MISCELLANEOUS WORKERS' - INDEPENDENT SCHOOLS AND COLLEGES, &c.
(STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch,
industrial organisation of employees.
(No. IRC 4167 of 2004)
|
Before Commissioner
Macdonald
|
16 August 2004
|
VARIATION
1. Insert in clause
2, Arrangement, of the award published 4 May 2001 (324 I.G. 579), the following
new clause number and subject matter and renumber the existing clause 40, Area,
Incidence and Duration to read as clause 41.
40. Deduction
& Remittance of Union Membership Fees
2. Delete
subclause (v) of clause 13, Wages and Classification Structure, insert in lieu
thereof:
(v) The rates of
pay in this award include the adjustments payable under the State Wage Case
2004. These adjustments may be offset against:
(a) any equivalent
over award payments, and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
3. Renumber
clause 40, Area, Incidence and Duration, to read as clause 41 and insert the
following new clause 40:
40. Deduction &
Remittance of Union Membership Fees
(i) The employer
shall deduct Union membership fees (not including fines or levies) from the pay
of any employee, provided that:
(a) the employee
has authorised the employer to make such deductions in accordance with
subclause (ii) herein;
(b) the Union
shall advise the employer of the amount to be deducted for each pay period
applying at the employer’s workplace and any changes to that amount;
(c) deduction of
union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee; and
(d) there shall be
no requirement to make deductions for casual employees with less than two
months’ service (continuous or otherwise).
(ii) The employee’s
authorisation shall be in writing and shall authorise the deduction of an
amount of Union fees (including any variation in that fee effected in
accordance with the Union’s rules) that the Union advises the employer to
deduct. Where the employee passes any such written authorisation to the Union,
the Union shall not pass the written authorisation on to the employer without
first obtaining the employee’s consent to do so. Such consent may form part of
the written authorisation.
(iii) Monies so deducted
from employees’ pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the employer’s election, together
with all necessary information to enable the reconciliation and crediting of
subscription to employees’ membership accounts, provided that:
(a) where the
employer has elected to remit on a weekly or fortnightly basis, the employer
shall be entitled to retain up to five per cent of the monies deducted; and
(b) where the
employer has elected to remit on a monthly or quarterly basis, the employer
shall be entitled to retain up to 2.5 per cent of the monies deducted.
(iv) Where an
employee has already authorised the deduction of Union membership fees in
writing from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to make a fresh authorisation in
order for such deductions to commence or continue.
(v) The Union
shall advise the employer of any change to the amount of membership fees made
under its rules, provided that this does not occur more than once in any
calendar year. Such advice shall be in the form of a schedule of fees to be
deducted specifying either weekly, fortnightly or monthly or quarterly as the
case may be. The Union shall give the employer a minimum of two months’ notice
of any such change.
(vi) An employee
may at any time revoke in writing an authorisation to the employer to make
payroll deductions of Union membership fees.
(vii) Where an
employee who is a member of the Union and who authorised the employer to make
payroll deductions of Union membership fees resigns his or her membership of
the Union in accordance with the rules of the Union, the Union shall inform the
employee in writing of the need to revoke the authorisation to the employer in
order for payroll deductions of union membership fees to cease.
This clause shall take effect:
(a) In the case of
employers which currently deduct union membership fees, or whose payroll
facilities are carried out by way of an outsourcing arrangement, or whose
payroll calculations are made through the use of computerised means, from the
beginning of the first pay period to commence on or after 7 September 2004;
(b) In the case of
employers who do not fall within sub-paragraph (i) above, but who currently
make deductions, other than union membership fee deductions or mandatory
deductions (such as for taxation instalments or superannuation contributions)
from employees’ pay, or have in place facilities to make such deductions, from
the beginning of the first pay period to commence on or after 7 December 2004;
(c) For all other
employers, from the beginning of the first pay period to commence on or after 7
March 2005.
4. Delete Table
1 - Wage Rates, and Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates, and insert in lieu thereof the following:
Table 1 - Wages
|
Classification
|
Former Rate
|
State Wage Case
|
New Total Rate
|
|
|
Per Week
|
2004 increase
|
Per Week
|
|
|
$
|
$
|
$
|
|
Level 6
|
591.70
|
19.00
|
610.70
|
|
Level 5
|
569.30
|
19.00
|
588.30
|
|
Level 4
|
531.40
|
19.00
|
550.40
|
|
Level 3
|
510.70
|
19.00
|
529.70
|
|
Level 2
|
498.90
|
19.00
|
517.90
|
|
Level 1
|
486.60
|
19.00
|
505.60
|
Table 2 - Other
Rates and Allowances
|
Item
|
Clause
|
Brief Description
|
Amount
|
|
No.
|
No.
|
|
$
|
|
1
|
11(v)(a)
|
Meal Allowance - Overtime
|
|
|
|
and (b)
|
First Meal
|
8.00
|
|
|
|
Second and subsequent meals
|
8.00
|
|
2
|
15(i)
|
Toilet Cleaning
|
7.22 per week
|
|
3
|
15 (ii)
|
Leading Hands in Charge of:
|
Per Week
|
|
|
|
1-5 employees
|
18.31
|
|
|
|
6-10 employees
|
22.77
|
|
|
|
11-15 employees
|
30.59
|
|
|
|
16-20 employees
|
36.98
|
|
|
|
Over 20 employees
|
36.98
|
|
|
|
Each extra employee over 20 employees
|
52 cents
|
|
4
|
15 (iii)
|
First Aid Allowance
|
10.98 per week
|
|
|
|
|
2.19 per day
|
|
5
|
15 (iv)(a)
|
Uniforms - Laundering Allowances
|
|
|
|
and (b)
|
Uniforms
|
6.22 per week
|
|
|
|
|
1.24 per shift
|
|
|
|
Aprons
|
2.77 per week
|
|
|
|
Chefs Overalls Trousers
|
8.50 per week
|
|
6
|
15(v)
|
Qualification Allowance
|
14.90 per week
|
|
|
|
Cleaning Supervisor's Course
|
2.98 per day
|
|
7
|
15(viii)
|
Refuse Disposal - Cleaners
|
78 cents per hour
|
|
|
|
|
Maximum 15.70 per
week
|
|
8
|
15(ix)
|
Multi-purpose Machines - cleaners
|
1.99 per shift
|
|
9
|
15(x)
|
Locomotion Allowance - General Service
|
|
|
|
|
Employees Stream
|
|
|
|
|
Employee providing own vehicle
|
20.20 per shift
plus fuel
|
|
|
|
Employee providing own bicycle
|
1.83 per shift
|
|
10
|
16(i)(a),
|
Broken Shift Allowances
|
|
|
|
16(i)(b),
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(a) Three shifts
per day
|
7.68 per day
|
|
|
16(i)(c)
|
(b) Two shifts per
day
|
3.52 per day
|
|
11
|
16(i)(c)
|
Excess Fares Allowances
|
7.40 per week
|
|
12
|
33(ii)
|
Tool Allowance - Apprentice Cooks
|
|
|
|
|
- where tools not supplied
|
0.76 per week
|
5. The variation
shall take effect from the first full pay period to commence on or after 7
September 2004.
A. W. MACDONALD, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.