RESTAURANTS, &c., EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1800 of 2004)
Before The Honourable
Mr Deputy President Harrison
|
22 June 2004
|
REVIEWED AWARD
1. Delete the
word "undertakingup" in subparagraph 3.1.1.1 of clause 3,
Classification Structure, of the award published 19 January 2001 (321 I.G.
759), and insert in lieu thereof the following:
"undertaking up"
2. Delete the
word "the" after the words "full-time or part-time" in
paragraph 5.10.1 of clause 5, Hours.
3. Delete the
word "win" in subclause 5.11 of clause 5, and subclause 7.2 of clause
7, Meal Break/Rest Pause, and insert in lieu thereof the following:
"will"
4. Delete the
words "Annual Holidays Act" in paragraph 9.3.2 of clause 9, Wages,
and insert in lieu thereof the following:
"Annual Holidays Act 1944"as amended.
5. Delete
paragraph 11.1.3 of clause 11, Overtime and Penalty Rates, and insert in lieu
thereof the following:
11.1.3 overtime being
more than the ordinary daily working hours set out in subclause 5.4.
6. Delete the
words "hat" after the words "within one week before" of
subclause 12.4 of clause 12, Public Holidays, and insert in lieu thereof the
following:
"that"
7. Delete the
reference "17 1/2" in subclause 17.1 of clause 17, Annual Leave, and
insert in lieu thereof the following:
"17 ½%"
8. Delete clause
18, Parental Leave, and insert in lieu thereof the following:
18. Parental Leave
An employee, is entitled to unpaid maternity leave,
paternity leave or adoption leave under the Industrial
Relations Act 1996.
9. Delete the
word "poof" in subclause 19.3 of clause 19, Sick Leave, and insert in
lieu thereof the following:
"proof"
10. Delete
subclause 21.4 of clause 21, Bereavement Leave, and insert in lieu thereof the
following:
21.4 An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has already been granted other leave.
11. Delete the
words "subclauses 20.2, 20.1.3, 20.1.4 and 20.1.5 of clause 20" in
subclause 21.5 of clause 21, Bereavement Leave, and insert in lieu thereof the
following:
"subclauses 20.2, 20.1.3, 20.1.4 of clause
20"
12. Delete the words
"Item 2 of Table 3 of Part B" of subclause 23.1 of clause 23, Laundry
Allowance, and insert in lieu thereof the following:
"Item 3 of Table 2 of Part B"
13. Delete the
words "Industrial Relations Commission" in the last paragraph of
subclause 26.6 of clause 26, Redundancy, and insert in lieu thereof the
following:
"Industrial Relations Commission of New South
Wales"
14. Delete the
words "shaft" in subparagraph 27.4.2.2 of clause 27, Supported Wage,
and insert in lieu thereof the following:
"shall"
15. Delete the
reference "clause 28.4" in subparagraph 27.4.5.4 of clause 27, and
insert in lieu thereof the following:
"27.4"
16. Delete the
word "Applications" in subclause 28.1 of clause 28, Traineeships, and
insert in lieu thereof the following:
"Applications"
17. Delete the
words "Occupational Health and Safety Act 1983" in paragraph
28.4.5 of clause 28, Traineeships, and insert in lieu thereof the following:
"Occupational Health and Safety Act 2000"
18. Delete the
word "he" in paragraph 29.1.3 of clause 29, Grievance and Handling
and Disputes Procedure, and insert in lieu thereof the following:
"be"
19. Delete the
word "graduate" in paragraph 29.2.1 of clause 29, and insert in lieu
there of the following:
"graduated"
20. Delete the
words "win" in clause 31, Employee Representative and Union Business,
and insert in lieu thereof the following:
"will"
21. Delete
subclause 32.3 of clause 32, Anti-Discrimination, and insert in lieu thereof
the following:
32.3 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.
22. Delete
subclause 33.3 of clause 33, Area Incidence and Duration, and renumber existing
clauses accordingly.
23. Insert after
subclause 33.3 of clause 33, Area, Incidence and Duration, the following new
subclause.
33.4 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 22 June 2004.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.