Vol. 345, Part 3 9 July 2004 Pages 200 - 303
NEW SOUTH WALES
INDUSTRIAL GAZETTE
Printed by the authority of the
Industrial Registrar
50 Phillip Street, Sydney, N.S.W.
ISSN 0028-677X
CONTENTS
Vol. 345, Part 3 9 July 2004
Pages 200 - 303
Page
Awards and Determinations -
Awards Made or Varied -
Bluescope Steel Port Kembla Operations Interim Award 2004 / (VIRC) / 297Boral Dunmore Quarry (State) / (AIRC) / 236
Crown Employees (Transport Drivers, &c.) / (RIRC) / 211
CSR Limited trading as The Readymix Group - Country Division South Coast Transport Enterprise Arrangement No.2 (State) Award 1995 / (RIRC) / 207
Fire Brigade (Maintenance, Construction and Miscellaneous Staff) / (RVIRC) / 271
Forstafff - NUW Consent Award 2003 / (AIRC) / 231
Innoxa Pty Limited Consent Award 1997 / (RVIRC) / 267
Journalists. etc. (Australian Consumers Association Limited) Award 1995 / (RVIRC) / 269
Miscellaneous Workers' - Independent Schools and Colleges, &c. (State) / (VSW) / 204
Public Hospitals Dental Staff (State) / (RVIRC) / 268
Rinker Group t/a Readymix Holdings Pty Ltd Taree Transport Enterprise Bargaining Framework (State) Award 2003 / (RIRC) / 219
Security Industry (State) Award / (VSW) / 200
Sydney Aquatic Centre and Sydney Athletics Centre (State) Award 2002 / (VIRC) / 298
Obsolete Awards -
Crown Employees (Safety Inspectors - Workcover Authority) / 301Enterprise Agreements Approved by the Industrial Relations Commission / 302
Contract Agreements Approved by the Industrial Relations Commission / 303
N.S.W. INDUSTRIAL GAZETTE - Vol. 345 9 July 2004
(218) / SERIAL C2559SECURITY INDUSTRY (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.
(No. IRC 7228 of 2003)
Before Commissioner Connor / 19 and 25 February 2004VARIATION
1. Insert in numerical order in clause 2, Arrangement, of the award published 2 November 2001 (329 I.G. 1), the following new clause number and subject matter:
30A. Union Dues
2. Delete clause 9, Safety Net Adjustments, and insert in lieu thereof the following:
9. Safety Net Adjustments
The rates of pay in this award include the adjustments payable under the State Wage Case of 2003. These adjustments may be offset against:
(i) any equivalent overaward payment; and/or
(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.
3. Insert a new subclause 12.9 in clause 12, Additional Rates.
12.9 Aviation Allowance: An allowance of $0.97 per hour worked shall be payable to employees engaged in Aviation Security at the Sydney International and Domestic Terminals, Qantas Jetbase on Sydney Airport; or any facility within the Sydney Airport Corporation Limited (SACL) Boundary.
For the purpose of this subclause, Aviation Security means the provision of security services including, but not limited to, passenger, goods and/or baggage security including checked baggage screening services, control room functions, guarding and controlling access to designated areas, and general security of persons, property and buildings.
Note: Aviation Security does not include traffic control (including kerbside traffic management), car parking service, or any other functions for which a valid security license is not required."
4. Insert a new subclause 20.6 in clause 20, Overtime.
20.6
(a) Subject to paragraph (b), an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.
(b) 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.
(c) For the purposes of paragraph (b), what is unreasonable or otherwise will be determined having regard to:
(1) any risk to employee health and safety;
(2) the employee’s personal circumstances including any family and carers responsibilities;
(3) the needs of the workplace or enterprise;
(4) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(5) any other relevant matter.
5. Insert after clause 30, Attendance at Repatriation Centres, of the award, the following new clause 30A, Union Dues:
30A. Union Dues
(i) The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:
(a) the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;
(b) 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;
(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; and
(d) there shall be no requirement to make deductions for casual employees with less than two months’ service (continuous or otherwise).
(ii) 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 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.
(iii) 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 subscription to employees’ membership accounts, provided that:
(a) 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
(b) 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.
(iv) 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.
(v) 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 or monthly as the case may be. The Union shall give the employer a minimum of two months’ notice of any such change.
(vi) An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.
(vii) Where an employee who is a member of the Union and who 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."
(viii)
(a) 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 19 February 2004;
(b) In the case of employers who do not fall within sub-paragraph (i) 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 19 May 2004;
(c) For all other employers, from the beginning of the first pay period to commence on or after 19 August 2004.
