Storemen
and Packers, Wholesale Drug Stores (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Correction to Serial
C4606 published 25 August 2006
(360 I.G. 705)
(No. IRC 308 of 2005)
CORRECTION
1. Delete
instruction 1 and substitute the following:
1. Delete the following clause number and subject matter from
clause 1, Arrangement of the award published 23 April 1999 (309 I.G. 13):
40A. Anti-Discrimination
2. Delete
instruction 2 and substitute the following new instructions 2, 3 and 4:
2. Delete clause 40A, Anti-Discrimination from the body of the
award.
3. Insert
in numerical order in clause 1, Arrangement the following new clause number and
subject matter:
41A. Anti-Discrimination
4. Insert
after clause 41, the following new clause:
41A. 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.
G.
M. GRIMSON Industrial
Registrar.
____________________
Printed by
the authority of the Industrial Registrar.