THE RICHMOND FELLOWSHIP OF NEW SOUTH WALES (STATE) AWARD 1999

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 5750 of 2003)

 

 

REVIEWED AWARD

 

1.          Rename in clause 1, Arrangement, Industrial Considerations, clause 37, Association Representative, of the award published 14 April 2000 (314 I.G. 1055) to read as follows:

 

37.       Union Representative

 

2.          Insert in clause 1, Arrangement, Industrial Considerations, the following new clause number and subject matter:

 

42.       Reasonable Hours

 

3.          Delete subclause (i) and (ii) of clause 3, Parties, and insert in lieu thereof the following:

 

(i)         Employees of the Richmond Fellowship of New South Wales engaged in the classifications set out in Clause 4, Definitions, whether members of the Health Services Union

 

(ii)        The Health Services Union of New South Wales and its officers and members.

 

4.          Delete in clause 4, Definitions, the definition "Association" and insert in lieu of in alphabetical order the following:

 

"Union" means the Health Services Union.

 

5.          Delete the words "Association" wherever appearing in the award, and insert in lieu thereof the following:

 

"Union"

 

6.          Insert after clause 41, Study Leave, the following new clause.

 

42.  Reasonable Hours

 

(i)         Subject to subclause (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 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.

 

7.          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 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.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.