TRANSPORT INDUSTRY - MIXED ENTERPRISES (STATE)
INDUSTRIAL COMMITTEE
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Transport Workers' Union of Australia, New
South Wales Branch, industrial organisation of employees.
(No. IRC 4982 of 2002)
Before The Honourable
Mr Justice Peterson
|
10 October 2002
|
ORDER
The Commission orders that -
1. The Transport
Industry - Mixed Enterprises (State) Industrial Committee published 6 September
1996 (294 I.G. 1065), be dissolved.
2. There be
established a new Transport Industry - Mixed Enterprises (State) Industrial
Committee for the industries and callings of -
All drivers and loaders of trolley, drays, carts,
floats, articulated or semi-articulated vehicles and motor and other power-propelled
vehicles, including motor cycles engaged in the carriage of goods, merchandise
and the like, together with employees engaged in greasing or washing any such
vehicle, employees without supervisory or other duties beyond those of loading
or unloading vehicles employed by common carriers or who are not engaged upon
or in connection with the premises of the employer, not being a common carrier,
and employees of common carriers receiving, sorting, and loading or unloading
goods for delivery or re-delivery, carters, tip carters and tip motor wagon
drivers, brakesmen or brakeswomen, or extra hands, trace boys or girls, and all
grooms, stablepersons and yardpersons employed in connection with any of the
above, and drivers of mobile cranes, auto trucks and fork lifts employed by
general carriers in connection with the carriage of goods, merchandise and the
like, employees driving or operating mobile cranes, fork lifts, tractors, tow
motors, industrial trucks, yard trucks or utility vehicles in and about wholesale
oil stores, persons, other than storepersons and packers, employed in the work
of loading, stacking and unloading of railway trucks, in the State, excluding
the County of Yancowinna, but including motor lorry drivers, employed by the
Roads and Traffic Authority in or in connection with the construction or
maintenance of roads and bridges in that part of the County of Yancowinna which
is outside the Municipality of Broken Hill;
and
Brick, tile and pottery carters, including drivers of
motor and other power-propelled vehicles, and grooms, stablemen or stablewomen,
yardpersons and brakespersons or extra hands employed in or in connection
therewith in the State, excluding the County of Yancowinna;
and
Timber carters, including drivers of motor and other
power-propelled vehicles, grooms, stablemen or stablewomen and yardpersons,
trace boys, trace girls, brakespersons or extra hands employed in or in
connection therewith in the State, excluding the County of Yancowinna;
and
Carters, grooms, stablemen or stablewomen, extra hands,
and drivers of motor and other power-propelled vehicles engaged in the
collection and delivery of dry cleaning or laundry work in the State, excluding
the County of Yancowinna;
and
Chauffeurs and motor car drivers employed on motor
coaches, cars and all motor vehicles, used for the purpose of carrying
passengers, persons or workmen or workwomen notwithstanding such vehicles are
not plying for hire, provided such vehicles are normally capable of carrying
less than eight sitting passengers or persons, in the State, excluding the
County of Yancowinna; excepting drivers of motor wagons which are not used for
the purpose of conveying passengers or workmen, or workwomen, and employees who
are not engaged in business or trade;
and
Drivers, extra hands and depot hands engaged in or in
connection with the handling, delivery, collection and/or disposal of
receptacles containing female sanitary items;
Provided that in regard to all of the above employees
described, the work performed must be for an employer whose principal business
functions, undertakings or industries are not in transport or distribution;
and excepting employees of -
State Rail Authority of New South Wales;
Urban Transit Authority of New South Wales;
Sydney Water;
The Hunter District Water Board;
The Council of the City of Sydney;
The Sydney County Council;
The Council of the City of Newcastle;
Municipal, shire and county councils;
Electricity Commission of New South Wales;
The Australian Gas Light Company;
The North Shore Gas Company Limited;
Electric Light and Power Supply Company limited;
South Maitland Railways Pty Limited;
Blue Circle Southern Cement Limited;
Australian Iron and Steel Proprietary Limited, within
the jurisdiction of the Iron and Steel Works Employees (Australian Iron &
Steel Proprietary Limited) Industrial Committee and the Quarries (Australian
Iron and Steel Pty Limited) Industrial Committee.
