THE NORTHCOTT SOCIETY (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5752 of 2003)
Before Mr Deputy
President Grayson
|
12 December 2003
|
REVIEWED AWARD
1. Insert in
alphabetical order under the subheading "Industrial Considerations",
in clause 1, Arrangement of the award published 8 September 2000 (318 I.G.
490), the following new clause number and subject matter:
42. Reasonable
Hours
2. Rename in the
subheading of "Industrial Considerations", in clause 1, Arrangement,
clause 39, Association Representative to read as clause 39, Union
Representative.
3. Delete the
words "Health and Research Employees' Association of New South Wales"
wherever appearing in clause 3, Parties, and insert in lieu thereof the
following:
Health Services Union
4. Delete the
definition of "Association" appearing in clause 4, Definitions, and
insert in lieu thereof the following:
"Union" means the Health Services Union
5. Delete the
word "Association" wherever appearing in clauses 14. Redundancy, 19.
Public Holiday, 24. Hours of Work, 25. Roster of Hours, 30. Disputes Procedure,
31. Disciplinary Procedures, 32. Staff Transfers, Excess Fares and Travelling,
33. Productivity, 36. New Positions, 39. Union Representative, 40. Notice Board
and insert in lieu thereof the following:
Union
6. Insert after
clause 41, Recognition of Qualifications & Previous Service, the following
new clause 42.
42. Reasonable Hours
(i) Subject to
sub-clause (ii) an employer may require an employee to work reasonable overtime
at overtime rates.
(ii) 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.
(iii) For the
purposes of sub-clause (ii) what is reasonable or other wise 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 responsibilities.
(c) The needs of
the workplace or enterprise.
(d) The notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) Any other
relevant matter.
7. 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 12 December 2003.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.