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New South Wales Industrial Relations Commission
(Industrial Gazette)




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CHEMICAL WORKERS (STATE) AWARD
  
Date10/17/2003
Volume341
Part9
Page No.
DescriptionVSW - Variation following State Wage Case
Publication No.C2129
CategoryAward
Award Code 112  
Date Posted10/16/2003

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(112)

SERIAL C2129

 

CHEMICAL WORKERS (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)

 

Before The Honourable Justice Kavanagh

10 July 2003

 

VARIATION

 

1.          Delete subclause (iii) of clause 3, Wages, of the award published 11 May 2001 (324 I.G. 688), and insert in lieu thereof the following:

 

(iii)       The rates of pay in this award include the adjustments payable under the State Wage Case 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.          Insert the following new subclause (viii) in clause 8 Overtime:

 

(viii)     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:

 

(i)         any risk to employee health and safety;

 

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

 

(iii)       the needs of the workplace or enterprise;

 

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

 

(v)        any other relevant matter.

 

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

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Classification

SWC 2002 Amount

SWC 2003 Adjustment

SWC 2003 Amount

 

$

$

$

Chemical Plant Operator -

 

 

 

Class One (100%)

525.20

17.00

542.20

Class Two (92.4%)

491.50

17.00

508.50

Class Three (89.9%)

481.10

17.00

498.10

Materials Attendant -

 

 

 

Class One (92.4%)

491.50

17.00

508.50

Class Two (89.9%)

481.10

17.00

498.10

General Labourer (86%)

464.80

17.00

481.80

Forklift Operator (89.9%)

481.10

17.00

498.10

 

Juniors:

Percentage of total wage for adult general labourer per week

 

%

Under 16 years of age

44

At 16 years of age

53

At 17 years of age

61

At 18 years of age

70

At 19 years of age

79

At 20 years of age

88

 

Table 2 - Other Rates and Allowances

 

Item

Clause

Brief Description

SWC 2002 Amount

SWC 2003 Amount

No

No.

 

$

$

1

4(i)

Leading Hand

20.70

21.35

2

4(ii)

Cleaning inside tank or still

1.10 per hour

1.15 per hour

3

9(iii)(a)

Meal allowance

9.45

9.75

4

9(iii)(a)

Meal allowance - second meal

9.45

9.75

5

20(ii)

Duties of first-aid person

1.55 per day

1.60 per day

 

"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 25 July 2003.

 

 

T. M. KAVANAGH  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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