Storage services – Scope Detailed – Federal Awards
Storage Services - General - Award 1999 [AP796791CRV – Fed] ......................... 3
Clause 4 Coverage of Award ............................................................................... 3
Clause 5 Parties Bound........................................................................................ 3
Declaration
Victoria ........................................................................................... 3
South Australian Vegetable Processing (NUW) Award 2003 [AP823207 – Fed] . 7
Clause 6
Clause 7
Coverage of Award ............................................................................... 7
Parties Bound........................................................................................ 7
Storage Services - Bulk Grain Workers - NUW - Award 1999 [AP797094 – Fed]. 8
Clause 6
Clause 7
Coverage of Award ............................................................................... 8
Parties Bound........................................................................................ 8
Storage Services - Fruit Packing - Victoria - Award 2002 [AP818390 – Fed] ....... 9
Clause 5 Coverage of Award ............................................................................... 9
Clause 6 Parties Bound........................................................................................ 9
Schedule A
Employer Respondents .................................................................. 9
Schedule B
Employer Association Respondents .............................................. 9
Storage Services - Warehousing - Award 1999 [AP796800 – Fed] ..................... 10
Clause 5 Coverage of Award ............................................................................. 10
Clause 6 Parties Bound...................................................................................... 10
Schedule A
Respondents ................................................................................ 10
Storage Services - Wholesale Wine and Spirit Stores - Award 1999
[AP796820CRV – Fed] ............................................................................................ 11
Clause 5 Coverage of Award ............................................................................. 11
Clause 6 Parties Bound...................................................................................... 11
Schedule A
Respondents ................................................................................ 11
Declaration
Victoria ......................................................................................... 12
Storage Services Australian Capital Territory - National Union of Workers Award 1998 [AP796007CRA – Fed] ....................................................................... 15
Clause 6 Coverage of Award and Parties Bound ............................................... 15
Schedule A
Schedule of Respondents ............................................................ 15
Declaration ............................................................................................................ 15
Storage Services Materials Handling Award 2002 [AP815893 – Fed] ................ 16
Storage services – Federal Awards – Scope Detailed – As at 27 February 2009
1
Clause 6 Coverage of Award ............................................................................. 16
Clause 7 Parties Bound...................................................................................... 16
Schedule A
Respondents ................................................................................ 16
Declaration ............................................................................................................ 16
Storage Services Miscellaneous Stores Award 2001 [AP808695 – Fed]............ 20
Clause 5 Coverage of Award ............................................................................. 20
Clause 6 Parties Bound...................................................................................... 20
Clause 7 Persons, organisations, industries and employers and exempted from
coverage 20
Schedule A............................................................................................................ 20
Schedule B............................................................................................................ 21
Storage Services Retail Victorian Warehouses Award 2000 [AP796002 – Fed] 22
Clause 3 Incidence of Award.............................................................................. 22
Schedule A
List of Respondents ..................................................................... 22
Storage Services Steel Distributing Award 2000 [AP795979 – Fed] .................. 23
Clause 6 Coverage of Award ............................................................................. 23
Clause 7 Parties Bound...................................................................................... 23
Schedule of Respondents A.................................................................................. 23
Schedule of Respondents B.................................................................................. 24
Declaration ............................................................................................................ 25
Storage services – Federal Awards – Scope Detailed – As at 27 February 2009
2
Storage Services - General - Award 1999 [AP796791CRV – Fed]
Clause 4
Coverage of Award
4.1
This award applies throughout the State of Victoria and to those locations in other States
described in Schedule A.
4.2
The industries and callings covered by this award are:
4.2.1
a storeworker, packer or sorter;
4.2.2
an assistant to a storeworker, packer or sorter;
4.2.3
an assembler, collector or checker of goods in course of receipt or despatch;
4.2.4 a person employed for wiping eggs in any place where eggs are stored, sorted or packed for
trade or sale; and
4.2.5 employees engaged in the reception, handling, storage, preparation, bottling, packing and
delivery of goods and merchandise and processes and activities incidental or ancillary to such
reception, handling, storage, preparation, bottling, packing and delivery including the pulping, testing
and/or processing of eggs.
4.3
All descriptions of industry or calling set out in this clause wherever expressed may be read
either alternatively or collectively in any combination whatsoever.
Clause 5
Parties Bound
5.1
This award shall be binding upon:
5.1.1
The National Union of Workers and its members;
5.1.2 The organisations of employers, their officers and members specified in Schedule A in
accordance with the terms of Schedule A.
5.1.3 The employers specified in Schedule A in respect of all employees whether members of the
National Union of Workers or not engaged in any of the occupations and callings specified in 4.2 at
their operations in accordance with 4.1.
Declaration
Victoria
[Common Rule declared by PR950677 from 01Jan05]
Further to the decision issued by the Commission on 17 August 2004 [PR950653] and pursuant to
ss.141 and 493A of the Workplace Relations Act 1996 the Commission makes the following
declaration for a common rule award:
1.
In this Declaration:
“the award” means the Storage Services - General - Award 1999 as varied from time to time;
“employees” means employees in the industry who perform work of a kind that is covered by the
award;
Storage Services - General - Award 1999 [AP796791CRV – Fed]
3
“employers” means employers who employ employees;
“the industry” means the industries and callings of:
a storeworker, packer or sorter;
an assistant to a storeworker, packer or sorter;
an assembler, collector or checker of goods in course of receipt or despatch;
a person employed for wiping eggs in any place where eggs are stored, sorted or packed for trade or
sale; and
employees engaged in the reception, handling, storage, preparation, bottling, packing and delivery of
goods and merchandise and processes and activities incidental or ancillary to such reception, handling,
storage, preparation, bottling, packing and delivery including the pulping, testing and/or processing of
eggs.
2.
That save for and subject to the matters referred to in clauses 4 to 10 below, the whole of the
terms of the award except those specified in clause 3 below, shall be:
2.1
a common rule for the industry in Victoria and known as the Storage Services - General Victorian Common Rule Award 2005;
2.2
binding on all employers in respect of the employment by them of employees;
2.3
binding on all employees; and
2.4
binding on the National Union of Workers and registered organisations respondent to the
Award.
3.
