EXHIBITION INDUSTRY (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 3515 of 2003)

 

 

VARIATION

 

1.          Insert after subclause (e) of clause 7 Overtime, of the award published 6 October 2000 (319 I.G. 1), the following new subclause :

 

(f)         Reasonable Overtime

 

(i)         Subject to paragraph (ii) below, an employer may require 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 reasonable.

 

(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.

 

2.          Delete clause 28, State Wage Case Adjustments, of the award and insert in lieu thereof the following:

 

28.  State Wage Case Adjustments

 

The rates of pay in this award include the adjustments payable under the State Wage Case 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.

 

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

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

The minimum rate of pay for any weekly employee under this award shall be prescribed hereunder for the relevant classification:

 

Classification	SWC 2002	SWC 2003	SWC 2003
	Amount	Adjustment	Amount
	$	$	$
Assistant Technician	495.50	17.00	512.50
Assistant Technician - Experienced	580.00	17.00	597.00
Technician	620.20	17.00	637.20
Guest Host/Customer Liaison Person	584.50	17.00	601.50
Designer/Planner	800.20	15.00	815.20

 

Table 2 - Casual Rates

 

The minimum hourly rate of pay for a casual employee under this award shall be as prescribed hereunder for the relevant classification.

 

Casual employees shall be paid for a minimum of four hours worked on any call, to be worked continuously except for meal breaks.

 

The hourly rates contained herein have been loaded by twenty per cent to compensate casual employees for all incidents of paid leave arising from this award as well as annual leave.

 

Note - The amount of the adjustment to hourly rates for casuals shall be determined in the following manner.  The State Wages Case adjustment amount (if any) shall be divided by 38 and the resulting amount loaded by 20%.

 

Classification	SWC 2002	SWC 2003	SWC 2003
	Amount	Adjustment	Amount
	$	$	$
Assistant Technician	14.50	0.55	15.05
Assistant Technician  - Experienced	15.40	0.55	15.95
Technician	17.05	0.55	17.60
Casual Loader
8.00am to 6.00pm	14.00	0.55	14.55
6.00pm to Midnight	16.50	0.55	17.05
Midnight to 8.00am	20.95	0.55	21.50
Casual Stage Hands
8.00am to 6.00pm	16.45	0.55	17.00
6.00pm to Midnight	19.70	0.55	20.25
Midnight to 8.00am	25.15	0.55	25.70

 

Saving Provision - The rates of pay outlined in Table 1 - Rates of Pay and Table 2 Casual Rates shall be applied so as to ensure that:

 

(a)        No employee shall suffer any loss of weekly or ordinary time rates or reduction in conditions of employment as a result of the making of this award.  For the purpose of this subclause any employee terminated and then re-employed by the same employer for the purpose of circumventing this provision shall be re-employed on the same classification.

 

(b)        The provision of this clause in so far as it applies to rates of pay shall apply only to the employee's rate of pay for his or her ordinary hours of work, however, the union shall have the right to refer any individual case in which the provisions of the subclause may operate unfairly to the Industrial Relations Commission of New South Wales for conciliation and/or arbitration.

 

Table 3 - Other Rates and Allowances

 

Item No.	Clause No.	Brief Description	Amount
			$
1	27(c)	Meals and incidental expenses allowance	35.05 per day
2	27(c)	Reduced meals and incidental expenses allowance	10.25 per day

 

4.          This variation shall take effect from the first full pay period to commence on or after 6 August 2003.

 

 

 

T. M. KAVANAGH  J.

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.