Vol. 172, No. 15

1671

The Queensland Government

Industrial Gazette PUBLISHED BY AUTHORITY

PP 451207100086 Annual Subscription $358.00 (GST inclusive) ISSN 0155-9362

Vol. 172 FRIDAY, 11 APRIL, 2003 No. 15

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act 1999

Industrial Relations (Tribunals) Rules 2000

NOTICE

The following Agreements have been certified by the Commission: No/s Title Date certified Cancelling CA77/03 Healthscope Ltd - Pine Rivers and Peninsula Private Hospitals Nursing Staff -

Certified Agreement 2002 (No. 2) 19/3/03 CA546/01 CA52/03 WorkCover Queensland - Certified Agreement 2003 21/3/03 CA404/00 CA78/03 DeGunst Transport - Certified Agreement 2003 25/3/03 CA79/03 St Andrew’s Toowoomba Hospital - AWU - Certified Agreement 2003 25/3/03 CA39/01 CA80/03 Cross Country Tours Coach Captains - Certified Agreement 2003 25/3/03 CA298/01 CA81/03 Howard Services Pty Ltd t/a Axis Security - Certified Agreement 2002 25/3/03 CA82/03 Xavier Children's Support Network Specialist and Support Staff - Certified Agreement 2003 25/3/03 CA18/01 The following Agreements have been amended by the Commission: No/s Title Date amended CA57/01 Rihga Colonial Club Resort - Certified Agreement 20/3/03 CA476/02 Crowd Control Industry - LHMU - Certified Agreement 24/3/03 E. EWALD Industrial Registrar ###########################################################################################################################


Industrial Relations Act 1999 – s. 125(2) – application to amend award

Australian Building Construction Employees and Builders’ Labourers’ Federation (Queensland Branch) Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others

(B1537 of 2002)

DEPUTY PRESIDENT SWAN COMMISSIONER BROWN COMMISSIONER THOMPSON 27 March 2003

1672 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003

REPORT ON DECISION (as edited) In giving their decision from the Bench on 13 March 2003, the Full Bench stated:

“We have heard the parties on this matter. We note that the application was lodged on the 27th of September 2002. Delays in the progression of this matter have not been caused by the applicant. The Federal award was amended effective from the first pay period on or after 2 July 2002. The applicant, the Queensland Master Builders Association, Industrial Organisation of Employers (QMBA) and the Master Plumbers’ Association of Queensland (Union of Employers) have consistently agreed with an operative date of 18 October 2002. We have considered the submissions made by the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers (QCCI) (which have primarily been supported by the QMBA) and the essence of those submissions have been put to the Commission on many prior occasions. During that period, those submissions have not been sufficient to convince the Commission that the strong history of the matters should be disrupted. We have heard nothing further today which would convince us to alter the approach taken by those Tribunals over many years and particularly this Tribunal. The nexus has been recognised by all of the parties in these proceedings. We acknowledge Mr Knight’s submission concerning the onus of proof obligations on the applicant. However, we must state that such onus has been fulfilled during continued Commission decisions which recognise the importance of maintaining the nexus. We note further that a refusal of this application would have resulted in employers under State awards being restricted to the employment of casuals for less than five days. The applicant has relied upon the history concerning the nexus between the Federal and State awards and that history contains the rationale for Full Benches and Commissioners in this jurisdiction granting like applications. Section 125 of the Industrial Relations Act 1999 permits the Commission to consider retrospectivity. We propose to grant this application operative from 18 October 2002. All of the parties present today, with the exception of the QCCI, have accepted the operative date as being from 18 October 2002. We note the commitment of the applicant and other unions with regard to the containment of this increase within the award presently before us. We order accordingly.”.

Dated 27 March 2003. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Released: 27 March 2003

Appearances: Mr R. Moxham for the Australian Building Construction Employees and Builders’ Labourers’ Federation (Queensland Branch) Union of Employees. Mr C. Price for The Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland. Mr P. Knight for the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers. Mr P. Whitton for the Queensland Master Builders Association, Industrial Organisation of Employers. Mr D. Cameron for the Master Plumbers’ Association of Queensland (Union of Employers).

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Industrial Relations Act 1999 – s. 74(2)(b) – extension of time

Kenneth William Meany AND Air Mount Isa Pty Ltd (No. B1654 of 2002)

COMMISSIONER FISHER 26 March 2003 Application for reinstatement – Application for extension of time – Section 72(2)(b) Industrial Relations Act 1999 – Case law – Five key factors to consider in extension of time – Three subsequent caveats – Length of delay – Explanation for delay – Attended DIR – Provided advice that the applicant was excluded from the reinstatement provisions of the Act as the applicant was outside the salary cap – Advice subsequently found to be incorrect – Attended solicitors who failed to check the DIR advice – Applicant instructs solicitor to send a letter to the Company – Response received approximately 14 days later – Applicant seeks advice of Counsel – Counsel advice received in October – Advice indicated that applicant was not excluded from the Act as his salary fell beneath the current salary cap – Application for reinstatement lodged 18 October 2002 – Delay not attributable to the applicant – Prejudice to applicant – Prejudice to Respondent – Company likely to be prejudiced if extension granted – Applicant alleges entitlements owing – Applicant’s prospects of success – Conclusion – Application for extension of time granted – Time for filing application extended to 18 October 2002.

DECISION This is an application by Kenneth Meany for an extension of time in which to file an application for reinstatement under s. 74 of the Industrial Relations Act 1999 (the Act). Mr Meany had been a full-time employee with Air Mount Isa Pty Ltd (the Company) for a period of 7 1/2 years. On 24 June 2002 Mr Meany received a letter from a firm of Solicitors then acting for the Company which gave notice of the termination of his employment effective from 12 April 2002. Mr Meany’s application for reinstatement was filed in the Industrial Registry on 18 October 2002. Mr Meany now seeks an extension of time in which to file his application, pursuant to s. 74(2)(b) of the Act. The Company opposes the extension of time being granted. Section 74 (2) of the Act provides that: “The application must be made within –

(a) 21 days after the dismissal takes effect; or (b) further period the commission allows on an application made at any time.”.

In Breust v Qantas Airways Ltd (1995) 149 QGIG 777, Chief Commissioner Hall (as he then was) identified five key factors to be taken into account in considering whether an extension of time ought to be granted. These factors were:

11 April, 2003 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1673

B:\GAZETTES\INDUSTRIAL\2003\APRIL\11-04-03\QGIG_110403.DOC

1. the length of the delay; 2. the explanation for the delay; 3. the prejudice to the applicant if the extension of time is not granted; 4. the prejudice to the respondent if the extension of time is granted; and 5. any relevant conduct of the respondent.

In his decision of Paterson v Medical Benefits Fund of Australia Ltd (1998) 159 QGIG 232 Chief Commissioner Hall placed the following three caveats on the approach taken in Breust:

“First, s. 295(2)(b) vests an unlimited statutory discretion. The discretion may never be surrendered to precedent or so called settled principles. It must always be exercised. Second, the time limit of 21 days which is imposed by s. 295 (2)(a) is a time limit imposed not by rule of practice or a rule of court, but by the Legislature. It must be respected. Third, the applicant’s prospects of success at the substantive hearing are always a relevant matter. Where it appears that the applicant has no, or very limited, prospects of success, the Commission should not grant an extension of time. Compare Petruch v Davy Kinhill Fluor Daniel Joint Venture 153 QGIG 543, Law v Fabfurn Products Pty Ltd 154 QGIG 13, Kearns v Café Latte 155 QGIG 443 and Stowers v Calverts Meat Company 155 QGIG 1123.”.

I now turn to a consideration of the abovementioned factors in respect of the present matter. Length of Delay The respondent does not argue that the length of time should be calculated from the effective date of the dismissal, i.e. 12 April 2002. It has based its calculation on the date of its then Solicitors’ letter of 17 June 2002. The Company argued that the 21 day time limit would have expired on 8 July 2002. As the application was filed on 18 October 2002, the delay was approximately 102 days or over 3 ½ months. The respondent highlighted the decision of de Jersey P in Petruch v Davey Kinhill Fluor Daniel Joint Venture (1996) 153 QGIG 543 wherein it was held that a delay of six weeks was a substantial delay in the context of a statutory requirement that a reinstatement application be lodged within 21 days of the dismissal. In his evidence Mr Meany said that he did not receive the letter advising of his dismissal until 24 June 2002. In cross-examination he conceded that mail sent from Cairns usually only takes two days to arrive in Mt Isa. He believed that part of the delay in his receiving the letter could be explained by a public holiday falling in Mt Isa on 21 June 2002. The Company did not seriously challenge Mr Meany’s evidence that he received the letter on 24 June 2002. I am prepared to accept his evidence on this point. Ultimately it has only marginal impact on the length of the delay. It is still in excess of three months. While the statutory time limit must be respected a compelling factor in any extension of time argument is whether an acceptable explanation for the delay can be provided. Explanation for the Delay On the day that Mr Meany received the advice of his dismissal he said he attended the Mount Isa Office of the Department of Employment, Training and Industrial Relations (DETIR). The Commission understands him to be referring to the office of the Department of Industrial Relations (DIR). In evidence he said he asked the person at the counter about making a claim for unfair dismissal. That person sought out a woman who then came to the counter and proceeded to point out various things from a book. It appears that the book was in fact a copy of the Industrial Relations Act 1999. Mr Meany said the woman, whose name he could not recall, showed him the provision relating to the 21 day time limit, the matters to be taken into considering in deciding whether a dismissal is unfair and the salary cap. He said that he was told that the salary cap was $71,200. As his salary was in excess of this figure, he said he was advised that he was an excluded person under the Act. (Section 72(1)(a) of the Act provides that s. 73 of the Act does not apply to an employee who is not employed under an industrial instrument, is not a public service officer and who receives a salary in excess of an amount prescribed under a regulation. This amount is generally referred to as the salary cap.). Mr Meany then left the office of DIR and proceeded to the offices of Gary Gear and Associates, Solicitors. As Mr Meany was unable to see Mr Gear that day he made an appointment for 27 June 2002. At this consultation Mr Meany told Mr Gear of his advice from DIR that he was an excluded employee. Mr Gear did not independently check this advice. Mr Meany then proceeded to seek advice from Mr Gear about the courses of action open to him to challenge the dismissal. The taxable invoice from Gary Gear and Associates to Mr Meany dated 6 November 2002 attached to Mr Meany’s statement of evidence shows that there was a reasonable amount of contact between Mr Gear and Mr Meany from 27 June 2002 until a letter was sent to the Company’s Solicitors on 23 July 2002. The penultimate paragraph of the letter from Gary Gear and Associates to the Company’s then Solicitors stated:

“Please advise your client’s intentions, in respect to the reinstatement of our client by your client . . .”. The Commission asked John Roberts, the General Manager of the Company during his evidence, what the Company understood this to mean. Mr Roberts was unable to respond in any meaningful way, stating that Jon Bird, the Company’s Quality Manager, was more closely involved in the dismissal. Mr Bennett, who now appears for the Company, argued that the use of the term reinstatement in the letter of 23 July 2002 could not be construed as reinstatement under the Act because Mr Meany believed himself to be an excluded employee. While that is now known to the Company, there is no evidence to show that was within the Company’s knowledge at the time the letter was sent. In my view the letter was clearly putting the Company on notice that Mr Meany was disputing his dismissal. Despite several attempts by Mr Gear to obtain a response to his letter, one was received on 8 August 2002. Although this letter did not specifically address the matter of reinstatement raised in Mr Gear’s letter of 23 July 2002, Mr Gear and Mr Meany concluded from the tone and content of the reply that reinstatement or other remedies were not being considered by the Company. Mr Meany then sought the advice of Counsel in Brisbane. Again, according to the taxable invoice, this was done on 5 September 2002 following several further discussions between the Solicitors and Mr Meany. Counsel’s advice was received on or around 7 October 2002. It was on the receipt of this advice that Mr Gear and Mr Meany learnt that the advice DIR had given Mr Meany about the salary cap was wrong. At the time of his dismissal the salary prescribed by s. 4 of the Industrial Relations Regulations 2000 was an amount of $75,200. Mr Meany’s salary fell below this limit. Mr Gear then proceeded to draw up and file an application for reinstatement under s. 74 of the Act.

1674 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 Mr Bennett has drawn the Commission’s attention to the delay between the letter from the Company’s Solicitors of 8 August 2002 and the advice to Counsel; the delay between the advice to Counsel and receipt of that advice and the delay between receiving the advice and filing the application. These delays account for nearly three months. In my view it would not be an unreasonable inference to draw that time was not so much of the essence in the mind of Mr Gear as until Counsel’s advice was received he understood that any action would not lie in the Queensland Industrial Relations Commission. Whether there is an acceptable explanation for the delay involves consideration of the actions of Mr Gear and Mr Meany and, crucially in my view, of the advice provided by DIR on 24 June 2002 which was found to be wrong. Mr Bennett suggested that Mr Meany should not have simply accepted DIR’s advice on face value and, given his ability to access the internet, should have independently checked this advice. With the benefit of hindsight, Mr Meany agreed. While it is true that the advice provided by DIR is free, I do not believe this should be a case, as Mr Bennett suggested, that “you get what you pay for.”. Members of the public seeking information from DIR should be entitled to believe that what they are told is accurate. I might have been prepared to forgive DIR somewhat had the amount only changed shortly before Mr Meany’s visit, however, the figure was altered on 21 December 2001, some six months before Mr Meany attended their offices at Mt Isa. There is no excuse for this error. Mr Meany’s position was not helped by his Solicitor. Despite Mr Meany paying for this advice the Solicitor did not independently verify the information provided to Mr Meany by DIR. The Commission can only conclude that Mr Meany was poorly served on the aspect of the salary cap by both DIR and his Solicitors. The question then becomes whether representative error provides an acceptable explanation for the delay. The decision of the Full Bench of the Australian Industrial Relations Commission in Clark and Ringwood Private Hospital ((1997) 74 IR 413) distils from the case law four propositions to be taken into account in considering this question. These are:

1. depending on the particular circumstances, representative error may be a sufficient reason to extend the time within which an application for relief is to be lodged;

2. a distinction should be drawn between delay properly apportioned to the applicant’s representative where the applicant is blameless and delay occasioned by the conduct of the applicant;

3. the conduct of the applicant is a central consideration in deciding whether representative error provides an acceptable explanation for the delay in filing the application; and

4. error by an applicant’s representative is only one of a number of factors to be considered in deciding whether or not an out of time application should be accepted.

In this matter I am satisfied that the delay should not be attributed to Mr Meany. He was clearly keen to challenge his dismissal as evidenced by his attendance at the office of DIR on the day he received notice of his dismissal. This was immediately followed up by his attendance on Mr Gear. This is clearly a case of representative error which, in my view, should not be visited on the applicant especially in light of the timeliness of his actions in seeking out advice on his dismissal. I consider the applicant has provided an acceptable explanation for the delay. Prejudice to the Applicant Clearly the applicant will lose the right to test the fairness of his dismissal if an extension of time is not granted. In this case where there is evidence that the applicant actively pursued advice about his position immediately upon being dismissed, the prejudice to Mr Meany would be greater than where a person has sat on their hands for a considerable period beyond the expiration of the 21 day statutory time limit before taking any action. Prejudice to the Respondent The Company has identified several ways in which it will be prejudiced if an extension of time is granted. The causes of the prejudice are:

1. the serious ill health of Mr Roberts, the General Manager. It was his uncontested evidence that he will be forced to leave the Company before the end of April on account of a medical condition that requires ongoing treatment;

2. Mr Bird who was integrally involved in the events leading up to Mr Meany’s dismissal now resides in New Zealand; 3. two other witnesses that the Company would wish to call to give evidence are based overseas; and 4. in or about November 2002 the Company entered into negotiations for the sale of its business and is presently considering an offer to purchase

made by an interested party. With respect to points 2 and 3 above, the Company contended that it would be put to considerable cost in having the witnesses return to Queensland if the extension of time was granted. Of the four issues raised by the Company, the most compelling argument is the health of Mr Roberts. I accept that the Company would suffer prejudice if Mr Roberts was too ill to give evidence in the matter. I also note however that in his evidence in this hearing Mr Roberts commented that Mr Bird was more closely involved with matters relating to Mr Meany’s termination. With respect to Mr Bird, the Commission understands that he performs work on a contractual basis for the Company. This work does not require his physical attendance at the Company although it appears that he returns to Australia from time to time to perform work for the Company and an associated company of the respondent. I would think that as far as practicable the Commission would be prepared to accommodate Mr Bird’s work schedule in Queensland with any hearing of this application in order to minimise the costs to the Company. The other two witnesses that the Company advised that it would propose to call left the Company’s employ in September 2001. Even had Mr Meany filed his application for reinstatement on time, the Company would still be faced with the same problem regarding the availability of these witnesses. In regards to the sale of the business it is the case that at the time the negotiations for the sale of the business commenced, an application for reinstatement was filed. I also note Mr Meany’s submissions that normal business practice should ensure that this matter is properly accounted for on any transaction. Weighing all of the issues raised by the respondent I am satisfied that the Company is likely to be prejudiced in the event an extension of time is granted and Mr Roberts is too ill to give evidence. This is an issue to be weighed against other factors. Any Relevant Conduct by the Respondent Mr Meany has pointed to various actions of the Company’s previous Solicitors to argue that there is conduct by the respondent that should be taken into account. Of particular relevance in my view is the letter of termination dated 17 June 2002 advising of the dismissal on 12 April 2002. Mr Meany believed this could be prejudicial to him. In addition he drew attention to the contents of that letter wherein it is said in part,

“We urge you to obtain legal advice in regard to your entitlements. Please request your lawyers to contact us.”.



Mr Meany said that when his Solicitors sought such advice, none was forthcoming. He claimed to be owed about $10,000 in entitlements. Mr Meany has other avenues to pursue any outstanding entitlements if the extension of time is not granted. However, the backdating of the dismissal is a curious feature in this matter. Applicant’s Prospects of Success Mr Meany advised the Commission that he was seeking reinstatement should the matter proceed to a hearing. The respondent submitted that an order for reinstatement was an unlikely outcome given the nature of Mr Meany’s employment, that is, Chief Pilot, and that he was employed by a small business. It was the evidence of Mr Roberts that the Company only employed 11 employees. Mr Bennett also submitted that reinstatement was also an unlikely prospect given the delay between the dismissal and the date of filing the application and that any award of compensation would be minimal given that Mr Meany had obtained some work. On that point it was Mr Meany’s evidence that he commenced casual employment for two days per week at the time of his suspension in April 2002. An extension of time hearing is not a preview of the substantive hearing and unless there is a fundamental obstacle that no amount of evidence will overcome, it will often be difficult to gauge an applicant’s prospects of success. (See Johnson v Discovery Bay Developments Pty Ltd (Receivers and Managers Appointed) (1996) 151 QGIG 1010). There is no such fundamental obstacle in this case. On the basis of the limited material before me I am unable to conclude that the applicant has such little prospects of success that an extension of time should be refused. Conclusion Of the matters that have been raised in these proceedings the issues which I consider to be most relevant are:

1. the length of the delay – in excess of 3 months; 2. although it was already beyond the 21 day time limit, the Company was put on notice on 23 July 2002 that Mr Meany intended to challenge his

dismissal and was seeking reinstatement; 3. the applicant has provided an acceptable explanation for the delay; 4. the applicant has actively sought to challenge his dismissal but was poorly advised, first by DIR then by his Solicitors; and 5. the respondent’s case would be prejudiced in the event Mr Roberts is too ill to give evidence.

Having weighed and balanced these factors in particular, but also those referred to throughout this decision, I am satisfied that it is a reasonable exercise of discretion to extend time for filing of this application. It is plain on the evidence before me that Mr Meany took quick action in an attempt to challenge his dismissal. In my view, the applicant should not be denied the opportunity to test the fairness of his dismissal because of the failures of his advisors. That the applicant is blameless in this matter outweighs the prejudice that the respondent might suffer in the event of Mr Roberts’ inability to give evidence. The time for filing the application is extended to 18 October 2002. Order accordingly. G.K. Fisher, Commissioner. Hearing Details: 2003 6 and 10 March

Appearances: Mr K. Meany representing himself. Mr S. Bennett and Ms D. McConnell (Blake Dawson Waldron) and with them Mr H. Allmann for the respondent. Released: 26 March 2003

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Industrial Relations Act 1999 – s. 156 – application for certified agreement

Southport Diagnostic Imaging Pty Ltd AND Certain employees of Southport Diagnostic Imagining Centre Pty Ltd (No. CA 74 of 2003)

COMMISSIONER FISHER 26 March 2003

SOUTHPORT DIAGNOSTIC IMAGING PTY LTD CERTIFIED AGREEMENT 2002 Application for certified agreement – Issues raised – Show days – 14% annual leave loading – Trade in sick days – Agreement resubmitted – No disadvantage test – Section 160 Industrial Relations Act 1999 – Global approach – Amended agreement certified from 20 March 2003.

DECISION On 17 March 2002 the Commission as constituted heard an application to certify an agreement entitled the Southport Diagnostic Imaging Pty Ltd Certified Agreement 2002. The Agreement was made between Southport Diagnostic Imaging Pty Ltd and certain employees of Southport Diagnostic Imaging Pty Ltd. At the hearing the Commission asked a number of questions about particular contents of the Agreement including:

(i) the absence of Show Day from clause 4.6 Public Holidays; (ii) the payment of annual leave loading of 14% to Medical Imaging Employees employed after 1 October 2002 (clause 5.1.(7)); and (iii) the ability for employees to “trade in” ten days accumulated sick leave for one day of annual leave (clause 5.2.1(1)).

A few other matters were also raised, however, these were more matters of form rather than substance. At the conclusion of the hearing the Commission informed the parties that they should consider amending the Agreement in terms of the matters discussed while the Commission gave consideration to whether the Agreement passed the no-disadvantage test. In relation to the above matters the Commission heard from the employer’s agent, Ms Reed, and Mr G. Ferguson, who is the Chief Radiographer and Manager of Medical Imaging Services. In the notice of hearing, the Commission advised that it required an employee, selected by other employees, to attend the hearing for the certification of the Agreement and to be available to answer questions from the Commission. Mr Ferguson attended in that capacity.

1676 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 The Commission did not require Mr Ferguson to give sworn evidence but to answer questions from the bar table. The Commission questioned Mr Ferguson about the means by which he attended as the employees’ representative. He advised that he had traditionally been the employees’ representative. When the notice of hearing was received, Mr Ferguson approached the other employees and asked whether there was any objection to his attendance. When none was made Mr Ferguson accepted the role. Generally I would have concerns about an employee in a management position being put forward as representative of employees in a matter such as this where employees’ terms and conditions of employment are affected. While Mr Ferguson is also covered by the Agreement it is usually the case that the interests of those in management positions are not the same as those they supervise. Although I continued to harbour reservations about whether Mr Ferguson could truly be construed as the employee’s representative, given that he appeared in response to the directions, I decided to permit his appearing to speak on behalf of employees. An amended agreement has now been submitted. The parties have addressed the matters of form raised by the Commission and have included a provision for work performed on Show Day in clause 4.6 Public Holidays. On the matter of the annual leave loading, the Commission was informed by Ms Reed that medical imaging staff enjoy a benefit of five weeks’ annual leave. The fifth week is an additional benefit and not provided because employees are shift workers. It has been the employer’s practice to pay the 17 ½% leave loading on each of the five weeks of annual leave, although it is only required by the award to pay it on four weeks. As the Agreement delivers a number of benefits to employers, the employer sought to offset the cost by amortizing the 17 ½% leave loading due on four weeks’ annual leave over five weeks’ annual leave for medical imaging employees who commence employment on or after 1 October 2002. Medical imaging employees employed prior to 1 October 2002 continue to receive the benefit of the 17 ½% leave loading on each of the five weeks’ leave. Mr Ferguson said that despite there being some initial concern over the provision from one employee, after further discussion this employee was reasonably satisfied with it. Mr Ferguson said that as current employees would not be affected by the change, they were not opposed to it. In regard to the matter of trading off 10 days’ sick leave for one day of annual leave Ms Reed informed the Commission that the employer employed many long term employees who had sought such a provision. Mr Ferguson confirmed that the request for trading sick leave for annual leave was initiated by employees. He said that when the employer asked employees to nominate an amount of sick leave to be traded, the employees proposed 10 days. Mr Ferguson said employees “thought at the time if we asked for too much . . . it could never be included.”. By this Agreement employees have agreed to trade one year’s entitlement to sick leave for 5% of their annual leave entitlement. Certainly, the Agreement provides for the trade off be to at the employee’s written request and for the employee’s sick leave balance to be not less than 20 days following access to this benefit. While the Commission can understand that employees perceive that a benefit is going to waste, the purpose of sick leave is to have paid leave available in the event of illness or incapacity. The accumulation of sick leave is to have leave accrued in case of long term illness or serious accident. The Commission is aware that the provision was initiated by employees. I can only think the employer must have been delighted with their proposal. If the election is taken up, the employer substantially reduces their liability for a minimal outlay. One of the Commission’s duties under s. 156 of the Industrial Relations Act 1999 (the Act) is to be satisfied that the Agreement passes the no disadvantage test as prescribed by s. 160 of the Act. This test requires the Commission to consider whether the Agreement disadvantages employees in relation to their employment conditions. The Agreement displaces the Medical Imaging and Radiation Therapy Employees (Private Sector) Award – State. In my view employees sold themselves short in the trade off of sick leave provision. However, in applying the no disadvantage test it is not the role of the Commission to impose on agreement parties the conditions it considers to be preferable. The Commission only needs to be satisfied in terms of this test that the Agreement will not reduce employees’ entitlements or protections. (s. 160(2)). The Commission has approached the application of the no disadvantage test in a global way. ( See Logan Day Surgery Pty Ltd – Certified Agreement (1999) 162 QGIG 120). In the circumstances the Commission is satisfied by the explanations provided by Ms Reed and Mr Ferguson on the matters raised by the Commission. Further, the Agreement has been amended to address the other formal matters identified at the hearing. In addition the Agreement provides a number of enhancements beyond the Award. Accordingly, the Commission has reached the view that the Agreement passes the no disadvantage test in accordance with s. 160 of the Act. Other relevant provisions of the Act have also been satisfied. Clause 1.4 provides that the Agreement is to operate from the date of certification. As the amended Agreement was submitted on 20 March 2003, I am prepared to certify the Agreement from that date. Order accordingly G.K. Fisher, Commissioner. Hearing Details: 2003 17 March

Appearances: Ms K. Reed and with her Mr W. Judkins representing on behalf of Southport Diagnostic Imaging Pty Ltd. Mr G. Ferguson on behalf of certain employees of Southport Diagnostic Imaging Pty Ltd. Released: 26 March 2003

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Industrial Relations Act 1999 – s. 274 – General Powers

Mackay Sugar Co-Operative Association Limited AND The Australian Workers Union of Employees, Queensland and Others (No. B255 of 2003)

COMMISSIONER BECHLY 26 March 2003 Application for exemption from severance allowance – alliance formed between companies – acceptable employment found – application granted.

DECISION

Mackay Sugar Co-Operative Association Limited (Mackay Sugar) seek an exemption from the general severance pay prescription in the Queensland Industrial Relations Commission Statement of Policy for Termination of Employment, Introduction of Changes and Redundancy (TCR Statement of Policy) under C(9) of the statement of policy which applies to the Sugar Industry Award – State; Engineering Award – State and Building Trades Public Sector Award – State.



The final order sought is in the following terms:

1. That Mackay Sugar Co-Operative Association Limited (Mackay Sugar) is exempt from the general severance pay prescription in the Queensland Industrial Relations Commission Statement of Policy for Termination of Employment, Introduction of Changes and Redundancy (TCR), under clause C(9) of the TCR Statement of Policy which applies to the Sugar Industry Award – State; Engineering Award – State and Building Trades Public Sector Award – State 2002.

2. That Mackay Sugar shall not be required to pay any redundancy, retrenchment or termination pay or any payment in lieu of notice to any

employee of Mackay Sugar who has accepted an offer of alternative employment with Transfield Services (Australia) Pty Ltd (Transfield) prior to the date of this order, or within 30 days thereafter, which employment is regulated by the terms and conditions of the Transfield Services (Australia) Pty Ltd Mackay Sugar Alliance Enterprise Agreement 2003 – 2006 (No. CA 55 of 2003).

3. This Order shall only apply to the termination of employment of Mackay Sugar employees in the course of the implementation of the Business

alliance referred to in the Memorandum of Understanding between Mackay Sugar and Transfield made on 21 November 2002.

The background to the application is quite straight forward. Mackay Sugar and Transfield Services have entered into a business alliance whereby Transfield provide maintenance activities previously undertaken by Mackay Sugar at factories situated at Marian, Pleystowe, Racecourse and Farleigh and on the cane railway infrastructure and rolling stock together with the operation of the cane railway. This activity was undertaken as a measure to maintain the financial viability of Mackay Sugar in a climate of crop failures, drought, cane disease, declining sugar prices, and currency fluctuations and corresponding decrease in importation prices for raw sugar from Brazil. One effect of the alliance was that Transfield Services would make offers of employment to relevant employees of Mackay Sugar. The employment of such persons is to be regulated by a Certified Agreement which has conditions no less favorable than those applying at Mackay Sugar. Employees of Mackay Sugar who accept employment offers from Transfield take up the new employment and Transfield transfer with such employees, all accrued employment entitlements including sick leave, annual leave, long service leave and any other benefit accruing from past employment with Mackay Sugar. The terms of all of those arrangements were negotiated with the relevant unions namely the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland (AMEPKU), The Australian Workers’ Union of Employees, Queensland (AWU) and The Electrical Trades Union of Employees of Australia Queensland Branch (ETU). All employees were adequately informed of all relevant matters before they accepted employment offers with Transfield, including the fact that Mackay Sugar was not terminating their employment. Employees were able to remain in employment with Mackay Sugar if they so wished. A number have elected to do so. As at 7 February 2003 262 of the 276 affected employees chose to accept employment offers from Transfield. On a perusal of all of the material presented to employees at meetings where these proposals were outlined and discussed, I am satisfied that the employees concerned, in accepting offers of employment with Transfield, terminated their employment with Mackay Sugar, but did so in the knowledge that, amongst other benefits, they would have credited to them the benefit of past service with Mackay Sugar, including any benefit which might, at some future time, be brought into play regarding redundancy. I am satisfied that the actions of Mackay Sugar in the negotiations about the alliance could be categorized as those which are compatible with the requirement of ensuring that relevant employees are offered acceptable alternative employment. During the proceedings on this matter the unions raised concerns about the following provisions of the Certified Agreement:

“It is noted by the parties that there is a commercial arrangement in place between Transfield Services and Mackay Sugar and in the event of terminations for any reason, Mackay Sugar will at its cost transition and reemploy all employees involved in the alliance.”.

It was contended that in the event of such a transition and re-employment, employees entitlements to TCR benefits would not be preserved. The preservation of all service for TCR purposes of employees employed initially and subsequently by Mackay Sugar and by Transfield Services in an intervening period has been provided for in the final order sought by the applicants in this matter following this last issue being raised by the Unions. The application is granted. R.E. BECHLY, Commissioner. Hearing Details: 2003 25 February 2003 17 March Released: 16 March 2003

Appearances: Mr P. Warren for Australian Sugar Milling Association, Queensland, Union of Employers, with him Ms A. Fitzpatrick and Ms M. Kann of McCullough Robertson, and Mr C. Burnett on behalf of Mackay Sugar Co-Operative Association Limited. Mr J. Sharpe of The Australian Workers’ Union of Employees, Queensland, with him Mr R. Stockham. Mr J. Slowgrove of The Electrical Trades Union of Employees of Australia, Queensland Branch Mr E. Moorhead of Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland, with him Ms K. Allen.

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Industrial Relations Act 1999 – s. 230 – application for arbitration

NRG Gladstone Operating Services Pty Ltd AND Queensland Services, Industrial Union of Employees and Others (No. B1805 of 2002)

GLADSTONE POWER STATION AWARD – STATE

COMMISSIONER BROWN 2 April 2003

DECISION

1678 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 This matter originally came before the Commission as a dispute conference (D218/02) on Wednesday, 12 June 2002, convened following receipt of notification by the applicant, NRG Gladstone Operating Services Pty Ltd (NRGGOS) pursuant to s. 229 of the Industrial Relations Act 1999 (the Act) of a dispute. Several attempts by Bloomfield DP to resolve the matter by conciliation were unsuccessful. This was despite a thorough investigation by the Commission of the issues and arguments advanced by the parties which resulted in seven detailed recommendations to the parties aimed at resolving their differences. Following the failure of the Union parties being the Queensland Services, Industrial Union of Employees (QSU), The Electrical Trades Union of Employees of Australia, Queensland Branch, the Federated Engine Drivers’ and Firemens’ Association of Australasia Queensland Branch, Union of Employees and the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland (hereinafter referred to as the Unions) to the dispute to accept or agree to implement the recommendations, NRGGOS (now the applicant) sought by letter dated 4 November 2002 that the matter be arbitrated pursuant to s. 230(3)(b) of the Act which states: “(3) the commission may take the steps it considers appropriate for the prevention or prompt settlement of the dispute, by –

(a) . . . (b) if the commission considers conciliation has failed and the parties are unlikely to resolve the dispute – arbitration.”.

As indicated above, notification was received in line with s. 229(2) and with respect to s. 230(3)(b) evidence of the failure of the conciliation attempts can be found at page 10 of the transcript and again in the statement of agreed facts at paragraph 18 where all parties agreed that further attempts at conciliation would not in all likelihood be worth while. The Commission was satisfied that conciliation had failed and that the appropriate method of dealing with the differences between the parties was by arbitration pursuant to s. 230. At the directions hearing on 25 November 2002, the parties were asked to (jointly if possible) advise the Commission exactly which questions they required the Commission to determine. Neither party felt able to comply with that request. The issue in dispute is essentially one of staffing levels. The original dispute notification advised –

“The dispute involves a proposal by NRGGOS to restructure its operations by implementation of a ‘manning to workload’ system. The combined Unions have notified NRGGOS of their ‘rejection’ of the ‘manning to workload’ principle. It is NRGGOS’ position that it has given more than adequate notice to the Unions of the proposed restructure and has involved all parties in consultation about the process from an early stage and, therefore, it should be able to proceed with the process. Particularly given there were no objections raised until the process of implementation had begun.”.

Also in line with the directions of the Commission the parties submitted a statement of agreed facts. This was essentially a chronology of events leading to this arbitration. It is not necessary to reproduce all of the details in that statement, suffice to say that the dispute first arose in September 2000 following the announcement by NRGGOS of a proposed Production Reorganisation which would, if implemented, see a reduction of 18 positions (15 shift and 3 day workers). Following a series of information sessions and consultations and with the assistance of some staff departures and voluntary redundancies, the completion of phase 1 of the operational changes was completed in July of 2001. October 2001 saw the release of a document by NRGGOS titled “Reorganisation – General Guidelines and Principles”. This followed an over subscription in the number of employees seeking redundancy and a subsequent decision by NRGGOS to bring implementation dates forward. The new system proposed was not introduced but delayed to allow for further discussions and consultation. Ultimately the system was rejected by the operators. During November 2001 further talks were held in response to issues raised by delegates and documents titled “Manning Guidelines & Principles” and “Monitoring & Operating Plant & Equipment” were developed and provided to operators. The intervention of the Christmas/New Year period allowed operators time for discussion and two further redundancy applications brought the total to 10 in accordance with Phase 2 of the reorganisation schedule. NRGGOS sought to implement the final Phase by 20 February 2002 and despite the over subscription for redundancies, the Combined Operators Union (COU) members voted 46 to 5 against accepting the proposed changes and specifically the “manning to workload principle”. Despite further attempts to negotiate an outcome, the matter was ultimately referred to the Commission as a dispute as mentioned earlier in this decision. The parties agreed that the applicant had –

(a) obtained a risk assessment from Viner Group International; and

(b) developed measures such as–

(i) installing additional control room unit monitoring equipment to enabling monitoring of multiple units; (ii) reviewing and modifying the plant alarm system; (iii) reviewing unit reliability and making plant modifications; and (iv) designing critical systems to fail-safe.

Evidence was taken at a hearing in Gladstone on 3 and 4 February 2003 with final written submissions required to be lodged, the last being received on 17 March 2003. Evidence for NRGGOS was taken from Brian Green, General Manager at Gladstone Power Station (GPS); Graeme Arthur Watts, Manager Employee Relations, Health, Safety & Environment at GPS; Mark Raymond Moran, Production manager at GPS; and John Patrick Carlton, Senior Consulting Partner, Viner Group International.



The evidence of Green was that 37.5% of GSP is owned by NRG Asia Pacific Limited. Other owners include Comalco, YKK, Sumitomo and Mitsubishi. NRGGOS was formed to operate GPS on behalf of the consortium owners. Green had been employed at GPS for 21 years in various technical and supervisory roles including that of Manager, Employee Relations. As General manager, Green is responsible for meeting the expectations of customers and owners and maintaining the profitability of the company in the electricity industry. GPS encounters challenges to competitiveness in the form of the location of coal deposits (some hundreds of kilometres away) and associated freight costs together with aging technology. Problems not encountered by competitors. GPS has two customers – Boyne Smelter Limited (BSL) and Enertrade. Enertrade’s ability to market GPS energy is related to cost. Green believed that if Enertrade or BSL believed that they could source cheaper electricity then tremendous pressure could be placed on the contracts. Hence the pressing need to manage GPS costs effectively. His evidence was that the consortium had spent some $200 million on capital improvements since 1994. He was aware of the restructuring planned and its evolution since September 2000 and believed that the changes were important –

• to take advantage of technology changes by realising the cost savings from those changes; • to further improve the competitiveness and structural efficiency of GPS; and • to minimise the number of employees exposed to shift environments with the attendant health concerns.

Green stated that NRGGOS’ income was from the operation of and the provision of maintenance to GPS. Graeme Arthur Watts has been employed in various engineering and managerial roles at GPS for the last 25 years (since 1994 by NRGGOS) and currently hold the position of manager, Employee Relations – Health, Safety & Environment. Watts was aware of the history and reasons for the manning to workload restructuring. NRGGOS, its employees and relevant Unions are bound by the NRG Gladstone Operating Services Pty Ltd – CA 2002 (the 2002 Agreement). Watts stated that he was involved in the negotiations for the 2002 Agreement and that the 4% wage increase for operators contained therein compensated for –

• productivity improvements achieved through downsizing – restructuring and workplace changes; • commitment to the continuous improvement process; • further productivity improvements; and • continued voluntary participation in the Business Planning process.

He stated that on 11 April 2002 employees voted to accept the 2002 Agreement. Watts referred to the Gladstone Power Station Operators Reorganisation Certified Agreement 1998 (CA 606 of 1998), its certification in November 1998 and its nominal expiry date of November 2001. He further cited the summary clause thereof as follows– “. . . . Sections 1 and 4.3 highlight the station’s current manning units for the first two years of this agreement. Section 1.1(a), 1.1(b), 1.3 and 4.3(a) will be

removed at the conclusion of this period. NRG reserves the right to manage the staffing/resourcing levels at the station to meet the needs of the business. Any changes to staffing levels will

only be carried out after the normal consultation process between the company, affected employees and their union is completed.”. The evidence provided by John Patrick Carlton was given in his capacity of an Occupational Health and Safety consultant and Director of Viner Group International. Carlton stated that he had more than 20 years’ experience in the occupational health and safety field and had been employed as–

• in 1980 became the Chairman of the Research School of Physical Sciences Safety Committee and appointed to the Vice Chancellor’s ANU Safety Committee;

• in 1987 was a Corporate Safety Advisor with CSIRO in Canberra and 1992 appointed manager of Occupational Health and Safety and

Compensation for CSIRO nationally; and • in 1996 joined the Viner Group International as an OHS consultant where he remains as a Director and Senior Consultant.

Carlton holds a Graduate Diploma in Occupational Hazard Management from the School of Engineering at Ballarat University. Viner Group International specialises in providing occupational health and safety services including –

• risk management; • development of hazard management systems; • implementing occupational health and safety management systems; and • carrying out expert witness investigations.

Viner Group International has the electricity industry as their major client focus.

1680 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 Viner Group International has implemented occupational health and safety and hazard management systems in most Queensland Power Stations as well as auditing those systems annually. Viner Group International has conducted the risk assessment of potentially serious events (top events) at several power stations including GPS with the benchmark study conducted by Derek Viner in 1991 at Stanwell Power Station. At paragraph 7(k) of his statement, Carlton stated that recently he had facilitated “risk assessments” (analysis) of 26 defined occupational health and safety events, selected for their potential for serious injury and damage at GPS. Carlton advised the method of analysing the risk assessment at GPS is known as the Fault Tree Analysis (FTA) which starts with the premise that a specific undesired event (a defined OHS event in the Gladstone case) is possible. What needs to happen for this to occur is determined by analysing the operation of a system and how its components and sub-systems function to prevent failure. The process used to do this is through a series of facilitated workshops with groups of people who have expert knowledge of the design and operation of the system being studied. He stated that the question constantly being asked during that process is, “how can this fail and what prevents that failure leading to the event?” in relation to the function of the components or sub-systems. The probability of that failure and the probability of it not being remedied is then estimated. Those estimations are based on historical data and the experience of the group. Through calculation using Boolean logic, the probability of the OHS event occurring at that point in time given the current circumstances can be estimated. The above is followed by Outcome Analysis which is used to estimate the probability of event outcome escalation and the seriousness of the consequences should the event occur. The function of components and sub-systems designed to prevent or minimise damage following occurrence is studied. The process is very similar to FTA described above. During this part of the process the main focus is on people safety. The probability of people being involved in the vicinity of the event at each level of estimated escalating severity is estimated. Their level of risk is further estimated by assessing their skill levels in relation to the technical nature of each event. For example, a fire requires expert fire control people to respond. The primary objectives are always to minimise the severity of outcomes and exposure of people. Workshop groups typically involved an engineer, an operator, a maintenance person from the area concerned and sometimes relevant management. Carlton stated that his 1997 report was used as the base line for the 2002 report which concluded that improvements to plant and systems had resulted in a reduction in risk to staff generally. The effects of upgrading fire detection and suppression systems throughout the Station, improvements to switchgear and some reorganisation resulted in an estimated decrease in risk for 14 events of between 5% and 50%, no change for 11 events and a minor increase estimated for 1 event. Carlton stated that he saw no impediment to the new manning arrangements from a safety perspective. Although no specific investigation was conducted about risks arising through multiple unit operation by one operator, Carlton saw the job of an operator as critical and challenging but not stressful. Mark Raymond Moran gave evidence in his capacity as Production Manager GPS. He stated that he had some 25 years’ experience in the Queensland electricity industry working initially as an electrical fitter/mechanic and later as a power plant operator. Fifteen of his 25 years’ experience had been at GPS. The reliability of GPS has improved since a major refurbishment in the 1990’s and continues to improve as procedures and systems are optimised. Moran detailed the responsibilities of employees engaged as Power Plant Co-Ordinators (PPC) and Unit Controllers (UC). He stated that the new control system is computerised, more compact, flexible and provides a higher level of operator feed-back than the old system. Following the refurbishment a restructure of the Production Department occurred and by late 1998 the number of operators was reduced to 10 per shift. He stated that the “manning to workload” proposal was first released in September 2000. It announced a reduction of 18 positions in total from 10 to 7 per shift and was supported by information sessions with operators regarding the proposed structure and the reasons behind the need for improvement/change. Production costs, technology and methods of production by comparison with competitors were major factors. Moran described the “manning to work load” system as follows:

“The current manning system is based upon a fixed number of operators allocated on a per Unit basis, i.e. if 6 Units are ‘running’ then 6 operators are required on a 1 per Unit basis. Additional operators may be required to operate the station auxiliary plant. The current practice is to reduce manning by 1 operator on the non-business hours shifts which is achieved by the PPC assuming the UC tasks associated with this plant area. The ‘manning to work-load’ system is based on balancing the number of operators to the expected work demand. It does not rely upon working a fixed number of operators who are allocated to work on specific Units.”.

Moran stated that without re-organisation, GPS would experience ongoing difficulties in the following areas:

• manning constraints during peak work periods; • inconsistent completion of maxi (whole of plant inspection carried out at least once per set of shifts) and mini rounds (reduced plant area

inspection carried out at least once per shift); • inconsistent attendance at training sessions (particularly simulator training); • excessive overtime caused by sick leave and non-core activities such as other on-site meetings; • overtime or other constraints on internal or external department projects due to problems associated with completion of graphics work; • utility training day attendance and its relevance to the current operations; • workload associated with station plant; • unbalances workload across sections; • difficulty in meeting potential changes in generation requirements; • reduced capacity to adjust to future manning losses (retirement or resignation); • increased overtime costs; and • potential decrease in skill level which may effect reliability and availability.

Moran’s evidence was that the “manning to workload” principle was in operation in all other work functions at GPS and in other power stations.



The Division of Workplace Safety advised Moran that NRGGOS’ assessment and controls were consistent with the “intent of the legislation”. (Ex 19 para. 40) Moran stated that all leave obligations would be met under the new system. Moran stated that the National Occupational Health and Safety Certification standard for users and operators of industrial equipment (NOHSC:1006) is generic in nature and contains competency standards relating to operator certification. GPS compliance is achieved through a range of site procedures, documentation, control system automatics and training systems and through a whole of operation approach. GPS ensures that changes to standards, acts, regulations, etc. are applied to relevant procedures or systems. Regarding Plant Manuals, Moran stated that the previous system of providing access to manuals had been changed. There is a hard copy of the manual in the PCR and access to the manuals was easily available via the UC’s desk computer. Operators are able to make personal copies if desired. Operator’s screens are not sacrificed during periods where operators are scanning plant manuals. Moran stated that: “The process currently in place for authorisation to work as a unit controller at GPS consists of two distinct requirements. Firstly, an applicant must

have certification recognised by the Queensland Department of Workplace Health and Safety as sufficient for pressure equipment operation at GPS and, secondly, an applicant must have completed the Unit Controller training course at GPS. The training assessment and accreditation process associated with certification by the Queensland Department of Workplace Health and Safety is not performed by NRG personnel and in the past the assessment and accreditation has been conducted by the Department of Workplace Health and Safety itself. The Unit Controller training course is conducted by NRG personnel and covers plant specific to GPS. The course consists of classroom and hands-on training under the direction of a certified operator.”.

He maintained the new organisation structure would allow operators better access to training, the provision of which is consistent with Bloomfield DP Recommendations 5, 6 and 7. Regarding operator concerns relating to drum level controls, Moran stated that adequate theoretical and on-the-job training enabled operators to safely perform this task and further that all GPS boilers have a drum level control and protection system which is consistent with the National Fire Protection Authority Code (NFPA:1995). Compliance with the NFPA code is an industry standard in Australia and consistent with industry best practice. An elaborate system of timed and instantaneous automatic trips provides failsafe protection to the GPS boilers in the event of abnormal drum levels. As per the NFPA Code requirements, the operator cannot override this failsafe protection. Moran stated that a procedure for operating more than one unit was distributed in November 2000, however, due to the failure to finalise this matter, had not been posted electronically. The procedure “Monitoring and Operating Plant and Equipment – Plant Control Room” (OPG.1001) sets guidelines and principles for the remote monitoring and operating of Plant and Equipment at GPS. The procedure does not cover every possible event. It provides guidance to an operator monitoring multiple units in cases where single or multiple contingency events occur. Regarding the handover of responsibilities from one shift to the next, Moran stated that the NOHSC standard specifies three criteria:

• operating status of boiler diagnosed; • operating log maintained clearly and accurately in accordance with statutory requirements and workplace procedures; and • information regarding boiler status and operation is communicated clearly in accordance with workplace procedures which relate to statutory

requirements and workplace procedures. These are required to be demonstrated for certification purposes and the Workplace, Health and Safety Assessment Instrument for the prescribed occupation of pressure equipment operation is generic. There are no statutory requirements that would restrict NRGGOS from streamlining plant handovers and identifying exactly which operator was in charge of what at a given time. Moran indicated that the plant control room was arranged such that the six generating unit operator interfaces are arranged in pairs around the central monitoring station. The control system allows generating unit operation (including alarms) to be monitored at the monitoring desk. When operation of an individual generating unit is required, the operator would need to walk the ten or so paces to the individual generating control desk. The control system in use at GPS does allow operation at the monitoring station but that feature is not currently activated. Moran stated that increasing operator numbers on the monitoring desk to 3 operators would leave one operator free to leave the monitoring station and attend to a unit requiring operation at the unit control desk and in that case a formal handover would not be required. He said that risk assessment had also revealed the probability of the occurrence of a major single contingency event associated with a unit as low and that of multiple contingency events even lower and that improvements in unit reliability have reduced demand on operators. He maintained the new manning system would provide additional support where required by moving a unit controller from a unit operating without problems, to the high work activity area. Moran stated the intended manning system is focused on the minimum number conditions, and for the purpose of discussing workload, the basis of the principle are:

• for business hours dayshifts the number of operators would equal the number of operating units. Where workload permits, some of those operators may attend training sessions or other activities and under those conditions units would be remotely monitored. Those operators would be available for recall, at short notice, to the plant control room, if required;

• for non-business hours shifts operator numbers may be reduced (to no less than 4 inclusive of the PPC) provided the workload conditions permit such reductions. The reductions would only occur if a condition arose where less operators were available than the number of operational units (e.g. an operator rings in sick) and a risk assessment confirms the reduction can occur. In cases where risk assessment indicated the absent operator position must be filled then it would be filled by the current method – overtime;

• in cases where a generating unit or other plant experienced problems requiring an operator to be dedicated full-time, that would occur; • in cases where operator manning is required above the normal operator levels, additional operators would be called in on overtime.

