VEHICLE INDUSTRY - REPAIR SERVICES AND RETAIL (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 706 of 2005)

 

 

REVIEWED AWARD

 

1.          Delete subclause (iii), of clause 3, Casual Employment, of the award published 22 November 2002 (337 I.G. 65), and insert in lieu thereof the following:

 

(iii)       For casual driveway attendants and casual console operators, refer to subclauses (3) and (4) of clause 6, Wage Rates.

 

2.          Delete paragraph (a) (i), of clause 5, Payment of Wages, and insert in lieu thereof the following:

 

(i)         All wages shall be paid weekly or with the agreement of the majority of the employees working under this Award fortnightly.  Such wages shall be paid in cash, provided that with the authority in writing of the employee and subject to the provisions of Part 4 of the Industrial Relations (General) Regulation 2001, payment may be made either by cheque or by payment into a bank account specified in the authority; provided further that such authority may be withdrawn at any time by not less than seven days' notice in writing to the employer.

 

3.          Delete paragraph (b) (i), of clause 11, Hours of Work, and insert in lieu thereof the following:

 

(i)         The commencing times of any employee's daily hours once fixed in accordance with clause 12 or subclause (c) hereof may vary from day to day in the week but not by more than two hours.  Provided that in the implementation of the above work cycles referred to in subclause (a) of this clause, 12 hours shall be the maximum number of ordinary hours per day, and further that any agreement pursuant to paragraph (i) of subclause (b) of clause 12 or employer decision pursuant to paragraph (ii) of subclause (b) of clause 12 which provides that ordinary hours of work may exceed 10 hours per day, shall have its terms and conditions ratified by The Industrial Relations Commission of New South Wales.  This provision shall not operate so as to override any State transport legislation which limits the number of ordinary hours which may be worked on any day.

 

4.          Delete paragraph (d) (iii), of clause 12, Implementation of 38 hour Week, and insert in lieu hereof the following:

 

(iii)       In the absence of agreement either party may refer the matter to the Industrial Relations Commission of New South Wales or to the Vehicle Industry (State) Industrial Committee for resolution.

 

5.          Delete paragraph (4) (a), of clause 24, Personal/Carer's Leave, and insert in lieu thereof the following:

 

(a)        For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, and despite the provisions of paragraph (iv) of subclause (a) of Clause 18, Overtime, the following provisions shall apply.

 

6.          Delete clause 36, Time and Wages Record, and insert in lieu thereof the following:

 

36.  Time and Wages Record

 

See Industrial Relations (General) Regulation 2001, Part 4, Pay Slips and Employers' Records.

 

7.          Delete paragraph (2) (e), of clause 40, Traineeships, and insert in lieu thereof the following:

 

(e)        Training Agreement means an instrument which establishes a Traineeship under the Apprentice and Traineeship Act 2001.

 

8.          Delete paragraph (4) (d), of the said clause 40, and insert in lieu thereof the following:

 

(d)        A traineeship shall not be terminated before its conclusion, except in accordance with the Apprentice and Traineeship Act 2001.

 

9.          Delete subparagraph (4) (g) (i), of the said clause 40, and insert in lieu thereof the following:

 

(i)         The Training Agreement may restrict the circumstances under which the Trainee may work overtime and shiftwork in order to ensure the training program is successfully completed.

 

10.        Delete the reference "clause 7(a)" appearing in paragraph (5) (h), of the said clause 40, and insert in lieu thereof the following:

 

paragraph (f)

 

11.        Insert after subclause (c), of clause 44, Area, Incidence and Duration, the following new subclauses:

 

(d)        The changes made to the award pursuant to the Award Review pursuant to 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 NSW on 28 April 1999 (310 I.G. 359) and take effect on 2 June 2005

 

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

 

 

 

P. J. SAMS  D.P.

 

 

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Printed by the authority of the Industrial Registrar.