ADECCO - NUW (NSW) CONSENT AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by National
Union of Workers, New South Wales Branch, industrial organisation of employees.
(No. IRC 5007 of 2004)
Before Commissioner
O'Neill
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16 September 2004
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AWARD
Clause No. Subject Matter
1. Title
2. Preamble
3. Definitions
4. Enterprise
Flexibility Provisions
5. Training
6. Provision
of Information
7. Union
Membership
8. Area,
Incidence and Duration
9. Superannuation
10. Savings
11. Employee
Counselling Procedure
12. Occupational
Health & Safety
13. Certification
of Service
14. Distribution
and Introduction of this Consent Award
15. No Extra
Claims Commitment
16. Disputes
Procedure
17. Basis of
Agreement
18. Signatories
1. Title
This Consent Award shall be known as the Adecco - NUW (NSW)
Consent Award 2004.
2. Preamble
This Consent Award is designed to formalise the relationship
between the Company and the National Union of /workers, New South Wales Branch.
3. Definitions
"Award" means an award (of the Industrial
Relations Commission of New /South Wales or the Australian Industrial Relations
Commission) to which the Union is party, that applies to a work site of a
Client at which an Employee is working, in circumstances where if the Employee
was an employee of that Client, that award would apply to the Employee’s
employment.
"Agreement" means an agreement made under the Industrial
Relations Act (NSW) or the Workplace Relations Act 1996 that:
(a) was assessed
by the NSW Industrial Relations Commission or the Australian Industrial
Relations Commission for the purposes of no net detriment or the no
disadvantage test;
(b) applies to a
work site of a client of the Company at which an Employee is working in
circumstances where if the Employee was an employee of the client, that
agreement would apply to the Employee’s employment.
"Minimum Conditions of Employment" means that the
Company shall reflect the following (as would be applicable to the Client’s
employees engaged to perform the same work as the employee):
(a) the rates of
pay as specified in the Agreement or Award
(b) the casual
loading as specified in the agreement or the Award
(c) the spread of hours
and working patterns as specified in the agreement or the Award (including, but
not limited to, ordinary hours of work, shift work, overtime and penalty rates
for working on public holidays or Sundays); and
(d) all relevant
allowances as specified in the Agreement or the Award.
"Union" means National Union of Workers, New South
Wales Branch
"Client" means any entity which has entered into a
contract with the Company for the supply of its labour.
"Company" means Adecco Industrial Pty. Limited
(ACN 39 004 366 634), and Adecco Prime Pty. Ltd (ACN 25 003 160 843).
"Employee" means an Employee of the Company who is
engaged to perform work under this Consent Award at a Client’s workplace. An
Employee can be engaged as a casual, part time or full time basis.
"Parties to this Consent Award" means the Company
and the Union.
4. Enterprise
Flexibility Provisions
4.1 Site
Agreements:
(a) All employees
covered by this Consent Award will be entitled to the Minimum Conditions of
Employment binding upon the Client.
(b) Further to
4.1(a), (and to avoid uncertainty), the Company will pay its Employee the site
rate of pay, that is the rate of pay that would be payable to the Employee had
the Employee been directly employed by the client.
5. Training
The Parties to this Consent Award recognise that in order to
increase the efficiency, productivity and competitiveness of Adecco a
commitment to training and skilled development is required. Accordingly, the parties commit themselves
to:
(a) Developing a
more highly skilled and flexible workforce that is essential to the Client’s
needs;
(b) Providing
Employees with career opportunities through access to appropriate training to
acquire the additional skills as required by the Company and the Client.
(c) Where appropriate,
utilise industry traineeship programs to provide genuine career prospects for
people in the industry.
6. Provisions of
Information
Upon request from the Company, the Union undertakes to make
best endeavours to provide the following information:
(a) Whether a site
is an NUW site.
(b) The existing
site rates, terms and conditions
(c) The
appropriate Award coverage
7. Union Membership
7.1 The Company
shall deduct Union membership fees (not including fines or levies) from the pay
of any Employee, provided that:
(a) the Employee
has authorised the Company to make such deductions in accordance with
sub-clause 12.2 herein;
(b) the Union
shall advise the Company of the amount to be deducted for each pay period
applying at the Company’s workplace and any changes to that amount; and
(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.
7.2 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 Company to
deduct. Where the Employee passes any such written authorisation to the Union,
the Union shall not pass the written authorisation on to the Company without
first obtaining the Employee’s consent to do so. Such consent may form part of
the written authorisation.
7.3 Monies so
deducted from Employees’ pay shall be remitted to the Union on a monthly basis,
together with all necessary information to enable the reconciliation and
crediting of subscriptions to Employees’ membership accounts, provided that
where the Company has elected to remit on a monthly basis, the Company shall be
entitled to retain up to 2.5 per cent of the monies deducted.
7.4 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.
7.5 The Union
shall advise the Company 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 weekly. The Union shall give the
Company a minimum of two months’ notice of any such change.
7.6 An Employee
may at any time revoke in writing an authorisation to the Company to make
payroll deductions of Union membership fees.
