LANDSCAPE GARDENERS, &c. (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Workers' Union, New South Wales, industrial organisation of
employees.
(No. IRC 3302 of 2003)
|
Before Mr Deputy
President Grayson
|
4 July 2003
|
VARIATION
1. Delete
subclause (vii) of clause 2, Rates of Pay, of the award published 25 May 2001
(324 I.G. 1275), and insert in lieu thereof the following:
(vii) 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 a
subclause (iii) in clause 5, Overtime.
(iii) Reasonable
Overtime
(a) Subject to (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 (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 Pay
|
Classification
|
SWC 2002
|
SWC 2003
|
SWC 2003
|
|
|
Amount
|
Adjustment
|
Amount
|
|
|
$
|
$
|
$
|
|
Landscape Gardener (100%)
|
525.20
|
17.00
|
542.20
|
|
Landscape Gardener (Assistant Tradesperson) (92%)
|
489.80
|
17.00
|
506.80
|
|
Labourer (83%)
|
452.30
|
17.00
|
469.30
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause
|
Brief Description
|
SWC 2001
|
SWC 2002
|
|
|
No.
|
|
Amount
|
Amount
|
|
|
|
|
$
|
$
|
|
1
|
2(ii)
|
Leading Hand Allowance
|
15.45 per week
|
15.95 per week
|
|
2
|
6(i)
|
Meal Allowance
|
10.20 per meal
|
10.50 per meal
|
|
3
|
9
|
First Aid Allowance
|
9.45 per week
|
9.75 per week
|
|
4
|
14(iv) (a)
|
Country Work Allowance
|
311.90
|
326.20
|
|
5
|
14(vi)
|
Travelling Allowance
|
|
|
|
|
|
Meals
|
10.20 per meal
|
10.50 per meal
|
|
|
|
Accommodation
|
45.60 per night
|
47.60 per night
|
"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.
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.