EXHIBITION INDUSTRY (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Workers' Union, New South Wales, industrial organisation of
employees.
(No. IRC 3515 of 2003)
Before The Honourable
Justice Kavanagh
|
10 July 2003
|
VARIATION
1. Insert after
subclause (e) of clause 7 Overtime, of the award published 6 October 2000 (319
I.G. 1), the following new subclause :
(f) Reasonable
Overtime
(i) Subject to paragraph
(ii) below, an employer may require an employer may require an employee to work
reasonable overtime at overtime rates or as otherwise provided for in this
award.
(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 reasonable.
(iii) For the
purposes of paragraph (ii) 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 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.
2. Delete clause
28, State Wage Case Adjustments, of the award and insert in lieu thereof the
following:
28. State Wage Case
Adjustments
The rates of pay in this award include the adjustments
payable under the State Wage Case May 2003.
These adjustments may be offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
3. Delete Part
B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Rates of Pay
The minimum rate of pay for any weekly employee under this
award shall be prescribed hereunder for the relevant classification:
Classification
|
SWC 2002
|
SWC 2003
|
SWC 2003
|
|
Amount
|
Adjustment
|
Amount
|
|
$
|
$
|
$
|
Assistant Technician
|
495.50
|
17.00
|
512.50
|
Assistant Technician - Experienced
|
580.00
|
17.00
|
597.00
|
Technician
|
620.20
|
17.00
|
637.20
|
Guest Host/Customer Liaison
Person
|
584.50
|
17.00
|
601.50
|
Designer/Planner
|
800.20
|
15.00
|
815.20
|
Table 2 - Casual Rates
The minimum hourly rate of pay for a casual employee under
this award shall be as prescribed hereunder for the relevant classification.
Casual employees shall be paid for a minimum of four hours
worked on any call, to be worked continuously except for meal breaks.
The hourly rates contained herein have been loaded by twenty
per cent to compensate casual employees for all incidents of paid leave arising
from this award as well as annual leave.
Note - The amount of the
adjustment to hourly rates for casuals shall be determined in the following
manner. The State Wages Case adjustment
amount (if any) shall be divided by 38 and the resulting amount loaded by 20%.
Classification
|
SWC 2002
|
SWC 2003
|
SWC 2003
|
|
Amount
|
Adjustment
|
Amount
|
|
$
|
$
|
$
|
Assistant Technician
|
14.50
|
0.55
|
15.05
|
Assistant
Technician - Experienced
|
15.40
|
0.55
|
15.95
|
Technician
|
17.05
|
0.55
|
17.60
|
Casual Loader
|
|
|
|
8.00am to 6.00pm
|
14.00
|
0.55
|
14.55
|
6.00pm to Midnight
|
16.50
|
0.55
|
17.05
|
Midnight to 8.00am
|
20.95
|
0.55
|
21.50
|
Casual Stage Hands
|
|
|
|
8.00am to 6.00pm
|
16.45
|
0.55
|
17.00
|
6.00pm to Midnight
|
19.70
|
0.55
|
20.25
|
Midnight to 8.00am
|
25.15
|
0.55
|
25.70
|
Saving Provision - The rates of pay outlined in Table 1 -
Rates of Pay and Table 2 Casual Rates shall be applied so as to ensure that:
(a) No employee
shall suffer any loss of weekly or ordinary time rates or reduction in
conditions of employment as a result of the making of this award. For the purpose of this subclause any
employee terminated and then re-employed by the same employer for the purpose
of circumventing this provision shall be re-employed on the same
classification.
(b) The provision
of this clause in so far as it applies to rates of pay shall apply only to the
employee's rate of pay for his or her ordinary hours of work, however, the
union shall have the right to refer any individual case in which the provisions
of the subclause may operate unfairly to the Industrial Relations Commission of
New South Wales for conciliation and/or arbitration.
Table 3 - Other
Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
27(c)
|
Meals and incidental expenses allowance
|
35.05 per day
|
2
|
27(c)
|
Reduced meals and incidental expenses allowance
|
10.25 per day
|
4. This variation
shall take effect from the first full pay period to commence on or after 6
August 2003.
T. M. KAVANAGH J.
____________________
Printed by
the authority of the Industrial Registrar.