SECURITY 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)

 

 

VARIATION

 

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

 

 

Table 2 - Other Rates and Allowances

 

Item	Clause	Brief Description	Rate per Week from the	Rate per Shift
No.	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.

 

 

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Printed by the authority of the Industrial Registrar.