1682 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 Moran stated that the minimum number of operators was detailed in the document, that being four per shift. He indicated that GPS was conscious of operator workload issues and stated that some non-core aspects of the role were transferred to allied Departments including plant isolations associated with the chemical plants, and unit trips had been reduced. He also stated that electricity consumers would not be affected by the implementation of the reduced manning system. Moran indicated that the monitoring system proposed by Bloomfield DP was accepted by NRGGOS. He stressed NRGGOS was aware that the liability issue was a concern of operators but considered that was adequately catered for. Thomas Anthony Edward Heron, Chief Safety Engineer, Division of Workplace Health and Safety, was subpoenaed to give evidence by the Unions. Heron answered questions put by the Unions but ultimately his evidence in relation to operators’ duty and safety was that there was nothing in the Workplace Health and Safety Act 1995 to prohibit an operator from being in control of more than one boiler or turbine and there were no issues to prevent NRGGOS from implementing its manning to workload system. In his evidence, Heron drew a distinction between possible damage to plant and equipment and possible injury to employees saying that his concerns related to the latter. Heron stated that the Viner Report did not set out to address the issue of personal liability for operators. However, Heron was of the opinion that if the operators strictly followed and implemented the recommendations and actions proposed in the Viner Report (which identified the employer’s risk control measures) they will have fulfilled their obligations under the Workplace, Health & Safety Act 1995. He stated that Australian Standard, AS 3873 2001, relating to pressure equipment operations was a guide to employers to assist them to fulfil their obligations to reduce risk and the Viner Report risk assessment did not necessarily have to comply with that standard. The advisory Standard for Risk Assessment published under the powers of the Workplace, Health & Safety Act 1995 took precedence. He further stated that he had verified that the procedures of the risk assessment contained in the Viner Report indicated that there was sufficient automation for an operator to be able to safely control more than one boiler. He stated that the competency standards that were a pre-requisite to licensing has no standing after a licence is granted but that the responsibility for maintaining standards fell to the employer under s. 28 of the Workplace, Health & Safety Act 1995 and to some degree the employee. Heron acknowledged that he was responsible for a large part of the drafting of 2 letters. One sent to Mr Smith of the QSU and the other to Mr Moran of NRGGOS both signed by John Crittall and that he had not sighted a series of questions raised by the QSU prior to the drafting of the letters because the text of the letter that was assembled by Crittall was pulled from correspondence drafted by Heron for a previous matter. Heron answered questions about an incident in 1987 at Swanbank Power Station. There were no injuries as a result of this incident. Heron had at the time inspected a tube failure, interviewed power station staff and to the best of his recollection the operator involved in the incident was reprimanded. He agreed that whilst handovers at GPS might not be very relevant given the degree of automation, it was good practice. (See transcript, page 194, lines 49-53) He believed that operators could operate numerous units at GPS quite safely (See transcript, page 197, line 20) and a certain amount of flexibility needed to be present in the system. He stated that whilst interpretations of the Workplace, Health & Safety Act 1995 and advice were given on a daily basis that disputes requiring determination would see the “final” interpretations made by a Court. Regarding the “fail safe” mechanisms in place at GPS, he stated: “. . . .with the automatic controls that they have got, if the units started to develop a fault, and it was a serious fault and it couldn’t run on supporting

pieces of plant, to take over the role of a redundant piece of plant, the machine would start to shed its load, progressively drop off its load, it’d start to run down. And when it runs down, it would run down in an automatic mode and fail safe. And as I mentioned before, in s. 28 of the Act the employer has a requirement to make sure he provides safe plant and that safe plant is illustrated in the advisory standard for plant and what that might mean. The advisory standard for plant which has evidentiary value under the Act specifies that the plant should fail safe and the plant at Gladstone does fail safe. It has low thermal capacity anyway. If it blew a tube, so what, it wouldn’t worry me at all. No-one would be hurt. The probability of someone being around in that area would be very low indeed.”.

He stated further that the risks at GPS are “well and truly” controlled and further regarding liability agreed that if an operator was out of the control room by way of a direction of a superior, then that would exonerate that operator from any responsibility or liability under statutory duty of care in the Workplace, Health & Safety Act 1995. Other witnesses for the Unions gave evidence by way of sworn statements. They were: John Russell Hunt (Ex 13), Unit Controller with 21 years employment with GPS; Paul Adamson (Ex 14), Unit Controller with approximately 15 years experience with GPS; Peter Morrison (Ex 15), Unit Controller a GPS employee; Ross Srieler (Ex 16), Unit Controller a GPS employee; Steven John McIntyre (Ex 17), Unit Controller with 18 years experience with GPS; Christopher Roy Jones (Ex 18), Unit Controller with 22 years experience with GPS; Robert Bowden (Ex 19), Unit Controller a GPS employee; Garth Raymond Liddell (Ex 20), Unit Controller with 19 years experience with GPS; Ronald William Cary (Ex 21), Unit Controller with 25 years experience with GPS; Gary James Collins (Ex 22), Power Plant Controller with 26 years experience with GPS; and John Charles Cook (Ex 23), Unit Controller an employee of GPS. NRGGOS chose not to cross-examine any of the above witnesses. In this evidence the witnesses expressed general concern over the implementation of the “manning to workload” principle.



Those concerns centred on the following areas:

* the need for a formal handover procedure and a method of ensuring that a log accurately recording which employee or employees were responsible for a particular unit at a given time is maintained;

* accepting responsibility for the safe operation of multiple units whilst holding a belief that the “manning to workload” principle would

compromise safety;

* whether operators could be held personally liable for the consequences of any human error whilst in charge of a unit or units;

* whether an operator’s license could be removed or penalties imposed as a result of an adverse finding over an incident involving an error on the part of the operator;

* the provision of operating manuals or the lack of access to them;

* the provision of procedures to be followed whilst operating multiple units;

* increased stress – pressure of increased responsibilities;

* the effect on employee’s health and safety;

* the reductions which have already occurred to staffing levels;

* the ability to access breaks and paid leave under the proposed staffing arrangements; and

* inadequate training generally and in the case of the evidence of Adamson at the commencement of his engagement.

NRGGOS supplied their submissions and an amended draft order to the Commission. Those submissions highlighted that NRGGOS relied on the principle of “managerial prerogative” giving examples and precedents (AFULE v State Rail Authority or NSW (XPT Case) (1984) 295 CAR 188, QSU v Queensland Corrective Services Commission (D22, D119 and D124 of 1992 and ASMA v AWU &Oths (B1278 of 1996) ) and submitted the Commission was bound to apply that principle in this case. They also stated they had complied in all respects with the requirements of the Workplace Health & Safety Act 1995 and Regulations. NRGGOS maintained that the re-organisation would not impose injustice or unreasonableness on employees as all safety considerations had been adequately addressed. NRGGOS referred to the evidence of its witnesses together with the costs of production and pressure on existing electricity contracts and the basic principles and guidelines of “manning to workload”. Regarding the onus of proof, NRGGOS submitted that in the absence of any evidence from either party, NRGGOS would clearly succeed because there is a prima facie right to manage unless there is a demonstrated injustice or unreasonableness. There being no demonstrated injustice or unreasonableness without the calling of evidence, the evidential burden of proof lies with the Unions. NRGGOS submitted that because the evidence contained in the affidavits relied upon by the Unions consisted almost entirely of opinion evidence, it should be given little weight. NRGGOS referred to the evidence of Heron where he stated the Workplace Health & Safety Act 1995 and Regulations did not prohibit an operator from being in control of more than one boiler or turbine. Also, they submitted that his evidence verified the conclusions reached in the Viner Report. Regarding operating instructions NRGGOS relied on the evidence of Moran that in the unlikely occurrence of a multiple contingency event, the procedure required the normal assessment process to be undertaken to determine task priorities and staff allocation subject always to the overriding requirements that the safety of staff and plant be the foremost consideration. In dealing with handovers, NRGGOS again referred to the evidence of Moran where he intimated the issue of when handovers were necessary would be addressed by consultation with operators, however, he stated that the handover requirements were not onerous and could be achieved in a relatively short time and because of the degree of automation meant the data was logged and accessible even without a handover. NRGGOS stated that the proposed new staffing arrangements would not affect the operator‘s ability to take annual or long service leave and it was not their intention to regularly deny operators crib breaks and rest pauses. NRGGOS stressed training would be made available as part of the implementation process for any operator requiring further training. Regarding the operator’s guarantee, NRGGOS submitted that this issue was not one properly for consideration by the Commission. NRGGOS referred to Heron’s evidence where he stated “an employee who was following the employer’s safe method of work, could not, by any stretch of the imagination, be thought of as wilful”. Also, NRGGOS submitted they had taken all steps to ensure the risk of liability to operators was reduced. In summary, NRGGOS submitted the principle of risk management is the assessment and classification of hazards by their probability of occurrence and potential impact and maintained there had been no evidence by the Unions which would contradict the expert evidence of Carlton that the implementation of the “manning to workload” principle would not lead to any increase in exposure to risks for the operators. The Unions collectively endorsed or adopted each other’s submissions and these will be dealt with in this light i.e. collectively. The Unions did not dispute the principle of managerial prerogative but submitted that it was not unreasonable for the Commission to define minimum staffing levels for NRGGOS in the event that employees are subjected to unreasonable mental or physical workloads. This would ensure NRGGOS maintained certain levels of consistency, defined procedures to allow employees to comply with good operating procedures and that employees not be restricted in their ability to access accrued annual and long service leave. The Unions contended that the onus of proof was on NRGGOS as applicant and maintained that NRGGOS had to demonstrate that the “manning to workload” proposal was reasonable.

1684 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 The Unions stated that NRGGOS failed to offer evidence which demonstrated the reasonableness of a principle that allows 2 employees or an employee to have the responsibility of simultaneously operating six units and other associated functions. The Unions expressed concern that NRGGOS did not facilitate an inspection by the Commission of the control room whilst it was operating in the fashion proposed. The Unions stated that evidence led by them regarding safety, increased workload, insufficient training and potential health (including stress) problems should be seriously considered by the Commission in making any determination. The Unions stressed that regardless of the content of NRGGOS’s submission, the impact of the implementation of the “manning to workload” principle, as evidenced by the Order sought, would restrict operators in the taking of meal breaks, rest pauses and annual and long service leave. They requested the Commission to intervene on these issues and place “next to no restriction” on the number of operators who can be on leave at any one time. The Unions contended that tasks said by NRGGOS to have been removed from the Power Plant Controllers (PPC) were never the primary responsibilities of the PPC’s The Unions argued that a requirement that an operator operate between two and six units simultaneously is not a reasonable expectation and that NRGGOS failed to consider the stress that may occur. The Unions were also concerned that NRGGOS would not provide additional staff when required (malfunction of plant and equipment, etc.). The Unions submitted the importance of consistency and defined parameters and urged the Commission to require NRGGOS to identify basic operating procedures. Regarding workplace, health and Safety and training considerations, the Unions voiced their concerns regarding training and operator liability and queried the evidence of Heron on those matters. Also, the Unions submitted handovers and log books were an important part of safety and accountability and therefore should be maintained. The Unions submitted that there should be certainty and consistency in the proposed system of work and sought a minimum set of defined parameters and procedures to guide employees. The Unions referred the Commission to certain findings of the Royal Commission into the Esso Longford Gas Plant accident, in particular, the lack of “appropriate knowledge” provided to employees and the lack of “proper operating procedures” contributing to the occurrence. The Unions expressed concern regarding the potential liability of an employee in the event of a mistake or human error. They claimed that NRGGOS had done no further investigation of this matter in connection with the proposed changes and that they had wrongly implied to Bloomfield DP that they had. Union submissions regarding the Workplace, Health & Safety Act 1995 and Regulations are that they have only been raised in connection with concerns over their “certification in a prescribed occupation and their statutory or common law liabilities”. In summary the Unions submitted NRGGOS’s proposal for “manning to workload” should be refused for the above reasons and the status quo maintained. Decision Inspections The purpose of the inspection was to familiarise the Commission with the layout of the work site at GPS and in particular the control room. Both parties had ample opportunity to suggest areas and operations that the Commission should inspect and in fact did so. The Commission draws no inference from not having witnessed the control room operating in a manner proposed by the “manning to workload” system. Onus of Proof Both parties made submissions with respect to the onus or burden of proof and where it should fall with each predictably suggesting that the other bore responsibility. At the outset it must be said that NRGGOS and Union parties accepted the principal of “managerial prerogative”. That is to say that all parties accepted the fundamental right of an employer to operate its business (including the deployment of labour) without interference from Industrial Tribunals unless, in the submissions of NRGGOS “ the employer imposes unjust or unreasonable demands on employees” and in the submissions of the Unions such demands might include, inter alia unreasonable or unsafe mental and physical work demands, circumstances whereby employees cannot access paid leave and work break entitlements and demands which may cause an employee to be liable or responsible for problems arising from errors. Section 320(2)(a) states: “(2) In proceedings, the commission or Industrial magistrates Court –

(a) is not bound by technicalities, legal forms or rules of evidence; and (b) . . .”.

Each party was well aware of the assertions of the others and each party took the opportunity to present material both supporting their own contentions and challenging those of the other parties by way of sworn witness statements and written final submissions and in the case of NGRGOS oral evidence. Considering the above and s. 320, I am of the view that the burden of proof falls equally on both parties. That is, NRGGOS for its part had an obligation to show the Commission that the changes it seeks to implement are both just and reasonable and the Unions had similar obligations with respect to claims of injustice and unreasonableness. Union Witness Evidence The Unions took exception to the challenge to their witness evidence mounted by NRGGOS in their submissions. The Commission is of the view that the attack on the evidence of the Union witnesses is directed at the weight that should be given to that evidence by the Commission and is not a belated attempt to challenge the evidence presented. The Commission accepts that all of the evidence contained in exhibits 13 to 23 is unchallenged and it has been given appropriate consideration.



Safety of Employees There was no contradiction of the evidence of Heron that the “manning to workload” principle was in use in the remainder of GPS and in other Power Stations. The incident at Swanbank Power Station raised by the Unions whilst examining Heron occurred in 1987. Importantly, there were no injuries and from the best recollections of Heron an operator was reprimanded over the issue. In the Union submissions at page 26, they said that the Workplace, Health & Safety Act 1995 and Regulations have only ever been raised by operators regarding concerns over their certification in a prescribed occupation and statutory and common law liabilities. In the circumstances I have placed no weight on the “Crittall letters”. The evidence of Heron and Carlton has been relied on heavily by the Commission. The Commission was greatly influenced by Heron’s beliefs that numerous units could be operated safely by one operator. He was of the opinion that the risks at GPS are “well and truly controlled” and further that nothing in the Workplace, Health & Safety Act 1995 and Regulations prevented operators from controlling more than one boiler or turbine and could think of no issue that would prevent NRGGOS from implementing its proposed manning system. Considering the submissions and evidence, I find that the proposed changes are not likely to adversely impact on employee safety. This finding relates only to the risk of physical injury. I accept the submissions of the Unions that safety is not the sole test of whether the proposed changes are unjust or unreasonable. Health of Employees The submissions of the Unions and the evidence of witness Cary point to increased levels of pressure that operators would need to cope with whilst operating/monitoring a greater number of units. In his evidence Watts conceded that the job is at times stressful. Although Carlton described the job as critical, but not stressful, I accept the submissions of the Unions that the increase in the number of units to be managed will bring increased pressure on operators. The term “pressure” in this context, in my view, equates broadly to stress. Therefore I accept that greater stress would be placed upon operators as a result of the implementation of the “manning to workload” principle. However, working under more pressure or stress than one has had to traditionally endure does not, of itself, cause great concern for the Commission. The task for the Commission is in reality one of assessing, if possible, whether or not the increased pressure or stress on employees will cause the employees’ health to suffer. I tend to the view that employees will, by and large, cope with the changed workload. However, despite having considered arguments of all parties, I am unable to determine this issue with any confidence. It may be that employees cope with the changes without a problem or it may be that some or even all suffer in some way. Importantly, it seems that only experience gained by the passage of time will assist in answering this question. I note the NRGGOS’s undertakings regarding support and training for employees to ensure that as far as possible this is no adverse impact on employees. Liability of Employees In the evidence of the Unions there was a consistent concern that employees may be legally liable for the consequences of mistakes made by them and further, given the licensing requirements for these employees, they were concerned at the prospect of losing their license (and consequently their jobs) should mistakes be attributable to an individual or individuals. This concern has always existed, hence the agreement between NRGGOS and employees known as the “Operators Guarantee” with respect to support and protection of employees should such circumstances arise. It appears from the evidence that NRGGOS had done little, if anything, to examine the question of any possible increase in the risk of liability in the event of human error. The evidence of Heron is again helpful and should be of some reassurance to operators i.e. that nothing in the NRGGOS proposals contravenes the Workplace, Health and Safety Act 1995. Heron’s evidence is also helpful in that it reminds all parties that the question of “safety” that concerns the Commission is the health and safety of people not damage to equipment. NRGGOS has clearly, by its actions and words, accepted responsibility for the consequences of this change to the method of operation and barring a finding against an employee of wilful negligence, I can envisage no circumstances where an employee should suffer adverse consequences where the lawful instructions of NRGGOS have been carried out. Operating Procedures It is inevitable that disputes or differences of opinion will arise about what is or is not acceptable operating practice. These should be dealt with in accordance with the dispute settling procedure on an issue by issue basis. However, the Commission accepts the submissions of the Unions that a set of procedures be established by NRGGOS for the guidance of operators operating multiple units (if this has not already been completed, see evidence of Moran). Such procedure need not cover every possible combination of circumstances or “what ifs” as they are referred to by the QSU but should address the issues that those with experience in the industry can foresee. In this way future disputation may be minimised. Handovers The Commission accepts the view that handovers (the briefing of an operator assuming responsibility for a unit by the operator who, until the briefing, was responsible for the unit) are important and should continue. The Commission has considered the evidence and submissions, including references to the Longford Royal Commission and the evidence of Heron whose view was that handovers and log books were not all that relevant at GPS. However, in his evidence Moran indicated a desire to address the issue. Also in his evidence he stated that it was “not onerous and could be achieved in a relatively small amount of time”.

1686 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 I believe that knowledge of the history of the unit for which responsibility is being accepted is important and that accountability is also important. Therefore, it is the view of the Commission that shift handovers should continue and that the method of passing responsibility for and information regarding a unit between operators working on the same shift during a shift, should be addressed. The Commission also accepts that a log book recording the name of the operator responsible for a particular unit at a given time should be kept. Paid Leave and Breaks The Commission is not prepared to make an order that restricts or changes the method currently used to govern the taking of accumulated leave of the type sought by NRGGOS in their proposed order. NRGGOS should be well aware of its current and future leave obligations and must ensure that they are in a position to meet those obligations. Union submissions that there be “next to no” restrictions on the taking of accumulated leave are also rejected. I remind the parties of Moran’s evidence that all leave obligations would be met under the new system. Obviously the parties must work co-operatively to ensure, that where possible, accumulated leave is taken at a mutually convenient time. However, this decision will in no way displace existing agreements on the taking of leave. NRGGOS has clear obligations relating not only to access to paid leave, but to meal breaks and rest pauses also. These obligations must be met. Moreover an inability to accommodate reasonable requests for leave or breaks or to provide adequate personnel to perform functions whilst employees are on leave or breaks would, in the view of the Commission, not assist NRGGOS in any future determination or examination of staff numbers. Having considered all evidence and submissions I have determined that NRGGOS are free to implement the proposed “manning to workload” system and that there is to be no industrial action designed or intended to prevent or hinder the implementation by any effected employee or their Union representative. While the evidence of the various witnesses and submissions of the parties have been given by people experienced in the power generation industry and given due consideration by the Commission, it is quite possible that problems or issues, hitherto unforeseen, may arise following the changes. Whether there might be an impact on employees’ health, as a result of an increased workload, being a case in point. For this reason I am of the view that the recommendations of Bloomfield DP following the earlier dispute conferences represented a sensible approach to managing change. However, time has marched on, the matter has been determined by arbitration. None the less a high level of communication and consultation between the employees and NRGGOS is strongly recommended. It is further the view of the Commission that the parties should establish a timetable of regular meetings to enable problems relating to the changes to be both raised and, if possible, addressed. A period of at least six months after the implementation of the changes would seem reasonable for this. While this decision prevents industrial action over the implementation of the changes, this is not a blanket restriction preventing argument over staffing issues for all time. The Commission considers that both workload and staff numbers are legitimate areas for negotiation between the parties especially during future enterprise bargaining negotiations. However, the history of this matter is such that these issues have been dealt with separately. If, in the opinion of either party, there is a sustainable argument for a change to staffing levels in the future, the parties are free to put those arguments to each other and seek agreement. Failing agreement, the parties must at all times follow the dispute settling procedure contained in their certified agreement. It is the Commission’s position that the restriction on industrial action contained in this decision applies from the date of release of the decision to a date six months after the “manning to workload” principles have been implemented. The implementation date is to be determined by NRGGOS. D.K BROWN, Commissioner. Appearances: Mr G. Watts, with him Mr M. Moran and Ms J. Shaw, for NRG Gladstone Operating Services Pty Ltd. Mr. L. Casey for the Queensland Services, Industrial Union of Employees. Hearing Details: 2002 25 November 2003 3, 4 and 7 February 17 March (Written Submissions received)

Mr G. Betts for the Federated Engine Drivers’ and Firemens’ Association of Australasia Queensland Branch, Union of Employees. Mr E. Moorhead for the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland. Mr. J. Slowgrove for The Electrical Trades Union of Employees of Australia, Queensland Branch. Released: 2 April 2003

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Industrial Relations Act 1999 – s. 74 – application for reinstatement

Wayne Smith AND GSM (Operations) Pty Ltd (No. B687 of 2002)

COMMISSIONER THOMPSON 26 March 2003

REPORT ON DECISION (as edited)

In giving his decision from the Bench on 24 March 2003, Commissioner Thompson stated:



“In respect of this matter, the request made by Mr Dwyer is not one that is commonly faced by the Commission, but it is one that is allowable under the Industrial Relations Act 1999 (the Act) and, from time to time, does surface during the course of proceedings. There was no indication prior to the adjournment at lunch that such an application would be made, but I take on board that Mr Dwyer had the period of the lunch break to consider the position of the respondent, bearing in mind the evidence that was given this morning by Mr Smith. The application made by Mr Dwyer was to have the application in relation to the unfair dismissal of Mr Smith discontinued. Mr Dwyer in his argument referred to s. 329 of the Act which deals with the powers incidental to exercise jurisdiction and, in particular, subsection (b)(iv) were parties to be joined or struck out. The Commission itself also made some reference to that particular provision of the Act in relation to powers but I am not sure, having had a look at the Act, that that was necessarily the appropriate clause. In fact it’s my view that s. 331, which deals with the decisions and enforcement of the Commission, was more appropriate but that did not, in any way, detract from the application that was made by Mr Dwyer in terms of the content of that application. Mr Dwyer, in his submissions, went on to deal exclusively, in some respects, with the evidence given by the applicant, Mr Smith, this morning, in that he had refused a lawful and reasonable request to attend a meeting with Mr Casey, the CEO of the respondent company, and Mr Pollard who, on the evidence today, was regarded and accepted by Mr Smith as the ‘2IC’, to attend a meeting that was to be held on the morning of 9 April 2002, the request having been made by Mr Pollard following a meeting that was held the previous day on 8 April 2002, just prior to normal ceasing time and which was attended by the applicant, Mr Casey and Mr Pollard. The meeting of 8 April was held in the first instance as a result of a petition that had been submitted by work colleagues of the applicant in which they had drawn attention to, and made allegations of, alleged behaviour and conduct by the applicant that they indicated required attention by management. At the meeting on 8 April 2002, the applicant had been told that he would have to show cause as to why he should not have his employment terminated as a result of the petition that had been provided to the company in relation to his behaviour. The applicant was advised that a further meeting would be held on the morning of 9 April 2002 to commence at 9.00 a.m. and the applicant was invited to have a witness present with him. During the course of that meeting it was discussed with the applicant that he may wish to avail of the services of Ms Tina Scott who is a human resources management person employed by the respondent company. The applicant, in evidence, indicated that on 8 April 2002 he in effect sought to have Ms Scott attend the meeting on the morning of 9 April 2002, however she declined such an invitation indicating that she was unavailable. At paragraph 15 of the applicant’s affidavit of evidence he stated, and I quote,

‘When I arrived at work the next morning I asked my supervisor Steve Brown to tell Pollard and Casey that I did not intend to attend any meeting with them on that morning. I then went ahead with my normal duties. Steve told me that he did not know what was going on. I did say to Steve that what was happening was wrong and that I would go to the media about it.’.

That paragraph refers to the meeting of 9 April 2002. At paragraph 16 of the applicant’s affidavit he said the following:

‘At about 9.15 a.m. John Pollard came to where I was working. He asked me whether I was coming to the meeting. I told him that I wasn’t. I said that nothing in the document he had given me was true and that I did not wish to have anything to do with it. Pollard said to me that this was a serious matter and if I didn’t attend the meeting I could be sacked. I told Pollard that if he sacked me we would be going to Court. I told him that I just wanted to do my job. Apart from what was in the document which was an issue of lies Pollard did not tell me that any staff member had made any particular allegation of misconduct against me.’.

The evidence given by Mr Smith today in cross-examination was that the applicant refused Mr Pollard’s direction and believed that in doing so he would be sacked if he went or he would be sacked if he chose not to go, and on that basis he failed to comply with the direction given by Mr Pollard. For the Commission to consider the application of Mr Dwyer, it was necessary, at this time, to look at the evidence of the applicant in this matter. The applicant himself was to be, in this particular application, the only witness, and the evidence that he gave during the course of the proceedings to date was that he refused the direction given by Mr Pollard and discussed at the meeting on 8 April 2002 the night before, knowing that this would most likely lead to his termination. There is, in my view, no further evidence that can be adduced in this matter from the witnesses of the respondent, which are the only witnesses left to give evidence, that could in any way change the evidence of the applicant in that he refused on his own admission to obey a lawful and reasonable direction. To consider seriously Mr Dwyer’s application, it is necessary for the Commission to form a view as to the lawfulness and the reasonableness of the direction given by Mr Pollard, the ‘2IC’ of the company, on 9 April 2002 and made known by Mr Casey, the CEO, at the meeting the previous day that the applicant would have to attend the meeting on 9 April 2002 at 9.00 a.m. The company had been involved in the investigation of complaints that had been levelled against the applicant and the applicant’s previous work record in which he had been (and acknowledged today during the course of evidence) given warnings in relation to his behaviour was, in the view of the Commission, reasonable grounds for the applicant to be directed to attend the meeting that was to be held on 9 April 2002. It is acknowledged that the applicant did indicate, in respect of a written warning, that he had been provided with that he signed the acceptance of that particular warning under duress but it was clear from the evidence today of the applicant that there were other verbal warnings given over a period of time. The applicant was fully aware that the refusal of the direction given by Mr Pollard on that morning had the possibility and the consequence to lead to his termination and, in the view of the Commission, the respondent was left with only two options once the applicant refused to attend the meeting as directed. Those options were for the applicant to have his employment terminated or for the employer to abandon, in this case and maybe forever, the ability to manage the applicant in an accepted employer/employee relationship.


It is the view of the Commission that the applicant, in refusing to obey what I believe to be a lawful and reasonable direction, repudiated his contract of employment. Referred to a little earlier by myself was s. 331 of the Act and, in particular, I wish to draw to the attention of the parties clause (b) – and I quote:

‘The Court or Commission may, in an industrial cause –

(b) dismiss the cause, or refrain from hearing, further hearing, or deciding the cause, if the Court or Commission considers –

(i) the cause is trivial; or (ii) further proceedings by the Court or Commission are not necessary or desirable in the public interest.’.

As stated earlier, the Commission believes that, irrespective of the evidence that could be adduced from the respondent’s witnesses, nothing they can do could alter the admission that was made in evidence today by the applicant that he failed to obey a lawful direction and that he was aware of the consequences when he so failed to obey that direction. The reason given by the applicant for such a failure is not accepted by the Commission as a legitimate, sufficient or reasonable excuse for failing to carry out a lawful direction. In respect of further proceedings the respondent, in the view of the Commission, could well be put, and would be put, to significant cost if the matter was to proceed, those being the costs that they would be required to pay for their representative and also the witnesses’ expenses in this matter when, on the evidence of the applicant and the applicant being the only witness in support of the applicant’s case, the grounds for termination in the view of the Commission have been justified and in the view of the Commission could not be, under the Act, considered as unjust or unreasonable. In addressing the public interest argument the expenditure of public funds through allowing the Commission to continue to hear the matter, and also costs that would be associated with the reporting of the matter, are not warranted under the circumstances when, on the evidence of the applicant himself, the Commission would have little or no option but to find in favour of the employer as stated earlier. It is on that basis that the Commission decides that it will refrain from further hearings in this matter. In relation to s. 331(c) of the Act, it also deals with the costs in relation to this and I will just read into the record:

‘The Court or Commission may in an Industrial Court order a party to the cause to pay another party’s expenses including witness expenses it considers appropriate.’.

In respect of costs, the Commission is not about to make an order in respect of costs based on what’s been before the Commission today. However, should the respondent wish to file an application, which is their right, then that matter will be dealt with by the Commission during the course of that application at a time and a date to be fixed. So, on that basis, unfortunately for Mr Smith, the application by Mr Dwyer is granted and this matter will be discontinued.”.

Dated this twenty-sixth day of March, 2003. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Hearing Details 2003 11 and 24 March

Appearances: Mr W. Smith, Applicant. Mr J. Dwyer of Queensland Chamber of Commerce and Industry Limited, Industrial Organisationof Employers, for the Respondent. Released: 26 March 2003

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Industrial Relations Act 1999 – s. 74 – application for reinstatement

Transport Workers’ Union of Australia, Union of Employees (Queensland Branch) AND Sita Queensland Pty Ltd T/A Coachtrans Australia (Nos. W232, W233 and W234 of 2001)

COMMISSIONER THOMPSON 26 March 2003

REPORT ON DECISION (as edited)

In giving his decision from the Bench on 20 March 2003, Commissioner Thompson stated:

“I have had a very limited time, as the parties could imagine, to have a look at this matter, an application by the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers (QCCI) seeking intervention in this matter based upon s. 322(2) of the Industrial Relations Act 1999 which allows for a State peak council to intervene in proceedings before the Commission if any of its members has a sufficient interest in the proceedings. I think, in terms of that particular clause, it relates to the proceedings as much as it does to the State peak council. Mr Heather put forward arguments that the QCCI was a peak council and that the organisation, for which Mr Patch is the president or the chairperson, is also a peak council within its own industry. The Act provides no specific definition of a peak council that has been able to be of benefit to the Commission in the determination as to whether intervention ought to be granted or not be granted. Bearing in mind that the primary ground upon which intervention has been sought by Mr Heather, in my view, appears to be on the grounds that the organisation for which he is an officer is, in fact, a peak council. I have therefore been forced to seek to see if there is some precedent or authority that existed within the Commission that may have been of assistance in respect of this matter. I draw the parties’ attention to two (2) matters that were before a Full Bench made up of President Hall, Commissioner Fisher and Commissioner Asbury, with a decision being released on 15 February 2002. The matters were CA323 of 2001 and CA357 of 2001. In relation to CA323 of 2001, the peak council was The Australian Workers’ Union of Employees, Queensland (AWU) and Skills Training Mackay and in relation to CA357 of 2001 the peak council was The Electrical Trades Union of Employees of Australia, Queensland Branch (ETU) and North Power, and they dealt with certified agreements that were being sought to be certified by the Commission.



At page 9 of that decision, the following comment was made by the Full Bench:

‘Although the applications were not joined they were heard contemporaneously. The Queensland Council of Unions (QCU) sought and was granted leave to intervene in both applications, as a peak council, pursuant to s. 322(2) of the Queensland Act, and became a party to proceedings by virtue of s. 322(3). The Australian Sugar Milling Association, Queensland Branch, Union of Employers (ASMA), Australian Mines and Metals Association (Incorporated) Queensland Branch (AMMA), the Local Government Association of Queensland (Incorporated) (LGA), and the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers (QCCI) were granted leave to be heard on both applications pursuant to s. 329(b)(v) of the Queensland Act. The ETU was granted leave to be heard under that section on the Skills Training Agreement, and AWU on the North Power Agreement.’.

This decision of the Full Bench, and the section which I have quoted, has led the Commission, to place an interpretation upon that decision, in that it is clear and unambiguous that the QCU was granted, in those particular matters, the right to appear as a State peak council where all of those other organisations, including the QCCI, were granted leave to intervene under s. 329(b)(v) of the Act. The decision clearly indicates that the intervention rights in that particular matter by the QCCI were those granted not as a peak council but under the other section [s. 329] of the Act that I referred to earlier. I am not certain as I said whether the QCCI in that matter sought to intervene as a peak council, but I do indicate that my interpretation of the decision is that they were not granted leave as a peak council to intervene in that matter. That then takes the Commission to s. 329 of the Act where the Commission is of the view that there does exist a discretion in which the Commission can, under certain circumstances, allow parties to intervene. Section 329 ‘Powers Incidental to the Exercise of Jurisdiction” of the Act states:

‘329 Except as otherwise prescribed by this Act or the rules, the court, commission and registrar may –

(a) at or before a hearing, take steps to find out whether all persons who ought to be bound by a decision to be made in proceedings have been called to attend or given notice of, the proceedings; and

(b) direct, for proceedings –

(i) who the parties to the proceedings are; and (ii) by whom the parties may be represented; and (iii) persons to be called to attend the proceedings, if they have not been called and it appears they should attend the proceedings; and (iv) parties to be joined or struck out; and (v) who may be heard and on what conditions. . .’.

I think, in terms of my decision in respect of this matter, I am placing a significant amount of my decision based upon the word ‘bound’ and the persons that are to be bound by this particular decision. Mr Heather dealt also with s. 320 of the Act, which is the basis upon which the Commission and Magistrates form their decisions. Section 320(2) and (3) of the Act states:

‘(2) In proceedings, the commission or Industrial Magistrates Court –

(a) is not bound by technicalities, legal forms or rules of evidence; and (b) may inform itself on a matter it considers appropriate in the exercise of its jurisdiction.

(3) Also, the commission or Industrial Magistrates Court is to be governed in its decisions by equity, good conscience and the substantial

merits of the case having regard to the interests of –

(a) the persons immediately concerned; and (b) the community as a whole.’.

Having considered each of those particular sections of the Act to which I have made reference, and the decision that I refer to from the Full Bench of President Hall and Commissioners Fisher and Asbury, I do not accept that the QCCI as they seek leave to appear in this matter are, in effect, a peak council. That is not to say there is not some question that could not be answered at another time or another place in terms of whether or not the QCCI in different circumstances are, and can be, regarded as the peak council. I certainly do not believe that any such question mark exists over the organisation represented by Mr Patch that, in any way, shape or form, could be regarded as a peak council. Therefore in respect of the application under s. 322 of the Act, I do not intend to grant intervention. In respect of s. 329 of the Act, I am of the view that it is quite clear and precise that the only persons that are likely and can be bound by the decision in respect of this application before the Commission are those parties that are parties to the application, being the applicant and the respondent. Furthermore, I believe that in the strictest sense, and on that basis it would not be my intention to believe that there are any grounds under s. 329 that would allow me to exercise the powers of discretion in a way that I feel comfortable with. In relation to s. 320(2) of the Act that the Commission or Industrial Magistrates Court is not bound by technicalities, legal forms or rules of evidence and it may inform itself on a matter it considers appropriate in the exercise of its jurisdiction, clearly the Commission is very conscious of the fact that it has a certain amount of flexibility in terms of dealing with evidence and when I looked at s. 320 of the Act, I then had to not only look at s. 320(2)(a) and (b) that I have just made reference to, but also s. 320(3) where it is indicated that the Commission is to be governed in its decisions by equity, good conscience and substantial merits of the case, having regards for the interests of (a) the persons immediately concerned; and (b) the community as a whole. It is my strong view that the persons immediately concerned in respect of this matter are, the applicant and the respondent, and in relation to s. 320(3)(b) the community as a whole, I cannot accept the argument put forward in terms that the potential decision arising from this application before the Commission could affect the community as a whole by leading to increases in costs of public transport across the State in relation to bus travel.


I would have thought on the comments made by Mr Prior in his objection to the intervention, that this matter clearly deals with one particular company and three (3) former employees. Mr Prior made reference to the award review process, whilst I am not across that process he indicated that, within only weeks, this matter may be, in fact, through a model clause, not the issue it is today. I do not know whether or not that is correct and I have not taken that into account in determining the application for intervention in this matter as sought by the QCCI. I believe that the arguments were put forward by Mr Heather were put in a professional way and that he sought to be of assistance to the organisation that he represented, and also the Commission. The application for intervention is refused.”.

Dated 26 March 2003. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Hearing Details 2003 20 March

Appearances: Mr O. Heather of Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers. Mr D. Prior of Transport Workers’ Union of Australia, Union of Employees (Queensland Branch),Applicant. Mr G. Power of Australian Industry Group, Industrial Organisation of Employers (Queensland), for the Respondent. Released: 26 March 2003

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QUEENSLAND INDUSTRIAL REGISTRAR

Industrial Relations Act 1999 – s. 482 – arrangement for conduct of elections

Queensland Nurses’ Union of Employees (No. Q7 of 2003)

REGISTRAR EWALD 31 March 2003

Conduct of Election – Branch Elections – New Branches – Electoral Commission to Conduct Election.

DECISION On 19 March 2003, the Queensland Nurses’ Union of Employees lodged in the Registry under section 481 of the Industrial Relations Act 1999, the information as prescribed in section 36(1) of the Industrial Relations Regulation 2000 and supporting material in relation to its request for the conduct of an election by the Electoral Commission for each of the new branches of the Industrial Organisation as listed on Schedule “A” for the following positions:– Office Number Branch President 1 Branch Vice President......................................................................................................................................1 Branch Secretary 1 Branch Assistant Secretary ..............................................................................................................................1 Branch Delegate to the Committee of Regional Delegates................................................. } As Listed Branch Alternate Delegate to the Committee of Regional Delegates................................. } on Schedule “A” Reasons for Election In its supporting material, the Industrial Organisation has advised that the new Branches, as listed on Schedule “A” hereto have been set up with “the approval of Council” in accordance with Rule 43(a). The number of delegates for each Branch is apportioned in accordance with the scale of delegates set out in Rule 44 based upon the number of financial members of each branch. Each branch consists of office positions of Branch President, Branch Vice President, Branch Secretary, Branch Assistant Secretary, and the number determined in Rule 44 for Branch Delegates to the Committee of Regional Delegates and Branch Alternate Delegates to the Committee of Regional Delegates. The numbers of delegates and alternate delegates to be elected for each Branch are listed on Schedule “A”. Method of Voting I am satisfied that the method of voting is by a direct voting system by way of a secret postal ballot. Conduct of Elections I have considered the request, supporting material, the Act and Rules, and I am satisfied that an election is required to be held under the rules for each of the above positions of Office for each of the new Branches listed on Schedule “A” for the Industrial Organisation. Under section 482 of the Industrial Relations Act 1999, I am making arrangements for the conduct of the election by the Electoral Commission of Queensland. Dated 31 March 2003.

E. EWALD, Industrial Registrar.



Schedule “A” Branches Number of Delegates Number of Alternate Delegates Brassal Village ..................................................................................................................... 1.......................................................1 Brookfield Village ............................................................................................................... 1.......................................................1 Charters Towers Integrated Mental Health Service ............................................................ 1.......................................................1 Cooktown ................................................................................................................. 1.......................................................1 De Paul Villa ........................................................................................................................ 1.......................................................1 Elanora Blue Care ................................................................................................................ 1.......................................................1 Gold Coast Public Integrated Mental Health Services ........................................................ 2.......................................................2 Gympie Public Sector .......................................................................................................... 2.......................................................2 Millmerran Hospital............................................................................................................. 1.......................................................1 Nowlanvil Aged Care .......................................................................................................... 2.......................................................2 Rangeview Nursing Home................................................................................................... 1.......................................................1 Redland Hospital and Bayside Mental Health Services ...................................................... 3.......................................................3 Robina Hospital.................................................................................................................... 3.......................................................3 Sinnamon Village Aged Care .............................................................................................. 2.......................................................2 St Andrews Private Toowoomba ......................................................................................... 3.......................................................3 The Palms Nursing Home Ingham ...................................................................................... 1.......................................................1 Torres and Northern Peninsula Area ................................................................................... 2.......................................................2 Released: 31 March 2003 ###########################################################################################################################

QUEENSLAND INDUSTRIAL REGISTRAR

Industrial Relations Act 1999 s. 482– arrangement for conduct of elections

Queensland Master Hairdressers’ Industrial Union of Employers (No. Q9 of 2003)

REGISTRAR EWALD 31 March 2003

Conduct of Election – Prescribed Information – Reason for Election – Electoral Commission to Conduct Election.

DECISION

On 31 March 2003 the Queensland Master Hairdressers’ Industrial Union of Employers lodged in the Registry under section 481 of the Industrial Relations Act 1999, the information as prescribed in section 36 of the Industrial Relations Regulation 2000 in relation to the conduct of an election by the Electoral Commission of Queensland for the following positions of office:– Office Number of Positions Honorary President ....................................................................................................................................................................................1 Honorary Vice-president............................................................................................................................................................................1 Honorary Treasurer ....................................................................................................................................................................................1 Honorary Secretary ....................................................................................................................................................................................1 Ordinary Member of Committee ...............................................................................................................................................................4 Trustee........................................................................................................................................................................................................1 Reason for Election The Industrial Organisation advises that the annual term of office has expired. Timing of Election All members of the committee shall retire annually and the Returning Officer is appointed not less than twenty-eight days before the date of the Annual General Meeting. The Annual General Meeting has been set for 20 May 2003. Method of Elections I am satisfied that the election is a direct voting system by way of a secret postal ballot of financial members. The Industrial Organisation has adopted the Model Election Rules. Conduct of Elections I have considered the request, the Act and Rules, and I am satisfied that an election is required to be held for the positions of office set out above. Under section 482 of the Industrial Relations Act 1999, I am making arrangements for the conduct of the election for the above positions of the Queensland Master Hairdressers’ Industrial Union of Employers. Dated this thirty-first day of March, 2003. E. EWALD, Registrar Decision – Conduct of Election Released: 31 March 2003



Industrial Relations Act 1999 – s. 69 – continuity of service – transfer of calling

Malanda Dairyfoods Ltd t/a Dairy Farmers AND The Australian Workers’ Union of Employees, Queensland and Another (No. B370 of 2003)

DAIRY FARMERS (EXCLUDING SOUTH-EAST QUEENSLAND) CERTIFIED AGREEMENT 2000

CARTING TRADE AWARD – NORTHERN AND MACKAY DIVISION

DEPUTY PRESIDENT SWAN 27 March 2003

ORDER

THIS matter coming on for hearing before the Commission at Brisbane on 20 March 2003, this Commission orders as follows as from 20 March 2003:

“Malanda Dairyfoods Ltd T/A Dairy Farmers is exempted from any requirement which may otherwise exist under Confidential Exhibit No. 2 of the Dairy Farmers (Excluding South-East Queensland ) Certified Agreement 2000 and clause 19A of the Carting Trade Award – Northern and Mackay Divisions, to make redundancy or severance payments to any employee whose employment may come to an end in circumstances where the employee has been offered and accepted employment with Kwik Kold Pty Ltd following the decision by Dairy Farmers to outsource the bulk milk carting component of its operations.

This order will have no application to any subsequent decision by Malanda Dairyfoods Ltd to terminate the employment of any employee by reason of redundancy.

This order shall come into operation from 20 March 2003.”. Dated 27 March 2003. By the Commission, Operative Date: 20 March 2003 [L.S] E. EWALD, Industrial Registrar.

Order – Exemption Released: 27 March 2003

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Industrial Relations Act 1999

STOREWORKERS AND PACKERS’ AWARD – NORTHERN AND MACKAY DIVISION 2003

(Gazette 7 February 2003)

(AR188 of 2002)

DEPUTY PRESIDENT SWAN COMMISSIONERS EDWARDS AND BECHLY 25 March 2003

AWARD REVIEW (Correction of Error)

WHEREAS an error occurred in the Award as published in the Queensland Government Industrial Gazette of 7 February 2003, Vol. 172, No. 6, pages 832-856, the following correction is made to be effective as from 17 February 2003: 1. By deleting from clause 4.3.4 the figure “40” and inserting the figure “38” in lieu thereof. 2. By deleting from clause 5.4.1(b) the figure of “75” appearing opposite “20 and under 21 years of age” and inserting the figure “85” in lieu thereof.

Dated 24 March 2003. E. EWALD, Registrar. ###########################################################################################################################

QUEENSLAND INDUSTRIAL RELATIONS COMMISSON

Industrial Relations Act 1999 – s. 130 – award review

AERATED WATER FACTORIES’ INDUSTRY AWARD – STATE

(No.AR34 of 2002)


AWARD REVIEW

After reviewing the above Award as required by s. 130 of the Industrial Relations Act 1999, this Commission orders that the Award be repealed and the following Award be made, as from 12 May 2003.



AERATED WATER FACTORIES INDUSTRY AWARD – STATE 2003 PART 1 – APPLICATION AND OPERATION 1.1 Title This Award is known as the Aerated Water Factories’ Industry Award – State 2003. 1.2 Arrangement Subject Matter Clause No. PART 1 – APPLICATION AND OPERATION Title ................................................................................................................................................................................................................................... 1.1 Arrangement...................................................................................................................................................................................................................... 1.2 Date of operation............................................................................................................................................................................................................... 1.3 Coverage ........................................................................................................................................................................................................................... 1.4 Definitions......................................................................................................................................................................................................................... 1.5 Area of operation .............................................................................................................................................................................................................. 1.6 Parties bound..................................................................................................................................................................................................................... 1.7 PART 2 – FLEXIBILITY Enterprise flexibility ..........................................................................................................................................................................................................2.1 PART 3 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION Grievance and dispute settling procedure......................................................................................................................................................................... 3.1 PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Contract of employment ................................................................................................................................................................................................... 4.1 Part-time employment....................................................................................................................................................................................................... 4.2 Casual employment........................................................................................................................................................................................................... 4.3 Juniors ............................................................................................................................................................................................................................... 4.4 Trainees ............................................................................................................................................................................................................................. 4.5 Two or more classes of work............................................................................................................................................................................................ 4.6 Incidental and peripheral tasks ......................................................................................................................................................................................... 4.7 Anti-discrimination ........................................................................................................................................................................................................... 4.8 Termination of employment ............................................................................................................................................................................................. 4.9 Introduction of changes..................................................................................................................................................................................................... 4.10 Redundancy....................................................................................................................................................................................................................... 4.11 Continuity of service – transfer of calling ........................................................................................................................................................................ 4.12 PART 5 – WAGES AND WAGE RELATED MATTERS Definitions of classifications .............................................................................................................................................................................................5.1 Wage rates..........................................................................................................................................................................................................................5.2 Payment of wages ..............................................................................................................................................................................................................5.3 Allowances.........................................................................................................................................................................................................................5.4 Superannuation...................................................................................................................................................................................................................5.5 PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK Hours of work ................................................................................................................................................................................................................... 6.1 Working of a 38 hour week .............................................................................................................................................................................................. 6.2 38 hour week – procedures for enterprise level discussions ............................................................................................................................................ 6.3 Meal breaks ....................................................................................................................................................................................................................... 6.4 Rest pauses ........................................................................................................................................................................................................................ 6.5 Boiling water to be provided ............................................................................................................................................................................................ 6.6 Shift work.......................................................................................................................................................................................................................... 6.7 Facilitative provisions procedure...................................................................................................................................................................................... 6.8 Overtime............................................................................................................................................................................................................................ 6.9

PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Annual leave ..................................................................................................................................................................................................................... 7.1 Sick leave .......................................................................................................................................................................................................................... 7.2 Absenteeism control measures.......................................................................................................................................................................................... 7.3 Bereavement leave ............................................................................................................................................................................................................ 7.4 Long service leave ............................................................................................................................................................................................................ 7.5 Family leave...................................................................................................................................................................................................................... 7.6 Donor leave ....................................................................................................................................................................................................................... 7.7 Jury service ....................................................................................................................................................................................................................... 7.8 Public holidays.................................................................................................................................................................................................................. 7.9 PART 8 –TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK No provisions inserted in this Award relevant to this Part.

1694 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 Subject Matter Clause No. PART 9 – TRAINING AND RELATED MATTERS Training program ...............................................................................................................................................................................................................9.1 PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES Clothing, equipment and tools .......................................................................................................................................................................................... 10.1 Waterproof clothing .......................................................................................................................................................................................................... 10.2 Wet weather ...................................................................................................................................................................................................................... 10.3 Occupational health and safety ......................................................................................................................................................................................... 10.4 First aid.............................................................................................................................................................................................................................. 10.5 PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Right of entry .................................................................................................................................................................................................................... 11.1 Time and wages records ................................................................................................................................................................................................... 11.2 Union encouragement ....................................................................................................................................................................................................... 11.3 Posting of award ............................................................................................................................................................................................................... 11.4 Provision of payroll deductions ........................................................................................................................................................................................ 11.5 1.3 Date of operation This Award takes effect from 12 May 2003. 1.4 Coverage This Award applies to all employers and their employees engaged in or in connection with aerated water, other soft drink, cordial, fruit juice, fruit juice drink, ginger-beer, hop beer, or other brewed non-alcoholic drink factories throughout the State of Queensland. As to the employers named in the Schedule to this Award the provisions of the Award are modified in accordance with the requirements of the individual orders listed in such Schedule. 1.5 Definitions 1.5.1 The “Act” means the Industrial Relations Act 1999 as amended or replaced from time to time. 1.5.2 An “aerated water, other soft drink, cordial, fruit juice, fruit juice drink, ginger-beer, hop beer, or other brewed non-alcoholic drink factory”

means any store, cellar, or place where aerated waters, other soft drinks, cordials, fruit juices, fruit juice drinks, ginger-beer, hop beer, or other brewed non-alcoholic drinks are manufactured, bottled, sorted, distributed, stored, or prepared for sale.

1.5.3 “Commission” means the Queensland Industrial Relations Commission. 1.5.4 “Junior” means an employee under the age of 18 years. 1.5.5 “Routine in-line testing” means product tests of a routine and/or simple nature as prescribed by the employer, which are performed by an

employee in the course of or in addition to other duties pursuant to classification 4 in Part A or classification 2 in Part B of clause 5.2.1. These product test duties shall not involve persons under the control of the quality control section or in the laboratory.

1.5.6 “Union” means The Australian Workers’ Union of Employees, Queensland. 1.6 Area of operation For the purposes of this Award the following Divisions apply: 1.6.1 Divisions Northern Division – That portion of the State north of a line commencing at the junction of the 21st parallel of latitude due west to the 147th degree of east longitude; then by that meridian of east longitude due south to 22 degrees 30 minutes of south latitude; then by that parallel of latitude due west to the western border of the State, including all islands north of the 21st parallel of south latitude which are within the State of Queensland. Mackay Division – That portion of the State within the following boundaries: Commencing at the junction of the sea-coast with the 21st parallel of south latitude; then by that parallel of latitude due west to 147 degrees of east longitude; then by that meridian of longitude due south to 22 degrees of south latitude; then by that parallel of latitude due east to the sea-coast; then by the sea-coast northerly to the point of commencement; and including all islands situated between the 21st and 22nd parallels of south latitude and within the State of Queensland. Southern Division – That portion of the State not included in the Northern or Mackay Divisions and excluding that area within the following boundaries: Commencing at Point Danger, and bounded then by the southern boundary of the State westerly to 151 degrees of east longitude; then by that meridian of longitude bearing true north to 24 degrees 30 minutes of south latitude; then by that parallel of latitude bearing true east to the sea-coast; and then by the sea-coast southerly to the point of commencement and all islands situated south of 24 degrees 30 minutes of south latitude and within the State of Queensland. 1.6.2 Districts

(a) Northern Division –

Eastern District – That portion of the above area along or east of 144 degrees 30 minutes of east longitude.

Western District – That portion of the above area west of 144 degrees 30 minutes of east longitude, including Thursday Island.



(b) Southern Division –

Eastern District – That portion of the Southern Division along or east of a line commencing at the junction of the southern border of the State with 150 degrees of east longitude; then by that meridian of longitude due north to 25 degrees of south latitude; then by that parallel of latitude due west to 147 degrees of east longitude; then by that meridian of longitude due north to the southern boundary of the Mackay Division. Western District – The remainder of the Southern Division.

