SCHOOL SUPPORT STAFF (INDEPENDENT SCHOOLS) (STATE) AWARD 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Independent Education Union, industrial organisation of employees.

 

(No. IRC 3809 of 2003)

 

 

VARIATION

 

1.          Delete clause 8, Overtime, of the award published 15 February 2002 (331 I.G. 401) and insert in lieu thereof the following:

 

8.  Overtime

 

(i)         Subject to the provisions of subclause (vii) of this clause, an employer may require an employee to work reasonable overtime at overtime rates, or as otherwise provided for in subclauses (v) of this clause and 16.4 of clause 16, Carer's Leave.

 

(ii)        Subject to the provisions of subclause (iii) of this clause, all time required by the employer to be worked outside the ordinary ours of work prescribed by clause 7, Hours, shall be overtime and shall be paid for at the un-averaged rate of time and one half for the first two hours and double time thereafter.

 

(iii)       All overtime worked by an employee between midnight Friday and midnight Sunday shall be paid at the rate of double time.

 

(iv)       In computing overtime, each day shall stand alone.

 

(v)        Where an employee has performed duty on overtime, the employee may be released from duty for a period not exceeding the period of overtime actually worked (that is, an hour for each hour of overtime worked) subject to the conditions herein:

 

(a)        An employee may only be released from duty in lieu of payment for overtime at the request of the employee and with the agreement of the employer.  Such agreement shall be in writing and be kept with the time and wages records.

 

(b)        An employee may not accumulate more than 20 hours to be taken as leave in lieu of overtime payment and this leaveshall be taken within four weeks of the accrual.  Where such leave is not taken in this period, it shall be paid for at the appropriate overtime rate.

 

(c)       This provision shall only apply in respect of overtime worked between Monday to Friday inclusive.  Normal penalties for overtime worked on Saturday and Sunday shall apply for those days.

 

(vi)       Where:

 

(a)        an employee is required to attend school after leaving, other than to carry out rostered duties; and

 

(b)        the duty is not continuous with completion of ordinary working hours;

 

the employee must be paid a minimum of two hours' pay at the relevant rate.  For the purpose of paragraph (b) of this subclause, the taking of a meal break shall not of itself mean that the duty is not continuous.

 

(vii)      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.

 

(viii)     For the purposes of subclause (vii) of this clause, what is unreasonable or otherwise will be determined having regard to:

 

(a)        any risk to employee health or 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.

 

Notation: The employers and the Union are of the view that, where hours are varied in accordance with subclause (i) of clause 7, Hours, such hours cannot be regarded as overtime.

 

2.          This variation shall take effect from the first pay period commencing on or after 20 August 2003.

 

 

 

J. P. MURPHY, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.