WHOLESALE FRUIT AND VEGETABLE EMPLOYEES' (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Shop, Distributive and Allied Employees' Association, New South Wales, industrial organisation of employees.

 

(No. IRC 2077 of 2004)

 

 

VARIATION

 

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

 

(a)        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.

 

(b)        For the purposes of paragraph (a) above, 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.          Delete subclause (c) of clause 18, Supported Wage, and insert in lieu thereof the following:

 

(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))	Percentage 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 not be less than $60.00 per week.)

 

* Where a person’s assessed capacity is 10 per cent, they shall receive a high degree of assistance and support.

 

3.          Delete paragraph (iii) of subclause (i) of the said clause 18 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.          Delete Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, and insert in lieu thereof the following:

 

Item No.	Clause No.	Brief Description	Amount
			$
1	4	Meal Allowance - Commencing work before regular	10.30
		time or working after 5pm

 

5.          This variation will take effect on and from the first full pay period commencing on or after 15 April 2004.

 

 

 

M. SCHMIDT  J.

 

 

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Printed by the authority of the Industrial Registrar.