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New South Wales Industrial Relations Commission
(Industrial Gazette)





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DARACON ENGINEERING PTY LTD - NEWCASTLE BHP STEELWORKS ENTERPRISE CONSENT AWARD
  
Date10/01/2004
Volume346
Part7
Page No.717
DescriptionRVIRC - Award Review Variation by Industrial Relations Commission
Publication No.C2930
CategoryAward
Award Code 1387  
Date Posted07/31/2007

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1387)

SERIAL C2930

 

DARACON ENGINEERING PTY LTD - NEWCASTLE BHP STEELWORKS ENTERPRISE CONSENT AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1764 of 2004)

 

Before Mr Deputy President Grayson

15 July 2004

 

REVIEWED AWARD

 

1.          Delete the third paragraph of clause 5, Period of Operation, of the award published 31 May 2002 (333 I.G. 1012), and insert in lieu thereof the following:

 

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 15 July 2004.

 

This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

2.          Delete paragraph 7.2.5 of clause 7, Hours of Work, and insert in lieu thereof the following:

 

7.2.5     Reasonable Overtime:

 

(a)        Subject to (b) below, an employer may require an employee to work reasonable overtime at overtime rates.

 

(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 (b) 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.

 

 

 

 

 

 

 

 

3.          Delete the reference "Occupational Health and Safety Act 1983" in the third paragraph (d) of subclause 15.1 of clause 15, Resolving Claims, Issues and Disputes, and insert in lieu thereof the following:

 

"Occupational Health and Safety Act 2000"

 

 

J. P. GRAYSON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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