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)
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Before Mr Deputy
President Grayson
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15 July 2004
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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This award remains in force until varied or rescinded,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.