AUSTRALIAN RED CROSS BLOOD SERVICE 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 1735 of 2004)

 

 

REVIEWED AWARD

 

1.          Insert in numerical order in clause 1, Arrangement, of the award published 22 February 2002 (331 I.G. 709), the following new clause number and subject matter:

 

40.       Reasonable Hours

 

2.          Renumber the existing clause 40, Area, Incidence and Duration, in clause 1, Arrangement, to read as follows:

 

41.       Area, Incidence and Duration.

 

3.          Delete the definition "Association" in clause 2, Definitions, and insert in alphabetical order, thereof the following:

 

"Union" means the Health Services Union"

 

4.          Delete the words "Association", wherever it appears in the award, and insert in lieu thereof the following:

 

"Union"

 

5.          Delete subclauses (ii) of clause 24, Dispute Resolution, and insert in lieu thereof the following:

 

(ii)        If the matter is not resolved within a reasonable time it must be referred by the Designated Manager to the Operations Manager (NSW) of the employer (or his or her nominee) and may be referred by the employee to the Union's Head Office.  Discussions at this level must take place within a reasonable time with a view to resolving the issue in dispute.  Failing settlement of the issue at this level, the matter shall be dealt with in accordance with subclause (iii) of this clause.

 

6.          Delete clause 26, Association Representative, and insert in lieu thereof the following:

 

26.  Union Representative

 

An employee appointed Union representative shall upon notification thereof in writing to the Operations Manager (NSW), be recognised as the accredited representative of the Union and shall be allowed the necessary time during working hours, to interview the employer on matters affecting employees.

 

7.          Delete clause 27, Notice Board, and insert in lieu thereof the following:

 

27.  Notice Board

 

The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position upon which the Union representative shall be permitted to post Union notices.

 

8.          Delete clause 29, Workforce Review, and insert in lieu thereof the following:

 

 

29.  Workforce Review

 

Any proposal to reorganise a department or service that will significantly affect employees covered by the Union will be the subject of genuine consultation with the Union.

 

9.          Delete clause 31, Association Subscriptions, and insert in lieu thereof the following:

 

 

31.  Union Subscriptions

 

The employer agrees, subject to prior written authorisation by Union members, to deduct Union subscriptions from the pay of the authorising members and remit to the Union.

 

10.        Delete the reference "clause 40, Area, Incidence and Duration" in subclause (1) " of clause 36, Salary Sacrifice to Superannuation, and insert in lieu thereof the following:

 

"41. Area, Incidence and Duration"

 

11.        Renumber clause 40, Area, Incidence and Duration, to read as clause 41.

 

12.        Insert after clause 39, Redundancy Provisions, the following new clause:

 

 

40.  Reasonable Hours

 

(i)         Subject to sub-clause (ii) an employer may require an employee to work reasonable overtime at overtime rates.

 

(ii)        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.

 

(iii)       For the purposes of sub-clause (ii) what is reasonable or other wise will be determined having regard to:

 

(a)        any risk to employee health and safety.

 

(b)        The employee’s personal circumstances including any family and carer responsibilities.

 

(c)        The needs of the workplace or enterprise.

 

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

 

(e)        Any other relevant matter.

 

13.        Delete subclause (iv) of clause 40, Area, Incidence and Duration, and insert in lieu thereof the following new subclauses:

 

(iv)       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 8 June 2004.

 

 

 

 

 

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

 

 

 

J. P. GRAYSON  D.P.

 

 

 

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Printed by the authority of the Industrial Registrar.