OYSTER FARMS, &c. (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 (vi) of clause 2, Wages, of the award published 11 May 2001 (324 I.G. 757), and insert in lieu thereof the following:

 

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

 

(a)        any equivalent over award payments;  and/or

 

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

 

2.          Insert the following new subclause (iv) in clause 4, Overtime:

 

(iv)       Reasonable Overtime

 

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

 

(b)       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.

 

(c)        For the purposes of paragraph (b) above, what is unreasonable or otherwise will be determined having regard to:

 

(i)         any risk to employee health and safety;

 

(ii)        the employee's personal circumstances including any family and carer responsibilities;

 

(iii)       the needs of the workplace or enterprise

 

(iv)       the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(v)        any other relevant matter.

 

3.          Delete Part B, Monetary Rates, and insert in lieu thereof the following:

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Classification	SWC 2002 Amount	SWC 2003 Adjustment	SWC 2003 Amount
	$	$	$
Adult Employee - General Hand	481.10	17.00	498.10
Leading Hands - In charge of three or more employees - $18.30 per week

 

Junior Employees	% of Adult Rate
At 16 years of age	60
At 17 years of age	70
At 18 years of age	80
At 19 years of age	90
At 20 years of age	Adult rate

 

Table 2 - Other Rates and Allowances

 

Item	Clause	Brief Description	SWC 2001 Amount	SWC 2002 Amount
No.	No.		$	$
1	14	First-aid per day	1.75	1.80
2	17(ii)	Travelling - Meal each occasion	6.80	7.00
3	17(ii)	Travelling - Accommodation per night	30.10	31.45

 

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 200 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 27 July 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.