Plant, &c., Operators on Construction (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Construction, Forestry, Mining and Energy Union (New South Wales Branch) , Industrial Organisation of Employees.

 

(No. IRC 1361 of 2004)

 

 

VARIATION

 

1.          Delete subclause (vi), of clause 15, Overtime, of the award published 16 November 2001 (329 I.G. 625), and insert in lieu thereof the following:

 

(vi)      

 

(1)        Subject to paragraph (2) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

(2)        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.

 

(3)        For the purposes of paragraph (2) 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.

 

2.          This variation shall take effect from the beginning of the first pay period to commence on or after 14 May 2004.

 

 

 

T. M. KAVANAGH  J.

 

 

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Printed by the authority of the Industrial Registrar.