THEATRICAL EMPLOYEES RECREATION AND LEISURE INDUSTRY (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 5799 of 2003)

 

 

REVIEWED AWARD

 

1.          Renumber in clause 1, Arrangement, of the award published 13 October 2000 (319 I.G. 406), clause 4A Redundancy to read as clause 32 and renumber clause 32, Area, Incidence and Duration to read as clause 33.

 

32.       Redundancy

33.       Area, Incidence and Duration

 

2.          Delete the word "of" appearing in subclause (e) of clause 7, Hours of Work, and insert in lieu thereof the following:

 

off

 

3.          Delete subclause (c) of clause 8, Overtime and insert in lieu thereof the following:

 

(c)        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.

 

4.          Delete subclause (f) of clause 8, Overtime.

 

 

5.          Delete the word "of" appearing in the last line of subclause (a) of clause 18, Jury Service, and insert in lieu thereof the following:

 

on

 

6.          Delete subclause (b) of clause 19, First Aid, and insert in lieu thereof the following:

 

(b)        First-aid Kits - See clause 20 of the Occupational Health and Safety Regulation 2001 (as amended).

 

7.          Delete the word "valuable" appearing in subclause (c) of clause 20, General Conditions, and insert in lieu thereof the following:

 

valuables

 

8.          Delete clause 28, Annualised Salary, and insert in lieu thereof the following:

 

Except as to the provisions of subclause (a), of Clause 10 - Public Holidays, Clause 14- Sick Leave, Clause 15, Personal/Carers Leave, Clause 16, Annual Leave, Clause 18, Jury Service, Clause 22, Miscellaneous Statutory Provisions and Clause 27, Superannuation, this award shall not apply to weekly employees who are in receipt of a weekly wage in excess of 15 per cent above the rate for a Level V employee.

 

This provision shall not be taken to affect any other salary arrangements.

 

9.          Delete the words "The Employers' Federation of New South Wales" appearing in subclause (iv) of clause 33, Area, Incidence and Duration, and insert in lieu thereof the following:

 

Employers First

 

10.        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 5 February 2004.

 

This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

 

A. W. MACDONALD, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.