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New South Wales Industrial Relations Commission
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MARGARINE MAKERS (STATE) AWARD
  
Date10/17/2003
Volume341
Part9
Page No.
DescriptionVSW - Variation following State Wage Case
Publication No.C2131
CategoryAward
Award Code 440  
Date Posted10/16/2003

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(440)

SERIAL C2131

 

MARGARINE MAKERS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Workers' Union, New South Wales, industrial organisation of employees.

 

(No. IRC 3514 of 2003)

 

Before The Honourable Justice Kavanagh

10 July 2003

 

VARIATION

 

1.          Delete subclause (viii) of clause 2, Rates of Pay of the award published 24 August 2001 (327 I.G. 163) and insert in lieu thereof the following:

 

(viii)     The rates of pay in this award include the adjustments payable under the State Wage Case 2003. These adjustments may be offset against:

 

(i)         any equivalent overaward payment; and/or

 

(ii)        award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

2.          Insert the following new subclause (vii) in clause 5 Overtime:

 

(vii)      Reasonable Overtime

 

(a)        Subject to paragraph (b) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

(b)       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.

 

(c)        For the purposes of paragraph (b) 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 and 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.

 

3.          Delete Part B, Monetary Rates and insert in lieu thereof the following:

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Classification

SWC 2002

SWC 2003

SWC 2003

 

Amount

Adjustment

Amount

 

$

$

$

Refinery Operator and Process Operator (96%)

506.50

17.00

523.50

Assistant Refinery Operator and Seeding

 

 

 

Plant Operator (92.4%)

491.50

17.00

508.50

Assistant Seeding Plant Operator, Assistant

 

 

 

Process Plant Operator and Packaging

 

 

 

Plant Operator (89.9%)

481.10

17.00

498.10

All Others (83%)

452.90

17.00

469.90

 

Table 2 - Other Rates and Allowances

 

Item

Clause

Brief Description

2002

2003

No.

No.

 

Amount

Amount

 

 

 

$

$

1

2(iv)

Removing grease by Anderson Kerrick or similar

 

 

 

 

steam method per hour

0.38

0.39

2

2(v) (a)

Cleaning pits, tanks, vats, sumps and / or drains per hour

0.66

0.68

 

2(v) (b)

Continuously employed in the above per week

15.30

15.80

3

2(vi)

Clothing Allowance per week

2.04

2.10

4

2(iii)

Leading Hands (per week)

 

 

 

 

(a) in charge of 3 to 6 employees

17.10

17.60

 

 

(b) in charge of 7 to 10 employees

21.10

21.80

 

 

(c) in charge of 11 to 15 employees

25.30

26.10

 

 

(d) in charge of more than 15 employees

31.60

32.60

5

7(i)(iii

Meal Allowance

 

 

 

 

(a) in excess of 1 hours overtime

7.45

7.65

 

 

(b) in excess of four hours overtime

7.45

7.65

 

 

(c) with notice of overtime

7.45

7.65

6

19

First Aid Allowance per day or shift

2.15

2.20

 

"Note": All expense related allowances in this award have been varied in accordance with CPI adjustments up to and including the March quarter 2003.

 

4.          This variation shall take effect from the first full pay period to commence on or after 12 November 2003.

 

 

 

T. M. KAVANAGH  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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