PAINT AND VARNISH MAKERS, &c. (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 3424 of 2003)
|
Before Commissioner
Tabbaa
|
3 December 2003
|
VARIATION
1. Insert in
numerical order in clause 1, Arrangement of Award, of the award published 2
November 2001 (329 I.G. 131) the following new clause number and subject matter
and renumber the existing clause 47, Area, Incidence and Duration to read as
clause 48:
47. Union Dues
2. Delete clause
4, Wages, and insert in lieu thereof the following:
4. Wages
The minimum rates of pay for weekly employees shall be as
set out in Table 1 and Table 2 of Part B Monetary Rates.
The rates of pay in this award include the adjustments
payable under the State Wage Case 2003.
These adjustments may be offset against:
(i) any
equivalent overaward payments, and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
3. Delete
subclause (xi) of clause 21, Shiftwork, and insert in lieu thereof the
following new subclause:
(xi)
(a) Subject to
subclause (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 subclause (b) what is unreasonable or otherwise will be determined
having regard to:
(i) any risk to
employee health and safety;
(ii) the
employee’s personal circumstances including any family and carer responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(v) any other
relevant matter.
4. Delete
subclause (iii) of clause 22, Overtime (Day Workers)and insert in lieu thereof
the following new subclause:
(iii)
(a) Subject to
subclause (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 subclause (b) what is unreasonable or otherwise will be determined
having regard to:
(i) any risk to
employee health and safety;
(ii) the
employee’s personal circumstances including any family and carer
responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
5. Insert after
clause 46, Basis of Award and Leave Reserved to Apply, the following new
clause:
47. 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 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 percent 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.
(viii) This clause
shall take effect:
(i) 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 3 December 2003;
(ii) In the case
of employers who do not fall with sub-paragraph (i) above, but who currently
make deductions, other than Union membership fee deductions or mandatory
deductions (such as 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 3 March 2004;
(iii) For all other
employers, from the beginning of the first pay period to commence on or after 3
June 2004.
6. Delete Part
B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Wage Rates
|
Classification Grade
|
Former rate of pay per week
|
SWC - 2003
|
Total rate per week
|
|
|
$
|
$
|
$
|
|
1
|
481.20
|
17.00
|
498.20
|
|
2
|
493.20
|
17.00
|
510.20
|
|
3
|
504.70
|
17.00
|
521.70
|
|
4
|
525.60
|
17.00
|
542.60
|
|
5
|
553.30
|
17.00
|
570.30
|
Table 2 - Wage Rates - Laboratory Employees
|
Classification Grade
|
Former rate of pay per week
|
SWC - 2003
|
Total rate per week
|
|
|
$
|
$
|
$
|
|
1
|
481.20
|
17.00
|
498.20
|
|
1A
|
493.20
|
17.00
|
510.20
|
|
2A
|
504.70
|
17.00
|
521.70
|
|
2B
|
566.90
|
17.00
|
583.90
|
|
2C
|
585.80
|
17.00
|
602.80
|
|
3
|
606.60
|
17.00
|
623.60
|
|
4
|
627.50
|
17.00
|
644.50
|
|
5
|
669.20
|
17.00
|
686.20
|
|
6
|
710.90
|
17.00
|
727.90
|
|
7
|
731.80
|
17.00
|
748.80
|
Table 3 - Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
|
($)
|
|
1
|
5(i)(a)
|
Leading Hand:
1-10 employees
|
26.54
|
|
2
|
5(i)(b)
|
Leading Hand: 11
or more employees
|
37.65
|
|
3
|
5(ii)
|
Storeperson Working Singly
|
14.20
|
|
4
|
8(ii)
|
First Aid Allowance
|
13.59
|
|
5
|
17
|
Meal Allowance
|
11.01
|
|
6
|
39(i)
|
Excess fares - transfer
|
0.58 per km
|
|
7
|
39(ii)
|
Excess fares normal work site
|
0.58 per km
|
7. The variation
with respect to wages and allowances shall take effect from the first full pay
period to commence on or after 2 September 2003, and with respect to Shiftwork,
Overtime, and Union Dues, take effect from the beginning of the first pay
period to commence on or after 3 December 2003.
I. TABBAA, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.