TRANSPORT INDUSTRY -
REDUNDANCY (STATE) AWARD
award
REPRINT
This
reprint of the abovementioned award is published by the authority of the
Industrial Registrar under section 390 of the Industrial Relations Act 1996,
and under Rule 6.6 of the Industrial Relations Commission Rules 2009.
I
certify that the form of this reprint, incorporating the variations set out in
the schedule, is correct as at the latest date of effect therein mentioned.
G.
M. GRIMSON Industrial Registrar.
Schedule of Award and
Variations Incorporated
Clause
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Award/
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Date of
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Date of Taking Effect
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Industrial Gazette
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Variation
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Publication
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Serial No.
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Vol.
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Page
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Award
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B9293
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08/09/2000
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On 28/04/2000
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318
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458
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7(iv)
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C1587
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06/12/2002
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On and from 30/08/2002
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337
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349
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3, 11
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C2673
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30/07/2004
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On 19/03/2004
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345
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606
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7
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C3245
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21/01/2005
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On and from 10/09/2004
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348
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130
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11
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C6103
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08/02/2008
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On and from 31/07/2007
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364
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1166
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1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Application
4. Introduction
of Change
5. Redundancy
6. Termination
of Employment
7. Severance
Pay
8. Grievance and
Dispute Resolution Procedures
9. Anti-Discrimination
10. Savings
Clause
11. Area,
Incidence and Duration
2. Title
This award shall be known as the Transport Industry -
Redundancy (State) Award.
3. Application
(i) This award shall
apply in respect of full-time and part-time persons employed in the
classifications specified in the following awards:
1. Ice Cream
Carters and Van Salespersons (State) Award, published 8 December 2000 (320 I.G.
1114), as varied - clause 5, Area, Incidence and Duration.
2. Milk Treatment,
&c., and Distribution (State) Award, published 30 November 2001 (329 I.G.
1084), as varied - clause 30, Area, Incidence and Duration.
3. Transport
Industry (State) Award published 20 April 2000 (315 I.G. 192), - clause 50,
Area, Incidence and Duration.
4. Transport
Industry - Cash -in-Transit (State) Award, published 4 April 2003 (339 I.G.
63), as varied - clause 38, Area, Incidence and Duration.
5. Transport
Industry - Mixed Enterprises Interim (State) Award, published 23 November 2001
(329 I.G. 748), as varied - clause 5, Area, Incidence and Duration.
6. Motor Bus
Drivers and Conductors (State) Award, published 16 November 2001 (329 I.G.
661), as varied - clause 44, Area, Incidence and Duration.
7. Transport Industry
- Petroleum, &c., Distribution (State) Award, published 24 August 2001 (327
I.G. 62), as varied - clause 5, Area, Incidence and Duration.
8. Transport
Industry - Quarried Materials (State) Award, published 24 August 2001 (327 I.G.
39), as varied - clause 5, Area, Incidence and Duration.
9. Transport
Industry - Waste Collection and Recycling (State) Award, published 19 December
2003 (342 I.G. 447), as varied - clause 38, Area, Incidence and Duration.
10. Transport Industry
- Tourist and Service Coach Drivers (State) Award, published 18 August 2000
(317 I.G. 1079), as varied - clause 34, Area, Incidence and Duration.
11. Transport
Industry - Trade Waste (State) Award, published 14 December 2001 (330 I.G.
299), as varied - clause 38, Area, Incidence and Duration.
12. Transport
Industry - Wholesale Butchers (State) Award 2000, published 11 May 2001 (324
I.G. 722), as varied - clause 4, Area, Incidence and Duration.
13. Transport
Industry - Wood and Coal (State) Award, published 23 November 2001 (329 I.G.
791), as varied - clause 4, Area, Incidence and Duration.
14. Heggies Bulkhaul
Limited Bulk Haulage Enterprise Consolidated Award, published 14 June 2002 (334
I.G. 409), as varied - clause 45, Area, Incidence and Duration.
(ii) In respect to
employers who employ 15 or more employees immediately prior to the termination
of employment of employees, in the terms of Clause 6, Termination of
Employment.
(iii) Notwithstanding
anything contained elsewhere in this award, this award shall not apply to
employees with less than one year's continuous service, and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this award, this award shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
4. Introduction of
Change
(i) Employers
Duty to Notify
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employers workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where the award specified in subclause
(i) of clause 3, Application, makes provision for alteration, it shall be
deemed not to have significant effect.
(ii) Employer's
Duty to Discuss Change
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in subclause (i) of
this clause, the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(b) The discussions
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in subclause (i) of this
clause.
(c) For the purpose
of such discussions, the employer shall provide to the employees concerned and
the union to which they belong all relevant information about the changes,
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees, provided
that any employer shall not be required to disclose confidential information
the disclosure of which would adversely affect the employer.
5. Redundancy
(i) Discussions
Before Terminations
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to paragraph (a) of
subclause (i) of Clause 4, Introduction of Change, and that decision may lead
to the termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
(b) The discussions
shall take place as soon as practicable after the employer has made a definite
decision which will invoke the provision of subclause (a) of this clause and
shall cover, inter alia, any reasons for the proposed terminations, measures to
avoid or minimise the measures to mitigate any adverse effects of any
termination on the employees concerned.
(c) For the purposes
of the discussion the employer shall, as soon as practicable, provide to the
employees concerned and the union to which they belong all relevant information
about the proposed terminations, the number and categories of employees likely
to be affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out.
Provided that any employer shall not be required to
disclose confidential information, the disclosure of which would adversely
affect the employer.
