CLERICAL EMPLOYEES IN RETAIL (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 5793 of 2003)

 

 

REVIEWED AWARD

 

1.          Delete subclause (ii) and (iii) of clause 1, Definition of the award published 11 August 2000 (317 I.G. 778) and insert in lieu thereof the following:

 

(ii)        "Special Shops" means and includes audio shops, book shops, video shops, cake and pastry shops, cooked provisions shops, take-away food shops, fish shops, flower shops, garden plant shops, hairdressers' shops, newsagencies, pet shops, souvenir and gift shops, tobacconists' shops (each as defined in Schedule 1 - Shops and Industries (Trading) Regulations to the Shops and Industries Act 1962), small shops (as defined in Section 78B of the Shops and Industries Act 1962) and retail liquor shops.

 

(iii)       "Confection Shops" means and includes confectioners' shops, refreshment shops and fruit and vegetable shops as defined in Schedule 1 - Shops and Industries (Trading) Regulation to the Shops and Industries Act 1962.

 

2.          Delete subclause (vi) of clause 20, Holidays and insert in lieu thereof the following:

 

(vi)       In addition to the holidays prescribed in subclause (i) of this clause, weekly employees shall be entitled to an additional holiday without loss of pay, and this day shall be known as the picnic day of the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union.

 

3.          Delete subclause (vii) of clause 22, Time and Payment of Wages, and insert in lieu thereof the following:

 

(vii)

 

NOTE - Pay Slips

 

The Industrial Relations (General) Regulation 2001 provides that the following written particulars are to be supplied by the employer to an employee when remuneration is paid to the employee.

 

4.          Delete subclause (vii) and paragraph (a) of subclause (viii) of clause 30, Annual Holidays Loading and insert in lieu thereof the following:

 

(vii)      Where, in accordance with the Act the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned.

 

(viii)

 

(a)        When the employment of an employee is terminated by his/her employer for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled, he/she shall be paid a loading calculated in accordance with subclause (v) for the period not taken.

 

5.          Insert a new subclause (iv) in clause 37, Area, Incidence and Duration.

 

(iv)       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 5 February 2004.

 

This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

 

 

J. P. GRAYSON  D.P.

 

 

 

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Printed by the authority of the Industrial Registrar.