RESTAURANT, &c., EMPLOYEES' RETAIL SHOPS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Shop, Distributive and Allied Employees' Association, New South Wales, industrial organisation of employees, and another.

 

(Nos. IRC 3553 and 3554 of 2004)

 

 

VARIATION

 

1.          Insert after subclause (iv) of clause 11, Overtime, of the award published 31 August 2001 (327 I.G. 368), the following new subclause.

 

(v)        Subject to clause (v)(a) an employer may require an employee to work reasonable overtime at overtime rates.

 

(a)        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.

 

(b)       For the purposes of clause (v)(a) what is unreasonable or otherwise will be determined having regard to:

 

(i)         any risk to employee health and safety;

 

(ii)        the employee’s personal circumstances including any family and carer responsibilities;

 

(iii)       the needs of the workplace or enterprise;

 

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

 

(v)        any other relevant matter.

 

2.          Delete the reference "$57.60" in subclause (c) of clause 30, Supported Wage System for Workers with Disabilities, and insert ion in lieu thereof the following:

 

"$60.00"

 

3.          Delete clause 35, Wages, and insert in lieu thereof the following:

 

35.  Wages

 

The rates of pay in this award include the adjustments payable under the State Wage Case 2004.  These adjustments may be offset against:

 

(a)        any equivalent overaward payments; and/or

 

(b)        award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

4.          Delete Table 1 - Wages, of Part B, Monetary Rates, and insert in lieu thereof the following:

 

Table 1 - Wage Rates

 

Classification	Former Rate	SWC	Total Wage
	Per Week	2004	Per Week
	$	$	$
Weekly Employees - Cafeteria (where food or
refreshments for consumption on premises are
self-served by customers) -
Head Cook	496.20	19.00	515.20
Other Cooks	489.80	19.00	508.80
Cashier	481.10	19.00	500.10
Cafeteria Attendants	479.80	19.00	498.80
General Hands	479.80	19.00	498.80
Restaurants - Where five or more cooks are
usually employed -
Chef	521.60	19.00	540.60
Second Cook	504.70	19.00	523.70
Grill, Stove or Relief Cook	498.30	19.00	517.30
Sweet Cook	496.20	19.00	515.20
Assistant or Vegetable Cook	490.90	19.00	509.90
Where four cooks are usually employed -
Chef	509.40	19.00	528.40
Second Cook	501.70	19.00	520.70
Grill, Stove, Relief Cook, or Sweets Cook	496.50	19.00	515.50
Assistant or Vegetable Cook	490.90	19.00	509.90
Where three cooks are usually employed -
Chef	502.10	19.00	521.10
Second Cook	493.80	19.00	512.80
Assistant Cook	489.80	19.00	508.80
Where two cooks are usually employed
Chef	496.10	19.00	515.10
Other Cook	489.80	19.00	508.80
Where one cook is usually employed	495.50	19.00	514.50
General Employees -
Supervisor	493.30	19.00	512.30
Storeman	481.20	19.00	500.20
Bar Attendant	481.10	19.00	500.10
Cashier	481.10	19.00	500.10
Butcher of Larder Cook	498.30	19.00	517.30
Waiter/Waitress	479.80	19.00	498.80
Line maid or Seamstress	479.80	19.00	498.80
General Hand	479.80	19.00	498.80
Apprentices - Four year apprentice cooks -
1st Year	171.80	3.5%	177.80
2nd Year	201.00	3.5%	208.00
3rd Year	250.50	3.5%	259.30
4th Year	299.10	3.5%	309.60
Apprentices - Three and one-half apprentice
cooks -
1st Year	171.80	3.5%	177.80
2nd Year	231.10	3.5%	239.20
3rd Year	280.20	3.5%	290.00
4th Year	302.60	3.5%	313.20

 

5.          Delete Item numbers 1 and 3 to 8 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, and insert in lieu thereof the following:

 

Table 2 - Other Rates and Allowances

 

Item No.	Clause No.	Brief Description	Amount
			$
1	3(iii)	Meal Allowance	10.10
3	25(ii)	Laundering Allowance:
		Full-time employee	8.40 per week
		Part-time and casual employee	2.85 per shift
		Maximum payment	8.40 per week
		Laundering allowance for articles which do
		not require ironing:
		Full-time employee	5.10 per week
		Part-time and casual employee	1.70 per shift
		Maximum payment	5.10 per week
4	4(v)(c)(1)(A)	Proficiency - first occasion	1.90 per week
5	4(v)(c)(1)(B)	Proficiency - second occasion	3.05 per week
6	4(v)(c)(1)(C)	Proficiency - third occasion	3.90 per week
7	24(iii)	Qualified first aid attendant	1.32 per day
8	25(i)	Tool allowance - apprentices	0.60 per week

 

6.          This variation shall commence from the first full pay period on or after 21 July 2004.

 

 

F. MARKS  J.

 

 

 

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Printed by the authority of the Industrial Registrar.