Building Employees Mixed
Industries (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 Kavanagh
|
22 June 2004
|
VARIATION
1. Insert
after subclause 15.5, of clause 15, Overtime, of the award published 16 November
2001 (329 I.G. 625), the following new subclause:
15.6 Reasonable Overtime
15.6.1 Subject to paragraph 15.6.2 below, an
employer may require an employee to work reasonable overtime at overtime rates
or as otherwise provided for in this award.
15.6.2 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.
15.6.3 For the purposes of paragraph 15.6.2 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.
2. Insert after subclause 23.7, of clause 23, Payment of
Wages, 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:
23.8.1 the employee has authorised the
employer to make such deductions in accordance with paragraph 23.8.5 herein;
23.8.2 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;
23.8.3 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
23.8.4 there shall be no requirement to
make deductions for casual employees with less than two months' service
(continuous or otherwise).
23.8.5 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.
23.8.6 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:
23.8.7 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
23.8.8 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.
23.8.9 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.
23.8.10 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.
23.8.11 An employee may at any time revoke
in writing an authorisation to the employer to make payroll deductions of Union
membership fees.
23.8.12 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.
23.8.13 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 14 May 2004.
23.8.14 In the case of employers who do not
fall within paragraph 23.8.13 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 14 August 2004.
23.8.15 For all other employers, from the
beginning of the first pay period to commence on or after 14 November 2004.
3. This variation shall take effect from
the beginning of the first pay period to commence on or after 22 June 2004.
T. M. KAVANAGH J.
____________________
Printed by the authority of the Industrial
Registrar.