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New South Wales Industrial Relations Commission
(Industrial Gazette)





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MISCELLANEOUS GARDENERS, &c. (STATE) AWARD
  
Date10/17/2003
Volume341
Part9
Page No.
DescriptionVSW - Variation following State Wage Case
Publication No.C2171
CategoryAward
Award Code 480  
Date Posted10/16/2003

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(480)

SERIAL C2171

 

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.

 

 

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