CLERICAL AND ADMINISTRATIVE EMPLOYEES LEGAL INDUSTRY (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review
of award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 936
of 2001)
|
Before Mr Deputy President Sams
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29 May 2001
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VARIATION
1. Insert after
the clause number and subject matter "25, Statutory and Other Award
Provisions" appearing in the Arrangement clause of the award published 10 December
1999 (312 I.G. 703), as varied, the clause number and subject matter "26,
Anti-Discrimination", and renumber existing "26, Area, Incidence and
Duration" as clause number "27."
2. Delete the
words "Arbitrated Safety Net Adjustment" appearing in subclause (xv)
of clause 3, Classification Structure and Salaries, and insert in lieu thereof
the words "State Wage Case Adjustments."
3. Delete
paragraph (d) of subclause (ii) of clause 8, Shift Work, and insert in lieu
thereof the following:
(d) Junior employees
working shift work shall be paid as follows:
A junior who is
equivalent to Grade 3 or above, shall be paid the additional percentage of the
Grade 3 Adult rate.
All other junior employees shall be paid the additional
percentage of the Grade 1 Adult rate.
4. Delete
subclause (v) of the said clause 8, and insert in lieu thereof the following:
(v) Overtime - The
special penalties herein prescribed in (iii) and (iv) above are in substitution
for and not cumulative upon the shift allowances prescribed in subclause (ii)
of this award.
5. Delete
subclause (vii) of clause 13, Sick Leave, and insert in lieu thereof the
following:
(vii) Service before
the date of this award shall be counted for the purpose of assessing the annual
sick leave entitlement.
6. Delete
subclause (viii) of the said clause 13, and renumber existing subclause (ix) as
subclause (viii).
7. Delete
subclause (i) of clause 21, Exemptions, and insert in lieu thereof the
following:
(i) Except as to
the provisions of paragraphs (c) and (d) of subclause (i) and the provisions of
subclause (ii) of clause 6, Overtime, clause 9, Public Holidays; clause 11,
Bereavement Leave; clause 12 Annual Leave Loading; clause 13, Sick Leave;
clause 17, Personal/Carer's Leave; clause 20 Jury Service; clause 22,
Redundancy; clause 25, Statutory and other Award Provisions, and clause 26,
Anti-Discrimination; this award shall not apply to employees employed by the
week who are in receipt of a weekly salary in excess of $681.00 per week.
8. Delete the
words "Commonwealth Employment Service," appearing in paragraph (f)
of subclause (iv), Termination of Employment, of clause 22, Redundancy, and
insert in lieu thereof the words Centrelink."
9. Delete the
words "Department of Social Security" appearing in paragraph (g) of
the said subclause (iv), and insert in lieu thereof the words
"Centrelink."
10 Delete the
words "Industrial Relations Commission", appearing in paragraph (b)
of subclause (v), Severance Pay, of the said clause 22, and insert in lieu
thereof the words "Industrial Relations Relations Commission of New South
Wales."
11. Insert after
clause 25, Statutory and Other Award Provisions, the following new clause.
26.
Anti-Discrimination
(1) 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,
age and responsibilities as a carer.
(2) 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.
(3) 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.
(4) 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.
(5) 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 -
(a) 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."
12. Delete
subclause (ii), Juniors, of Table 1 - Salaries, of Part B, Monetary Rates, and
insert in lieu thereof the following:
(ii) Juniors - The
minimum rates per week for junior employees shall be as follows:
(a) Equivalent to
Grade 3 or above:
|
Age
|
Old Rate
Per Week
$
|
Award Rate
Per Week
29 May 2001
$
|
Award Rate
Per Week
29 August 2001
$
|
|
At 17 years of age
|
218.85
|
228.85
|
234.50
|
|
At 18 years of age
|
269.45
|
279.60
|
289.75
|
|
At 19 years of age
|
308.10
|
319.65
|
331.20
|
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At 20 years of age
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363.85
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377.45
|
391.00
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(b) All other
junior rates -
|
Age
|
Old Rate
Per Week
$
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Award Rate Per Week
29 May 2001
$
|
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Under 17 years of age
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171.75
|
176.00
|
|
At 17 years of age
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215.15
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220.35
|
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At 18 years of age
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263.60
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270.10
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At 19 years of age
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298.95
|
306.25
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At 20 years of age
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351.80
|
360.40
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13. This
variation shall take effect on and from 29 May 2001.
P. J. SAMS D.P.
____________________
Printed by the authority of the Industrial Registrar.