CLERICAL AND ADMINISTRATIVE EMPLOYEES (JOHN FAIRFAX PUBLICATIONS) AWARD
2000
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1726 of 2004)
Before Mr Deputy
President Grayson
|
15 July 2004
|
REVIEWED AWARD
1. Insert in
numerical order in clause 2, Arrangement of the award published 7 September
2001 (327 I.G. 719) the following new clause number and subject matter:
11A. Reasonable
Hours
2. Delete
subclause (viii) of clause 3, Definitions and insert in lieu thereof the
following:
(viii) "Union"
shall mean the New South Wales Local Government, Clerical, Administrative,
Energy, Airlines and Utilities Union.
3. Insert after
clause 11, Weekend Penalty Rates, the following new clause:
11A. Reasonable Hours
(i) Subject to
subclause 11A(ii) an employer may require an employee to work reasonable
overtime at overtime rates.
(ii) 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.
(iii) For the
purposes of subclause 11A(ii) 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.
4. Insert after
the words "Except as to the provisions of clauses" in subclause (i)
of clause 30, Exemption the following:
"11A Reasonable Hours"
5. Delete
subclause (iii) of clause 30, Exemption and insert in lieu thereof the
following:
(iii) The amount
prescribed in subclause (i) of this clause shall be adjusted in accordance with
clause 8(v) of this award.
6. Insert after
subclause (iv) of clause 32, Area, Incidence and Duration the following new
subclause:
(v) 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 18 December
1998 (85 IR 38) take effect on and from 15 July 2004.
This Award remains in force until varied or rescinded,
the period for which it was made already having expired.
J. P. GRAYSON D.P.
____________________
Printed by the
authority of the Industrial Registrar.