WHOLESALE FRUIT AND VEGETABLE EMPLOYEES' (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Shop,
Distributive and Allied Employees' Association, New South Wales, industrial
organisation of employees.
(No. IRC 2077 of 2004)
Before The Honourable
Justice Schmidt
|
15 April 2004
|
VARIATION
1. Insert after
subclause (iii) of clause 4, Overtime, of the award published 8 September 2000
(318 I.G. 552) the following new subclause:
(iv) Subject to
paragraph (a) of this subclause, an employer may require an employee to work
reasonable overtime at overtime rates or as otherwise provided for in this
award.
(a) 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.
(b) For the
purposes of paragraph (a) above, what is unreasonable or otherwise will be
determined having regard to:
(i) any risk to
employee health and safety;
(ii) the
employee’s personal circumstances, including any family and carer
responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
2. Delete
subclause (c) of clause 18, Supported Wage, and insert in lieu thereof the
following:
(c) Employees to
whom this clause applies shall be paid the appropriate percentage of the minimum rate of pay
prescribed by this award for the class of work which the person is performing,
according to the following schedule:
Assessed Capacity
(subclause (d))
|
Percentage of
Prescribed Award Rate
|
10*
|
10
|
20
|
20
|
30
|
30
|
40
|
40
|
50
|
50
|
60
|
60
|
70
|
70
|
80
|
80
|
90
|
90
|
(Provided that the minimum amount payable shall not be
less than $60.00 per week.)
* Where a person’s assessed capacity is 10 per cent,
they shall receive a high degree of assistance and support.
3. Delete
paragraph (iii) of subclause (i) of the said clause 18 and insert in lieu
thereof the following:
(iii) The minimum
amount payable to the employee during the trial period shall be no less than
$60.00 per week.
4. Delete Table
2 - Other Rates and Allowances, of Part B, Monetary Rates, and insert in lieu
thereof the following:
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
4
|
Meal Allowance - Commencing work before regular
|
10.30
|
|
|
time or working after 5pm
|
|
5. This
variation will take effect on and from the first full pay period commencing on
or after 15 April 2004.
M. SCHMIDT J.
____________________
Printed by
the authority of the Industrial Registrar.