HUNTER WATER AUSTRALIA (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4150 of 2005)

 

 

REVIEWED AWARD

 

1.          Delete clause 4, Area Incidence and Duration, of the award published 11 July 2003 (340 I.G. 362) and insert in lieu thereof the following:

 

4.  Area, Incidence and Duration

 

4.1        This award shall be binding on Hunter Water Australia in respect to all of its employees covered under this award, and the Union.

 

4.2        The award sets out all the terms and conditions of employees covered by this award and shall rescind and replace any industrial agreements, applying to the parties to this award, that were entered into before the coming into force of this award; it shall also prevail over other state awards that would otherwise apply including: the Clerical and Administrative Employees (State) Award, published 14 February 1997 (296 I.G. 619); and the Draughtsmen, Planners, published 21 September 2001 (327 I.G. 1058); Technical Officers, &c. (State) Award; Surveyors Field Hand (State) Award, published 23 November 2001 (329 I.G. 889); and Professional Engineers and Professional Scientists (Private Industry (State) Award, published 18 August 2000 (317 I.G. 1030).

 

4.3        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 18 December 1998 (85 IR 38) take effect on and from 24 November 2005.  This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

2.          Insert after subclause 15.9 of clause 15 Overtime, the following new subclause:

 

15.10

 

15.10.1 Subject to clause 15.10.2 an employer may require an employee to work reasonable overtime at overtime rates.

 

15.10.2 an employer may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

15.10.3 for the purposes of clause 15.10.2 what is unreasonable or otherwise will be determined having regard to:

 

15.10.3.1          any risk to employee health and safety;

 

15.10.3.2          the employee's personal circumstances including any family and carer responsibilities;

 

15.10.3.3          the needs of the workplace or enterprise;

 

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

 

15.10.3.5          any other relevant matter.

 

3.          Delete the reference "Annual Holidays Act 1994" in subclause 26.4 of clause 26, Personal/Carer's Leave, and insert in lieu thereof the following:

 

"Annual Holidays Act 1944"

 

 

 

R. W. HARRISON  D.P.

 

 

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Printed by the authority of the Industrial Registrar.