NURSING HOMES PROFESSIONAL EMPLOYEES (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 5771 of 2003)

 

 

REVIEWED AWARD

 

1.          Insert in clause 1, Arrangement, of the award published 19 January 2001 (321 I.G. 692), the following new clause number and subject matter and renumber the existing clause 31, Area, Incidence and Duration to read as clause 32.

 

31.  Reasonable Hours

32.  Area, Incidence and Duration

 

2.          Delete the definition of "Association" appearing in clause 2, Definitions, and insert in lieu thereof the following:

 

"Union" means the Health Services Union.

 

3.          Delete subclauses 22.3 and 22.4, of clause 21, Grievance and Dispute Resolution Procedures, and insert in lieu thereof the following:

 

22.3      For the procedure set out in subclauses 22.1 and 22.2, the employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees or the union representative.

 

22.4      For the purposes of this clause, union representative shall mean an employee appointed as union representative who shall, upon notification to the employer in writing thereof, and within 14 days of such appointment, be recognised as the accredited representative of the Health Services Union.

 

4.          Renumber clause 31, Area, Incidence and Duration, to read as clause 32 and insert the following new clause 31.

 

31.  Reasonable Hours

 

(i)         Subject to sub-clause (ii) an employer may require an employee to work reasonable overtime at overtime rates.

 

(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 sub-clause (ii) what is reasonable or other wise 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.

 

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 12 December 2003.

 

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.