RESTAURANTS, &c., EMPLOYEES (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1800 of 2004)

 

 

REVIEWED AWARD

 

1.          Delete the word "undertakingup" in subparagraph 3.1.1.1 of clause 3, Classification Structure, of the award published 19 January 2001 (321 I.G. 759), and insert in lieu thereof the following:

 

"undertaking up"

 

2.          Delete the word "the" after the words "full-time or part-time" in paragraph 5.10.1 of clause 5, Hours.

 

3.          Delete the word "win" in subclause 5.11 of clause 5, and subclause 7.2 of clause 7, Meal Break/Rest Pause, and insert in lieu thereof the following:

 

"will"

 

4.          Delete the words "Annual Holidays Act" in paragraph 9.3.2 of clause 9, Wages, and insert in lieu thereof the following:

 

"Annual Holidays Act 1944"as amended.

 

5.          Delete paragraph 11.1.3 of clause 11, Overtime and Penalty Rates, and insert in lieu thereof the following:

 

11.1.3   overtime being more than the ordinary daily working hours set out in subclause 5.4.

 

6.          Delete the words "hat" after the words "within one week before" of subclause 12.4 of clause 12, Public Holidays, and insert in lieu thereof the following:

 

"that"

 

7.          Delete the reference "17 1/2" in subclause 17.1 of clause 17, Annual Leave, and insert in lieu thereof the following:

 

"17 ½%"

 

8.          Delete clause 18, Parental Leave, and insert in lieu thereof the following:

 

18.  Parental Leave

 

An employee, is entitled to unpaid maternity leave, paternity leave or adoption leave under the Industrial Relations Act 1996.

 

9.          Delete the word "poof" in subclause 19.3 of clause 19, Sick Leave, and insert in lieu thereof the following:

 

"proof"

10.        Delete subclause 21.4 of clause 21, Bereavement Leave, and insert in lieu thereof the following:

 

21.4      An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has already been granted other leave.

 

11.        Delete the words "subclauses 20.2, 20.1.3, 20.1.4 and 20.1.5 of clause 20" in subclause 21.5 of clause 21, Bereavement Leave, and insert in lieu thereof the following:

 

"subclauses 20.2, 20.1.3, 20.1.4 of clause 20"

 

12.        Delete the words "Item 2 of Table 3 of Part B" of subclause 23.1 of clause 23, Laundry Allowance, and insert in lieu thereof the following:

 

"Item 3 of Table 2 of Part B"

 

13.        Delete the words "Industrial Relations Commission" in the last paragraph of subclause 26.6 of clause 26, Redundancy, and insert in lieu thereof the following:

 

"Industrial Relations Commission of New South Wales"

 

14.        Delete the words "shaft" in subparagraph 27.4.2.2 of clause 27, Supported Wage, and insert in lieu thereof the following:

 

"shall"

 

15.        Delete the reference "clause 28.4" in subparagraph 27.4.5.4 of clause 27, and insert in lieu thereof the following:

 

"27.4"

 

16.        Delete the word "Applications" in subclause 28.1 of clause 28, Traineeships, and insert in lieu thereof the following:

 

"Applications"

 

17.        Delete the words "Occupational Health and Safety Act 1983" in paragraph 28.4.5 of clause 28, Traineeships, and insert in lieu thereof the following:

 

"Occupational Health and Safety Act 2000"

 

18.        Delete the word "he" in paragraph 29.1.3 of clause 29, Grievance and Handling and Disputes Procedure, and insert in lieu thereof the following:

 

"be"

 

19.        Delete the word "graduate" in paragraph 29.2.1 of clause 29, and insert in lieu there of the following:

 

"graduated"

 

20.        Delete the words "win" in clause 31, Employee Representative and Union Business, and insert in lieu thereof the following:

 

"will"

 

 

 

 

 

21.        Delete subclause 32.3 of clause 32, Anti-Discrimination, and insert in lieu thereof the following:

 

32.3      Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

22.        Delete subclause 33.3 of clause 33, Area Incidence and Duration, and renumber existing clauses accordingly.

 

23.        Insert after subclause 33.3 of clause 33, Area, Incidence and Duration, the following new subclause.

 

33.4      The changes made to the award pursuant to the Award Review under 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 New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 22 June 2004.

 

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

 

 

 

R. W. HARRISON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.