BREEDING AND RAISING OF PIGS, &c., EMPLOYEES (STATE) AWARD
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5598 of 2003)
Before The Honourable
Mr Deputy President Harrison
2 March 2004
1. Renumber in
clause 1, Arrangement, of the award published 20 July 2001 (326 I.G. 371),
clause 27A Deduction of Union Membership Fees to read as clause 28 and renumber
subsequent clauses accordingly:
of Union Membership Fees
Incidence and Duration
subclause (i) of clause 4, Hours of Work, and insert in lieu thereof the
(a) Subject to the
provisions of paragraph (b) of this subclause, the ordinary hours of work shall
not, without the payment of overtime, exceed 38 hours per week, and shall be
worked continuously, except for meal breaks, for eight hours per day, five days
per week, Monday to Friday inclusive, between the hours of 6:00am and 6:00pm.
(b) Where genuine
agreement exists between the employer and the employee, the following may
The ordinary hours of work shall not, without the
payment of overtime, exceed 38 hours per week, and shall be worked
continuously, except for meal breaks, Monday to Friday inclusive, between the
hours of 6:00am and 6:00pm.
subclause (iii) of clause 5, Superannuation, and insert in lieu thereof the
(iii) The employer
shall contribute to the Fund in accordance with the legislation provided that
employer contributions do not fall below 3% of ordinary time earnings:
Notation: Employer contributions under relevant
legislation are set at 9% from 1 July 2002.
subclause (ix), of clause 5, Superannuation, and insert in lieu thereof the
(ix) Ordinary time
earnings shall be defined as including:
(c) Shift loading
- including weekend and public holiday penalty rates earned by shift employees
on normal rostered shifts forming the ordinary hours of duty not when worked as
5. Delete the
words "bank transfer" wherever appearing in subclause (ii) of clause
6, Payment of Wages, and insert in lieu thereof the following:
electronic funds transfer
6. Delete subclause
(iv), of clause 10, Overtime, and insert in lieu thereof the following:
(iv) An employee
recalled to work overtime during the normal working week (Monday to Friday,
inclusive) after leaving the employer's business premises (whether notified
before or after leaving the premises) shall be paid for a minimum of four
hours' work at the appropriate rate for each time so recalled. However, the employee shall not be required
to work the full four hours if the work the employee is recalled to perform is
completed within a shorter period.
paragraphs (b) and (c), of subclause (iv), of clause 11, Anti-Discrimination
and Harassment, and insert in lieu thereof the following:
(b) Offering or
providing junior rates of pay to persons under 21 years of age.
(c) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977 (NSW).
(d) A party to
this award from pursuing matters of unlawful discrimination in any state or
subclause (v), of clause 16, Bereavement Leave, and insert in lieu thereof the
leave may be taken in conjunction with other leave available under subclause
(ii), (iii), (iv), (v) and (vi) of the said clause 20. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
9. Delete the
title of clause 20, Personal Carers' Leave, and insert in lieu thereof the
10. Delete the
words "subclause (1)" appearing in paragraph (a) of subclause (ii) of
clause 20, Personal/Carers' Leave and insert in lieu thereof the following:
11. Delete the
words "paragraph (1)" wherever appearing in clause 26, Redundancy and
insert in lieu thereof the following:
12. Delete the
words "Employment National" wherever appearing in subclause (D)(vi),
of clause 26, Redundancy, and insert in lieu thereof the following:
13. Delete clause
27, Training Wage, and insert in lieu thereof the following:
Refer to the Rural Traineeship (State) Award.
14. 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 2 March 2004.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
R. W. HARRISON D.P.
the authority of the Industrial Registrar.