BUTTON MAKERS (STATE) AWARD
COMMISSION OF NEW SOUTH WALES
Application by Transport
Workers' Union of New South Wales, industrial organisation of employees.
(No. IRC 2263 of 2003)
Before The Honourable Justice
29 May 2003
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
to paragraph 28.6.2, an employer may require an employee to work reasonable
overtime at overtime rates.
employee may refuse to work overtime in circumstances where the working of such
overtime would result in the employee working hours which are unreasonable.
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
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.
variation shall take effect from the first full pay period on or after 29 May
L. C. GLYNN J.
the authority of the Industrial Registrar.