BLUE CIRCLE PACKAGING PLANT (STATE) AWARD
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1652 of 2004)
Before Mr Deputy
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
3. The Work
4. Hours and
13. Sick Leave
Clothes and Safety Equipment
21. Right of
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
paragraph 220.127.116.11 of clause 3, The Work Arrangement, and insert in lieu thereof
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:
19.1 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
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
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
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
7. Delete the
words "Adult Basic Wage" in Part B, Monetary Rates.
P. J. SAMS D.P.
the authority of the Industrial Registrar.