SYDNEY AQUARIUM STAFF (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
subclause 11.2 of clause 11, Living Away from Home Allowance, of the award
published 21 September 2001 (327 I.G. 1147), and insert in lieu thereof the
following:
11.2 The company
shall pay to the employee $38.40 per day in lieu of additional meals and
incidental expenses incurred by the employee, provided that such payment may be
reduced to $10.25 per day where the company provides the employee with
breakfast and dinner, except in circumstances where the company pays all costs
associated with board and accommodation, in which case the company shall not be
required to make any payment.
2. Insert after
subclause 14.5 of clause 14 Excess Hours Worked the following new subclause:
14.6 Reasonable
Overtime
(a) Subject to
paragraph (b) 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.
(b) 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.
(c) For the
purposes of paragraph (b) what is unreasonable or otherwise will be determined
having regard to:
(i) any risk to
employee health and safety;
(ii) the
employee's personal circumstances including any family and carer
responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
3. Delete clause
38, State Wage Case Adjustment, and insert in lieu thereof the following:
38. State Wage Case
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.
4. Delete Part
B, Monetary Rates and Allowances, and insert in lieu thereof the following:
PART B
Monetary Rates And Allowances
1. Aquarists -
The following weekly rates of pay shall be the minimum rate of pay for a 38-hour
week for Aquarists as defined in clause 8, Classifications and Rates of Pay:
Classification
|
Weekly Rate
|
|
$
|
Aquarist Grade 5
|
458.60
|
Aquarist Grade 4
|
517.20
|
Aquarist Grade 3
|
577.75
|
Aquarist Grade 2
|
634.30
|
Aquarist Grade 1
|
730.27
|
2. Recreation
and Leisure Staff - The following weekly rates of pay shall be the minimum rate
of pay for a 38-hour week for recreation and leisure staff as defined in the
said clause 8:
Classification
|
Weekly Rate
|
|
$
|
Grade 5
|
448.40
|
Grade 4
|
465.10
|
Grade 3
|
487.60
|
Grade 2
|
542.20
|
Grade 1
|
605.40
|
3. Cleaning
Staff - The following rates of pay shall be the minimum hourly rate of pay for cleaners
as defined in clause 8. These rates include a component to compensate employees
for cleaning toilets. The rates for casual employees are also inclusive of a
casual loading and the 1/12 component payable under the Annual Holidays Act 1944.
Classification
|
Hourly Rates
|
Cleaner (Shift)
|
Weekday
|
Saturday
|
Sunday
|
Public Holiday
|
|
$
|
$
|
$
|
$
|
Day Shift
|
12.37
|
18.55
|
24.74
|
30.93
|
Afternoon Shift
|
14.07
|
18.55
|
24.74
|
30.93
|
Night Shift
|
15.80
|
18.55
|
24.74
|
30.93
|
Casual (Shift)
|
|
|
|
|
Day Shift
|
15.15
|
22.73
|
30.30
|
37.88
|
Afternoon Shift
|
17.36
|
22.73
|
30.30
|
37.88
|
Night Shift
|
19.56
|
22.73
|
30.30
|
37.88
|
Leading Hand Allowance - A cleaner placed in charge of other
cleaners shall be paid the following rates in addition to the relevant hourly
rate of pay set out above:
|
Per Week (38 Hours)
|
Per Hour
|
|
$
|
$
|
1 - 5 Employees
|
21.13
|
0.56
|
6 - 10 Employees
|
23.99
|
0.63
|
4. Café Staff - The
following weekly rates of pay shall be the minimum rate of pay for a 38-hour
week for cafe staff as defined in clause 8:
Classification
|
Weekly Rate
|
|
$
|
Grade 5
|
455.30
|
Grade 4
|
472.30
|
Grade 3
|
497.90
|
Grade 2
|
516.60
|
Grade 1
|
591.60
|
5. First-aid
Allowance - $10.68 per week.
*N.B: The
weekly rates contained herein have a $10.00 per week component to fully
compensate employees in regard to all aspects of air assisted driving
associated with these functions.
5. This
variation shall take effect from the first full pay period to commence on or
after 27 July 2003.
T. M. KAVANAGH J.
____________________
Printed by
the authority of the Industrial Registrar.