ENTERTAINMENT AND BROADCASTING INDUSTRY - CINEMA (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 5801 of 2003)

 

 

REVIEWED AWARD

 

1.          Delete clause 6, Relationship with Other Awards of the award published 6 October 2000 (319 I.G. 20), and insert in lieu thereof the following:

 

6.  Relationship With Other Awards

 

This award supersedes the Entertainment and Broadcasting Industry - Cinema (State) Award published 6 October 2000 (319 I.G. 20), as varied, relating to employment in the industry covered by this award, but no right , obligation or liability accrued or incurred under such previous award will be affected.

 

2.          Delete subclause 14.6 of clause 14, Anti-Discrimination.

 

3.          Delete subclause 21.1 of clause 21, Overtime, and insert in lieu thereof the following:

 

21.1      Requirement to Work Reasonable Overtime

 

21.1.1   Subject to subclause 21.1.2, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

21.1.2   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.

 

21.1.3   For the purposes of subclause 21.1.2, 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 or 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.          The changes made to the award pursuant to the Award Review under 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 New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 5 February 2004.

 

 

This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

 

 

A. W. MACDONALD, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.