The following clauses of the award are not included in the Storage Services - General Victorian Common Rule Award 2004:
3.1
clause 3 – Commencement date of award and period of operation;
3.2
clause 4 – Coverage of award; and
3.3
clauses 5.1.2 and 5.1.3 of Parties bound.
4.
Subject to 4.1 to 4.4 below, all provisions in the Storage Services - General - Victorian
Common Rule Award 2005 are to operate from 1 January 2005:
4.1
With respect to annual leave, only periods of annual leave commencing on or after 31 January
2005 attract leave loading.
4.2
With respect to redundancy payments for employees of employers who have less than 15
employees, only service on or after 1 January 2005 is to be taken into account for the purpose of
calculating ‘service’.
4.3
With respect to redundancy payments for employees of employers who have 15 employees or
more, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating
‘service’. [Note: the agreement in respect of this issue is without prejudice to the position a party may
put in roping-in proceedings.]
4.4
2004.
Any accident make-up pay clause is to apply in relation to any injury on or after 3 August
Storage Services - General - Award 1999 [AP796791CRV – Fed]
4
4.5
The wages clauses (including all allowances and penalty payments) are to commence
operation from the first pay period on or after Monday 3 January 2005 provided that in all cases the
wages clauses commence operation no later than 5 January 2005.
5.
The Storage Services – General - Victorian Common Rule Award 2005 shall not apply to
employers respondent by any means to any other award of the Commission in respect of the
employment by them of employees covered by that award.
6.
This declaration shall not apply to a person with a disability who is eligible for a Disability
Support Pension and who is employed by a supported employment service that receives funding under
the Disability Services Act 1986 (Cth) to provide support for that person. [See Note 1 below.]
7.
An employer who is making superannuation contributions into a complying superannuation
fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an
employee covered by this declaration prior to the date of effect of this declaration is exempt from any
provision in the award which specifies the fund or funds into which superannuation contributions are
to be paid. [See Note 2 below.]
8.
In the event of a dispute about the entitlement of an employer to set-off entitlements and
benefits required to be provided under a contract of employment made prior to the date of this
declaration against entitlements and benefits required to be provided under the Storage Services –
General - Victorian Common Rule Award 2005, the matter may be referred to a Board of Reference
consisting of a Member of the Commission which shall determine whether or not such a set-off should
be permitted having regard to what is fair and equitable in all the circumstances of the case, without
regard to technicalities and legal forms.
An appeal lies from a decision of a Board of Reference to a Full Bench of the Commission.
This clause shall apply for a period of twelve months from the commencement date of the Storage
Services – General - Victorian Common Rule Award 2005.
Any registered organisation bound by the terms of the Storage Services – General - Victorian
Common Rule Award 2005 shall be notified of the time and date of hearing in relation to any
application made pursuant to this provision.
9.
Nothing in this declaration reduces or in any way detracts from any accrued rights to any
forms of leave including sick leave, annual leave, long service leave or parental leave to which
employees or any of them have become entitled by accrual or otherwise prior to the commencement
date in clause 10 below.
10.
This declaration shall be an award of the Commission, shall come into force on 1 January
2005 and shall remain in force for a period of 3 months and thereafter in accordance with the Act. [See
Note 3 below.]
Note 1
1.
Disability Support Pension means the Commonwealth pension scheme to provide income
security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as
amended from time to time, or any successor to that scheme.
2.
The intention of this provision is limited to preventing the award from applying to sheltered
workshops (i.e. supported employment services) - it does not prevent the award from applying to
employees with disabilities in open employment.
Storage Services - General - Award 1999 [AP796791CRV – Fed]
5
3.
Leave is reserved for any party to have this issue reconsidered in the light of any
developments in the national process which is currently considering workplace relations issues for
sheltered workshops. This national process includes the Disability Sector National Industry
Consultative Council and any related applications that seek award coverage for sheltered workshops.
Note 2
1.
The purpose of the exception above is to maintain the status quo in respect of employers who,
as at the date of effect of the common rule declaration, are making superannuation contributions into a
complying superannuation fund. These employers will not be required to change their existing
arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an
agreement between the employer and employees. For the avoidance of doubt, the exception continues
to apply to employers who are making superannuation contributions to complying superannuation
funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry
(Supervision) Regulations 1994 (Cth), or as amended or replaced by other legislation) into which
benefits are transferred, after the date of effect of the common rule declaration, in accordance with the
Superannuation Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further,
“existing arrangements” includes the making of contributions to such funds.
2.
The exception is in respect of current and future employees of the employers who are entitled
to the benefit of the exemption.
3.
The exception does not apply to new businesses which are established after the date on which
the award is declared to have effect as a common rule.
4.
The exception only applies to employers who are required to apply the terms of the award by
virtue of the Common Rule declaration. It does not apply to employers who are named respondents to
the award or who are parties bound by virtue of the membership of an employer organisation.
5.
The exception applies subject to any Commonwealth legislation to the contrary.
Note 3
Subject to s.113 of the Workplace Relations Act 1996 and any order of the Commission, an award
dealing with particular matters continues in force until a new award is made dealing with the same
matters (see s.148 of the Workplace Relations Act 1996).
Storage Services - General - Award 1999 [AP796791CRV – Fed]
6
South Australian Vegetable Processing (NUW) Award 2003
[AP823207 – Fed]
Clause 6
Coverage of Award
This award applies in respect of all persons employed in South Australia in the vegetable processing
industry, including persons engaged in, or in connection with:
6.1
the reception, handling, storing, preparation, packing, distribution, delivery or forwarding of
vegetables; or
6.2
any other processing of vegetables.
Clause 7
Parties Bound
This award is binding on:
7.1
the National Union of Workers, its officers and members;
7.2
the employers listed in Appendix 1 - Employer respondents, in respect of all employees
employed by them within the scope of clause 6 - Coverage of award, whether members of the union or
not.
South Australian Vegetable Processing (NUW) Award 2003 [AP823207 – Fed]
7
Storage Services - Bulk Grain Workers - NUW - Award 1999
[AP797094 – Fed]
Clause 6
Coverage of Award
This award shall be binding upon the National Union of Workers and its members employed by
Vicgrain Limited and upon Vicgrain Limited.
