JOURNALIST (EMAP AUSTRALIA PTY LTD) (STATE) AWARD 1995

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 5738 of 2003)

 

 

REVIEWED AWARD

 

1.          Delete the title of the award published 17 November 2000 (320 I.G. 485) and insert in lieu thereof the following:

 

JOURNALIST (EMAP AUSTRALIA PTY LTD) (STATE) AWARD

 

2.          Delete clause 13, State Personal/Carer’s Leave Case - August 1996, from the Arrangement of the award and insert in lieu thereof the following:

 

13.  Personal/Carer’s Leave

 

3.          Delete subclause (d) of clause 1, Area, Incidence and Duration and insert in lieu thereof the following:

 

(d)        The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of NSW on 28 April 1999 (310 I.G. 359) and take effect on 15 December 2003.

 

4.          Insert after subclause (n) of clause 9, Hours of Employment and Overtime, the following new subclause:

 

(o)

 

(i)         Subject to sub-clause (ii) an employer may require an employee to work reasonable overtime at overtime rates.

 

(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 unreasonable.

 

(iii)       For the purposes of sub-clause (ii) what is reasonable or other wise will be determined having regard to:

 

(a)        any risk to employee health and safety.

 

(b)        The employee’s personal circumstances including any family and carer responsibilities.

 

(c)        The needs of the workplace or enterprise.

 

(d)        The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(e)        Any other relevant matter.

 

5.          Delete the title of clause 13, State Personal/Carer’s Leave Case - August 1996 and insert in lieu thereof the following:

 

13.  Personal/Carer’s Leave

 

6.          Delete from subclause (iii) of clause 14, Bereavement Leave, the words "State Personal/Carer's Leave Case - August 1996" and insert in lieu thereof the following words "Personal/Carer's Leave".

 

7.          Delete sub paragraph (A) of clause 28, Redundancy and insert in lieu thereof the following:

 

(A)       where employment is terminated pursuant to clause 16, Termination of Employment;

 

 

J. P. GRAYSON  D.P.

 

 

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Printed by the authority of the Industrial Registrar.