ENGINE PACKING MANUFACTURE (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 4168 of 2004)
|
Before The Honourable
Justice Kavanagh
|
30 August 2004
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VARIATION
1. Insert after
clause 27, Redundancy, of clause 1, Arrangement, of the award published 16
February 2001 (322 I.G. 354) the following new clause:
28. Deduction
and Remittance of Union Membership Fees
2. Renumber
clause 28, Area, Incidence and Duration, of the said Arrangement to read as
clause 29.
3. Delete
paragraph (b) of subclause (i) of clause 2, Wages, and insert in lieu thereof
the following:
(b) 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.
4. Insert after
clause 27, Redundancy, the following new clause:
28. Deduction and
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:
(i) In the case
of employers who 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 30 September 2004;
(ii) In the case
of employers who do not fall within subparagraph (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 30 December 2004;
(iii) For all other
employers, from the beginning of the first pay period to commence on or after
30 March 2005.
5. Renumber
clause 28, Area, Incidence and Duration, to read as clause 29.
6. Delete Part
B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Wages
|
Classification
|
Former Rate
|
SWC
|
Total Rate
|
|
|
per week
|
2004
|
per week
|
|
|
$
|
$
|
$
|
|
Machinist
|
466.70
|
19.00
|
485.70
|
|
Trainee Machinist (First 3 months)
|
458.50
|
19.00
|
477.50
|
|
Labourer
|
461.60
|
19.00
|
480.60
|
|
Light Machinist (as defined)
|
459.90
|
19.00
|
478.90
|
|
Trainee Light Machinist (First 3 months)
|
451.80
|
19.00
|
470.80
|
|
Tablehand/Trimmer/Finisher/Packager
|
456.80
|
19.00
|
475.80
|
Table 2 - Other Rates
And Allowances
|
Item
|
Clause
|
Brief Description
|
Amount Payable
|
|
No.
|
No.
|
|
$
|
|
1
|
9(ii)
|
Meal Allowance
|
8.35 per meal
|
|
2
|
9(iii)(a)
|
Leading Hand - up to 10 employees
|
21.80 per week
|
|
3
|
9(iii)(b)
|
Leading Hand - over 10 employees
|
29.05 per week
|
|
4
|
9(iv)
|
First-aid Allowance
|
1.95 per day
|
|
5
|
9(v)(a)
|
Dirt Money: Squaring Machine or Cleaning Tanks
|
1.15 per day
|
|
6
|
9(v)(b)
|
Dirt Money: Twisting Machine or Hemp and/or Asbestos Plaiters
|
1.05 per day
|
7. This
variation shall take effect from the first full pay period to commence on or
after 21 September 2004, with the exception of clause 4, which shall take effect
from the first full pay periods to commence on or after the dates therein.
T. M. KAVANAGH J.
____________________
Printed by
the authority of the Industrial Registrar.