THE NORTHCOTT SOCIETY (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 5752 of 2003)

 

 

REVIEWED AWARD

 

1.          Insert in alphabetical order under the subheading "Industrial Considerations", in clause 1, Arrangement of the award published 8 September 2000 (318 I.G. 490), the following new clause number and subject matter:

 

42.  Reasonable Hours

 

2.          Rename in the subheading of "Industrial Considerations", in clause 1, Arrangement, clause 39, Association Representative to read as clause 39, Union Representative.

 

3.          Delete the words "Health and Research Employees' Association of New South Wales" wherever appearing in clause 3, Parties, and insert in lieu thereof the following:

 

Health Services Union

 

4.          Delete the definition of "Association" appearing in clause 4, Definitions, and insert in lieu thereof the following:

 

"Union" means the Health Services Union

 

5.          Delete the word "Association" wherever appearing in clauses 14. Redundancy, 19. Public Holiday, 24. Hours of Work, 25. Roster of Hours, 30. Disputes Procedure, 31. Disciplinary Procedures, 32. Staff Transfers, Excess Fares and Travelling, 33. Productivity, 36. New Positions, 39. Union Representative, 40. Notice Board and insert in lieu thereof the following:

 

Union

 

6.          Insert after clause 41, Recognition of Qualifications & Previous Service, the following new clause 42.

 

42.  Reasonable Hours

 

(i)         Subject to sub-clause (ii) an employer may require an employee to work reasonable overtime at overtime rates.

 

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

 

(iii)       For the purposes of sub-clause (ii) what is reasonable or other wise will be determined having regard to:

 

(a)        any risk to employee health and safety.

 

(b)        The employee’s personal circumstances including any family and carer responsibilities.

 

(c)        The needs of the workplace or enterprise.

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

 

(e)        Any other relevant matter.

 

7.          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 NSW on 28 April 1999 (310 I.G. 359) and take effect on 12 December 2003.

 

This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

 

 

J. P. GRAYSON  D.P.

 

 

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Printed by the authority of the Industrial Registrar.