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New South Wales Industrial Relations Commission
(Industrial Gazette)





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BUILDING AND CONSTRUCTION INDUSTRY (STATE) AWARD
  
Date03/17/2006
Volume358
Part1
Page No.258
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C3811
CategoryAward
Award Code 001  
Date Posted03/17/2006

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(001)

SERIAL C3811

 

BUILDING AND CONSTRUCTION INDUSTRY (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Construction, Forestry, Mining and Energy Union (New South Wales Branch), industrial organisation of employees.

 

(No. IRC 1361 of 2004)

 

Before The Honourable Justice Walton, Vice-President

10 June 2005

Mr Deputy President Sams

 

Commissioner O'Neill

 

 

VARIATION

 

1.          Insert after subclause 23.7, of clause 23, Payment of Wages, of the award published 31 August 2001 (327 I.G. 279), the following new subclause:

 

23.8      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 (e) 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).

 

Note: The conditions of casual employment under this award are set out in clause 13.2.

 

(e)        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 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.

 

(f)        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 subscriptions to employees' membership accounts, provided that:

 

(g)       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

 

(h)       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.

 

(i)         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.

 

(j)         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, monthly, or quarterly as the case may be.  The Union shall give the employer a minimum of two months' notice of any such change.

 

(k)        An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

(l)         Where an employee who is a member of the Union and who has 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.

 

(m)       This clause shall not apply to apprentices engaged by employers that are respondent to, or otherwise bound by the National Building and Construction Industry Award 2000.

 

(n)       In the case of employers which 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 10th June 2005.

 

(o)       In the case of employers who do not fall within subparagraph (m) 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 12th September 2005.

 

(p)       For all other employers, from the beginning of the first pay period to commence on or after 12th December 2005.

 

2.          Delete paragraph 29.9 (a), of clause 29, Overtime And Special Time, and insert in lieu thereof the following:

 

29.9 (a) (i)        Subject to paragraph (ii) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

(ii)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours, which are unreasonable.

 

(iii)       For the purposes of paragraph (ii) what is unreasonable or otherwise will be determined having regard to:

 

(a)        any risk to employee health and safety;

 

(b)        the employee's personal circumstances including any family and carer responsibilities;

 

(c)        the needs of the workplace or enterprise;

 

(d)        the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and,

 

(e)        any other relevant matter.

 

3.          This variation shall take effect from the beginning of the first pay period to commence on or after 10 June 2005.

 

 

 

M. J. WALTON  J, Vice-President.

P. J. SAMS  D.P.

B. W. O'NEILL, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

 

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