THEATRE MANAGERS (STATE) AWARD 1998
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Workers' Union, New South Wales, industrial organisation of
employees.
(No. IRC 3515 of 2003)
Before The Honourable
Justice Kavanagh
|
10 July 2003
|
VARIATION
1. Delete clause
4, Arbitrated Safety Net Adjustment, of the award published 24 November 2000
(320 I.G. 543), and insert in lieu thereof the following:
4. Arbitrated Safety
Net Adjustment
The rates of pay in this award include the adjustments
payable under the State Wage Case May 2003.
These adjustments may be offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
2. Insert after
subclause (e) of clause 15, Overtime, the following new subclause:
(f) Reasonable
Overtime
(i) Subject to
paragraph (ii) below, an employer may require an employer may require an employee
to work reasonable overtime at overtime rates or as otherwise provided for in
this award.
(ii) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours, which are reasonable.
(iii) For the
purposes of paragraph (ii) what is unreasonable or otherwise will be determined
having regard to:
(1) any risk to
employee health and safety;
(2) the employee's
personal circumstances including any family and carer responsibilities;
(3) the needs of
the workplace or enterprise;
(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
(5) any other
relevant matter.
3. Delete Part
B, Monetary Rates, and insert in lieu thereof the following.
PART B
MONETARY RATES
Table 1 - Rates of Pay
First Schedule -
(i) Cinemas in
the central city areas of the Cities of Sydney and Newcastle.
(ii) Any cinemas
regularly giving three or more performances daily.
Classification
|
SWC 2002 Amount
|
SWC 2003 Adjustment
|
SWC 2003 Amount
|
|
$
|
$
|
$
|
Manager
|
574.70
|
17.00
|
591.70
|
Assistant Manager
|
518.50
|
17.00
|
535.50
|
Second Schedule - Cinemas other than those in subclause (i) of
the First Schedule hereof, giving two performances daily or nightly.
Classification
|
SWC 2002 Amount
|
SWC 2003 Adjustment
|
SWC 2003 Amount
|
|
$
|
$
|
$
|
Manager
|
564.00
|
17.00
|
581.00
|
Assistant Manager
|
493.70
|
17.00
|
510.70
|
Third Schedule - Cinemas other than those in the First and
Second Schedules hereof, giving performances on six or seven nights per week,
with one or more daytime performances.
Classification
|
SWC 2002 Amount
|
SWC 2003 Adjustment
|
SWC 2003 Amount
|
|
$
|
$
|
$
|
Manager
|
536.60
|
17.00
|
553.60
|
Assistant Manager
|
477.80
|
17.00
|
494.80
|
Fourth Schedule - Cinemas other than those in the First,
Second and Third Schedules hereof, provided, however, that cinemas giving not more
than one performance per week shall be excluded from the provisions of this
award.
Classification
|
SWC 2002 Amount
|
SWC 2003 Adjustment
|
SWC 2003 Amount
|
|
$
|
$
|
$
|
Manager
|
508.70
|
17.00
|
525.70
|
Fifth schedule - All schedules:
Classification
|
SWC 2002 Amount
|
SWC 2003 Adjustment
|
SWC 2003 Amount
|
|
$
|
$
|
$
|
Trainee Manager
|
434.20
|
17.00
|
451.20
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
|
|
Management of: -
|
|
1
|
8(a)
|
Confectionery, snack/licensed liquor bar, ordering
|
|
|
|
supplies, supervision of staff, checking and banking
|
|
|
|
takings
|
22.40 per week
|
2
|
8(b)
|
Checking and banking takings, other duties of minor
|
|
|
|
nature regarding confectionery, snack/licensed liquor
|
|
|
|
bar
|
9.65 per week
|
3
|
8(c)
|
Appointment licensee and holder of liquor license,
|
|
|
|
accepts responsibility under State Liquor Act
|
16.65 per week
|
4
|
9(b)
|
Intermittent Manager (one-fifth of weekly rate
|
|
|
|
multiplied by number of days plus 15 per cent) with
|
|
|
|
a minimum additional
|
23.10 per week
|
5
|
10(b)
|
Casual employee engaged to work when
|
|
|
|
performance takes place (with a minimum payment
|
|
|
|
as for four and a quarter hours)
|
2.50 per hour
|
|
|
Clothing and Footwear Allowances: -
|
|
6
|
20(a)
|
Where dinner dress is required to be worn for
|
|
|
|
one/two nights in the week
|
1.35 per night
|
7
|
20(a)
|
On three or more nights in the week
|
6.60 per week
|
8
|
21(b)
|
Travelling and Incidental Expenses
|
75.85 per day
|
9
|
21(b)
|
Maximum
|
379.10 per week
|
10
|
22(a)
|
Locomotion Allowance
|
0.51 per km
|
11
|
22(b)
|
Manager of more than one theatre travelling from
|
|
|
|
one to the other
|
0.53 per km
|
4. This variation
shall take effect from the first full pay period to commence on or after 6
August 2003.
T. M. KAVANAGH J.
____________________
Printed by
the authority of the Industrial Registrar.