Clause 7
Parties Bound
This award shall apply to the employment of all persons employed by Vicgrain Limited who are or
who are eligible to be members of the National Union of Workers and who are employed in any of the
classifications contained in Appendix A to this award.
Storage Services - Bulk Grain Workers - NUW - Award 1999 [AP797094 – Fed]
8
Storage Services - Fruit Packing - Victoria - Award 2002 [AP818390
– Fed]
Clause 5
Coverage of Award
5.1
This award applies to the State of Victoria.
5.2
The industries and callings covered by this award are:
5.2.1
preparing, storing or packing fruit for trade or sale;
5.2.2 working in cool stores (exclusively engaged in the cold storage of fruit) attached to any
establishment where fruit only is prepared, stored or packed for trade or sale;
5.2.3 but excluding persons engaged in wholesale fruit stores within the district declared in the
Labour and Industry (Metropolitan Industrial Court District) Order 1968, and persons employed in
the trade of processing and packaging berry fruits.
5.3
This award will not apply to persons employed under the Fruit Growing Industry
(Consolidated) Award 1976 [Print D1018 [F0026]] as at 16 August 1994.
Clause 6
Parties Bound
This award shall be binding upon:
6.1
the National Union of Workers, its officers and members;
6.2
all the employees, whether members of the union or not, engaged in any of the classifications
and callings specified in clause 5 - Coverage of award;
6.3
the employers specified in Schedule A - Employer respondents; and
6.4
the organisation of employers specified in Schedule B - Employer associations respondents,
and its members.
Schedule A
Employer Respondents
Victoria
Craig Mostyn Packing Co, PO Box 36, Shepparton, 3630
Geoffrey Thompson Fruit Packing, Wheeler Street, Shepparton, 3630
Zurcas Coolstore & Packing, PO Box 224, Shepparton, 3630
Schedule B
Employer Association Respondents
Victoria
Victorian Employers’ Chamber of Commerce and Industry, 196 Flinders Street, Melbourne, 3000.
Storage Services - Fruit Packing - Victoria - Award 2002 [AP818390 – Fed]
9
Storage Services - Warehousing - Award 1999 [AP796800 – Fed]
Clause 5
Coverage of Award
The industry and calling covered by this award shall be work performed in the receiving, handling,
storing or delivering of goods and merchandise in or in connection with warehousing and bond and
free stores operated by employers bound by this award, by persons engaged in the classifications set
out in this award in all States and Territories of the Commonwealth of Australia.
Clause 6
Parties Bound
This award shall be binding on National Union of Workers and on the employers whose names are
set out in Schedule A - Respondents, hereto in respect of all their employees whether members of the
union or not and who are required to perform work covered by this award.
Schedule A
Respondents
Brambles Australia Limited
(operating as Brambles Distribution Services)
Level 6
2 Elizabeth Plaza
NORTH SYDNEY NSW 2060
Compass Transport Services Pty Ltd
1st floor, 616 St Kilda Road
MELBOURNE VIC 3004
(in respect of its operation at Enterprise Court, Mulgrave, VIC)
Kagan Bros Consolidated Pty Ltd
71 Pipe Road
LAVERTON NORTH VIC 3026
Mayne Nickless Limited
390 St. Kilda Road
MELBOURNE VIC 3004
TNT Pty Limited
(a division of TNT Australia Pty Ltd)
Coode Road
WEST MELBOURNE VIC 3003
Warehousing and Distribution
PO Box 42
CAMPBELLFIELD VIC 3061
Storage Services - Warehousing - Award 1999 [AP796800 – Fed]
10
Storage Services - Wholesale Wine and Spirit Stores - Award 1999
[AP796820CRV – Fed]
Clause 5
Coverage of Award
This award will cover persons employed in wholesale wine and spirit stores.insert text from award
Clause 6
Parties Bound
This award will be binding upon:
6.1
The National Union of Workers and its members;
6.2
All employees whether members of the National Union of Workers or not whose employment
is covered by clause 5 - Coverage of award; and
6.3
The employers specified in Schedule A.
Schedule A
Respondents
New South Wales
Remy Australie Pty Ltd Lock Bag 6, Gladesville, New South Wales, 2111
United Distillers (Aust) Ltd, 106-116 Epsom Road, Rosebery, New South Wales, 2018
South Australia
Penfold Wines Pty Ltd Penfold Road, Magill, South Australia, 5072
Victoria
Alexander & Paterson Wine and Spirit Merchants, 60 Dawson Street, Brunswick, Victoria, 3056
Caldbecks Pty Ltd, PO Box 292, Clayton, Victoria, 3168
C.S.B. Warehousing and Distribution Pty Ltd, PO Box 318, Mt Waverley, Victoria, 3149
Hayes & Seward Pty Ltd, 61 Nantilla Road, North Clayton, Victoria, 3168
Langwarra Wine Co Pty Ltd, 167 Beavers Road, Northcote, Victoria, 3070
McWilliams Wines Pty Limited, PO Box 168, Clayton, Victoria, 3168
Mildara Blass Ltd, 170 Bridport Street, Albert Park, Victoria, 3206
Orlando Wyndham Group Pty Ltd, 5 Kingston Town Close, Oakleigh, Victoria, 3166
W.J. Seabrook and Son Pty Ltd, 347 Victoria Street, Brunswick, Victoria, 3056
Seagram Australia Pty Limited, PO Box 127, East Brunswick, Victoria, 3057
S. Smith & Son (Vic) Pty Ltd, 31 Racecourse Road, North Melbourne, Victoria, 3051
Swift & Moore Pty Limited, Dandenong Road, Noble Park, Victoria, 3174
Taylors Wines, PO Box 488, South Melbourne, Victoria, 3205.
Victorian Employers Chamber of Commerce and Industry, PO Box 21, Hawthorn, Victoria, 3122
Storage Services - Wholesale Wine and Spirit Stores - Award 1999 [AP796820CRV – Fed]
11
Declaration
Victoria
[Common rule declared by PR952848 from 01Jan05]
Further to the decision issued by the Commission on 10 November 2004 [PR953119] and pursuant to
ss.141 and 493A of the Workplace Relations Act 1996 (the Act), the Commission makes the following
declaration for a common rule award:
1.
