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New South Wales Industrial Relations Commission
(Industrial Gazette)





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MISCELLANEOUS WORKERS' - INDEPENDENT SCHOOLS AND COLLEGES, &c. (STATE) AWARD
  
Date02/25/2005
Volume348
Part6
Page No.
DescriptionVSW - Variation following State Wage Case
Publication No.C3137
CategoryAward
Award Code 481  
Date Posted02/24/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(481)

SERIAL C3137

 

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),

(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.

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