1.7 Parties bound This Award is legally binding upon the employees as prescribed by clause 1.4 and their employers, and the Union. PART 2 – FLEXIBILITY 2.1 Enterprise flexibility 2.1.1 As part of a process of improvement in productivity and efficiency, discussion should take place at each enterprise to provide more flexible

working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction and to encourage consultative mechanisms across the workplace.

2.1.2 The consultative processes established in an enterprise in accordance with clause 2.1 may provide an appropriate mechanism for consideration of

matters relevant to clause 2.1.1. Union delegates at the place of work may be involved in such discussions. 2.1.3 Any proposed genuine agreement reached between an employer and employee/s in an enterprise is contingent upon the agreement being

submitted to the Commission in accordance with Chapter 6 of the Act and is to have no force or effect until approval is given. PART 3 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 3.1 Grievance and dispute settling procedure The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and an employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees. 3.1.1 In the event of an employee having a grievance or dispute, the employee shall in the first instance attempt to resolve the matter with the

immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.

3.1.2 If the grievance or dispute is not resolved under clause 3.1.1, the employee or the employee’s representative may refer the matter to the next

higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee’s representative.

3.1.3 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by

reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.5.

3.1.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 3.1.2, the matter shall, in the case of a member of the Union, be

reported to the relevant officer of the Union and the senior management of the employer or the employer’s nominated industrial representative. An employee who is not a member of the Union may report the grievance or dispute to senior management or the nominated industrial representative. This should occur as soon as it is evident that discussions under clause 3.1.2 will not result in resolution of the dispute.

3.1.5 If, after discussion between the parties, or their nominees mentioned in clause 3.1.4, the dispute remains unresolved after the parties have

genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given in accordance with the provisions of the Act.

3.1.6 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue. 3.1.7 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. 3.1.8 All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by the Commission with a

view to the prompt settlement of the dispute. 3.1.9 Any Order or Decision of the Commission (subject to the parties right of appeal under the Act) will be final and binding on all parties to the

dispute. 3.1.10 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such

complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of the Act.

PART 4 – EMPLOYER AND EMPLOYEES’DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 4.1 Contract of employment 4.1.1 Employees (other than casuals) covered by this Award shall be advised of their employment category upon appointment.

Employment categories are:

(a) full-time;

(b) part-time (as prescribed in clause 4.2); and

(c) casual (as prescribed in clause 4.3).

1696 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 4.2 Part-time employment Part-time employees may be engaged on the following terms: 4.2.1 A part-time employee means a weekly employee who is engaged to work on pre-determined days of the week for a regular number of hours,

being more than 16 but less than 32 hours per week. Except as hereinafter provided, all conditions provided for weekly full-time employees shall apply to part-time employees.

4.2.2 Part-time employees shall be paid an hourly rate equal to 1/38th of the weekly rate prescribed in clause 5.2 for the classification under which they

are engaged. 4.2.3 A part-time employee who works in excess of the ordinary daily or weekly hours prescribed in the contract of employment shall be paid overtime

in accordance with clause 6.9 (Overtime). 4.2.4 Part-time employees shall be entitled to receive pro rata entitlements to annual leave, sick leave, bereavement leave, and long service leave, in

accordance with the provisions contained in this Award. 4.2.5 Part-time employees shall be entitled to receive payment for ordinary hours they would have otherwise worked on any public holiday on which

they would have been ordinarily rostered for duty. 4.3 Casual employment 4.3.1 “Casual employee” means an employee engaged for a period less than one week. 4.3.2 Casual employees shall be paid 25% per hour in addition to the rates set out in clause 5.2 for the class of work performed. 4.3.3 Casual employees on coming to work shall be provided with 3 hours’ work, or if not provided with work, shall be paid for 3 hours. 4.4 Juniors 4.4.1 The proportion of Junior employees employed by any one employer shall not exceed 2 to every one or 2 seniors and one additional Junior to

every senior over the first 2 seniors employed:

Provided that any one employer shall be entitled to employ one Junior:

Provided further that any working employer shall be deemed to be a senior for the purpose of clause 4.4. 4.5 Trainees Trainees are engaged under this Award, except as amended from time to time by the Order for Apprentices’ and Trainees’ Wages and Conditions (Excluding Certain Queensland Government Entities). 4.6 Two or more classes of work Where any person on any one day performs 2 or more classes of work to which a differential rate fixed by any Award is applicable, such person, if employed for more than 4 hours on the class or classes of work carrying a higher rate, shall be paid in respect of the whole time during which the employee works on that day at the same rate, which shall be at the highest rate fixed by this Award in respect of any of such classes of work, and if employed for 4 hours or less on the class or classes of work which carry a higher rate, the employee shall be paid for such highest rate for 4 hours. 4.7 Incidental and peripheral tasks 4.7.1 Employees shall perform work as required by the employer provided that such work is reasonably within that employee’s limits of such skills,

competence and training:

Provided further that employees shall use tools and equipment as required by the employer subject to appropriate training having been given. 4.7.2 Any direction issued by the employer pursuant to clause 4.7.1 shall be consistent with the employer’s responsibility to provide a safe and healthy

working environment. 4.8 Anti-discrimination 4.8.1 It is the intention of the parties to this Award to prevent and eliminate discrimination as defined by the Anti-Discrimination Act 1991 and the

Industrial Relations Act 1999 which includes: (a) discrimination on the basis of sex, marital status, family responsibilities, pregnancy, parental status, age, race, impairment, religion, political

belief or activity, trade union activity, lawful sexual activity and association with, or relation to, a person identified on the basis of the above attributes;

(b) sexual harassment; and (c) racial and religious vilification.

4.8.2 Accordingly, in fulfilling their obligations under the grievance and dispute settling procedure in clause 3.1, the parties to this Award must take

reasonable steps to ensure that neither the Award provisions nor their operation are directly or indirectly discriminatory in their effects. 4.8.3 Under the Anti-Discrimination Act 1991 it is unlawful to victimise an employee because the employee has made or may make or has been

involved in a complaint of unlawful discrimination or harassment. 4.8.4 Nothing in clause 4.8 is to be taken to affect:

(a) any different treatment (or treatment having different outcomes) which is specifically exempted under the Anti-Discrimination Act 1991; or (b) an employee, employer or registered organisation, pursuing matters of discrimination, including by application to the Human Rights and

Equal Opportunity Commission/Anti-Discrimination Commission Queensland.



4.9 Termination of employment 4.9.1 Termination by employer

(a) In order to terminate the employment of an employee the employer shall give the following notice:

Period of Continuous Service Period of Notice

not more than 1 year...............................................................................................1 week more than 1 year, but not more than 3 years..........................................................2 weeks more than 3 years, but not more than 5 years ........................................................3 weeks more than 5 years ...................................................................................................4 weeks

(b) In addition to the notice in clause 4.8.1(a), employees over 45 years of age at the time of giving of notice and with not less than 2 years

continuous service, shall be entitled to an additional week’s notice. (c) Payment in lieu of notice shall be made if the appropriate notice is not given:

Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. (d) In calculating any payment in lieu of notice the ordinary time rate of pay for the employee concerned shall be used. (e) The period of notice in clause 4.8.1(a) shall not apply in the case of dismissal for misconduct or other grounds that justified instant dismissal,

or in the case of casual, or seasonal employees, or to employees on daily hire, or employees engaged for a specific period of time or for a specific task or tasks.

4.9.2 Notice of termination by employee An employee on leaving shall give 2 days’ notice or forfeit 2 days’ pay in lieu of notice: Provided that the 2 days’ notice shall not be continued from day to day after the first 2 days and shall not be counted as annual leave. 4.10 Introduction of changes 4.10.1 Employer’s duty to notify

(a) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and their Union.

(b) “Significant effects” include termination of employment, major changes in the composition, operation or size of the employers workforce or

in the skills required; the elimination or diminution of job opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs:

Provided that where this Award makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

4.10.2 Employer’s duty to discuss change

(a) The employer shall discuss with the employees affected and their Union, inter alia, the introduction of the changes referred to, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees.

(b) The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred

to in clause 4.10.1. (c) For the purpose of such discussion, the employer shall provide in writing to the employees concerned and their Union, all relevant

information about the changes including the nature of the changes proposed, the expected effects of the changes on employees, and any other matters likely to affect employees:

Provided that an employer shall not be required to disclose confidential information, the disclosure of which would be inimical to the employer’s interests.

4.11 Redundancy 4.11.1 Discussions before terminations

(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and where relevant, their Union.

(b) The discussions shall take place as soon as it is practicable after the employer has made a definite decision which will invoke clause 4.11.1,

and shall cover inter alia, the reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to avert or mitigate the adverse effects of any terminations of the employees concerned.

(c) For the purpose of the discussion the employer shall, as soon as practicable, provide in writing to the employees concerned and their Union,

all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out:


1698 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 4.11.2 Transfer to lower paid duties Where an employee is transferred to other duties for reasons set out in clause 4.11.1, the employee shall be entitled to the same period of notice of transfer the employee would have been entitled to if the employee’s employment had been terminated, and the employer may, at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rate of pay for the number of weeks of notice still owing. 4.11.3 Transmission of business

(a) Where a business is, whether before or after the date of this Award, transmitted from an employer (the “transmittor”) to another employer (the “transmittee”), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee:

(i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and (ii) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the

employee with the transmittee.

(b) “Business” includes trade, process, business or occupation and includes part of any such business and “transmission” includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and “transmitted” has a corresponding meaning.

4.11.4 Time off during notice period

(a) Where a decision has been made to terminate an employee in the circumstances outlined in clause 4.11.1, the employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment,

the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

4.11.5 Notice to Centrelink Where a decision has been made to terminate employees in the circumstances outlined in clause 4.11.1 the employer shall notify Centrelink thereof as soon as possible giving relevant information including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out. 4.11.6 Severance pay In addition to the period of notice prescribed for ordinary termination in clause 4.9.2, and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in clause 4.11.1 shall be entitled to the following amounts of severance pay:

Period of Continuous Service Severance Pay

1 year or less ............................................................................................................... nil 1 year and up to the completion of 2 years ........................................................4 weeks’ pay 2 years and up to the completion of 3 years .......................................................6 weeks’ pay 3 years and up to the completion of 4 years .......................................................7 weeks’ pay 4 years and over ..................................................................................................8 weeks’ pay

“Weeks’ Pay” means the ordinary time rate of pay for the employee concerned. 4.11.7 Superannuation benefits Subject to further order of the Commission where an employee who is terminated receives a benefit from a superannuation scheme, such employee shall only receive under clause 4.11.6 the difference between the severance pay specified in that clause and the amount of the superannuation benefit such employee receives which is attributable to employer contributions only. If this superannuation benefit is greater than the amount due under clause 4.11.6 then the employee shall receive no payment under that clause. 4.11.8 Employee leaving during notice An employee whose employment is terminated for reasons set out in clause 4.11.1 may terminate such employment during the period of notice specified in clause 4.9.2, and, if so, shall be entitled to the same benefits and payments under clause 4.11 had such employee remained with the employer until the expiry of such notice: Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice. 4.11.9 Alternative employment An employer, in a particular case, may make application to the Commission to have the general severance pay prescription amended if the employer obtains acceptable alternative employment for an employee. 4.11.10 Employees with less than one year’s service Clause 4.11 shall not apply to employees with less than one year’s continuous service and the general obligation on employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment. 4.11.11 Employees exempted Clause 4.11 shall not apply:

(a) where employment is terminated as a consequence of misconduct on the part of the employee;



(b) to employees engaged for a specific period of time or for a specific task or tasks; or

(c) to casual employees. 4.11.12 Employers exempted Subject to an order of the Commission, in a particular redundancy case, clause 4.11 shall not apply to employers who employ less than 15 people. 4.11.13 Incapacity to pay An employer in a particular redundancy case may make application to the Commission to have the general severance pay prescription amended on the basis of the employer’s incapacity to pay. 4.12 Continuity of service – transfer of calling In cases where a transfer of calling occurs, continuity of service should be determined in accordance with sections 67-71 of the Act as amended from time to time. PART 5 – WAGES AND WAGE RELATED MATTERS 5.1 Definitions of classifications 5.1.1 “Assistant Cordial and/or Syrup Maker” means a person who is involved in the syrup process after the preparation of simple syrups. 5.1.2 “Storeworker” means a person principally engaged in the reception or departure or storing or packing of any goods or materials associated with

the aerated water factories industry within the boundaries of this Award, but shall not include any employee exclusively engaged in making sales. 5.2 Wage rates 5.2.1 The minimum rates of wages payable to employees shall be:

(a) PART ‘A’– ESTABLISHMENTS WITH FLOW RATES OF 7000 LITRES PER HOUR OR MORE

A senior employee of a classification specified in the table hereunder working in an establishment with a flow rate of 7000 litres per hour or more shall be paid not less than the rate per week assigned to that classification for the area in which the employee is working as set out in the following table:

Number Classification Total Rate

Per Week $

1. Syrup maker where syrup room operations are computerised..................................................... 467.70

2. Cordial and/or syrup using recipes of formulae........................................................................... 459.20

3. Pre-mix filler operator .................................................................................................................. 448.80

4. Assistant cordial and/or syrup maker; employees who under the direction of the

employer or manager or the foreman are incharge of the running adjustment or running maintenance of automatic carbonating and/or fruit juice or aerated water machinery or plant; syrup filleroperator, and/or syrup filler operator, employee engaged on Routine in-line testing............................................................................................... 435.70

5. Employee operating labelling, palletising or de-palletising,

case packing or unpacking, or carton packing machines ............................................................. 434.10

6. Employees engaged on bottling or canning line operations, including without limiting the foregoing, removing empty bottles on conveyors, attending or feeding or taking away from washing machines, sighting, inspecting, attending or operating sealing machines or labelling machines, filling cases with full bottles, and stacking cases on pallets, fruit juice extracting, cordial and/or syrup room (other than in classification No. 1, 2 or 4, plastic blow moulding machine operator, cleaner, case, crate, box and/or pallet repairer, all other adult employees not elsewhere specified.................. 423.70

7. Storeworker .................................................................................................................................. 467.30

8. Driver of fork-lift with lifting capacity of: (a) up to and including 5000kg..................................................................................................... 467.80 (b) over 5000kg, including twin fork-lift ..................................................................................... 470.80 9. Trainee – first 4 weeks of service ....................................................................................................... 406.30

(b) PART ‘B’– ESTABLISHMENTS WITH FLOW RATES OF LESS THAN 7000 LITRES PER HOUR

A senior employee of a classification specified in the table hereunder working in an establishment with a flow rate of less than 7000 litres per hour shall be paid not less than the rate per week assigned to that classification of the area in which the employee is working as set out in the following table:

Number Classification Total Rate

Per Week $

1. Cordial and/or syrup maker using recipes or formulae................................................................ 454.20


2. Assistant cordial and/or syrup maker; employees who under the direction of the employer or manager or the foreman are in charge of the running adjustment or running maintenance of automatic carbonating and/or fruit juice or aerated water machinery or plant; syrup filler operator, and/or syrup filler operator; employee engaged on Routine in-line testing .............................................................................. 435.70

3. Employees engaged on bottling or canning line operations, including without limiting

the foregoing, removing empty bottles on conveyors, attending or feeding or taking away from washing machines, sighting, inspecting, attending or operating sealing machines or labelling machines, filling cases with full bottles, and stacking cases on pallets, fruit juice extracting, cordial and; or syrup room (other than in classification No. 1 or 2, plastic blow moulding machine operator, shrink-wrap machine operator, cleaner, case, crate, box and/or pallet repairer, all other adult employees not elsewhere classified ...................................................................................................................... 423.70

4. Storeworker .................................................................................................................................. 467.30 5. Driver of fork-lift with lifting capacity of: (a) up to and including 5000kg..................................................................................................... 467.80 (b) over 5000kg including twin fork-lift ...................................................................................... 470.80

NOTE: The rates of pay in this award are intended to include the arbitrated wage adjustment payable under the 1 September 2002 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the President.] This arbitrated wage adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this Award which are above the wage rates prescribed in the Award. Such payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous State Wage Cases or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments.

5.2.2 Divisional and district parities – employees employed outside the Eastern District of the Southern Division shall be paid the following amounts in

addition to the rates of wages prescribed by clause 5.2.1 and 5.2.4 for employees employed within that District:

Seniors Juniors Per week Per week $ $

Northern Division, Eastern District 1.05 0.53 Northern Division, Western District 2.20 1.10 Mackay Division 0.90 0.45 Southern Division, Western District 1.05 0.53

4.2.3 Supervisory allowance – An employee who is appointed to supervise other employees shall be paid the following amounts:

Per Day $

1 to 10 employees............................................................................................................................................ 4.23 11 to 20 employees.......................................................................................................................................... 6.40 21 or more employees ..................................................................................................................................... 8.32

5.2.4 Junior wages

(a) Except as hereinafter prescribed the minimum rate of wages for Junior employees shall be the undermentioned percentages of the rates prescribed for the appropriate adult classification for the work performed for the area in which such Junior is working.

Percentage

of minimum senior rate %

Under 16 years......................................................................................................................................... 55 16 years and under 17 years .................................................................................................................... 70 17 years and under 18 years .................................................................................................................... 85

And thereafter at the rate prescribed in this Award for seniors.

(b) Junior rates shall be calculated in multiples of 10 cents with any result of 5 cents or more being taken to the next highest 10 cent multiple.

(c) The following shall be Juniors’ work:

Any work in or associated with the factory except:

(i) taking general charge of machinery; (ii) stacking, shipping or railing cases of bottled goods containing over 2 dozen quarts, 3 dozen pints or 4 dozen nips.

5.3 Payment of wages 5.3.1 Payment of wages shall be made weekly. Such payment shall include all wages due to an employee up to and including 2 days prior to the pay

day.



5.3.2 Method of payment – Where practicable and provided that the method of wages payment is arranged by mutual consent between the individual employee and the employer, the method of payment of wages shall be paid in accordance with clauses 5.3.2 (a) and (b).

(a) Where payment is made in cash, payment shall be made not later than Wednesday of each week except where Monday is a public holiday in

which case payment shall be made not later than Thursday.

Wages shall be paid in the employer’s time, and any employee who is not paid within 15 minutes of such employee’s ordinary ceasing time shall be deemed to be working during the time the employee is kept waiting, and paid overtime rates for all such waiting time.

(b) Where payment is made by electronic funds transfer into a bank or building society account nominated by the employee, no charge shall be

incurred by the employee as a result of this method of payment of wages.

Wages shall be transferred into the employee’s nominated account, and shall be available within the employees account by the end of ordinary working hours on Thursday:

Provided that in any week in which a public holiday occurs on a Friday, wages shall be transferred so as to be available on the Wednesday prior, and provided further that when a public holiday occurs on any Thursday, wages shall be transferred so as to be available on the Tuesday prior. Any employee who does not receive payment of their wages due at their branch of bank or building society within fifteen minutes of such employee’s ordinary ceasing time shall be deemed to be working during the time the employee is kept waiting, and paid overtime for all such waiting time.

5.3.3 Casual employees may by mutual consent with the employer be paid in accordance with clauses 5.3.1 and 5.3.2, or be paid in cash at the

termination of each engagement. 5.3.4 Provided that once the method of payment of wages has been mutually arranged in accordance with clause 5.3, the employer shall not be entitled

to alter such method. 5.3.5 Payment of employees dismissed and terminated Except in the case of dismissal in accordance with the provisions of clause 4.9 or clause 4.11, or of an employee leaving the service of an employer without due notice, an employee dismissed shall be paid all wages due within fifteen minutes of ceasing work. If such wages are not paid within the time prescribed, waiting time of 8 hours in each 24 hours or part thereof in excess of fifteen minutes shall be paid for at ordinary time. In the event of an employee being discharged or leaving without notice, such employee shall be paid all wages due within 24 hours of the termination of employment. 5.4 Allowances 5.4.1 Fork-lift allowance – employees required to operate a fork-lift, other than those engaged exclusively or substantially as driver of fork-lift, shall be

paid 53.5c per hour in addition to their ordinary rate of wages. 5.4.2 Employees handling money:

(a) Employees who are required to handle money shall be paid the following additional rates:

Per Week $

For any amount handled weekly:

Up to $20 ................................................................................................................................................................0.80 Over $20 but not exceeding $200 ..........................................................................................................................1.60 Over $200 but not exceeding $600 ........................................................................................................................3.40 Over $600 but not exceeding $1,000 .....................................................................................................................4.70 Over $1,000 but not exceeding $1,200 ..................................................................................................................6.40 Over $1,200 but not exceeding $1,600 ..................................................................................................................7.20 Over $1,600 but not exceeding $2,000 ..................................................................................................................8.30 Over $2,000 ............................................................................................................................................................9.70

(b) When employees are held responsible for the collection of consignment notes, dockets, papers, money and other property of the employer,

the employee shall be provided with suitable facilities for the protection of the employer’s property. 5.5 Superannuation In addition to any other entitlement pursuant to this Award, eligible employees (as defined in clause 5.5.1(a)) shall be entitled to superannuation payments made by the employer into an approved occupational superannuation fund in accordance with the following provisions of clause 5.5: 5.5.1 Definitions

(a) “Eligible employee” means any employee having served 4 calendar weeks in employment (pro rata in the case of a casual employee), who

shall have occupational superannuation payments paid by the employer retrospective to the date of commencement of employment.

(b) “Approved Fund” means:

(i) Sunsuper Pty Ltd.

(ii) In relation to any particular employer, any other established fund to which that employer was already actually making regular and genuine contributions in accordance with clause 5.5.2 on behalf of at least a significant number of that employer’s employees covered by this Award as at 29 September 1989, and continues to make such contributions:


Provided that the making of a deposit, an initial or other contributions subsequent to 29 September 1989, but on a retrospective basis, in respect of any period up to and including 29 September 1989, shall not under any circumstances bring a fund within the meaning of clause 5.5.1(b). The mere signing and submission of any nomination for membership documents to trustees of a fund prior to 29 September 1989 does not bring a fund within the meaning of clause 5.5.1(b).

(c) “Ordinary time earnings” means and includes:

(i) the weekly pay for rostered hours plus any overaward payments;

(ii) any appropriate all purpose allowances including leading hand allowance;

(ii) shift allowances and any additional amounts paid for shift work and ordinary time worked on Saturdays and Sundays.

5.5.2 Contributions

(a) The employer shall contribute into the approved fund on behalf of each eligible employee 3% of the employee’s ordinary time earnings calculated at the completion of every 4 week roster cycle. Such amounts calculated shall be rounded off to the nearest 10 cents.

(b) Contributions for casual employees shall be on the same basis as weekly employees, or pro rata if less than a full week is worked, including

casual loading.

(c) Eligible employees may personally contribute additional amounts into the fund in addition to the minimum employer contributions as set out in clause 5.5.2(a) by way of voluntary contribution and the employer shall (at the employee’s written request) make arrangements for authorised deductions from the employee’s pay to be forwarded to the administrators of the fund.

(d) The employer shall remit contributions to the approved fund on a monthly basis.

(e) The employer may suspend for the applicable period contributions made on behalf of an employee if the employee is absent from the

workplace other than for annual leave, long service leave, public holidays, paid sick leave, or workers compensation leave for a period of not more than 26 weeks.

No additional amount shall be paid by the employer for the establishment, administration, management, or any other charges in connection with the Fund.

5.5.3 (a) The employer and employee may agree to have the employee’s superannuation contributions made to an approved superannuation fund, other

than those specified in this Award.

(b) Any such agreement must be recorded in writing and signed by the employer and employee and kept on the employee’s file.

(c) A person must not coerce someone else to make an agreement.

(d) Such agreement, where made, will continue until such time as the employer and employee agree otherwise, and shall be made available to relevant persons for the purposes of s. 371 and s. 373 (time and wage records) of the Industrial Relations Act 1999.

(e) Any dispute arising out of this process will be handled in accordance with the Disputes Resolution Procedure as contained in this Award.

PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK 6.1 Hours of work 6.1.1 (a) Subject to clause 6.2 and subject to the exceptions hereinafter provided, the ordinary hours of work shall be an average of 38 per week, to be

worked on one of the following bases:

(i) 38 hours within a work cycle not exceeding 7 consecutive days; or (ii) 76 hours within a work cycle not exceeding 14 consecutive days; or (iii) 114 hours within a work cycle not exceeding 21 consecutive days; or (iv) 152 hours within a work cycle not exceeding 28 consecutive days.

(b) The ordinary hours of work prescribed shall be worked between the hours of 6.00 a.m. and 6.00 p.m., and may be worked on any 5

consecutive days in the week, Monday to Sunday inclusive, subject to the following:

(i) ordinary hours worked on a Saturday or Sunday shall be paid at the appropriate week-end overtime rate specified in clause 6.9; (ii) any arrangement of hours which includes a Saturday or Sunday as ordinary hours shall be subject to agreement between the employer

and the majority of employees concerned.

6.1.2 The ordinary starting and finishing times of various groups of employees or individual employees, may be staggered, provided that there is agreement between the employer and the majority of employees directly affected.

6.1.3 The ordinary hours of work prescribed herein shall not exceed 10 hours on any day:

Provided that where the ordinary working hours are to exceed 8 on any day, the arrangement of hours shall be subject to the agreement of the employer and the majority of employees concerned:

Provided further that where any arrangement of ordinary hours exceed 8 on any day, the Chief Industrial Inspector and the relevant Union shall be notified in writing within 14 days of commencement of work under such arrangement.



6.2 Working of a 38 hour week 6.2.1 The 38 hour week shall be worked on one of the following bases, most suitable to the particular enterprise, after consultation with, and giving

reasonable consideration to the wishes of the employees concerned:

(a) by employees working less than8 ordinary hours each day; or

(b) by employees working less than 8 ordinary hours on one or more days each work cycle; or

(c) by fixing one or more work days on which all employees will be off during a particular work cycle; or

(d) by rostering employees off on various days of the week during a particular work cycle, so that each employee has one work day off during that cycle.

6.2.2 Subject to the clause 6.1.3 employees may agree that the ordinary hours of work are to exceed 8 on any day, thus enabling more than one work

day to be taken off during a particular work cycle. 6.2.3 Notwithstanding any other provision in clause 6.2, where the arrangement of ordinary hours of work provides for a rostered day off, the employer

and the majority of employees concerned may agree to accrue up to a maximum of 5 rostered days off. Where such agreement has been reached, each accrued rostered day off shall be taken within 12 calendar months of the date on which that rostered day off was accrued. Consent to accrue rostered days off shall not be unreasonably withheld by either party.

6.2.4 Different methods of implementation of the 38 hour week may apply to individual employees, groups or sections of employees in the business

concerned. 6.3 38 hour week – procedures for enterprise level discussions 6.3.1 The employer and all employees concerned in each establishment shall consult over the most appropriate means of working a 38 hour week. 6.3.2 The objective of such consultation shall be to reach agreement on the method of working the 38 hour week in accordance with clause 6.2. 6.3.3 The outcome of such consultation shall be recorded in writing. 6.3.4 In cases where agreement cannot be reached as a result of consultation between the parties, either party may request the assistance or advice of

their relevant employee or employer organisation. 6.3.5 Notwithstanding the consultative procedures outlined above, and notwithstanding any lack of agreement by employees, the employer shall have

the right to make the final determination as to the method by which the 38 hour week is worked from time to time. 6.3.6 After implementation of the 38 hour week, upon giving 7 days’ notice or such shorter period as may be mutually agreed upon, the method of

working the 38 hour week may be altered from time to time following negotiation between the employer and employees concerned, utilising clause 6.3, including clause 6.3.5.

6.4 Meal breaks Employees shall be entitled to an unpaid meal break of a minimum of 30 minutes and a maximum of 60 minutes to be taken after the end of the 4th hour and prior to the start of the 6th hour from the commencement of the employees ordinary hours: Provided that where agreed between the employer and the majority of employees directly affected meal times may be altered or staggered. 6.5 Rest pauses Every employee covered by this Award shall be entitled to a rest pause of 10 minutes’ duration in the employer’s time in the first and second half of their daily work. Such rest pauses shall be taken at such times as will not interfere with continuity of work where continuity is necessary. Provided that where there is agreement between the employer and the majority of employees, periods of work can be rearranged by moving rest pauses so there is less disruption to the daily work. 6.6 Boiling water to be provided The employer shall provide boiling water for the main meal break and for each rest period. 6.7 Shift work 6.7.1 Shift work may be performed in 2 shifts or 3 shifts within a period of 24 hours and the hours of shift workers shall be as follows:

Day shift – 8.00 a.m. to 4.00 p.m.; Afternoon shift – 1.00 p.m. to 12 midnight; Night shift – 12 midnight to 8.00 a.m.:

Provided that other times may be mutually arranged between the employer and the majority of employees directly affected.

6.7.2 Shift workers whilst on afternoon and night shift shall be paid 15% more than the ordinary rate for such shift. 6.7.3 Where shift work is performed on week-ends one and a-half times ordinary rates shall be paid from midnight Friday to midnight Sunday. 6.8 Facilitative provisions procedure The procedure for employers and employees to implement the facilitative provisions under Part 6 shall be in accordance with the following guidelines: 6.8.1 Facilitative provisions such as: hours of work – day/shift, meal breaks, staggered starting and finishing times, and 10 ordinary hours, can be

negotiated between management and employees who are directly affected by such proposals.

1704 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 6.8.2 Employees shall be represented by their local Union delegate/s and may have the right to be represented by their local Union official/s. 6.8.3 Facilitative provisions within clause 6.8 can only be implemented by agreement. 6.8.4 Facilitative provisions within clause 6.8 cannot be imposed by employers onto employees or vice versa. 6.8.5 Agreement is defined as obtaining consent of greater than 50% of employees directly affected. 6.8.6 All employees directly affected must be consulted as a group regarding the proposal, before any agreement can be reached. 6.8.7 Any agreement reached must be documented and must incorporate a review period. A copy of the agreement must be forwarded to the relevant

Union delegate/s and State official/s. 6.9 Overtime 6.9.1 All work done in excess of 8 hours in any one day or in excess of the ordinary working hours per week or before the recognised starting time or

after the recognised ceasing time shall be deemed to be overtime and shall be paid for at the rate of time and a-half for the first 3 hours and double time thereafter.

6.9.2 (a) Saturday work – All work performed on Saturday shall be deemed to be overtime and shall be paid for at the rate of time and a-half for the

first 3 hours and double time thereafter.

(b) Sunday work – All work performed on Sunday shall be deemed to be overtime and shall be paid for at the rate of double time:

Provided that employees required to work overtime on Saturdays or Sundays shall be paid a minimum of 3 hours at the appropriate rate. 6.9.3 All work performed during meal hours shall be deemed overtime and shall be paid for at the rate of double time. Such rate shall be continued

until a break for a meal is allowed. 6.9.4 Any employee who is required to continue working for more than 2 hours after the ordinary ceasing time shall be allowed 30 minutes for a meal

after the second hour worked, also 45 minutes after each further 4 hours worked for which no deduction of pay shall be made. 6.9.5 Meal Money – Where employees are required to work for more than one hour beyond the ordinary ceasing time, such employee shall be paid the

sum of $7.50 as meal money or in the alternative the employer shall supply free to such employees a suitable meal in respect of each meal break provided for in clause 6.9.4.

6.9.6 Where an employee has been previously notified that the employee is required to work overtime and such overtime is not then worked, in the

event of such employee having provided a meal as a result thereof, the employee shall be paid the $7.50 meal allowance as provided notwithstanding the fact that no such overtime is worked.

6.9.7 An employee who works so much overtime between the termination of the employee’s ordinary work on one day and the commencement of the

employee’s ordinary work on the next day, and that the employee has not at least 10 consecutive hours off duty between those times shall, subject to clause 6.9.7, be released after completion of such overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of the employer such an employee resumes or continues work without having had such 10 consecutive hours off duty, the employee shall be paid double rates until released from duty for such period and shall be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

6.9.8 Any employee recalled to work overtime after having left the employer’s premises shall be paid for not less than 4 hours at overtime rates in

respect of each such recall:

Provided that clause 6.9.7 shall not apply where such overtime is worked continuously with ordinary hours of work. 6.9.9 Clause 6.9.7 shall apply in the case of employees who rotate from one shift to another as if 8 hours were substituted for 10 hours when overtime is

worked:

(a) for the purpose of changing rosters; or

(b) where an employee does not report for duty; or

(c) where a roster is worked by arrangement between the employees themselves. PART 7– LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 7.1 Annual leave 7.1.1 Every employee (other than a casual employee) covered by this Award shall at the end of each year of their employment be entitled to an annual

leave on full pay as follows:

(a) Not less than 5 weeks if employed on shift work where 3 shifts per day are worked over a period of 7 days per week; and

(b) Not less than 4 weeks in any other case. 7.1.2 Such annual leave shall be exclusive of any public holiday which may occur during the period of that annual leave and (subject to clause 7.1.6)

shall be paid for by the employer in advance:

(a) In the case of any and every employee in receipt immediately prior to that leave of ordinary pay at a rate in excess of the ordinary rate payable under clause 5.2, at that excess rate; and

(b) In every other case, at the ordinary rate payable to the employee concerned immediately prior to that leave under this Award.



7.1.3 If the employment of any employee is terminated at the expiration of a full year of employment, the employer shall be deemed to have given the leave to the employee from the date of the termination of the employment and shall forthwith pay to the employee in addition to all other amounts due, the employee’s pay, calculated in accordance with clause 7.1.6, for 4 or 5 weeks as the case may be and also the employee’s ordinary pay for any public holiday occurring during such period of 4 or 5 weeks.

7.1.4 If the employment of any employee is terminated before the expiration of a full year of employment, such employee shall be paid, in addition to

all other amounts due, an amount equal to 1/9th of the employee’s pay for the period of employment if an employee to whom clause 7.1.1(a) applies, and 1/12th of the employee’s pay for the period of employment if an employee to whom clause 7.1.1(b) applies, calculated in accordance with clause 7.1.6.

7.1.5 Unless the employee shall otherwise agree, the employer shall give the employee at least 14 days’ notice of the date from which such employee’s

annual leave shall be taken. 7.1.6 Calculation of annual leave pay In respect to annual leave entitlements to which clause 7.1 applies, annual leave pay (including any proportionate payments) shall be calculated as follows:

(a) Shift workers – Subject to clause 7.1.6(c), the rate of wage to be paid to a shift worker shall be the rate payable for work in ordinary time according to the employee’s roster or projected roster, including Saturday, Sunday or holiday shifts.

(b) Leading hands etc. – Subject to clause 7.1.6(c), leading hand allowances and amounts of a like nature otherwise payable for ordinary time

worked shall be included in the wages to be paid to employees during annual leave.

(c) All employees – In no case shall the payment by an employer to an employee be less than the sum of the following amounts:

(i) The employee’s ordinary wage rate as prescribed by this Award for the period of the annual leave (excluding shift premiums and weekend penalty rates);

(ii) Leading hand allowance or amounts of a like nature;

(iii) A further amount calculated at the rate of 17 1/2% of the amounts referred to in clauses 7.1.6(c)(i) and 7.1.6(c)(ii).

7.2 Sick leave 7.2.1 Entitlement

(a) Every employee, except casuals, and school-based apprentices and trainees, is entitled to 60.8 hours’ sick leave for each completed year of their employment with their employer.

(b) This entitlement will accrue at the rate of 7.6 hours’ sick leave after each 6 weeks of employment.

(c) Payment for sick leave will be made based on the ordinary number of hours that would have been worked by the employee if they were not

absent on sick leave.

(d) Sick leave may be taken for part of a day.

(e) Sick leave shall be cumulative, but unless the employer and employee otherwise agree, no employee shall be entitled to receive, and no employer shall be bound to make, payment for more than 13 weeks’ absence from work through illness in any one year.

(f) Part-time employees accrue sick leave on a proportional basis.

7.2.2 Employee must give notice The payment of sick leave is subject to the employee promptly advising the employer of the employee’s absence and the expected duration. 7.2.3 Evidence supporting a claim. When the employee’s absence is for more than 2 days the employee is required to give the employer a doctor’s certificate, or other evidence to the employer’s satisfaction, about the nature and approximate duration of the illness. 7.2.4 Accumulated sick leave An employee’s accumulated sick leave entitlements are preserved when:

(a) The employee is absent from work on unpaid leave granted by their employer;

(b) The employer or employee terminates the employee’s employment and the employee is re-employed within 3 months; or

(c) The employee’s employment is terminated because of illness or injury and the employee is re-employed by the same employer without having been employed in the interim.

The employee accumulates sick leave entitlements whilst absent from work on paid leave granted by the employer.

7.2.5 Workers’ compensation Where an employee is in receipt of workers’ compensation, the employee is not entitled to payment of sick leave. 7.3 Absenteeism control measures 7.3.1 Sick leave is unlike annual or long service leave in that it is conditional upon an employee being ill or injured to the point of being unfit for duty.

1706 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 7.3.2 It is an insurance to protect the employee and the employee’s family against hardship should the employee be unable to continue in the

employee’s normal occupation and shall be only so utilised. 7.3.3 This procedure is designed to curtail sick leave abuse by employees who are absent from work and who are not genuinely unfit for duty and is to

operate notwithstanding the provisions of clause 7.2. 7.3.4 At the end of each 3 monthly period or as sick leave absenteeism for any employee warrants, by mutual agreement with the representative of the

Union, the employer may review the sick leave records with a view to establishing a list of employees whose record of attendance gives cause of reasonable concern.

7.3.5 Any employee with an unsatisfactory record shall be interviewed by the employer in the presence of the district secretary of The Australian

Workers’ Union of Employees, Queensland or the employee’s nominee if the employee so requests. If the discussion in respect to the absences does not provide satisfactory reason for the absences, then a letter of warning is to be sent to the employee and a copy to the nearest district secretary of The Australian Workers’ Union of Employees, Queensland.

7.3.6 If no improvement is observed in the next period, the employee is to be again interviewed (as in clause 7.3.5), and if the interview results in

unsatisfactory reasons being given, then a second letter of warning sent to the employee and a copy to the nearest district secretary of The Australian Workers’ Union of Employees, Queensland also indicating proof of illness or a certificate may be required for any absence.

7.3.7 If the above action still results in unsatisfactory attendance at work then a final warning is to be given and if this is disregarded then good grounds

will have been established for termination of employment. 7.3.8 The above procedure does not operate to withdraw the employer’s right to take termination action or other disciplinary action against any

employee if that employee has been found guilty of filling out a false sick leave application form and claiming sick leave pay when that person was not genuinely on sick leave. That is a matter relating to fraudulent misrepresentation which may justify instant dismissal.

7.4 Bereavement leave 7.4.1 Full-time and part-time employees Full-time and part-time employees shall on the death of a member of their immediate family or household in Australia be entitled to paid bereavement leave up to and including the day of the funeral of such person. Such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in 2 ordinary days of work. Proof of such death is to be furnished by the employee to the satisfaction of the employer. 7.4.2 Long-term casual employees

(a) A long-term casual employee is entitled to at least 2 days unpaid bereavement leave on the death of a member of the person’s immediate family or household in Australia.

(b) A “long-term casual employee” is a casual employee engaged by a particular employer, on a regular and systematic basis, for several periods

of employment during a period of at least one year immediately before the employee seeks to access an entitlement under clause 7.5.2 7.4.3 “Immediate family” includes:

(a) a spouse (including a former spouse, a de facto spouse and a former de facto spouse, spouse of the same sex) of the employee; and (b) a child or an adult child (including an adopted child, a foster child, an ex-foster child, a stepchild or an ex-nuptial child), parent, grandparent,

grandchild or sibling of the employee or spouse of the employee.

7.4.4 An employee with the consent of the employer, may apply for unpaid leave when a member of the employee’s immediate family or household in Australia dies and the period of bereavement leave entitlement provided above is insufficient.

7.4.5 An employee shall be entitled to a maximum of 2 days’ leave without loss of pay on each occasion and on the production of satisfactory evidence

of the death outside of Australia of an employee’s spouse, father or mother and where such employee travels outside of Australia to attend the funeral.

7.5 Long service leave All employees covered by this Award are entitled to long service leave on full pay under, subject to, and in accordance with, the provisions of Chapter 2, Part 3, sections 42-58 of the Act as amended from time to time. 7.6 Family leave The provisions of the Family Leave Award apply to and are deemed to form part of this Award. 7.6.1 It is to be noted that:

(a) part-time work can be performed by agreement in the circumstances specified in the Family Leave Award;

(b) a copy of the Family Leave Award is required to be displayed in accordance with section 697 of the Act. 7.6.2 The Family Leave Award also provides for the terms and conditions of leave associated with:

(a) Maternity Leave

(b) Parental Leave

(c) Adoption Leave

(d) Special Responsibility Leave for the care and support of the employee’s immediate family or household.



7.7 Donor leave An employee who attends a recognised clinic for the purpose of donating blood during working hours shall, subject to normal staffing requirements, be allowed the necessary leave without loss of pay provided the employee shall not be entitled to payment with respect to time lost in excess of 2 hours on each occasion. An employee shall notify the employer as soon as possible of the time and date upon which the absence is intended for the purpose of donating blood. 7.8 Jury service The employer shall pay any employee serving as a juror their weekly wage less the amount received as a juror: Provided that no reduction from the weekly wage greater than the equivalent of payment of the time the employee is absent on jury service shall be made. 7.9 Public holidays 7.9.1 Subject to clause 7.6.7 all work done by any employee:

– the 1st January – the 26th January – Good Friday – Easter Saturday (the day after Good Friday), – Easter Monday, – the 25th April (Anzac Day) – the Birthday of the Sovereign; – Christmas Day; – Boxing Day, or – any day appointed under the Holidays Act 1983, to be kept in place of any such holiday,

shall be paid for at the rate of double time and a-half with a minimum of 4 hours.

7.9.2 Labour Day All employees covered by this Award shall be entitled to be paid a full day’s wage for Labour Day (the first Monday in May or other day appointed under the Holidays Act 1983, to be kept in place of that holiday) irrespective of the fact that no work may be performed on such day, and if any employee concerned actually works on Labour Day, such employee shall be paid a full day’s wage for that day and in addition a payment for the time actually worked by the employee or at one and a-half times the ordinary rate prescribed for such work with a minimum of 4 hours. 7.9.3 Annual Show All work done by employees in a district specified from time to time by the Minister by notification published in the Gazette on the day appointed under the Holidays Act 1983, to be kept as a holiday in relation to the annual agricultural, horticultural or industrial show held at the principal city or town, as specified in such notification of such district shall be paid for at the rate of double time and a-half with a minimum of 4 hours. 7.9.4 Double time and a-half For the purposes of clause 7.9, where the rate of wages is a weekly one, “double time and a-half” means one and one half day’s wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day. 7.9.5 Stand down Any and every employee who, having been dismissed or stood down by the employer during the month of December in any year, shall be re-employed by that employer at any time before the end of the month of January in the next succeeding year, shall, if that employee shall have been employed by that employer for a continuous period of 2 weeks or longer immediately prior to being so dismissed or stood down, be entitled to be paid and shall be paid by the employer (at the ordinary rate payable to that employee, when so dismissed or stood down for any one or more of the following holidays, namely, Christmas Day, Boxing Day, and the first day of January occurring during the period on and from the date of dismissal or standing down to and including the date of the employee’s re-employment as aforesaid. 7.9.6 Substitution Where there is agreement between the majority of employees concerned and the employer, and subject to statutory limitations, other ordinary working days may be substituted for the public holidays specified in clause 7.9: Provided that, where an employee is subsequently required to work on such substituted days, the employee shall be paid the rate applicable for the holidays that have been substituted. PART 8 –TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK NOTE: No provisions inserted in this Award relevant to this Part. PART 9 – TRAINING AND RELATED MATTERS 9.1 Training program 9.1.1 The parties acknowledge that varying degrees of training are provided to employees in the aerated water factories’ industry via internal on-the-job

training and also through external training facilities. 9.1.2 The parties to the Award are committed to continuing such training as is required and appropriate, and where necessary in cases improving

training and/or access to training for employees. 9.1.3 The parties agree to continue discussions on issues raised relating to training.

1708 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES 10.1 Clothing, equipment and tools 10.1.1 Where it is necessary for an employee to wear protective clothing, aprons, boots or clogs, they shall be provided by the employer free of charge. 10.1.2 Cold room employees shall be provided with suitable insulating clothing. 10.1.3 All employees working on bottling machines, or required to bring their hands in contact with broken glass, shall be supplied with suitable

protective gloves by the employer free of charge. 10.1.4 All employees required to work in an area where broken glass in on the ground shall be supplied with suitable protective boots by the employer

free of charge. 10.1.5 Where in any factory the process of filling is carried out by other than automatic rotary or other automatic machines, the employees shall, if

required, be supplied with face guards, elbow length gloves, or mittens of leather or some suitable material and chest protectors:

Provided that where the process is conducted by hand clause 10.1.5 shall apply unless adequate guards are provided on the machine for the safety of the employee.

10.2 Waterproof clothing The employer shall supply, free of charge, waterproof boots and aprons to the following employees: Cordial makers, filter employees and employees in water rooms, cordial mixers, and to employees watching and attending gas generators or any aerated plant, employees on crown corking machines, automatic bottling machines, on power driven labelling machines, and to employees bottling aerated cordial and/or carbonated waters, and waterproof boots and aprons to those employees working in wet places where their clothing may become wet because of the nature of their work. 10.3 Wet weather Suitable waterproof clothing shall be supplied by the employer free of charge to employees who are required to work in the rain: Provided that if such an employee’s clothes get wet, the employee shall be paid double rates for all work so performed and such payment shall continue until the employee is able to change into dry clothing or until the employee ceases work whichever is the earlier. 10.4 Occupational health and safety 10.4.1 The maximum weight in kilograms a Junior employee is permitted or allowed to lift, carry, or move by hand, shall be in accordance the

Workplace Health and Safety Act 1995 and as displayed in the following table:

Age Males Females Kg. Kg.

Under 16 years.............................................. 14 9 16 to 18 years................................................ 18 11.5 Over 18 years ................................................ - 16

10.4.2 An employee over 18 years of age shall not be permitted or allowed to lift, carry, or move by hand, an object so heavy that the employee considers it will be likely to cause risk of injury.

10.5 First aid 10.5.1 First aid kits maintained in accordance with the provisions of the Workplace Health and Safety Act 1995, and kept in suitable and secure cases

shall be provided at central positions on the works so as to be at all times readily available for the use of the employees and the first aid attendant defined in clause 10.5.2.

10.5.2 First aid allowance – Where an employee of a section holds an appropriate first aid certificate as a first aid attendant an additional $9.60 per week

shall be paid when the said employee is appointed by the employer to act as the first-aid attendant for 3 days or more in any working week. 10.5.3 When employees are injured seriously or become seriously ill at work, the employer shall provide a means of getting them to the nearest hospital

or pay expenses of transmission to hospital. PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS.

Preamble Clauses 11.1 and 11.2 replicate legislative provisions contained within the Act. In order to ensure the currency of existing legal requirements parties are advised to refer to sections 366, 372 and 373 of the Act as amended from time to time. 11.1 Right of entry 11.1.1 Authorised Industrial Officer

(a) An “authorised industrial officer” is any Union official holding a current authority issued by the industrial registrar.

(b) Right of entry is limited to workplaces where the work performed falls within the registered coverage of the Union. 11.1.2 Entry procedure

(a) The authorised industrial officer is entitled to enter the workplace during normal business hours as long as:



(i) the authorised industrial officer alerts the employer or other person in charge of the workplace to their presence; and

(ii) shows their authorisation upon request.

(b) Clause 11.1.2(a)(i) does not apply if the authorised industrial officer establishes that the employer or other person in charge is absent.

(c) A person must not obstruct or hinder any authorised industrial officer exercising their right of entry.

(d) If the authorised industrial officer intentionally disregards a condition of clause 11.1.2 the authorised industrial officer may be treated as a trespasser.

11.1.3 Inspection of records

(a) An authorised industrial officer is entitled to inspect the time and wages record required to be kept under section 366 of the Act.

(b) An authorised industrial officer is entitled to inspect such time and wages records of any former or current employee except if the employee:

(i) is ineligible to become a member of the Union; or

(ii) is a party to a QWA or ancillary document, unless the employee has given written consent for the records to be inspected; or

(iii) has made a written request to the employer that the employee does not want that employee’s record inspected.

(c) The authorised industrial officer may make a copy of the record, but cannot require any help from the employer.

(d) A person must not coerce an employee or prospective employee into consenting, or refusing to consent, to the inspection of their records by an authorised industrial officer.

11.1.4 Discussions with employees An authorised industrial officer is entitled to discuss with the employer, or a member or employee eligible to become a member of the Union:

(a) matters under the Act during working or non-working time; and

(b) any other matter with a member or employee eligible to become a member of the Union, during non-working time. 11.1.5 Conduct An authorised industrial officer must not unreasonably interfere with the performance of work in exercising a right of entry. 11.2 Time and wages record 11.2.1 An employer must keep, at the place of work in Queensland, a time and wages record that contains the following particulars for each pay period

for each employee, including apprentices and trainees:

(a) the employee’s award classification;

(b) the employer’s full name;

(c) the name of the Award under which the employee is working;

(d) the number of hours worked by the employee during each day and week, the times at which the employee started and stopped work, and details of work breaks including meal breaks;

(e) a weekly, daily or hourly wage rate – details of the wage rate for each week, day, or hour at which the employee is paid;

(f) the gross and net wages paid to the employee; (g) details of any deductions made from the wages; and

(h) contributions made by the employer to a superannuation fund.

11.2.2 The time and wages record must also contain:

(a) the employee’s full name and address;

(b) the employee’s date of birth;

(c) details of sick leave credited or approved, and sick leave payments to the employee;

(d) the date when the employee became an employee of the employer;

(e) if appropriate, the date when the employee ceased employment with the employer; and

(f) if a casual employee’s entitlement to long service leave is worked out under section 47 of the Act – the total hours, other than overtime, worked by the employee since the start of the period to which the entitlement relates, worked out to and including 30 June in each year.

11.2.3 The employer must keep the record for 6 years. 11.2.4 Such records shall be open to inspection during the employer’s business hours by an inspector of the Department of Industrial Relations, in

accordance with section 371 of the Act, or an Authorised Industrial Officer in accordance with sections 372 and 373 of the Act.

1710 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 11.3 Union encouragement Clause 11.3 gives effect to section 110 of the Act in its entirety. Consistent with section 110 a Full Bench of the Commission has issued a Statement of Policy on Union Encouragement (reported 165 QGIG 221) that encourages an employee to join and maintain financial membership of the Union. 11.3.1 Documentation to be provided by employer At the point of engagement, an employer to whom this Award applies shall provide employees with a document indicating that a Statement of Policy on Union Encouragement has been issued by the Commission, a copy of which is to be kept on the premises of the employer in a place readily accessible by each employee. The document provided by the employer shall also identify the existence of a Union encouragement clause in this Award. 11.3.2 Union delegates Union delegates and job representatives have a role to play within a workplace. The existence of accredited Union delegates and/or job representatives is encouraged. The employer shall not unnecessarily hinder accredited Union delegates and/or job representatives in the reasonable and responsible performance of their duties. 11.3.3 Deduction of union fees The employer shall, on the request in writing of any employee, pay to the Union out of the money due to such employee in respect of wages, the annual contribution of such employee as a member of the Union. 11.4 Posting of award A copy of this Award, with all amendments, shall be exhibited in either the lunchroom or on the general notice board so as to be readily accessible to all employees engaged on the premises.

