CASH TRANSPORTATION
(NON-ARMOURED VEHICLES) INTERIM AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Transport Workers'
Union of Australia, New South Wales Branch, industrial organisation of
employees.
(No. IRC 4296 of 2001)
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Before The Honourable Justice Marks
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21 September and 6 and 26 November 2001
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AWARD
1. Award Title
This award shall be known as the Cash Transportation
(Non-Armoured Vehicles) Interim Award
2. Arrangement
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1.
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Award Title
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2.
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Arrangement
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3.
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Area Incidence And Duration
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4.
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Definitions
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5.
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Security Assessments and Dispute Resolution Procedure
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6.
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Safe Operating Procedures
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7.
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Personal Safety Equipment
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8.
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Vehicle Safety Features
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9.
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Cash Limits
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10.
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Financial Institutions
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11.
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ATM Work
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12.
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Chain of Responsibility
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13.
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Training
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14.
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Anti-Discrimination
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15.
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Relationship to Other Awards
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16.
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Interim Award Only
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Schedule 1
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Schedule 2
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3. Area, Incidence and Duration
3.1 This award
shall apply to employees and deemed employees whose work involves, includes or
is in connection with the transportation by road of cash (as defined in clause 4)
by means of non-armoured vehicles and who are employed by employers whose
business functions include the transportation of cash by contract or
arrangement with or on behalf of other persons, businesses or entities. This award will also apply to ATM work (as
defined in clause 4). However, this award will not apply to work performed
where cash (as defined) is collected and transported, in an incidental and
ancillary way, as part the function of distributing and delivering goods, those
goods not being cash (as defined).
3.2 This award
shall apply throughout the State of New South Wales.
3.3 This award
shall come into effect on 26 November 2001 and shall remain in force thereafter
for a period of twelve months, unless earlier varied or rescinded.
4. Definitions
4.1 "Cash"
shall mean cash (other than coin), securities and other financial instruments
(other than executed non-negotiable cheques and executed bank cheques), jewels
and gold.
4.2 "Commission"
means the Industrial Relations Commission of New South Wales.
4.3 "Financial
Institution" shall mean a bank, building society or credit union.
4.4 "ATM
Work" shall mean work performed in relation to the servicing or
maintenance of Automatic Teller Machines or equivalent technology, save for
where the servicing or maintenance of such equipment does not require the
exposure of cash during the operation.
5. Security Assessments and Dispute Resolution
Procedure
5.1 Before any
work is performed transporting cash to and/or from a particular site by means
of a non-armoured vehicle by any employee, the employer must arrange for a
security assessment in relation to that site to be carried out by an
appropriately qualified person.
5.2 Such a
security assessment must have as its fundamental consideration whether it is
safe in all the circumstances for cash to be transported to and/or from that
site by means of a non-armoured vehicle rather than an armoured vehicle and
shall address, inter alia, the following matters:
5.2.1 Whether the
operation should be overt or covert (with a covert operation not involving the
wearing of uniforms).
5.2.2 Whether, if the
operation is to be covert, the employees involved should carry firearms.
5.2.3 Whether the job
should be performed by one, two or more persons.
5.2.4 Whether the
work to be performed is best suited to be performed at a particular time of the
day or within a particular period of time, and if so what that time of the day
or period of time is (on the basis that ordinarily the work will be routinely
varied and not performed at a fixed time).
5.2.5 Whether parking
is available or should by necessity be available in close proximity to the
pick-up/delivery point.
5.2.6 Whether patrol
and other security work should be performed together with work covered by this
award.
5.3. Each site
should be reviewed regularly, and in any event at least every twelve months and
should be re-assessed after any security incident occurs or in the event of
material changes to the circumstances of the site.
5.4 The employer
must immediately supply affected employees with the results of any security
assessment, review or re-assessment and where affected employees believe that
the results of a security assessment or review are inconsistent with the safe
performance of work, the employee or his/her Union must advise the employer
forthwith. When the employer is so
advised:
5.4.1 The employer
shall consult with employees about the matter.
