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New South Wales Industrial Relations Commission
(Industrial Gazette)

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Page No.715
DescriptionRVIRC - Award Review Variation by Industrial Relations Commission
Publication No.C2850
Award Code 310  
Date Posted08/06/2007

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


(No. IRC 1863 of 2004)


Before The Honourable Mr Deputy President Harrison

23 June 2004




1.          Delete clause 17, State Personal/Carer's Leave Case - August 1996, in the Arrangement of the award published 14 September 2001 (327 I.G. 802) and insert in lieu thereof the following:


17.       Personal/Carer's Leave


2.          Insert in numerical order in the Arrangement the following new clause number and subject matter:


30.       Deduction of Union Membership Fees


3.          Renumber clause 28A, Traineeships, and clause 29, Area, Incidence and Duration, in the Arrangement to read as follows:


29.       Traineeships

31.       Area, Incidence and Duration


4.          Insert after subclause 9.3 of clause 9, Overtime, the following new subclauses:


9.4        Subject to subclause 9.5 of this clause, an employer may require an employee to work reasonable overtime at overtime rates.


9.5        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.


9.6        For the purposes of subclause 9.5 of this clause, what is unreasonable or otherwise will be determined having regard to:


9.6.1     any risk to employee health and safety;


9.6.2     the employee's personal circumstances, including any family and carer responsibility;


9.6.3     the needs of the workplace or enterprise;


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


9.6.5     any other relevant matter.


5.          Renumber clause 28A, Traineeships, to read as clause 29.






6.          Insert after clause 29, Traineeships, the following new clause:


30.  Deduction of Union Membership Fees


30.1      The employer shall deduct Union membership fees from the pay of any employee who is a member of the Union in accordance with the Union's rules, provided that the employee has authorised the employer to make such deductions.  Any such authorisation shall be in writing.  Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee's consent to do so.  Such consent may form part of the written authorisation.


30.2      Monies so deducted from employee's pay will be forwarded to the Union forthwith together with all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts.


30.3      Where an employee has already authorised the deduction of Union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or to continue.


30.4      The Union shall advise the employer of any change to the amount of membership fees made under its rules.  The Union shall give the employer a minimum of one month's notice of any such change.


30.5      An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union memberships fees.


30.6      Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke in writing the authorisation to the employer in order for payroll deductions of Union membership fees to cease.


7.          Renumber clause 30, Area, Incidence and Duration, to read as clause 31.


8.          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 23 June 2004.


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










Printed by the authority of the Industrial Registrar.


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