In this Declaration:
1.1
the award means the Storage Services - Wholesale Wine and Spirit Stores - Award 1999, as
varied from time to time;
1.2
employees means employees in the industry who perform work of a kind that is covered by
the award;
1.3
employers means employers who employ employees;
1.4
the industry means persons employed in wholesale wine and spirit stores.
2.
That save for and subject to the matters referred to in clauses 4 to 7 below, the whole of the
terms of the award, as varied from time to time, except those specified in clause 3 below, shall be:
2.1
a common rule for the industry in Victoria and known as the Storage Services - Wholesale
Wine and Spirit Stores Victorian Common Rule Declaration 2005;
2.2
binding on all employers in respect of the employment by them of employees;
2.3
binding on all employees; and
2.4
binding on the National Union of Workers and the registered organisations respondent to the
award.
3.
The following clauses of the award are not included in Storage Services - Wholesale Wine and
Spirit Stores Victorian Common Rule Declaration 2005
3.1
clause 4 - Commencement date of award and period of operation;
3.2
clause 5 - Coverage of award; and
3.3
clauses 6.2 and 6.3 - Parties bound.
4.
Subject to 4.1 to 4.5 below, all provisions in the Storage Services - Wholesale Wine and Spirit
Stores Victorian Common Rule Declaration 2005 are to operate from 1 January 2005.
4.1
With respect to annual leave, only periods of annual leave commencing on or after 31 January
2005 attract leave loading.
4.2
With respect to redundancy payments for employees of employers who have fewer than 15
employees, only service on or after 1 January 2005 is to be taken into account for the purpose of
calculating service.
4.3
With respect to redundancy payments for employees of employers who have 15 employees or
more, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating
Storage Services - Wholesale Wine and Spirit Stores - Award 1999 [AP796820CRV – Fed]
12
service. [Note: the agreement in respect of this issue is without prejudice to the position a party may
put in roping-in proceedings.]
4.4
2004.
Any accident make-up pay clause is to apply in relation to any injury on or after 3 August
4.5
The wages clauses (including all allowances and penalty payments) are to commence
operation from the first pay period on or after Monday, 3 January 2005 provided that in all cases the
wages clauses commence operation no later than 5 January 2005.
5.
The Storage Services - Wholesale Wine and Spirit Stores Victorian Common Rule Declaration
2005 shall not apply to employers respondent by any means to any other award of the Commission in
respect of the employment by them of employees covered by that award.
6.
This declaration shall not apply to a person with a disability who is eligible for a Disability
Support Pension and who is employed by a supported employment service that receives funding under
the Disability Services Act 1986 (Cth) to provide support for that person. [See Note 1 below.]
7.
An employer who is making superannuation contributions into a complying superannuation
fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an
employee covered by this declaration, prior to the date of effect of this declaration is exempt from any
provision in the award which specifies the fund or funds into which superannuation contributions are
to be paid. [See Note 2 below.]
8.
In the event of a dispute about the entitlement of an employer to set-off entitlements and
benefits provided under a contract of employment made prior to the date of this declaration against
entitlements and benefits required to be provided under the Storage Services - Wholesale Wine and
Spirit Stores Victorian Common Rule Declaration 2005, the matter may be referred to a Board of
Reference, consisting of a member of the Commission, which shall determine whether or not such a
set-off should be permitted having regard to what is fair and equitable in all the circumstances of the
case, without regard to technicalities and legal forms.
8.1
An appeal lies from a decision of a Board of Reference to a Full Bench of the Commission.
8.2
This clause shall apply for a period of twelve months from the commencement date of the
Storage Services - Wholesale Wine and Spirit Stores Victorian Common Rule Declaration 2005.
8.3
Any registered organisation bound by the terms of the Storage Services - Wholesale Wine and
Spirit Stores Victorian Common Rule Declaration 2005 shall be notified of the time and date of
hearing in relation to any application made pursuant to this provision.
9.
Nothing in this declaration reduces or in any way detracts from any accrued rights to any
forms of leave including sick leave, annual leave, long service leave or parental leave to which
employees or any of them have become entitled by accrual or otherwise prior to the commencement
date in clause 10 below.
10.
This declaration shall be an award of the Commission, shall come into force on 1 January
2005 and shall remain in force for a period of three months and thereafter in accordance with the Act.
[See Note 3 below.]
Storage Services - Wholesale Wine and Spirit Stores - Award 1999 [AP796820CRV – Fed]
13
Note 1
1.
Disability Support Pension means the Commonwealth pension scheme to provide income
security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as
amended from time to time, or any successor to that scheme.
2.
The intention of this provision is limited to preventing the award from applying to sheltered
workshops (i.e. supported employment services) - it does not prevent the award from applying to
employees with disabilities in open employment.
3.
Leave is reserved for any party to have this issue reconsidered in the light of any
developments in the national process which is currently considering workplace relations issues for
sheltered workshops. This national process includes the Disability Sector National Industry
Consultative Council and any related applications that seek award coverage for sheltered workshops.
Note 2
1.
The purpose of the exception above is to maintain the status quo in respect of employers who,
as at the date of effect of the common rule declaration, are making superannuation contributions into a
complying superannuation fund. These employers will not be required to change their existing
arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an
agreement between the employer and employees. For the avoidance of doubt, the exception continues
to apply to employers who are making superannuation contributions to complying superannuation
funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry
(Supervision) Regulations 1994 (Cth), or as amended or replaced by other legislation) into which
benefits are transferred, after the date of effect of the common rule declaration, in accordance with the
Superannuation Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further,
"existing arrangements" includes the making of contributions to such funds.
2.
The exception is in respect of current and future employees of the employers who are entitled
to the benefit of the exemption.
3.
The exception does not apply to new businesses which are established after the date on which
the award is declared to have effect as a common rule.
4.
The exception only applies to employers who are required to apply the terms of the award by
virtue of the Common Rule declaration. It does not apply to employers who are named respondents to
the award or who are parties bound by virtue of the membership of an employer organisation.
5.
The exception applies subject to any Commonwealth legislation to the contrary.
Note 3
1.
