Electrical,
Electronic and Communications Contracting Industry (State) Award
INDUSTRIAL RELATIONS COMMISSION
OF NEW SOUTH WALES
Application by The
Electrical Contractors' Association of New South Wales, Industrial
Organisation of Employers.
(No. IRC 127 of 2004)
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Before The Honourable
Justice Staunton
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20 March 2006
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VARIATION
1. Delete paragraph
11.4.12 of clause 11, Redundancy and Technological Change of the award
published 17 March 2006 (358 I.G. 1) and insert after paragraph 11.4.9, Severance Pay, the
following:
11.4.9A Funding
Severance Pay
11.4.9A.1 An
employer bound by this award may utilise a fund to meet all or some of the
liabilities created by clause 11.4.9. Where an employer utilises such a fund,
the employer shall be required to make contributions to the fund of the amount
notified to the trustee of the fund, or if no amount is notified, at the rate
set by the trustee of the fund from time to time in respect of those employees
covered by this clause and for the period the employer so remains in the fund.
11.4.9A.1.1 payments
made by a fund designed to meet an employer’s liabilities under this clause, to
employees eligible for redundancy/severance pay, shall be set off against the
liability of the employer under this clause, and the employee shall receive the
fund payment or the award benefit whichever is the greater, but not both; or
11.4.9A.1.2 where a
fund, which has been established pursuant to an agreement between the union and
employer(s), does not make payments in accordance with the other provisions of
this clause, but makes payments that are greater than the obligation elsewhere
in this clause, contributions made by an employer on behalf of an employee to
the fund shall, to the extent of those contributions, be set off against the
liability of the employer elsewhere under this clause, and payments to the
employee shall be made in accordance with the rules of the fund or any
agreement relating thereto and the employee shall be entitled to the fund
benefit or the benefit elsewhere in this clause, whichever is greater, but not
both.
11.4.9A.2 Nothing
in subclause 11.4.9A.1 shall be construed so as to reduce or remove the
severance payment an employee would be entitled to receive pursuant to this
Award.
11.4.9A.3 Nothing
in subclause 11.4.9A.1 shall be construed so as to reduce or remove the fund
benefits an employee would be entitled to receive from a fund which are greater
than the severance payment an employee would be entitled to receive pursuant to
the other provisions of this Award.
11.4.9A.4 Nothing
in this clause shall be construed so as to create more than one entitlement to
a severance payment for the same service pursuant to this Award.
2. This
variation shall take effect from 20 March 2006.
P. J. STAUNTON J.
____________________
Printed by
the authority of the Industrial Registrar.