Appendix Operator 1 Means an employee who performs work of a level of competence above Operator 2 who works under direct supervision as a syrup maker where syrup operations are computerised, a storeworker and a driver of forklift with lifting capacity up to and including 5000 kgs. Operator 2 Means an employee who performs works of a level of competence above Operator 3 who works under direct supervision as a premix filler operator, or a cordial and/or syrup maker using recipes or formulae. Operator 3 Means an employee who performs work of a level of competence above Operator 4 who works under direct supervision either individually or in a team and who demonstrates understanding and takes responsibility for basic quality standards, understands sequence of movements, can manually operate machines in accordance with established procedures, works in BEVTEX workshop excluding a trades person, includes an assistant cordial and/or syrup maker, and persons engaged in Routine in-line testing, has completed some training and demonstrates competence in more than one function work station and includes water treatment plant operators. Operator 4 Means an employee including a person engaged in the first 4 weeks of employment who performs routine duties and training on any one or more of the following equipment which requires the exercise of minimal judgement under direct supervision and demonstrates competence in these allocated functions and includes tradespersons assistants.

Schedule

List of employers with Second Tier Orders which to varying degrees modify the Provisions of this Award

Name Case No. Date of Order Coca Cola Bottlers (North Queensland) Pty. Ltd B791/88 7.10.88 Coca Cola Bottlers, Mackay. B49/89 16. 2.89 Dated 13 March 2003. By the Commission, [L.S.] E. EWALD, Operative Date: 12 May 2003 Industrial Registrar. ###########################################################################################################################



BRISBANE MARKET AWARD

(No. AR127 of 2002)




AWARD REVIEW After reviewing the above Award as required by s. 130 of the Industrial Relations Act 1999, this Commission orders that the Award be repealed and the following Award be made, as from 12 May 2003.

BRISBANE MARKETS AWARD – 2003 1.1 Title This Award is known as the Brisbane Markets Award 2003. 1.2 Arrangement Subject Matter Clause No PART 1 – APPLICATION AND OPERATION Title ....................................................................................................................................................................................................................................1.1 Arrangement.......................................................................................................................................................................................................................1.2 Operation............................................................................................................................................................................................................................1.3 Coverage ............................................................................................................................................................................................................................1.4 Definitions..........................................................................................................................................................................................................................1.5 Parties bound......................................................................................................................................................................................................................1.6 Exemptions.........................................................................................................................................................................................................................1.7 PART 2 – FLEXIBILITY Enterprise flexibility ..........................................................................................................................................................................................................2.1 PART 3 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION Grievance and dispute settling procedure..........................................................................................................................................................................3.1 PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Mixed functions .................................................................................................................................................................................................................4.1 Employment categories......................................................................................................................................................................................................4.2 Part-time employment .......................................................................................................................................................................................................4.3 Casual employment............................................................................................................................................................................................................4.4 Incidental or peripheral tasks.............................................................................................................................................................................................4.5 Trainees ..............................................................................................................................................................................................................................4.6 Anti-discrimination ............................................................................................................................................................................................................4.7 Termination of employment ..............................................................................................................................................................................................4.8 Continuity of service – transfer of calling…………………………………………………………… ............................................................................4.9 PART 5 – WAGES AND WAGE RELATED MATTERS Definition of classifications and skill levels......................................................................................................................................................................5.1 Wage rates..........................................................................................................................................................................................................................5.2 Junior wage rates................................................................................................................................................................................................................5.3 Payment of wages ..............................................................................................................................................................................................................5.4 Allowances.........................................................................................................................................................................................................................5.5 Superannuation...................................................................................................................................................................................................................5.6 PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK Hours of work ....................................................................................................................................................................................................................6.1 Qualifications to hours clause ...........................................................................................................................................................................................6.2 Overtime.............................................................................................................................................................................................................................6.3 Time off in lieu ..................................................................................................................................................................................................................6.4 Meal breaks ........................................................................................................................................................................................................................6.5 Rest pauses .........................................................................................................................................................................................................................6.6 Shift work...........................................................................................................................................................................................................................6.7 PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Annual leave ......................................................................................................................................................................................................................7.1 Sick leave ...........................................................................................................................................................................................................................7.2 Bereavement leave .............................................................................................................................................................................................................7.3 Long service leave .............................................................................................................................................................................................................7.4 Family Leave......................................................................................................................................................................................................................7.5 Training and related matters leave.....................................................................................................................................................................................7.6 Public holidays...................................................................................................................................................................................................................7.7 PART 8 – TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK No provisions inserted in this Award relevant to this Part.

1712 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 Subject Matter Clause No PART 9 – TRAINING AND RELATED MATTERS Education and training .......................................................................................................................................................................................................9.1 Training committee............................................................................................................................................................................................................9.2 PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES Amenities ...........................................................................................................................................................................................................................10.1 PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Right of entry .....................................................................................................................................................................................................................11.1 Time and wage records ......................................................................................................................................................................................................11.2 1.3 Date of operation This Award takes effect from 12 May 2003. 1.4 Coverage 1.4.1 Subject to clause 1.4.2, this Award shall apply to all persons engaged in the callings within the confines of the Brisbane Market, or who operate

from within the confines of the Brisbane Market, for whom classifications and wage rates are set out in this Award. 1.4.2 This Award shall not apply to Office Workers employed in the head office operations of the Queensland Fruit and Vegetable Growers Ltd, nor

shall it apply to those employees covered by the Brisbane Market Award – Flower Market Sections – Industrial Agreement. 1.5 Definitions 1.5.1 “Act” means the Industrial Relations Act 1999 as amended or replaced from time to time. 1.5.2 “Commission” means the Queensland Industrial Relations Commission. 1.5.3 “Union” means The National Union of Workers Industrial Union of Employees Queensland. 1.5.4 “Brismark” means the Queensland Chamber of Fruit and Vegetable Industries Co-operative (Union of Employers) Limited. 1.6 Parties bound This Award is legally binding upon the employees as prescribed by clause 1.4 and their employers, and the Union and its members. 1.7 Exemptions This Award shall not apply to employees receiving per week an additional amount which is in excess of 33 1/3 % of the Award rate of pay under the appropriate Skill Level, as prescribed by clause 5.2 of this Award, for the particular Classification and Skill Level under which the employee is engaged PART 2 – FLEXIBILITY 2.1 Enterprise flexibility 2.1.1 As part of a process of improvement in productivity and efficiency, discussion should take place at each enterprise to provide more flexible




submitted to the Commission in accordance with Chapter 6 of the Act and is to have no force or effect until approval is given. PART 3 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 3.1 Grievance and dispute settling procedure The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and an employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees. 3.1.1 In the event of an employee having a grievance or dispute the employee shall in the first instance attempt to resolve the matter with the immediate

supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.







3.1.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 3.1.2, the matter shall, in the case of a member of a Union, be reported to the relevant officer of that Union and the senior management of the employer or to Brismark. An employee who is not a member of the Union may report the grievance or dispute to senior management or the nominated industrial representative. This should occur as soon as it is evident that discussions under clause 3.1.2 will not result in resolution of the dispute.


genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given to the Commission in accordance with the provisions of the Act.


view to the prompt settlement of the dispute. 3.1.9 Any Order or Decision of the Commission (subject to the parties’ right of appeal under the Act) will be final and binding on all parties to the



PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 4.1 Mixed functions 4.1.1 Any employee employed under the job classification of either Store Worker or Salesperson, may be required to fill a position under either

classification at any skill level subject to clauses 4.1.3 and 4.1.4. 4.1.2 Any employee employed under the job classification of Office Worker may be required to fill a position within that classification, at any skill

level subject to clauses 4.1.3 and 4.1.4. 4.1.3 Where an employee performs a task outside their current job classification and/or a skill level for more than 5 hours in any one week, and where

the appropriate rate of wages under this Award is in excess of what the employee currently receives, the employee shall be temporarily paid for the time worked in that position, at the rate of wages relevant to that position.

4.1.4 Where an employee performs a task outside their current job classification and/or skill level, and where the appropriate rate of wages is less than

what the employee currently earns, the employee will continue to be paid at their current rate of wages. 4.2 Employment categories 4.2.1 Employees (other than casuals) covered by this Award shall be advised in writing of their employment category upon appointment. 4.2.2 Employment categories are:

(a) full-time;

(b) part-time (as prescribed in clause 4.3); or

(c) casual (as prescribed in clause 4.4). 4.3 Part-time employment Part-time employees may be engaged on the following terms: 4.3.1 A part-time employee is an employee who:

(a) is employed for not less than 16 hours per week and for not more than 32 ordinary hours per week;

(b) is rostered for a minimum of 3 consecutive hours on any shift or day; and

(c) is rostered to work regular hours on regular days in accordance with the Award provisions for permanent employees. 4.3.2 At the time of engagement the employer and the regular part-time employee will agree in writing the number of ordinary hours to be worked each

week. For the purpose of determining the regularity or otherwise of the hours, the parties may agree to averaging ordinary hours over a period of 4 weeks.

4.3.3 Any agreed amendment to the number of ordinary weekly hours worked will be recorded in writing. 4.3.4 All time worked outside of the ordinary daily and weekly hours specified in the employee’s roster will be overtime and paid for at the rates

prescribed in clause 6.3 – Overtime. 4.3.5 A regular part-time employee employed under the provisions of clause 4.3 must be paid for ordinary hours worked at the rate of 1/40th in relation

to Store Workers and Salespersons or 1/38th in relation to Office Workers of the weekly rate prescribed for the class of work performed. 4.3.6 A regular part-time employee will receive, on a pro rata basis, equivalent pay and conditions to those of full-time employees. 4.3.7 Where a public holiday falls on a day upon which an employee is normally employed, that employee shall be paid the appropriate rate for the

number of hours normally worked on that day.

1714 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 4.3.8 Where an employee and their employer agree in writing, part-time employment may be converted to full-time, and vice-versa, on a permanent

basis or for a specified period of time. If such an employee transfers from full-time to part-time (or vice-versa), all accrued award and legislative entitlements shall be maintained. Following transfer to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment.

4.3.9 Subject to the provisions contained in clause 4.3, all other provisions of the Award relevant to full-time employees shall apply to part time

employees. 4.3.10 Part-time employees shall be entitled to equal access to all training and promotional opportunities described under this Award. 4.4 Casual employment 4.4.1 A casual employee is an employee who is engaged on an hourly rate for a minimum of 4 hours on each engagement completed between Tenant

Entry Time, as defined by the Brisbane Market Bylaws and Regulations which exist, and 3.00 p.m. each afternoon, Monday to Friday. The minimum period of engagement shall be 2 hours at all other times. A casual employee may leave their employers’ service or be discharged at any time without notice.

4.4.2 Unless the employer notifies a casual employee before ordinary ceasing time on any one day that their services will not be required on the

following day, or specifies the period for which the casual employee’s services will be required, such casual employee shall be provided with 2 hours’ work, or payment in lieu.

4.4.3 Casual employees shall be paid 23% in addition to the appropriate rates prescribed above. 4.5 Incidental or peripheral tasks Employees are to be available to carry out a wider range of duties, including work which is in connection with, incidental or peripheral to the main task or function to ensure the efficient continuity of the work. 4.6 Trainees Trainees are engaged under this Award, except as amended from time to time by the Order for Apprentices’ and Trainees’ Wages and Conditions (Excluding Certain Queensland Government Entities). 4.7 Anti-discrimination 4.7.1 It is the intention of the parties to this Award to prevent and eliminate discrimination, as defined by the Anti-Discrimination Act 1991 and the

Industrial Relations Act 1999 as amended from time to time, which includes:

(a) discrimination on the basis of sex, marital status, family responsibilities, pregnancy, parental status, age, race, impairment, religion, political belief or activity, trade union activity, lawful sexual activity and association with, or relation to, a person identified on the basis of any of the above attributes;

(b) sexual harassment; and

(c) racial and religious vilification.




(a) any different treatment (or treatment having different outcomes) which is specifically exempted under the Anti-Discrimination Act 1991;

(b) an employee, employer or registered organization, pursuing matters of discrimination, including by application to the Human Rights and Equal Opportunity Commission/Anti-Discrimination Commission Queensland.

4.8 Termination of employment 4.8.1 Statement of employment The employer shall, in the event of termination of employment, provide upon request to an employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee. 4.8.2 Termination by employer

(a) The employer may end the employment of an employee by giving them notice or payment in lieu of notice. the employee may resign from employment by giving notice or forfeiting pay in lieu of giving such notice to the employer.


not more than 1 year.............................................................................................. 1 week more than 1 year, but not more than 3 years..........................................................2 weeks more than 3 years, but not more than 5 years ........................................................3 weeks more than 5 years ...................................................................................................4 weeks

(b) In addition to the notice in clause 4.8.2(a), employees over 45 years of age at the time the employer gives notice and with not less than 2

years’ continuous service, shall be entitled to an additional week’s notice.

(c) In calculating any payment in lieu of notice the ordinary time rate of pay for the employee concerned shall be used.

(d) The period of notice in clause 4.8.2 shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of casual employees, or employees engaged for a specific period of time or for a specific task or tasks.



4.8.3 Notice of termination by employee To terminate the contract of employment a full-time or part-time employee must give at least one week’s notice or forfeit a maximum of one week’s pay in lieu thereof. 4.9 Continuity of service – transfer of calling In cases where a transfer of calling occurs, continuity of service should be determined in accordance with sections 67-71 of the Act, as amended from time to time. PART 5 – WAGES AND WAGE RELATED MATTERS 5.1 Definition of classifications and skill levels 5.1.1 “Store Worker” means any employee engaged in unloading, receiving, handling, storing, sorting, stacking, packing and/or dispatching of any

produce, fruit and/or vegetables (minimal customer liaison). If an employer or salesperson sets the price of any item, then a store worker can inform a customer of that price, without being classified as a salesperson.

5.1.2 “Salesperson” means an employee classified as such engaged in communicating with suppliers, determining selling prices, selling, documenting

sales, deliveries and returns and in receiving, storing, stacking and dispatching of fruit and/or vegetables. 5.1.3 “Office Worker” shall include any person employed either exclusively or principally in the pursuit or vocation of writing, engrossing, typing,

calculating, whether by ordinary means or by means of any process calculated to achieve a like result; and/or in invoicing, billing, charging, recording, checking, or otherwise dealing with records, documents, writings, correspondence, attending telephone switchboards, receiving and answering telephone calls, books, and accounts of any person, firm, company, association, or corporation.

5.1.4 Classifications The wage structure of the Award is based on the following 3 classifications which are broken into various skill levels:

(a) Store Workers; (b) Salespersons; and (c) Office Workers.

5.1.5 Skill Levels

(a) Each classification is divided into skill levels which describe a minimum range of skills an employee must have to be employed under that skill level, together with eligibility provisions and advancement criteria. Clauses 5.1.4, 5.1.5 and 5.1.6 describe the various skill levels under each of the Award Classifications.

(b) In advancing from one skill level to another there is the expectation that the employee will contribute more to the operations of the business

by way of increased productivity and that the employer will facilitate ongoing training and skill enhancement in accordance with clause 9.1. 5.1.6 Skill Levels – Store Workers

The following describes the skill levels for Store Workers employed under this Award:

(1) Store Worker Level 1:

(a) Key Attributes – An employee at this level performs to the capacity of their training and experience, as required and:

(i) is responsible for the quality of their own work subject to routine supervision; (ii) works under routine supervision either individually or in a team environment; (iii) exercises discretion within the scope of their level of skills and training; and (iv) is employed primarily in the role of storing, packing, loading and unloading fruit and vegetables.

(b) Sample Tasks – Indicative of some of the tasks which an employee at this level may perform, are the following:

(i) storing and packing of goods and materials in accordance with appropriate procedures and/or regulations; (ii) loading and unloading vehicles; (iii) periodic housekeeping and stock checks; (iv) maintenance of records regarding product receipt, delivery or movement, as required; (v) cleaning up warehouses and selling floors; (vi) picking over product; and (vii) allocation and product movement to and from specific warehouse and selling floor areas.

(c) Advancement Criteria:

(i) An employee remains at this level until they have completed the necessary training and are capable of effectively performing through

assessment or appropriate certification the tasks required to enable them to progress to the next level as a position becomes available. (ii) Employees must be effectively and competently performing their tasks under this skill level to be eligible for advancement to the next

level.



(a) Key Attributes – An employee at this level performs work above and beyond the skills of an employee at Store Worker level 1 and to the capacity of their training and experience, as required and:

(i) is responsible for the quality of their own work; (ii) performs work requiring minimal supervision, either individually or in a team environment; (iii) exercises discretion within the scope of their level of skills and training; (iv) gains and holds appropriate qualifications and licences (including a forklift licence) as required; (v) is expected, and may be required, to perform tasks at a lower skill level; and (vi) has a responsibility in ensuring that correct procedures are followed in the receipt, packing, sorting, storage and dispatch of produce.

(b) Sample Tasks – Indicative of some of the tasks which an employee at this level may perform, in addition to the sample tasks of the lower skill

level, are the following:

(i) inventory and store control; (ii) licensed operation of all appropriate materials handling equipment; (iii) use of tools and equipment within the scope of basic maintenance; (iv) basic VDU operation; (v) sorting and sizing product, and packing as required; (vi) quality control over product; and (vii) preparation and receipt of documents relating to the receipt and dispatch of goods.

(c) Eligibility Provisions – To be eligible for advancement to this level, a store worker must have a minimum of 2 years’ experience in the stores

industry with at least one year in fruit and vegetable storage.

(d) Advancement Criteria:

(i) An employee remains at this level until they are capable of effectively performing through assessment or appropriate certification the tasks required to enable them to progress to the next level as a position becomes available.

(ii) Employees must be effectively and competently performing their tasks under this skill level, to be eligible for advancement to the next

level.


(a) Key Attributes – An employee at this level performs work above and beyond the skills of an employee at Store Worker Level 2 and to the capacity of their training and experience, as required and:

(i) is responsible for the quality of their own work and the checking of the quality of others’ work; (ii) works from instructions and procedures according to the task at hand and the employer’s policies and objectives; (iii) co-ordinates work in a team environment or works individually under general supervision; (iv) gains and holds appropriate licences (including a forklift and commercial vehicle licence) as required; (v) is expected, and may be required, to perform tasks at a lower skill level; and (vi) maintains a significant role in organising and carrying out product movement and storage functions.

(b) Sample Tasks – Indicative of some of the tasks which an employee at this level may perform, in addition to the sample tasks of lower skill

levels, are the following:

(i) use of a VDU and keyboard for purposes in addition to simple transaction details; (ii) development and refinement of a stores layout, including proper location of goods and their receipt and dispatch; (iii) quality control of produce and/or packaging and processing lines; (iv) stock control and recording in maintaining efficient rotation and movement through warehouses.

(c) Eligibility Provisions:

(i) To be eligible for advancement to this level, a Store Worker must have a minimum of 3 years’ experience in the stores industry with at

least 2 years in fruit and vegetable storage. (ii) Furthermore, they must have successfully completed Brismark’s “Basic Store Worker’s Course” and be familiar with the various kinds

of fruit and vegetables seen in the Brisbane Market and the various preferred handling procedures for same.




(i) An employee remains at this level until they are capable of effectively performing through assessment or appropriate certification the tasks required to enable them to progress to the next level as a position becomes available.

(ii) Employees must be effectively and competently performing their tasks under this level to be eligible for advancement to the next level.


(a) Key Attributes – An employee at this level performs work above and beyond the skills of an employee at Store Worker Level 3, and to the

level of their training and experience, as required, and:

(i) implements and exercises quality control techniques and procedures; (ii) performs work under Management supervision and/or according to Management policy; (iii) has the ability to supervise and provide direction and guidance to other employees including the ability to assist in the provision of on-

the-job training and induction. (iv) gains and holds appropriate qualifications and licences as required; (v) is expected, and may be required, to perform tasks at a lower skill level; (vi) possesses a highly developed level of interpersonal and communication skills; (vii) has a sound knowledge of the employer’s operations as it relates to product handling, storage and throughput.

(b) Sample Tasks – Indicative of the tasks which an employee at this level may perform, in addition to the sample tasks of lower skill levels, are

as follows:

(i) operation under licence and supervision of all materials handling and transport equipment; (ii) liaison with management, suppliers and customers with respect to stores operations; (iii) detailing and co-ordinating activities of other Store Workers; (iv) maintaining control registers including inventory control and be responsible for the preparation and reconciliation of regular reports or

stock movement, despatches, etc.; (v) complex VDU and keyboard operation.


(i) To be eligible for advancement to this level, a Store Worker must have a minimum of 5 years’ experience in the stores industry with at

least 4 years in fruit and vegetable storage. (ii) Furthermore, they must have completed Brismark’s “Advanced Store Worker’s Course”, an accredited course in Horticultural

Postharvest Technology, nominated or accepted by Bismarck, and Brismark’s “Basic Salesperson’s Course”. 5.1.7 Skill Levels – Salespersons

The following describes the skill levels for Salespersons employed under this Award:

(1) Salesperson – Level 1:

(a) Key Attributes – An employee at this level performs to the capacity of their training and experience, as required and:

(i) is responsible for the quality of their own work subject to routine supervision; (ii) works under routine supervision either individually or in a team environment; (iii) exercises discretion within the scope of their level of skills and training; (iv) gains and holds the necessary qualifications and licences as required; and (v) is employed primarily in the role of selling farm produce.

(b) Sample Tasks – Indicative of some of the tasks which an employee at this level may perform, are the following:

(i) negotiating with buyers for settlement of sales transactions; (ii) maintenance of records; (iii) allocation and product movement to and from specific warehouse and selling floor areas; (iv) periodic housekeeping and stock checks; (v) storing and packing of goods and materials in accordance with appropriate procedures and/or regulations; (vi) preparation and receipt of appropriate documentation including liaison with suppliers;


(vii) picking over product; (viii) cleaning up the Selling Floor.


(i) An employee remains at this level until they have completed the necessary training and are capable of effectively performing through

assessment or appropriate certification the tasks required to enable them to progress to the next level as a position becomes available. (ii) Employees must be effectively and competently performing their tasks under this skill level, to be eligible for advancement to the next

level.

(2) Salesperson – Level 2: (a) Key Attributes – An employee at this level performs work above and beyond the skills of an employee at Salesperson Level 1, to the capacity

of their training and experience, as required and:

(i) is responsible for the quality of their own work; (ii) performs work requiring minimal supervision either individually or in a team environment; (iii) exercises discretion within the scope of their level of skills and training; (iv) gains and holds the necessary qualifications and licences as required; (v) is expected, and may be required, to perform tasks at a lower skill level; (vi) has general contact with customers in the sale and dispatch of produce.

(b) Sample Tasks – Indicative of some of the tasks which an employee at this level may perform, in addition to the sample tasks at the lower skill

level, are the following:

(i) licensed operation of all appropriate materials handling equipment; (ii) control of inventory on selling floors; (iii) basic VDU operation; (iv) supplier contact and negotiation; (v) sales settlement and follow-up; (vi) buyer contact and dispute settlement; (vii) basic keyboard operations.


(i) To be eligible for advancement to this grade, salespeople must have a minimum of 2 years’ selling experience with one year in fruit and

vegetables. (ii) Furthermore, they must have completed Brismark’s “Basic Salesperson’s Course”.


(i) An employee remains at this level until they have completed the necessary training and are capable of effectively performing through assessment or appropriate certification the tasks required to enable them to progress to the next level as a position becomes available.

(ii) Employees must be effectively and competently performing their tasks under this skill level to be eligible for advancement to the next

level.

(3) Salesperson – Level 3: (a) Key Attributes – An employee at this level performs work above and beyond the skills of an employee at Salesperson Level 2 and to the

capacity of their training and experience, as required and:

(i) is responsible for the quality of their own work and the checking of the quality of others’ work; (ii) works from instructions and procedures according to the task at hand and the employer’s policies and objectives; (iii) co-ordinates work in a team environment or works individually under general supervision; (iv) gains and holds the necessary qualifications and licences as required; (v) is expected, and may be required, to perform tasks at a lower skill level; (vi) possesses a moderate level of interpersonal and communication skills ; and (vii) has direct contact with both suppliers and customers in pursuing the sales objectives of the business and in setting prices and settling

disputes.

(b) Sample Tasks – Indicative of some of the tasks which an employee at this level may perform, in addition to the sample tasks at lower skill levels, are as follows:



(i) operation of all materials handling equipment under licence; (ii) use of a VDU and keyboard for purposes in addition to simple transaction details; (iii) supplier contact and negotiation; (iv) buyer contact and dispute settlement; (v) stock control; (vi) sales settlement, documentation and follow-up; (vii) exercising quality control; (viii) monitoring of selling prices both within the Market and elsewhere; (ix) determination of both buying and selling prices in consultation with Management, where no Salesperson Level 4 is employed; (x) provision of input to budgeting exercises; (xi) visiting growing areas to liaise with suppliers and potential suppliers.


(i) To be eligible for advancement to this level, a salesperson must have a minimum of 3 years’ selling experience with at least 2 (2) years

in fruit and vegetables.

(ii) Furthermore, they must have successfully completed Brismark’s “Advanced Salesperson’s Course”, and Brismark’s “Advanced Store Worker’s Course”.


(i) An employee remains at this level until they have completed the necessary training, and are capable of effectively performing through

assessment or appropriate certification the tasks required to enable them to progress to the next level as a position becomes available.

(ii) Employees must be effectively and competently performing their tasks under this skill level to be eligible for advancement to the next level.

(4) Salesperson – Level 4: (a) Key Attributes – An employee at this level performs work above and beyond the skills of an employee at Salesperson Level 3 and to the


(i) implements and exercises quality control techniques and procedures; (ii) performs work under Management supervision and/or according to Management policy; (iii) supervises and provides direction and guidance to other employees including the ability to assist in the provision of on-the-job training

and induction; (iv) maintains and develops the relationship with suppliers and customers alike so as to enhance the sales prospects of the business

according to Management’s objectives. (v) gains and holds the necessary qualifications and licences as required; (vi) is expected, and may be required to perform tasks at a lower skill level;

(vii) possesses a highly developed level of interpersonal and communication skills; (viii) has a sound knowledge of the employer’s operations as it relates to the buying and selling function and all aspects of operations of the

selling floor; (ix) Provides substantial input into budgeting, public relations, and promotion activities.

(b) Sample Tasks – Indicative of the tasks which an employee at this level may perform, in addition to sample tasks at lower skill levels, are as

follows:

(i) operation, under licence, and supervision of all materials handling and transport equipment; (ii) liaison with management, suppliers and buyers, with respect to product supply and sales; (iii) detailing and co-ordination of the activities of other salespersons; (iv) complex VDU and keyboard operation; (v) maintain control registers including inventory control and be responsible for the preparation and reconciliation of regular reports on

stock movement, despatches, etc.; (vi) attending to all aspects of sales, sales documentation and follow-up, as required;


(vii) visiting growing areas as required; (viii) providing sales budgets.


(i) To be eligible for advancement to this level, a salesman must have a minimum of 5 years’ selling experience with at least 4 years in

fruit and vegetables. (ii) Furthermore, they must have successfully completed Brismark’s “Advanced Salesperson’s Course”, “Advanced Store Worker’s

Course”, and an accredited course in Horticultural Postharvest Technology, nominated or accepted by Brismark. 5.1.8 Skill Levels – Office Workers The following describes the skill levels for Office Workers employed under this Award.

(1) Office Worker – Level 1: (a) Key Attributes – An employee at this level performs to the capacity of their training and experience, as required and:

(i) is responsible for the quality of their own work subject to routine supervision; (ii) works under routine supervision either individually or in a team environment; (iii) exercises discretion within the scope of their level of skills and training; (iv) is employed primarily in the role of general office work; and (v) is to have basic communication skills, including an ability to read, write and speak English, and basic numeracy skills.

(b) Sample Tasks – Indicative of some of the tasks which an employee at this level may perform are the following:

(i) operation of a photocopy or facsimile machine; (ii) mailing, filing and collating; (iii) answering the telephone or simple counter enquiries; (iv) messenger work, such as making deliveries or picking up mail or office requisites; (v) simple cash sale transactions; (vi) petty cash transactions; (vii) calculator use.


(i) An employee remains at this level until they are capable of effectively performing through assessment or appropriate certification, the

tasks required to enable them to progress to the next level as a position becomes available. (ii) Employees must be effectively and competently performing their tasks under this level to be eligible for advancement to the next level.

(2) Office Worker – Level 2

(a) Key Attributes – An employee at this level performs to the capacity of their training and experience as required, and:

(i) is responsible for the quality of their own work; (ii) performs work requiring minimal supervision, either individually or in a team environment; (iii) exercises discretion within the scope of their level of skills and training; (iv) is expected, and may be required to perform tasks at a lower skill level; (v) undertakes a range of duties which have established routines, methods and procedures; and (vi) has a basic knowledge of the organisation’s structure so that they can redirect enquiries/documents and problems to the appropriate

person.

(b) Sample Tasks – Indicative of some of the tasks which an employee at this level may perform, in addition to the sample tasks at the lower skill level, are the following:

(i) information recording and note taking; (ii) reception/enquiries and telephonist duties; (iii) document collating; (iv) keyboarding, typewriting and basic data entry; (v) basic financial record keeping, control of petty cash, and reconciliation of financial transactions;



(vi) cashier duties.


(i) An employee remains at this level until they are capable of effectively performing through assessment or appropriate certification, the tasks required to enable them to progress to the next level as a position becomes available.

(ii) Employees must be effectively and competently performing their tasks under this level to be eligible for advancement to the next level.

(3) Office Worker – Level 3: (a) Key Attributes – An employee at this level performs work above and beyond the skills of an employee at Office Worker Level 2 and to the


(i) is responsible for the quality of their own work and the checking of the quality of others’ work; (ii) works from instructions and procedures according to the task at hand and the employer’s policies and objectives; (iii) co-ordinates work in a team environment or works individually under general supervision; (iv) holds the necessary qualifications, as required; (v) is expected, and may be required, to perform tasks at a lower skill level; (vi) has a sound knowledge of the business structure, its systems, procedures and its products; (vii) may plan and supervise the work of up to a maximum of 5 employees.

(b) Sample Tasks – Indicative of some of the tasks which an employee at this level may perform, in addition to the sample tasks at lower skill

levels, are the following:

(i) letter composition, compiling travel itineraries, servicing meetings; (ii) audio transcription, word processing, typing, data processing, shorthand transcription, computer operation and secretarial duties; (iii) higher level financial record keeping, such as accounts (including reconciliation of creditor statements), payroll, credit,

purchasing/sales, writing up cash books, drawing cheques, and bank reconciliations; (iv) administrative aspects of stock control; (v) provision of basic in-house training in clerical/administrative related activities; (vi) purchasing office requisites; (vii) budgetary input; (viii) payment of wages; (ix) completion of various statutory returns.


(i) To be eligible for advancement to this level, an office worker must have a minimum of 3 years’ experience in office work. (ii) Furthermore, they must have completed Brismark’s “Basic Office Worker’s Course” as a prerequisite to being promoted to this level.


(i) An employee remains at this level until they have completed the necessary training and are capable of effectively performing through assessment or appropriate certification, the tasks required to enable them to progress to the next level as a position becomes available.

(ii) Employees must be effectively and competently performing their tasks under this skill level to be eligible for advancement to the next

level.

(4) Office Worker – Level 4

(a) Key Attributes – An employee at this level performs work above and beyond the skills of an employee at Office Worker Level 3 and to the capacity of their training and experience, as required and:

(i) implements and exercises quality control techniques and procedures for work conducted; (ii) performs work under Management supervision or according to Management policy; (iii) holds the necessary qualifications as required; (iv) is expected, and may be required, to perform tasks at a lower skill level; (v) has extensive knowledge of the business structure, its operation and the industry in which it operates; and (vi) may plan and supervise the work of 5 or more employees.


(b) Sample Tasks – Indicative of some of the tasks which an employee at this level may perform, in addition to the sample tasks at lower skill levels, are the following:

(i) report writing; (ii) computer based applications and detailed data processing; (iii) client/public liaison; (iv) advanced record keeping functions, such as areas of general ledger, accounts and credit; (v) office management; (vi) control over office output and productivity; (vii) controlling office requisites; (viii) production of cost budgets; (ix) payment of Wages and Salaries, including keeping of records and producing group certificates; and (x) co-ordinating and conducting in-house training in clerical/administrative activities.


(i) To be eligible for advancement to this level, an office worker must have a minimum of 5 years’ experience in office work, with one

year’s experience in a Central Fruit and Vegetable Market; (ii) Furthermore, they must have completed Brismark’s “Advanced Office Worker’s Course”.

5.1.9 Skill Level Advancement

(a) Upon satisfactory attainment of all relevant prerequisites, an employee will be eligible for advancement to the next skill level.

(b) An eligible employee shall make written application for any vacancies to their employer for such advancement, stating their grounds and reasons and supplying all the necessary supporting documentation.

(c) Upon receipt of an employee’s application the employer shall advise the employee within 30 days of their success or otherwise in gaining the

advancement.

(d) Should the employer refuse the advancement, they will give written reasons to the employee why such a decision was made.

(e) An employee can make an appeal regarding the decision made by the employer pursuant to clause 3.1. 5.2 Wage rates The following shall be the minimum wages payable to employees under this Award: Classification Level Relativity Award Rate Per Week % $ Storeworker Level 1.................................................................................... 87.4 483.70 Storeworker Level 1 (After 3 months)........................................................ 88.6 488.70 Storeworker Level 2 ................................................................................... 93.5 508.60 Storeworker Level 3 .....................................................................................98 528.40 Storeworker Level 4 ....................................................................................105 557.50 Salesperson Level 1 ................................................................................... 88.8 489.50 Salesperson Level 2 .....................................................................................95 514.80 Salesperson Level 3 .................................................................................... 99.5 535.00 Salesperson Level 4 ................................................................................... 106.6 564.60 Office Worker Level 1 ..................................................................................92 502.30 Office Worker Level 2 ............................................................................... 95.7 517.30 Office Worker Level 3 ................................................................................100 538.20 Office Worker Level 4 .............................................................................. 105.7 561.20 [Calculation of Wage Rates – Wage rates shall be calculated in multiples of 10 cents with any result of 5 cents or more being taken to the next highest 10 cent multiple.] NOTE: The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2002 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the President.] This arbitrated wage adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this Award which are above the wage rates prescribed in the Award. Such payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Cases or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments.



5.3 Junior wage rates

Junior employees shall be paid according to the following table:

Junior Employees:

(Store Workers and Salespersons – Classifications): Percentage of the appropriate skill level %

15 and under 18 years of age........................................................................................................................................................ 55 18 and under 19 years of age........................................................................................................................................................ 65 19 and under 20 years of age........................................................................................................................................................ 75 20 and under 21 years of age........................................................................................................................................................ 85 21 years of age ............................................................................................................................................................................ 100

An employee who has achieved skill level 2 shall be paid the appropriate percentage above of skill level 2.

(Office Worker – Classification): Percentage of the

appropriate skill level

% 15 and under 18 years of age........................................................................................................................................................ 55 18 and under 19 years of age........................................................................................................................................................ 65 19 and under 20 years of age........................................................................................................................................................ 75 20 and under 21 years of age........................................................................................................................................................ 85 21 and under 22 years of age........................................................................................................................................................ 95 22 and under 23 years of age........................................................................................................................................................ 98 23 years of age ............................................................................................................................................................................ 100

An employee who has achieved skill level 2 shall be paid the appropriate percentage above of skill level 2.

No junior rates of pay shall apply to junior employees employed under Skill Levels 3 or 4 of the Classification of Office Worker.

5.4 Payment of wages 5.4.1 Payment of wages shall be made fortnightly, except where otherwise mutually agreed between the employer and the majority of employees, but in

any event at no greater intervals than fortnightly. Wages may be paid by electronic funds transfer, directly into a Bank or Building Society account of the employee’s choice, where the majority of employees agree.

5.4.2 Casual hands shall be paid within 30 minutes of their services being dispensed with, or within one working day if mutually agreed between the

employer and the employee. 5.4.3 When an employee is discharged they shall be paid their wages as soon as practicable and in any case within 24 hours after making application for

the same, except when a public holiday, Saturday or Sunday intervenes, and if they are not so paid they shall, for such time as shall elapse between their discharge and their payment, be paid at their ordinary rate of wages.

5.5 Allowances 5.5.1 Meal allowance Except where otherwise mutually agreed or where notification of overtime has been given on the previous day, when overtime is worked for more than 2 hours after the usual ceasing time, the employee shall be paid $7.50 meal allowance. 5.6 Superannuation 5.6.1 Application – In addition to the rates of pay prescribed by this Award, eligible employees (as defined in clause 5.6.3(b)) shall be entitled to

occupational superannuation benefits, subject to the provisions of clause 5.6. 5.6.2 Contributions

(a) Amount - Every employer will contribute on behalf of each eligible employee an amount prescribed under and in accordance with the relevant federal legislation into an Approved Fund as defined in clause 5.6.3(d). Each such payment of contributions must be rounded off to the nearest 10 cents.

(b) Regular payment – The employer shall pay such contributions to the credit of each eligible employee at least once each calendar month or in

accordance with the requirements of the approved fund trust deed.

(c) Absences from work – Contributions shall continue to be paid on behalf of an eligible employee during any absence on paid leave such as annual leave, long service leave, public holidays, sick leave and bereavement leave, but no employer shall be required to pay superannuation contributions on behalf of any eligible employee during any unpaid absences except in the case of absence on workers’ compensation. In the case of workers’ compensation, the employer shall contribute 3% of the employee’s ordinary time earnings whenever the employee is receiving by way of workers’ compensation an amount of money no less than the employee’s normal award rate of pay.

(d) Other contributions – Nothing in clause 5.6 shall preclude an employee from making contributions to a fund in accordance with the

provisions of the trust deed of the fund.


(e) Cessation of contributions – An employer shall not be required to make any further contributions on behalf of an eligible employee for any period after the end of the ordinary working day upon which the contract of employment ceases to exist.

(f) No other deductions – No additional amounts shall be paid by the employer for the establishment, administration, management or any other

charges in connection with the fund other than the remission of contributions as prescribed in clause 5.6. 5.6.3 Definitions

(a) “Approved fund” means a fund (as defined in clause 5.6.3(c)) approved for the purposes of clause 5.6 by the Commission as one to which occupational superannuation contributions may be made by an employer on behalf of an employee, as required by clause 5.6. Such approved fund may be individually named or may be identified by naming a particular class or category.

(b) “Eligible employee” means any employee who has been employed by the employer during 5 consecutive weeks and who has worked a

minimum of 50 hours during that period. After completion of the above qualifying period, superannuation contributions shall then be made in accordance with clause 5.6.2 effective from the commencement of that qualifying period.

(c) “Fund” means a superannuation fund satisfying the Commonwealth legislation for occupational superannuation funds and satisfying the

superannuation fund conditions in relation to a year of income, as specified in the relevant Act and complying with the operating standards as prescribed by Regulations made under the relevant Act. In the case of a newly established fund, the term shall include a superannuation fund that has received a notice of preliminary listing from the Insurance and Superannuation Commissioner.

(d) “Ordinary time earnings” for the purposes of clause 5.6 means the actual ordinary time rate of pay the employee receives for ordinary hours

of work including shift loading, skill allowances and leading hand allowances, where applicable. The term includes any over-award payment as well as casual rates received for ordinary hours of work. Ordinary time earnings shall not include overtime, disability allowances, commission, bonuses, lump sum payments made as a consequence of the termination of employment, annual leave loading, penalty rates for public holiday work, fares and travelling time allowances or any other extraneous payments of a like nature.

5.6.4 For the purposes of this Award, an approved fund means:

(a) Labour Union Co-Operative Retirement Fund – L.U.C.R.F; or.

Fruit and Vegetable Industry (Award) Superannuation Fund.

(b) Any named fund as is agreed to between the relevant employer/Union parties to this Award and as recorded in an approved Industrial Agreement.

(c) In the case of a minority group of employees of a particular employer, any industry, multi-industry or other fund which has been approved in

an Award or an agreement approved by an Industrial Tribunal whether State or Federal jurisdiction which has already had practical application to the majority of Award employees of that employer.

(d) As to employees who belong to the religious fellowship known as the Brethren, who hold a Certificate issued pursuant to section 115 of the

Act and are employed by an employer who also belongs to that fellowship, any fund nominated by the employer and approved by the Brethren.

(e) Any fund agreed between an employer and an employee who holds a Certificate issued pursuant to section 115 of the Act where membership

of a fund cited in an award would be in conflict with the conscientious beliefs of that employee in terms of section 115 of the Act.

(f) In relation to any particular employer, any other established fund to which that employer was already actually making regular and genuine contributions in accordance with clause 5.6.2 on behalf of at least a significant number of that employer’s employees covered by this Award as at 29 September 1989 and continues to make such contribution.

(g) The employer and employee may agree to have the employee’s superannuation contributions made to an approved superannuation fund, other


(i) Any such agreement must be recorded in writing and signed by the employer and employee and kept on the employee’s file.

(ii) A person must not coerce someone else to make an agreement.

(iii) Such agreement, where made, will continue until such time as the employer and employee agree otherwise, and shall be made available to relevant persons for the purposes of sections 371 and 373 (inspection of time and wage records) of the Act.

(iv) Any dispute arising out of this process will be handled in accordance with the grievance and dispute settling procedure as contained in

clause 3.2. 5.6.5 Challenge of a fund

(a) An eligible employee being a member or a potential member of a fund, as well as the Union, may by notification of a dispute to the Commission challenge a fund on the grounds that it does not meet the requirements of clause 5.6.

(b) Notwithstanding that the Commission determines that a particular fund does not meet the requirements of clause 5.6, the Commission may in

its discretion and subject to any recommendation, direction or order it may make, recognise any or all of the contributions previously made to that fund as having met the requirements or part thereof of clause 5.6.2 up to and including the date of that determination.

(c) In the event of any dispute over whether any fund complies with the requirements of clause 5.6, the onus of proof shall rest upon the

employer. 5.6.6 Fund selection

(a) No employer shall be required to make or be prevented from making, at any one time, contributions into more than one approved fund. Such fund, other than a fund referred to in clauses 5.6.4(c), (d), (e), (f) and (g) shall be determined by a majority decision of employees.



(b) Employees who are members of an established fund covered by clause 5.6.4(f) shall have the right by majority decision to choose to have the contributions specified in clause 5.6.2 paid into a fund as provided for elsewhere in clause 5.6.4 in lieu of the established fund to which clause 5.6.4(f) has application.

(c) The initial selection of a fund recognised in clause 5.6.4 shall not preclude a subsequent decision by the majority of employees in favour of

another fund recognised under that clause where the long term performance of the fund is clearly disappointing.

(d) Where this provision has been utilised and as a result another approved fund is determined, access to a further re-appraisal of the fund for the purpose of favouring yet another fund shall not be available until a period of 3 years has elapsed after that utilisation of this provision.

5.6.7 Enrolment

(a) Each employer to whom clause 5.6 applies shall as soon as practicable as to both current and future eligible employees:

(i) Notify each employee of the employee’s entitlement to occupational superannuation;

(ii) Consult as may be necessary to facilitate the selection by employees of an appropriate fund within the meaning of clause 5.6.4. (iii) Take all reasonable steps to ensure that upon the determination of an appropriate fund, each eligible employee receives, completes,

signs and returns the necessary application form/s provided by the employer, to enable that employee to become a member of the fund; and

(iv) Submit completed application form/s and any other relevant material to the trustees of the fund.

(b) Each employee upon becoming eligible to become a member of a fund determined in accordance with clause 5.6 shall:

(i) complete and sign the necessary application form/s to enable that employee to become a member of that fund; and

(ii) return such form/s to the employer within 28 days of receipt of the application form/s in order to be entitled to the benefit of the

contributions prescribed in clause 5.6.2.

(c) Where an employer has complied with the requirements of clause 5.6.7(a) and an eligible employee fails to complete, sign and return the application form/s within 28 days of the receipt by the employee of that form/s, then that employer shall:

(i) Advise the eligible employee in writing of the non-receipt of the application form/s and further advise the eligible employee that

continuing failure to complete, sign and return such form/s within 14 days could jeopardise the employee’s entitlement to the occupational superannuation benefit prescribed by clause 5.6.

(ii) In the event that the eligible employee fails to complete, sign and return such application form/s within the specified period of 14 days

be under no obligation to make any occupational superannuation contributions in respect of such eligible employee excepting as from any subsequent date from which the completed and signed application form/s is received by the employer.

(iii) In the event that the eligible employee fails to return a completed and signed application form/s within a period of 6 months from the

date of the original request by the employer, again advise that eligible employee in writing of the entitlement and that the receipt by the employer of a completed and signed application form/s is a pre-requisite to the payment of any occupational superannuation contributions.

(iv) At the same time as advising the eligible employee pursuant to clause 5.6.7(c)(iii) submit both to the Chief Industrial Inspector,

Brisbane and to the Union a copy of each letter forwarded by the employer to the eligible employee pursuant to clauses 5.6.7(c)(i) and 5.6.7(c)(iii).

(d) Where an employer fails to provide an eligible employee with an application form/s in accordance with clause 5.6.7(a)(iii) the employer shall

be obliged to make contributions as from the date the employee became an eligible employee provided that the eligible employee completes, signs and returns to the employer an application form/s within 28 days of being provided with the application form/s by the employer. Where the eligible employee fails to complete, sign and return an application form/s within such period of 28 days the provisions of clause 5.6.7(c) shall apply.

5.6.8 Unpaid contributions Subject to Chapter 11, Part 2, Division 5 of the Act and to clause 5.6.5, where the discretion of the Commission has been exercised, should it be established that the employer has failed to comply with the requirements of clause 5.6.2 in respect of any eligible employee such employer shall be liable to make the appropriate contributions retrospectively to the date of eligibility of the employee, plus an amount equivalent to the rate of return those contributions would have attracted in the relevant approved fund, or as necessary a fund to be determined by the Commission under clause 5.6.5, had they been paid on the due dates. The making of such contributions satisfies the requirements of clause 5.6 excepting that resort to clause 5.6.8 shall not limit any common law action which may be available in relation to death, disablement or any similar cover existing within the terms of a relevant fund. 5.6.9 Exemptions

(a) An employer may apply to the Commission for exemption from all or any of the provisions of clause 5.6 in the following circumstances:

(i) Incapacity to pay the costs associated with its implementation; or

(ii) Any special or compelling circumstances peculiar to the business of the employer. PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK 6.1 Hours of work 6.1.1 Subject to clause 6.2 the ordinary working hours shall not exceed 40 in any one week and shall be worked in the following manner.

1726 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 6.1.2 Night staff

(a) The ordinary weekly working hours for Night staff shall not exceed 40 in one week to be worked between 11.00 p.m. (Sunday to Thursday inclusive) to 11.00 a.m. (Monday to Friday inclusive). Commencing times may be staggered as determined by the employer.

(b) Night staff are to be paid a Night Work Allowance of 5% over the prescribed Award rate of pay.

6.1.3 Day staff

(a) The ordinary weekly working hours for Day staff shall not exceed 40 in any one week to be worked between 4.00 a.m. and 4.00 p.m., Monday, 5.00 a.m. to 5.00 p.m. Tuesday to Friday inclusive, and 9.00 a.m. to 5.00 p.m. on Saturday. Commencing times may be staggered as determined by the employer.

(b) All work performed by day staff during ordinary hours on Saturday shall be paid for at the rate of time and a-half for the first 4 hours and

double time thereafter. 6.2 Qualifications to hours clause 6.2.1 At the determination of the employer:

(a) Up to 10 hours of ordinary time can be worked on any one day.

(b) Each day’s starting and finishing times of employees may be staggered. 6.2.2 Starting and finishing work Preparation for starting and finishing work is to be in the employee’s time, including washing hands, and changing clothes etc. 6.2.3 Office workers – hours

(a) The ordinary working hours of Office Workers are to be an average of 38 hours per week, to be worked on one of the following bases, most suitable to the particular business, after consultation with and giving reasonable consideration to the employees concerned:

(i) 38 hours within a work cycle not exceeding 7 consecutive days; or (ii) 76 hours within a work cycle not exceeding 14 consecutive days; or (iii) 114 hours within a work cycle not exceeding 21 consecutive days; or (iv) 152 hours within a work cycle not exceeding 28 consecutive days.

(b) Notwithstanding any other provision in clause 6.2.3, where the arrangement of ordinary hours of work provides for a rostered day off, the

employer and the majority of employees concerned, may agree to accrue up to a maximum of 5 rostered days off. Where such agreement has been reached, the accrued rostered days off shall be taken within 12 calendar months of the date on which the first rostered day off was accrued. Consent to accrue rostered days off shall not be unreasonably withheld by either party.

(c) Different methods of implementation of the 38 hour week may apply to individual employees, groups or sections of employees in the

business concerned.

(d) The employer and all employees concerned in each establishment shall consult over the most appropriate means of implementing and working a 38 hour week in accordance with clause 6.2.

(e) The objective of such consultation shall be to reach agreement on the method of implementing and working the 38 hour week in accordance

with clause 6.2.

(f) The outcome of such consultation shall be recorded in writing.

(g) In cases where agreement cannot be reached as a result of consultation between the parties, either party may request the assistance or advice of their relevant employee or employer organisation.

(h) Notwithstanding the consultative procedures outlined above, and notwithstanding any lack of agreement by employees, the employer shall

have the right to make the final determination as to the method by which the 38 hour week is implemented or worked from time to time.

(i) After implementation of the 38 hour week, upon giving 7 days notice or such shorter period as may be mutually agreed upon, the method of working the 38 hour week may be altered, from time to time, following negotiations between the employer and employees concerned, utilising the foregoing provisions of clause 6.2.

6.3 Overtime 6.3.1 Subject to clause 6.3.2 and clause 6.1.3(b), all overtime worked within the spread of ordinary working hours is to be paid for at the rate of time

and a-half for the first 3 hours and double time thereafter. 6.3.2 All time worked outside the spread of ordinary working hours as listed in clause 6.1, shall be paid for at the rate of double time. 6.3.3 Except where otherwise mutually agreed, when overtime is worked for more than 2 hours after the usual ceasing time, not less than one-half hour

shall be allowed for an unpaid meal break, and the employee shall be paid $7.50 meal allowance except when notification of overtime has been given on the previous day.

6.3.4 Except where otherwise mutually agreed, when an employee is required to work overtime for more than 2 hours after the usual ceasing time, and

works through the meal break, payment for such meal break shall be at double time.



6.3.5 Notwithstanding the provisions of clause 6.3.4, an employee may elect, with the agreement of the employer, to take the prescribed meal breaks at the completion of overtime worked.

