LABOUR POWER RECRUITMENT SERVICES NUW CONSENT AWARD 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by National Union
of Workers, New South Wales Branch, industrial organisation of employees.
(No. IRC 5437 of 2005)
Before The Honourable
Justice Kavanagh
|
31 October 2005
|
AWARD
1. Title
This award shall be referred to as the Labour Power Recruitment
Services NUW Consent Award 2005.
2. Arrangement
Clause No. Subject Matter
8. Anti-Discrimination
7. Area,
Incidence and Duration
2. Arrangement
3. Definitions
10. No Extra
Claims
4. Parties
6. Provisions
of Information
11. Settlement
of Disputes
9. Superannuation
5. Terms and
Conditions of Employment
1. Title
12. Union
Deductions
3. Definitions
In this Consent Award:
(1) "Award"
means an award of the Commission or the Australian Industrial Relations
Commission (within the scope of which the Union may cover employees) that
applies to a workplace or site of a Client of 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 Labour Power Recruitment Services Pty Ltd, of Level 1, 69 Regent Street
Sydney NSW 2008;
(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.
4. Parties
The parties to this Consent Award are the Company and the
Union.
5. Terms and
Conditions of Employment
The Employee’s, 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 les then the applicable
Award and/or Enterprise Agreement applying at the Client’s workplace.
6. Provisions of
Information
Upon request from the Company, the union undertakes to use
it best endeavours to provide the following information to the Company;
6.1 whether the
Client’s workplace or site employees Union members; and
6.2 the terms and
Conditions of Employment are applicable to the Client’s workplace or site.
7. Area, Incidence
and Duration
7.1 This Consent
Award is binding on the Company, the Union and the Employees.
7.2 This Consent
Award shall operate from 31 October 2005 and remain in the force for a period
of two years.
7.3 The Consent Award
apples work performed within the State of New South Wales at sites where the
Union has member or coverage pursuant to its registered rules. For the purposes
of Clause 5, an inductive but non-exhaustive list of Awards is contained in
Appendix "A" to this consent.
8.
Anti-Discrimination
8.1 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
ground of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a career.
8.2 It follows 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 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.
8.3 Under The Anti-Discrimination
Act 1977 (NSW), it is unlawful to victimise an employee because has made or
may make or has been involved in a compliant of unlawful discrimination or
harassment.
8.4 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 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 pursing matters of unlawful discrimination in any State
or Federal jurisdiction.
8.5 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.
9. Superannuation
The Company will make superannuation contributions on behalf
of the Employees into the Labour Union Co-operative retirement Fund or any
other complying superannuation fund.
10. No Extra Claims
The parties to this Consent Award agree that they will make no
extra claims for the duration of this Consent Award.
11. Settlement of
Disputes
In the event of a dispute or grievance arising between the
parties, the parties shall endeavour to resolve the dispute in accordance to
the following procedure:
(a) any dispute
arising out of the employment shall be referred by the shop steward or n
individual employee to the Company representative appointed for this purpose.
(b) failing
settlement at this level with the Company and the shop steward on the job, the
job steward shall refer the dispute within 24 hours to the union organizer who
will take the matter up with the Company.
All efforts shall be made by the Company and the union
organizer to settle the matter but, failing settlement, the union organizer
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.
12. Union Deductions
12.1 The Company
shall deduct Union Membership fees (not including fines or levies) from the pay
of any employee, provided that:
(a) the Employee
had authorized 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) deductions of
Union membership fees shall only occur in each pay period which payment has or
is to be made to an Employee.
12.2 The Employee’s
authorization shall be in writing and shall authorize the deduction of the
amount in Union Fees (including any variation on that fee affected in
accordance with the Union’s rules) that the Union advises the Company to
deduct. Where the Employee passes any such written authorization on to the
Union, the Union shall not pass the written authorization on to the Company
without first obtaining the Employee’s consent to do so. Such consent may from
part of the written authorization.
12.3 Monies so
deducted from the Employee’s pay shall be remitted to the Union on monthly
basis, together with all necessary information to enable the reconciliation and
crediting of subscriptions to Employee’s membership accounts, provided that
where the Company shall be entitled to retain up to 2.5 percent of the monies
deducted.
12.4 Where an
employee has already authorized the deduction of Union Membership fees in writing
from his or her pay prior to this clause taking to effect, nothing in this
clause shall be read as requiring the Employee to make a fresh authorisation in
order for such deductions to commerce or continue.
12.5 The company
shall advise the Union of any charge to the amount of membership fees made
under its rules, provided that this does not occur more then once in any
calendar. 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.
12.6 An employee may
at any time revoke in writing an authorization to the Company to make payroll
deductions of Union membership fees.
12.7 Where an
Employee is a member of a Union and who has authorized the Company to make 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 authorization to the Company
in order for payroll deductions of union membership fees to cease.
12.8 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 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 their
wages before commencement of employment.
APPENDIX "A"
(LIST OF
"AWARDS" (NOT EXHAUSTIVE) AS DEFINED IN CLAUSE 7.3)
Awards Of The Industrial Relations Commission Of NSW
Storemen & Packers General (State) Award
Storemen & Packers Bond & Free Stores (State)
Award
Storemen & Packers Wholesale Drug Stores (State)
Award
Rubber Workers (State) Award
Pet Food Manufacturers (State) Award
Biscuit & Cake Makers (State) Award
Grocery Products Manufacturing (State) Award
Starch Manufacturers &c. (State) Award
Pastry Cooks &c. (State) Award
Pastry Cooks (Specified Wholesalers) Award
Advertising Sales representatives (State) Award
Commercial Travellers &c. (State) Award
Animal Food Makers &c. (State) Award
Awards Of The Australian Industrial Relations Commission
Rubber, Plastic & Cablemaking Industry - General
Award 1996
Storage Services Materials Handling Award 1996
Metal, Engineering & Associated Industries Award
1998
Market Research Industry Award 1990
Storage Services Steel distributing Award 1996
Storage Services Australian Capital Territory -
National Union of Workers - Award 1998
Storage Services Bulk Liquid Terminals Award 1996
Rubber, Plastic & Cable Making Industry - Rubber,
Plastic, Adhesive Tape, Abrasive and Coated Materials Award 1990
Milling Industry Award 1990
National Skin, Hide & Wool Stores (NUW) Award 1994
Storage Services General Award 1999
Storemen & Packers (Wool Selling Brokers) Award
1990
Storage Services Warehousing Award 1996
Business Equipment Industry (Technical Service) Award
1978
Vehicle Industry - Repair, Services and Retail - Award
1983
Brushmaking Industry Consolidated Award 1979
International Duty Free Stores Award 1980
T. M. KAVANAGH J.
____________________
Printed by
the authority of the Industrial Registrar.