HORTICULTURAL INDUSTRY (STATE) CONSOLIDATED AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Workers' Union, New South Wales, industrial organisation of employees.

 

(No. IRC 3511 of 2003)

 

 

VARIATION

 

1.          Delete clause 6, Safety Net Commitments of the award published 25 February 2000 (313 I.G. 783), and insert in lieu thereof the following:

 

6.  Safety Net Commitments

 

The rates of pay in this award include the adjustments payable under the State Wage Case 2003.  These adjustments may be offset against:

 

(a)        any equivalent overaward payments, and/or

 

(b)        award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

 

2.          Insert the following new subclause (d) in clause 2, Hours of Work:

 

(d)        Reasonable Overtime

 

(i)         Subject to paragraph (ii) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

(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 paragraph (ii) above, what is unreasonable or otherwise 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.

 

3.          Delete Section 1 - Adult Employees and Section 2 - Leading Hands of Table 1 - Rates of Pay, and Table 2 - Allowances of Part B, Monetary Rates and insert in lieu thereof the following:

 

Section 1 - Adult Employees

 

Farm	Wage Rate	Ordinary Time	Casual	Casual	Casual
Employee	per week	Base	Ordinary Time	Ordinary	Ordinary Time
		Hourly Rate	Incl.	Time	Sunday
			1/12 loading	Saturday
	$	$	$	$	$
Level 6	548.40	14.43	17.98	22.48	26.97
Level 5	542.20	14.27	17.78	22.23	26.67
Level 4	519.00	13.66	17.02	21.28	25.53
Level 3	511.00	13.45	16.76	20.95	25.14
Level 2	490.20	12.90	16.07	20.09	24.11
Level 1	469.30	12.35	15.39	19.24	23.09

 

Section 2 - Leading Hands

 

Leading Hand Allowance:
More than 2 and not more than 10 employees	22.80 per week	23.55 per week
10 or more employees	34.30 per week	35.40 per week

 

Table 2 - Allowances

 

Item No	Clause No	Brief Description	SWC 2002 Amount	SWC 2003 Amount
			$	$
1	2(c)	Meal Allowance (per meal)	9.15 per meal	9.40 per meal
2	22(b)	Sleeping away from home (per
		night)	44.80 per night	46.85 per night
3	23(b)	Wet Money (per day)	3.40 per day	3.50 per day
4	25	First-aid Allowance (per day)	2.10 per day	2.15 per day

 

NOTE: These allowances are contemporary for expense related allowances as at 30 March 2003 and for work related allowances are inclusive of adjustment in accordance with the May 2003 State Wage Case decision of the Industrial Relations Commission of New South Wales.

 

4.          This variation shall take effect from the first pay period to commence on or after 1 November 2003, and remain in force for a period of 12 months.

 

 

 

D. W. RITCHIE, Commissioner.

 

 

 

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Printed by the authority of the Industrial Registrar.