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New South Wales Industrial Relations Commission
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THEATRE MANAGERS (STATE) AWARD 1998
  
Date10/01/2004
Volume346
Part7
Page No.672
DescriptionRVIRC - Award Review Variation by Industrial Relations Commission
Publication No.C2828
CategoryAward
Award Code 664  
Date Posted08/06/2007

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(664)

SERIAL C2828

 

THEATRE MANAGERS (STATE) AWARD 1998

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 5800 of 2003)

 

Before Commissioner Macdonald

16 April 2004

 

REVIEWED AWARD

 

1.          Delete clause 1, Title, of the award published 24 November 2000 (320 I.G. 543), and insert in lieu thereof the following:

 

1.  Title

 

This award shall be known as the Theatre Managers (State) Award.

 

2.          Insert in clause 2, Arrangement, the following new clause number and subject matter and renumber the existing clause 35, Area, Incidence and Duration to read as clause 36:

 

35.       Anti-Discrimination

 

3.          Rename in clause 2, Arrangement, clause 4, Arbitrated Safety Net, to read as State Wage Case Adjustment.

 

4.          Delete the words "Allowances, Part B" in subclause (a) of clause 8, Confectionary Shops, Stalls and/or Milk Bars and/or Snack Bars and Licensed Liquor Bars, and insert in lieu thereof the following:

 

Allowances, of Part B

 

5.          Delete subclause (c) of clause 15, Overtime, and insert in lieu thereof the following:

 

Notwithstanding the provisions of clause 32, Personal Carers Leave of this Award, time off shall not be given in lieu of payment for overtime.

 

6.          Renumber clause 35, Area, Incidence and Duration, to read as clause 36 and insert in lieu thereof the following new clause 35:

 

35.  Anti-Discrimination

 

(1)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(2)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(3)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

(4)        Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(5)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

 

NOTES

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

“Nothing in this Act affects … any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”

 

7.          Insert at the end of clause 36, Area, Incidence and Duration, the following two new paragraphs:

 

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 16 April 2004.

 

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

 

 

 

A. W. MACDONALD, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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