WHOLESALE FRUIT AND VEGETABLE 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 5595 of 2003)
|
Before Mr Deputy President
Grayson
|
5 February 2004
|
REVIEWED AWARD
1. Insert after
subclause (iii) of clause 4, Overtime of the award published 8 September 2000
(318 I.G. 552), the following new subclause:
(iv) Subject to subclause
(v) below, an employer may require an employee to work reasonable overtime at
overtime rates.
(v) 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.
(vi) For the
purposes of subclause (v) above, 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.
2. Delete subclause
(c), Supported Wage Rates of clause 18, Supported Wage and insert in lieu
thereof the following:
Supported Wage Rates
(c) 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(subclause
(d))
|
% of Prescribed Award 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 higher degree
of assistance and support.
3. Delete paragraph
(iii) of subclause (i), Trial Period of clause 18, 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
$60.00 per week.
4. Insert at the
end of clause 33, Area, Incidence and Duration the following new paragraphs:
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
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.
____________________
Printed by
the authority of the Industrial Registrar.