RACECOURSE TOTALISATORS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by TAB Limited.

 

(No. IRC 19 of 2004)

 

 

VARIATION

 

1.          Insert after subclause (h), of clause 2, Rostering and Unavailability, of the award published 11 February 2000 (313 I.G. 385) the following new subclauses:

 

(i)         The first Tuesday in every November, being Melbourne Cup Day, is a compulsory race meeting and all employees are required to make themselves available to work on that day as directed by the employer.

 

(j)         An employee, who meets the mandatory criteria set out below, is entitled to make application to the employer to be excused from working the compulsory Melbourne Cup Day.  Such mandatory criteria must include:

 

(i)         The employee had commenced employment with the employer, or its predecessor, on or before 1 November 1995;

 

(ii)        The employee was not working, or making themselves available to work, mid-week race meetings as at 1 July 2004; and

 

(iii)       The employee was employed in a permanent position with another employer (being an employer other than the employer) as at 1 August 2004.

 

(k)        If an employee satisfies the mandatory criteria contained in sub-clause (j), such employee may make an application to the employer to be excused from working the compulsory Melbourne Cup Day.  The employee is required to make such an application on an annual basis in writing within 28 days of receiving written notification by the employer to work Melbourne Cup Day.  The employee must include as part of the application a copy of his/her letter to the alternative employer, evidencing that employee’s request to take leave on that day; and the alternative employer’s letter in reply or a sworn statutory declaration evidencing a refusal by the alternative employer.

 

(l)         The employer will notify the employee of the ability to make the application.

 

(m)       Employees may make an application not to work on Melbourne Cup Day on the basis of exceptional circumstances to the Employer. Approval of such an application is at the discretion of the Employer.

 

(n)        Grievances and disputes arising from the operation and/or the application of this clause will be dealt with pursuant to clause 15 of the Award.

 

2.          This variation shall take effect from the first pay period commencing on or after 23 July 2004 and remain in force for a period of six calendar months thereafter.

 

 

 

I. W. CAMBRIDGE, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.