6. Termination of
Employment
(i) Notice of
changes in production, program, organisation or structure - This subclause sets
out the notice provisions to be applied to terminations by the employer for
reasons arising from production, program, organisation or structure in
accordance with paragraph (a) of subclause (i) of clause 4, Introduction of
Change.
(a) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of
continuous service
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Period of Notice
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Less than 1 year
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1 week
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1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of notice,
with not less than two years continuous service, shall be entitled to an
additional week's notice.
(c) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(ii) Notice for
technological change - This subclause sets out the notice to be applied to
terminations by the employer for reasons arising from technology in accordance
with paragraph (a) of subclause (i) of the said clause 4.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee 3 months’ notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955, the
Annual Holidays Act 1944, or any Act amending or replacing either of these
Acts.
(iii) Time off
during the notice period -
(a) During the period
of notice of termination given by the employer, an employee shall be allowed up
to one day's time off without loss of pay during each week of notice, to a
maximum of five weeks, for the purposes of seeking other employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) Employee
leaving during the notice period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
to which the employee would have been entitled had the employee remained with
the employer until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled
to payment in lieu of notice.
(v) Statement of
employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify the Centrelink thereof, as soon as possible giving
relevant information, including the number of categories of the employees
likely to be affected and the period over which the terminations are intended
to be carried out.
(vii) Centrelink
Employment Separation Certificate - The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide to the
employee an "Employment Separation Certificate" in the form required
by the Centrelink.
(viii) Transfer to
lower paid duties - Where an employee is transferred to lower-paid duties for
reasons set out in subclause (i) of the said Clause 4, the employee shall be
entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee's employment had been terminated, and the
employer may, at the employer's option, make payment in lieu thereof of an
amount equal to the difference between the former ordinary-time rate of pay and
the new ordinary time rates for the number of weeks of notice still owing.
7. Severance Pay
(i) Where an
employee is to be terminated pursuant to clause 6, Termination of Employment,
of this award, subject to further order of the Industrial Relations Commission
of New South Wales, the employer shall pay the employee the following severance
pay in respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
|
Under 45 Years of
Age Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an employee
is 45 years old or over, the entitlement shall be in accordance with the
following scale:
Years of Service
|
45 Years of Age and
Over Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(c) "Weeks
pay" means the all purpose rate for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over
award payments, shift penalties and allowances paid in accordance with the
relevant clauses of the awards listed in clause 10, Area, Incidence and
Duration.
(ii) Incapacity to
pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in subclause (i) of this clause.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in subclause (i) of
this clause will have on the employer.
(iii) Alternative
employment - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in subclause (i) of this clause if
the employer obtains acceptable alternative employment for an employee.
(iv) "TNT Australia Pty Ltd is exempted
from any obligation to make severance payments under clause 7, Severance Pay,
of this award as a result of the de-merger of the TNT Logistics business
(including TNT Automotive Logistics)."
This exemption
applies in respect of any employee of TNT Australia Pty Ltd who is offered
employment with TNT Logistics (Australia) Pty Ltd as a result of the de-merger,
provided that in respect of any particular employee, the employee's
entitlements upon commencement with TNT Logistics (Australia) Pty Ltd are
unchanged and TNT Logistics (Australia) Pty Ltd recognises the employee's
period of service with TNT Australia Pty Ltd.
(v) McPhee Transport Pty Ltd is exempt from
any obligation to make severance payments under clause 7 - severance pay of
this award arising out of the progressive merger of the operations of that
company with TNT Australia Pty Ltd trading as "TNT Express" with
respect to any employee of McPhee Transport Pty Ltd who:
1. Who is offered employment with TNT
Australia Pty Ltd to commence immediately upon the cessation of employment with
McPhee Transport Pty Ltd.
2. The work to be performed under the employment
so offered is the same as was previously performed under substantially the same
working conditions.
3. The employee will be afforded in all
respects the same remuneration as if he or she had continued to be employed by
McPhee Transport Pty Ltd.
4. All and any entitlements, whether
statutory, contractual or arising under any industrial instrument and whether
contingent or vested will be preserved and continue to be applied to the
employee as if he or she had been employed by TNT Australia Pty Ltd throughout
the whole of his or her period of employment with McPhee Transport Pty Ltd,
including superannuation entitlements.
8. Grievance and
Dispute Resolution Procedures
(i) Procedures
Relating to Grievances of Individual Employees
(a) The employee is
required to notify the employer (in writing or otherwise) as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(b) A grievance must
initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussions, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(ii) Procedures
Relating to Disputes etc. between Employers and their Employees
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as possible,
with graduated steps for further discussion and resolution at higher levels of
authority.
(b) Reasonable time
limits be allowed for discussion at each level of authority.
(c) The employer may
be represented by an industrial organisation of employers and the employee may
be represented by an industrial organisation of employees for the purposes of
each procedure
9.
Anti-Discrimination
(i) 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 and age.
(ii) 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.
(iii) 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.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) 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
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
(v) 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.
10. Saving Clause
Nothing in this award shall be construed so as to
require the reduction or alteration of more advantageous benefits or conditions
which an employee may be entitled to under any existing redundancy arrangement,
taken as a whole, between the industrial organisation of employees and any
employer bound by this award.
11. Area, Incidence
and Duration
This award rescinds and replaces the Transport Industry
- Redundancy (State) Award published 7 April 1995 (284 I.G. 1395).
The area and incidence of this Award shall be the same
as prescribed by the specified clauses of the specified awards in clause 3,
Application, of the award, or in the equivalent clauses in any award rescinding
or replacing those awards.
This award shall take effect on 28 April 2000 and shall
remain in force for a period of 12 months.
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 31 July 2007.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
____________________
Printed by
the authority of the Industrial Registrar.