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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.C3180
Award Code 1278  
Date Posted02/17/2005

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


(No. IRC 1652 of 2004)


Before Mr Deputy President Sams

14 July 2004





1.          Delete the Arrangement of the award published 6 February 1998 (303 I.G. 431) and insert in lieu thereof the following:






Clause No.          Subject Matter


1.         Rates of Pay

2.         Application

3.         The Work Arrangement

4.         Hours and Overtime

5.         Shift Work

6.         Rostered Days Off

7.         Payment of Wages

8.         Leaving Employment

9.         Meal Break/Rest Pause

10.       Annual Leave

11.       Public Holidays

12.       Parental Leave

13.       Sick Leave

14.       Personal/Carer's Leave

15.       Bereavement Leave

16.       Work Clothes and Safety Equipment

17.       Jury Service

18.       Grievance/Dispute Procedures

19.       Anti-Discrimination

20.       Redundancy

21.       Right of Entry

22.       Term


2.          Renumber the clauses of the body of the award to reflect the Arrangement.


3.          Delete clause 1, Basic Wage, and insert in lieu thereof the following:


1.  Rates of Pay


The rates of pay are contained in Part B, Monetary Rates of this award.




4.          Delete paragraph of clause 3, The Work Arrangement, and insert in lieu thereof the following:


Notwithstanding any provision of this award, you will not be entitled to annual leave payments, bereavement leave or to payment for jury service or public holidays not worked, and the provisions in clauses 6, Rostered Days Off, 10, Annual Leave, 11, Public Holidays, 12, Parental Leave, 13, Sick Leave, 15, Bereavement Leave, and 17, Jury Service.


5.          Delete clause 18A, Anti-Discrimination, and insert in lieu thereof the following:


19.  Anti-Discrimination


19.1      It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.


19.2      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.


19.3      Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.


19.4      Nothing in this clause is to be taken to affect:


(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;


(b)        offering or providing junior rates of pay to persons under 21 years of age;


(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;


(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.


19.5      This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.


6.          Insert a new paragraph at the end of clause 21, Term.


This award was reviewed on 14 July 2004 in accordance with section 19 of the Industrial Relations Act 1996. This award remains in force, until varied or rescinded, the period for which it was made having already expired.


7.          Delete the words "Adult Basic Wage" in Part B, Monetary Rates.





P. J. SAMS  D.P.






Printed by the authority of the Industrial Registrar.


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