AP784988CRV - Insurance Industry Award 1998
[Common rule declared by PR953223 from 01Jan05]
1. In this Declaration:
1.1 the award means the Insurance Industry Award 1998, 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 all work performed in clerical, secretarial/keyboard, administrative, supervisory, technical, managerial and specialist roles in relation to or in connection with the insurance business.
2. That save for and subject to the matters referred to clauses 4 to 7 below, the whole of the terms of the award, as varied from time to time, except for those specified in clause 3 below, shall be:
2.1 a common rule for the industry in Victoria and known as the Insurance Industry 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 Finance Sector Union of Australia as the registered organisation respondent to the award.
3. The following clauses of the award are not included in the Insurance Industry Victorian Common Rule Declaration 2005:
3.1 Clause 5 – Commencement date of award and period of operation; and
3.2 Clause 6 – Parties bound by award.
4. Subject to 4.1 to 4.5 below, all provisions in the Insurance Industry 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 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 The workers compensation make up pay clause is to apply in relation to any injury on or after 3 August 2004;
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.
5. The Insurance Industry 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 founding under the Disability Services Act 1986 (Cth) to provide support for that person. [See Note 1 below.]
7. There are no provisions in the award specifying the fund or funds into which superannuation contributions are to be made by an employer.
8. In the event of a dispute about the entitlement of an employee 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 Insurance Industry 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 Insurance Industry Victorian Common Rule Declaration 2005.
8.3 Any registered organisation bound by the terms of the Insurance Industry 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 2 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 light of any developments in the national process which is currently considering workplace relations 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. 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).
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