and Construction Industry (State) Award
COMMISSION OF NEW SOUTH WALES
Application by Construction,
Forestry, Mining and Energy Union (New South Wales Branch) , Industrial Organisation
(No. IRC 6759 of 2005)
The Honourable Justice
23 March 2006
The Honourable Justice
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
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
(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
(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
(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.
variation shall take effect on and from 23 March 2006.
M. J. WALTON J,
R. P. BOLAND J.
I. TABBAA, Commissioner.
Printed by the
authority of the Industrial Registrar.