NUT FOOD MAKERS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Workers' Union, New South Wales, industrial organisation of employees.

 

(No. IRC 3514 of 2003)

 

 

VARIATION

 

1.          Delete subclause (v) of clause 4, Rates of Pay of the award published 15 February 2002 (331 I.G. 357), and insert in lieu thereof the following:

 

(v)        The rates of pay in this award include the adjustments payable under the State Wage Case 2003.  These adjustments may be offset against:

 

(i)         any equivalent overaward payment; and/or

 

(ii)        award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

2.          Insert the following new subclause (vi) in clause 12 Overtime:

 

(vi)       Reasonable Overtime

 

(a)        Subject to paragraph (b) below, 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 the purposes of paragraph (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 - Wages

 

(i)         Adult Employees -

 

	SWC 2002	SWC 2003	SWC 2003
Classification	Amount	Adjustment	Amount
	$	$	$
Roaster and/or fryer (96%)	491.75	17.00	508.75
Mayonnaise Plant Operator (96%)	491.75	17.00	508.75
Distributor and Dispatcher (92.4%)	478.90	17.00	495.90
All other adult employee*(87.9%)	463.60	17.00	480.60

 

Table 2 - Other Rates and Allowances

 

Item No.	Clause No.	Brief Description	SWC 2002	SWC 2003
			Amount	Amount
			$	$
1	4 (iii)	Leading Hands:
		In charge of 3 to 6 employees	20.75	21.40
		In charge of 7 to 10 employee	24.30	25.10
		In charge of 11 to 15 employees	30.80	31.80
		In charge of more than 15 employees	37.85	39.05
2	14 (i) &(iii)	Meal Allowance	8.75	9.00
3	26 (ii)	First-aid Allowance	2.55	2.65

 

"Note": These allowances are contemporary for expense related allowances as at 30 March 2003, and for work related allowances are inclusive of adjustment in accordance with the May 2003 State Wage Case Decision of the Industrial Relations Commission of New South Wales.

 

4.          This variation shall take effect from the first full pay period to commence on or after 31 December 2003.

 

 

 

T. M. KAVANAGH  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.