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New South Wales Industrial Relations Commission
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BREEDING AND RAISING OF PIGS, &c., EMPLOYEES (STATE) AWARD
  
Date09/03/2004
Volume346
Part4
Page No.
DescriptionRVIRC - Award Review Variation by Industrial Relations Commission
Publication No.C2640
CategoryAward
Award Code 050  
Date Posted09/02/2004

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(050)

SERIAL C2640

 

BREEDING AND RAISING OF PIGS, &c., 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 5598 of 2003)

 

Before The Honourable Mr Deputy President Harrison

2 March 2004

 

REVIEWED AWARD

 

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:

 

28.       Deduction of Union Membership Fees

29.       Area, Incidence and Duration

 

2.          Delete subclause (i) of clause 4, Hours of Work, and insert in lieu thereof the following:

 

(i)

 

(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 apply:

 

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.

 

3.          Delete subclause (iii) of clause 5, Superannuation, and insert in lieu thereof the following:

 

(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.

 

4.          Delete subclause (ix), of clause 5, Superannuation, and insert in lieu thereof the following:

 

(ix)       Ordinary time earnings shall be defined as including:

 

(a)        Award classification rate.

 

(b)       Overaward payment.

 

(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 overtime.

 

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.

 

7.          Delete 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 federal jurisdiction.

 

8.          Delete subclause (v), of clause 16, Bereavement Leave, and insert in lieu thereof the following:

 

(v)        Bereavement 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 following:

 

Personal/Carers' Leave

 

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:

 

subclause (i)

 

11.        Delete the words "paragraph (1)" wherever appearing in clause 26, Redundancy and insert in lieu thereof the following:

 

paragraph (i)

 

12.        Delete the words "Employment National" wherever appearing in subclause (D)(vi), of clause 26, Redundancy, and insert in lieu thereof the following:

 

Centrelink

 

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.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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