Transport Industry - Waste Collection and Recycling (State) Superannuation Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1682 of 2007)

 

 

REVIEWED AWARD

 

1.  Award Title

 

Transport Industry - Waste Collection and Recycling (State) Superannuation Award.

 

2.  Arrangement

 

Clause No       Subject Matter

 

1.         Award Title

 

2.         Arrangement

 

3.         Anti-Discrimination

 

4.         Area, Incidence And Duration

 

5.         Definition

 

6.         Contributions

 

7.         Exemptions and Leave Reserved

 

3.  Anti-Discrimination

 

3.1        It is the intention of the parties bound by this award to seek to achieve the object in section 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.

 

3.2        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this 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 award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

3.3        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.

 

3.4        Nothing in this clause is to be taken to affect:

 

3.4.1     any conduct or act which is specifically exempted from anti-discrimination legislation;

 

3.4.2     offering or providing junior rates of pay to persons under 21 years of age;

 

3.4.3     any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act, 1977; or

 

3.4.4     a party to this award from pursing matters of unlawful discrimination in any State or federal jurisdiction.

 

3.5        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.

 

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 of the act or practiced 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."

 

4.  Area, Incidence and Duration

 

4.1        This award shall apply to employees covered by the Transport Industry - Waste Collection and Recycling (State) Award, published 16 December 2005 (355 I.G. 389) as varied, subject to clause 7, Exemptions and Leave Reserved of this award.

 

4.2        This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Transport Industry - Sanitary and Garbage (State) Superannuation Award published 2 November 2001 (329 I.G. 240), as varied.

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 4 December 2007.

 

This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

5.  Definition

 

In this award "the Fund" means The TWU Superannuation Fund established by Trust Deed and Articles on 4 October 1984.

 

6.  Contributions

 

6.1        Upon the invitation of the Trustee of the Fund and employer shall apply to the Trustee of the Fund to become a participating employer in the Fund; and

 

6.2        Each participating employer shall pay to the Trustee of the Fund on behalf of each full-time employee member of the Fund in Category EBB employed by that employer contributions at the rate of $17.00 per week and in respect of each casual employee member of the fund employed by that employer, contributions at the rate of $3.40 per day employed or part thereof.

 

6.3        An employer who is bound by this award may examine the Trust Deed of the Fund at the offices of the Transport Workers' Union of Australia, NSW branch, or the New South Wales Road Transport Association during the hours, which those organisations are usually open for business.

 

7.  Exemptions and Leave Reserved

 

7.1        JJ Richards and Co. shall be exempt from the provisions of this award with respect to employees performing work under garbage contracts in all of New South Wales provided that leave is reserved to the parties to apply in respect of this clause.

 

7.2        Members of the Employers' First, who are not members of the Waste Contractors and Recyclers Association of NSW, shall be exempt from the provisions of this award provided that leave is reserved to the parties to apply in respect of this subclause.

 

7.3        Any employer who is not a member of the Waste Contractors and Recyclers Association of NSW may apply to the Industrial Relations Commission of NSW for an exemption from the provisions of this award within six months from the operative date of this award.

 

 

 

J. P. MURPHY, Commissioner

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.