MISCELLANEOUS GARDENERS, &c. (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial
organisation of employees.
(No. IRC 3727 of 2003)
Before Commissioner
Bishop
|
19 August 2003
|
VARIATION
1. Delete
paragraph (b) of subclause (i) of clause 10, Wages, of the award published 20 April
2001 (324 I.G. 16), as varied, and insert in lieu thereof the following:
(b) The rates of
pay in this award include the adjustments payable under the State Wage Case
2003. These adjustments may be offset
against:
(1) any equivalent
over award payments; and/or
(2) award wage
increases since 29 May 1991 other than Safety Net, State Wage Case, and minimum
rates adjustments.
2. Delete Part
B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Wages
Classification
|
Former Rate Per
Week
|
SWC 2003
|
Total Rate Per Week
|
|
$
|
$
|
$
|
Introductory Level
|
431.40
|
17.00
|
448.40
|
Level 1
|
448.10
|
17.00
|
465.10
|
Level 2
|
470.60
|
17.00
|
487.60
|
Level 3
|
491.50
|
17.00
|
508.50
|
Level 4
|
525.20
|
17.00
|
542.20
|
Table 2 - Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
11(i)
|
Leading Hand Allowance
|
21.59 per week, or
|
|
|
|
4.31 per day
|
2
|
11(ii)
|
First Aid Certificate
|
11.75 per week
|
3
|
11(ii)
|
First Aid Certificate
|
2.35 per day
|
4
|
11(iii)
|
Meal Money
|
7.21 per meal
|
3. Delete clause
12, Overtime, and insert in lieu thereof the following:
12. Overtime
(i) All time worked
in excess of and/or outside ordinary working hours shall be paid for at the
rate of time and one-half for the first two hours and double time
thereafter. For the purpose of
computing overtime, each day's work shall stand alone.
(ii)
(a) Subject to
paragraph (b), 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:
(1) any risk to
employee health and safety;
(2) the employee's
personal circumstances including any family and carer's responsibilities;
(3) the needs of
the workplace or enterprise;
(4) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(5) any other
relevant matter.
4. This
variation shall take effect from the first pay period commencing on or after 4
September 2003.
E. A. R. BISHOP,
Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.