STATE WORKING HOURS CASE 2003

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

FULL BENCH

 

Summons to Show Cause - Commission on its own initiative pursuant to Part 3 of Chapter 2 of the Industrial Relations Act 1996.

 

(No. IRC 4314 of 2002)

 

 

ORDER

 

The Commission makes the following orders:

 

1.          Pursuant to s. 50 and s. 52 of the Industrial Relations Act 1996, the Full Bench of the Industrial Relations Commission of New South Wales orders, for the purpose of awards and other matters under the Act, the adoption with modifications as contained in this decision, of the principles and provisions of the National decision of 23 July 2002.

 

2.          Pursuant to order 1, the Commission orders that on application, those awards that specify ordinary time and provide for overtime shall be varied by the insertion of a provision in terms of, or to the effect of, the following clause:

 

1.1        Subject to clause 1.2 an employer may require an employee to work reasonable overtime at overtime rates.

 

1.2        An employer may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

1.3        For the purposes of clause 1.2 what is unreasonable or otherwise will be determined having regard to:

 

1.3.1    any risk to employee health and safety;

 

1.3.2    the employee's personal circumstances including any family and carer responsibilities;

 

1.3.3    the needs of the workplace or enterprise;

 

1.3.4    the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

1.3.5    any other relevant matter.

 

3.          These orders shall operate on and from 10 April 2003 until further order of the Commission.

 

 

 

F. L. WRIGHT  J, President.

M. J. WALTON  J, Vice-President.

R. P. BOLAND  J.

P. J. STAUNTON  J.

I. TABBAA, Commissioner.

 

 

 

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Printed by the authority of the Industrial Registrar.