SOCIAL AND COMMUNITY SERVICES EMPLOYEES
(STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Services Union of N.S.W., industrial organisation of employees.
(No. IRC 4380 of 2003)
Before Commissioner
McLeay
|
20 October 2003
|
VARIATION
1. Delete
subclause 6.1 of clause 6, Fixed Term Employees, of the award published 2
August 2002 (335 I.G.559) and insert in lieu thereof the following:
6.1 A fixed term employee
may be engaged to work on either a full-time or part-time basis:
(a) For completion
of a specifically funded task(s) or project; not subject to recurrent funding;
or
(b) to relive and
employee who is undertaking a specifically funded task (s) or projects for a
defined period; or
(c) To relieve in
a vacant position arising from an employee taking leave in accordance with this
award; or
(d) To relieve in a
vacant position arising from an employee taking leave without pay in
conjunction with parental leave; or
(e) For the
temporary provision of specialist skills that are not available within the
organisation for a specified period of time; or
(f) To fill short
term vacancies during the recruitment and selection process resulting from the
cessation of employment of a permanent employee;
Provided that the term shall not exceed 12 months in
the case of paragraphs (c) (e) and (f) of this clause.
2. Delete
subclause 11.7 of clause 11, Overtime and insert in lieu thereof the following:
11.7 Subject to
Clause 11.8 an employer may require an employee to work reasonable overtime at
overtime rates or as otherwise provided fro in this award.
11.8 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
11.9 For the purpose
of clause 11.8 what is unreasonable or otherwise will be determined having
regard to:
(a) any risk to
employee health and safety;
(b) the employee's
personal circumstances including any family and carer's responsibilities;
(c) the needs of
the work place or enterprise;
(d) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intent to refuse it; and
(e) any other
relevant matter
3. Delete clause
31, First Aid Allowance, and insert in lieu thereof the following:
31. First Aid
Allowance
31.1 An employee who
holds a current first aid certificate issued by the St. John Ambulance
Association or Australian Red Cross Society or equivalent qualification and who
is required by their employer to be available to perform first aid duty at
their workplace shall be paid an allowance as set out in Item 1 of Table 2 with
a minimum payment of one day.
Note: It is not the intention of this clause to require
an employer to pay the First Aid Allowance to an employee more than once per
shift. To avoid doubt, where an
employee performs work on a shift which extends from one day to the next, the
employer shall only be required to pay one First Aid allowance to the employee.
4. This
variation shall take effect on or after 20 October 2003.
J. McLEAY, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.