Building and Construction Industry (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

FULL BENCH

 

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

 

(No. IRC 6759 of 2005)

 

 

VARIATION

 

1.          Delete subclauses 36.2 and 36.3, of clause 36, Public Holidays And Holiday Work, of the award published 31 August 2001 (327 I.G. 279), and insert in lieu thereof the following:

 

36.2      In addition to the holidays prescribed in subclause 36.1 of this clause, an additional public holiday shall apply to employees in the manner set out below.  Provided that an employer whose business is situated near a State or Territory border and whose operations traverse the border may elect to follow a particular State or Territory's public holidays, subject to agreement with the employees and/or their nominated representative (where applicable).

 

(i)         The first Monday in December of each year shall be the industry picnic day.

 

(ii)        All employees shall, as far as practicable, be given and shall take this day as industry picnic day without deduction of pay.  Any employee required to work on this day shall be paid at the rate of double time and one-half for all time worked. Provided that an employee who attends for work as required on this day shall be paid for not less than four hours' work.

 

(iii)       An employer may require from an employee evidence of her or his attendance at the industry picnic and the production of the butt of an industry picnic ticket issued for the industry picnic shall be sufficient evidence of such attendance. Where such evidence is requested by the employer payment need not be made unless evidence is produced.

 

(iv)      Where an employer holds a regular picnic for their employees on some other working day during the year such day may be given and may be taken as the industry picnic day in lieu of the industry picnic day here fixed.

 

(v)       This clause shall apply to employees working within the Counties of Cumberland, Northumberland and Camden and in such other areas where an industry picnic is organised in the industry.

 

36.3      By agreement between any employer, the employees and/or their nominated representative (where applicable) other days may be substituted for the said days or any of them as to such employer's undertaking.

 

2.          This variation shall take effect on and from 23 March 2006.

 

 

 

M. J. WALTON  J, Vice-President.

R. P. BOLAND  J.

I. TABBAA, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.