THE REAL ESTATE INDUSTRY (CLERICAL AND ADMINISTRATIVE) (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 4587 of 2004)
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Before The Honourable
Mr Deputy President Harrison
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5 October 2004
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REVIEWED AWARD
1. Delete the
definition of "Union" appearing in clause 3, Definitions, of the
award published 24 October 2003 (341 I.G. 820), and insert in lieu thereof the
following:
"Union" shall mean the New South Wales Local
Government, Clerical, Administrative, Energy, Airlines & Utilities Union.
2. Insert after
subclause (c), of clause 8, Overtime, the following new subclause:
(d) Reasonable
Overtime
(i) Subject to
sub-clause (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 sub-clause (ii) what is reasonable or other wise 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.
3. Insert at the
end of clause 40, Area, Incidence and Duration, the following new subclause:
The changes made to the award pursuant to the Award Review
pursuant to 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 NSW on 28 April 1999 (310 I.G. 359) and take effect on
5 October 2004.
This award remains in force until varied or rescinded, the
period for which it was made already having expired.
R. W. HARRISON D.P.
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Printed by
the authority of the Industrial Registrar.