DRY CLEANING (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Transport Workers' Union of New South Wales, industrial organisation of employees.

 

(No. IRC 2259 of 2003)

 

 

VARIATION

 

1.          Delete subclause 19.1 of clause 19, Overtime, of the award published 30 November 2001 (329 I.G. 1111) and insert in lieu thereof the following new subclause:

 

19.1      Requirement to work reasonable overtime

 

19.1.1               Subject to paragraph 19.1.2 an employer may require an employee to work reasonable overtime.  The method of remuneration for such overtime shall be at overtime rates or by agreement in accordance with subclause 19.4, Time Off in Lieu.

 

19.1.2               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.

 

19.1.3               For the purposes of paragraph 19.1.2 what is unreasonable or otherwise 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.

 

2.          This variation shall take effect from the first full pay period commencing on or after 13 May 2003.

 

 

L. C. GLYNN  J.

 

 

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Printed by the authority of the Industrial Registrar.