STATE WORKING HOURS CASE 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
FULL BENCH
Summons to Show Cause - Commission on its own initiative
pursuant to Part 3 of Chapter 2 of the Industrial
Relations Act 1996.
(No. IRC 4314 of 2002)
Before The Honourable
Justice Wright, President
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10 April 2003
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The Honourable Justice
Walton, Vice-President
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The Honourable Justice
Boland
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The Honourable Justice
Staunton
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Commissioner Tabbaa
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ORDER
The Commission makes the following orders:
1. Pursuant to
s. 50 and s. 52 of the Industrial
Relations Act 1996, the Full Bench of the Industrial Relations Commission
of New South Wales orders, for the purpose of awards and other matters under
the Act, the adoption with modifications as contained in this decision, of the
principles and provisions of the National decision of 23 July 2002.
2. Pursuant to
order 1, the Commission orders that on application, those awards that specify
ordinary time and provide for overtime shall be varied by the insertion of a
provision in terms of, or to the effect of, the following clause:
1.1 Subject to
clause 1.2 an employer may require an employee to work reasonable overtime at
overtime rates.
1.2 An employer
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
1.3 For the
purposes of clause 1.2 what is unreasonable or otherwise will be determined
having regard to:
1.3.1 any risk to
employee health and safety;
1.3.2 the employee's
personal circumstances including any family and carer responsibilities;
1.3.3 the needs of the
workplace or enterprise;
1.3.4 the notice (if any)
given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
1.3.5 any other
relevant matter.
3. These orders
shall operate on and from 10 April 2003 until further order of the Commission.
F. L. WRIGHT J,
President.
M. J. WALTON J,
Vice-President.
R. P. BOLAND J.
P. J. STAUNTON J.
I. TABBAA, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.