RECORDED MUSIC AND VISUAL ENTERTAINMENT REPRODUCTION (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Gramophone Records Industry Union of New South Wales, industrial organisation of employees.

 

(No. IRC 789 of 2004)

 

 

VARIATION

 

1.          Insert after subclause (vi) of clause 9, Overtime, of the award published 5 October 2001 (328 I.G. 418) the following new subclause:

 

(vii)      Reasonable Working Hours

 

(a)        Subject to paragraph (b) of this subclause, an employer may require an employee to work reasonable overtime at overtime rates, or as otherwise provided for in this award.

 

(b)        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.

 

(c)        For the purposes of paragraph (b) of this subclause, what is unreasonable or otherwise will be determined having regard to:

 

(i)         any risk to employee health and safety;

 

(ii)        the employee’s personal circumstances including any family and carer responsibilities;

 

(iii)       the needs of the workplace or enterprise;

 

(iv)      the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(v)       any other relevant matter.

 

2.          This variation shall take effect from the first full pay period to commence on or after 18 March 2004.

 

 

 

F. MARKS  J.

 

 

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Printed by the authority of the Industrial Registrar.