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New South Wales Industrial Relations Commission
(Industrial Gazette)




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Transport Industry - Redundancy (State) Award
  
Date01/27/2012
Volume372
Part1
Page No.847
DescriptionAR - Award Reprint (Consolidation)
Publication No.C7739
CategoryAward
Award Code 5023  
Date Posted01/25/2012

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(5023)

(5023)

SERIAL C7739

 

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

Award/

Date of

Date of Taking Effect

Industrial Gazette

 

Variation

Publication

 

 

 

Serial No.

 

 

 

 

 

 

 

Vol.

Page

Award

B9293

08/09/2000

On 28/04/2000

318

458

7(iv)

C1587

06/12/2002

On and from 30/08/2002

337

349

3, 11

C2673

30/07/2004

On 19/03/2004

345

606

7

C3245

21/01/2005

On and from 10/09/2004

348

130

11

C6103

08/02/2008

On and from 31/07/2007

364

1166

 

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

Period of Notice

Less than 1 year

1 week

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.

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