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.