AUSTRALIAN RED CROSS BLOOD SERVICE 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 1735 of 2004)
Before Mr Deputy President
Grayson
|
8 June 2004
|
REVIEWED AWARD
1. Insert in
numerical order in clause 1, Arrangement, of the award published 22 February
2002 (331 I.G. 709), the following new clause number and subject matter:
40. Reasonable
Hours
2. Renumber the
existing clause 40, Area, Incidence and Duration, in clause 1, Arrangement, to
read as follows:
41. Area,
Incidence and Duration.
3. Delete the
definition "Association" in clause 2, Definitions, and insert in
alphabetical order, thereof the following:
"Union" means the Health Services Union"
4. Delete the
words "Association", wherever it appears in the award, and insert in
lieu thereof the following:
"Union"
5. Delete
subclauses (ii) of clause 24, Dispute Resolution, and insert in lieu thereof
the following:
(ii) If the matter
is not resolved within a reasonable time it must be referred by the Designated
Manager to the Operations Manager (NSW) of the employer (or his or her nominee)
and may be referred by the employee to the Union's Head Office. Discussions at this level must take place
within a reasonable time with a view to resolving the issue in dispute. Failing settlement of the issue at this
level, the matter shall be dealt with in accordance with subclause (iii) of
this clause.
6. Delete clause
26, Association Representative, and insert in lieu thereof the following:
26. Union
Representative
An employee appointed Union representative shall upon
notification thereof in writing to the Operations Manager (NSW), be recognised
as the accredited representative of the Union and shall be allowed the
necessary time during working hours, to interview the employer on matters
affecting employees.
7. Delete clause
27, Notice Board, and insert in lieu thereof the following:
27. Notice Board
The employer shall permit a notice board of reasonable
dimensions to be erected in a prominent position upon which the Union
representative shall be permitted to post Union notices.
8. Delete clause
29, Workforce Review, and insert in lieu thereof the following:
29. Workforce Review
Any proposal to reorganise a department or service that will
significantly affect employees covered by the Union will be the subject of
genuine consultation with the Union.
9. Delete clause
31, Association Subscriptions, and insert in lieu thereof the following:
31. Union
Subscriptions
The employer agrees, subject to prior written authorisation
by Union members, to deduct Union subscriptions from the pay of the authorising
members and remit to the Union.
10. Delete the
reference "clause 40, Area, Incidence and Duration" in subclause (1)
" of clause 36, Salary Sacrifice to Superannuation, and insert in lieu
thereof the following:
"41. Area, Incidence and Duration"
11. Renumber
clause 40, Area, Incidence and Duration, to read as clause 41.
12. Insert after
clause 39, Redundancy Provisions, the following new clause:
40. Reasonable Hours
(i) Subject to
sub-clause (ii) an employer may require an employee to work reasonable overtime
at overtime rates.
(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 unreasonable.
(iii) For the
purposes of sub-clause (ii) what is reasonable or other wise 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.
13. Delete
subclause (iv) of clause 40, Area, Incidence and Duration, and insert in lieu
thereof the following new subclauses:
(iv) The changes
made to the award pursuant to the Award Review pursuant to 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 NSW on 28 April
1999 (310 I.G. 359) and take effect on 8 June 2004.
(v) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.