5.4.2 If the matter
remains unresolved, there shall be consultations between senior officials of
the relevant union and senior management of the employer.
5.4.3 If the matter
remains unresolved, the matter shall be referred to the Commission for
resolution.
The work the subject of the security assessment shall
not be carried out in a non-armoured vehicle until the above procedure is
followed to completion except where an interim agreement addressing the
issue(s) in dispute is reached.
5.5 Where, at the
commencement date of this award, sites have already been the subject of
security assessments in a manner consistent with the provisions of this clause,
then work in relation to those sites may continue provided that the other
provisions of this award are complied with.
5.6 Employees
performing work in relation to a site must have, on request, access at the
employer’s base to any security assessment relating to that site.
5.7 The employer
must brief each employee as to the contents of the security assessment applying
to a site when each employee first begins to perform work in relation to that
site and at regular intervals thereafter.
5.8 Each employee
must at any time be able to access information contained in a security
assessment from the vehicle driven by the employee by way of the back-to-base
radio or the mobile phone or, in the case where such means are
non-communicative, by such other industry approved equipment which provides
such a communicative link.
5.9 For the
purposes of this clause, an "appropriately qualified person" shall
mean a person holding a class 2A licence under the Security Industry Act
1997.
5.10 The procedures
set out in clause 5.4 apply to every employer bound by this award irrespective
of the number of persons employed by the employer.
6. Safe Operating Procedures
6.1 The employer must
have in place written safe operating procedures in respect of work which falls
within the scope of this award that are consistent with the employer's security
assessments and which address the following matters:
6.1.1 The clear
definition of the roles and duties of employees (e.g. whether acting as escorts
or guards).
6.1.2 The description
of sites by code rather than name.
6.1.3 Routine
variation in delivery/pick-up times and routes.
6.1.4 Notification of
arrival and departure at each site.
6.1.5 Identification
of radio reception "blackspots" and the implementation of alternative
means of communication.
6.1.6 Pre-departure
checklists and appropriate and regular testing of all safety features.
6.1.7 Hazard and
incident reporting procedures.
6.1.8 Emergency
procedures to apply in event of robbery, assault, vehicles accident, or vehicle
or equipment breakdown.
6.1.9 Regular
monitoring and review of procedures, incorporating hazard and incident reports
from the employer, clients and Police.
6.2 All work must
be performed in accordance with the relevant security assessments (subject to
clause 5.4) and the safe operating procedures.
6.3 Employees
performing work under this award must have access to the employer’s safe
operating procedures at the employer’s base.
6.4 The employer
must ensure that all employees are regularly briefed in its safe operating
procedures.
6.5 Each employee
must at any time be able to access information contained in the safe operating procedures
from the vehicle driven by the employee by way of the back-to-base radio or the
mobile phone or, in the case where such means are non-communicative, by such
other industry approved equipment which provides such a communicative link.
7. Personal Safety Equipment
Employers shall supply, and employees shall carry/wear, the
following:
7.1 Firearms in a
holster with a locking strap in the case of overt operations, or as required by
a security assessment in the case of a covert operation;
7.2 Back-to-base
communication equipment;
7.3 Personal
duress alarms.
8. Vehicle Safety Features
8.1 Where any
non-armoured vehicle is used to perform work covered by this award, it shall be
fitted with the following equipment:
8.1.1 A drop-safe
which is secured to the interior of the vehicle.
8.1.2 Back-to-base
radio with override button for use in an emergency.
8.1.2 Hands-free
mobile phone.
8.1.4 Permanent (not
magnetic) signage where the vehicle is used for overt work.
8.1.5 Duress alarm
with back-to-base alert.
8.1.6 Remotely
activated central locking.
8.2 Vehicles
used in covert work shall not bear any markings.
9. Cash Limits
9.1 Notwithstanding
anything contained in this or any other award, employees performing any work covered
by this award in the urban and demographic areas identified in Schedule 1 shall
not carry cash in excess of, or with a value in excess of, the amounts
specified in Schedule 2.
