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New South Wales Industrial Relations Commission
(Industrial Gazette)





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SYDNEY AQUARIUM STAFF (STATE) AWARD 1998
  
Date12/19/2003
Volume342
Part6
Page No.
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C2147
CategoryAward
Award Code 1341  
Date Posted12/17/2003

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1341)

SERIAL C2147

 

SYDNEY AQUARIUM STAFF (STATE) AWARD 1998

 

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)

 

Before The Honourable Justice Kavanagh

10 July 2003

 

VARIATION

 

1.          Delete subclause 11.2 of clause 11, Living Away from Home Allowance, of the award published 21 September 2001 (327 I.G. 1147), and insert in lieu thereof the following:

 

11.2      The company shall pay to the employee $38.40 per day in lieu of additional meals and incidental expenses incurred by the employee, provided that such payment may be reduced to $10.25 per day where the company provides the employee with breakfast and dinner, except in circumstances where the company pays all costs associated with board and accommodation, in which case the company shall not be required to make any payment.

 

2.          Insert after subclause 14.5 of clause 14 Excess Hours Worked the following new subclause:

 

14.6      Reasonable Overtime

 

(a)        Subject to paragraph (b) 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.

 

(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 reasonable.

 

(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 clause 38, State Wage Case Adjustment, and insert in lieu thereof the following:

 

38.  State Wage Case Adjustment

 

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.

 

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

 

PART B

 

Monetary Rates And Allowances

 

1.          Aquarists - The following weekly rates of pay shall be the minimum rate of pay for a 38-hour week for Aquarists as defined in clause 8, Classifications and Rates of Pay:

 

Classification

Weekly Rate

 

$

Aquarist Grade 5

458.60

Aquarist Grade 4

517.20

Aquarist Grade 3

577.75

Aquarist Grade 2

634.30

Aquarist Grade 1

730.27

 

2.          Recreation and Leisure Staff - The following weekly rates of pay shall be the minimum rate of pay for a 38-hour week for recreation and leisure staff as defined in the said clause 8:

 

Classification

Weekly Rate

 

$

Grade 5

448.40

Grade 4

465.10

Grade 3

487.60

Grade 2

542.20

Grade 1

605.40

 

3.          Cleaning Staff - The following rates of pay shall be the minimum hourly rate of pay for cleaners as defined in clause 8. These rates include a component to compensate employees for cleaning toilets. The rates for casual employees are also inclusive of a casual loading and the 1/12 component payable under the Annual Holidays Act 1944.

 

Classification

Hourly Rates

Cleaner (Shift)

Weekday

Saturday

Sunday

Public Holiday

 

$

$

$

$

Day Shift

12.37

18.55

24.74

30.93

Afternoon Shift

14.07

18.55

24.74

30.93

Night Shift

15.80

18.55

24.74

30.93

Casual (Shift)

 

 

 

 

Day Shift

15.15

22.73

30.30

37.88

Afternoon Shift

17.36

22.73

30.30

37.88

Night Shift

19.56

22.73

30.30

37.88

 

Leading Hand Allowance - A cleaner placed in charge of other cleaners shall be paid the following rates in addition to the relevant hourly rate of pay set out above:

 

 

Per Week (38 Hours)

Per Hour

 

$

$

1 - 5 Employees

21.13

0.56

6 - 10 Employees

23.99

0.63

 

4.          Café Staff - The following weekly rates of pay shall be the minimum rate of pay for a 38-hour week for cafe staff as defined in clause 8:

 

Classification

Weekly Rate

 

$

Grade 5

455.30

Grade 4

472.30

Grade 3

497.90

Grade 2

516.60

Grade 1

591.60

 

5.          First-aid Allowance - $10.68 per week.

 

*N.B: The weekly rates contained herein have a $10.00 per week component to fully compensate employees in regard to all aspects of air assisted driving associated with these functions.

 

5.          This variation shall take effect from the first full pay period to commence on or after 27 July 2003.

 

 

 

T. M. KAVANAGH  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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