Subject to s.113 of the Workplace Relations Act 1996 and any order of the Commission, an
award dealing with particular matters continues in force until a new award is made dealing with the
same matters (see s.148 of the Workplace Relations Act 1996).
Storage Services - Wholesale Wine and Spirit Stores - Award 1999 [AP796820CRV – Fed]
14
Storage Services Australian Capital Territory - National Union of
Workers - Award 1998 [AP796007CRA – Fed]
Clause 6
6.
Coverage of Award and Parties Bound
COVERAGE OF AWARD AND PARTIES BOUND
6.1
This award shall be binding upon the National Union of Workers, its officers and its
members, and upon the employers named in Schedule A attached hereto in the Australian Capital
Territory in respect of each and every person employed by them, whether members of the said union
or not, in the classifications set out in this award.
Schedule A
Schedule of Respondents
The Confederation of A.C.T. Industry
The Retail Trader’s Association of New South Wales
Declaration
[Common rule declared by Print G2355 ppc 21Jan86]
1.
That the whole of the terms of the Storemen and Packers (A.C.T.) Award 1973 be a Common
Rule of the relevant industry in the Australian Capital Territory and shall be binding on all employers
in the said industry in respect of the employment by them of employees in the classifications for which
provision is made in the said Award and shall be binding on all such employees.
2.
That this declaration shall not apply to the Australian Government in respect of employees
under the Public Service Act 1922.
3.
That the foregoing declaration shall operate from 21 January 1986.
Storage Services Australian Capital Territory - National Union of Workers - Award 1998
[AP796007CRA – Fed]
15
Storage Services Materials Handling Award 2002 [AP815893 – Fed]
Clause 6
Coverage of Award
The industry and calling covered by this award is work in or in connection with the storing and/or
packing and/or handling of goods and/or merchandise and the reception and/or handling and/or
stacking in connection with the assembly and/or repair of any crates, box, platform or similar device
for holding and/or handling of goods and/or merchandise.
Clause 7
Parties Bound
7.1
This award shall be binding upon National Union of Workers and upon the employers listed
in Schedule A - Respondents, in respect of their employees engaged in the occupations covered by this
award whether such employees are members of the union or not.
Schedule A
Respondents
New South Wales
Brambles, Level 6, 2 Elizabeth Plaza, North Sydney, 2060
Dupond Industries Pty Ltd, 27-33 Daniel Street, Wetherill Park, 2164
Murrells Freight, 223-225 Berkeley Road, Unanderra, 2526
South Australia
Adelaide Produce Markets, Main North Road, Pooraka, 5095
Victoria
Australian Crate Exchange Pty Ltd, 542 Footscray Road, West Melbourne, 3003
Best Fresh Produce Pty Ltd, Lot 9, Perry Street, Mildura, 3500
Declaration
[Common rule declared by PR952846 from 01Jan05]
Further to the decision issued by the Commission on 10 November 2004 [PR953119] and pursuant to
ss.141 and 493A of the Workplace Relations Act 1996 (the Act), the Commission makes the following
declaration for a common rule award:
1.
In this Declaration:
1.1
the award means the Storage Services Materials Handling Award 2002, as varied from time
to time;
1.2
employees means employees in the industry who perform work of a kind that is covered by
the award;
1.3
employers means employers who employ employees;
1.4
the industry means the industry and calling of work in or in connection with the storing
and/or packing and/or handling of goods and/or merchandise and the reception and/or handling and/or
Storage Services Materials Handling Award 2002 [AP815893 – Fed]
16
stacking in connection with the assembly and/or repair of any crates, box, platform or similar device
for holding and/or handling of goods and/or merchandise.
2.
That save for and subject to the matters referred to in clauses 4 to 7 below, the whole of the
terms of the award, as varied from time to time, except those specified in clause 3 below, shall be:
2.1
a common rule for the industry in Victoria and known as the Storage Services Materials
Handling Victorian Common Rule Declaration 2005;
2.2
binding on all employers in respect of the employment by them of employees;
2.3
binding on all employees; and
2.4
binding on the National Union of Workers and the registered organisations respondent to the
award.
3.
The following clauses of the award are not included in the Storage Services Materials
Handling Victorian Common Rule Declaration 2005:
3.1
clause 5 - Commencement date of award and period of operation;
3.2
clause 6 - Coverage of award; and
3.3
clause 7 - Parties bound, insofar as it refers to employers bound by the award.
4.
Subject to 4.1 to 4.5 below, all provisions in the Storage Services Materials Handling
Victorian Common Rule Declaration 2005 are to operate from 1 January 2005.
4.1
With respect to annual leave, only periods of annual leave commencing on or after 31 January
2005 attract leave loading.
4.2
With respect to redundancy payments for employees of employers who have fewer than 15
employees, only service on or after 1 January 2005 is to be taken into account for the purpose of
calculating service.
4.3
With respect to redundancy payments for employees of employers who have 15 employees or
more, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating
service. [Note: the agreement in respect of this issue is without prejudice to the position a party may
put in roping-in proceedings.]
4.4
2004.
Any accident make-up pay clause is to apply in relation to any injury on or after 3 August
4.5
The wages clauses (including all allowances and penalty payments) are to commence
operation from the first pay period on or after Monday, 3 January 2005 provided that in all cases the
wages clauses commence operation no later than 5 January 2005.
5.
The Storage Services Materials Handling Victorian Common Rule Declaration 2005 shall not
apply to employers respondent by any means to any other award of the Commission in respect of the
employment by them of employees covered by that award.
Storage Services Materials Handling Award 2002 [AP815893 – Fed]
17
6.
This declaration shall not apply to a person with a disability who is eligible for a Disability
Support Pension and who is employed by a supported employment service that receives funding under
the Disability Services Act 1986 (Cth) to provide support for that person. [See Note 1 below.]
7.
An employer who is making superannuation contributions into a complying superannuation
fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an
employee covered by this declaration, prior to the date of effect of this declaration is exempt from any
provision in the award which specifies the fund or funds into which superannuation contributions are
to be paid. [See Note 2 below.]
8.
