Transport
Industry - Waste Collection and Recycling (State) Superannuation Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1682 of 2007)
Before Commissioner
Murphy
|
4 December 2007
|
REVIEWED
AWARD
1. Award Title
Transport Industry - Waste Collection and Recycling (State)
Superannuation Award.
2. Arrangement
Clause
No Subject Matter
1. Award Title
2. Arrangement
3. Anti-Discrimination
4. Area, Incidence And Duration
5. Definition
6. Contributions
7. Exemptions and Leave Reserved
3.
Anti-Discrimination
3.1 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.
3.2 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.
3.3 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.
3.4 Nothing in
this clause is to be taken to affect:
3.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
3.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
3.4.3 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
3.4.4 a party to this
award from pursing matters of unlawful discrimination in any State or federal
jurisdiction.
3.5 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.
Notes:
(a) Employers and employees may also be subject to Commonwealth
anti-discrimination legislation.
(b) Section 56(d) of the Anti-
Discrimination Act 1977 provides:
"Nothing in the Act
affects...any of the act or practiced of a body established to propagate
religion that conforms to the doctrines of that religion or is necessary to
avoid injury to the religious susceptibilities of the adherents of that
religion."
4. Area, Incidence
and Duration
4.1 This award
shall apply to employees covered by the Transport Industry - Waste Collection
and Recycling (State) Award, published
16 December 2005 (355 I.G. 389) as varied, subject to clause 7, Exemptions and
Leave Reserved of this award.
4.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Transport Industry - Sanitary and Garbage (State)
Superannuation Award published 2 November 2001 (329 I.G. 240), as varied.
The changes made to the award pursuant to the Award
Review pursuant to 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 4 December 2007.
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
5. Definition
In this award "the Fund" means The TWU
Superannuation Fund established by Trust Deed and Articles on 4 October 1984.
6. Contributions
6.1 Upon the
invitation of the Trustee of the Fund and employer shall apply to the Trustee
of the Fund to become a participating employer in the Fund; and
6.2 Each
participating employer shall pay to the Trustee of the Fund on behalf of each
full-time employee member of the Fund in Category EBB employed by that employer
contributions at the rate of $17.00 per week and in respect of each casual
employee member of the fund employed by that employer, contributions at the
rate of $3.40 per day employed or part thereof.
6.3 An employer
who is bound by this award may examine the Trust Deed of the Fund at the
offices of the Transport Workers' Union of Australia, NSW branch, or the New
South Wales Road Transport Association during the hours, which those
organisations are usually open for business.
7. Exemptions and
Leave Reserved
7.1 JJ Richards
and Co. shall be exempt from the provisions of this award with respect to
employees performing work under garbage contracts in all of New South Wales
provided that leave is reserved to the parties to apply in respect of this
clause.
7.2 Members of the
Employers' First, who are not members of the Waste Contractors and Recyclers
Association of NSW, shall be exempt from the provisions of this award provided
that leave is reserved to the parties to apply in respect of this subclause.
7.3 Any employer
who is not a member of the Waste Contractors and Recyclers Association of NSW
may apply to the Industrial Relations Commission of NSW for an exemption from
the provisions of this award within six months from the operative date of this
award.
J.
P. MURPHY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.