MISCELLANEOUS WORKERS HOME CARE INDUSTRY (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.

 

(No. IRC 3277 of 2003)

 

 

VARIATION

 

1.          Delete the first paragraph appearing in clause 5, Wage Rates, of the award published 4 August 2000 (317 I.G. 618), and insert in lieu thereof the following:

 

The rates of pay in this award include the adjustments payable under the State Wage Case of 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.          Add a new subclause (v) to clause 15 Overtime as follows:

 

(v)

 

(a)        Subject to subclause (b), an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

(b)       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.

 

(c)        For purposes of subclause (b) what is unreasonable or otherwise will be determined having regard to:

 

(1)        any risk to employee health and safety;

 

(2)        the employee's personal circumstances including any family and carer responsibilities;

 

(3)        the needs of the workplace or enterprise;

 

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

 

(5)        any other relevant matter.

 

3.          Delete Part B, Monetary Rates, and insert in lieu thereof the following:

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

 

	Former rate per	SWC	Total
Classification	week	May 2003	Rate per week
	$	$	$
Field Staff Grade 1	496.00	17.00	513.00
Field Staff Grade 2	519.00	17.00	536.00
Field Staff Grade 3	555.00	17.00	572.00
Live-in Houseworker Grade 1*	639.50	17.00	656.50
Live-in Houseworker Grade 2*	718.20	17.00	735.20
Live-in Houseworker Grade 3*	845.40	15.00	860.40
*For part-time and casual rates refer clause 7 (iii) and 8 (ii) of the award. Wage totals for Live-in
Houseworker rates include the All Incidents Loading per clause 5 (iv) (d) of the award which is reflected in
the total rate. The Live-In Houseworker Grade 3 rate also includes a 3.5% special loading which is also
reflected in the wage total.

 

Table 2 - Other Wage Rates

 

	Field Staff	Field Staff	Field Staff
Rate	Grade 1	Grade 2	Grade 3
	$	$	$
Part-time minimum daily payment - hourly rate	13.50	14.11	15.05
Casual per hour includes 20% loading	16.20	16.93	18.06
Composite per hour includes 20%	16.20	16.93	18.06
Composite casual per hour includes 20% plus 20%	19.44	20.32	21.67

 

Table 3 - Other Rates and Allowances

 

Item No.	Clause No.	Brief Description	Amount
			$
1	9(ii)	Shift Allowance	6.16.for each break in
			the shift
2	13(ii)	Sleep Over Allowance	32.36 per night
3	16	Meal Money (overtime)	7.86
4	29(i)(a)	Vehicle Allowance	0.62 per kilometre

 

4.          This variation shall take effect from the beginning of the first full pay period to commence on or after 15 August 2003.

 

 

J. McLEAY, Commissioner.

 

 

______________________________

 

 

Printed by the authority of the Industrial Registrar.