VAN SALES EMPLOYEES' (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1673 of 2004)

 

 

REVIEWED AWARD

 

1.          Renumber in the Arrangement of the award published 7 September 2001 (327 I.G. 529), clause 41A, Deduction of Union Membership Fees, to read as clause 42 and renumber remaining clauses accordingly:

 

42.       Deduction of Union Membership Fees

43.       Anti-Discrimination

44.       Parental Leave

45.       Conditions

46.       Leave Reserved

47.       Occupational Superannuation

48.       Enterprise Arrangements

49.       Enterprise Consultative Mechanism

50.       Area, Incidence And Duration

 

2.          Delete the word "schedule" appearing in paragraph (b), of subclause (vii), of clause 3, Hours, and insert in lieu thereof the following:

 

scheduled

 

3.          Delete the word "he" wherever appearing in the award, and insert in lieu thereof the following:

 

the employee

 

4.          Delete the word "his" wherever appearing in the award, and insert in lieu thereof the following:

 

their

 

5.          Delete the last sentence of paragraph (d), of subclause (vii), of clause 3, Hours, and insert in lieu thereof the following:

 

Such days are to be taken at a time mutually agreed to between the employer and the employee concerned.

 

6.          Delete the word "document" wherever appearing in clause 6, Supported Wage, and insert in lieu thereof the following:

 

Instrument

 

7.          Delete the letters "Introdction" appearing in subparagraph (1), of paragraph (i), of subclause (c), of clause 7, Redundancy, and insert in lieu thereof the following:

 

Introduction

 

8.          Delete the first paragraph of paragraph (ii), of subclause (e), of clause 7, Redundancy, and insert in lieu thereof the following:

 

(ii)        Incapacity to pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than contained in paragraph (i) of this subclause.

 

9.          Delete the words "Industrial Relations (General) Regulation 1996 (as at 1/7/99)" appearing in clause 13, Time and Wages Records, and insert in lieu thereof the following:

 

Industrial Relations (General) Regulation 2001 (as at 1/9/01)

 

10.        Delete paragraphs (a), (c) and (f), of subclause (1), of clause 13, Time and Wages Records, and insert in lieu thereof the following:

 

(a)        the full name of the employer,

 

(c)        if any conditions of employment of the employee are set by an industrial instrument – the classification of the employee under that instrument,

 

(f)         if the employee is an apprentice or trainee within the meaning of the Apprenticeship and Traineeship Act 2001 (NSW) the date the person became such an apprentice or trainee,

 

11.        Delete the first paragraph of clause 14, Particulars of Wages to be Furnished to Employees, and insert in lieu thereof the following:

 

Particulars of wages to be furnished to employees by the employer are listed in clause 7 of Division 1 - Industrial Relations (General) Regulation 2001 (as at 1/9/01) and are as follows:

 

12.        Delete clause 20, Saturday Work, and insert in lieu thereof the following:

 

20.  Saturday Work

 

Work done on any Saturday shall be voluntary and paid for at overtime rates of pay as per paragraph (d) of subclause (i) of Clause 11, Overtime, with minimum payment of four hours.

 

13.        Delete the words "Eight Hour" appearing in subclause (i), of clause 22, Holidays, and insert in lieu thereof the following:

 

Labour

 

14.        Delete the number "5" appearing in subclause (v), of clause 25, Annual Holidays Loading, and insert in lieu thereof the following:

 

4

 

15.        Delete the numbers "21" and "22" appearing in subclause (ii), of clause 26, Termination of Employment, and insert in lieu thereof the following numbers 22 and 23 respectively.

 

16.        Delete the number "26" appearing in paragraph (a), of subclause (1), of clause 28, Personal/Carer's Leave, and insert in lieu thereof the following:

 

27

 

17.        Delete paragraph (c), of subclause (6), of clause 28, Personal/Carer's Leave, and insert in lieu thereof the following:

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject  to reasonable notice by the employee or the employer.

 

18.        Delete subclause (iii), of clause 29, Bereavement Leave, and insert in lieu thereof the following:

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer's Leave in clause 28(1)(c)(ii), provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

19.        Delete the letters "de" appearing in paragraph (b), of subclause (i), of clause 41, Disputes Procedure, and insert in lieu thereof the following:

 

be

 

20.        Renumber clause 41A, Deduction of Union Membership Fees, to read as clause 42, and renumber remaining clauses accordingly.

 

21.        Delete subclause (3), of clause 43, Anti-Discrimination, and insert in lieu thereof the following:

 

(3)        Under the Anti-Discrimination Act 1977 it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

22.        Delete the word "salesmen" appearing in paragraph (c), of subclause (iv), of clause 45, Conditions, and insert in lieu thereof the following:

 

sales employees

 

23.        Delete the number "5" appearing in paragraph (c), of subclause (i), of clause 47, Occupational Superannuation, and insert in lieu thereof the following:

 

4

 

24.        Delete the number "48" wherever appearing in clause 47, Occupational Superannuation, and insert in lieu thereof the following:

 

50

 

25.        Delete subclause (viii), of clause 47, Occupational Superannuation, and insert in lieu thereof the following:

 

(viii)     Leave is reserved in regard to employer contributions on commission.

 

26.        Delete subclause (b), of clause 48, Enterprise Arrangements, and insert in lieu thereof the following:

 

(b)        Industrial unions of employees and industrial unions of employers, or industrial unions of employees and employers, or employees and employers may negotiate enterprise arrangements which, subject to the following provisions, shall prevail over the provision of any award or order of the Industrial Relations Commission that deals with the same matters in so far as they purport to apply to parties bound by the arrangements, provided that where the arrangement is between employees and an employer a majority of employees affected by the arrangement genuinely agree.

 

27.        Delete the number "3" appearing in subclause (a), of clause 50, Area, Incidence and Duration, and insert in lieu thereof the following:

 

2

 

28.        Delete subclause (d), of clause 50, Area, Incidence and Duration, and insert in lieu thereof the following:

 

(d)        The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307) are set out in the attached Schedule B and take effect on 1 July 2004.

 

 

 

P. J. SAMS  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.