NATIONAL UNION OF WORKERS (NSW BRANCH) & ADECCO LOGISTICS STATE
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 5025 of 2005)
|
Before The Honourable
Justice Kavanagh
|
27 October 2005
|
AWARD
Arrangement
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. Anti-Discrimination
10. Superannuation
11. Savings
12. Employee
Counselling Procedure
13. Occupational
Health & Safety
14 Certification
of Service
15. Distribution
and Introduction of this Consent Award
16. No Extra
Claims Commitment
17. Disputes
Procedure
18. Basis of
Agreement
1. Title
This Consent Award shall be known as the National Union of
Workers (NSW Branch) & Adecco Logistics State Consent Award 2005.
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 1996 (NSW) or the Workplace Relations Act 1996 (Cth)
that:
(a) was assessed
by the Industrial Relations Commission of New South Wales 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 Logistics Pty. Limited (ACN
008 849 152)
"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 Logistics 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 the date of approval 5 October 2005 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.
Anti-Discrimination
(a) It is the
intention of the parties to this Consent Award to seek to achieve the object in
s 3(f) of the Industrial Relations Act 1996 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.
(b) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this Consent Award the parties have obligations to take all
reasonable steps to ensure that the operation of the provisions of this Consent
Award 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 Consent Award which, by its terms or operation,
has a direct or indirect discriminatory effect.
(c) Under the Anti-Discrimination
Act 1977, 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.
(d) Nothing in
this clause is to be taken to affect:
(aa) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(bb) offering or
providing junior rates of pay to persons under 21 years of age;
(cc) any act or practice
of a body established to propagate religion which is exempted under s 56(d) of
the Anti-Discrimination Act 1977;
(dd) a party to this
Consent Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(e) 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.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion."
10. 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.
11. Savings
No Employee shall suffer any overall reduction in wages
and/or conditions as a result of the making of this Consent Award.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. Basis of
Agreement
The parties entered this consent award freely and without
duress.
APPENDIX "A"
(List of "Awards" (not exhaustive) as defined in
Clause 8)
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.