6. Delete Part B, Monetary Rates, of the award and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Rates Of Pay Per 38-Hour Week
Rate of pay at first pay period on or after 19Classification / February 2004
$
Grade 1 / 527.50
Grade 2 / 545.80
Grade 3 / 557.10
Grade 4 / 568.30
Grade 5 / 590.50
Table 2 - Other Rates and Allowances
Item / Clause / Brief Description / Rate per Week from the / Rate per ShiftNo. / No. / first pay period to / from the first pay
commence on or after / period to commence
19 February 2004 / on or after
19 February 2004
$ / $
12.1 / Leading Hand Allowance / Casuals only
1 / up to 5 employees / 23.11 / 4.62
2 / 6 to 10 employees / 26.22 / 5.23
3 / 11 to 15 employees / 34.29 / 6.85
4 / 16 to 20 employees / 39.56 / 7.90
5 / ` / Over 20 employees / 39.56 / 7.90
6 / for each employee exceeding
20, extra / 0.61 / 0.13
7 / 12.2 / Relieving Officer / 23.09
12.3 / First Aid Allowance / Casuals only
8 / Industrial / 13.03 / 2.60
9 / 12.4 / Gun Allowance / 8.98 / 1.77
10 / 12.5 / Locomotion Allowance
11 / Motor Vehicle/cycle / 23.42
12 / Bicycle / 2.46
13 / 12.6 / Meal Allowance / 6.93
14 / 12.7 / Fares Allowance / 6.00
15 / 12.8 / Overnight Meal Allowance / 56.48
16 / 12.9 / Aviation Allowance / 0.97 / 0.97
7. The variation with respect to Safety Net Adjustments, Union Dues, and Aviation Allowance shall operate from the beginning of the first pay period to commence on or after 19 February 2004.
8. The variation with respect to overtime shall operate from the beginning of the first pay period to commence on or after 25 February 2004.
P. J. CONNOR, Commissioner.
______
Printed by the authority of the Industrial Registrar.
(481) / SERIAL C2174MISCELLANEOUS WORKERS' - INDEPENDENT SCHOOLS AND COLLEGES, &c. (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.
(No. IRC 3726 of 2003)
Before Commissioner Ritchie / 27 August 2003VARIATION
1. Insert after subclause (vii) of Clause 11, Overtime of the award published 4 May 2001 (324 I.G. 579), the following new subclause:
(viii)
(a) Subject to subclause (b), an employer may require an employee to work reasonable overtime at overtime rates, or as otherwise provided for in this Award.
(b) 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.
(c) For the purposes of subclause (b), what is unreasonable or otherwise will be determined having regard to:
(1) any risk to employee health and safety;
(2) the employee's personal circumstances including any family and carer's responsibilities;
(3) the needs of the workplace or enterprise;
(4) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(5) any other relevant matter.
2. Delete subclause (v) of clause 13, Wages and Classification Structure, and insert in lieu thereof the following:
(v) The rates of pay in this award include the adjustments payable under the State Wage Case 2003. These adjustments may be offset against:
(a) Any equivalent over award payments.
(b) Award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rate adjustments.
3. Delete Table 1 - Wage Rates, and Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, and insert in lieu thereof the following:
Table 1 - Wage Rates
Classification / Former Rate / State Wage Case 2003 / New Total RatePer Week / Per Week / Per Week
$ / $ / $
Level 1 / 469.60 / 17.00 / 486.60
Level 2 / 481.90 / 17.00 / 498.90
Level 3 / 493.70 / 17.00 / 510.70
Level 4 / 514.40 / 17.00 / 531.40
Level 5 / 552.30 / 17.00 / 569.30
Level 6 / 574.70 / 17.00 / 591.70
Table 2 - Other Rates and Allowances
Item No / Clause No / Brief Description / Amount$
1 / 11(v)(a) / Meal Allowance - Overtime
and (b) / First Meal / 7.70
Second and subsequent meals / 7.70
2 / 15(i) / Toilet Cleaning / 6.98 per week
3 / 15(ii) / Leading Hands in Charge of: / Per Week
1-5 employees / 17.69
6-10 employees / 22.00
11-15 employees / 29.56
16-20 employees / 35.73
Over 20 employees / 35.73
Each extra employee over 20 employees / 50 cents
4 / 15(iii) / First Aid Allowance / 10.61 per week
2.12 per day
5 / 15 (iv)(a) / Uniforms - Laundering Allowances / 6.03 per week
and (b) / Uniforms / 1.20 per shift
Aprons / 2.68 per week
Chefs Overalls Trousers / 8.24 per week
6 / 15(v) / Qualification Allowance / 14.40 per week
Cleaning Supervisor's Course / 2.88 per day
7 / 15(viii) / Refuse Disposal - Cleaners / 75 cents per hour
Maximum
15.17 per week
8 / 15(ix) / Multi-purpose Machines- Cleaners / 1.92 per shift
9 / 15(x) / Locomotion allowance - General Service Employees
Stream
Employee providing own vehicle / 20.20 per shift
plus fuel
Employee providing own bicycle / 1.83 per shift
10 / 16(i)(a) / Broken Shift Allowance
16(i)(b) / (a) Three shifts per day / 7.42 per day
16(i)(c) / (b) Two shifts per day / 3.40 per day
11 / 16(i)(c) / Excess Fares Allowances / 6.96 per week
12 / 33(ii) / Tool Allowance -
Apprentice Cooks - where tools not supplied / 0.73 per week
4. This variation shall take effect from the first full pay period to commence on or after 7 September 2003 and remain in force for a period of 12 months thereafter.