INCITEC LTD NSW MANUFACTURING AWARD 1994
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 4617
of 2004)
Before Mr
Deputy President Sams
|
10 November 2004
|
REVIEWED AWARD
1. Insert after
subclause (v), of clause 7, Wages, of the award published 14 June 2002 (334
I.G. 371), the following new subclause:
(vi)
(a) Subject to paragraph
(b) an employer may require an employee to work reasonable overtime at overtime
rates.
(b) 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.
(c) For the
purposes of paragraph (b) what is reasonable or other wise 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
subclause (i), of clause 18, Workers' Compensation, and insert in lieu thereof
the following:
(i) Workers'
compensation shall be in accordance with the Workers' Compensation Act
1987 and Workplace Injury Management and Workers' Compensation Act 1988.
3. Delete
subclauses (c), and (e), of clause 22, Area, Incidence and Duration, and insert
in lieu thereof the following:
(c) 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 the New South Wales on 18 December 1998 (308 IG 307)
take effect on and from 10 November 2004.
(e) This award
replaces in total the following state awards in relation to employees employed under
this award:
(1) Chemical
Workers (State) Award published 11 May 2001 (324 I.G. 688).
(2) Metal,
Engineering and Associated Industries (State) Award published 8 June 2001 (325
I.G. 209) as varied.
(3) Electricians
(State) Award published 29 June 2001 (325 I.G. 808) as varied.
This award shall apply to employees engaged at the
Incitec Limited Kooragang Island and Cockle Creek works who are members of, or
eligible to be members of, the following unions:
The Australian Workers' Union, New South Wales Branch;
Automotive, Food, Metals, Engineering, Printing &
Kindred Industries Union, New South Wales Branch;
Electrical Trades Union of Australia, New South Wales
Branch;
P. J. SAMS D.P.
____________________
Printed by
the authority of the Industrial Registrar.