BUTTON MAKERS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 2263 of 2003)

 

 

VARIATION

 

1.          Delete subclause 28.6 of clause 28, Overtime, of the award published 21 February 2003 (338 I.G. 393) and insert in lieu thereof the following:

 

28.6      Requirement to work reasonable overtime

 

28.6.1               Subject to paragraph 28.6.2, an employer may require an employee to work reasonable overtime at overtime rates.

 

28.6.2               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.

 

28.6.3               For the purposes of paragraph 28.6.2, 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

 

28.6.4               An employer bound by this award shall not in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.

 

2.          This variation shall take effect from the first full pay period on or after 29 May 2003.

 

L. C. GLYNN  J.

 

 

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Printed by the authority of the Industrial Registrar.