LOCAL GOVERNMENT (STATE) AWARD 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Local Government Association of New South Wales, industrial organisation of employers.

 

(No. IRC 4294 of 2002)

 

 

VARIATION

 

1.          Insert into the arrangement of the award published 18 January 2002 (330 I.G. 744), as varied, the following new clause and subject matter:

 

17A.  Union Picnic Day

 

2.          Delete clause 17, Holidays, of the award and insert in lieu thereof the following:

 

17.  Holidays

 

(i)         The days on which holidays shall be observed are as follows: New Years' Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday; Labour Day; Christmas Day; Boxing Day and all locally proclaimed holidays within the council's area, and all special days proclaimed as holidays to be observed throughout the whole of the State of NSW.

 

(ii)

 

(a)        Where any of the holidays prescribed by this award fall on a day ordinarily worked by the employee, the employee shall not have a reduction in ordinary pay.

 

(b)        Except as otherwise provided, where an employee is required to work on a holiday as prescribed by this award, the employee shall be paid at double time and half inclusive of payment for the day with a minimum payment of four hours worked.

 

(c)        All employees classified in the operational band of this award employed in garbage, sanity and sullage (other than the supervisor) who are required to work on Good Friday or Christmas Day shall be paid at triple time inclusive of payment for the day with a minimum payment of four hours work.

 

(d)        Where an employee is required to work ordinary hours on a holiday as prescribed by this award, the council and the employee may agree that the employee be paid time and a half for the hours worked on a holiday and in addition, grant a day off in lieu to be paid at ordinary time for each holiday worked.  Such leave shall be taken at a mutually convenient time.

 

(e)        When a holiday occurs on a day on which an employee is rostered off while employed on a seven day a week rotating roster system, the employee shall be paid a day's pay at ordinary rates in addition to the ordinary week's pay.  Council may in lieu of making such additional payment, grant a day's leave for each such holiday which may be taken at such time as is mutually agreed to between the council and the employee.

 

17A.  Union Picnic Day

 

(i)

 

(a)        Union Picnic Day shall for the purposes of this award be regarded as a holiday for employees who are financial members of the union(s).  The Union Picnic Day shall be on such day as is agreed between the council and the union(s).

 

(b)        The union(s) shall advise the council of financial members as at the time of the Union Picnic Day.  Such advice must be given at least two weeks prior to the Union Picnic Day.

 

(ii)        Where an employee, who is not a financial member of the union(s), is required to work on Union Picnic Day, the employee shall be entitled to be paid ordinary pay for the normal working day.

 

(iii)       Employees who are not financial members of the union(s) and who are not required by council to work on Union Picnic Day may apply to the council to take annual leave, time off in lieu of overtime, leave without pay, such other leave as may be approved by council, or may be required by the council to make up time.

 

3.          This variation shall take effect on and from 13 August 2002.

 

 

 

 

 

 

M. SCHMIDT  J.

 

 

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Printed by the authority of the Industrial Registrar.