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New South Wales Industrial Relations Commission
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ADECCO - NUW (NSW) CONSENT AWARD 2004
  
Date04/07/2005
Volume349
Part5
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C3478
CategoryAward
Award Code 1772  
Date Posted04/07/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1772)

SERIAL C3478

 

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

16 September 2004

 

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

 

 

 

Signed for and on behalf of the

NATIONAL UNION OF WORKERS

(NEW SOUTH WALES BRANCH)

 

Date:

 

 

 

Signed for and on behalf of

ADECCO INDUSTRIAL PTY. LTD.

ADECCO PRIME PTY. LTD.

 

Date:

 

 

 

B. W. O'NEILL, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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