MISCELLANEOUS GARDENERS, &C. (STATE) AWARD
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1809 of 2004)
Before The Honourable Mr
Deputy President Harrison
22 June 2004
1. Renumber in
clause 1, Arrangement, clause 31A, Traineeships and clause 32, Area, Incidence
and Duration of the award published 20 April 2001 (324 I.G. 16) to read as:
Incidence and Duration
2. Delete clause
12, Overtime and insert in lieu thereof the following:
(i) All time
worked in excess of and/or outside ordinary working hours shall be paid for at
the rate of time and one-half for the first two hours and double time
thereafter. For the purpose of
computing overtime, each day's work shall stand alone.
(a) Subject to
paragraph (b), an employer may require an employee to work reasonable overtime
at overtime rates or as otherwise provided for in this award.
(b) 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.
(c) For the purposes
of paragraph (b), what is unreasonable or otherwise will be determined having
(1) any risk to
employee health and safety;
(2) the employee's
personal circumstances including any family and carer's responsibilities;
(3) the needs of the
workplace or enterprise;
(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
(5) any other
3. Delete the
words "Occupational Superannuation Standards Act 1987" from
paragraph (g) of
subclause (i) of clause 31,
Superannuation and insert in lieu thereof the following:
"Superannuation Industry (Supervision) Act
4. Delete clause
32, Area, Incidence and Duration and insert in lieu thereof the following:
As to traineeships for persons covered by this award,
see the Training Wage (State) Award 2002 published 26 September 2003 (341 I.G.
569) or any successor thereto.
5. Insert after
clause 32, Traineeships the following new clause:
33. Area, Incidence
(i) This Award
shall apply to all persons employed in the classifications set out in Table 1 -
Wages, of Part B, Monetary Rates, within the jurisdiction of the Miscellaneous
Gardeners, &c. (State) Industrial Committee.
(ii) This award
was made following a review under section 19 of the Industrial Relations Act, 1996 and rescinds and replaces the
Miscellaneous Gardeners, &c. (State) Award published 30 September 1994 (281
I.G. 1211), the Miscellaneous Gardeners, &c., Redundancy (State) Award
published 24 March 1995, (284 I.G. 920) the Miscellaneous Gardeners, &c.
(State) Wages Adjustment Award published 25 August 1995 (287 I.G. 712), and the
Miscellaneous Workers Gardeners, &c. (State) Wages Adjustment and
Allowances Award published 2 May 1997 (298 I.G. 14), and all variations
(iii) This award
takes effect from the beginning of the first full pay period to commence on or
after 16 November 2000 and shall remain in force thereafter for a period of 2
years until varied or rescinded.
(iv) The changes
made to the Award pursuant to the Award review under s.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 18 December 1998
(308 IG 307) take effect on 22 June 2004.
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
R. W. HARRISON D.P.
the authority of the Industrial Registrar.