DAIRYING INDUSTRY EMPLOYEES (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 3511 of 2003)

 

 

VARIATION

 

1.          Delete subclause (f) of clause 3, Wages of the award published 4 May 2001 (324 I.G. 474), and insert in lieu thereof the following:

 

(f)         The rates of pay in this award include the adjustments payable under the State Wage Case 2003.  These adjustments may be offset against:

 

(i)         any equivalent overaward payment; and/or

 

(ii)        award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

2.          Delete subclause (a) of clause 6 Overtime, and insert in lieu thereof the following:

 

(a)        Reasonable Overtime

 

(i)         Subject to paragraph (ii) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

(ii)        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.

 

(iii)       For the purposes of paragraph (ii) above, 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.

 

3.          Delete Table 1 - Rates of Pay, Table 2 - Apprentice Rates of Pay - and Table 5 - Other Rates and Allowances of Part B, Monetary Rates and insert in lieu thereof the following:

 

Table 1 - Rates of Pay

 

Classification	SWC 2002 Amount	SWC 2003 Adjustment	SWC 2003 Amount
	$	$	$
Support Operator - Grade 1	448.20	17.00	465.20
General Operations - Grade 2	456.90	17.00	473.90
Specialist Operator - Grade 3	525.20	17.00	542.20
Senior Operator - Grade 4	571.70	17.00	588.70

 

Table 2 - Rates of Pay - Apprentices

 

Apprentice - Rates of Pay
Percentage of Specialist Operator Grade 3 - $542.20
1st Year	60%	$325.30
2nd Year	65%	$352.40
3rd Year	75%	$406.70
4th Year	85%	$460.90

 

Table 5 - Other Rates and Allowances

 

Item No.	Clause	Brief Description	SWC 2002	SWC 2003
	No.		Amount	Amount
			$	$
1	18 (b)	Meal Allowance	6.80 per meal	7.00 per meal
2	18 (d)	Spending the night away from their
		homes/property on which they are	38.80 per night	40.60 p/night
		Employed
3	18 (d)	Spending the night away from	33.30 per night	34.80 p/night
		home/property were employed - apprentices
4	3 (b) (iv)	Apprentices completing 3 years trade course	0.56 per week	0.58 p/wk
5	18 (c)	Motor Vehicle Allowance	0.42 per k/m	0.43 per km
6	19 (c)	First-aid allowance	1.70 per day	1.75 p/day

 

"Note": These allowances are contemporary for expense related allowances as at 30 March 2003 and for work related allowances are inclusive of adjustment in accordance with the May 2003 State Wage Case Decision of the Industrial Relations Commission of New South Wales.

 

4.          This variation shall take effect from the first full pay period to commence on or after 1 November 2003, and remain in force for a period of 12 months.

 

 

D. W. RITCHIE, Commissioner.

 

 

 

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Printed by the authority of the Industrial Registrar.