6.4 Time off in lieu 6.4.1 Upon agreement between the employer and employee the normal time hours equivalent of the overtime hours worked in any pay period can be

given as time off in lieu of payment for such overtime hours worked. 6.4.2 The time when such leave can be taken is to be by mutual agreement between the employee and employer but will be within 3 calendar months of

when the overtime hours for which the time in lieu is being granted was worked 6.5 Meal breaks 6.5.1 Not less than 30 minutes nor more than one hour shall be allowed for a meal break on each day, to be taken as may be arranged between any

employer and their employees: Meal breaks shall be staggered and taken as mutually agreed between the employee and the employer without penalty to the employer.

6.5.2 Night staff are to be allowed a meal break of 30 minutes duration to be taken as may be arranged between any employer and their employees, for

which no deduction shall be made from an employee’s wages. Such meal breaks shall be staggered and taken as mutually agreed between the employee and the employer without penalty to the employer.

6.5.3 Any employee called upon to work through their usual meal break, shall be paid double time for the duration of that meal break. 6.6 Rest pauses 6.6.1 Every employee covered by this Award shall be entitled to a rest pause of 20 minutes duration in the employer’s time, during each shift worked.

Such rest pauses shall be taken at such times as will not interfere with continuity of work where continuity is necessary. 6.6.2 The rest pause and the meal break shall be arranged in such a way that the working hours of each shift are broken up into approximately equal

periods. 6.7 Shift work 6.7.1 Minimum break between shifts An employee shall not start working within 10 hours of finishing their previous shift. 6.7.2 Notice of change An employee is to be given a minimum of 48 hours’ notice of change to their shift or in their usual hours of engagement. By agreement with the employee, the minimum period of notice can be waived. PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 7.1 Annual leave 7.1.1 Every employee, other than a casual employee, shall at the end of each year of employment be entitled to annual leave on full pay of 4 weeks. 7.1.2 Such annual leave shall be exclusive of any public holiday which may occur during the period of that annual leave and (subject to clause 7.1.5)

shall be paid for by the employer in advance. 7.1.3 If the employment of any employee is terminated at the expiration of a full year of employment, the employer shall be deemed to have given the

leave to the employee from the date of the termination of the employment and shall forthwith pay to the employee in addition to all other amounts due, the employee’s pay calculated in accordance with clause 7.1.5, for 4 weeks and also the employee’s ordinary pay for any public holiday occurring during such period of 4 weeks.

7.1.4 If the employment of any employee is terminated before the expiration of a full year of employment, such employee shall be paid in addition to

all other amounts due, an amount equal to 1/12th of the employee’s pay for the period of the employees’ employment calculated in accordance with clause 7.1.5.

7.1.5 Calculation of annual leave pay – In respect to Annual leave entitlements to which clause 7.1 applies, annual leave pay (including any

proportionate payments) shall be calculated as follows: (a) The rate of wage to be paid to all employees shall be the rate payable to them for work in their ordinary time, and including the night shift

loading where applicable, according to the employee’s roster or projected roster.

(b) A further amount calculated at the rate of 17 ½ % of the amount referred to in clause 7.1.5(a). 7.1.6 In the absence of any agreement, a minimum of 14 days notice of the date on and from which the employee’s annual leave is to be taken is to be

given to that employee. 7.1.7 Except as provided in clause 7.1, it shall not be lawful for the employer to give, or for any employee to receive, payment in lieu of annual leave. 7.2 Sick leave 7.2.1 Entitlement

(a) Every employee, except casuals and school-based apprentices and trainees, is entitled to 64 hours’ sick leave for each completed year of their employment with their employer:

Provided that part-time employees accrue sick leave on a proportional basis.


(b) This entitlement will accrue at the rate of 8 hours’ sick leave for each 6 weeks of employment.

(c) Payment for sick leave will be made based on the number of hours which would have been worked if the employee were not absent on sick leave.


(e) Sick leave shall be cumulative, but unless the employer and employee otherwise agree, no employee shall be entitled to receive, and no

employer shall be bound to make, payment for more than 13 weeks’ absence from work through illness in any one year. 7.2.2 Employee must give notice The payment of sick leave is subject to the employee promptly advising their employer of their illness and its expected duration. 7.2.3 Evidence supporting a claim When the employee’s absence is for more than 2 days the employee is required to give their employer a doctor’s certificate, or other reasonably acceptable evidence, about the nature and approximate duration of the illness. 7.2.4 Accumulated sick leave

An employee’s accumulated sick leave entitlements are preserved when:

(a) The employee is absent from work on unpaid leave granted by the employer;

(b) The employer or employee terminates the employee’s employment and the employee is re-employed within 3 months;


The employee accumulates sick leave entitlements whilst absent from work on paid leave granted by the employer. 7.2.5 Workers’ compensation Where an employee is in receipt of workers’ compensation, the employee is not entitled to payment of sick leave. 7.3 Bereavement leave 7.3.1 Full-time and part-time employees Full-time and part-time employees shall, on the death of a member of their immediate family or household in Australia, be entitled to paid bereavement leave up to and including the day of the funeral of such person. Such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in 2 ordinary days of work. Proof of such death is to be furnished by the employee to the satisfaction of the employer. 7.3.2 Long-term casual employees



of employment during a period of at least 1 year immediately before the employee seeks to access an entitlement under clause 7.3.2. 7.3.3 “Immediate family” includes:

(a) A spouse (including a former spouse, a de facto spouse and a former de facto spouse, spouse of the same sex) of the employee; and

(b) A child or an adult child (including an adopted child, a foster child, an ex-foster child, a stepchild or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

7.3.4 Unpaid leave An employee, with the consent of the employer, may apply for unpaid leave when a member of the employee’s immediate family or household in Australia dies and the period of bereavement leave entitlement provided above is insufficient. 7.4 Long service leave 7.4.1 All employees covered by this Award are entitled to long service leave on full pay under, subject to, and in accordance with, the provisions of

Chapter 2, Part 3, sections 42-58 of the Act as amended from time to time. 7.5 Family Leave The provisions of the Family Leave Award apply to and are deemed to form part of this Award. 7.5.1 It is to be noted that:



(a) Maternity leave

(b) Parental leave



(c) Adoption leave

(d) Special responsibility leave for the care and support of the employee’s immediate family or household. 7.6 Training and related matters leave 7.6.1 Upon written application by an employee to the employer, the application being endorsed by the union and given to the employer at least 6 weeks

in advance, such employee may be granted up to 5 working days leave (non-cumulative) on ordinary pay each calendar year to attend such employer or Trade Union Training Australia Incorporated (TUTA) approved/accredited training courses and/or seminars as agreed upon between the Union and the employer. The scope, content and level of such courses or seminars shall be such as to contribute to a better understanding of industrial relations within the employer’s operations.

7.6.2 For the purpose of these provisions “ordinary” pay means at the ordinary weekly rate paid to the employee exclusive of penalty rates or any

allowance for travelling time and fares. 7.6.3 The granting of such leave shall be subject to the following conditions:

(a) The employee must have at least 12 months continuous service with the employer prior to such leave being granted, or be the elected union

delegate with not less than 3 months service.

(b) Unless otherwise agreed, the maximum number of employees of one and the same employer attending a training course or seminar each calendar year will be as follows:

Where the employer employs between 15 – 50 employees ..................................1 Where the employer employs between 51 – 100 employees ................................2 Where the employer employs over 100 employees...............................................4

(c) Clause 7.6 shall not apply to a workplace with less than 15 full-time employees under this Award.

(d) The maximum number of employees from an enterprise attending a training course at the same time shall be one where the employer

employs between 51 – 100 employees, and 2 where the employer employs over 100 employees, unless mutually agreed between the parties.

(e) The elected delegate/representative of the Union will attend in the first instance with any subsequent attendee being a financial member of this Union.

(f) The granting of such leave shall be subject to the convenience of the employer so that the operations of the enterprise will not be adversely

affected.

(g) In granting such paid leave, the employer is not responsible for any additional cost except the payment of extra remuneration where relieving arrangements are instituted by the employer to cover the absence of the employee.

(h) Leave granted to attend such training courses will not incur any additional payment or alternate time off if such course coincides with the

employee’s day off in the 19 day month working arrangements or with any other concessional leave granted or due to be taken.

(i) Such paid leave will not affect other leave granted to employees under this Award.

(j) On completion of the course, the employee shall, upon request, provide to the employer proof of their full-time attendance at the course. Non-attendance, or partial attendance, at the training course will result in the employee not being paid for such time during which the employee was absent.

7.7 Public holidays 7.7.1 An employee (other than a casual employee) who would ordinarily be required to work on a day on which a public holiday falls is entitled to full

pay for the time the employee would ordinarily have been required to perform work on that day. 7.7.2 All work done by any employee on:

– the 1st January; – the 26th January; – Good Friday; – Easter Saturday (the day after Good Friday); – Easter Monday; – the 25th April (Anzac Day); – The Birthday of the Sovereign; – Christmas Day; – Boxing Day; or – any day appointed under the Holidays Act 1983, to be kept in place of any such holiday

will be paid for at the rate of double time and a-half with a minimum of 4 hours.

7.7.3 Labour Day All employees covered by this Award shall be entitled to be paid a full day’s wage for Labour Day (the first Monday of May or other day appointed under the Holidays Act 1983, to be kept in place of that holiday) irrespective of the fact that no work may be performed on such day, and if any employee concerned actually works on Labour Day, such employee shall be paid a full day’s wage for that day and in addition a payment for the time actually worked by him at one and a-half times the ordinary rates prescribed for such work with a minimum of 4 hours. 7.7.4 Annual show All work done by employees in a district specified from time to time by the Minister by notification published in the Industrial Gazette on the day appointed under the Holidays Act 1983, to be kept as a holiday in relation to the annual agricultural, horticultural or industrial show held at the principal city or town, as specified in such notification, of such district shall be paid for at the rate of double time and a-half with a minimum of 4 hours. No employee shall be entitled to receive more than one day per year as Show Day.

1730 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 7.7.5 Double time and a-half For the purposes of this provision, where the rate of wages is a weekly rate, “double time and a-half” means one and one-half day’s wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day. 7.7.6 Stand down An employee, other than a casual employee, who:

(a) is dismissed or stood down by the employer during the month of December in any year;

(b) is re-employed by that employer at any time before the end of the month of January in the next succeeding year; and

(c) had been employed by that employer for a continuous period of 2 weeks or longer immediately prior to being dismissed or stood down; shall be paid by the employer (at the ordinary rate payable to that employee when so dismissed or stood down) for any one or more of the holidays Christmas Day, Boxing Day, and the 1st January occurring during the period on and from the date of the dismissal or standing down to and including the date of re-employment. 7.7.7 Other arrangements for pay for work on holidays An employer and employee may agree that the employee shall be paid half time only for work performed on the public holiday in addition to the full day’s wage to which the employee is entitled, and may take equivalent time in lieu at a mutually agreed time, within 28 days of such public holiday. PART 8 – TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK No provisions inserted in this Award relevant to this Part. PART 9 – TRAINING AND RELATED MATTERS 9.1 Education and training 9.1.1 The parties to this Award recognise that in order to increase the efficiency, productivity and international competitiveness of industry, a greater

commitment to training and skill development is required. Accordingly, the parties commit themselves to:

(a) developing a more highly skilled and flexible workforce.

(b) providing employees with career opportunities through appropriate training to acquire additional skills; and

(c) removing barriers to the utilisation of skills acquired. 9.1.2 All Brismark training courses prescribed in the Award shall be available to employees during the spread of hours defined in clause 6.1. 9.1.3 Any attendance by an employee at a similar external course, with relevant content, may be given consideration for credits of particular units in a

Brismark course. 9.1.4 Employees will nominate for attendance at Brismark’s prescribed training courses through their employers, who will evaluate the suitability of the

employee for such nomination. 9.1.5 The employer has the right to refuse an employee attendance at a training course which is being conducted during that employee’s ordinary time

hours, if such attendance is deemed to be inappropriate or unsuitable to the ongoing operations of the business and/or the advancement prospects of the employee.

9.1.6 Education and training programmes may be undertaken either on or off the job, provided that if the training is undertaken during ordinary

working hours the employee concerned shall not suffer any loss of pay. 9.1.7 Any cost associated with standard fees for prescribed courses and prescribed textbooks (including those textbooks which are available in the

employer’s technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Reimbursement shall be done on an annual basis subject to the presentation of reports of satisfactory progress and/or completion of the training programme.

9.1.8 Travel costs incurred by an employee undertaking training in accordance with clause 9.1, which exceed those normally incurred in traveling to

and from work, shall be reimbursed by the employer. 9.2 Training Committee 9.2.1 The Queensland Chamber of Fruit and Vegetable Industries Co-operative (Union of Employers) Limited shall be responsible for the

establishment of a training committee to oversee the implementation and ongoing development and review of the training programs described in this Award.

9.2.2 The training committee will provide input as required to ensure that training programs are consistent with:

(a) the current and future skill needs of the majority of Market enterprises;

(b) the size, structure and nature of the majority of operations of Market enterprises; and (c) the need to develop vocational skill relevant to the majority of Market enterprises.

9.2.3 The training committee is to be constituted by equal numbers of employer and employee representatives and is to have the following charter.

(a) Contributing to the training policy of the Brismark Education and Training Service.



(b) Reviewing training programmes so as to ensure their ongoing effectiveness. (c) Assisting and guiding the development of new training programmes to meet the needs and skill requirements of Market employees. (d) Assisting and advising the Brismark Education and Training Officer in promoting the awareness of training programmes and in the

interpretation of training policy. PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES 10.1 Amenities Amenities and physical working conditions shall be provided in accordance with the Workplace Health and Safety Act1995, as amended or replaced from time to time. PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Preamble Clauses 11.1 and 11.2 replicate legislative provisions contained within the Act. In order to ensure the currency of existing legal requirements parties are advised to refer to sections 366, 372 and 373 of the Act as amended from time to time. 11.1 Right of entry 11.1.1 Authorised industrial officer

(a) An “Authorised industrial officer” is any Union official holding a current authority issued by the Industrial Registrar.




(ii) shows their authorisation upon request.









(iii) has made a written request to the employer that the employee does not want that employee’s record inspected. (c) The authorised industrial officer may make a copy of the record, but cannot require any help from the employer.

(d) A person must not coerce an employee or prospective employee into consenting, or refusing to consent, to the inspection of their records by

an authorised industrial officer. 11.1.4 Discussions with employees An authorised industrial officer is entitled to discuss with the employer, or a member or employee eligible to become a member of the Union:






(c) the name of the award under which the employee is working;




(f) the gross and net wages paid to the employee;

(g) details of any deductions made from the wages; and

(h) contributions made by the employer to a superannuation fund.








11.2.3 The employer must keep the record for 6 years. 11.2.4 Such records shall be open to inspection during the employer’s business hours by an Inspector of the Department of Industrial Relations, in

accordance with section 371 of the Act or an authorised industrial officer in accordance with sections 372 and 373 of the Act. Dated 13 March 2003. By the Commission, [L.S.] E. EWALD, Industrial Registrar.

Operative Date: 12 May 2003

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CEMENT INDUSTRY AWARD - STATE

(No. AR198 of 2002) DEPUTY PRESIDENT SWAN COMMISSIONERS EDWARDS AND BECHLY 13 March 2003


CEMENT INDUSTRY AWARD – STATE 2003 PART 1 – APPLICATION AND OPERATION 1.1 Title This Award is known as the Cement Industry Award – State 2003. 1.2 Arrangement Subject Matter Clause No. PART 1 – APPLICATION AND OPERATION Title ................................................................................................................................................................................................................................1.1 Arrangement...................................................................................................................................................................................................................1.2 Date of operation............................................................................................................................................................................................................1.3 Coverage ........................................................................................................................................................................................................................1.4 Definitions......................................................................................................................................................................................................................1.5 Area of operation ...........................................................................................................................................................................................................1.6 Parties bound..................................................................................................................................................................................................................1.7 PART 2 – FLEXIBILITY Enterprise flexibility ......................................................................................................................................................................................................2.1 PART 3 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION Grievance and dispute settling procedure......................................................................................................................................................................3.1



Subject Matter Clause No. PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Employment categories..................................................................................................................................................................................................4.1 Part-time employment....................................................................................................................................................................................................4.2 Casual employment........................................................................................................................................................................................................4.3 Short term employment .................................................................................................................................................................................................4.4 Probationary period........................................................................................................................................................................................................4.5 Employee to work as directed........................................................................................................................................................................................4.6 Skills training .................................................................................................................................................................................................................4.7 Anti-discrimination ........................................................................................................................................................................................................4.8 Stand down.....................................................................................................................................................................................................................4.9 Termination of employment ..........................................................................................................................................................................................4.10 Introduction of changes..................................................................................................................................................................................................4.11 Redundancy....................................................................................................................................................................................................................4.12 Abandonment of employment .......................................................................................................................................................................................4.13 Continuity of service – transfer of calling .....................................................................................................................................................................4.14 PART 5 – WAGES AND WAGE RELATED MATTERS Wage rates......................................................................................................................................................................................................................5.1 Allowances.....................................................................................................................................................................................................................5.2 Payment of wages ..........................................................................................................................................................................................................5.3 Superannuation...............................................................................................................................................................................................................5.4 PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK Hours of work ................................................................................................................................................................................................................6.1 Rostered days off ...........................................................................................................................................................................................................6.2 Meal breaks / rest pauses ...............................................................................................................................................................................................6.3 Overtime.........................................................................................................................................................................................................................6.4 Shift work.......................................................................................................................................................................................................................6.5 PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Annual leave ..................................................................................................................................................................................................................7.1 Sick leave .......................................................................................................................................................................................................................7.2 Bereavement leave .........................................................................................................................................................................................................7.3 Long service leave .........................................................................................................................................................................................................7.4 Family leave...................................................................................................................................................................................................................7.5 Public holidays...............................................................................................................................................................................................................7.6 Jury service ....................................................................................................................................................................................................................7.7 PART 8 – TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK Travel time .....................................................................................................................................................................................................................8.1 PART 9 – TRAINING AND RELATED MATTERS Commitment to training.................................................................................................................................................................................................9.1 PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES Safety..............................................................................................................................................................................................................................10.1 Protective Apparatus......................................................................................................................................................................................................10.2 Safety footwear ..............................................................................................................................................................................................................10.3 Protective clothing .........................................................................................................................................................................................................10.4 Safety spectacles ............................................................................................................................................................................................................10.5 Work in rain ...................................................................................................................................................................................................................10.6 Entering mills, kilns and chambers................................................................................................................................................................................10.7 PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Right of entry .................................................................................................................................................................................................................11.1 Time and wage records ..................................................................................................................................................................................................11.2 Trade union training leave .............................................................................................................................................................................................11.3 Posting of award ............................................................................................................................................................................................................11.4 Union encouragement ....................................................................................................................................................................................................11.5 Schedules Wages – Cement Industry Employees – Other than North Australian Cement Ltd ........................................................................................................................................................................................... 1 Wages – North Australian Cement Limited ..................................................................................................................................................................... 2 Queensland Cement Limited, Central Queensland Cement Pty Ltd................................................................................................................................ 3 1.3 Date of operation This Award takes effect from 12 May 2003.

1734 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 1.4 Coverage 1.4.1 This Award shall apply to all employers and their employees employed on work in or in connection with or incidental to the manufacture and/or

handling of cement, clinker, blast furnace slag, fly-ash, lime and hydrated lime within production establishments, on work in or in connection with or incidental to the distribution of cement, clinker, blast furnace slag, fly-ash, lime and hydrated lime out of production establishments, on work in or in connection or incidental to the receival of and or the distribution of cement into or from bulk silos and in addition shall apply to all employers and their employees employed on work in or in connection with or incidental to the quarrying, crushing and/or handling of limestone (including all work in or in connection with the pumping of slurried limestone) and/or the dredging and/or handling of coral where these aforementioned materials are to be used in the production of cement.

1.4.2 This Award shall not apply, except clause 5.4 (Superannuation) and clauses included in Part 7 (leave of Absence and Public Holidays), where the

Union and the employer have agreed to exempt certain employees or groups of employees. 1.5 Definitions 1.5.1 The “Act” means the Industrial Relations Act 1999 as amended or replaced from time to time. 1.5.2 “Commission” means the Queensland Industrial Relations Commission. 1.5.3 “Union” means:

(a) The Australian Workers’ Union of Employees, Queensland; or (b) The Federated Engine Drivers’ and Firemens’ Association of Australasia Queensland Branch, Union of Employees; or (c) The Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative

Branch, Union of Employees; or (d) The Federated Clerks’ Union of Australia, North Queensland Branch, Union of Employees.

1.6 Area of operation For the purposes of this Award, the Divisions and Districts are as follows: 1.6.1 Divisions

Northern Division – That portion of the State along or north of a line commencing at the junction of the sea-coast with the 21st parallel of south latitude; then by that parallel of latitude due west to 147 degrees of east longitude; then by that meridian of longitude due south to 22 degrees 30 minutes of south latitude; then by that parallel of latitude due west to the western border of the State. Mackay Division – That portion of the State within the following boundaries: Commencing at the junction of the sea-coast with the 21st parallel of south latitude; then by that parallel of latitude due west to 147 degrees of east longitude; then by that meridian of longitude due south to 22 degrees of south latitude; then by that parallel of latitude due east to the sea-coast; then by the sea-coast northerly to the point of commencement. Southern Division – That portion of the State not included in the Northern or Mackay Divisions.

1.6.2 Districts

(a) Northern Division: Eastern District – That portion of the Northern Division along or east of 144 degrees 30 minutes of east longitude. Western District – The remainder of the Northern Division. (b) Southern Division: Eastern District – That portion of the Southern Division along or east of a line commencing at the junction of the southern border of the State

with 150 degrees of east longitude; from that longitude due north to 25 degrees of south latitude; from that latitude due west to 147 degrees of east longitude; from that longitude due north to the southern boundary of the Mackay Division.

Western District – The remainder of the Southern Division.

1.7 Parties bound This Award is legally binding upon the employees as prescribed by clause 1.4 and their employers, and The Australian Workers’ Union of Employees, Queensland; and the Federated Engine Drivers’ and Firemens’ Association of Australasia Queensland Branch, Union of Employees, the Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees and the Federated Clerks’ Union of Australia, North Queensland Branch, Union of Employees and their members. PART 2 – FLEXIBILITY 2.1 Enterprise flexibility 2.1.1 As part of a process of improvement in productivity and efficiency, discussion should take place at each enterprise to provide more flexible




submitted to the Commission in accordance with the requirements of the Act and is to have no force or effect until approval is given.



PART 3 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 3.1 Grievance and dispute settling procedure The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and an employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees. 3.1.1 In the event of an employee having a grievance or dispute the employee shall in the first instance attempt to resolve the matter with the immediate






3.1.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 3.1.2, the matter shall, in the case of a member of a Union, be

reported to the relevant officer of that Union and the senior management of the employer or the employer’s nominated industrial representative. An employee who is not a member of the Union may report the grievance or dispute to senior management or the nominated industrial representative. This should occur as soon as it is evident that discussions under clause 3.1.2 will not result in resolution of the dispute.







PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 4.1 Employment categories

4.1.1 Employees (other than casuals) covered by this Award shall be advised in writing of their employment category upon appointment.


(a) Full-time; (b) Part-time (as prescribed in clause 4.2); or

(c) Casual (as prescribed in clause 4.3).

Except as provided in clauses 4.3 and 4.5, employment shall be weekly.

4.2 Part-time employment 4.2.1 A part-time employee is one other than a casual employee engaged to perform hours less than those prescribed in clause 6.1.

The following conditions shall apply to part-time employees:

(a) The spread of ordinary working hours shall be the same as those prescribed for full-time employees. (b) The number of ordinary working hours in any one week shall not be less than 16 and shall not exceed 32:

Provided that the ordinary hours may be varied in accordance with the following: (i) where an employee requests and the employer agrees, a part-time employee may be employed for less than 15.2 hours but not less than

4 hours per week; and (ii) where there is mutual agreement, a part-time employee may work more than 32 ordinary hours per week but less than 37 hours per

week; and (iii) where agreement is reached is relation to clauses 4.2.1(b)(i) and 4.2.1(b)(ii) such agreement shall be recorded in writing.

(c) The ordinary daily working hours shall be worked continuously, excluding meal breaks, and shall not be less than 4 hours or more than 8

hours per day.


(d) Employees shall be paid an hourly rate equal to the appropriate weekly rate divided by 38. (e) Where appropriate, a part-time employee shall be entitled to a proportionate amount of the benefits of Part 7 and clause 4.12 (Redundancy) of

this Award. (f) In each instance the proportionate entitlement shall be determined by dividing the average number of hours worked each week by 38.

4.2.2 Employees who work a minimum of 4 consecutive hours on any day shall be entitled to a rest pause of 10 minutes’ duration without loss of pay.

Such rest pause shall be taken at such times as will not interfere with the continuity of work where continuity in the opinion of the employer is necessary.

4.2.3 Subject to the provisions in clause 4.2 all other provisions of the Award relevant to full-time employees shall apply to part-time employees. 4.3 Casual employment 4.3.1 A casual employee is one engaged and paid as such. A casual employee will be one engaged on an hourly basis and for working ordinary time

will be paid a rate calculated in accordance with the following formula:

Weekly wage prescribed x 1.23 divided by 38 4.3.2 A casual employee will not be entitled to the benefits of part 5 of this Award nor to the benefits of clauses 4.12 (Redundancy), clause 5.4

(Superannuation) or clause 6.2 (Rostered days off). 4.3.3 The employment of a casual employee may be terminated by the giving of one hour’s notice by either party at any time. 4.4 Short term employment 4.4.1 It is recognised from time to time to meet market demands, the employer may need to engage employees on a short-term basis. 4.4.2 Without prejudicing any other rights of any party to this Award, an employer may engage an employee under clause 4.4 for an initial term not to

exceed 6 months, with an extension of employment not to exceed a further 6 months. 4.4.3 At the time of employment, such an employee will be advised in writing of the temporary nature of the employment. 4.4.4 An employee during a short-term employment period will not be entitled to the benefits of clause 4.12 (Redundancy) however, should

employment be continued beyond that period all continuous service will be recognised for the purpose of entitlements to Redundancy. 4.5 Probationary period 4.5.1 The employer may engage an employee other than a casual employee on probation for a period not exceeding 3 months during which time the

contract of employment may be terminated by:

(a) The employee by the giving of 2 days’ notice or the forfeiture of 2 days’ pay in lieu of notice; or (b) The employer by the payment of 2 days’ pay in lieu of notice.

4.6 Employee to work as directed 4.6.1 The employer may direct an employee to carry out such duties as are reasonably within the limits of the employee’s skill, competence and

training consistent with the classification structure of this Award provided that such duties are not designed to promote deskilling. 4.6.2 An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee

has been properly trained in the use of such tools and equipment. 4.6.3 Any direction issued by the employer pursuant to clauses 4.6.1 and 4.6.2 shall be consistent with the employers responsibility to provide a safe

and healthy working environment. 4.7 Skills training The training of other employees in skills possessed by an employee shall be part of the scope of work of each employee. 4.8 Anti-discrimination 4.8.1 It is the intention of the parties to this Award to prevent and eliminate discrimination, as defined by the Anti-Discrimination Act 1991 and the






involved in a complaint of unlawful discrimination or harassment.



4.8.4 Nothing in clause 4.8 is to be taken to affect:


(b) an employee, employer or registered organization, pursuing matters of discrimination, including by application to the Human Rights and Equal Opportunity Commission/Anti-Discrimination Commission Queensland.

4.9 Stand-down The employer may stand-down any employee without pay on any day or for part of any day on which the employee cannot be usefully employed because of the occurrence of anything for which the employer is not responsible or over which the employer has no control. 4.10 Termination of employment 4.10.1 Statement of employment The employer shall, in the event of termination of employment, provide upon request to an employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee. 4.10.2 Termination by employer



not more than 1 year.............................................................................................. 1 week more than 1 year, but not more than 3 years..........................................................2 weeks more than 3 years, but not more than 5 years ........................................................3 weeks more than 5 years ...................................................................................................4 weeks

(b) In addition to the notice in clause 4.10.2(a), employees over 45 years of age at the time of giving of notice and with not less than 2 years’

continuous service, shall be entitled to an additional week’s notice. (c) Payment in lieu of notice shall be made if the appropriate notice is not given:

Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. (d) In calculating any payment in lieu of notice the ordinary time rate of pay for the employee concerned shall be used. (e) The period of notice in clause 4.10.2 shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or

in the case of casual employees, or employees engaged for a specific period of time or for a specific task or tasks. (f) Probationary employees may be terminated in accord with clause 4.5.

4.10.3 Notice of termination by employee To terminate the contract of employment a full-time or part-time employee must give at least one week’s notice or forfeit a maximum of one week’s pay in lieu thereof. 4.11 Introduction of changes 4.11.1 Employer’s duty to notify


(b) “Significant effects” include termination of employment, major changes in the composition, operation or size of the employer’s workforce or






to in clause 4.11.1. (c) For the purpose of such discussion, the employer shall provide in writing to the employees concerned and their Union, all relevant

information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees:


1738 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 4.12 Redundancy An employee, other than a casual employee or a short term employee engaged under the provisions of clause 4.4, shall be entitled to redundancy provisions in accordance with Industrial Agreement No. A35 of 1992 (Cement Industry Redundancy Agreement – 1992 – Industrial Agreement). 4.13 Abandonment of employment 4.13.1 The unauthorised absence of an employee from work for a continuous period exceeding 3 working days shall be prima facie evidence that the

employee has abandoned employment. 4.13.2 Termination of employment by abandonment in accordance with clause 4.13 shall operate in accordance with clause 4.10 from the date of the last

attendance at work or the last day’s absence in respect of which consent was granted by the employer, whichever is the later. 4.13.3 Calculation of time

(a) The employer shall select and utilise for timekeeping purposes a time period of either 6 or 15 minutes and may apply such proportion in the calculation of the working time of an employee who, without reasonable cause, promptly communicated, reports for duty after the appointed starting time or ceases duty before the appointed finishing time.

(b) The employer shall adopt the same proportion for the calculation of overtime.

4.14 Continuity of service – transfer of calling In cases where a transfer of calling occurs, continuity of service should be determined in accordance with sections 67-71 of the Act as amended from time to time.

PART 5 – WAGES AND WAGE RELATED MATTERS 5.1 Wage rates 5.1.1 Wages payable under this Award are shown in schedules attached to this Award as follows:

(a) Schedule 1 – Cement Industry employees – Other than North Australian Cement Ltd. (b) Schedule 2 – North Australian Cement Limited. (c) Schedule 3 – Queensland Cement Limited Central Queensland Cement Pty. Ltd.

5.1.2 It is recognised by the parties that these schedules of wages are an interim step in the development of a single broad skills based classification structure which is to be developed by the parties to this Award.

5.2 Allowances 5.2.1 Disability allowance In addition to the weekly wages prescribed in clause 5.1, employees shall be paid an all purpose disability allowance of $26.20 which shall be in full compensation for all disabilities associated with or incidental to the work covered by this Award.

5.2.2 Travel allowance An employee who is required to work away from the normal place of work and who uses a private motor car or motor cycle to travel shall be entitled to an allowance for the use of that vehicle. This allowance shall be paid for the distance travelled in excess of that which the employee would normally travel between the employee’s usual place of residence and the usual place of employment.

Motor cycle: $0.1747 per kilometre or part thereof. Motor car: $0.2924 per kilometre or part thereof.

5.2.3 First aid allowance Where the employer appoints as a first aid attendant, an employee who is the holder of a current appropriate first aid certificate, that employee shall be paid an additional $10.70 each week in which the employee works 3 days or more. 5.3 Payment of wages The employer shall pay wages on a fortnightly basis by bank transfer or by electronic funds transfer to an account nominated by the employee to the employer without cost to the employee.

5.4 Superannuation 5.4.1 Eligible employees (as defined in clause 5.4.2) shall be entitled to occupational superannuation subject to the terms and conditions of clause 5.4. 5.4.2 “Eligible employee” means an employee engaged for 50 hours in any 4 week period under the terms and conditions of this Award.

5.4.3 Notwithstanding the foregoing, employees engaged by the employer for work experience during University/TAFE/CAE vacations shall not be

regarded as employees for the purposes of clause 5.4.

5.4.4 “The Plan” means the Queensland Cement Limited Superannuation Fund, or any other approved fund.



(a) The employer shall contribute to the plan on behalf of an eligible employee an amount calculated at 3% of the total of the basic Award wage rate and disability allowance.

(b) The contribution amount as prescribed in clause 5.4.4(a) shall be adjusted with movements to the basic Award rate and the disability

allowance as determined from time to time by the Commission. (c) The employer may suspend for the applicable period contributions made on behalf of an employee if the employee is absent from the

workplace other than for annual leave, long service leave, public holidays, sick leave, workers’ compensation or other authorised absences. (d) The employer shall remit contributions on a monthly basis. (e) The employer and employee may agree to have the employee’s superannuation contributions made to an approved superannuation fund, other

than those specified in this Award. (i) Any such agreement must be recorded in writing and signed by the employer and employee and kept on the employee’s file. (ii) A person must not coerce someone else to make an agreement. (iii) Such agreement, where made, will continue until such time as the employer and employee agree otherwise, and shall be made

available to relevant persons for the purposes of sections 371 and 373 (inspection of time and wage records) of the Act. (iv) Any dispute arising out of this process will be handled in accordance with the grievance and dispute settling procedure as contained in

clause 3.1. 5.4.5 Eligible employees shall participate in the plan immediately upon engagement by the employer. 5.4.6 No additional amounts shall be paid by the employer for the establishment, administration, management or any other charges in connection with

the plan. PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK 6.1 Hours of work 6.1.1 Day workers

(a) Subject to exceptions provided elsewhere in this Award, the ordinary hours of work for day workers shall be worked on one of the following bases so as to average 38 hours each week:

(i) 38 hours within a work cycle of 7 consecutive days; or (ii) 76 hours within a work cycle of 14 consecutive days; or (iii) 114 hours within a work cycle of 21 consecutive days; or (iv) 152 hours within a work cycle of 28 consecutive days.

(b) The ordinary hours of work prescribed may be worked on any 5 consecutive days in the week, Monday to Sunday inclusive, subject to the

following:

(i) Ordinary hours worked on a Saturday or Sunday shall be paid at the appropriate week-end overtime rate specified in clause 6.4 (Overtime).

(ii) Any arrangement of hours which includes a Saturday or Sunday as ordinary hours shall be subject to agreement between the employer

and the majority of employees concerned. (iii) In any arrangement of hours which includes a Saturday or Sunday as ordinary hours, the Chief Industrial Inspector and the relevant

Union shall be notified in writing within 14 days of commencement of work under such arrangement.

(c) The ordinary hours of work prescribed herein shall be worked continuously, except for meal breaks and rest pauses, between 6.00 a.m. and 6.00 p.m. The spread of hours prescribed herein may be altered as to all or a section of employees provided there is agreement between the employer and the majority of employees concerned:

Provided further that work done outside the hours of 6.00 a.m. and 6.00 p.m. shall be paid at overtime rates and will be deemed to be part of

the ordinary hours of work for the purposes of clause 6.1.1.

(d) The ordinary starting and finishing times of various groups of employees or individual employees, may be staggered, provided that there is agreement between the employer and the majority of employees concerned.

(e) The ordinary hours of work prescribed herein shall not exceed 10 hours on any day:

Provided that where the ordinary working hours are to exceed 8 on any day, the arrangement of hours shall be subject to the agreement of the employer and the majority of employees concerned:

Provided further that where any arrangement of ordinary hours exceeds 8 on any day, the Chief Industrial Inspector and the relevant union

shall be notified in writing within 14 days of commencement of work under such arrangement.

By arrangement between an employer, the relevant Union and the majority of employees in the plant or work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to:

(i) the employer and the employee concerned being guided by the occupational health and safety provisions of the ACTU Code of

Conduct on 12 hours shifts;


(ii) proper health monitoring procedures being introduced; (iii) suitable roster arrangements being made; and (iv) proper supervision being provided.

(f) Employees are required to observe the nominated starting and finishing times for the work day, including designated breaks to maximise

available working time. Preparation for work and cleaning up of the employee’s person shall be in the employee’s time. 6.2 Rostered days off 6.2.1 Except as provided in clause 6.2.7 for the purpose of providing a working week which averages 38 ordinary hours, an employee shall be rostered

off duty on a Monday or a Friday during each 4 week cycle. Where such a Monday or Friday falls on a gazetted public holiday, the succeeding or preceding ordinary working day shall substitute for the

Monday or Friday, as the case may be. 6.2.2 Except as provided in clause 6.2.3, an employee will be given at least 2 weeks’ notice of the week day on which the employee is to be rostered off

duty. 6.2.3 The employer may require an employee to substitute the rostered day off for another day in the case of a break-down of machinery or failure or

shortage of electric power, or to meet the requirements of the business (including the necessity to work shifts so as to provide continuity of production) or some other emergency situation.

6.2.4 An employee with the agreement of the employer may substitute a day on which the employee is rostered off duty for another day within the same

4 week cycle. 6.2.5 When an employee is required to work in accordance with clause 6.2.3, the employee, where practicable shall be given a substitute rostered day

off before the next scheduled rostered day off becomes due or may accumulate the rostered day off in accordance with clause 6.2.6.

Where it is not practicable to provide such an employee with an alternative rostered day off, the employee will be paid overtime for that work as if that work was performed on a Saturday.

6.2.6 Notwithstanding any other provision of clause 6.2, the employer and the employee may agree to accrue up to a maximum of 5 rostered days off.

Where such agreement has been reached, the accrued rostered days off shall be taken within 12 calendar months of the date on which the first rostered day off was accrued. Consent to accrue rostered days off shall not be unreasonably withheld by either party.

6.2.7 An employee shall not be entitled to paid leave for any purpose, for any absence which is the employee’s rostered day off duty. 6.3 Meal breaks/rest pauses 6.3.1 Day workers

(a) Except as provided elsewhere in clause 6.3.1, a meal break for a period of not less than 30 minutes shall be taken during the day and shall be unpaid. No employee shall be required to work for more than 6 hours without a break for a meal.

(b) Where practicable, an employee will also be entitled to 2 rest pauses, each of not more than 10 minutes’ duration without loss of pay during

the working day to be taken on the job at such time as to not interfere with the continuity of work where such continuity is necessary. (c) Notwithstanding clause 6.3.1(b) by agreement between the employer and majority of employees concerned, the rest pauses may be combined

into one 20 minute rest pause to be taken in the first part of the ordinary working day, with such 20 minute rest pause and the meal break arranged in such a way that the ordinary working day is broken into 3 approximately equal working periods.

6.4 Overtime 6.4.1 Overtime is that work performed in excess of or outside the ordinary hours prescribed in clause 6.1.1 and clause 6.5.2 and in the case of a shift

worker includes works on a shift other than a rostered shift. 6.4.2 When so required by the employer, an employee shall work a reasonable amount of overtime. 6.4.3 Assignment of overtime shall be based on specific work requirements. 6.4.4 Payment for overtime work

(a) An employee, shall be paid for all overtime worked on a Sunday at double time with a minimum of 3 hours work or payment therefore. (b) An employee other than a shift worker shall be paid for overtime worked on any day Monday to Saturday inclusive, at the rate of time and

one-half for the first 3 hours and double time thereafter, such double time to continue until the completion of the overtime work. (c) An employee who works as a shift worker shall be paid for all overtime at the rate of double time. (d) In calculating for overtime work, each day’s work shall stand alone except that work extending beyond midnight shall be deemed to be work

of the day on which the overtime commenced. 6.4.5 Crib breaks Employees who are required to continue work after their usual ceasing time shall be entitled to a 30 minute crib-break after 2 hours, or after one hour if overtime continues beyond 6.00 p.m. After each further period of 4 hours work, the employee shall be allowed 45 minutes for crib, however, should an employee so elect, a period of 30 minutes for cribs may be substituted. No deduction of pay shall be made in respect of any such crib-breaks.



6.4.6 Meals and meal allowance during overtime An employee required to work overtime after the usual ceasing time shall, if entitled to a crib-break, be supplied by the employer with a reasonable meal or be paid an allowance of $7.50 in lieu of that meal.

Where an employee has provided a meal because of prior advice of overtime work, and that overtime is not worked or ceases before the meal time, the employee shall be entitled to payment of $7.50 for each meal so provided. 6.4.7 Rest period after overtime

(a) When overtime work is necessary, it shall wherever reasonably practicable be so arranged that an employee has 10 consecutive hours off duty between the work of successive days.

(b) Except as provided in clauses 6.4.7 (c) and (d) an employee who works so much overtime that the employee does not have at least 10

consecutive hours off duty between the completion of ordinary time work on one day and the commencement of ordinary time work on the next day shall, subject to clause 6.4.7, be released after the completion of the overtime work until 10 consecutive hours off duty have been taken. Any absence during ordinary time for the purpose of taking this 10 hour break shall be without the loss of pay.

(c) If on the instructions of the employer such an employee resumes or continues work without having had 10 consecutive hours off duty, that

employee shall be paid double rates until released from duty for such period. (d) The provisions of clause 6.4.7(b) shall not apply to an employee recalled to work overtime whether on one or more occasions when that

employee works less than a total of 3 hours. (e) 8 hours shall be substituted for 10 hours in clause 6.4.7(b) when overtime is worked by a shift worker:

(i) by arrangement between the employees themselves. (ii) for the purpose of effecting the rotation of shifts. (iii) who is required to replace a shift worker who does not report for duty.

6.4.8 Recall to work

(a) Except as provided in clause 6.4.7(b), an employee recalled to work overtime on a Monday, Tuesday, Wednesday, Thursday or Friday after leaving the employer’s premises (and not having been notified of such recall prior to so leaving) shall be paid for a minimum of 4 hours at overtime rates for each time the employee is so recalled; provided that except in the case of unforeseen circumstances arising, the employee shall not be required to work the full 4 hours if the job the employee was recalled to perform is completed within a shorter period. An unforeseen circumstance would include but not be limited to a further breakdown of equipment after an employee has been recalled and before the employee has left the employer’s premises.

(b) Clause 6.4.8(a) shall not apply:

(i) In cases where it is customary for an employee to return to the employer’s premises for periods to perform a specific job outside the

ordinary hours of the employee, or (ii) Where the overtime is continuous (subject to a meal break where appropriate) with the commencement of ordinary working time.

(c) Where the actual time worked is less than 2 hours on a recall or a total of less than 3 hours when an employee is recalled on more than one

occasion between the ordinary hours of successive days, time worked in the circumstances specified in clause 6.4.8 shall not be regarded as a work period for the purposes of clause 6.4.

(d) When an employee uses a private vehicle in accordance with clause 6.4.8, an allowance shall be paid for each necessary journey at the rate

provided in clause 5.2.2. 6.5 Shift work 6.5.1 Definitions Rostered shift shall mean a shift of which the employee concerned has had at least 48 hours’ notice. 6.5.2 Hours of work

(a) The ordinary hours of work for shift workers shall be in accordance with rosters agreed between the employer and the branch secretary of the relevant Union.

(b) Should a day or shift be worked through midnight, the day on which the major part of the shift falls will be regarded as the day on which the

shift is worked. Should a shift be evenly divided by midnight, the day on which the shift commenced will be regarded as the day on which the shift is worked. (c) Notwithstanding anything contained elsewhere in clause 6.5.2, an employer and the relevant Union may enter into arrangements for all types

of work or work scheduling, including 12 hour shifts. 6.5.3 Crib breaks, rest pauses

(a) A shift worker shall be allowed a 30 minute paid crib break to be taken during the shift at a time co-ordinated by the shift supervisor. Such crib break will be taken at a time so as to not interfere with the continuity of work.


(b) Where practicable a shift worker will be entitled to take without loss of pay 2 rest pauses each of not more than 10 minutes’ duration during each shift to be taken on the job at such time as to not interfere with the continuity of work.

(c) By agreement between the shift workers and the shift supervisor, an arrangement varying the provisions of clause 6.5.3 may be made

provided the combined time for the breaks does not exceed 50 minutes. (d) In the event that the need for continuity of work does require a shift worker to forego one or both rest pauses, the additional time worked shall

be paid at the rate of double time. 6.5.4 Shift allowance Except as provided in clause 6.5.5 an employee working ordinary hours on a rostered afternoon or night shift shall be paid a shift allowance of 15% of the ordinary rate. This allowance shall not apply to overtime calculations. 6.5.5 Week-end payments for shift workers

An employee who works on a rostered shift shall be paid for ordinary hours worked on week-ends as follows:

(a) midnight Friday to midnight Saturday – one and one-half times the ordinary rate; (b) midnight Saturday to midnight Sunday – double the ordinary rate.

PART 7 –LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

7.1 Annual leave 7.1.1 Every employee (other than a casual employee) shall at the end of each year of employment be entitled to annual leave on full pay as follows:

(a) not less than 5 weeks if employed on continuous shift work where 3 shifts per day are worked over a period of 7 days per week; and

(b) not less than 4 weeks in any other case. 7.1.2 Such annual leave shall be exclusive of any public holiday which may occur during the period of that annual leave and (subject to clause 7.1.7)


(a) In the case of an employee who immediately before taking such leave is in receipt of ordinary pay at a rate in excess of the ordinary rate payable under this Award, at the rate of such ordinary pay.

(b) In the case of any other employee, at the ordinary rate of pay payable to the employee under this Award immediately before such leave is

taken. 7.1.3 If the employment of any employee is terminated at the expiration of a full year of employment, the employer shall be deemed to have given the

annual leave to the employee from the date of termination of the employment and shall forthwith pay to the employee in addition to all other amounts due to the employee, payment calculated in accordance with clause 7.1.7, for 4 or 5 weeks as the case may be and also ordinary pay for any public holiday occurring during such period of 4 or 5 weeks.


all other amounts due, an amount equal to 1/9th of the employee’s ordinary pay for the period of employment for an employee to whom 7.1.1(a) applies, and 1/12th of the employee’s ordinary pay for the period of their employment for an employee to whom clause 7.1.1(b) applies, calculated in accordance with clause 7.1.7.

7.1.5 In calculating a year of employment for the purposes of clause 7.1:

(a) A period exceeding 3 months during which an employee has been absent on leave without pay granted by the employer shall not be taken into account.

(b) A period during which an employee has been absent without pay and without the employer’s authority, other than a period of absence not

exceeding 3 months on account of illness or injury certified to by a legally qualified medical practitioner shall not be taken into account.

Where the employer and the employee agree, annual leave may be taken wholly or partly in advance before the employee has become entitled to annual leave. An employee who has taken in advance the whole of the annual leave that would be due at the end of a year of employment, shall not be entitled to any further annual leave at the end of that year of employment. An employee who has taken in advance part of the annual leave that would be due at the end of a year of employment shall become entitled at the end of that year of employment to the part of the annual leave not already taken. Reasonable notice of the commencement of annual leave shall be given to the employee. Except as provided elsewhere in clause 7.1, it shall not be lawful for the employer to give or for the employee to receive payment in lieu of annual leave. If a holiday mentioned in clause 7.6 falls on a day on which a shift worker is rostered off, that shift worker shall be paid an additional day’s pay or shall have an additional day off to be taken at a mutually agreed time or shall have an extra day added to annual leave.

7.1.6 Annual close down Where an employer closes down a plant or a section or sections thereof, for the purposes of allowing annual leave to all or the bulk of the employees in the plant or section or sections concerned, the following provisions shall apply:



(a) The employer may stand off for the duration of the close down all employees in the plant or section or sections concerned, and allow to those who are not qualified for 4 full weeks’ leave paid leave on a proportionate basis.

(b) An employee who has then qualified for 4 full weeks’ leave and also completed further service shall be allowed annual leave and shall be

paid an amount equal to 1/12th of the ordinary pay for the period of service in excess of 12 months. (c) All time during which an employee is stood off without pay for the purpose of clause 7.1.6 shall be deemed to be of service in the next 12

monthly qualifying period, provided that this shall not apply where the period of employment including the period stood off does not exceed 5 weeks:

Provided that the foregoing conditions shall also apply in the event of annual leave being staggered so that employees entitled to annual leave may be broken into 2 groups which overlap into a close down in accordance with the first paragraph of clause 7.1.6 of not more than 2 working weeks (plus public holidays occurring therein), and employees with a lesser period of service may be stood off as in clause 7.1.6(a). 7.1.7 Calculation of annual leave pay In respect to Annual leave entitlement to which clause 7.1 applies, annual leave pay (including any proportionate payments) shall be calculated as follows:

(a) Shift workers – Subject to clause 7.1.7(c), the rate of wage to be paid to shift workers shall be the rate payable for work in ordinary time according to the employees’ roster or projected roster, including Saturday, Sunday or public holiday Shifts.

(b) Leading hands, etc. – Subject to clause 7.1.7(c), leading hand allowances and amounts of a like nature otherwise payable for ordinary time

worked shall be included in the wages to be paid to employees during annual leave. (c) All employees – Subject to the provisions of clause 7.1.7(d), in no case shall the payment by an employer to an employee be less than the

sum of the following amounts:

(i) The employee’s ordinary wage rate as prescribed by the Section for the period of the annual leave (excluding shift premiums and week-end penalty rates).

(ii) Leading hand allowance or amounts of a like nature. (iii) A further amount calculated at the rate of 17 1/2% of the amounts referred to in clause 7.1.7(c)(i) and 7.1.7(c)(ii).

(d) Clause 7.1.7(c) does not apply to:

(i) any period or periods of annual leave exceeding:

• 5 weeks in the case of employees employed in a calling where 3 shifts per day are worked over a period of 7 days per week; or • 4 weeks in any other case.

(ii) Employers (and their employees) who are already paying (or receiving) an annual leave bonus, loading or other annual leave payment which is not less favourable to employees.

7.1.8 Illness during annual leave An employee who suffers personal illness of 3 or more working days or shifts during a period of annual leave may apply to have such a period regarded as sick leave. In such a case an equivalent period shall be added to the employee’s annual leave or arranged to be taken at a mutually agreed time before the next entitlement to annual leave falls due. To qualify for such sick leave the employee shall provide to the employer a certificate from a duly qualified medical practitioner verifying the illness, and notify the employer as soon as practicable of the illness and of the intention to apply for sick leave. Such notification shall be made promptly and where practicable before the employee’s return to work. 7.2 Sick leave 7.2.1 Entitlement

(a) Every employee, except casuals and school-based apprentices and trainees, is entitled to 60.8 hours’ sick leave for each completed year of their employment with their employer:

Provided that part-time employees accrue sick leave on a proportional basis.

(b) This entitlement will accrue at the rate of 7.6 hours’ sick leave for each 6 weeks of employment.

(c) Payment for sick leave will be made based on the number of hours which would have been worked by the employee if the employee were not




7.2.2 Employee must give notice The payment of sick leave is subject to the employee promptly advising the employer of the employee’s absence and its expected duration. 7.2.3 Evidence supporting a claim When the employee’s absence is for more than 2 days the employee is required to give the employer a doctor’s certificate, or other reasonably acceptable evidence, about the nature and approximate duration of the illness.

