Premier & Cabinet

Type:
Department of Premier and Cabinet Circular
Identifier:
C2002-11
Status:
Archived

C2002-11 Deduction of Union Membership Fees - Model Clause

Description

You may be aware that the Labor Council of NSW lodged an application with the NSW Industrial Relations Commission in 2001 to vary a number of public and private sector awards to provide for payroll deductions of union membership fees. The application is in the nature of a Test Case and is ongoing. The Government has supported the application in principle.

Detailed Outline

You may be aware that the Labor Council of NSW lodged an application with the NSW Industrial Relations Commission in 2001 to vary a number of public and private sector awards to provide for payroll deductions of union membership fees. The application is in the nature of a Test Case and is ongoing. The Government has supported the application in principle.

Rather than wait for an arbitrated outcome, negotiations have been held with the Labor Council over the past several months on a model clause that would have application for the public sector. The Department of Education and Training and the Department of Health have assisted in these negotiations. Agreement has now been reached with the Labor Council, which is reflected in the attached model clause. As a result of this agreement, the NSW Industrial Relations Commission has now varied the following awards by consent to insert the model clause:

  • Public Hospital Nurses (State) Award; and
  • Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award (and another five Department of Education and Training awards covering the NSW Teachers Federation and the Public Service Association).

The variations are operative from the first full pay period to commence on or after 7 March 2002.

Schedule 1 Departments under the Public Sector Management Act 1988 are advised to adopt the model clause where awards and agreements do not currently contain provisions for payroll deductions of union membership fees. Public sector agencies and State Owned Corporations are encouraged to adopt this model clause.

Reference to the "regular" forwarding of monies so deducted (sub clause (iv)) is not intended to change existing practice or frequency of remitting monies to the relevant union/s which are usually forwarded fortnightly or monthly as the case may be.

It might be noted that the agreement with the Labor Council also covers non-permanent employees who authorise regular and consistent payroll deductions of union membership fees, subject to discussions with the appropriate union/s at the local level as to implementation and operational issues.

Applications to vary awards will be initiated by the relevant union/s.

Any inquiries should be directed to Doug Cowell on telephone number (02) 9228 3575.

C. Gellatly
Director-General

"Deduction of Union Membership Fees

(i) The union shall provide the employer with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union's rules.

(ii) The union shall advise the employer of any change to the amount of fortnightly membership fees made under its rules. Any variation to the schedule of union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

(iii) Subject to (i) and (ii) above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union's rules, provided that the employee has authorised the employer to make such deductions.

(iv) Monies so deducted from employee's pay shall be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to employees' union membership accounts.

(v) Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

(vi) Where an employee has already authorised the deduction of union membership fees 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 continue."

Issued (Branch): PSMO, Employee Relations
File no: PSM/ 2773
Date: March 2002

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Mar 1, 2002
Review Date
Dec 31, 2014
Replaces
Replaced By

Contacts

Contact
Contact us
Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Department of Premier and Cabinet