ENTERTAINMENT AND BROADCASTING INDUSTRY - CINEMA (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5801 of 2003)
Before Commissioner
Macdonald
|
5 February 2004
|
REVIEWED AWARD
1. Delete clause
6, Relationship with Other Awards of the award published 6 October 2000 (319
I.G. 20), and insert in lieu thereof the following:
6. Relationship With
Other Awards
This award
supersedes the Entertainment and Broadcasting Industry - Cinema (State) Award
published 6 October 2000 (319 I.G. 20), as varied, relating to employment in
the industry covered by this award, but no right , obligation or liability
accrued or incurred under such previous award will be affected.
2. Delete
subclause 14.6 of clause 14, Anti-Discrimination.
3. Delete
subclause 21.1 of clause 21, Overtime, and insert in lieu thereof the
following:
21.1 Requirement to
Work Reasonable Overtime
21.1.1 Subject to
subclause 21.1.2, an employer may require an employee to work reasonable
overtime at overtime rates or as otherwise provided for in this award.
21.1.2 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.
21.1.3 For the purposes
of subclause 21.1.2, 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 or 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.
4. The changes
made to the award pursuant to the Award Review under 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 New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 5 February 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This award remains in force until varied or rescinded,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.