NURSERIES 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 3514 of 2003)

 

 

VARIATION

 

1.          Delete subclause (g) of clause 5, Wages, of the award published 12 April 2001 (323 I.G. 1041), and insert in lieu thereof the following:

 

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

 

(a)        any equivalent overaward payments, and/or

 

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

 

2.          Insert a new subclause (e) in clause 6 Overtime:

 

(e)        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) 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 (1), Adult Employees, of Table 1 - Wage Rates, of Part B, Monetary Rates, and insert in lieu thereof the following:

 

(1)        Adult Employees -

 

Classification	SWC 2002 Amount	SWC 2003 Adjustment	SWC 2003 Amount
	$	$	$
Senior Nursery Tradesperson	566.90	17.00	583.90
Nursery Tradesperson	525.20	17.00	542.20
Mobile Nursery Person	494.00	17.00	511.00
Trainee Nursery Person	473.20	17.00	490.20
Micro-Propagation Processor	473.20	17.00	490.20
Nursery Hand	452.30	17.00	469.30

 

4.          Delete Table 2 - Other Rates and Allowances, of the said Part B, and insert in lieu thereof the following:

 

Table 2 - Other Rates and Allowances

 

Item No.	Clause No.	Brief Description	Existing Allowance	Amount
			$	$
1	16(b)	First-aid	1.60	1.65
2	18 (a)	Meal Allowance	8.00	8.25

 

"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.

 

5.          This variation shall take effect from the first full pay period to commence on or after 19 July 2003.

 

 

 

T. M. KAVANAGH  J.

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.