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New South Wales Industrial Relations Commission
(Industrial Gazette)

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Page No.299
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C3803
Award Code 1819  
Date Posted08/18/2005

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Application by National Union of Workers, New South Wales Branch, industrial organisation of employees.


(No. IRC 2858 of 2005)


Before The Honourable Justice Backman

17 June 2005




1.  Arrangement


Clause No.          Subject Matter


1.         Arrangement

2.         Definitions

3.         Parties

4.         Terms and Conditions of Employment

5.         Provision of Information

6.         Area, Incidence and Duration

7.         Anti-Discrimination

8.         Superannuation

9.         No Extra Claims

10.       Settlement of Disputes

11.       Union Deductions


2.  Definitions


2.1        In this Consent Award:


(1)        "Award" means - an award made by the Australian Industrial Relations Commission or an award made by the Industrial Relations Commission of New South Wales (within the scope of which the Union may cover employees) that applies to a workplace or site of a Client at which an Employee is working which would otherwise apply if the Employee was an employee of that Client;


(2)        "Client" means - any corporation which has entered into a contract with the Company for the supply of the Company’s labour;


(3)        "Commission" means - the Industrial Relations Commission of New South Wales;


(4)        "Company" means- BLUE COLLAR RECRUITMENT Level 1, 181 Church Street Parramatta NSW 2150;


(5)        "Consent Award" means - this award;


(6)        "Employee(s)" means - an employee of the Company who is a member of the Union or eligible to be a member of the Union and engaged to perform work at the Client’s workplace or site;


(7)        "Enterprise Agreement" means - an enterprise agreement made under the Industrial Relations Act 1996 (NSW) or a certified agreement or an Australian Workplace Agreement made under the Workplace Relations Act 1996 (Cth);


(8)        "Terms and Conditions of Employment" means - the terms and conditions of employment applicable to the Employees employed at the Client’s workplace or site including the applicable Award and Enterprise Agreement; and


(9)        "Union" means - the National Union of Workers’, New South Wales Branch, 3-5 Bridge Street, Granville, New South Wales, 2142.


3.  Parties


The parties to this Consent Award are the Company and the Union.


4.  Terms and Conditions of Employment


The Employees, whilst working at a Client’s workplace or site, will be paid the Terms and Conditions of Employment.  To avoid uncertainty, this means that Employees shall receive no less than the applicable Award and/or Enterprise Agreement applying at the Client’s workplace.


5.  Provision of Information


Upon request from the Company, the Union undertakes to use its best endeavours to provide the following information to the Company:


5.1        whether the Client’s workplace or site employs Union members; and


5.2        the Terms and Conditions of Employment applicable to the Client’s workplace or site.


6.  Area, Incidence and Duration


6.1        This Consent Award is binding on the Company, the Union and the Employees.


6.2        This Consent Award shall operate from 17 June 2005 and remain in force for a period of two years.


6.3        This Consent Award applies to work performed within the State of New South Wales at sites where the Union has members or coverage pursuant to its registered rules.  For the purposes of Clause 5, an indicative but non-exhaustive list of Awards is contained in Appendix "A" to this Consent Award.


7.  Anti-Discrimination


7.1        It is the intention of the parties to this Consent Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.


7.2        It follows that in fulfilling their obligations under the dispute resolution procedure set out in this Agreement, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this agreement are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Agreement which, by its terms or operation, has a direct or indirect discriminatory effect.


7.3        Under the Anti-Discrimination Act 1977 (NSW), 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.


7.4        Nothing in this clause is to be taken to affect:


(1)        any conduct or act which is specifically exempted from anti-discrimination legislation;


(2)        offering or providing junior rates of pay to persons under 21 years of age;


(3)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977 (NSW); and


(4)        a party to this Consent Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.


7.5        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.


8.  Superannuation


The Company will make superannuation contributions on behalf of Employees into the Labour Union Co-operative Retirement Fund or any other complying superannuation fund.


9.  No Extra Claims


The parties to this Consent Award agree that they will make no extra claims for the duration of this Consent Award.


10.  Settlement of Disputes


10.1      In the event of a dispute or grievance arising between the parties, the parties shall endeavour to resolve the dispute in accordance with the following procedure:


(a)        any dispute 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 and the shop steward on the job, the shop steward shall refer the dispute within 24 hours to the union organiser who will take the matter up with the Company.


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 its employer association and the union Secretary shall take the matter up with the employer association;


(c)        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; and


(d)        at any time, either party shall have the right to notify the dispute to Industrial Registrar of the Commission.


11.  Union Deductions


11.1      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.


11.2      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.


11.3      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.


11.4      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.


11.5      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.


11.6      An Employee may at any time revoke in writing an authorisation to the Company to make payroll deductions of Union membership fees.


11.7      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.


11.8      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.










Printed by the authority of the Industrial Registrar.


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