1744 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 7.2.4 Accumulated sick leave An employee’s accumulated sick leave entitlements are preserved when:


(b) The employer or employee terminates the employee’s employment and the employee is re-employed within 3 months; (c) The employee’s employment is terminated because of illness or injury and the employee is re-employed by the same employer without

having been employed in the interim.

The employee accumulates sick leave entitlements whilst absent from work on paid leave granted by the employer. 7.2.5 Payment in lieu of unused sick leave On termination of employment, an employee shall be paid in lieu of sick leave not taken. Such payment shall be calculated at the ordinary time rate of pay of the employee for the period of sick leave to which the employee would have been entitled at the end of each year of employment. For the purpose of clause 7.2.5, sick leave taken shall be deemed to be taken from the earliest accumulation. 7.2.6 Illness during annual leave Subject to the provisions of clause 7.1.6 an employee who suffers personal illness during annual leave may be entitled to apply for such period to be regarded as sick leave. 7.2.7 Workers’ compensation Where an employee is in receipt of workers’ compensation, the employee is not entitled to payment of sick leave. 7.3 Bereavement leave 7.3.1 Full-time and part-time employees Full-time and part-time employees shall, on the death of a member of their immediate family or household in Australia, be entitled to paid bereavement leave up to and including the day of the funeral of such person. Such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in 2 ordinary days of work. Proof of such death is to be furnished by the employee to the satisfaction of the employer. 7.3.2 Long-term casual employees




(a) A spouse (including a former spouse, a de facto spouse and a former de facto spouse, spouse of the same sex) of the employee; and (b) A child or an adult child (including an adopted child, a foster child, an ex-foster child, a stepchild or an ex-nuptial child), parent, grandparent,

grandchild or sibling of the employee or spouse of the employee. 7.3.4 Unpaid leave An employee with the consent of the employer, may apply for unpaid leave when a member of the employee’s immediate family or household in Australia dies and the period of bereavement leave entitlement provided above is insufficient. 7.4 Long service leave All employees covered by this Award are entitled to long service leave on full pay under, subject to, and in accordance with, the provisions of Chapter 2, Part 3, sections 42-58 of the Act as amended from time to time. 7.5 Family leave The provisions of the Family Leave Award apply to and are deemed to form part of this Award. 7.5.1 It is to be noted that:



(a) Maternity leave (b) Parental leave (c) Adoption leave (d) Special responsibility leave for the care and support of the employee’s immediate family or household.



7.6 Public holidays 7.6.1 Except as provided in clause 7.6.2, an employee other than a casual employee shall be entitled to a holiday without deduction of pay on any day

gazetted as a Public Holiday under the Holidays Act 1983 in the district in which the employee works for the following days:

– the 1st January; – the 26th January; – Good Friday; – Easter Saturday (the day after Good Friday); – Easter Monday; – the 25th April (Anzac Day: – Labour Day (the first Monday in May) – The Birthday of the Sovereign; – Show Day – Christmas Day; – Boxing Day.

7.6.2 Where an employee is required to work on a public holiday and the employee does not report for work as required, without reasonable cause (proof whereof shall lie upon the employee) the employee shall not be entitled to payment for the public holiday.

7.6.3 An employee, for time worked on a public holiday will be paid as follows:

(a) For all time outside the ordinary starting and ordinary finishing times for the day of the week on which the holiday falls, double the rate for

such time when worked outside such time on an ordinary working day. (b) For all other time at the rate of double time and a-half. (c) For the purposes of clause 7.6 “double time and a-half” shall mean one and one-half days’ wages in addition to the employee’s ordinary time

rate of pay or pro rata if there is more or less than a day. (d) An employee required to report for work on a public holiday will be paid for a minimum period of 4 hours.

7.6.4 Any employee, with 2 weeks or more of continuous service, whose employment has been terminated by the employer or who has been stood down by the employer during the month of December, and who is re-employed in January of the following year, shall be entitled to payment for the public holidays of Christmas Day, Boxing Day and the 1st January (New Year’s Day).

7.6.5 By agreement between the employer and a majority of the employees in a plant or section of a plant and subject to statutory limitations, another

day may be substituted for a public holiday. 7.6.6 In the event of an employee being required to work on a substituted day the employee shall be paid at the rate applicable for work on the public

holiday which has been substituted. 7.6.7 Clauses 7.6.5 and 7.6.6 shall not be construed to confer on an employee of the same employer an entitlement to a paid holiday or payment for

work on that holiday on more than one occasion for each public holiday in each calendar year. 7.7 Jury service 7.7.1 An employee, other than a casual employee, who has completed 3 months’ continuous service and who is required to attend for jury service

during ordinary hours, shall notify the employer as soon as practicable of the dates on which the employee is required to attend at Court. 7.7.2 Subject to the employee furnishing the employer with satisfactory proof of the duration of the attendance for jury service, and the amount paid to

the employee by the Court for such attendance, the employer shall pay to the employee an amount equal to the difference between the payment made to the employee by the Court and the payment the employee would have received for ordinary hours had the employee not been absent on jury service.

PART 8 – TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK 8.1 Travel time An employee required by the employer to report at a site other than the usual place of employment to commence work at the usual starting time, shall be entitled to payment of travelling time at the ordinary time rate of pay for the time reasonably spent in excess of that which the employee would normally spend in travelling between the usual place of residence and the usual place of employment. PART 9 – TRAINING AND RELATED MATTERS 9.1 Training 9.1.1 Following proper consultation, the employer shall develop a training policy and program consistent with:

(a) the current and future skill needs of the enterprise; (b) the size, structure and nature of the operations of the enterprise; and (c) the need to develop vocational skills relevant to the enterprise and the cement manufacturing industry through courses conducted by

appropriate educational institutions and training providers.

9.1.2 Various costs associated with training

(a) Where, as a result of consultation, it is agreed by the employer that additional training in accordance with the program developed in accordance with clause 9.1.1 should be undertaken by an employee, that training may be undertaken either on or off the job: Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.


(b) Any costs associated with standard fees for prescribed courses and textbooks (excluding those textbooks which are available in the employer’s technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure: Provided that reimbursement shall be on an annual basis, subject to the presentation of reports of satisfactory progress.

(c) Travel costs incurred by an employee undertaking training in accordance with clause 9.1.2 which exceed those normally incurred in travelling

to and from work shall be reimbursed by the employer. 9.1.3 Clauses 9.1.1 and 9.1.2 shall operate as interim provisions and shall be reviewed after 12 months operation. 9.1.4 Any disputes arising in relation to clause 9.1 shall be subject to the provisions of clause 3.1.

PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES 10.1 Safety 10.1.1 It is recognised that safety is the prime responsibility of every employee of the employer. 10.1.2 The employer recognises an obligation to provide a safe working environment, to provide adequate safety equipment, to provide training for

employees in safe operating procedures and to establish and enforce safety regulations. 10.2 Protective apparatus 10.2.1 Where the work of an employee requires the provision of personal protective equipment, the employer shall provide and the employee shall wear

the equipment in such a way as to achieve the purpose for which it is supplied. Except as provided in clauses 10.3 and 10.4 and clause 10.5.2, the equipment shall remain the property of the employer.

10.2.2 An employee issued with such equipment in accordance with clause 10.2 shall return it in the same condition as when it was issued, fair wear and

tear excepted. In the event that an employee does not do so, the employer may deduct the replacement costs of the equipment from monies due to the employee.

10.3 Safety footwear 10.3.1 An employee, other than a casual employee, shall be entitled to an issue of 2 pairs of safety footwear free of charge. The first pair shall be

provided immediately on commencement of service and the second at the end of 3 months of continuous service. 10.3.2 The employer shall replace the issued footwear when it is returned unserviceable, due to fair wear and tear. 10.4 Protective clothing 10.4.1 An employee, other than a casual employee, shall be entitled to a clothing issue free of charge. The first 2 sets of clothing shall be issued after

one week of service and another set of clothing shall be due at the end of 3 months of continuous service. 10.4.2 After 12 months of continuous service, an employee shall be entitled to a further issue of 2 sets of clothing. 10.4.3 The employer shall replace the issued clothing when it is returned unserviceable due to fair wear and tear. 10.4.4 An employee issued with clothing shall wear that clothing whilst at work and shall not modify it to substantially alter its appearance.

For the purpose of clause 10.4, a set of clothing shall consist of:

(a) a pair of overalls; or (b) a pair of trousers and a shirt.

10.4.5 By agreement between an employee and the employer, another issue may be provided in place of a set of clothing. 10.4.6 An employee who ceases employment within 3 months of an issue of clothing shall return that issue to the employer or pay or forfeit to the

employer from monies due, the depreciated value of such protective clothing. 10.5 Safety spectacles 10.5.1 Safety spectacles of a suitable type shall be issued to an employee and shall be worn in all areas designated by the employer as an eye protection

area.

10.5.2 Where the employer requires an employee to wear prescription spectacles with safety toughened/hardened lenses, the employer will pay the cost of the toughening/hardening process and the employee will pay the cost of the prescription frames and lenses. In the event that an employee’s prescription spectacles are damaged in the course of employment, the employer will pay the necessary repair/replacement costs, unless the damage has been caused by the employee’s negligence.

10.6 Work in the rain An employee required to work in the rain shall be supplied by the employer with suitable waterproof clothing. However, should the clothes of an employee using such waterproof clothing become rain soaked, the employee shall be paid double rates for the work performed and this payment shall continue until the employee is able to change into dry clothes or the work is completed, whichever is the earlier. 10.7 Entering mills, kilns and chambers Where possible when an employee is required to enter a mill, kiln or chamber such work will be undertaken when the temperature within is at or below 38 degrees Celsius. If the temperature exceeds 38 degrees Celsius, the employee shall not be required to remain in the mill, kiln or chamber for more than 15 minutes to be followed by a break of 10 minutes before re-entering.



PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Preamble Clauses 11.1 and 11.2 replicate legislative provisions contained within the Act. In order to ensure the currency of existing legal requirements parties are advised to refer to sections 366, 372 and 373 of the Act as amended from time to time. 11.1 Right of entry 11.1.1 Authorised industrial officer

(a) An “Authorised industrial officer” is any Union official holding a current authority issued by the Industrial Registrar. (b) Right of entry is limited to workplaces where the work performed falls within the registered coverage of the Union.

11.1.2 Entry procedure


(i) the authorised industrial officer alerts the employer or other person in charge of the workplace to their presence; and (ii) shows their authorisation upon request.


(c) A person must not obstruct or hinder any authorised industrial officer exercising their right of entry. (d) If the authorised industrial officer intentionally disregards a condition of clause 11.1.2 the authorised industrial officer may be treated as a

trespasser. 11.1.3 Inspection of records

(a) An authorised industrial officer is entitled to inspect the time and wages record required to be kept under section 366 of the Act. (b) An authorised industrial officer is entitled to inspect such time and wages records of any former or current employee except if the employee:

(i) is ineligible to become a member of the Union; or (ii) is a party to a QWA or ancillary document, unless the employee has given written consent for the records to be inspected; or (iii) has made a written request to the employer that the employee does not want that employee’s record inspected.

(c) The authorised industrial officer may make a copy of the record, but cannot require any help from the employer. (d) A person must not coerce an employee or prospective employee into consenting, or refusing to consent, to the inspection of their records by

an authorised industrial officer. 11.1.4 Discussions with employees

An authorised industrial officer is entitled to discuss with the employer, or a member or employee eligible to become a member of the Union:

(a) matters under the Act during working or non-working time; and (b) any other matter with a member or employee eligible to become a member of the Union, during non-working time.

11.1.5 Conduct

An authorised industrial officer must not unreasonably interfere with the performance of work in exercising a right of entry. 11.2 Time and wages record 11.2.1 An employer must keep, at the place of work in Queensland, a time and wages record that contains the following particulars for each pay period


(a) the employee’s award classification; (b) the employer’s full name; (c) the name of the award under which the employee is working; (d) the number of hours worked by the employee during each day and week, the times at which the employee started and stopped work, and

details of work breaks including meal breaks; (e) a weekly, daily or hourly wage rate – details of the wage rate for each week, day, or hour at which the employee is paid; (f) the gross and net wages paid to the employee; (g) details of any deductions made from the wages; and (h) contributions made by the employer to a superannuation fund.

1748 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 11.2.2 The time and wages record must also contain:

(a) the employee’s full name and address; (b) the employee’s date of birth; (c) details of sick leave credited or approved, and sick leave payments to the employee; (d) the date when the employee became an employee of the employer; (e) if appropriate, the date when the employee ceased employment with the employer; and (f) if a casual employee’s entitlement to long service leave is worked out under section 47 of the Act – the total hours, other than overtime,

worked by the employee since the start of the period to which the entitlement relates, worked out to and including 30 June in each year. 11.2.3 The employer must keep the record for 6 years. 11.2.4 Such records shall be open to inspection during the employer’s business hours by an inspector of the Department of Industrial Relations, in

accordance with section 371 of the Act or an authorised industrial officer in accordance with sections 372 and 373 of the Act. 11.3 Trade union training authority leave An employee shall be granted up to 5 days leave (non cumulative) on ordinary pay each calendar year to attend courses and seminars conducted by the Trade Union Training Authority subject to the following conditions. 11.3.1 The employee provides the employer with a written application for the leave endorsed by the relevant Union at least one month before the leave is

required. 11.3.2 The employee has at least 12 months of uninterrupted service with the employer prior to such leave being granted. 11.3.3 The entitlement to leave under clause 11.3 will not extend to more than 2 employees from each site each year, however, this condition shall not

operate to prevent the employer from granting leave under the provisions of clause 11.3 to more than 2 employees in any one year. 11.3.4 The granting of such leave shall be subject to the convenience of the employer so that the operations of the employer will not be unduly affected. 11.3.5 The scope, content and level of the course shall be such as to contribute to a better understanding of industrial relations within the employer’s

operations. 11.3.6 In granting such paid leave, the employer is not responsible for any additional costs except the payment of extra remuneration where relieving

arrangements are instituted to cover the absence of the employee. 11.3.7 Leave granted to attend TUTA courses will not incur any additional payment or alternative time off if such course coincides with the employee’s

day off in the 19 day month working arrangements or with any other concessional leave. 11.3.8 Such paid leave will not affect other leave granted to employees under this Award.

For the purpose of clause 11.3, ordinary pay shall mean the ordinary rate paid to the employee exclusive of any allowance for travelling time and fares or shift work.

Clause 11.3 shall not apply to a site with less than 10 full-time employees.

11.4 Posting of award A true copy of this Award must be exhibited in a conspicuous and convenient place on the Premises of the employer so as to be easily read by employees. 11.5 Union encouragement Preamble Clause 11.5 gives effect to section 110 of the Act in its entirety. Consistent with section 110 a Full Bench of the Commission has issued a Statement of Policy on Union Encouragement (reported 165 QGIG 221) that encourages an employee to join and maintain financial membership of the Union. 11.5.1 Documentation to be provided by employer At the point of engagement, the employer shall provide employees with a document indicating that a Statement of Policy on Union Encouragement has been issued by the Commission, a copy of which is to be kept on the Premises of the employer in a place readily accessible by each employee. The document provided by the employer shall also identify the existence of a union encouragement clause in this Award. 11.5.2 Union delegates

(a) Union delegates and job representatives have a role to play within a workplace. The existence of accredited Union delegates and/or job representatives is encouraged.

(b) The employer shall not unnecessarily hinder accredited Union delegates and/or job representatives in the reasonable and responsible

performance of their duties. 11.5.3 Deduction of union fees Where arrangements can be entered into, employers are encouraged to provide facilities for the deduction and remittance of Union fees for employees who signify in writing to their employer their desire to have such membership fees deducted from their wages.



SCHEDULE 1 WAGES – CEMENT INDUSTRY EMPLOYEES – OTHER THAN NORTH

AUSTRALIAN CEMENT LTD This Schedule shall not apply to Queensland Cement Limited or Central Queensland Cement Pty Ltd during the trial period of Schedule 3 commencing on 3 March 1993. (1) Adults Wages Schedule – Classification Wage Total Award Group Rate Per Week $ CEMENT SECTION 1. Burner ......................................................................CW11 519.40 2. Burner – K5, K6 (Darra)..........................................CW11 531.80 3. Burners Assistant .....................................................CW13 499.60 4. Wash Mill/Hammer Mill Operator ...................................................................CW13 501.40 5. Cement/Raw Miller..................................................CW13 506.90 6. Cement/Rod/Raw Miller..........................................CW13 506.90 7. Cement Miller (Bulwer Island)................................CW11 518.70 8. Assistant Miller........................................................CW13 501.40 9. Cooler Attendant......................................................CW12 503.50 10. Bag checker..............................................................CW13 505.80 11. Loader ......................................................................CW13 503.80 12. Bag Machine Operator.............................................CW13 505.80 13. Bulk Weighing Machine Operator ...................................................................CW13 505.80 14. Weighbridge Attendant............................................CW13 524.50 15. Storeman ..................................................................CW12 501.50 16. Clinker Runner.........................................................CW12 501.40 17. Coral Checker ..........................................................CW13 505.80 18. Control Room Operator (Bulwer Island) ........................................................CW11 518.70 19. Plant Attendant (Bulwer Island) ......................................................................CW13 505.80 20. Cleaner (Darra Administration)........................................................CW13 508.20 21. Cleaner (Elsewhere).................................................CW13 493.70 22. Employee not elsewhere classified ..................................................................CW13 493.70 23. Employees with less than 3 months’ experience ..................................................CW14 488.70 LABORATORY SECTION Process Assistant Tester – 24. First year ..................................................................CW12 519.10 25. Thereafter .................................................................CW12 527.70 Process Tester/Laboratory Assistant – 26. First year ..................................................................CW12 530.40 27. Thereafter .................................................................CW12 543.60 Physical Tester – 28. First year ..................................................................CW12 535.30 29. Thereafter .................................................................CW11 547.10 Shift Tester – 30. First year ..................................................................CW12 542.90 31. Thereafter .................................................................CW11 557.40 Analyst – 32. First year ..................................................................CW10 566.70 33. Thereafter .................................................................CW10 574.00 Lime Section – 34. Lime Burner .............................................................CW12 509.30 35. Hydrator Attendant ..................................................CW12 509.30 36. Bag Machine Operator.............................................CW13 505.80 37. Loader and/or Sorter ................................................CW13 501.30 38. Employee not elsewhere classified ..................................................................CW13 493.70

1750 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 39. Employees with less than 3 months’ experience ..................................................CW14 488.70 Gladstone Clinker Plant – 40. Central Control Operator .........................................CW11 577.50 41. Plant Attendant ........................................................CW13 546.70 42. Shift Tester (1st Yr) .................................................CW12 542.90 43. Thereafter .................................................................CW11 557.40 QUARRY SECTION 44. Core Driller ..............................................................CW12 541.80 45. Powder Monkey.......................................................CW12 526.50 46. Crusher Operator......................................................CW12 512.50 47. Operator – 10cm – 14cm track mounted independent rotation drill ...........................................................................CW12 526.90 48. Operator – down hole hammer drill ...........................................................................CW12 526.90 49. Employee not elsewhere classified ..................................................................CW13 500.20 50. Employees with less than 3 months’ experience ..................................................CW14 495.20 ALL SECTIONS 51. Operator forklift .......................................................CW13 535.50 52. Operator loader/ unloader/wharf crane ...............................................CW11 568.10 53. Operator gantry crane ..............................................CW11 554.20 Operator mobile plant – 54. Bucket capacity over 0.765 cubic metres and up and including 2.3 cubic metres .............................................................CW11 560.10 55. Bucket capacity over 2.3 cubic metres .......................................................................CW11 563.80 56. Lifting capacity to and including 5 tonnes....................................................CW11 545.90 57. Lifting capacity over 5 tonnes .................................CW11 549.80 58. Carrying capacity up to and including 35 tonnes..................................................CW11 556.00 59. Carrying capacity over 35 tonnes .......................................................................CW11 568.20 60. Operator service vehicle – 3 to 10 tonnes ..................................................................CW12 548.50 61. Operator service vehicle – over 10 tonnes ..................................................................CW12 554.40 NOTE: The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2002 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the President.] This arbitrated wage adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this Award which are above the wage rates prescribed in the Award. Such payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Cases or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments. (2) Leading Hands – An employee appointed by the employer as a leading hand shall be paid an additional amount of $23.20 per week. Such amount

shall be taken into account for all purposes of the Award. (3) Juniors – An unapprenticed junior under the age of 18 years shall be paid at 65% of the appropriate adult rate for the work performed, calculated

to the nearest 10 cents.

SCHEDULE 2

NORTH AUSTRALIAN CEMENT LIMITED Schedule 2 North Australian Cement Limited The weekly wage rates payable include the Northern Parity payment of $1.05. Column A represents the amount included in the wages prescribed and is inclusive of and incorporates above Award payments and weekly gratuities which were payable prior to 21st September 1980. Also included is the Christmas Gratuity which for the purpose of this Schedule is taken to be an amount of $13.60 per week.



(1) Adults – Award Rate Wage Column A Per Week Classification Group $ $ CEMENT SECTION 1. Burner – In charge of 1 kiln CW11........................50.80 520.95 2. Burner – In charge of 2 kilns CW11........................51.30 533.95 3. Burners Assistant CW13........................50.20 500.75 4. Wash Mill/Hammer Mill Operator CW13........................50.30 502.95 5. Cement/Raw Miller CW13........................50.50 507.95 6. Bag checker CW13........................50.50 506.95 7. Loader CW13........................50.30 502.35 8. Bag Machine Operator CW13........................50.50 506.95 9. Bulk Despatch Operator –Road/Rail CW12........................50.80 514.25 10. Storeman CW12........................50.30 502.55 11. Garage Attendant CW13........................50.00 498.35 12. General Labourer CW13........................49.70 494.55 13. Employee not elsewhere classified CW13........................49.70 494.55 14. Employees with less than 3 months experience CW14........................49.70 489.55

LABORATORY SECTION Process Assistant Tester – 15. First year CW12........................51.00 520.05 16. Thereafter CW12........................51.30 528.75 Process Tester/Laboratory Assistant – 17. First year CW12........................51.50 531.45 18. Thereafter CW12........................52.00 542.15

CEMENT SECTION Physical Tester – 19. First year CW12........................51.90 536.35 20. Thereafter CW11........................52.30 548.15 Analyst – 21. First year CW10........................53.30 566.70 22. Thereafter CW10........................53.70 575.05 QUARRY SECTION 23. Powder Monkey CW12........................51.30 527.55 24. Crusher Operator CW12........................50.80 513.65 25. Operator – 10cm – 14cm track mounted independent rotation drill CW12........................51.30 528.05 26. Operator – down hole hammer drill CW12........................51.30 528.05 27. Employee not elsewhere classified CW13........................50.20 501.25 28. Employees with less than 3 months experience CW14........................49.70 495.75 ALL SECTIONS 29. Operator forklift CW13........................50.70 525.55 30. Operator gantry crane CW11........................52.90 541.55 Operator mobile plant – 31. Bucket capacity over 0.765 cubic metres and up and including 2.3 cubic metres CW11........................53.10 539.95 32. Bucket capacity over 2.3 cubic metres CW11........................53.10 558.75 33. Lifting capacity to and including 5 tonnes CW11........................52.90 541.45 34. Operator Dump Truck carrying capacity up to and including 35 tonnes CW11........................53.90 570.65 35. Operator Dump Truck carrying capacity over 35 tonnes CW11........................53.90 579.15 36. Operator service vehicle CW12........................50.70 549.95 37. Maintenance Assistant CW13........................50.40 514.35 38. Utility Driver CW13........................52.00 537.95 39. Truck Driver – 10 tonne capacity CW12........................52.70 549.40 40. Truck Driver – 12 tonne capacity CW12........................52.80 551.95 NOTE: The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2002 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the President.] This arbitrated wage adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated

1752 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 by this Award which are above the wage rates prescribed in the Award. Such payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Cases or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments. (2) Leading Hands – Employees appointed to the position of Leading Hand shall be paid the following additional rates:

(i) In charge of not more than 10 employees – $23.20.

(ii) When in charge of more than ten employees and not more than twenty employees – $35.30.

(iii) When in charge of more than twenty employees – $44.60:

Provided that should any employee be required to act in the capacity of leading hand on a temporary basis because of the absence of an appointed leading hand, the shall be paid all the wage rate applicable to the appointed leading hand and the leading hand allowance as prescribed for the period so acting in that capacity with a minimum payment of 8 hours on any one day, provided further that any employee required to act in the capacity of leading hand in accordance with the above paragraph shall not be reduced in wage rate because of this provision:

Provided further that should any employee be appointed as a leading hand in a temporary capacity for a specific job, the employee shall be paid

the employee’s ordinary weekly wage and receive the leading hand allowance in accordance with the scale as set out above for the period the employee has been so appointed, with a minimum payment of 8 hours on any one day.

(3) Juniors – An unapprenticed junior under the age of 18 years shall be paid at 65% of the appropriate adult rate for the work performed, calculated

to the nearest ten cents. SCHEDULE 3

Queensland Cement Limited Central Queensland Cement Pty. Ltd.

(1) Classification Structure – The classification structure is a competency based system with a core of generic skills and each employee to whom this Award applies shall be so covered, noting the following:

• Complementing the generic structure are designated work streams – production, mining, laboratory and clerical. • The work streams identify the principle line of skills held or being pursued by the employee. The streams do not confer job ownership or in

any way delineate or demarcate any task or work to a particular stream or classification.

Each employee shall be classified into a skill level which matches the employee’s acquired knowledge, training, skills and competence relevant to the particular work stream and to the generic work classifications. (2) Generic Levels – 5 levels, each representing a different degree of skill and responsibility apply as follows: Level 1 – 1st Level Worker – The employee undertakes work of a basic nature, typically performing routine tasks which can be performed with on-the-job training and practical work experience. Work involves following laid-down procedures or from detailed day-to-day instructions from a Supervisor or Co-ordinator. Little decision making is required as work is of a routine nature and the person is usually closely supervised. Minor problems are resolved through the application of standard procedures and instruction usually by reference to a Supervisor or Co-ordinator. Operation of some basic plant and/or machinery may be required. The position requires frequent communication with people within the work team but would require infrequent communication with people outside the work team. Responsibility relates to routine matters in the performance of the person’s own day-to-day activities, which is supervised on a frequent basis. This is the entry level and as such the employee may be learning the fundamentals of the Company and plant procedures, and be undertaking induction training. It would also cover an employee who has been employed in basic or semi- skilled work not related to the Company’s operations. Level 2- Intermediate Level Worker – An employee at this level would:

• Perform a range of skills under general supervision, or within a team environment requiring the application of established procedures. Technical or skills training are generally required for this level. Closer supervision may be required when carrying out complex tasks involving theoretical knowledge and practical skills.

• Be required to resolve minor problems through the application of standard procedures without reference to a Supervisor or Co-ordinator,

however, it would be rare that the employee would re-arrange the work routine or schedule without reference. • Be in contact and communicate with people predominantly within the work team but with some minor contact with people outside the work

team.



• Be required to accept responsibility for the work output and responsibility for completion of routine tasks under general supervision or within the team environment.

Level 3 – Skilled Worker – An employee at this level will normally hold a recognised trade qualification, or have relevant training and/or experience to work at this level. The employee would perform tasks of some complexity, involving the use of applied theoretical knowledge. The knowledge of basic techniques and practices are required to be adapted to suit varying tasks. The employee would normally be expected to make decisions on day-to-day work, including the requirement to resolve basic work problems and make occasional changes to work routine/schedule. Interpretation of procedures and information would require exercising judgement and experience whilst more serious problems may be referred to a Supervisor/Co-ordinator. Normally the employee would be expected to have contact with people within the work group or team and with other work groups to obtain and clarify information to resolve routine matters. Discretion in seeking co-operation or requesting information would be exercised. The employee may also be required to co-ordinate/run team meetings. The employee would have significant individual responsibility being responsible for all aspects of work in completing day-to-day tasks, including from time to time the requirement to direct others although reference may be made to the Supervisor or Co-ordinator responsible for the work group or team. Level 4 – Autonomous Skilled Worker – An employee at this level would:

• Perform complex tasks without supervision on work requiring considerable knowledge of work patterns and techniques which may be undocumented, introducing a degree of complexity in the application of more difficult procedures and tasks.

• The employee would also make decisions on daily work priorities within approved work programs and guidelines where there is freedom to

change and improve work routines. Supervisory skills are required capable of covering a minimum of 4 personnel. The person is usually required to resolve problems or use judgement where there are some elements of technical complexity.

• Communication is required for the supervision/co-ordinating of personnel within a work group. Contact with other work groups and/or

outside bodies is also required to assist in effective decision making.

or

• Communication skills are required to participate in discussions required to problem solve complex administrative or technical matters. • The person would be responsible for supervising/co-ordinating a work group and may often be accountable for the results of that work group. • The person would be responsible for the accurate and timely completion of complex tasks.

Level 5 – Advance Technical Level – An employee at this level would:

• Be required to be self directed in the performance of creative planning and design tasks and tasks involving an independent use of a high degree of technical or applied knowledge. A thorough knowledge of work patterns, administration policies and/or technical practices would be required. Formal qualifications would generally be required at this level.

• In addition to day to day decision making, complex information would be interpreted for development of improved methods and procedures.

Conceptual thinking and detailed recommendations would often be prepared. • Be required to exercise communication skills during participation in discussions and in the presentation of recommendations both verbal and

written. This may involve other work team and/or external bodies. • Be accountable for the results of a work team or teams and be responsible for completing tasks requiring specialist technical skills.

(3) Pay Structure – The pay structure is based upon a points system from 2 sources which when added together give a points total which determines the pay level:

– Generic levels – Individual’s skills points

(a) Generic Levels

Each employee will be assigned to one of the generic levels for which points will accumulate as follows:

Level 5 – 250 points Level 4 – 200 points Level 3 – 150 points Level 2 – 100 points Level 1 – 50 points

(b) Individual’s Skill Points

In addition, individual skills points will be added to the above to determine the pay level. Only persons who are recognised as competent to the agreed standards set will accumulate points for the recognised skill. A schedule of competency standards with skill points has been agreed by the parties to this schedule and will be used to determine an employee’s skill points.


It is recognised that future major change to the operation may require revision of the points allocated to particular skills and for this purpose certain benchmark skills and the points allocated to them have been recognised. These are:

• kiln burning • mill operating • general labouring In determining these points to be allocated to particular skills, recognition will be given to these benchmarks.

(c) Schedule of Pay Levels Award rate Per week Generic Level Individual Points Pay $ Points Skill Points Levels

5–250 I F 401–500 8 619.10 4–200 N R 351–400 7 596.10

3–150 + D O = 301–350 6 573.10 2–100 I M 251–300 5 555.10 1–50 V 201–250 4 533.10 I S 151–200 3 511.10 D K 101–150 2 491.10 U I 50–100 1 471.10 A L L L S S K S I T L R L U C P T T U S R E

NOTE: The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2002 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the President.] This arbitrated wage adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this Award which are above the wage rates prescribed in the Award. Such payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Cases or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments.

(d) Disability Allowance In addition to the rates of pay above, a disability allowance to compensate employees for all disabilities associated with working in or in connection with the Cement Industry will be paid as follows: Per Week $ Employees engaged predominantly in clerical functions.....................................................................................................6.40 Other employees .................................................................................................................................................................26.20 (4) Scope – Accumulation of points will be automatic to and including pay level 3, i.e. an employee will be recognised for all skills for which competency tests have been successfully passed to this level. Beyond this level, skills will only be recognised if they are held by the employee and there is a requirement for them to be used for the work to be performed. (5) Skills Training System – The QCL Group of Companies is committed to establishing and administering a Training system to measure and improve the skills of its people. All people will be eligible to participate in this system to improve their personal skill levels, and by doing so earn points, move to higher levels and access to additional remuneration. Training will be self-paced and provided on or off the job and will be in line with the Training Mix for each work team. Training requested outside that teams agreed Training Mix will be encouraged in line with a Career Path philosophy but will not take precedence over required team training. Training may be required to be interrupted to meet the requirements of the business. Trainees will not be released to operate those sections of the plant until their performance is deemed competent in accordance with agreed assessment procedures. A Consultative Training Group will be established at each site to install and operate the training system. The training shall be competency-based and provide recognition of prior skills. This system will provide career pathing and multi-skilling for individuals.



(6) Assessment of Competency – In all job/tasks, safe performance of the work is of paramount importance. The following 3 points should determine who will undertake a particular job.

• Is it safe? • Is it logical? • Is it legal?

For the purpose of the classification/pay structure, 2 categories of persons may perform a particular task. (a) Safe to Operate – This will cover employees who are able to safety perform the task but have not passed and assessment to the recognised standard. It will also cover persons in training. No additional points will be given to people in this category. (b) Competent to Operate – To be recognised as competent, the employee will have been assessed as meeting the appropriate training requirements. It is at this stage, credit of competency points will be given and the pay rate adjusted if appropriate. (7) Trials and Changes – As part of an ongoing process by the parties to assist in effecting real gains in productivity, efficiency and flexibility, the following measures have been accepted by the parties as appropriate for implementation and/or trialling in accordance with the award and this schedule. (Where any inconsistency may occur, the terms of this schedule shall take precedence).

• the assumption of a wider range of duties by employees; • the elimination of demarcation of work such that any employee may undertake any task provided it is logical, legal and safe for the

employees to do so; • the introduction of annualised salaries with attendant conditions of employment which may include:

• incorporation of a range of payments such as overtime, call in payments, allowances, penalty payments, shift and holiday loadings, sick leave

etc.;

• changes in the methods and system by which the work is undertaken; • a reduction in staffing levels at each plant; and • the introduction of participative work team philosophies and practices allowing employees to assume greater responsibility and accountability

in the workplace. This list is not exhaustive and the parties undertake to consider and discuss other changes which, if appropriate, will be trialled and/or implemented under terms agreed between them. Dated 13 March 2003. By the Commission, [L.S.] E. EWALD, Industrial Registrar.


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GLADSTONE POWER STATION AWARD – STATE

(No. AR66 of 2002)

DEPUTY PRESIDENT SWAN COMMISSIONERS EDWARDS AND BECHLY 13 February 2003

AWARD REVIEW After reviewing the above Award as required by s. 130 of the Industrial Relations Act 1999, this Commission orders that the Award be repealed and the following Award be made, as from 13 February 2003.

GLADSTONE POWER STATION AWARD – STATE 2003

PART 1 – APPLICATION AND OPERATION 1.1 Title This Award is known as the Gladstone Power Station Award – State 2003.

1756 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 1.2 Arrangement Subject Matter Clause No. PART 1 – APPLICATION AND OPERATION Title ............................................................................................................................................................................................................................1.1 Arrangement...............................................................................................................................................................................................................1.2 Definitions..................................................................................................................................................................................................................1.3 Award coverage .........................................................................................................................................................................................................1.4 Operative date ............................................................................................................................................................................................................1.5 Parties bound..............................................................................................................................................................................................................1.6 Leave reserved ...........................................................................................................................................................................................................1.7 PART 2 – FLEXIBILITY Enterprise flexibility ..................................................................................................................................................................................................2.1 PART 3 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION Consultation ...............................................................................................................................................................................................................3.1 Grievance and dispute settling procedure..................................................................................................................................................................3.2 PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Statement of intent .....................................................................................................................................................................................................4.1 Employment categories..............................................................................................................................................................................................4.2 Part-time employment................................................................................................................................................................................................4.3 Casual employment....................................................................................................................................................................................................4.4 Specific task employees.............................................................................................................................................................................................4.5 Contractors .................................................................................................................................................................................................................4.6 Trainees ......................................................................................................................................................................................................................4.7 Anti-discrimination ....................................................................................................................................................................................................4.8 Contract of employment ............................................................................................................................................................................................4.9 Termination of employment ......................................................................................................................................................................................4.10 Retrenchment .............................................................................................................................................................................................................4.11 Continuity of service – transfer of calling .................................................................................................................................................................4.12 PART 5 – WAGES AND WAGE RELATED MATTERS Classifications ............................................................................................................................................................................................................5.1 Competencies .............................................................................................................................................................................................................5.2 Entry level roles .........................................................................................................................................................................................................5.3 Wages bands ..............................................................................................................................................................................................................5.4 Apprentices ................................................................................................................................................................................................................5.5 Wage increases...........................................................................................................................................................................................................5.6 Gladstone power station premium.............................................................................................................................................................................5.7 Allowances.................................................................................................................................................................................................................5.8 Higher duties ..............................................................................................................................................................................................................5.9 Salary payment...........................................................................................................................................................................................................5.10 PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK Hours of work ............................................................................................................................................................................................................6.1 Overtime.....................................................................................................................................................................................................................6.2 Nine day fortnight – administrative closure day .......................................................................................................................................................6.3 Breaks after overtime.................................................................................................................................................................................................6.4 Meal breaks, crib breaks and meal allowance ...........................................................................................................................................................6.5 Availability duty ........................................................................................................................................................................................................6.6 Recalls ........................................................................................................................................................................................................................6.7 Cribs ...........................................................................................................................................................................................................................6.8 Meal allowance ..........................................................................................................................................................................................................6.9 Availability on administrative closure day................................................................................................................................................................6.10 Rest pauses .................................................................................................................................................................................................................6.11 Shift work...................................................................................................................................................................................................................6.12 Shift penalties.............................................................................................................................................................................................................6.13 Changeover time ........................................................................................................................................................................................................6.14 Short term shift work .................................................................................................................................................................................................6.15 PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Annual leave ..............................................................................................................................................................................................................7.1 Sick leave ...................................................................................................................................................................................................................7.2 Bereavement leave .....................................................................................................................................................................................................7.3 Long service leave .....................................................................................................................................................................................................7.4 Family leave...............................................................................................................................................................................................................7.5 Public holidays...........................................................................................................................................................................................................7.6 PART 8 – TRANSFERS TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK Transport ....................................................................................................................................................................................................................8.1 Travelling after overtime ...........................................................................................................................................................................................8.2 Accommodation, fares, travelling allowance and transfer conditions ......................................................................................................................8.3



Subject Matter Clause No. PART 9 – TRAINING AND RELATED MATTERS Training ......................................................................................................................................................................................................................9.1 PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES Occupational health and safety ..................................................................................................................................................................................10.1 Protective clothing and safety footwear ....................................................................................................................................................................10.2 Tools...........................................................................................................................................................................................................................10.3

PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Right of entry .............................................................................................................................................................................................................11.1 Time and wages record ..............................................................................................................................................................................................11.2 Union encouragement ................................................................................................................................................................................................11.3 Union representative ..................................................................................................................................................................................................11.4 Trade union training leave .........................................................................................................................................................................................11.5 1.3 Definitions 1.3.1 “Employer” means NRG Gladstone Operating Services Pty. Ltd. 1.3.2 “All Purpose Rate” is an employee’s rate of pay encompassing the employee’s base rate of pay and a number of allowances as specified in this

Award in Part 5. 1.3.3 The “Act” shall be taken to mean the Industrial Relations Act 1999 as amended or replaced from time to time. 1.3.4 The “Commission” means the Queensland Industrial Relations Commission. 1.3.5 “Union” means:

(a) The Electrical Trades Union of Employees of Australia, Queensland Branch;

(b) Australian Services Industrial Union of Employees (Queensland Local Government, Energy, Ports, Information Technology, Social and Community Services, Queensland Branch.);

(c) Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland;

(d) Federated Engine Drivers’ and Firemens’ Association of Australasia Queensland Branch, Union of Employees;

(e) The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch;

(f) Federated Ironworkers Association of Australia (Queensland Branch) Union of Employees;

1.4 Award coverage This Award shall apply to the Employer and to those employees at Gladstone Power Station, for whom classifications and wage levels are set out in this Award: Provided that conditions of employment for staff performing roles which are not included in the classifications described in this Award and which accordingly are not covered by this Award, shall be based on the arrangements agreed between the parties subject at all times to the provisions of the Act. 1.5 Operative date This Award takes effect from 13 February 2003. 1.6 Parties bound This Award is legally binding upon the employees as prescribed by clause 1.4, their Employer, and:



(c) Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland;


(e) The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch;

(f) Federated Ironworkers Association of Australia (Queensland Branch) Union of Employees;

and their members. 1.7 Leave reserved 1.7.1 Transmission of business.

1758 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 PART 2 – FLEXIBILITY 2.1 Enterprise flexibility 2.1.1 As part of a process of improvement in productivity and efficiency, discussion should take place at the enterprise to provide more flexible


2.1.2 The consultative processes established in clause 2.1 may provide an appropriate mechanism for consideration of matters relevant to clause 2.1.1.

Relevant Union delegates at the place of work may be involved in such discussions. 2.1.3 Any proposed genuine agreement reached between the Employer and employee(s) in the enterprise is contingent upon the agreement being

submitted to the Commission in accordance with Chapter 6 of the Act and is to have no force or effect until approval is given. PART 3 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 3.1 Consultation The Employer will consult with employees and their representatives. Appropriate consultative mechanisms will be agreed and established between the parties. In managing the Gladstone Power Station, the Employer will, where practicable, provide information to and seek the views of its employees through consultative mechanisms for the purpose of sound managerial decision making. 3.2 Grievance and dispute settling procedure The intent of this problem solving procedure is to resolve disagreements within the work environment. The Employer desires to consult with employees and their representatives as the problem is being resolved. If circumstances arise where employees believe that they are being treated unfairly or without dignity, they shall have the right to appeal the decision which is affecting them through the process set out below. At any time during the problem solving process, an employee shall have the right to be represented by a colleague or representative of their choice in presenting their case. Step 1 – Employees shall discuss any problem with their immediate manager. Step 2 – If the problem is not resolved at Step 1, the matter shall be discussed between the employee and their Manager-Once-Removed. This discussion should occur within 24 hours of the employee’s request. Step 3 – If no agreement is reached at Step 2, the matter shall be reported to the General Manager and the appropriate relevant Union Official, to facilitate resolution of the problem. Step 4 – In the event that a settlement of the matter cannot be reached at Step 3, it shall be notified to the Commission in accordance with the provisions of the Act. Provided that it is not injurious to the health of the workers concerned, or contrary to safe working procedures, work shall continue normally and the status quo, or without prejudice agreed work practice, shall remain in force to allow negotiations to continue. All parties will carry out their obligations under this procedure as expeditiously as possible. All parties shall give due consideration to matters raised, or any suggestion or recommendation made, by the Commission with a view to the prompt settlement of the dispute. Any order or decision of the Commission (subject to the parties’ right of appeal under the Act) will be final and binding on all parties to the dispute. Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of the Act. PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 4.1 Statement of intent 4.1.1 The objectives of the parties to this Award are to provide a continuous supply of electrical power to Boyne Smelters Ltd and Enertrade, at a world

competitive price. 4.1.2 The parties recognize the importance of maintaining the availability of generating plant and continuity of the supply of electricity and are

committed to resolving employee concerns effectively and speedily through full and open communication and agreed consultative, negotiation and problem solving procedures.

4.1.3 This objective will be best achieved by the Employer being able to operate at world class performance levels (as periodically defined, following

consultation with employees) and by providing high quality customer service. 4.1.4 To achieve world-class performance, the Employer and its employees are committed to:

(a) developing safe, productive, efficient and harmonious working relationships;

(b) ensuring the efficiency and prosperity of the business for the benefit of its shareholders, employees and the community; and



(c) operating the plant to ensure that it is cost competitive.

The parties acknowledge that an important factor in achieving these objectives is the need for flexibility of jobs and duties within and between work areas, subject only to limitations imposed by safety considerations, individual skill levels and the availability of training.

4.2 Employment categories Employees covered by this Award shall be advised in writing of their employment category upon appointment. Employment categories are:

(a) full-time; or


(c) casual (as prescribed in clause 4.4); or

(d) Specific task employees (as prescribed in clause 4.5). 4.3 Part-time employment 4.3.1 Part-time employment will be offered at the discretion of the Employer, but the agreement of an existing employee is required for their contract of

employment to be changed to part-time arrangements. 4.3.2 A part-time employee will be regularly employed for not less than 15 hours and not more than 32.20 hours of ordinary working time each week. 4.3.3 The spread of hours of part-time employees will be as specified for full-time employees in this Award or any Certified Agreement. 4.3.4 Ordinary hours and working days must be agreed and recorded at the time of engagement. 4.3.5 Any agreed amendment to the number of ordinary hours worked will be recorded in writing. 4.3.6 A part-time employee’s roster, but not the agreed number of ordinary hours, may be altered by the Employer in accordance with the provisions of

clause 6.1.1(c). 4.3.7 If work is required outside a part-time employee’s ordinary hours, or the spread of hours, overtime rates will be paid at the rates prescribed in

clause 6.2 (Overtime). 4.3.8 Part-time employees will be paid at the appropriate all purpose rate for the agreed ordinary hours. 4.3.9 Leave and other benefits will accrue at, as a minimum, the pro rata rate, except for sick leave, bereavement leave, and family leave, which will

apply as set out in this Award. Details of other benefits will be as set out in the employee handbook. 4.3.10 Where a public holiday falls on a day upon which an employee is normally employed, that employee shall be paid the appropriate rate for the

number of hours normally worked on that day, or if required to attend work, they will receive the appropriate premiums. 4.3.11 Where an employee and their Employer agree in writing, part-time employment may be converted to full-time, and vice-versa. If such an

employee transfers from full-time to part-time (or vice-versa), all accrued Award and legislative entitlements shall be maintained. Following transfer to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment.

4.4 Casual employment 4.4.1 A casual employee means an employee who is engaged by the hour for less than one week and paid as such. 4.4.2 The following conditions shall be applicable to casual employees:

(a) The ordinary hours shall not exceed 8.05 hours per day to be worked within the spread of hours prescribed in clause 6.1.1.

(b) A casual employee shall be paid at the rate of 23% per hour in addition to the ordinary hourly rates with a minimum payment of 2 hours for each engagement.

(c) All time worked in excess of 8.05 hours per day or outside the spread of hours in clause 6.1.1, shall be paid at the appropriate overtime rate.

4.5 Specific task employees 4.5.1 A specific task employee will be employed for a continuous period of less than 12 months. 4.5.2 When the employee’s contract of employment is terminated, except for reason of misconduct, they will receive payment for any public holiday

which occurs before the Employer’s next normal working day. 4.5.3 The contract of employment can be terminated by either party on the giving of 2 day’s notice, or the payment by the Employer of wages in lieu,

except in the case of summary dismissal. 4.5.4 A specific task employee will be entitled to long service leave after accumulating 10 year’s service, with no break in excess of 12 months. The

entitlement is 13 weeks after 10 years and will be paid at the all purpose rate. 4.5.5 When a specific task employee has accumulated 12 months of service, they are eligible for sick leave as required, which will be provided in

accordance with this Award. (An employee with less than 12 month’s service will accrue sick leave at the rate of 7.3 hours for each completed month of service. These will remain in credit until the employee reaches 12 month’s service, with no break in excess of 12 months. There will be no pay out of accumulated entitlements.)

4.5.6 Superannuation will be paid at the Superannuation Guarantee contribution rate.

1760 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 4.5.7 The accumulated service of a specific task employee will be counted towards service if the employee is appointed to a continuing role with the

Employer. 4.6 Contractors 4.6.1 The Employer will use the test of a more productive and cost competitive operation to decide, from time to time, whether to develop new skills in

existing employees, or to use contractors. Before contractors are engaged, the Employer will assess its own resources and be satisfied that it is unable to undertake the work required.

4.6.2 Contractors will be used where the work volume is beyond the capacity of the existing employees of the Employer, where the work requires

specialist resources, or where there can be no guarantee of work of a permanent and continuous nature for those contracted to perform the tasks. 4.6.3 Contractors will not be used specifically to diminish the volume of day-to-day work within a particular role, nor to avoid increasing employee

requirements to meet developing work demands of a permanent and continuous nature, or to circumvent the availability and delivery of training to existing employees.

4.6.4 Four weeks prior to contractors being engaged, the Employer will advise employees of its intention to use a contractor, the number and type of

employees involved and the scope of work. 4.6.5 Every endeavour will be made to give prior notice when urgent contract work is necessary. 4.6.6 Contractors will be required to observe the site safety policy and procedures. The Employer will provide contractors and their employees with the

necessary induction to ensure that they are able to complete their work at the site safely and productively. 4.6.7 It shall be a requirement of contract documents that:

(a) The terms and conditions of employment for employees of contractors shall be in accordance with the relevant legislation or industrial agreements;

(b) the contractor make all relevant payments in respect of their employees, including payment to severance funds in accordance with relevant

agreements;

(c) where employees and contractors’ employees are working side by side on site on the same task, the hours of work contained in this Award shall apply;

(d) employees of contractors are encouraged to be financial members of the relevant Union respondent to this Award.

and for core work that:

(e) where employees and contractors’ employees are engaged on core work they shall receive rates of pay and allowances which are at least the

minimum for the roles specified in this Award.

For this purpose, core work with the Employer is considered to be operations and maintenance work performed on the following plant which is directly associated with the generation of electricity: – boilers – turbo generators – auxiliary plant – chemical plant – coal plant

4.6.8 Contractors and/or their employees will not be appointed to any position as continuing employees unless normal advertising and selection

processes have been followed. 4.6.9 Any dispute to do with the employment of contractors will be dealt with through the grievance and disputes settling procedure in clause 3.2. 4.6.10 Before any contractor engages subcontractors to assist in completion of a contract, it is necessary for the Employer to give its approval. 4.7 Trainees Trainees are engaged under this Award, except as amended from time to time by the Order for Apprentices’ and Trainees’ Wages and Conditions (Excluding Certain Queensland Government Entities). 4.8 Anti-discrimination 4.8.1 It is the intention of the parties to this Award to prevent and eliminate discrimination as defined by the Anti-Discrimination Act 1991 and the

Industrial Relations Act 1999 which includes:

(a) discrimination on the basis of sex, marital status, family responsibilities, pregnancy, parental status, age, race, impairment, religion, political belief or activity, trade union activity, lawful sexual activity and association with, or relation to, a person identified on the basis of the above attributes;



4.8.2 Accordingly, in fulfilling their obligations under the grievance and disputes settling procedure in this Award , the parties to this Award must take





(a) any different treatment (or treatment having different outcomes) which is specifically exempted under the Anti-Discrimination Act 1991; or

(b) an employee, Employer or registered organisation, pursuing matters of discrimination, including by application to the Human Rights and Equal Opportunity Commission/Anti-Discrimination Commission Queensland.

4.9 Contract of employment 4.9.1 The Employer may direct an employee to carry out such duties as are reasonable, within the limits of the employee's skill and competency,

arising from experience, training and certification as required by statute. 4.9.2 The Employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the

employee has been properly trained in the use of such tools and equipment where relevant. 4.9.3 Any direction issued by the Employer pursuant to clauses 4.9.1 and 4.9.2 shall be consistent with the Employer’s responsibilities to provide a

safe and healthy working environment. 4.10 Termination of employment 4.10.1 Statement of employment The Employer shall, in the event of termination of employment, provide upon request to the employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee. 4.10.2 Termination by employer

(a) In order to terminate the employment of an employee the Employer shall, in accordance with the provisions of the Act, give the following notice:




continuous service, shall be entitled to an additional week’s notice.