In the event of a dispute about the entitlement of an employer to set-off entitlements and
benefits provided under a contract of employment made prior to the date of this declaration against
entitlements and benefits required to be provided under the Storage Services Materials Handling
Victorian Common Rule Declaration 2005, the matter may be referred to a Board of Reference,
consisting of a member of the Commission, which shall determine whether or not such a set-off should
be permitted having regard to what is fair and equitable in all the circumstances of the case, without
regard to technicalities and legal forms.
8.1
An appeal lies from a decision of a Board of Reference to a Full Bench of the Commission.
8.2
This clause shall apply for a period of twelve months from the commencement date of the
Storage Services Materials Handling Victorian Common Rule Declaration 2005.
8.3
Any registered organisation bound by the terms of the Storage Services Materials Handling
Victorian Common Rule Declaration 2005 shall be notified of the time and date of hearing in relation
to any application made pursuant to this provision.
9.
Nothing in this declaration reduces or in any way detracts from any accrued rights to any
forms of leave including sick leave, annual leave, long service leave or parental leave to which
employees or any of them have become entitled by accrual or otherwise prior to the commencement
date in clause 10 below.
10.
This declaration shall be an award of the Commission, shall come into force on 1 January
2005 and shall remain in force for a period of three months and thereafter in accordance with the Act.
[See Note 3 below.]
Note 1
1.
Disability Support Pension means the Commonwealth pension scheme to provide income
security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as
amended from time to time, or any successor to that scheme.
2.
The intention of this provision is limited to preventing the award from applying to sheltered
workshops (i.e. supported employment services) - it does not prevent the award from applying to
employees with disabilities in open employment.
3.
Leave is reserved for any party to have this issue reconsidered in the light of any
developments in the national process which is currently considering workplace relations issues for
sheltered workshops. This national process includes the Disability Sector National Industry
Consultative Council and any related applications that seek award coverage for sheltered workshops.
Storage Services Materials Handling Award 2002 [AP815893 – Fed]
18
Note 2
1.
The purpose of the exception above is to maintain the status quo in respect of employers who,
as at the date of effect of the common rule declaration, are making superannuation contributions into a
complying superannuation fund. These employers will not be required to change their existing
arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an
agreement between the employer and employees. For the avoidance of doubt, the exception continues
to apply to employers who are making superannuation contributions to complying superannuation
funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry
(Supervision) Regulations 1994 (Cth), or as amended or replaced by other legislation) into which
benefits are transferred, after the date of effect of the common rule declaration, in accordance with the
Superannuation Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further,
"existing arrangements" includes the making of contributions to such funds.
2.
The exception is in respect of current and future employees of the employers who are entitled
to the benefit of the exemption.
3.
The exception does not apply to new businesses which are established after the date on which
the award is declared to have effect as a common rule.
4.
The exception only applies to employers who are required to apply the terms of the award by
virtue of the Common Rule declaration. It does not apply to employers who are named respondents to
the award or who are parties bound by virtue of the membership of an employer organisation.
5.
The exception applies subject to any Commonwealth legislation to the contrary.
Note 3
1.
Subject to s.113 of the Workplace Relations Act 1996 and any order of the Commission, an
award dealing with particular matters continues in force until a new award is made dealing with the
same matters (see s.148 of the Workplace Relations Act 1996).
Storage Services Materials Handling Award 2002 [AP815893 – Fed]
19
Storage Services Miscellaneous Stores Award 2001 [AP808695 –
Fed]
Clause 5
Coverage of Award
This award covers work performed in or in connection with the receiving, unloading, handling,
storing, packing, sorting, preparation of material to order, loading, despatch and delivery of goods and
merchandise.
Clause 6
Parties Bound
This award shall be binding upon the employers named in Schedule A and Schedule B, upon the
National Union of Workers and its officers and members, as to the employment of any employees of
the said employers, whether members of the union or not.
Clause 7
coverage
Persons, organisations, industries and employers and exempted from
7.1
This award shall not be binding on ICI Australia Operations Pty Ltd in respect of its
operations as follows:
7.1.1 In South Australia in respect of the company's operations that are covered by the industrial
agreements registered in the Industrial Commission of South Australia between the National Union of
Workers and ICI Australia Operations Pty Ltd;
7.1.2
and shall apply to the sales office situated at Marleston.
7.2
In South Australia this award shall not apply to storemen and packers employed in the
industry of making (including icing, ornamenting or decorating), baking, cutting, assembling, sorting,
wrapping or packing of cake, pastry and smallgoods.
7.3
This award shall apply to Iplex Pipelines Australia Pty. Ltd., corner of Hogarth Road and
Philip Highway, Elizabeth, South Australia 5112 only as to employees of that company employed and
paid as storemen and/or packers in the fittings and despatch stores and pipe yard section.
insert text from award
Schedule A
Victoria
Southern Grains Pty Ltd, Murrell Street, Winchelsea, 3241
South Australia
A. Haros, 111A Grand Junction Road, Rosewater, 5013
Browntree Trading Company Pty Ltd, 266 Morphett Street, Adelaide, 5000
National Foods Milk Ltd, 19-31 London Road, Mile End, 5031
Storage Services Miscellaneous Stores Award 2001 [AP808695 – Fed]
20
Iplex Pipelines Australia Pty. Ltd., corner of Hogarth Road and Phillip Highway, Elizabeth Highway,
Elizabeth South, 5112
Colgate Palmolive, 9 Lum Court, Export Park, Adelaide, 5000
Radio Rentals, 108 Main North Road, Prospect, 5082
Schedule B
South Australia
ICI Australia Operations Pty Ltd, PO Box 75, Cownandilla, 5033
Sellers Atkins Ltd, 29 South Road, Hindemarsh, 5007
Southern Egg Pty. Ltd., 41-45 Richmond Road, Keswick, 5035
United Hardware Co-Op Ltd, 20 Wilson Street, Royal Park, 5014
South Pacific Tyres Distribution Centre, 7 Albert Street, Windsor Gardens, 5087
Storage Services Miscellaneous Stores Award 2001 [AP808695 – Fed]
21
Storage Services Retail Victorian Warehouses Award 2000
[AP796002 – Fed]
Clause 3
Incidence of Award
This award shall be binding on the employers named in Schedule A, The National Union of
Workers and its officers and members and the Shop, Distributive and Allied Employees
Association and its officers and members in respect of the employees employed in Victoria in the
warehouses of employers listed in Schedule A.
