RACE CLUBS 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)
Before The Honourable
Justice Kavanagh
|
10 July 2003
|
VARIATION
1. Delete
subclause (1) of clause 2, Arbitrated Safety Net Adjustment of the award
published 24 August 2001 (327 I.G. 95), and insert in lieu thereof the
following:
(1) 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. Insert the
following new subclause (5) in clause 10 Overtime:
(5) 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) 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 - Rates of Wages
|
SWC 2002
|
SWC 2003
|
SWC 2003
|
Classification
|
Amount
|
Adjustment
|
Amount
|
|
$
|
$
|
$
|
Race Club Employee 1 - 110%
|
|
|
|
Track Foreman
|
567.00
|
17.00
|
584.00
|
Foreman Gardener
|
567.00
|
17.00
|
584.00
|
Race Club Employee 2 - 100%
|
|
|
|
Tradesman
|
525.20
|
17.00
|
542.20
|
Race Club Employee 3 - 92.4%
|
|
|
|
Leading Hand (Track and Maintenance)
|
491.50
|
17.00
|
508.50
|
Leading Hand (Gardener)
|
491.50
|
17.00
|
508.50
|
Race Club Employee 4 - 89%
|
|
|
|
Track Crossing Attendant
|
477.30
|
17.00
|
494.30
|
Propagator
|
477.30
|
17.00
|
494.30
|
Race Club Employee 5 - 86%
|
|
|
|
Gardener (as defined)
|
464.80
|
17.00
|
481.80
|
Fettler
|
464.80
|
17.00
|
481.80
|
General Track or Maintenance Hand
|
464.80
|
17.00
|
481.80
|
Race Club Employee 6 - 82%
|
|
|
|
General Maintenance Labourer and Cleaner
|
448.10
|
17.00
|
465.10
|
Employee not else where classified
|
448.10
|
17.00
|
465.10
|
Race Club Employee 7 - 78%
|
|
|
|
Employee undertaking up to 3 months on the job training
|
431.40
|
17.00
|
448.40
|
Plant Operators
|
|
|
|
Plant Operator 1 - (92.4%)
|
491.50
|
17.00
|
508.50
|
Plant Operator 2 - (87.4%)
|
470.70
|
17.00
|
487.70
|
Table 2 - Other Rates and Allowances
Item
|
Clause
|
Brief Description
|
SWC 2002
|
SWC 2003
|
No.
|
No.
|
|
Amount
|
Amount
|
|
|
|
$
|
$
|
1
|
3 (2) (a)
|
Employee other than a Plant Operator, required to
|
1.75 per day or
|
1.80 per day or
|
|
|
use a scythe or operate a power mower
|
part thereof
|
part thereof
|
2
|
3 (2) (b)
|
Employee other than a Plant Operator, required to
|
1.75 per day or
|
1.80 per day or
|
|
|
operate a tractor with or without attachments
|
part thereof
|
part thereof
|
|
|
and/or front end loader
|
|
|
3
|
3 (2) (c)
|
Employees required to use pesticides, weedicides
|
1.85 per day
|
1.90 per day
|
|
|
Or poisonous sprays
|
|
|
4
|
3 (2) (d)
|
First-aid Allowance
|
2.42 per day
|
2.50 per day
|
5
|
3 (2) (e)
|
Meal Allowance for overtime
|
7.65
|
7.65
|
6
|
3 (2) (f)
|
Horse handling allowance
|
1.75 per day or
|
1.80 per day or
|
|
|
|
part thereof
|
part thereof
|
"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.
T. M. KAVANAGH J.
____________________
Printed by the
authority of the Industrial Registrar.