CLERICAL AND ADMINISTRATIVE EMPLOYEES (JOHN FAIRFAX PUBLICATIONS) AWARD 2000

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1726 of 2004)

 

 

REVIEWED AWARD

 

1.          Insert in numerical order in clause 2, Arrangement of the award published 7 September 2001 (327 I.G. 719) the following new clause number and subject matter:

 

11A.    Reasonable Hours

 

2.          Delete subclause (viii) of clause 3, Definitions and insert in lieu thereof the following:

 

(viii)     "Union" shall mean the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union.

 

3.          Insert after clause 11, Weekend Penalty Rates, the following new clause:

 

11A.  Reasonable Hours

 

(i)         Subject to subclause 11A(ii) an employer may require an employee to work reasonable overtime at overtime rates.

 

(ii)        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.

 

(iii)       For the purposes of subclause 11A(ii) 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 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.

 

4.          Insert after the words "Except as to the provisions of clauses" in subclause (i) of clause 30, Exemption the following:

 

"11A Reasonable Hours"

 

5.          Delete subclause (iii) of clause 30, Exemption and insert in lieu thereof the following:

 

(iii)       The amount prescribed in subclause (i) of this clause shall be adjusted in accordance with clause 8(v) of this award.

 

6.          Insert after subclause (iv) of clause 32, Area, Incidence and Duration the following new subclause:

 

(v)        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 18 December 1998 (85 IR 38) 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.

 

 

 

J. P. GRAYSON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.