9.2 An employer
bound by this award may make a confidential application to the Commission to
vary the amounts specified in schedule 2 with respect to work carried out by
direct employees of the employer. The
employer:
9.2.1 shall serve the
application on the Transport Workers' Union of Australia, New South Wales
Branch (where the work in respect of which the application is made is the
substantial part of the duties of the employees who perform such work) or the
Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales
Branch (where the work in respect of which the application is made is not the
substantial part of the duties of the employees who perform such work) and the
WorkCover Authority, each of which shall have the opportunity to call evidence
and make submissions to the Commission about the matter;
9.2.2 must establish
to the satisfaction of the Commission that there is no detriment to the safety
of its employees performing the work by varying the cash limits.
Where the employer can demonstrate a capacity to
perform work safely with higher limits, the Commission, taking into account all
relevant circumstances, may approve and grant the employer a variation to
schedule 2.
9.3 The contents
of Schedule 2 shall be kept confidential and must not be published or
disseminated by any person for any reason or purpose other than in connection
with the operation of business activities covered by this award. A breach of this clause shall ipso facto be
a breach of this award. The provisions of this clause are intended to apply to
all persons and entities whether or not bound by this award, to the extent
possible in law.
9.4 On application
to the Industrial Registrar, the contents of Schedule 2 may be disclosed to an
authorised representative of the Transport Workers’ Union of Australia, New
South Wales Branch, Australian Liquor, Hospitality and Miscellaneous Workers
Union, New South Wales Branch, or any person or entity who satisfies the
Industrial Registrar that he, she or it has established or is genuinely trying
to establish a business the activities of which will be regulated wholly or in
part by this award. Disclosure may also
be made to a duly authorised representative of the Department of Industrial
Relations or the WorkCover Authority.
10. Financial Institutions
Notwithstanding anything contained in this or any other
award, an employer shall not transport any cash for or on behalf of a financial
institution by means of a non-armoured vehicle to or from the premises of a
financial institution.
11. ATM Work
11.1 ATM work, where
performed within the urban or demographic areas set out in schedule 1, is to be
performed by no less than 2 employees attending in a non-armoured vehicle
subject to the employer having satisfied the requirements set out under this
award eg. Security assessments.
11.2 Vehicle Safety
Features as required by clause 8 of this award do not apply in relation to ATM
work which does not involve the actual transportation of cash.
12. Chain of Responsibility
12.1 An employer may,
under certain circumstances set out below, give out work covered by this award
to:
12.1.1 another
employer, whose employees will carry out all of the work so given;
12.1.2 another
employer, whose employees will not carry out any or all of the work so given;
12.1.3 another entity
that does not engage employees which will not carry out any or all of the work
so given;
12.1.4 another person
or other persons, who alone will personally carry out all of the work so given;
12.1.5 another person
or other persons, who will not personally carry out any or all of the work so
given.
12.2 An employer
must not give out work covered by this award to that other employer, entity or
person(s) (as provided in clauses 12.1.1 to 12.1.5) unless the employer giving
out the work makes a record in writing of the following details:
12.2.1 The name of the
other employer (or the other entity or person(s)) to whom the work is given and
the Australian Business Number and/or Australian Company Number of the other
employer (or the other entity or person(s)) to whom the work is given.
12.2.2 The address of
the other employer (or the other entity or person(s)) to whom the work is
given.
12.2.3 The date of
giving out the work and the date for completion or cessation of the contract or
arrangement under which the work is performed.
12.2.4 A description of
the nature of the work to be performed, in particular the destination from
which the cash and valuables are to be transported and the destination to which
the cash and valuables are to be transported and the value of the cash and
valuables to be transported.
Where an employer gives out work to more than one
employer, entity or person(s), the employer must keep an up to date
consolidated list of those employers, entities or persons which contains all of
the information required to be kept by this subclause.