and excepting also employees
within the jurisdiction of the following Industrial Committees -
Transport Industry - Quarried Materials (State);
Steel Works Employees (Broken Hill Proprietary Company
Limited);
Quarries, &c. (Broken Hill Proprietary Company
Limited);
Iron and Steel Works Employees (Australian Iron &
Steel Proprietary Limited);
Quarries (Australian Iron and Steel Pty Limited);
Australian Wire Industries Pty Ltd - Newcastle
Wiremill;
Smelting, &c. (Electronic R & S Company,
&c.)
Smelting and Fertilizer Manufacturing (Sulphide
Corporation Pty Limited and Greenleaf Fertilizers Limited;
Cement Workers, &c. (State);
John Lysaght (Australia) Limited Port Kembla;
John Lysaght (Australia) Limited Newcastle;
John Lysaght (Australia) Limited Unanderra;
Australian Wire Industries Pty Ltd - Newcastle Ropery;
Australian Wire Industries Pty Ltd - Sydney Wiremill;
Sugar Workers (CSR Limited);
Transport Industry - Trade Waste (State);
Transport Industry - Wood and Coal (State);
Transport Industry - Wholesale Butchers (State);
Carters, Retail Grocers (Newcastle);
Transport Industry - Waste Collection and Recycling
(State);
Colliery Mechanics (North);
Colliery Mechanics (South);
Colliery Mechanics (West);
Metalliferous Mining (State);
Engine Drivers, &c., Metalliferous Mining (State);
Butchers, Retail (State);
Butchers, Wholesale (Country);
Butchers, Wholesale (Cumberland);
Smallgoods Manufacturers (State);
Milk Treatment, &c., and Distribution (State);
Aerated Waters, &c. (State);
Cold Storage, &c., Employees (State);
Cold Storage, &c., Employees (Northumberland);
Bread Industry (State);
Pastrycooks, &c. (State);
Motor Car Washers, &c. (State);
Quarries, Gravel and Sand Pits (State);
Butter, &c., Factory Employees (Newcastle and
Northern);
Butter, &c., Factory Employees (State);
Fruit Packing Houses Employees (State);
Malted milk Manufacturing (State);
Sawmillers, &c. (State);
Sugar Manufacturers (State);
Tubemakers of Australia Limited, Newcastle;
Tubemakers of Australia Limited, Yennora;
Shoalhaven Scheme;
Googong Dam Project;
County Councils (Electricity Undertakings) Employees;
Shortland County Council;
University Employees, &c. (State);
and excepting also -
Motor lorry drivers, assistants, loaders, washers and
greasers employed by breweries;
Persons coming within the jurisdiction of the Crown
Employees (Skilled Tradesmen) Industrial Committee.
and excepting further -
Employees covered by the following awards -
General Construction and Maintenance, Civil and
Mechanical Engineering, &c. (State) Award; Gangers (State) Award; Boral
Resources (Country) Pty Limited Concrete Batching Industry (State) Award.
3. The said
committee shall consist of two representatives of employers and two
representatives of employees.
4. The
representatives of employers shall be appointed, upon nomination as prescribed,
one by Employers First, and one by Australian Business Industrial. The following employer organisations have
alternative nominating rights as prescribed: one by Timber Trade Industrial
Association; one by Clay Brick & Paver Association of New South Wales; one
by The Australian Industry Group, New South Wales Branch; one by Textile Rental
and Laundry Association of New South Wales; and one by Roads and Traffic
Authority.
5. The
representatives of employees shall be appointed, upon nomination as prescribed,
by Transport Workers' Union of Australia, New South Wales Branch.
6. This order
shall take effect on and from 10 October 2002.
R. J. PETERSON J.
____________________
Printed by
the authority of the Industrial Registrar.