7.7 The company
shall advise all non-union employees that a union bargaining fee of $7.00 per
week is payable to the union. The company shall also advise all new employees
prior to commencing work for the company that a union bargaining fee of $7.00
per week is payable to the union. The company will provide to all new employees
an authority to deduct the union bargaining fee from their wages before
commencement of employment.
7.8 Where an
Employee who is a member of the Union and who has authorised the Company 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 Company
in order for payroll deductions of union membership fees to cease.
8. Area Incidence and
Duration
(a) This Consent
Award is binding on:
National Union of Workers, NSW Branch
Adecco Industrial Pty. Ltd. and Adecco Prime Pty. Ltd.
All Employees of the Company engaged in NSW, whether
members of the Union or not, engaged at recognised Union sites where the Union
has in place a site specific enterprise Agreement or Award (as defined)
(b) This Consent
Award shall operate from 16 September 2004 and shall continue to operate for a
period of two years and thereafter until rescinded or replaced.
(c) This Consent
Award shall apply to all Employees of the Company in the State of New South
Wales who are engaged by the Company to comprise part or all of the Client’s
workforce where the terms and conditions of that client’s workforce are
regulated by an Award or Agreement.
9. Superannuation
Contributions in line with the Superannuation Guarantee Act,
shall be made. All employees shall have their superannuation paid to the Labour
Union Co-operative Retirement fund (LUCRF)) in situations where Employees are
already a member of an SGL approved fund, that existing fund shall be acceptable.
10. Savings
No Employee shall suffer any overall reduction in wages
and/or conditions as a result of the making of this Consent Award.
11. Employee
Counselling Procedure
An hourly or casual Employee can be terminated for the following
reasons:
Lack of available work
Poor performance
Due to disciplinary reasons (up to and including
summary dismissal).
Where a casual Employee’s employment is terminated due to
lack of available employment, the employee will be listed with the Company as a
candidate for future employment. This includes where an Employee is no longer
required at a particular site by a Client.
Where a casual Employee is terminated due to disciplinary
reasons including summary dismissal, the Employee will not be listed as a
candidate for future employment and will have their name removed from being
available for work through the company.
In order to remove an Employee’s name as a Candidate for
future employment in circumstances other than those what warrant summary
dismissal, Adecco shall counsel and issue appropriate warnings to Employees
prior to termination.
Each formal warning shall be in writing.
Before the Employee is counselled or given a warning by a
representative of the Company, they shall be advised that they are entitled to
have an official of the Union present as a witness.
Provided that nothing appearing above shall prevent or
restrict Adecco removing an Employee from a workplace at the request of the
client.
12. Occupational
Health and Safety
The Company’s policy in the area of Occupational Health and
Safety is an important part of its commitment to providing all clients with a
high quality, efficient and cost effective service.
The Company considers that having a safe working environment
is essential and accordingly its policy is that as far as is reasonable and
practical all employees of its workforce will conduct themselves in such a
manner that the safety of everyone with whom they work is enhanced by their
presence.
To achieve this, the Company’s policy is to use compliance
with the applicable Occupational Health and Safety laws is not just a matter of
legal obligation, but as a guide to achieving a better and safer workplace.
The Company will provide OH&S supervision which will
identify unsafe work practices/environments within client operations where an
on site manager is on site.
The Company will provide training in Occupational Health and
Safety to all employees as required by the Client, or in accordance with its
OH&S obligations.
13. Certification of
Service
Where practicable, a Certificate of Service will be provided
by the company at the request of a terminating Employee specifying the period
of the employment and the classification level of work performed by the
Employee.
14. Distribution and
Introduction of This Consent Award
The National Union of Workers NSW Branch and the Company
will ensure that all Union Officials and Shop Stewards are made aware of the
existence and provisions of this Consent Award and all shall be provided with a
copy of the Consent Award upon request.
15. No Extra Claims
Commitment
The Parties to this Consent Award undertake that they will
not make or pursue any other claims relating to terms and conditions of
employment during the life of the consent award.
16. Disputes
Procedure
(a) Any disputes
arising out of employment shall be referred by the shop steward or an
individual employee to the Company representative appointed for this purpose.
(b) Failing settlement
at this level between the Company Representative and the Shop Steward on the
job, the Shop Steward shall refer the matter to the Union organiser who will
take the matter up with the Company.
(c) All efforts
shall be made by the company and the Union Organiser to settle the matter but
failing settlement the Union organiser shall refer the dispute to the Union
Secretary and the Company shall refer the dispute to the Company’s group ER
Manager (or his nominated representative).
(d) During the
discussions the status quo shall remain and work shall proceed normally. Status quo shall mean the situation existing
immediately prior to the dispute or the matter giving rise to the dispute.
(e) Where the
parties have followed the procedures set out in 18(a) to (c), yet have failed
to resolve the matter in dispute, then either party shall have the right to
notify the dispute to the Industrial Registrar.
17. Basis of
Agreement
The parties entered this consent award freely and without
duress.
18. Signatories
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Signed for and on behalf of the
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NATIONAL UNION OF WORKERS
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(NEW SOUTH WALES BRANCH)
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Date:
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Signed for and on behalf of
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ADECCO INDUSTRIAL PTY. LTD.
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ADECCO PRIME PTY. LTD.
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Date:
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B. W. O'NEILL, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.