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New South Wales Industrial Relations Commission
(Industrial Gazette)

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Page No.
DescriptionRVIRC - Award Review Variation by Industrial Relations Commission
Publication No.C2879
Award Code 480  
Date Posted02/17/2005

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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:


32.        Traineeships

33.       Area, Incidence and Duration


2.          Delete clause 12, Overtime and insert in lieu thereof the following:


12.  Overtime


(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 regard to:


(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 relevant matter.


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 1993"


4.          Delete clause 32, Area, Incidence and Duration and insert in lieu thereof the following:


32.  Traineeships


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 and Duration


(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 thereof.


(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.











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