TOYMAKERS’
EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
FULL BENCH
Application
by the Australian Workers Union, of New South Wales, Industrial organisation of
employees.
(No. IRC 5693 of 2000)
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Before the Honourable Justice Walton, Vice-President
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21 March 2001
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The Honourable Justice Kavanagh
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Commissioner Tabbaa
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VARIATION
1. Delete subclause (i) and paragraph (a)
of subclause (ii) of clause 2 Hours, of the award published 9 June 2001 (325
I.G. 404) and insert in lieu thereof the following:
(i) Day Workers - The ordinary working
hours of day workers shall not, without the payment of overtime, exceed 38 hours
per week and shall be worked Monday to Friday, inclusive, between the hours of
6.00 a.m. and 6.00 p.m., or such other starting and/or ceasing times as may be
agreed to between the employer and the majority of employees.
(ii) Shift Workers -
(a) The hours of shift workers shall not
exceed:
(i) 7.6 hours during any consecutive 24 hours; or
(ii) 38 hours per week; or
(iii) 76 hours in 14 consecutive days; or
(iv) 114 hours in 21 consecutive days; or
(v) 152 hours in 28 consecutive days.
2. Delete subclause
(iii) of clause 3, Wages, and insert in lieu thereof the following:
(iii) Part-time employees -
(a) An employee may be engaged on a
part-time basis. A part-time employee
shall mean a weekly employee engaged to work regular days and regular hours,
either of which are less than the number of days or hours worked by a full-time
employee.
(b) A part-time employee is entitled to a
minimum start per occasion of 3 continuous hours, except:
(A) where the employer and the employee
concerned agree that there shall be a start of 2 continuous hours on two or
more days per week, provided that:
i. a 2 hour start is sought by the
employee to accommodate the employee's personal circumstances, which must be
specified, or
ii. the place of work is within a distance
of 5 kilometres of the employee's place of residence.
(c) A part-time employee may work up to 38
hours per week without the payment of overtime.
(d) A part-time employee will be paid per
hour 1/38 of the weekly rate of pay prescribed for a full-time employee of the
same classification contained in Table 1.
(e) Any hours worked by a part-time employee
outside the ordinary hours of work as set out in clause 2, or in addition to
the 38 hours per week shall be paid at overtime rates.
(f) Subject to this clause, all the
provisions of the award shall apply to a part-time employee on a pro rata
basis.
3. Delete
clause 5, Time Off in Lieu of Payment for Overtime, and insert in lieu thereof
the following:
5. Time Off in Lieu of Payment
for Overtime
(i) Subject to genuine agreement between an
employer and employee(s), an employee may elect to take time off in lieu of
payment for hours worked outside and/or in excess of the ordinary hours of work
prescribed by this award.
(ii) In such cases the time off shall be
calculated on the basis of the penalty prescribed for work outside and/or in
excess of the ordinary hours of work prescribed by this award.
(iii) Provided that such time off shall be
taken within four weeks of becoming due or payment for such work shall be made
by the employer.
(iv) Provided further that the time of taking
the time off in lieu is subject to mutual agreement between the employer and employee
and where agreement cannot be reached the matter shall be dealt via the Dispute
Settlement Procedure.
4. This
variation shall take effect from the first full pay period to commence on or
after 21 March 2001.
M. J. WALTON J,
Vice-President.
T. M. KAVANAGH J.
I. TABBAA,
Commissioner.
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Printed by the authority of the Industrial Registrar.