THEATRE MANAGERS (STATE) AWARD 1998
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5800 of 2003)
Before Commissioner
Macdonald
|
16 April 2004
|
REVIEWED AWARD
1. Delete clause
1, Title, of the award published 24 November 2000 (320 I.G. 543), and insert in
lieu thereof the following:
1. Title
This award shall be known as the Theatre Managers (State)
Award.
2. Insert in
clause 2, Arrangement, the following new clause number and subject matter and
renumber the existing clause 35, Area, Incidence and Duration to read as clause
36:
35. Anti-Discrimination
3. Rename in
clause 2, Arrangement, clause 4, Arbitrated Safety Net, to read as State Wage
Case Adjustment.
4. Delete the
words "Allowances, Part B" in subclause (a) of clause 8,
Confectionary Shops, Stalls and/or Milk Bars and/or Snack Bars and Licensed
Liquor Bars, and insert in lieu thereof the following:
Allowances, of Part B
5. Delete subclause
(c) of clause 15, Overtime, and insert in lieu thereof the following:
Notwithstanding the provisions of clause 32, Personal
Carers Leave of this Award, time off shall not be given in lieu of payment for
overtime.
6. Renumber
clause 35, Area, Incidence and Duration, to read as clause 36 and insert in
lieu thereof the following new clause 35:
35.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect discriminatory
effect.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
“Nothing in this Act affects … any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.”
7. Insert at the
end of clause 36, Area, Incidence and Duration, the following two new
paragraphs:
The changes made to the award pursuant to the Award Review
pursuant to 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 NSW on 28 April 1999 (310 I.G. 359) and take effect on
16 April 2004.
This award remains in force until varied or rescinded, the
period for which it was made already having expired.
A. W. MACDONALD, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.