Schedule A
List of Respondents
Buckley & Nunn Ltd
60 Leicester Street, Carlton, 3053
G.J. Coles & Coy. Ltd
533 Plumber Street, Port Melbourne, 3207
Salmon Street, Port Melbourne, 3207
268 Chesterville Road, Moorabbin, 3189
1 Mini Street, Yarraville, 3013
Boundary Road, Braeside, 3195
Myer Melbourne Ltd
Doherty Road, Altona North, 3025
Henry Street, Collingwood, 3066
258 Queensberry Street, Carlton, 3053
Farnsworth Avenue, Footscray, 3011
Myer Southern Stores Ltd
101 Keys Road, Moorabbin, 3189
22 Jessey Road, Bayswater, 3153
Edgecombe Crescent, Moorabbin, 3189
James McEwan & Co. Pty. Ltd
Cnr Dandenong Road and Garden Street,
Clayton, 3168
4 Railway Avenue, Huntingdale, 3166
61-63 Glenvale Crescent, Mulgrave, 3170
Waltons Ltd
13-33 Alfred Street, Blackburn, 3130
522 Spencer Street, Melbourne, 3000
Woolworths (Vic) Pty Ltd trading as Safeway
and Mulgrave Distribution Centres.
in respect of its operations at Bayswater, Somerton
Storage Services Retail Victorian Warehouses Award 2000 [AP796002 – Fed]
22
Storage Services Steel Distributing Award 2000 [AP795979 – Fed]
Clause 6
Coverage of Award
The industry and calling covered by this award is work in or in connection with receiving, unloading,
storing, packing, sorting, handling, cutting material to order, preparation for dispatch, loading and
dispatch of steel or any similar material. This award will apply throughout the Commonwealth of
Australia.
Clause 7
Parties Bound
7.1
This award will be binding upon the National Union of Workers and its members, the
Australian Industry Group and its members, and upon the respondents listed in Schedule of
Respondents A in respect of persons engaged in the operations covered by this award whether such
persons are members of the union or not.
7.2
This award will be binding upon the Australian Workers Union and its members and upon
the Respondents listed in Schedule B in respect of persons engaged in the operations and locations
covered by this award whether such persons are members of the Union or not.
7.3
In the event that Schedule B respondents and Schedule A respondents overlap, the Schedule B
respondency will override the Schedule A respondency in respect to the specified location named in
Schedule B.
7.4
This award will be binding upon the Australian Workers Union and the National Union of
Workers and its members and upon the respondents listed in schedules to this award in respect of
persons engaged in the operations and locations covered by this award whether such persons are
members of these unions or not.
7.5
In the event that a Schedule B respondent relocates its operations or changes its name or is
taken over by another company the National Union of Workers will not oppose the Australian
Workers Union’s right to seek to ensure the respondency list in Schedule B is adjusted accordingly.
Schedule of Respondents A
Atlas Steels (Australia) Pty Ltd, Lynch Road, Altona North, Victoria, 3021
in respect to any of its storage and distribution centres located within Australia and subject to this
award, but excluding any storage and distribution centre of the company cited under Schedule B of the
award.
A E Baker & Co, 3 Forge St, Blacktown, NSW, 2148.
Dane Taylor & Co Pty Ltd, 64-86 Normanby Road, South Melbourne, Victoria, 3205.
John Danks & Sons Pty Ltd, 621 Whitehorse Road, Mitcham, Victoria, 3132.
Email Metals Pty Ltd, 88 Ricketts Road, Mount Waverley, Victoria, 3149
trading as:
Union Steel; and
Pipeline Supplies of Australia.
Storage Services Steel Distributing Award 2000 [AP795979 – Fed]
23
G A M Steel Pty Ltd, Lynch Road, Brooklyn, Victoria, 3205.
Horans Steel Pty Ltd, 165-169 Newton Road, Wetherill Park, NSW, 2164.
Permewans Pty Ltd, Wangaratta Road, Yarrawonga, Victoria, 3730.
Sheet Metal Supplies Pty Ltd, 69-73 Gow Street, Padstow, NSW, 2211.
Southern Sheet & Coil Pty Ltd, 319 Horsley Road, Milperra, NSW, 2214
Steelmark, A Division of the ANI Corporation Limited, Manchester Road (West), Auburn, NSW,
2144
trading as:
Steelmark - Eagle & Globe in Queensland, New South Wales, Victoria and Tasmania;
Austral Steel - Eagle & Globe in South Australia;
Sandovers - Eagle & Globe in Western Australia; and
Steelmark in Western Australia.
Surdex Industries Pty Ltd, 204 Barry Road, Campbellfield, Victoria, 3061.
S T Y Metaland, 10-12 Gibson Street, Wangaratta, Victoria, 3677.
Bohler Steels Pty Ltd, 129-135 McCredie Road, Guildford, NSW, 2161.
ASSAB Steels Pty Ltd, 61 Bernoulli Street, Darra, Queensland, 4076.
Harsteel Pty Ltd, 178 Colchester Road, Kilsyth, Victoria, 3137.
Schedule of Respondents B
Atlas Steels (Australia) Pty Ltd, Lynch Road, Altona North, Victoria, 3025.
Steelmark Eagle and Globe, A Division of ANI Corporation Limited, 7 Birnie Avenue, Lidcombe,
NSW, 2164
(and in the following locations - Wagga Wagga, Dubbo, Auburn, Cardiff and Unanderra).
Southern Steel Supplies Pty Ltd, 499 Princes Highway, Fairy Meadow, NSW, 2519.
A E Baker & Company, 3 Forge Street, Blacktown, NSW, 2148.
Storage Services Steel Distributing Award 2000 [AP795979 – Fed]
24
Declaration
[Common rule declared by PR952845 from 01Jan05]
Further to the decision issued by the Commission on 10 November 2004 [PR953119] and pursuant to
ss.141 and 493A of the Workplace Relations Act 1996 (the Act), the Commission makes the following
declaration for a common rule award:
1.
