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New South Wales Industrial Relations Commission
(Industrial Gazette)





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UNIVERSITY UNIONS (STATE) AWARD
  
Date02/25/2005
Volume348
Part6
Page No.
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C3288
CategoryAward
Award Code 1685  
Date Posted02/24/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1685)

SERIAL C3288

 

UNIVERSITY UNIONS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Applications by Shop, Distributive and Allied Employees' Association, New South Wales, and another, industrial organisations of employees.

 

(Nos. IRC 3586 and 3587 of 2004)

 

Before Commissioner Murphy

6 July 2004

 

VARIATION

 

1.          Insert after subclause 12.3 of clause 12, Overtime and Penalty Rates, of the award published 22 August 2003 (341 I.G. 100) the following new subclause:

 

12.4      Reasonable Overtime

 

Subject to paragraph 12.4.1 of this subclause, an employer may require an employee to work reasonable overtime at overtime rates, or as otherwise provided for in this award.

 

12.4.1               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.

 

12.4.2               For the purposes of paragraph 12.4.1 of this subclause, 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.

 

2.          Delete the references to $53.00 in paragraphs 30.3.2 and 30.3.3 of subclause 30.3 of clause 30, Supported Wage, and insert in lieu thereof the following:

 

$60.00

 

3.          This variation shall take effect from the first full pay period commencing on or after 6 July 2004.

 

 

 

J. P. MURPHY, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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