BREAD VENDORS (TIP TOP BAKERIES - COUNTRY) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5690 of 2003)
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Before Commissioner
Tabbaa
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10 March 2004
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REVIEWED AWARD
1. Insert in
clause 1, Arrangement of the award published 10 March 2000 (314 I.G. 871) the
following new clause number and subject matter:
26. Union Dues
2. Delete the
first paragraph in clause 2, Definitions, and insert in lieu thereof the
following:
In this award -
"Award rate" means the amount payable to a Baking
Industry Employee Level 3 under the LHMU and Tip Top Bakeries (NSW) Enterprise
Award published 26 July 2002 (335 I.G. 463) and any successor Award.
3. Insert after
clause 25, Notices, the following new clause:
26. Union Dues
26.1 The company
shall deduct Union membership fees (not including fines or levies) from the pay
of any vendor, provided that:
(a) the vendor has
authorised the company to make such deductions in accordance with subclause
26.2 herein;
(b) the Union
shall advise the company of the amount to be deducted for each pay period
applying at the company'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 vendor; and
(d) there shall be
no requirement to make deductions for casual vendors with less than two months'
service (continuous or otherwise).
26.2 The vendor'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 company to
deduct. Where the vendor passes any
such written authorisation to the Union, the Union shall not pass the written
authorisation on to the company without first obtaining the vendor's consent to
do so. Such consent may form part of
the written authorisation.
26.3 Monies so
deducted from vendors' pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the company's election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to vendors' membership accounts.
26.4 Where the vendor
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 vendor to make a fresh authorisation in order for such
deductions to commence or continue.
26.5 The Union shall
advise the company 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 company a minimum of two months' notice of any
such change.
26.6 A vendor may at
any time revoke in writing an authorisation to the company to make payroll
deductions of Union membership fees.
26.7 Where a vendor
who is a member of the Union and who has authorised the company 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 vendor in
writing of the need to revoke the authorisation to the company in order for
payroll deductions of union membership fees to cease.
4. The changes
made to the award pursuant to the Award Review under 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 10 March 2004.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
I. TABBAA, Commissioner.
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Printed by
the authority of the Industrial Registrar.