SOCIAL AND COMMUNITY SERVICES EMPLOYEES

 (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Services Union of N.S.W., industrial organisation of employees.

 

(No. IRC 4380 of 2003)

 

 

VARIATION

 

1.          Delete subclause 6.1 of clause 6, Fixed Term Employees, of the award published 2 August 2002 (335 I.G.559) and insert in lieu thereof the following:

 

6.1        A fixed term employee may be engaged to work on either a full-time or part-time basis:

 

(a)        For completion of a specifically funded task(s) or project; not subject to recurrent funding; or

 

(b)       to relive and employee who is undertaking a specifically funded task (s) or projects for a defined period; or

 

(c)        To relieve in a vacant position arising from an employee taking leave in accordance with this award; or

 

(d)       To relieve in a vacant position arising from an employee taking leave without pay in conjunction with parental leave; or

 

(e)        For the temporary provision of specialist skills that are not available within the organisation for a specified period of time; or

 

(f)        To fill short term vacancies during the recruitment and selection process resulting from the cessation of employment of a permanent employee;

 

Provided that the term shall not exceed 12 months in the case of paragraphs (c) (e) and (f) of this clause.

 

2.          Delete subclause 11.7 of clause 11, Overtime and insert in lieu thereof the following:

 

11.7      Subject to Clause 11.8 an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided fro in this award.

 

11.8      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

 

11.9      For the purpose of clause 11.8 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's responsibilities;

 

(c)        the needs of the work place or enterprise;

 

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

 

(e)        any other relevant matter

 

3.          Delete clause 31, First Aid Allowance, and insert in lieu thereof the following:

 

31.  First Aid Allowance

 

31.1      An employee who holds a current first aid certificate issued by the St. John Ambulance Association or Australian Red Cross Society or equivalent qualification and who is required by their employer to be available to perform first aid duty at their workplace shall be paid an allowance as set out in Item 1 of Table 2 with a minimum payment of one day.

 

Note: It is not the intention of this clause to require an employer to pay the First Aid Allowance to an employee more than once per shift.  To avoid doubt, where an employee performs work on a shift which extends from one day to the next, the employer shall only be required to pay one First Aid allowance to the employee.

 

4.          This variation shall take effect on or after 20 October 2003.

 

 

 

J. McLEAY, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.