12.3 Where the work
is given out to an employer whose employees will not carry out any or all of
the work (as provided in clause 12.1.2) a copy of any record kept in accordance
with clause 12.2 shall be given to each person who performs part or all of the
work given out, unless the person who performs part or all of the work given
out is an employee of the employer or person who has been given the work as
provided in clause 12.1.2.
12.4 Where the work
is given out to another entity or person(s) who will not carry out any or all
of the work (as provided in clauses 12.1.3 and 12.1.5) a copy of any record
kept in accordance with clause 12.2 shall be given to each person who performs
part or all of the work given out.
12.5 Where the work
is given out to another person or other persons who alone will personally carry
out the work (as provided in clause 12.1.4) a copy of any record kept in
accordance with clause 12.2 shall be given to that person or those persons
doing the work.
12.6 Where work has
been given out to another employer, entity or person(s) (as provided in clauses
12.1.1 to 12.1.5) any record kept in accordance with clause 12.2, including the
consolidated list, shall be available for inspection by a person duly
authorised as if it was a record permitted to be inspected and copied under
Part 7 of Chapter 5 of the New South Wales Industrial Relations Act
1996.
12.7 If an employer
contracts with another person or persons who alone will carry out the work (as
provided in clause 12.1.4) the employer shall contract to provide and shall
provide conditions that are the same as those prescribed by this award.
12.8 An employer
must not enter into a contract or arrangement with another employer, entity or
person(s) (hereinafter called "the second person") as provided in
clauses 12.1.2, 12.1.3 or 12.1.5 unless:
12.8.1 the contract or
arrangement contains a term which provides that any work performed by a person
other than the second person is carried out pursuant to a written agreement
between the second person and the person who will actually perform the work;
12.8.2 the written
agreement specifies each of the matters set out in clauses 12.2.1 to
12.2.4; and
12.8.3 the written agreement
provides for conditions that are the same as those prescribed by this award.
For the purposes of this clause 12.8.1 a "contract
or arrangement" means a contract or arrangement for the performance of
work as provided in clauses 12.1.2, 12.1.3, or 12.1.5.
13. Training
No employee shall perform work covered by this award unless
he or she has been trained and assessed as competent by reference to recognised
industry competency standards. On the
job training may be conducted by designated persons who have as a minimum
completed the "train the trainer" or "training small
groups" module of the VETAB Workplace Assessor Course or equivalent. A VETAB accredited trainer must complete
assessments as to an employee's competence to perform work under this award,
including his or her competence in the use of all safety equipment, prior to
the employee concerned commencing work.
14. Anti-Discrimination
14.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
14.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award, which, by its terms or operation, has a direct
or indirect discriminatory effect.
14.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
14.4 Nothing in this
clause is to be taken to affect:
14.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
14.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
14.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977; or
14.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
14.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
15. Relationship to Other Awards
This award shall operate to vary any other award to the
extent of any inconsistency including the following awards or any awards
rescinding, replacing or succeeding the following awards:
• Transport
Industry (State) Award, published 20 April 2000 (315 I.G. 192), as varied.
• Armaguard NSW Road Crew Enterprise
Award 1999-2001, made by Marks J on 18 July 2001, as varied.
• Security
Industry (State) Award, published 2 November 2001 (329 I.G. 1), as varied.
16. Interim Award Only
This award is an interim award made pursuant to section
16(4) of the Industrial Relations Act 1996. Nothing in this award shall be taken to prejudice the position of
parties at a final hearing of matter number IRC 4296/2001 or any related
matter.
Schedule 1
Greater Sydney Metropolitan Area
Gosford and Central Coast
Blue Mountains
Greater Newcastle Metropolitan Area
Greater Wollongong Metropolitan Area
Wagga Wagga
Albury
Tamworth
Armidale
Port Macquarie
Lismore
Dubbo
Nowra
Bathurst
Orange
Lithgow
Grafton
Tweed Heads
Coffs Harbour
Schedule 2
NOTE: NOT REPRODUCED
- See subclauses 9.3 and 9.4 of clause 9, Cash Limits, of this award.
F. MARKS J.
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Printed by the authority of the Industrial Registrar.