Storemen
and Packers, Wholesale Drug Stores (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by National
Union of Workers, New South Wales Branch, Industrial Organisation of
Employees.
(No. IRC 5308 of 2005)
Before Commissioner
Murphy
|
4 November 2005
|
VARIATION
1. Insert in
numerical order in the Arrangement of the award published 23 April 1999 (309
I.G. 13) the following new clause number and subject matter:
41A. Anti-Discrimination
2. Insert after
clause 41, Enterprise Arrangements the following new clause:
41.
Anti-Discrimination
1. It is the
intention of the parties bound by this award to seek to achieve the object in s
3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
2. It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
3. Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
4. Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under s
56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this agreement from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
5. This clause
does not create legal rights or obligations in addition
to those imposed upon the parties by the legislation referred to in this
clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
This order shall take effect from the first pay period
commencing on or after 14 October 2005.
J.
P. MURPHY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.