SYDNEY LIGHT RAIL (STATE) AWARD 1997

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 5622 of 2003)

 

 

REVIEWED AWARD

 

1.          Delete clause 15 Overtime, of the award published 13 March 1998 (303 I.G. 946), and insert in lieu thereof the following:

 

15.  Overtime

 

(i)         Subject to subclause (ii) an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

(ii)        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.

 

(iii)       For the purposes of subclause (ii) what is unreasonable or otherwise will be determined having regard to:

 

(a)        any risk to employee health and safety;

 

(b)        the employee's personal circumstances including any family and carer responsibilities;

 

(c)        the needs of the workplace or enterprise;

 

(d)        the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(e)        any other relevant matter.

 

(iv)       No party to this award shall in any way, whether directly or indirectly, be party to or concerned in a ban, limitation or restriction upon the working of overtime in accordance with the requirement of this clause.

 

(v)        All time worked in excess of 8 hours in any shift shall be paid for at the rate of time and a half for the first three hours and double time thereafter.

 

(vi)       An employee called upon to work overtime beyond the normal rostered shift after 11.30 pm and before 5.30 am shall, upon request, be provided by the employer with transport to and from his/her place of residence.

 

(vii)      An employee required to work after the conclusion of a shift is entitled to be absent until he/she has had 10 consecutive hours off duty and no deduction of pay is to be made for ordinary time of duty occurring during the absence.

 

2.          The changes made to the award pursuant to the Award Review under 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 New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 27 November 2003.

 

 

 

R. W. HARRISON  D.P.

 

 

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Printed by the authority of the Industrial Registrar.