MOTOR VEHICLE SALESPERSON (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 5627 of 2003)

 

 

REVIEWED AWARD

 

1.          Insert after clause 30, Contract of Employment of clause 1, Arrangement of the award published 3 November 2000 (319 I.G. 1092), the following:

 

30A.  Reasonable Overtime

 

2.          Delete subclause (c) of clause 7, Supported Wage and insert in lieu thereof the following

 

(c)        Supported Wage Rates - Employees to whom this clause applies shall be paid the appropriate percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:

 

Assessed Capacity	% of Prescribed Award
(subclause (d))	Rate
10%*	10%
20%	20%
30%	30%
40%	40%
50%	50%
60%	60%
70%	70%
80%	80%
90%	90%

 

(Provided that the minimum amount payable shall be not less than $60.00 per week).

 

* Where a person's assessed capacity is 10 per cent, they shall receive a high degree of assistance and support.

 

3.          Delete paragraph (iii) of subclause (i) of clause 7, Supported Wage and insert in lieu thereof the following

 

(iii)       The minimum amount payable to the employee during the trial period shall be no less than $60 per week.

 

4.          Insert after clause 30, Contract of Employment, the following new clause 30A:

 

30A.  Reasonable Overtime

 

(i)         Subject to clause 30A(i)(a) an employer may require an employee to work reasonable overtime at overtime rates.

 

(a)        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.

 

(b)        For the purposes of clause 30A(i)(a) 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 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.

 

5.          The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of NSW on 28 April 1999 (310 I.G. 359) and take effect on 27 November 2003.

 

 

 

R. W. HARRISON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.