VAN SALES EMPLOYEES' (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Nos. IRC 2086 and 2087 of 2004)

 

 

VARIATION

 

1.          Delete subclause (c) of clause 6, Supported Wage, of the award published 7 September 2001 (327 I.G. 529) and insert in lieu thereof the following:

 

(c)        Supported Wage Rates - 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.

 

2.          Delete paragraph (iii) of subclause (i) of clause 6, 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.

 

3.          Delete clause 11, Overtime, and insert in lieu thereof the following:

 

11.  Overtime

 

(1)        All time worked -

 

(a)        In excess of 38 hours per week;

 

(b)        Before the commencing time on any day;

 

(c)        After the prescribed ceasing time on any day;

 

(d)        All time worked on a Saturday shall not be ordinary hours but classified as overtime and paid as such;

 

shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

 

(2)        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) 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.

 

4.          Delete Item Numbers 2, 3, 4 & 5 from Table 2 - Other Rates and Allowances, of Part B - Monetary Rates, and insert in lieu thereof.

 

Item No.	Clause No.	Brief Description	Amount
			$
2	18(i)	Meal Allowance	10.10
3	44(i)	Laundering Allowance - non nylon articles	8.40
4	44(i)	Laundering Allowance - nylon articles	5.10
5	18(ii)	Meal Allowance for working Trade Fairs, etc. on	10.10
		Sundays and Public Holidays

 

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

 

 

 

M. SCHMIDT  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.