In this Declaration:
1.1
time;
the award means the Storage Services Steel Distributing Award 2000, as varied from time to
1.2
employees means employees in the industry who perform work of a kind that is covered by
the award;
1.3
employers means employers who employ employees;
1.4
the industry means the industry and calling of work in or in connection with receiving,
unloading, storing, packing, sorting, handling, cutting material to order, preparation for dispatch,
loading and dispatch of steel or any similar material.
2.
That save for and subject to the matters referred to in clauses 4 to 7 below, the whole of the
terms of the award, as varied from time to time, except those specified in clause 3 below, shall be:
2.1
a common rule for the industry in Victoria and known as the Storage Services Steel
Distributing Victorian Common Rule Declaration 2005;
2.2
binding on all employers in respect of the employment by them of employees;
2.3
binding on all employees; and
2.4
binding on the National Union of Workers and the registered organisations respondent to the
award.
3.
The following clauses of the award are not included in the Storage Services Steel Distributing
Victorian Common Rule Declaration 2005:
3.1
clause 5 - Commencement date of award and period of operation;
3.2
clause 6 - Coverage of award; and
3.3
clause 7 - Parties bound.
4.
Subject to 4.1 to 4.5 below, all provisions in the Storage Services Steel Distributing Victorian
Common Rule Declaration 2005 are to operate from 1 January 2005.
4.1
With respect to annual leave, only periods of annual leave commencing on or after 31 January
2005 attract leave loading.
4.2
With respect to redundancy payments for employees of employers who have fewer than 15
employees, only service on or after 1 January 2005 is to be taken into account for the purpose of
calculating service.
Storage Services Steel Distributing Award 2000 [AP795979 – Fed]
25
4.3
With respect to redundancy payments for employees of employers who have 15 employees or
more, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating
service. [Note: the agreement in respect of this issue is without prejudice to the position a party may
put in roping-in proceedings.]
4.4
2004.
Any accident make-up pay clause is to apply in relation to any injury on or after 3 August
4.5
The wages clauses (including all allowances and penalty payments) are to commence
operation from the first pay period on or after Monday, 3 January 2005 provided that in all cases the
wages clauses commence operation no later than 5 January 2005.
5.
The Storage Services Steel Distributing Victorian Common Rule Declaration 2005 shall not
apply to employers respondent by any means to any other award of the Commission in respect of the
employment by them of employees covered by that award.
6.
This declaration shall not apply to a person with a disability who is eligible for a Disability
Support Pension and who is employed by a supported employment service that receives funding under
the Disability Services Act 1986 (Cth) to provide support for that person. [See Note 1 below.]
7.
An employer who is making superannuation contributions into a complying superannuation
fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an
employee covered by this declaration, prior to the date of effect of this declaration is exempt from any
provision in the award which specifies the fund or funds into which superannuation contributions are
to be paid. [See Note 2 below.]
8.
In the event of a dispute about the entitlement of an employer to set-off entitlements and
benefits provided under a contract of employment made prior to the date of this declaration against
entitlements and benefits required to be provided under the Storage Services Steel Distributing
Victorian Common Rule Declaration 2005, the matter may be referred to a Board of Reference,
consisting of a member of the Commission, which shall determine whether or not such a set-off should
be permitted having regard to what is fair and equitable in all the circumstances of the case, without
regard to technicalities and legal forms.
8.1
An appeal lies from a decision of a Board of Reference to a Full Bench of the Commission.
8.2
This clause shall apply for a period of twelve months from the commencement date of the
Storage Services Steel Distributing Victorian Common Rule Declaration 2005.
8.3
Any registered organisation bound by the terms of the Storage Services Steel Distributing
Victorian Common Rule Declaration 2005 shall be notified of the time and date of hearing in relation
to any application made pursuant to this provision.
9.
Nothing in this declaration reduces or in any way detracts from any accrued rights to any
forms of leave including sick leave, annual leave, long service leave or parental leave to which
employees or any of them have become entitled by accrual or otherwise prior to the commencement
date in clause 10 below.
10.
This declaration shall be an award of the Commission, shall come into force on 1 January
2005 and shall remain in force for a period of three months and thereafter in accordance with the Act.
[See Note 3 below.]
Storage Services Steel Distributing Award 2000 [AP795979 – Fed]
26
Note 1
1.
Disability Support Pension means the Commonwealth pension scheme to provide income
security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as
amended from time to time, or any successor to that scheme.
2.
The intention of this provision is limited to preventing the award from applying to sheltered
workshops (i.e. supported employment services) - it does not prevent the award from applying to
employees with disabilities in open employment.
3.
Leave is reserved for any party to have this issue reconsidered in the light of any
developments in the national process which is currently considering workplace relations issues for
sheltered workshops. This national process includes the Disability Sector National Industry
Consultative Council and any related applications that seek award coverage for sheltered workshops.
Note 2
1.
The purpose of the exception above is to maintain the status quo in respect of employers who,
as at the date of effect of the common rule declaration, are making superannuation contributions into a
complying superannuation fund. These employers will not be required to change their existing
arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an
agreement between the employer and employees. For the avoidance of doubt, the exception continues
to apply to employers who are making superannuation contributions to complying superannuation
funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry
(Supervision) Regulations 1994 (Cth), or as amended or replaced by other legislation) into which
benefits are transferred, after the date of effect of the common rule declaration, in accordance with the
Superannuation Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further,
"existing arrangements" includes the making of contributions to such funds.
2.
The exception is in respect of current and future employees of the employers who are entitled
to the benefit of the exemption.
3.
The exception does not apply to new businesses which are established after the date on which
the award is declared to have effect as a common rule.
4.
The exception only applies to employers who are required to apply the terms of the award by
virtue of the Common Rule declaration. It does not apply to employers who are named respondents to
the award or who are parties bound by virtue of the membership of an employer organisation.
5.
The exception applies subject to any Commonwealth legislation to the contrary.
Note 3
1.
Subject to s.113 of the Workplace Relations Act 1996 and any order of the Commission, an
award dealing with particular matters continues in force until a new award is made dealing with the
same matters (see s.148 of the Workplace Relations Act 1996).
Storage Services Steel Distributing Award 2000 [AP795979 – Fed]
27