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New South Wales Industrial Relations Commission
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LABOUR POWER RECRUITMENT SERVICES NUW CONSENT AWARD 2005
  
Date01/06/2006
Volume355
Part5
Page No.1031
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4194
CategoryAward
Award Code 1845  
Date Posted01/06/2006

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(1845)

(1845)

SERIAL C4194

 

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.

 

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