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New South Wales Industrial Relations Commission
(Industrial Gazette)




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ARMIDALE WOMEN'S SHELTER (REMUNERATION FOR ON-CALL) AWARD 1996
  
Date07/27/2001
Volume326
Part3
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0209
CategoryAward
Award Code 1165  
Date Posted03/27/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1165)

SERIAL C0209

 

ARMIDALE WOMEN'S SHELTER (REMUNERATION FOR ON-CALL) AWARD 1996

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC3136 of 1999)

 

Before Mr Deputy President Grayson

28 May 2001

 

REVIEWED AWARD

 

1.  Arrangement

 

Clause No.      Subject Matter

 

1.         Arrangement

2.         Title

3.         Application

4.         Definitions

5.         On-Call Remuneration

6.         Grievance and Dispute Settlement Procedure

6A.      Anti-Discrimination

7.         Relationship to Parent Award

8.         Area, Incidence and Duration

 

2.  Title

 

This Award shall be known as the Armidale Women's Shelter (Remuneration For On-call) Award 1996.

 

3.  Application

 

This Award shall apply in respect to employees engaged by Women's Shelter, Armidale Inc. required to perform a week of on-call duty.  In the case of part weeks, an employee shall be paid on a pro rata basis.

 

4.  Definitions

 

"Crisis call-out" shall mean where an employee is required to attend the workplace (i.e. other than their home) for the purpose of assisting a client in crisis.

 

"On-call week" shall mean the following:

 

(i)         the on-call week does not require the employee to attend the organisation's premises (except the staff meeting mentioned in subclause (v) of this clause);

 

(ii)        during the on-call week the employee shall respond to the client calls, as appropriate, between the hours of 5.00 pm to 8.30 am, Monday to Friday, by means of a mobile telephone.

 

(iii)       the employee is required for a 24-hour on-call shift on Saturday and a 24 hour on-call shift on Sunday;

 

(iv)       encompassed in subclause (iii) of this clause, the employee is required to provide a five-hour weekend outing on either Saturday or Sunday, depending on the preference of the clients and the worker involved;

 

(v)        the on-call worker is required to attend a two hour weekly staff meeting during the on-cal week;  and

 

(vi)       during the on-call period, the employee is required to make crisis call-outs.

 

"Ordinary weekly wage" shall mean the employee's current hourly rate of pay, as varied from time to time.

 

5.  On-Call Remuneration

 

Employee's required to work the "on-call week" shall be paid their ordinary weekly wage, except where penalty rates for the weekend outing and crisis call-outs would cause this amount to be exceeded, in which case the higher amount will be paid.

 

6.  Grievance and Dispute Settlement Procedure

 

The parties agree that, subject to the provisions of the Industrial Relations Act 1996, all grievances, claims or disputes shall be dealt with in the following manner so as to ensure the orderly settlement of the matters in question:

 

(i)         Any grievance or dispute which arises shall, where possible, be settled by discussion on the job between the employee(s) and the immediate supervisor.

 

(ii)        If the matter is not resolved at this level, it will be further discussed between the affected employee(s) and the union representative, where appropriate, or the employee nominated representative and the employer and/or the employer's industrial relations representative.

 

(iii)       If no agreement is reached within a reasonable time period, the union representative or nominated representative will discuss the matter with the employer's nominated industrial relations representative.

 

(iv)       whilst the foregoing procedure is being followed, work shall continue normally.  No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.

 

(v)        Should the matter not be resolved within a reasonable time period, it may be referred by either party to the Industrial Relations Commission of New South Wales for settlement.

 

6a.  Anti-Discrimination

 

(i)         It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

(ii)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(iii)       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.

 

(iv)       Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(b)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

 

NOTES -

 

(b)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

7.  Relationship to Parent Award

 

This Award shall be read and construed in conjunction with the Social and Community Services Employees (State) Award published 21 February 1992 (268 I.G. 225), as varied.

 

8.  Area, Incidence and Duration

 

(i)         This Award shall be binding upon Women's Shelter Armidale Inc., its employees and the Australian Services Union of N.S.W.

 

(ii)        This Award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Armidale Women's Shelter (Remuneration For On-call) Award 1996 published 23 August 1996 (294 I.G. 568).

 

(iii)       The Award published 23 August 1996 took effect on the first pay period to commence on or after 28 May 1996.

 

(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 New South Wales on 18 December 1998 (308 I.G. 307) take effect 28 May 2001.

 

(v)        The 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.

 

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