PFD FOOD SERVICES (QLD) PTY LTD SALES AND DISTRIBUTION EMPLOYEES ENTERPRISE AWARD 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4675 of 2004)

 

 

REVIEWED AWARD

 

1.          Delete the reference to the Federated Clerks Union of Australia in clause 2, Parties, and subclause (vi) of clause 5, Definitions, of the award published 25 January 2002 (330 I.G. 1182) and insert in lieu thereof the following:

 

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union

 

2.          Insert after subclause (viii) of clause 13, Overtime, the following new subclause:

 

(ix)       Reasonable Overtime

 

(a)        Subject to paragraph (b) of this subclause, an employee may refuse to work reasonable overtime.

 

(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) of this subclause, what is unreasonable or otherwise 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 intension to refuse it; and

 

(5)        Any other relevant matter.

 

3.          Delete the reference to Norco in subclause (f) of clause 27, Trade Union Training Leave, and insert in lieu thereof the following:

 

The Company

 

4.          Insert after subclause (c) of clause 36, Term of the Award, the following new subclause:

 

(d)        The changes made to the award pursuant to the Award Review under 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 New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 15 November 2004.

 

This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

 

 

P. J. SAMS  D.P.

 

 

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Printed by the authority of the Industrial Registrar.