CLUB INDUSTRY (VARIETY ARTISTS) (STATE) AWARD 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4678 of 2004)

 

 

REVIEWED AWARD

 

1.          Delete clause 4, Area, Incidence and Duration, of the award published 14 September 2001 (327 I.G. 768) and insert in lieu thereof the following:

 

(a)        This award shall apply to all artists of the classifications mentioned in clause 10, Rates of Pay, engaged on a casual basis for work in registered and licensed clubs in the state of New South Wales, excluding:

 

(i)         The Count of Yancowinna;

 

(ii)        Artists engaged on a weekly basis in accordance with the provision of the Actors (Theatrical) (State) Award published on 2 November 2001 (329 I.G. 370) and also excluding:

 

(iii)       Bingo and Assistant Bingo callers engaged in a club with 25 or less operating poker machines in locations beyond the following radii:

 

(a)        75 kilometres of GPO Sydney, or Newcastle or Wollongong;

 

(b)       40 kilometres of the main post office of Tweed Heads.

 

(b)        This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Club Industry (Variety Artists) (State) 1997 Award published 26 June 1998 (305 I.G. 564) and all variations thereof.

 

(c)        The award published 26 June 1998 took effect from the beginning of the first pay period commencing on or after 8 October 1997 and the variations thereof incorporated herein on the dates set out in the attached Schedule C.

 

(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 25 November 2004.

 

(e)        This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

2.          Delete subclause (a) of clause 5, Enterprise Flexibility Provisions, and renumber the following clauses accordingly.

 

3.          Delete subclause (g) of clause 10, Rates of Pay, and insert in lieu thereof the following:

 

(g)        The rates of pay in this award include the adjustments payable under the State Wage Case of 2003. These adjustments may be offset against:

 

(i)         any equivalent over-award payments; and/or

 

(ii)        award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

4.          Insert after subclause (e) of clause 17, Overtime, the following new subclause:

 

17(f)

 

(i)         Subject to paragraph (ii) of this subclause, 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 paragraph (ii) of this subclause, what is unreasonable or otherwise will be determined having regard to:

 

(a)        any risk to employee health and safety;

 

(b)       the employee's personal circumstances, including any family and carer responsibilities;

 

(c)        the needs of the workplace or enterprise;

 

(d)       the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(e)        any other relevant matter.

 

5.          Delete Part B, Monetary Rates, and insert in lieu thereof the following:

 

PART B

 

Date of Operation: From the first full pay period to commence on or after 23 November 2004.

 

Table 1 - Wages

 

 

Table 2 - Other Rates and Allowances

 

Brief Description	Current rates	Rates
	(varied 21/11/01)	23/11/2004
	$	$
Meal Allowance	13.86	17.70
Travelling allowance for venue in excess of 50km but less than
100 km from G.P.O	0.63 per km	0.75
Allowance in lieu of accommodation	84.62 per night	105.00

 

 

 

P. J. SAMS  D.P.

 

 

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Printed by the authority of the Industrial Registrar.