BREAD 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 3422 of 2003)
Before Commissioner
Macdonald
|
14 and 18 July 2003
|
VARIATION
1. Insert in
numerical order in the Arrangement of the award published 20 October 2000 (319 I.G.
505) the following new clause number and subject matter:
9A. Union Dues
2. Delete
paragraph (b) of subclause (i) of clause 4, Rates of Pay and Allowances, and
insert in lieu thereof the following:
(b) The rates of
pay in this award include the adjustments payable under the State Wage Case
2003. These adjustments may be offset
against:
(1) any equivalent
over-award payments; and/or
(2) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
3. Insert after
subclause (iii) of clause 8, Overtime, the following new subclause:
(iv)
(a) Subject to
paragraph (b) of this subclause, an employer may require an employee to work
reasonable overtime at overtime rates.
(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 the said 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 carer 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.
4. Insert after
clause 9, Payment of Wages, the following new clause:
9A. 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
subscriptions 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 the
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, monthly or quarterly, 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 has 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.
(vii) The above
variations shall take effect:
(i) In the case
of employers who 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 9 August 2003.
(ii) In the case
of employers who do not fall within subparagraph (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 9 November 2003.
(iii) For all other
employers, from the beginning of the first pay period to commence on or after 9
February 2004.
5. Delete Part
B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Wages
Classification
|
Former Rate
|
SWC
|
Total Rate
|
|
per Week
|
2003
|
per Week
|
|
$
|
$
|
$
|
Bread Industry Employee Level 1
|
605.70
|
17.00
|
622.70
|
Bread Industry Employee Level 2
|
564.20
|
17.00
|
581.20
|
Bread Industry Employee Level 3
|
542.50
|
17.00
|
559.50
|
Bread Industry Employee Level 4
|
508.10
|
17.00
|
525.10
|
Bread Industry Employee Level 5
|
486.50
|
17.00
|
503.50
|
Bread Industry Employee Level 6
|
463.60
|
17.00
|
480.60
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount Payable
|
|
|
|
$
|
1
|
2(v)(b)
|
Apprentices' Allowance: Stage 1 pass
|
5.20 per week
|
|
4(vi)(g)(i)
|
|
|
2
|
2(v)(c)
|
Apprentices' Allowance: Completion of course
|
14.70 per week
|
|
4(vi)(g)(ii)
|
|
|
3
|
4(vi)(a)(1)
|
Leading Operator: More than 4 employees
|
26.80 per week
|
4
|
4(vi)(a)(2)
|
Leading Operator: Up to four employees
|
13.50 per week
|
5
|
4(vi)(b)
|
Heavy Vehicle Driving Allowance:
|
|
5.1
|
4(vi)(b)(1)
|
Over 3 and up to 4.5 tonnes
|
3.40 per week
|
5.2
|
4(vi)(b)(2)
|
Over 4.5 tonnes and up to 14.95 tonnes
|
26.70 per week
|
5.3
|
4(vi)(b)(3)
|
Over 14.95 tonnes
|
35.30 per week
|
5.4
|
4(vi)(b)(4)
|
Semi-trailer
|
63.50 per week
|
6
|
4(vi)(c)
|
Merchandiser Allowance:
|
|
6.1
|
|
Flat amount
|
14.00 per day
|
6.2
|
|
Variable amount
|
28 cents per km
|
7
|
4(vi)(d)
|
First-aid Allowance
|
12.00 per week
|
8
|
4(vi)(e)
|
Boiler Allowance
|
11.60 per week
|
9
|
4(vi)(f)
|
Meal Allowance
|
10.00 per meal
|
6. This
variation shall take effect on and from the first full pay period to commence
on or after 9 August 2003.
A. W. MACDONALD, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.