(c) Payment in lieu of notice shall be made if the appropriate notice is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(d) In calculating any payment in lieu of notice the ordinary time rate of pay for the employee concerned shall be used.

(e) The period of notice in clause 4.10.2(a) shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal,

or in the case of casual, or seasonal employees, or to employees on daily hire, or employees engaged for a specific period of time or for a specific task or tasks.

4.10.3 Notice of termination by employee Except in the case of casual employees and specific task employees the notice of termination required to be given by an employee shall be at least one week’s notice or one week’s wages paid or forfeited in lieu. 4.10.4 It shall not be lawful for the Employer to offset notice of termination against any period of annual leave or part thereof. 4.10.5 Payment on discharge When employment is terminated by either party, the employee shall be paid all monies due on the date of termination or at least no later than the next administrative working day. 4.10.6 An employee not so paid shall be paid at the all purpose rate until they receive their termination payment. 4.10.7 Dismissal An employee may be dismissed for a valid reason as prescribed by the Act. 4.11 Retrenchment Retrenchment arrangements will be in accordance with the Regulations made under the Gladstone Power Station Sale Agreement Act 1993, as amended from time to time. 4.12 Continuity of service – transfer of calling In cases where a transfer of calling occurs, continuity of service should be determined in accordance with sections 67-71 of the Act, as amended from time to time. PART 5 – WAGES AND WAGE RELATED MATTERS 5.1 Classifications There will be 4 classification streams:

1762 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 5.1.1 Administrative Services Employee

Includes non-strategic clerical and administrative roles. 5.1.2 Operations Employee

Includes non-management operations (control) and operations (coal) roles. 5.1.3 Plant Services Employee

Includes non-trades roles where the employee is providing service to plant facilities. 5.1.4 Technical Services Employee

Includes trades and some technical, para-professional roles. 5.2 Competencies 5.2.1 The competency matrix in clause 5.4 describes, in summary, the competency requirements for each classification level. 5.2.2 The parties to this Award recognize that to continue to increase the cost competitiveness of the Gladstone Power Station, a commitment to

improving work related competencies of all employees is required. Accordingly, the parties commit themselves to:

(a) developing a more competent and flexible workforce;

(b) providing employees with career opportunities through appropriate development activities to acquire additional role related skills; and

(c) removing barriers to the utilization of skills. 5.2.3 Individual development plans will be prepared for and agreed with each employee. These plans will form the basis for the Employer’s assessment

of performance related pay increases. 5.3 Entry level roles Entry-level roles are established in each classification stream. These entry level roles are included in clause 5.4. 5.4 Wages bands After the Gladstone Power Station sale in 1994, each employee translated into the appropriate band by taking their current base wage and adding these allowances to it, where applicable:

– 2.5% premium where currently applied: – Industry payment – Power station allowance – Locality allowance paid at the maximum rate for all employees living with a partner or their children and at the minimum rate for all other

employees. – Gladstone special allowance paid at the maximum rate for all employees who currently receive the allowance. (Allowance previously paid

with respect to housing). – Tradesperson allowance – CAD allowance – Leading hand allowance

This will be defined as the all purpose rate. The Entry level competency matrix describes:

– the competencies for entry level positions within each classification stream; and

– the starting wage for a new employee selected to perform the work of an entry level role.

ADMINISTRATIVE SERVICES STREAM

Wage New Classification Title

Work Skills Job Skills

Entry Level 1A

$29629 Administrative Services Employee 1A

Access and record pieces of information from a single source. Express routine ideas and information in familiar situations. Plan and organise a routine activity under supervision. Work with others to undertake familiar activities. Use mathematical ideas and techniques for completing simple tasks in familiar situations. Solve routine problems with minimal supervision. Reproduce a basic product or service.

Typing duties requiring an accurate production of well laid out material in accordance with clear instructions. Office tasks which are uncomplicated, repetitive and closely prescribed.

Entry Level 1B

$35045 Administrative Services Employee 1B

Access, select and record information from more than one source. Express routine ideas and information in unfamiliar situations. With guidance, plan and organise a complex activity. Work with others to achieve group goals.

Supervises a team in order to complete tasks. Works under minimal supervision. Completes office tasks which may be complex.



Use mathematical ideas and techniques for completing simple tasks in unfamiliar situations. Tackle exploratory problems with close supervision.

Entry Level 2

$37833 Administrative Services Employee 2

Access, select and organise information from a range of sources. Express complex ideas and information in familiar situations. Independently plan and organise a routine activity. Help formulate and achieve group goals. Select and use mathematical ideas and techniques for completing complex tasks. Solve routine problems without supervision and exploratory problems with some guidance.

Leads a team in order to complete complex tasks. Works independently. Accountable for specified and various duties of a complex nature.

Entry Level 3

$41965 Administrative Services Employee 3

Access, evaluate and organise information from a range of sources. Express complex ideas and information in unpredictable or unfamiliar situations. Initiate, perform and evaluate a complex activity independently. Collaborate with others to complete complex activities. Evaluate, adapt and use mathematical ideas and techniques in completing tasks. Implement a systematic approach to the solving of complex problems and explain processes used.

Leads a team to plan and complete projects of a complex nature. Plan program and undertake complex tasks. High level competence in a specified field.

PLANT SERVICES STREAM

Wage New Classification

Title Work Skills Job Skills

Entry Level 1A

$29335 Plant Services Employee 1A

Access and record pieces of information from a single source. Express routine ideas and information in familiar situations. Plan and organise a routine activity under supervision. Work with others to undertake familiar activities. Solve routine problems with minimal supervision. Reproduce a basic product or service.

Ability to work under direct supervision and perform routine duties essentially of a manual nature.

Entry Level 1B

$31155 Plant Services Employee 1B

Access, select and record information from more than one source. Express routine ideas and information in unfamiliar situations. With guidance, plan and organise a complex activity. Work with others to achieve group goals. Use mathematical ideas and techniques for completing simple tasks in unfamiliar situations. Tackle exploratory problems with close supervision.

Holds an appropriate certificate of competency and is able to demonstrate the skills and knowledge of such certificate.

Entry Level 2

$33700 Plant Services Employee 2

Access, select and organise information from a range of sources. Express complex ideas and information in familiar situations. Independently, plan and organise a routine activity. Help formulate and achieve group goals. Select and use mathematical ideas and techniques for completing complex tasks. Solve routine problems without supervision and exploratory problems with some guidance.

Supervise a team. Accountable for completing specified tasks of a routine nature. Works independently.

OPERATIONS STREAM



Entry Level 3

$41495 Operations Employee 3 Access, evaluate and organise information from a range of sources. Express complex ideas and information in

Trades qualification or 2nd Class Engine Driver’s Certificate.




unpredictable or unfamiliar situations. Initiate, perform and evaluate a complex activity independently. Collaborate with others to complete complex activities. Evaluate, adapt and use mathematical ideas and techniques in completing tasks. Implement a systematic approach to the solving of complex problems and explain processes used.

Entry Level 4

$48183 Operations Employee 4 Works independently combining theoretical knowledge with skills. May perform limited planning or development tasks. Competencies developed through combining applied theoretical knowledge and developed skills.

Engineer’s Certificate or 1st Class Engine Driver’s Certificate or equivalent.

Entry Level 5

$51526 Operations Employee 5 Works autonomously combining applied theoretical knowledge and developed skills. Undertakes planning and development tasks. Competencies developed through combining applied theoretical knowledge and developed skills.

Engineer’s Certificate or 1st Class Engine Driver’s Certificate or equivalent. Accountable for plant isolations. Leadership of team.

OPERATIONS (COAL) STREAM



Entry Level 1A

$31222 Operations Employee (Coal) 1A

Access and record pieces of information from a single source. Express routine ideas and information in familiar situations. Plan and organise a routine activity under supervision. Work with others to undertake familiar activities. Solve routine problems with minimal supervision. Reproduce a basic product or service.

Ability to work under direct supervision and perform routine duties essentially of a manual nature.

Entry Level 1B

$33494 Operations Employee (Coal) 1B

Access, select and record information from more than one source. Express routine ideas and information in unfamiliar situations. With guidance, plan and organise a complex activity. Work with others to achieve group goals. Use mathematical ideas and techniques for completing simple tasks in unfamiliar situations. Tackle exploratory problems with close supervision.

Holds an appropriate certificate of competency and is able to demonstrate the skills and knowledge of such certificate.

TECHNICAL SERVICES STREAM



Entry Level 1A

$32600 Technical Services Employee 1A

Access and record pieces of information from a single source. Express routine ideas and information in familiar situations. Plan and organise a routine activity under supervision. Work with others to undertake familiar activities. Use mathematical ideas and techniques for completing simple tasks in familiar situations. Solve routine problems with minimal supervision. Reproduce a basic product or service.

Holds an appropriate trade certificate, tradespersons’ rights certificate or certificate of competency and is able to demonstrate the skills and knowledge of such certification.

Entry Level 1B

$33750 Technical Services Employee 1B

Access, select and record information from more than one source. Express routine ideas and information in unfamiliar situations. With guidance, plan and organise a complex activity. Work with others to achieve group goals. Use mathematical ideas and techniques for

Tradesperson required to perform complex tasks unsupervised. Able to examine, diagnose and modify systems.



completing simple tasks in unfamiliar situations. Tackle exploratory problems with close supervision.

Entry Level 2

$34704 Technical Services Employees 2

Access, select and organise information from a range of sources. Express complex ideas and information in familiar situations. Independently, plan and organise a routine activity. Help formulate and achieve group goals. Select and use mathematical ideas and techniques for completing complex tasks. Solve routine problems without supervision and exploratory problems with some guidance.

Tradesperson with Associate Diploma, Diploma, or equivalent.

Entry Level 3

$46967 Technical Services Employee 3

Access, evaluate and organise information from a range of sources. Express complex ideas and information in unpredictable or unfamiliar situations. Initiate, perform and evaluate a complex activity independently. Collaborate with others to complete complex activities. Evaluate, adapt and use mathematical ideas and techniques in completing tasks. Implement a systematic approach to the solving of complex problems and explain processes used.

Plan, program and undertake complex technical work.

NOTE: The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2002 Declaration of General Ruling and earlier Safety Net Adjustments. [Disputed cases are to be referred to the President.] This arbitrated wage adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this Award which are above the wage rates prescribed in the Award. Such payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, Award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Cases or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments. 5.5 Apprentices The employment of apprentices will be governed by the Training and Employment Act 2000. Apprentices will be paid at the following rates of the entry level technical services employee: 1st year 40% 2nd year 55% 3rd year 75% 4th year 90% 5.6 Wage increases There will be 4 kinds of wage increases which will be possible: 5.6.1 Band increase may apply to all employees. An annual review will be undertaken to ensure that wage ranges reflect the appropriate labour market,

industry environment and Employer performance. In the second quarter of each year, the wages bands will be assessed against this data and the distribution of wages through the bands will be analysed to determine whether an increase in band range is necessary.

5.6.2 Application of existing wage fixing principles of the Commission will apply to all employees. 5.6.3 Increases based on the agreed development and use of additional competencies will apply to all employees. 5.6.4 Employees will be able to achieve an individual wage increase by being assessed as capable of demonstrating an agreed competency. Each

employee will be able, in conjunction with their immediate manager, to develop an agreed individual development plan which specifies the competencies which the Employer will support the employee to achieve. Once the employee is formally assessed as able to demonstrate the competency, they will be paid the appropriate increase.

5.6.5 Performance-based increases may be available to all employees. The following process will be used to work towards a performance-based system.

The process may cease at any time if that is the outcome of the review stage.

A working group will:

– develop an appropriate timetable for each stage; – consult with the workforce; – prepare a proposal; – assist in system implementation, including development of training; – conduct each review.


The Employer will implement the system only if 60% or more of those affected agree. The parties acknowledge that agreement has already been reached to proceed with Stage 1.

Once employees vote to implement a system, the working group will develop a review process to analyse whether the system achieves its objective. It will then report to the Employer which will decide, in consultation with the workforce, when to proceed to the next stage.

5.6.6 The parties recognise that training will be a critical element in ensuring the success of this system and are committed to providing all necessary

training prior to implementation of each stage of the system. Stage 1 Development of performance indicators at the work group level. – Vote on implementation. – Review. – Decision on proceeding to next stage.

Stage 2 Development of individual and work group performance objectives.

– Vote on implementation. – Review. – Decision on proceeding to next stage.

Stage 3 Development of methods to evaluate achievement of individual objectives.


Stage 4 Assessment of individual and work group performance against objectives.


Stage 5 Create mechanism to link performance assessment and wage increases.

– Vote on implementation. – Review.

5.7 Gladstone power station premium 5.7.1 A Gladstone power station premium will be paid for all purposes. 5.7.2 Employees will be paid one of the following rates, as determined by the Employer, having consideration for the expected work of the role of the

employee. The payment of the rate shall be reviewed annually, or if there is substantial change in the work role of the employee, based on the degree of exposure to disabilities associated with power station operating plant such as heat, noise, vibration, dust, etc.

(a) If you are judged to have an exposure to disabilities, beyond the compensation provided by the power house allowance, of 0% to less than

10%, then you will not receive a Gladstone power station premium.

(b) If you are judged to have an exposure to disabilities beyond the compensation of the power house allowance, of more than 10% to less than 30%, then you will receive a Gladstone power station premium of $315.00

(c) If you are judged to have an exposure to disabilities beyond the compensation of the power house allowance, of more than 30% to less than

50%, then you will receive a Gladstone power station premium of $628.00

(d) If you are judged to have an exposure to disabilities beyond the compensation of the power house allowance, of more than 50%, then you will receive a Gladstone power station premium of $941.00

5.7.3 In assessing which payment the individual is entitled to, the percentage exposure rates expressed above shall be taken to mean actual time spent

exposed to the disabilities associated with power station operating plant such as heat, noise, vibration, dust etc. 5.7.4 The Gladstone power station premium is an amount in compensation for the following allowances. No further claims for these allowances will be

allowed within this Award or any Agreement.

Ash Pit Battery work Bitumen or Tar Boiler Ducting Maintenance Boilermakers on Repair Work Bricklayers on Repair Work Building Construction Work Certificate Coal Dust Allowance Weed Control Concrete Mixing Confined Space Dirty Work Explosive Powered Tools Height Hot & Cold Work Insulation Unpleasant Conditions Motor Vehicles Drawing Trailers Noxious Gas Fumes Pole Lifting, Jack Hammer Work and Handling

Cement Precipitator Roof Repairs Shot/Sand Blasting Wet Work Toxic Substances Uniform & Laundry

5.7.5 There will be 2 exceptions to the above:

(a) All employees in Work Groups 21, 22, 23, 24, 25, 26 and 27 will continue to be paid the coal dust allowance for a minimum of 4 hours per day and for any hours in excess of this when working on train unloading or in cleaning of the transfer towers and bunkers. They will not receive the Gladstone Power Station premium. This arrangement will be reviewed when the coal plant refurbishment project is completed.



(b) All employees in Work Group 59 who work on the burner front will continue to be paid the unpleasant conditions allowance at their current rate. This will be paid in addition to an adjusted Gladstone Power Station premium (which will take into account payment of the UPC).

5.8 Allowances The following allowances will be paid: 5.8.1 Asbestos removal Employees required to remove asbestos, or employees working near any asbestos removal will be paid a disability allowance of 51.4 cents per hour. 5.8.2 First aid allowance Employees who hold an appropriate first aid certificate and who are appointed by the Employer as first aid attendants will be paid an ability allowance of $10.70 per week. This allowance shall not be paid while employees are absent on annual leave or long service leave. 5.8.3 Live sewer work Employees engaged on live sewer work shall be paid at the rate of time and a-half. For this purpose live sewer work means work carried out in situations where there is direct arterial connection with a sewer through which sewerage is flowing. The term shall include mechanical and electrical equipment installed in association with any such sewer or sewerage pumping station or treatment works, but shall not apply to routine maintenance which does not require the dismantling of pumps etc. The term shall also include a minimum payment of one hour for work on pumps after removal from a pumping station or treatment works for cleaning or stripping. Where arterial connection with a sewer is blocked by a disc, plug, valve, water seal or other means, the live sewer rate shall not apply. Employees who, on any day, are required to carry out work in connection with the release of blockages in sewerage lines and connections thereto (including pumps) shall be paid not less than 4 hours at time and a-half during ordinary hours or at the appropriate rate for overtime. 5.8.4 Tool allowance The following tool allowances shall be paid to tradespeople who are required to supply and use their own tools:

Core Skills Per Week $

(i) Carpenter, Joiner, Plumber, Gasfitter 16.50 (ii) Electrical fitter, Electrical mechanic, Electrical fitter (instrumentation and process control), Mechanical fitter, Motor

mechanic, Refrigeration mechanic and serviceperson 10.80

(iii) Bricklayer 11.90 (iv) Automotive electrician, Radio mechanic, Television mechanic, Boilermaker, Diesinker, Toolmaker, Turner, Sheet

metal worker 8.10

(v) Electrical jointer, Blacksmith, Welder, Linesperson 5.40 (vi) Painter 4.10

Tool allowances shall not be paid while employees are absent on annual leave or long service leave. 5.8.5 Work in the rain

(a) Suitable waterproof clothing shall be supplied by the Employer, where practicable, to employees who are required to work in the rain.

(b) Notwithstanding the foregoing, where in the performance of such work, an employee whose clothes become wet from rain, they shall be paid double rates for all work so performed and such payment shall continue until the employee is able to change into dry clothing, or until work ceases, whichever is the earlier.

(c) Where a call-out involves work in the rain and where such call-out entitles an employee only to the minimum payment prescribed by this

Agreement, the penalty for work in the rain shall be paid in addition to such minimum payment. 5.8.6 Review of allowances The amount of each allowance will be reviewed annually in the second quarter of each year. 5.9 Higher duties 5.9.1 Where the Employer authorises or directs an employee to carry out duties which attract a higher rate of pay, the employee shall be entitled to the

appropriate all purpose rate of pay as prescribed for carrying out those duties. 5.9.2 Where there is a range of salary prescribed for carrying out those duties, employees shall be paid at a rate not less than the minimum rate of pay

pertaining to such higher position. 5.9.3 Where an Award covered employee is selected to temporarily perform the work of a role of a higher classification and that classification is

covered by staff arrangements, the Award covered employee will continue to work under Award conditions and will be paid at a rate not less than the minimum rate of pay pertaining to such higher position.

5.9.4 Employees who are being paid higher duties on the day immediately preceding the taking of annual, long service or sick leave, shall be paid at the

higher duties rate for such leave. 5.10 Salary payment 5.10.1 An employee’s salary shall be paid to the employee’s credit in up to 3 accounts, if one is the Electricity Credit Union, or 2 accounts otherwise

nominated by the employee with any bank, credit union, permanent building society or other financial institution.

1768 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 5.10.2 Pays are to be available on time and pay advice slips are to be issued on pay day. 5.10.3 Wages will be paid each week and the frequency of pays will be reviewed as part of any negotiations for a certified agreement. For the purpose

of calculating the weekly pay, annual salary will be divided by 52, except in the case of shift workers where pay will be according to the weekly roster.

5.10.4 The Employer will meet in full any costs incurred in the payment of salary into the employee’s nominated accounts including transaction fees up

to one transaction per week per account. PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK 6.1 Hours of work 6.1.1 Day workers

(a) The ordinary working hours of day working employees excluding casuals and part-time employees, shall not exceed 36¼ hours per week or 7¼ hours per day, to be worked between the hours of 6.00 a.m. to 6.30 p.m. Monday to Friday inclusive with a break of not more than one hour for a meal.

(b) Consecutive hours will be worked and there will be no split shifts.

(c) By agreement, employees and the Employer will negotiate regular starting and ceasing times which may vary between individuals and/or

work groups. Seven days notice will be required to change these regular times or the appropriate penalties will be paid:

Provided that by agreement between the Union/s and the Employer the ordinary hours may be worked over a fortnightly period of 9 consecutive working days and not more than 8.05 hours shall be worked on any such day at all purpose rates:

Provided that where the Employer and employee agree, not less than 30 minutes shall be allowed for the midday meal break.

6.2 Overtime 6.2.1 General

(a) Except as hereinafter provided, all time worked in excess of that provided for in clause 6.1.1 or before the regular starting time or after the regular ceasing time, shall be deemed overtime and shall be paid for at one and a-half times the all purpose rate for the first 3 hours and double time thereafter. Each day to stand by itself when overtime is being computed, except where an employee commences overtime on one day and continues to work such overtime into the next day.

(b) No employee shall refuse to work a reasonable amount of overtime to meet the needs of the Employer.

(c) Systematic overtime shall not be worked; it shall be considered such when 3 consecutive weeks’ overtime has been worked:

Provided that this subclause shall not apply when extra labour is not available forthwith.

(d) When any portion of an hour is worked, employees shall receive payment in respect of any broken part of an hour at the current overtime rate

with a minimum payment for one half hour. 6.2.2 Penalties and minimum payments

(a) Saturday – Employees required to work overtime commencing on Saturday shall be paid at one and a-half times the all purpose rate for the first 3 hours and double time thereafter, with a minimum period of 3 hours work or payment therefore.

(b) Sunday – All overtime work done on Sundays shall be paid at the rate of double time.

(c) Minimum payment for Sundays – When employees are called upon to work on a Sunday, they shall receive a minimum of 3 hours pay at the

rates prescribed in this Award. Day operators shall be paid double time for all overtime worked.

(d) Overtime worked in any calling in or in connection with which more than one shift per day is worked, shall be paid for at the rate of double time.

(e) For all employees engaged in shift work, all time worked in excess of 8 hours in any one day shall be considered as overtime. Clause 6.2.2(e)

shall not apply where shift employees have agreed to work on a permanent 12 hour shift roster.

(f) Employees who are required to work on their administrative closure day shall be paid, for all such work, at overtime penalty rates as prescribed in this Award for non-continuous overtime Monday to Friday with a minimum of 4 hours at appropriate overtime rates.

(g) Where employees are required to report to work overtime between midnight and 6 a.m. they shall be paid at the rate of double time for all

time so worked up to the ordinary starting time Monday to Friday and up to 7 a.m. Saturday. 6.2.3 Recalls

(a) Employees recalled to work overtime, after leaving the Employer’s business premises on Monday, Tuesday, Wednesday, Thursday or Friday (whether notified before or after leaving the premises) shall be paid for a minimum 4 hours’ work at the appropriate overtime rate for each recall:

Provided that, except in the case of unforeseen circumstances arising, an employee shall not be required to work the full 4 hours if the job the employee was recalled to do is completed within a shorter period.

(b) Provided also that overtime worked in cases where it is customary for an employee to return to the Employer’s premises to perform a specific

job outside of working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time, shall not be regarded as overtime for the purposes of this subclause.



6.2.4 Rest break after overtime – availability duty Notwithstanding the provisions contained in other sections of this Award, the following will apply in relation to availability duty:

(a) An employee who is recalled to work between 5.00 pm on Sunday, public holidays and administrative closure days and ordinary commencing time on the following working day, so that they have not had 10 hours off duty between those times shall, where practicable, be entitled to defer their normal starting time on such following working day until they have had a 10 hour break: Provided that overtime worked in such circumstances shall not be regarded as overtime for the purposes of this provision where the actual time worked is less than 3 hours on such recall or on each of such recalls.

(b) Employees who are called out after 9.00 pm and before 5.00 am on the following day shall, where practicable, be entitled to defer their

ordinary starting time to have a 10 hour break after completion of the last call-out, provided that the total time worked in the call out, or call-outs, is more than 2 hours.

(c) This provision shall have application only when an employee has not qualified for a 10 hour break in terms of the existing provision in the

Award.

(d) Where an employee who is rostered on availability duty has had a continuous 10 hour break from the time of ceasing work for the day and is subsequently called out for longer than 2 hours, they would be entitled to extend their normal commencing time until they have availed themselves of a further 6 hour break after completion of their last recall.

(e) Further to this, in the instance that a continuous 10 hour break has not been enjoyed by the rostered employee ie. a call-out of less than 3

hours is worked by the employee between ceasing time and 9.00 pm and a call-out of longer than 2 hours is subsequently worked, then the employee would be entitled to extend their normal commencement time until they have had a 10 hour break after completion of the last recall.

(f) In the circumstances referred to, no deduction of pay shall be made where the break extends into ordinary hours, provided that where it is not

practicable for such break to be taken, double rates shall be paid until they are released from duty for such period. Any ordinary time following their release from duty shall be paid at all purpose rates:

Provided that the employee qualifies for a 10 or 6 hour break in respect to the provisions of this Award and the points above, such break shall commence from the time they return home from the last recall.

A Normal Ceasing time

B 9pm 10 hours after normal ceasing time

C 5 am

Normal commencing time

1. If a person is called out in this period and works 3 hours or more on each recall or recalls – 10 hour break

2. If a person is called out one or more times in this period and works more than 2 hours in total – 10 hour break

3. If a person is called out for the first time in this period and works more than 2 hours – 6 hour break.

4. If a person is called out 2 or more times in this period and works more than 2 hours in total. At least one call-out must occur in period B – 10 hour break.

5. If a person is called out for less than 3 hours in period A and more than 2 hours in period C – 10 hour break 6.3 Nine day fortnight – administrative closure day It has been agreed that a 9 day fortnight shall be worked and will result in: 6.3.1 Ordinary working hours for employees working 36.25 hours per week will be of 8.05 hours a day. The span of working hours will be in

accordance with this Award. 6.3.2 The administrative closure day will be the first Monday in each fortnightly period. However, as there will be a need for a certain number of

employees to attend work on that particular day, the second Monday in each fortnightly period will be the alternative administrative closure day for employees who are required to work on the first Monday. Alternatives to the foregoing arrangements will be necessary in certain circumstances.

6.3.3 Leave debits will be equivalent to the ordinary hours employees would have worked had they not been on paid leave. For example, an employee

who is absent for 3 days on leave will be debited 24.15 hours, provided they have such leave in credit. 6.3.4 The Employer may, by agreement with its employees or section/s of its employees, substitute a designated administrative closure day to allow

greater continuity of operation, provided that the substituted administrative closure day is taken on a day to be agreed. 6.3.5 By agreement only, employees may bank up to 10 administrative closure days off to be taken as agreed, or with annual leave. 6.3.6 Employees will have 3 options with regard to the administrative closure day:

(a) The option to take the administrative closure day off.

(b) The option to work the administrative closure day and receive payment of overtime in accordance with this Award.

(c) The option to work the administrative closure day and accumulate a substitute day to a maximum of 10 days to be taken at a later date, as agreed with the Employer.

6.3.7 If employees perform work outside of ordinary working hours on their administrative closure day, the appropriate overtime rates will apply.

1770 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 6.3.8 Should the administrative closure day on the first Monday in each fortnightly period fall due on a public holiday, then it will be transferred to the

following Monday. If the second Monday is also a public holiday then the administrative closure day shall be taken on the Tuesday after the first Monday. Alternative arrangements will need to be made in the current pay week for the employees who normally take the second day off as the alternative administrative closure day.

6.3.9 If an employee is rostered on for availability duty on a public holiday they shall be credited with a day in lieu to be added to annual leave and

such day credited will be 8.05 hours. 6.4 Breaks after overtime 6.4.1 Employees who work so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary

work on the next day that they have not had at least 10 consecutive hours off duty between those times shall, subject to clause 6.4.1, be released after completion of such overtime until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of the Employer such employees resume or continue work without having had such 10 consecutive hours off duty, they shall be paid double rates until they are released from duty for such period and they shall then be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence:

Provided that, where employees are recalled to work after the ordinary ceasing time, overtime worked in such circumstances shall not be regarded as overtime for the purposes of clause 6.4.1 where the actual time worked is less than 3 hours on such recall, or on each of such recalls.

6.4.2 The provisions of clause 6.4.1 shall apply in the case of shift workers who rotate from one shift to another as if 8 hours were substituted for 10

hours when overtime is worked:

(a) For the purpose of changing shift rosters; or

(b) Where a shift worker does not report for duty; or

(c) Where a shift is worked by arrangement between the employees themselves. 6.4.3 Employees who work so much overtime between 5 p.m. on Sunday, public holidays and administrative closure days and ordinary commencing

time on the following working day so that they have not had 8 consecutive hours off duty between those times, shall, where practicable, be entitled to defer their normal starting time on such following working day until they have had 8 hours break from the time they return home from such overtime.

In the circumstances referred to above no deduction of pay shall be made where the break extends into ordinary hours:

Provided that where it is not practicable for such break(s) to be taken, double rates shall be paid until the employee is released from duty for such period. Any ordinary time following release from duty shall be paid for at all-purpose rates.

6.5 Meal breaks, crib breaks and meal allowance 6.5.1 When working overtime, for more than one hour, employees shall be allowed to take 30 minutes for “crib” after the ordinary ceasing time, and

also 45 minutes after each 4 hours’ work, provided such overtime continues, for which no deduction shall be made. 6.5.2 All employees required to do overtime work for more than one hour shall be paid $7.50 for each meal between the ordinary ceasing time and the

completion of overtime work, unless the Employer provides such meal for them. 6.5.3 When employees have provided themselves with customary meals because of receipt of notice of intention to work overtime, they shall be

entitled to an allowance of $8.40 for each meal so provided in the event of the work not being performed or ceasing before the respective meal times.

6.5.4 All work done during the recognised meal period shall be paid for at the rate of double time, such payment to continue until a meal period has

commenced. No employee shall be required to work more than 5 hours without a break for a meal.

TIME CRIBS ARE DUE CRIB PAYMENT MEAL ALLOWANCE DUE Ceasing time 30 mins @ time and a-half

1

4½ hours after ceasing time

45 mins @ double time 1

9¼ hours after ceasing time

45 mins @ double time 1

14 hours after ceasing time 45 mins @ double time 1 6.5.5 When employees work more than 4 hours’ overtime on a Saturday and/or Sunday they shall be entitled to a meal break of not more than one hour

at the end of the 4th hour, provided that their overtime is to continue for not less than one hour after the meal break.

If such overtime continues to the tenth hour from the commencement of such overtime on such day, employees shall be entitled to a further meal break of not more than one hour provided overtime continues after the break.

Furthermore, where such overtime continues after the tenth hour from the commencement of such overtime on such day, employees shall be entitled to a further meal break (provided such overtime continues), of not more than one hour after each additional 5 hours until such time as such overtime is completed.

6.5.6 Employees called out shall be allowed to take 45 minutes for crib after each 4 hours’ overtime worked, provided such overtime continues, for

which no deduction shall be made.

WHEN CRIBS ARE DUE AND TAKEN CRIB PAYMENT MEAL When period of overtime & crib exceeds 4 3/4 hours When period of overtime & cribs exceeds 9½ hours When period of overtime & cribs exceeds 14¼ hours When period of overtime & cribs exceeds 19 hours

45 mins at overtime rates




1 1 1 1



6.5.7 Employees called out within one and a-half hours of their normal ceasing time and who are required to work for more than one hour, or are called out within 2 hours of normal starting time, shall be entitled to a meal allowance of $7.50 and in addition shall be allowed 30 minutes as soon as possible thereafter, without deduction of pay, to partake of a meal.

6.6 Availability duty 6.6.1 Employees required by the Employer to be on call for work outside ordinary working hours shall be paid at the rate of $108.90 per week for each

week on which they are required to be on call. 6.6.2 Employees required to act as duty employees outside ordinary working hours shall be paid at the rate of $162.80 per week for each week they are

required to be on such duty. 6.6.3 For the purpose of this section, an “on call” employee means an employee who, outside ordinary working hours, is required to make themselves

available at all times to respond to call-outs or recalls to work. A “duty employee” means an employee who is required after ordinary hours to be able to receive calls relative to call-outs or recalls.

6.6.4 Payment for the above allowance will be strictly conditional on an employee’s availability to work in terms of the availability roster and is based

on the following formula:

Day Proportion of Weekly Availability Roster Monday to Friday 10% per day Saturday and Sunday 25% per day

6.6.5 An employee who is required to attend on the availability roster because of another employee’s absence, or unavailability, will be entitled to be

paid the relevant proportion of the availability allowance. Conversely, the unavailable or absent employee would incur a simultaneous deduction from the allowance.

6.6.6 Employees who are rostered on availability duty on public holidays shall have one day added to their annual leave for each public holiday on

which they are required to be on duty. 6.7 Recalls 6.7.1 Minimum payments prescribed in this Award for recalls will also apply to availability duty on Saturday and Sunday, except in the cases where it

is customary for an employee to return to the Employer’s premises to perform a specific task outside their ordinary working hours, or where the overtime is continuous with the completion of ordinary working time.

6.7.2 If a person is called out and their working time is less than 4 hours, but continues on until the commencement of their ordinary day, then they are

paid under the call-out provision of the Award ie. a minimum of 4 hours at the appropriate rate. 6.7.3 Employees called out on availability duty shall be entitled to payment for such work from the time of leaving home to commence that work until

they return home from such work, but they must return home within a reasonable time and payment shall be calculated accordingly. 6.8 Cribs Where employees are called out they shall be allowed to take 45 minutes for crib after each 4 hours’ overtime worked, for which no deduction shall be made. 6.9 Meal allowance Where an employee is called out after their normal ceasing time, but before 7.00 pm, or within 2 hours of their normal starting time, they shall be entitled to a meal allowance, as prescribed by this Award and in addition, they shall be allowed 30 minutes as soon as possible thereafter, without deduction of pay, to partake of a meal. 6.10 Availability on administrative closure day Employees rostered for availability duty on their administrative closure day off shall be paid for all time worked at overtime rates as prescribed in this Award. No day in lieu is given to employees on availability duty on their administrative closure day. 6.11 Rest pauses 6.11.1 Where practicable every employee (other than a casual and part-time employee) shall be entitled to a rest pause or pauses not exceeding a total of

20 minutes duration in the Employer’s time during the daily work period. 6.11.2 Such rest pause or pauses may be taken in a manner and at such time or times as agreed upon so that continuity of work will not be interrupted

where continuity is necessary. 6.11.3 Casual and part-time employees who work a minimum of 4 consecutive ordinary hours, but less than 8 ordinary consecutive hours on any one

day, shall receive a rest pause of 10 minutes duration. Employees who work a minimum of 8 ordinary consecutive hours shall receive a rest pause or pauses as prescribed in clause 6.11.1.

6.12 Shift work 6.12.1 Subject to the following provisions the ordinary hours of work for shift workers shall not exceed 36.25 hours per week. 6.12.2 The ordinary hours of work referred to in 6.12.1 may be exceeded in any week or weeks subject to the total ordinary hours worked during any

roster period not exceeding that number of hours ascertained by multiplying the number of weeks in the roster period by 36.25 and may be worked according to a roster agreed by greater than 60% of the employees concerned and their representatives and the Employer.

1772 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 6.12.3 Shift workers shall be allowed a crib break during each shift for which no reduction of pay shall be made. In the case of shift workers rostered on

an 8 hour shift, the crib break will be of 30 minutes duration, and in the case of shift workers rostered on a 12 hour shift, the crib break will be 60 minutes: Provided that such break shall be taken at a time and in such manner that it will not interfere with continuity of work where continuity is necessary.

6.12.4 For the purposes of this subclause the following definitions apply:

(a) “Day shift” means any shift worked between the hours of 6 a.m. and 6 p.m.

(b) “Afternoon shift” means any shift finishing after 6 p.m. and at or before midnight.

(c) “Night shift” means any shift finishing after midnight and at or before 8 a.m. 6.13 Shift penalties 6.13.1 Operations employees, including operation (coal) employees working an 8 hour shift roster

(a) Afternoon shift – Employees who work afternoon shift shall be paid a shift allowance of 18.75% of their all purpose rate in addition to their all purpose rate.

(b) Night shift – Employees who work night shift shall be paid a shift allowance of 22.5% of their all purpose rate in addition to their all purpose

rate.

(c) Week-end penalty rates – All time worked during an ordinary shift between midnight on Friday and midnight on Saturday shall be paid for at one and three-quarters times the all purpose rate and between midnight on Saturday and midnight on Sunday at double the all purpose rate.

6.13.2 Employees other than operations employees, operation (coal) employees and short term shift work employees)

In addition to salary, the following penalties shall be paid to employees as defined in clause 6.1.1:

(a) Afternoon shift – Employees who work afternoon shift shall be paid a shift allowance of 17.5% of their all purpose rate in addition to their all purpose rate.

(b) Night shift – Employees who work night shift shall be paid a shift allowance of 20% of their all purpose rate in addition to their all purpose

rate.

(c) Week-end penalty rates – All time worked during an ordinary shift between midnight on Friday and midnight on Saturday shall be paid for at one and a-half times the all purpose rate and between midnight on Saturday and midnight on Sunday at double the all purpose rate.

6.14 Changeover time Continuous, non-continuous and relief shift workers will be paid for an additional 15 minutes per week at ordinary time to account for changeover time. This payment will be added to the all purpose rate of these employees and no further claims for payment of changeover time will be considered. 6.15 Short term shift work 6.15.1 The Employer will determine when it is necessary to arrange short term shift work and will provide as much notice to its employees and their

representatives as the circumstances allow. A standard roster will be worked and employees and their representative will be consulted if there is any need to change this roster.

6.15.2 Two or 3 shifts, combining day, afternoon and night will be organised on a 5 days per week basis, from Monday to Friday, during the short term

shift work period. The Employer will consult its employees on the appropriate roster pattern. 6.15.3 The first roster, or compilation thereof, to be adopted for short term shift work is shown below:

Day

1 2 3 4 5 6 7 8 9 10 11 12 13 14

Employee 1 – D D D D – – D D D D D – – Employee 2 – N N N N – – A A A A A – – Employee 3 – A A A A – – N N N N N – –

This roster will also be modified and applied by the Employer whenever:

– full rotation of shifts is required; and/or – 2 shift arrangement is required.

Where the Employer requires a roster not previously worked, it will consult with employees.

6.15.4 Employees on short term shift work will not be used to minimise the recall of employees rostered on availability duty except in urgent and special

circumstances.

The Employer will advise employees of the work to be completed and will seek volunteers. The Employer will decide which employees will work the shift work and may nominate individuals who did not volunteer if the roster has not been filled.

6.15.5 Short term shift work may be organised with 9 ordinary shifts of 8.05 hours per fortnightly period and administrative closure days linked to the

weekend. Shift times will match those for continuous shifts.

There will be a minimum period of 10 hours between when an employee ceases to work normal day work and starts on short term shift work, or ceases short term shift work and resumes normal work. Employees will not be required to work more than 6 consecutive days.



The Employer will seek to balance the frequency of day, afternoon and night shifts worked by any employee. 6.15.6 Payment will be as follows:

(a) For employees who receive a 10 hour break before commencing and at the conclusion of short term shift work, the payment will be as follows:

– ordinary rate for 8.05 hours;

– shift penalty (20% for afternoon, 25% for night shift);

– double the ordinary rate for those hours worked in excess of the normal hours worked by an employee if on day work;

• all other short term shift work conditions;

• at the conclusion of short term shift work, the employee will be paid their all purpose rate for those hours normally worked during the

break period.

(b) Those employees who have not received a 10 hour break before commencing short term shift work will be paid as follows:

• at commencement of the short term shift work they shall be paid double the all purpose rate for the first afternoon or night shift or part thereof worked;

• all short term shift work conditions and penalties for subsequent shifts.

(c) Those employees who have not received a 10 hour break prior to returning to day work will be paid double their all purpose rate for all hours

worked until released for a 10 hour break.

Overtime will be paid at double the all purpose rate. Provided, however, that any time worked in excess of the hours prescribed by the roster by employees on afternoon or night shift shall be paid for as overtime, at the rate of double time on their afternoon or night shift rate.

Where short term shift workers work extended overtime on weekends and administrative closure days, 2 rest pauses and a crib break will be provided without loss of pay in each 8 hour work period.

6.15.7 Where a classification is occasionally needed for part of one day shift to supplement the same or other classifications already rostered on short

term shift work, the additional workers will receive short term shift conditions for day shift workers if engaged in shift type activity for more than 4 hours.

6.15.8 Where a particular short term shift work period concludes in less than 5 days - Monday to Friday (including public holidays, administrative

closure days and days absent), employees who are engaged on short term shift work will be paid for each afternoon or night shift at one and a-half times the ordinary rate for the first 3 hours and double time thereafter. Five days is interpreted to mean 15 full shifts on a 3 shift roster and 10 full shifts on a 2 shift roster.

6.15.9 In the event that the duration of the shift work is not known, payment for the shifts performed up to the 5 day minimum will be initially at the

shift penalty rate of 20% and 25% for afternoon and night shift respectively. If the particular short term shift work period concludes in less than 5 days, the appropriate overtime payment will be made retrospectively.

PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 7.1 Annual leave 7.1.1 At the end of 12 months of continuous employment, each employee will be entitled to annual leave on full pay as follows:

(a) 5 weeks for those employed on continuous shift work:

• for employees who have completed one year of employment as a nominated relief, 5 weeks (if they continue as nominated reliefs for continuous shift work); and

• for employees who have not completed 12 months as a nominated relief, 4 weeks, plus half a day for each month as a nominated relief.

(b) 4 weeks in all other cases.

Employees who have been employed for a period less than 12 months will receive a pro rata entitlement.

7.1.2 Payment for annual leave will be at the:

(a) projected roster rate or all purpose rate plus a premium of 17.5%, whichever is the greater, for continuous shift workers.

(b) all purpose rate plus a premium of 17.5% for relief shift workers who have been a nominated relief for less than 26 weeks in any year.

(c) appropriate projected roster rate for relief shift workers who have been a nominated relief for 26 weeks or more in any year.

(d) all purpose rate plus a premium of 17.5% in all other cases. 7.1.3 Annual leave will be paid in advance unless otherwise requested by the employee and can be taken in minimum periods of one day. 7.1.4 Annual leave will be paid at the all purpose rate which the employee received on their last working day prior to leave. 7.1.5 If an employee’s contract of employment is terminated after 12 months of continuous employment, they will be paid their accumulated leave as

well as any public holidays or additional leave entitlements which would have applied if the employee took the leave from the day their employment was terminated.

1774 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 7.1.6 Pro rata annual leave will be paid on ordinary time earnings from the anniversary date up to termination, at the following rates:

• 1/9th for continuous shift workers • 1/12th for all others

plus a premium of 17.5%.

There will be no payment in lieu of annual leave except on termination of an employee’s contract of employment.

7.1.7 All periods of annual leave are exclusive of public holidays. 7.1.8 Except by agreement, 14 days’ notice is required from either party before the taking of annual leave and all entitlements must be taken within 12

months of the date on which it falls due, except, when by agreement with the Employer, it is deferred to a later date. Annual leave will be scheduled in accordance with the needs of the Employer and with the agreement of the individual employee.

7.1.9 If a public holiday falls on a day that a shift worker is rostered off, an extra day shall be added to annual leave and shall be paid at the projected

roster rate or base rate plus a loading of 17.5% whichever is the greater. 7.1.10 If a public holiday falls during a period of annual leave on which a shift worker would have been rostered on, had they not been on annual leave,

they will be paid at the projected roster rate for that day and in addition have a shift of 8 hours added to their leave if rostered on an 8 hour roster, and 12 hours if rostered on a 12 hour shift roster.

7.2 Sick leave 7.2.1 Sick leave is an insurance provision to provide employees with financial protection against illness or injury whilst they are unable to attend the

workplace because of a non-work related illness or injury. 7.2.2 The Employer is committed to ensuring that employees do not suffer any loss because of their inability to attend work due to illness or injury and

will therefore provide leave arrangements which provide reasonable time for recovery, maintain the employee’s basic income and encourage the employee to return to the workplace at an appropriate time.

7.2.3 Sick leave will be available for up to 2 years and payment will be at 100% of the projected roster rate for continuous shift employees and at 100%

of the all purpose rate for all other employees. 7.2.4 Sick leave for periods of 2 consecutive days or less will be paid without the provision of evidence, but if sufficient reason exists, such absences

may need to be justified to the Employer’s satisfaction. 7.2.5 Where an employee has produced a certificate of a legally qualified medical practitioner, as to the period, or approximate period, during which the

employee will be unable to work and where requested, has produced to the occupational health nurse a certificate as to the nature of the employee’s illness and where the employee has promptly notified the Employer of the illness and of the approximate period during which the employee will be unable to work, the employee will be paid in full for their absence.

7.2.6 If an employee is absent on sick leave for a period of 3 months they will be required to attend a doctor of their choice to have their case reviewed

to determine whether or not they are able to return to the workplace. The Employer may have the doctor’s opinion reviewed by requiring that the employee attend another doctor (at the Employer’s expense), as agreed by the Employer and the employee.

7.2.7 If the individual unreasonably refuses to co-operate, this will be considered to be misconduct and, at a minimum, paid sick leave will cease. 7.2.8 If the decision is that the employee continues to be unable to return to work, their case will then be reviewed at agreed intervals, until a maximum

period of 2 years has expired. 7.2.9 From the second review on, the doctor will be required to determine whether the employee is able to return to work or whether they should be

retired on the basis of ill health or due to total and permanent disability. The procedure for retirement on the basis of total and permanent disability is described in the Gladstone Power Superannuation Plan.

7.2.10 When the illness of an employee on sick leave is reviewed, the doctor will be required to consider whether the employee could return to an

alternative role at the workplace. If an employee returns to such a role and it is at a lower classification, they will continue to be paid their current all purpose rate, or projected roster rate, for an agreed period.

7.2.11 If at any stage, a problem occurs in the administration of this system, the grievance and dispute settling procedure in this Award shall apply. 7.3 Bereavement leave 7.3.1 Full-time and part-time employees shall, on the death of a member of their immediate family or household in Australia, be entitled to paid

bereavement leave up to and including the day of the funeral of such person. Such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in 2 ordinary days of work. Proof of such death is to be furnished by the employee to the satisfaction of the Employer.

7.3.2 Long-term casual employees


(b) A “long-term casual employee” is a casual employee engaged by a particular Employer, on a regular and systematic basis, for several periods

of employment during a period of at least 1 year immediately before the employee seeks to access an entitlement under clause 7.3.2 7.3.3 “Immediate family” includes:





7.3.4 A further period of at least 2 day’s paid leave is available where an employee must travel outside Australia. Additional paid or unpaid leave will be provided at the discretion of the Employer.

7.3.5 An employee with the consent of the Employer, may apply for unpaid leave when a member of the employee’s immediate family or household in

Australia dies and the period of bereavement leave entitlement provided above is insufficient. 7.4 Long service leave Employees will be entitled to long service leave subject to and in accordance with, the Regulations (as amended from time to time) made under the Gladstone Power Station Sale Agreement Act 1993. 7.5 Family leave The provisions of the Family Leave Award apply to and are deemed to form part of this Award. 7.5.1 It is to be noted that:



(a) Maternity leave

(b) Parental leave

(c) Adoption leave

(d) Special responsibility leave for the care and support of the employee’s immediate family or household. 7.6 Public holidays 7.6.1 The following public holidays, as gazetted, will continue to be observed:

– the 1st January; – the 26th January; – Good Friday; – Easter Saturday (the day after Good Friday); – Easter Monday; – The 25th April (Anzac Day); – The Birthday of the Sovereign; – Christmas Day; – Boxing Day; or

any day appointed under the Holidays Act 1983, to be kept in place of any such holiday.

7.6.2 Where a public holiday falls on what would have been a normal working day and no work is performed on that day, it will be paid as a normal

working day. ie. 8.05 hours. 7.6.3 Subject to 7.6.4 all work done by an employee on a public holiday shall be paid for at the rate of double time and a-half with a minimum of 4

hours. 7.6.4 All time worked on the public holidays outside the ordinary working hours specified in this Award, prescribed by a roster, or usually worked on

the day of the week on which the holiday is kept, shall be paid at double the rate prescribed by this Award for such time when worked outside such working hours on an ordinary working day.

7.6.5 Any employee whose contract of employment is terminated during December of one year and who is re-employed during January of the next

year, having worked continuously for at least 2 weeks prior to the termination, shall be paid for any public holidays which occur during December and January.

PART 8 – TRANSFERS TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK 8.1 Transport

8.1.1 Employees on availability rosters recalled to work, other than for pre-arranged overtime and who elect to use a private vehicle will be, paid the

appropriate mileage allowance prescribed in the Award. If a private vehicle is not used, the Employer will arrange and pay for alternative transport (taxi).

8.2 Travelling after overtime Employees who through working overtime cannot obtain their ordinary method of conveyance to or from their homes shall be conveyed to or from their homes by the Employer, or be paid “such expenses” as are incurred to or from their homes.

8.3 Accommodation, fares, travelling allowance and transfer conditions

8.3.1 All approved expenditure on accommodation and travel will be paid in full by the Employer. 8.3.2 Where it is necessary to travel in Australia outside of ordinary working hours, except in 8.3.5, time spent in such travel up to an including one-

half hour before and after normal working hours shall be paid for at ordinary rates. Any time spent in travelling in excess of this shall attract a travelling time penalty rate which shall be the appropriate overtime rate with a maximum of double time:

1776 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 8.3.3 Provided that when employees are required to work beyond normal ceasing time when overtime rates will apply, time spent in travelling back to

the station shall be paid for at the rate of overtime which was applicable prior to ceasing work. For the purpose of this proviso, time spent in travelling shall not be regarded as time worked for the purpose of obtaining any other award benefits.

8.3.4 Where travelling is involved on Saturdays, Sundays and public holidays, all time spent in such travelling shall attract the travelling time penalty

rate of the appropriate overtime rate with a maximum of double time. 8.3.5 Employees temporarily transferred who are required to travel outside ordinary working hours shall be paid ordinary rates of pay for the time spent

in travelling before the usual starting time and/or after the usual ceasing time:

Provided that the maximum number of hours actually spent in travelling to be paid for shall be 12 per day;

Provided further that actual time travelling on Sundays and holidays shall be paid for at time and a-half of the all purpose rate.

8.3.6 Where employees provide their own vehicles and the vehicles are necessary for the proper discharge of their duties and their use is authorised by the Employer, such employees shall be paid an allowance as specified in the Australian Tax Office rates.

PART 9 – TRAINING AND RELATED MATTERS 9.1 Training 9.1.1 The parties to this Award recognise that in order to increase the efficiency and productivity of the enterprise and also the national and

international competitiveness of the industries covered by this Award, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:

(a) developing a more highly skilled and flexible workforce;


(c) removing barriers to the use of skills acquired.

PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES 10.1 Occupational health and safety Every employee should expect to work without injury - no job is worth doing in an unsafe manner. The Employer will fulfil its legal obligations and is committed to minimising the risk of injury and to maximising the safety and security of all employees. Improving safety makes good business sense because it will protect employees and reduce costs. 10.2 Protective clothing and safety footwear Employees will be provided with appropriate clothing and footwear to ensure their safety within the workplace. Employees will be required to wear the clothing and footwear as supplied and directed. Three sets of clothing and one pair of footwear will be provided annually to employees, including specific task employees and will be replaced, if necessary, due to fair wear and tear. Within the constraints set by legislation, regulation and safety requirements, the clothing and footwear supplied will be by agreement between the workforce and the Employer. 10.3 Tools The Employer will make available the appropriate tools (with the exception of the normal hand tools) which are not provided by employees as part of the payment of the tool allowance, to ensure that employees can complete their work safely and efficiently. Employees will be allowed reasonable time each week to put their tools, benches and machines in order. Technicians required to use tools will be supplied with a tool kit on an issue and return basis, with replacement of issued tools on loss, or as a result of fair wear and tear. The tools will be of an agreed quality and the range will be sufficient to ensure that the employee can complete their work safely and efficiently. PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Preamble Clauses 11.1 and 11.2 replicate legislative provisions contained within the Act. In order to ensure the currency of existing legal requirements parties are advised to refer to sections 366, 372 and 373 of the Act as amended from time to time. 11.1 Right of entry 11.1.1 Authorised industrial officer

(a) An “Authorised industrial officer” is any Union official holding a current authority issued by the Industrial Registrar.



(i) the authorised industrial officer alerts the Employer or other person in charge of the workplace to their presence; and



(ii) shows the authorisation upon request.

(b) Clause 11.1.2(a)(i) does not apply if the authorised industrial officer establishes that the Employer or other person in charge is absent.






(i) is ineligible to become a member of the officer’s Union; or


(iii) has made a written request to the Employer that the employee does not want that employee’s record inspected.

(c) The authorised industrial officer may make a copy of the record, but cannot require any help from the Employer.


11.1.4 Discussions with employees

An authorised industrial officer is entitled to discuss with the Employer, or a member or employee eligible to become a member of the authorised industrial officer’s Union:


(b) any other matter with a member or employee eligible to become a member of the officer’s Union during non-working time.

11.1.5 Conduct An authorised industrial officer must not unreasonably interfere with the performance of work in exercising a right of entry. 11.2 Time and wages record 11.2.1 An Employer must keep, at the place of work in Queensland, a time and wages record that contains the following particulars for each pay period


(a) the employee's Award classification;

(b) the Employer's full name;



(e) a weekly, daily or hourly wage rate - details of the wage rate for each week, day, or hour at which the employee is paid;



(h) contributions made by the Employer to a superannuation fund.


(a) the employee's full name and address;

(b) the employee's date of birth;


(d) the date when the employee became an employee of the Employer;

(e) if appropriate, the date when the employee ceased employment with the Employer; and


11.2.3 The Employer must keep the record for 6 years. 11.2.4 Such records shall be open to inspection during the Employer’s business hours by an inspector of the Department of Industrial Relations, in

accordance with section 371 of the Act, or an authorised industrial officer in accordance with sections 372 and 373 of the Act.

1778 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 11.3 Union encouragement Clause 11.3 gives effect to section 110 of the Act in its entirety. Consistent with section 110 a Full Bench of the Commission has issued a Statement of Policy on Union Encouragement (reported 165 QGIG 221) that encourages an employee to join and maintain financial membership of an organisation of employees that has the right to represent the industrial interests of the employees concerned. 11.3.1 Documentation to be provided by employer At the point of engagement, an Employer to whom this Award applies shall provide employees with a document indicating that a Statement of Policy on Union Encouragement has been issued by the Commission, a copy of which is to be kept on the premises of the Employer in a place readily accessible by each employee. The document provided by the Employer shall also identify the existence of a Union encouragement clause in this Award. 11.3.2 Union delegates Union delegates and job representatives have a role to play within a workplace. The existence of accredited Union delegates and/or job representatives is encouraged. The Employer shall not unnecessarily hinder accredited Union delegates and/or job representatives in the reasonable and responsible performance of their duties. 11.3.3 Deduction of union fees Where arrangements can be entered into, Employers are encouraged to provide facilities for the deduction and remittance of Union fees for employees who signify in writing to their Employer, their desire to have such membership fees deducted from their wages. 11.4 Union representative 11.4.1 Upon receiving written advice from the Branch Secretary of the relevant Union that a member has been appointed to act as a Union representative

at a workplace or a section of a workplace the Employer shall recognise such person as accredited by the Union for as long as they remain so appointed and attached to the workplace.

11.4.2 A Union representative shall be allowed such reasonable time during working hours as may be agreed between the Employer and the Union

representative concerned to: (a) discuss with the Union members at the workplace, matters relative to working conditions and other matters, with a view to avoiding industrial

disputation;

(b) discuss with duly accredited full-time officers of the relevant Union matters referred to above;

(c) discuss with the Employer matters raised by members affecting their employment at the workplace. 11.4.3 A Union representative may be allowed reasonable access to facilities needed to perform their function, as may be agreed between the Employer

and the Union representative concerned. Access as agreed may be subject to such reasonable conditions and limitations as the Employer may impose.

11.5 Trade union training leave When authorised by the relevant Union, and after giving one month’s notice, an employee is entitled to 5 days’ paid leave per calendar year to attend training conducted by Union approved training organisations. Leave must be at the convenience of the Employer. Payment will be at the all purpose rate and no additional payments will be incurred. SCHEDULE 1 – Union rationalisation Unions party to this Award agree: 1. That the ACTU principles of Union rationalisation apply in respect to Union categories of ‘Principle’, ‘Significant’ and ‘Other’. 2. That there be 6 Unions as parties to the Gladstone Power Station Award – State; those Unions being:



(c) Automotive, Metals and Engineering Industrial Union of Employees, Queensland;


(e) The Association of Professional Engineers and Scientists, Australia, Queensland Branch;

(f) Federated Ironworkers Association of Australia (Queensland Branch) Union of Employees.

3. That there be 5 Unions party to the G.P.S. Staff M.O.U.; those Unions being:


(b) Australian Services Industrial Union of Employees (Queensland Local Government, Energy, Ports, Information Technology, Social and Community Services, Queensland Branch);



(c) Automotive, Metals and Engineering Industrial Union of Employees, Queensland;


(e) The Association of Professional Engineers, Australia, Queensland Branch, Union of Employees. 4. In respect to current employees who maybe members of an organisation which will not be party to the Award and staff M.O.U. at G.P.S. it has

been determined that those employees be given the choice of joining either the principal Union which has registered coverage for their calling, or a significant Union which has registered coverage.

5. In respect to new employees after NRG Gladstone Operating Services Pty Ltd becomes the Employer, the ACTU principles will apply; that is,

they will be encouraged to join either the principle Union or the significant Union, which has the appropriate registration of the calling involved. 6. In respect to employees engaged by contractors and/or subcontractors in the areas of commercial cleaning, catering, or security, membership and

recruitment rights of the Australian Liquor, Hospitality and Miscellaneous Workers Union, and the Queensland Branch, Union of Employees will continue, provided that any changes in the status of the contract commercial cleaning, contract catering, or contract security at Gladstone Power Station will be the subject of discussions between the relevant principal and significant Unions and the Australian Liquor, Hospitality and Miscellaneous Workers Union, and the Queensland Branch, Union of Employees.

7. Commitment to form a single bargaining unit at Gladstone Power Station in accordance with the State single bargaining unit policy. Dated 13 February 2003 By the Commission, [L.S.] E. EWALD, Industrial Registrar.

Operative Date: 13 February 2003

###########################################################################################################################



LEGAL AID QUEENSLAND EMPLOYEES’ AWARD – STATE

(No. AR37 of 2002)


AWARD REVIEW

After reviewing the above Award as required by s. 130 of the Industrial Relations Act 1999, this Commission orders that the Award be repealed and the following Award be made, as from 12 May 2003.

LEGAL AID QUEENSLAND EMPLOYEES’ AWARD – STATE 2003 PART 1 – APPLICATION AND OPERATION 1.1 Title This Award is known as the Legal Aid Queensland Employees’ Award – State 2003. 1.2 Arrangement of award Subject matter Clause No. PART 1 – APPLICATION AND OPERATION Title ................................................................................................................................................................................................................................1.1 Arrangement of award ...................................................................................................................................................................................................1.2 Definitions......................................................................................................................................................................................................................1.3 Date of operation............................................................................................................................................................................................................1.4 Award coverage .............................................................................................................................................................................................................1.5 Parties bound..................................................................................................................................................................................................................1.6 PART 2 – FLEXIBILITY Enterprise flexibility ......................................................................................................................................................................................................2.1 Procedures to implement facilitative award provisions ................................................................................................................................................2.2 PART 3 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION Prevention and settlement of disputes ...........................................................................................................................................................................3.1 Employee grievance procedures ....................................................................................................................................................................................3.2 PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Anti-discrimination ........................................................................................................................................................................................................4.1 Contract of employment ................................................................................................................................................................................................4.2 Conditions of appointment on probationary service .....................................................................................................................................................4.3 Recognition of previous service ....................................................................................................................................................................................4.4

1780 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 Subject matter Clause No. Part-time employees.......................................................................................................................................................................................................4.5 Casual employees...........................................................................................................................................................................................................4.6 Preservation of existing conditions................................................................................................................................................................................4.7 Termination of employment, introduction of change and redundancy .........................................................................................................................4.8 PART 5 – WAGES AND WAGE RELATED MATTERS Salaries ...........................................................................................................................................................................................................................5.1 Classification definitions ...............................................................................................................................................................................................5.2 Stream allocation ...........................................................................................................................................................................................................5.3 Generic level statements ................................................................................................................................................................................................5.4 Work allocation..............................................................................................................................................................................................................5.5 Qualifications .................................................................................................................................................................................................................5.6 Movement between classification levels .......................................................................................................................................................................5.7 Movement within classification levels ..........................................................................................................................................................................5.8 Performance of higher duties.........................................................................................................................................................................................5.9 Allowances.....................................................................................................................................................................................................................5.10 PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK Hours of work – day work ............................................................................................................................................................................................6.1 Variable working hours ................................................................................................................................................................................................6.2 Overtime ........................................................................................................................................................................................................................6.3 Meal breaks ...................................................................................................................................................................................................................6.4 Rest pauses ....................................................................................................................................................................................................................6.5 PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Annual leave .................................................................................................................................................................................................................7.1 Sick leave ......................................................................................................................................................................................................................7.2 Bereavement leave ........................................................................................................................................................................................................7.3 Long service leave ........................................................................................................................................................................................................7.4 Family leave ..................................................................................................................................................................................................................7.5 Industrial relations education leave ..............................................................................................................................................................................7.6 Special leave .................................................................................................................................................................................................................7.7 Public holidays ..............................................................................................................................................................................................................7.8 PART 8 – TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK Work away from headquarters ......................................................................................................................................................................................8.1 PART 9 – TRAINING AND RELATED MATTERS Training, learning and development .............................................................................................................................................................................9.1 PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES No provisions inserted in this Award relevant to this Part. PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Right of entry ................................................................................................................................................................................................................11.1 Time and wages record .................................................................................................................................................................................................11.2 Union encouragement ...................................................................................................................................................................................................11.3 Union delegates .............................................................................................................................................................................................................11.4 Award posting ...............................................................................................................................................................................................................11.5 SCHEDULES Eligible employees for the purposes of Commonwealth Superannuation Act 1976, as amended.................................................................... Schedule A Eligible employees for the purposes of Long Service Leave (Commonwealth Employees) Act 1976 as in force on 2 December 1979 ....................................................................................................................................................................... Schedule B Salary horizons................................................................................................................................................................................................... Schedule C 1.3 Definitions 1.3.1 The “Act” means the Industrial Relations Act 1999 as amended or replaced from time to time. 1.3.2 “Casual Employee” means an Employee other than a “Part-time Employee” as defined in this Award, who is engaged as such and is paid on an

hourly basis to work for less than the ordinary weekly working hours of a full-time Employee. 1.3.3 “Chief Executive Officer” means the Chief Executive Officer of Legal Aid Queensland appointed under section 64 of the Legal Aid Queensland

Act 1997. 1.3.4 “Classification Level” comprises a number of Paypoints through which Employees will be eligible to progress. 1.3.5 “Commission” means the Queensland Industrial Relations Commission.



1.3.6 “Employee” means a person employed pursuant to sections 70 and 100 of the Legal Aid Queensland Act 1997. 1.3.7 “Generic Level Statement” means a broad, concise statement of the duties, skills and responsibilities indicative of a given Classification Level. 1.3.8 “Increment” means for all Employees an increase in salary from one Paypoint to the next highest Paypoint. 1.3.9 “Legal Aid” means Legal Aid Queensland established under section 41 of the Legal Aid Queensland Act 1997. 1.3.10 “Part-time Employee” means an Employee other than a “Casual Employee” as defined in this Award, who is engaged to work regular hours each

week and whose ordinary daily working hours are worked continuously inclusive or exclusive of meal times according to operational requirements. The weekly total of such hours for a permanent Part-time Employee are always less than the ordinary weekly working hours of a full-time Employee.

1.3.11 “Paypoint” means the specific rate of remuneration payable to Employees within a Classification Level. 1.3.12 “Temporary Employee” means an Employee appointed for a specified period or specified task. 1.3.13 “Union” means The Queensland Public Sector Union of Employees and the Federated Clerks’ Union of Australia, North Queensland Branch,

Union of Employees. 1.4 Date of operation This Award takes effect from 12 May 2003. 1.5 Award coverage 1.5.1 This Award applies to Employees of Legal Aid Queensland (as defined) whose salaries or rates of pay are fixed by this Award and who are

deemed to be Employees for the purposes of Chapter 15 of the Industrial Relations Act 1999 and to Legal Aid Queensland as the employer in relation to such Employees.

1.5.2 This Award does not apply to Employees covered by any other award or industrial agreement.

1.6 Parties bound This Award is legally binding upon the Employees as prescribed by clause 1.5, and Legal Aid Queensland, and The Queensland Public Sector Union of Employees and the Federated Clerks’ Union of Australia, North Queensland Branch, Union of Employees and their members. PART 2 – FLEXIBILITY 2.1 Enterprise flexibility 2.1.1 As part of a process of improvement in productivity and efficiency, discussion should take place at each enterprise to provide more flexible



matters relevant to clause 2.1.1. Union delegates at the place of work may be involved in such discussions. 2.1.3 Any proposed genuine agreement reached between an employer and Employee/s in an enterprise is contingent upon the agreement being

submitted to the Commission in accordance with Chapter 6 of the Act and is to have no force or effect until approval is given. 2.2 Procedures to implement facilitative award provisions 2.2.1 Wherever facilitative provisions appear in this Award which allow for determination of the conditions of employment by agreement between the

chief executive and the Union and the majority of Employees affected, the following procedures shall apply:

(a) Facilitative award provisions can be negotiated between management and Employees who are directly affected by such proposals or between management and the Union depending upon the particular Award provisions;

(b) Employees may be represented by their local Union delegate/s and shall have the right to be represented by their local Union official/s;

(c) Facilitative award provisions can only be implemented by agreement;

(d) In determining the outcome from facilitative provisions, neither party should unreasonably withhold agreement;

(e) Agreement is defined as obtaining consent of greater than 50% of Employees directly affected or of the Union depending upon the particular

award provisions. 2.2.2 Where a provision refers to agreement by the majority of Employees affected, all Employees directly affected shall be consulted as a group.

Should the consultation process identify Employees in specific concerns which relate to either equity or occupational health and safety issues such concerns may be catered for on an individual basis subject to operational requirements.

2.2.3 Any agreement reached must be documented, and shall incorporate a review period. 2.2.4 Where the agreement relates to either the working of ordinary hours on other than a Monday to Friday basis, the introduction of shift work or

change to the shift roster the relevant Union is to be notified in writing at least one week in advance of agreement being sought. PART 3 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 3.1 Prevention and settlement of disputes 3.1.1 The objectives of this procedure are the avoidance and resolution of any disputes over matters covered by this agreement, by measures based on

the provision of information and explanation, consultation, co-operation and negotiation.

1782 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 3.1.2 Subject to legislation, while the dispute procedure is being followed, normal work is to continue except in the case of a genuine safety issue. The

status quo existing before the emergence of a dispute is to continue whilst the procedure is being followed. No party shall be prejudiced as to the final settlement by the continuation of work.

3.1.3 There is a requirement for management to provide relevant information and explanation and consult with the appropriate Employee

representatives. 3.1.4 In the event of any disagreement between the parties as to the interpretation or implementation of this award, the following procedures shall

apply:

(a) The matter is to be discussed by the Employee’s Union representative and/or the Employee(s) concerned (where appropriate) and the immediate supervisor in the first instance. The discussion should take place within 24 hours and the procedure should not extend beyond 7 days;

(b) If the matter is not resolved as per clause 3.1.4(a), it shall be referred by the relevant Union representative and/or the Employee(s) to the

appropriate management representative who shall arrange a conference of the parties to discuss the matter. This process should not extend beyond 7 days;

(c) If the matter remains unresolved it may be referred to the Chief Executive Officer or nominee for discussion and appropriate action. This

process should not exceed 14 days; if the matter is not resolved then it may be referred by either party to the Commission for conciliation. 3.1.5 Nothing contained in this procedure shall prevent Unions or the Queensland Government from intervening in respect of matters in dispute, should

such action be considered conducive to achieving resolution. 3.2 Employee grievance procedures 3.2.1 The objectives of the procedure are to promote the prompt resolution of grievances by consultation, co-operation and discussion; to reduce the

level of disputation; and to promote efficiency, effectiveness and equity in the workplace. 3.2.2 This procedure applies to all industrial matters within the meaning of the Act. 3.2.3 Stage 1: In the first instance the Employee shall inform such Employee’s immediate supervisor of the existence of the grievance and they

shall attempt to solve the grievance. It is recognised that an Employee may exercise the right to consult such Employee’s Union representative during the course of Stage 1.

3.2.4 Stage 2: If the grievance remains unresolved, the Employee shall refer the grievance to the next in line management (“the manager”). The

manager will consult with the parties. The Employee may exercise the right to consult or be represented by such Employee’s Union representative during the course of Stage 2.

3.2.5 Stage 3: If the grievance is still unresolved, the manager will advise the chief executive and the aggrieved Employee may submit the matter in

writing to the chief executive of the organisation if such Employee wishes to pursue the matter further. If desired by either party, the matter shall also be notified to the relevant Union.

The chief executive shall ensure that:

(a) The aggrieved Employee or such Employee’s Union representative has the opportunity to present all aspects of the grievance;

(b) The grievance shall be investigated in a thorough, fair and impartial manner.

The chief executive may appoint another person to investigate the grievance. The chief executive may consult with the Union in appointing an investigating Employee. The appointed person shall be other than the Employee’s supervisor or manager.

If the matter is notified to the relevant Union, the investigating Employee shall consult with the Union during the course of the investigation. The chief executive shall advise the Employee initiating the grievance, such Employee’s Union representative and any other Employee directly concerned of the determinations made as a result of the investigation of the grievance.

The chief executive may delegate such chief executive’s grievance resolution powers under clause 3.2.5 to a nominated representative.

3.2.6 The procedure is to be completed in accordance with the following time frames unless the parties agree otherwise:

Stage 1 Discussions should take place between the Employee and such Employee’s supervisor within 24 hours and the procedure shall not extend beyond 7 days.

Stage 2 Not to exceed 7 days.

Stage 3 Not to exceed 14 days.

3.2.7 If the grievance is not settled the matter shall be referred to the Public Service Commissioner or the Commission by the Employee or the Union,

as appropriate, in accordance with the respective jurisdictions of the tribunals. 3.2.8 Subject to legislation, while the grievance procedure is being followed, normal work is to continue, except in the case of a genuine safety issue.

The status quo existing before the emergence of a grievance or dispute is to continue while the procedure is being followed. No party shall be prejudiced as to the final settlement by the continuation of work.

3.2.9 Where the grievance involves allegations of sexual harassment, an Employee may commence the procedure at Stage 3. PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 4.1 Anti-discrimination 4.1.1 It is the intention of the parties to this Award to prevent and eliminate discrimination, as defined by the Anti-Discrimination Act 1991 and the

Industrial Relations Act 1999 as amended from time to time which includes:






4.1.2 Accordingly in fulfilling their obligations under the prevention and settlement of disputes clause 3.1, the parties to the Award must take

reasonable steps to ensure that neither the Award provisions nor their operation are directly or indirectly discriminatory in their effects. 4.1.3 Under the Anti-Discrimination Act 1991 it is unlawful to victimise an Employee because the Employee has made or may make or has been


(a) Any different treatment (or treatment having different outcomes) which is specifically exempted under the Anti-Discrimination Act 1991;

(b) An Employee, employer or registered organisation, pursuing matters of discrimination, including by application to the Human Rights and Equal Opportunity Commission/Anti-Discrimination Commission Queensland.

4.2 Contract of employment 4.2.1 Except as provided in the Legal Aid Queensland Act 1997, Employees are subject to the provisions of Chapter 3 of the Act and any future

amendments. 4.2.2 Employees covered by this Award shall be advised in writing of their employment category upon appointment.


(a) full-time; (b) part-time (as defined); or

(c) casual (as defined).

4.3 Conditions of appointment on probationary service The conditions of appointment on probationary service of every Employee are those prescribed in Section 73 of the Public Service Act 1996 and Division 2 of Public Service Regulation 1997. 4.4 Recognition of previous service The entitlements for recognition of previous service and employment when a person is appointed to work in Legal Aid Queensland are prescribed under Directive 14/01 Recognition of Previous Service and Employment, as issued and amended by the Minister for Industrial Relations under section 34 of the Public Service Act 1996. 4.5 Part-time employees 4.5.1 The following conditions apply to part-time Employees:

(a) The spread of ordinary working hours are the same as those prescribed for a full-time Employee under this Award.

(b) A part-time Employee must be employed to work regular hours each week with a minimum payment as for 4 hours on any one day when work is performed.

(c) Where it is essential for a part-time Employee to work beyond the daily or weekly approved part-time hours, such additional hours, up to 7

1/4 hours per day or less than the ordinary weekly hours of a full-time Employee, must be paid at ordinary time rates plus a loading of 1/12th in lieu of recreation leave for time worked in excess of the approved hours.

(d) A part-time Employee is entitled to a rate of pay and any applicable allowances based pro rata on the number of hours worked in relation to

the ordinary full-time hours applicable to the Classification Level. 4.5.2 The following allowances apply in full:

Travelling or relieving allowance Part 8 On call allowance clause 5.10.3 Meal allowance clause 5.10.4

4.5.3 The public holiday provisions of clause 7.8 apply. Payment must only be made for hours actually worked. 4.5.4 A part-time Employee who usually works on a day of the week on which a public holiday falls, and who is not required to work on that day, must

be paid for the hours which would otherwise have been worked on that day. 4.5.5 Salary Increments are payable to part-time Employees after the equivalent of 12 months’ full-time service has been worked and subject to the

provisions of clause 5.8. 4.5.6 All other provisions of the Award applicable to a full-time Employee apply pro rata to a part-time Employee. 4.6 Casual employees 4.6.1 A Casual Employee must be paid an additional 23% of the ordinary Award rates of pay applying to the class of work for which such Employee is

engaged. Each engagement stands alone, with a minimum payment as for 2 hours in respect to each engagement.

1784 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 4.6.2 In respect to work performed on a Sunday and a public holiday by a Casual Employee, such Sunday and public holiday penalty is deemed to

include the 23% loading. 4.6.3 Where applicable, a Casual Employee is further entitled to the provisions of overtime, weekend penalty rates and payment of work performed on

public holidays. 4.6.4 In addition to the provisions of clause 4.6.1, a Casual Employee is further entitled to payment of any applicable Award allowances (excluding

locality allowances) based pro rata on the number of hours worked in relation to the ordinary hours of the Award classification. 4.6.5 Subject to the provisions of Division 3 of Part 3 of the Act, a Casual Employee is not entitled to any other Award provision. 4.7 Preservation of existing conditions 4.7.1 Nothing contained in this Award will be deemed or construed to withdraw any benefits, received by the Employee as at 31 May 1995, by mutual

agreement with the Legal Aid Commission of Queensland (and its successor Legal Aid Queensland) and which are inconsistent with this Award. 4.7.2 Employees specified in Schedule A are entitled to the provisions of the Commonwealth Superannuation Act 1976, as amended. 4.7.3 Employees specified in Schedule B are entitled to the provisions of the Long Service Leave (Commonwealth Employees) Act 1976 as in force on 2

December 1979. 4.7.4 Employees specified in Schedule C will move by annual Increment to the salary horizon provided in such schedule, for that Employee. Movement

beyond such nominated Classification Level must not occur unless the Employee applies for, and is appointed, on merit, to an advertised vacancy. 4.7.5 Employees covered by section 3.3 and section 3.4 of the Legal Aid Act Amendment and Public Defence Act Repeal Act 1991 (since repealed) are

deemed to retain their public service status pursuant to section 100 of the Legal Aid Queensland Act 1997 until, by agreement, they are appointed as Employees of the Board of Legal Aid Queensland pursuant to section 70 of the Act.

4.8 Termination of employment, introduction of change and redundancy 4.8.1 Except as provided for in clause 4.2 the chief executive shall observe the terms and conditions of the Termination of Employment, Introduction of

Changes and Redundancy Model Clause contained in the decision of the Full Bench incorporated in the transcript of proceedings of 7 November 2001, in matters following the State Wage Case B882 of 1999 and B888 of 1999, in relation to Principle 12 Award Review (Case B1733 of 1999).

4.8.2 2 weeks’ notice of termination is required to be given by the Employee to the employer. 4.8.3 The provisions of the clause relating to redundancy will not apply to the extent that the provisions of the redundancy arrangements are contained

in a directive issued by the Public Service Commissioner pursuant to section 34 of the Public Service Act 1996. PART 5 – WAGES AND WAGE RELATED MATTERS 5.1 Salaries 5.1.1 Salaries are to be paid fortnightly and may, at the discretion of the employer, be paid by electronic funds transfer. 5.1.2 The salaries payable to Employees in the following classifications will be as follows: Administrative stream Classification Level Paypoint Per Fortnight Per Annum $ $

L1 1 660.10 17,221 2 724.80 18,909 3 789.70 20,602

L2 Age 21 1 937.30 24,453

2 971.20 25,338 3 1,005.20 26,225 4 1,039.40 27,117 5 1,074.60 28,035 6 1,109.30 28,941 7 1,144.20 29,851 8 1,179.50 30,772

L3 1 1,261.40 32,909 2 1,310.10 34,179 3 1,358.80 35,450 4 1,407.00 36,707

L4 1 1,491.70 38,917 2 1,541.00 40,203 3 1,590.60 41,497 4 1,640.20 42,791

L5 1 1,728.60 45,097 2 1,778.90 46,410 3 1,828.80 47,712 4 1,878.80 49,016



L6 1 1,983.40 51,745 2 2,029.60 52,950 3 2,075.80 54,156 4 2,122.10 55,363

L7 1 2,219.40 57,902 2 2,273.00 59,300 3 2,326.50 60,696 4 2,379.70 62,084

L8 1 2,458.90 64,150 2 2,506.30 65,387 3 2,553.40 66,616 4 2,600.50 67,844

Professional stream Classification Level Paypoint Per Fortnight Per Annum $ $

L1 1 685.20 17,876 2 787.90 20,556 3 890.50 23,232

Age 21 4 992.90 25,904 5 1,049.20 27,373 6 1,106.40 28,865 7 1,163.70 30,360

L2 1 1,260.20 32,877

2 1,330.70 34,717 3 1,401.30 36,559 4 1,472.00 38,403 5 1,542.70 40,248 6 1,612.80 42,076

L3 1 1,694.50 44,208 2 1,746.20 45,557 3 1,798.30 46,916 4 1,850.10 48,267

L4 1 1,969.90 51,393 2 2,020.70 52,718 3 2,071.40 54,041 4 2,122.10 55,363

L5 1 2,219.40 57,902 2 2,273.00 59,300 3 2,326.50 60,696 4 2,379.70 62,084

L6 1 2,458.90 64,150 2 2,506.30 65,387 3 2,553.40 66,616 4 2,600.50 67,844

Technical stream

Classification Level Paypoint Per Fortnight Per Annum $ $

L1 1 685.20 17,876 2 787.90 20,556 3 890.50 23,232

Age 21 4 992.90 25,904 5 1,049.20 27,373 6 1,106.30 28,862 7 1,163.70 30,360

L2 1 1,184.80 30,910 2 1,229.20 32,069 3 1,273.70 33,230 4 1,318.10 34,388 5 1,362.40 35,544 6 1,407.00 36,707

L3 1 1,491.60 38,914 2 1,532.10 39,971 3 1,572.40 41,022 4 1,612.80 42,076


L4 1 1,694.50 44,208 2 1,748.90 45,627 3 1,803.50 47,052

L5 1 1,878.80 49,016 2 1,934.30 50,464 3 1,990.20 51,922 4 2,046.00 53,378

L6 1 2,115.90 55,202 2 2,165.90 56,506 3 2,219.40 57,902

Operational stream Classification Level Paypoint Per Fortnight Per Annum $ $

L1 1 534.70 13,950 2 610.90 15,939 3 687.40 17,933 4 763.60 19,921 5 839.90 21,912 6 916.40 23,908

L2 Age 21 1 937.30 24,453

2 973.00 25,385 3 1,008.70 26,317 4 1,044.60 27,252

L3 1 1,066.20 27,816 2 1,094.40 28,552 3 1,122.60 29,287 4 1,150.70 30,020

L4 1 1,203.10 31,388 2 1,242.50 32,415 3 1,281.80 33,442 4 1,320.70 34,456

L5 1 1,355.70 35,369 2 1,401.00 36,550 3 1,446.40 37,734 4 1,491.60 38,915

L6 1 1,557.30 40,628 2 1,598.80 41,711 3 1,640.20 42,792

L7 1 1,719.10 44,849 2 1,761.30 45,951 3 1,803.50 47,051 The rates of pay in this Award includes rates from the Legal Aid Queensland Certified Agreement 200 (No CA 578 of 2000) as at 1 September 2000. The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2002 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the President.] This arbitrated wage adjustment may be offset against any equivalent amount in rates of pay received by Employees whose wages and conditions of employment are regulated by this Award which are above the wage rates prescribed in the Award. Such payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous State Wage Cases or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments. 5.2 Classification definitions 5.2.1 Administrative stream

Definition

The administrative stream comprises those offices, the duties of which apply to the functional areas identified herein, the incumbents of which are required to possess a range of skills appropriate to the stream.

Such functional areas include agency administration, human resource management, finance, customer service, development and implementation of policy, information and advisory services.

5.2.2 Professional stream

Definition

The professional stream comprises a number of offices:



(a) To which are attached a mandatory degree qualification or agreed equivalent as decided by the Joint Training Council; and

(b) The duties of which reflect:

(i) A combination of practitioner and/or specialist responsibilities; or (ii) An identifiable specialisation/management in a profession.

5.2.3 Technical stream

Definition

The technical stream comprises a number of offices–

(a) To which are attached a mandatory diploma, associate diploma or agreed equivalent as decided by the Joint Training Council; and

(b) The duties of which reflect a combination of practitioner and/or specialist responsibilities providing direct assistance to, but on occasion acting in isolation from, other offices; and/or supervision of offices in other streams.

5.2.4 Operational stream

Definition

The operational services stream comprises those offices, the duties of which apply to various functional areas, the incumbents of which are required to possess a range of skills appropriate to this stream.

5.3 Stream allocation Allocations to the administrative, professional, technical and operational streams include the occupational groupings as prescribed below. 5.3.1 Administrative stream – allocations to this stream includes:

Accountant Administrative Officer Administrative Officer (assignments) Administrative Officer (crime) Administrative Officer (client Debtors) Administrative Officer (executive) Administrative Officer (family) Administrative Officer (HRM) Administrative Officer (legal creditors) Administrative Officer (office services) Administrative Officer (purchasing) Administrative Officer (reception) Administrative Officer (social work) Administrative Officer (telephonist) Administrative Officer (trade creditors) Assignments Manager Assistant Education & Liaison Officer Assistant Manager Assignments Advice & Information Co-ordinator Budget Officer Community Education Officer Computer Support Officer Conference Co-ordinator Duty Lawyer Clerk Financial Resources Manager Help Desk Officer Human Resource Manager Internal Auditor Law Clerk Legal Services Development Manager Listing & Briefing Officer Office Services Manager Officer in Charge – Appeals & Mental Health Organisational Development Co-ordinator Personnel Officer Policy & Equity Officer Recoveries Officer Senior Recoveries Officer Support Services Manager Telephone Information Officer Training & Development Co-ordinator

5.3.2 Professional stream – allocations to this stream includes:

Advice Solicitors Computer Systems Officer Counsel Executive Legal Officer Librarian


Manager Applications Manager Computer Services Manager Conferencing Section Manager (Crime) Senior Social Worker Senior Solicitor (Crime) Senior Solicitor (Family) Solicitor in Charge – Child Support Solicitor in Charge – Regionals Social Worker Solicitors (Child Support) Solicitors (Criminal) Solicitors (Family) Solicitors (General/Civil) Solicitors (Regional)

5.3.3 Technical stream – allocations to this stream includes:

Library Technician 5.3.4 Operational stream – allocations to this stream includes:

Maintenance Co-ordinator 5.4 Generic level statements These statements reflect the degree of complexity and responsibility of duties, skills and knowledge proceeding from the lowest to the highest Classification Levels. Their purpose is to provide an indication as to the Classification Level appropriate to any packaging of duties. 5.4.1 Administrative stream

(a) Administrative officer Level 1 Work level description (AO1)

Work at this level usually involves a combination of keyboard, clerical and other duties requiring the application of basic office skills and routines.

Characteristics of the work

Performed under close direction using established routines, methods and procedures with little scope for deviating from these.

The work may involve giving technical and procedural advice to other staff (for example relating to the operation of office equipment used in the work area). It may require the acquisition of knowledge and specific procedures, instructions, regulations or other requirements relating to general administration (eg. personnel or finance operations) and/or specific office programs and activities.

Work at this level does not include supervisory responsibilities although more experienced staff may assist new staff in providing guidance and advice. As individual Employees develop more experience and knowledge they will be required to exercise greater judgement and make decisions in their allocated duties, although these will be confined by instructions, established practices and procedures of written guidelines.

Duties and skills

Work at this level may progressively involve an Employee in a range of activities requiring the use of written and numeric skills, clerical skills, written and verbal communication, equipment skills (eg. keyboard) and other work skills appropriate to the discipline. These skills should be readily transferable between organisations.

Entry to this level is either by beginning of a traineeship or through selection based on standardised vocational testing.

(b) Administrative officer Level 2

Work level description (AO2)

Work at this level usually encompasses a range or combination of administrative activities and operations which require the application of skills and experience in administrative/clerical work and a general knowledge of the work to be performed.

The work will involve achieving clearly defined and established outcomes and/or basic problem solving within guidelines and contributing knowledge or skills or information specific to the work of the agency.


Work is usually performed under close supervision and may involve undertaking a range of duties requiring judgement, liaison and communication within an agency and with other interested parties.

The solution of problems may require the exercising of basic judgement, although knowledge required to perform work is usually related to precedents, guidelines, procedures, regulations and instructions and from senior staff. It may require some knowledge and application of specific procedures, instructions, regulations or other requirements relating to general administration and activities.

Work at this level does not include supervisory responsibilities although more experienced staff may assist new staff providing guidance and advice.

Duties and skills

Knowledge required to perform work is usually related to guidelines, instructions and procedures relevant to the function to the level.



Familiarity with the functions of related work areas and of relationships between organisational elements may be required.

At this level, basic resolution of problems by reference to established procedures may be required.

Work at this level may involve an Employee in a range of activities requiring the use of written and numeric skills, clerical skills, written and verbal communication, equipment skills (eg. keyboard) and other work skills appropriate to the discipline. These skills should be readily transferable between organisations.

The minimum skills required for entry to this level are as defined in the traineeship curriculum or through standardised vocational testing.

(c) Administrative officer Level 3


Work at this level usually requires relevant experience combined with a broad knowledge of the office’s functions and activities and a sound knowledge of the major activity performed within the work area. The work may include preparing preliminary reports, papers and correspondence which usually relate to a specific organisational function or discipline, providing or interpreting information for clients or other interested parties and general administrative support to senior officers.

Supervisory responsibilities may involve some complex operational work and may involve assisting with, or reviewing, the work undertaken by subordinates or team members.

Scope exists for exercising initiative in the application of established work practices and procedures although this level may require expertise to resolve issues within a day-to-day environment for which there may not be clearly established procedures. Effectiveness judgement and work organisation skills are required which have been acquired through previous experience, demonstrated capacity or post secondary education or partial completion of same.


Work is usually performed under general direction and may involve preparing papers, briefing notes, correspondence or other written material.

Decisions made or delegations exercised at this level may have an impact on the relevant agency’s operations, but are normally of limited procedural or administrative importance.

Work at this level may include responsibility for training, involvement in working with staff to develop work performance, planning and co-ordinating tasks and work flow.

Duties and skills

Work at this level requires a sound knowledge of the activities usually performed within the work area and their impact upon the activities of other organisations.

Supervisory responsibilities include on-the-job training and staff assessment and performance counselling in relation to the work area. This level usually requires the application of personnel-related functions such as orientation of staff, staff attendance and recommendation of leave arrangements, written and verbal communication, interpretation and liaison skills to solve basic problems together with interpersonal skills to deal with non-routine matters and analytical abilities appropriate to the work area.

(d) Administrative officer Level 4


Work at this level is usually performed in relation to established priorities, task methodology and work practices to achieve results in line with the corporate goals of the office.

The work may include preparing papers and reports, drafting complex correspondence for senior officers, undertaking activities of a specialist or detailed nature, assisting in the preparation of procedural guidelines, providing, interpreting and analysing information for clients or other interested parties, exercising specific process responsibilities, and overseeing and co-ordinating the work of subordinate work.

Work at this level includes supervision of a work group small work area or office within the total organisational structure and co-ordination of a range of office functions.


Work is performed under general direction as to work priorities and may be of a technical or professional, project, procedural or processing nature, or a combination of these.

Direction exercised over work performed at this level may be less direct than at lower levels and is usually related to task methodologies and work practices. Staff would be expected to set priorities and to monitor work flow in the area of responsibility.

The work at this level requires the application of knowledge usually gained through previous experience in the discipline or from post secondary or tertiary study. The work may require the co-ordination of a range of office functions and the exercising of judgement and/or delegated authority in area where precedents or procedures are not clearly defined.

Independent action may be exercised at this level, particularly in local office situations, for example, developing local procedures, management strategies and guidelines.

Any decisions taken or delegations exercised would be limited by the application of rules, regulations, guidelines or procedures.


The extent of supervisory responsibility would depend on the operational work of the area and factors such as work priorities, complexity of the work and the number of subordinate staff.

Duties and skills

Work performed at this level will require the ability to supervise staff, set priorities, monitor work flow and develop local strategies or work practices.

This may include responsibility for the development of appropriate training programmes related to group development, application of equal employment opportunity, industrial relations principles and an awareness of occupational health and safety guidelines and principles. Staff assessment and counselling may involve providing advice in relation to personal and career development relating to work requirements.

Liaison and communication skills and the capacity to negotiate may be required, particularly for activities involving liaison or communication with clients or other interested groups.

Work at this level requires general knowledge of the office’s operations, combined with specialist knowledge of major activities within the work area.

In program, activity or service delivery areas staff should have the knowledge to interpret and apply standard policies, specific procedures and regulations or other guideline material to specific situations. They should be able to disseminate information about the office’s operations particularly in relation to policy aspects or program, activity or service delivery to clients.

Work at this level may require the ability to investigate, interpret or evaluate information where legislation, regulations instructions or procedural guidelines do not give adequate or specific answers.

(e) Administrative officer Level 5


Work at this level may include a variety of functions as follows:

(a) managing the operations of a discrete organisational element, program or activity; or

(b) the operations of an organisational element which is part of a larger office within the total organisational structure; or

(c) under limited direction in relation to priorities and work practices, providing administrative support to a particular program, activity or

administrative function and consultancy service to external organisations; or

(d) providing subject matter expertise or policy advice across a range of programs or activities undertaken by the agency.

Work at this level may include the preparation of documentation for complex correspondence purposes and for decision by senior officers.

Responsibilities may include liaison and co-ordination within and across functions including office representation and overseeing and co-ordinating the work of other staff assisting in this area.

Work at this level may include operation within a number of specialist or multi-disciplinary teams or independently.


Work is usually performed under limited direction as to work priorities and the detailed conduct of the task.

Direction exercised over work performance at this level includes, depending on the functional role required, the provision of advice, guidance and/or direction in relation to a project, detailed processing, and other work practices.

Independent action may be exercised within the constraints set by senior management.

Any decision taken or delegation exercised tends to be governed by the application of rules, regulations or office operating instructions or procedures. While such decisions may impact on office operations and resources, they are usually limited to the specific work area involved.

Managerial responsibilities would usually depend on the specific activities undertaken. Staff at this level would be expected to set and achieve priorities, monitor work flow and/or manage staffing resources to meet objectives.

Duties and skills

Work at this level requires a knowledge of office operations and the ability to interpret legislation, regulations and other guideline material relating to the operations and functions of the work area.

Work at this level may require –

– the ability to investigate, analyse, interpret or evaluate information for the guidance of staff or clients, or undertake research in relation to

technical matters.

– well developed liaison and communication skills and the ability to negotiate with clients or other interested parties, within parameters decided by senior management.

– significant managerial ability, including the ability to supervise staff, set priorities, monitor work flow, develop local strategies,

procedures and work practices, and allocate resources.

This includes demonstrated personnel management skills, the ability to apply equal employment opportunity principles and procedures and industrial relations principles and occupational health and safety guidelines. Responsibility for the identification of training needs and the development of appropriate training programmes for the work unit may be undertaken at this level.



(f) Administrative officer Level 6


Work at this level may involve providing advice including policy, administrative, or specialist; undertaking work related to the management or administration of a program or activity; service delivery or corporate support functions, including project work and work policy development; preparation or co-ordination of research papers, submissions on policy, technical, professional or program issues, or administrative matters.

Liaison with other elements of the organisation, other government agencies, local authorities or community organisations is usually a feature.

Work also includes the preparation, or overseeing the preparation of correspondence and replies to Parliamentary questions, ministerial representations and other briefing material; and representing the office at meetings, conferences or seminars. Management of diverse occupational groups may be required of this level.


Work is undertaken at this level with limited direction as to work priorities and the detailed conduct of the task. The tasks undertaken may be a complex or specific nature encompassing a major area of office operations.

Direction exercised over work performed at this level may, depending on the function role required, be by way of providing general guidance and advice. Work at this level may involve control and/or co-ordination of projects or programs within the office in accordance with corporate goals, and requires the development, implementation and evaluation of office activities.

Work at this level may involve independence of action including the use and allocation of resources within the constraints laid down by senior management.

Decisions taken or delegations exercised at this level may have major impact on the day-to-day operations of the work area. The impact of such decisions on office operations is likely to be limited to a specific work area or function. Delegations exercised may, depending on the nature of the work required, involve making determinations, instigating another course of action, or reviewing previous decisions.

Managerial responsibilities may be an important function of the work at this level, but this can vary widely depending on factors such as work area, location, priorities, work load, operational deadlines and the availability of staff resources to assist.

Guidelines, rules, instructions or procedures for use by other staff and interested parties may be developed at this level.

Duties and skills

Management skills and abilities necessary to undertake the allocation and monitoring of resources, the review of operations to determine their effectiveness and contribute to the development of policy initiatives or corporate strategies are usually required at this level. A knowledge of financial program management techniques related to the activity or corporate goal of the work area is usually required at this level, together with demonstrated personnel management skills and the ability to apply equal employment procedures and implement training and staff development.

Well developed liaison and communication skills and the ability to negotiate or communicate, under limited direction, on behalf of the agency with clients or other interested parties may be needed.

Work at this level requires a knowledge and awareness of office operations, as related to government initiatives or policies.

The ability to apply or interpret legislation, regulations, instructions or other guideline material relating to the operations, policies or functions of the work area; and the capacity to undertake high level research, reviews or investigations including the preparation of reports and associated papers may also be required.

(g) Administrative officer Level 7


Work at this level may involve control of an organisational element involved in the administration or co-ordination of a specific program, activity or corporate support function at either the Branch or Department Head level, to achieve a result in line with the corporate goals of the agency.

The work may include developing policy and/or providing policy, financial, specific subject matter or administrative advice, including specialist advice or undertaking high level project work; developing, implementing and reviewing policy instructions and administrative or specialist procedures for the guidance of functional elements of the office; initiating and formulating recommendations for office programs; processing representations to the Minister, preparing replies to Parliamentary questions, preparing briefing notes for senior level managers, assisting in the preparation of cabinet submissions and correspondence; liaising with other government bodies and community organisations including the preparation of public information on programs, activities or services; and representing the office at meetings, conferences or seminars.

Work undertaken at this level may also be required to deal with a complex and diverse operating environment.


Work is undertaken at this level with a broad direction usually from a senior level manager or comparable Employee in relation to priorities and the detailed conduct of the task. The activities undertaken would be of a complex or specific nature encompassing a significant element of total office operations.

Work at this level may involve, depending on the functional role, significant independence of action including the use or allocation of resources within the constraints or guidelines laid down by senior management.


Decisions taken at this level may, depending on the degree of autonomy of function and the degree of delegated authority, have significant impact on the day-to-day operations of a specific work area and may also have significant effects elsewhere within the office.

Management responsibilities are usually a significant function at this level. The percentage of the total work taken up in management functions and the character of the direction given to subordinates would depend on the nature of the work area, location, workload factors, priorities and staff resources allocated.

The development of guidelines, rules, regulations, procedures or instructions for either staff or other interested parties may be co-ordinated at this level.

Duties and skills

Management skills and the abilities necessary to monitor resources allocations, evaluate program effectiveness, manage staff and resources, formulate policy initiatives and develop corporate strategy proposals are usually required at this level. A knowledge of financial program management practices appropriate to the program or activity or corporate goal of the organisational element in which a position is located, are usually required at this level.

Work at this level requires the application of a high level of discipline, knowledge, a detailed knowledge of both government policies and procedures and an appreciation of their application in relation to office operations. Staff at this level would be expected to have the ability to undertake personnel management functions and to plan, develop and implement programmes associated with equal employment opportunity, occupational health and safety, staff and development and counselling within the functional area of responsibility. Work may require the ability to interpret and provide advice on legislation, regulations, instructions or other guideline material relating to the policies, operations or functions of the work area; and the capacity to undertake specific or major research, investigations or reviews and prepare associated papers or reports.

Liaison and communication skills of a high order, including the capacity and ability to negotiate or communicate on behalf of the agency with clients or other interested groups, perhaps to finality, may be needed.

(h) Administrative officer Level 8


Work at this level may involve responsibility for a major program or programs at statewide level and of critical importance to the agency, operating within broad policy guidelines, or be responsible for a service-wide function.

High levels of discipline, expertise and experience are required combining elements of planning, organising, directing and evaluating to determine goals and priorities within the framework of the corporate objectives of the office or of other agencies.

This level will require a capacity for original thinking, creativity, the exercise of significant levels of independent judgement, and the exercise of delegated authority as required.

The work may include providing specialist consultancy advice within or across agencies, developing policy and interpreting, reviewing and implementing policy instructions, setting objectives in the work area, processing representations to the Minister, overseeing responses to Parliamentary questions, preparation of reports to government, preparing ministerial briefing notes and correspondence, liaising with other government bodies and community organisations, including the provision of public information on programs, activities or services; and representing the agency at meetings, conferences or seminars.


Work is undertaken at this level, usually under the broad direction of a senior executive, with significant levels of independent judgement in keeping with the complex nature of work undertaken and the allocation of resources within the constraints or guidelines laid down by senior executives. Delegations exercised at this level may, depending on the functional role, involve being the final authority in the process of approving the expenditure of funds, undertaking specific action in line with the policy of the office, or reviewing any previous action or decisions in the work area.

Management responsibilities are usually a significant function at this level, with management of a number of projects of significance within and outside the office being involved.

The development of guidelines, rules, regulations, procedures or instructions for staff or other interested parties may be instigated at this level.

Work at this level may include analysis of organisational design and the formulation of strategic plans for staff and organisational development.

Duties and skills

Management skills and the abilities necessary to determine resource allocations, manage staff and resources, formulate policy initiatives and develop corporate strategies are usually required at this level. A knowledge of financial program management practices and the evaluation of the results of program activities against stated objectives are normally required at this level.

Work at this level requires the application of a high level of discipline and knowledge including detailed knowledge of both government policies and procedures and their application in relation to office operations. Staff at this level with managerial responsibilities would be required to oversee the implementation of personnel management functions and to plan, develop and implement programmes associated with equal employment opportunity, occupational health and safety, and formulate policies and plans for staff and organisational development.

Liaison and communication skills to enable the effective resolution of complex organisational issues, including the capacity and ability to negotiate or communicate on behalf of the office with clients or other interested groups, often to finality, may be required.



5.4.2 Professional stream

(a) Professional officer Level 1

Work level description (PO1)

Work at this level is restricted to those Employees who have met the minimum entry requirements under the relevant legislation e.g. PSME Act plus the educational requirements for acceptance into an appropriate tertiary institution.

Appointment to this level is solely for the purpose of fulfilling prerequisite education and/or training prior to appointment to the substantive grade (UG-1 – Degree) in the professional stream.

A requirement at this level is the successful completion of the educational or training requirements of the particular professional group.

Appointees to this level may be enrolled as full-time or part-time students, and if part-time, may be required to do work associated with the relevant profession, but at a level and under a degree of supervision appropriate to the skills held. This may include some work normally which would be carried out by Level 2 (i.e. Practising) Professionals, provided such work is verified or validated by a qualified and experienced professional Employee.


Work within this level is performed under close supervision following standard routines, methods and procedures with little scope for deviation, or the exercise of initiative or judgement. The routines, methods and procedures to be followed are at a level consistent with skills acquired. Initially direct guidance is given when problems arise.

Skills and knowledge will be acquired and demonstrated on a progressive basis consistent with the formal and informal training undertaken.

Positions at this level have no supervisory responsibility, although more experienced staff may be expected to assist new staff by providing basic advice and guidance.

Duties and skills

This level recognises that duties and skills will increase in complexity as the Employee moves through the education and training phase.

Employees at this level usually perform repetitive tasks which are fully prescribed and are usually performed in response to standardised instructions or requests.

Employees at this level may undertake a combination of routine clerical, analysis, preparatory and operative duties requiring the application of basic skills and routines.

(b) Professional officer Level 2


Positions at this level consist of Employees with a minimum of UG1 (Degree) qualification or agreed equivalent and who are identified as belonging to the generic groupings listed in the definition statement.

Mandatory qualifications exist for entry to this level with an expectation of the application of professional knowledge gained through formal studies.

Positions at this level involve the delivery of basic professional services which are in support of agency objectives.


Work is initially performed under close supervision by a more experienced professional, however, this supervision is expected to reduce as experience increases. Guidance is always close at hand.

The solution of problems may require the exercise of professional judgement through the selection and application of procedures, methods and standards, however guidance from senior staff is readily available.

Employees at this level may operate individually or as a member of a project team within a work group.

Positions at this level generally have no supervisory responsibilities although more experienced Employees may assist new Employees by providing guidance and advice.

Possession of the mandatory tertiary qualification and experience is required for positions within this level.

Additionally, knowledge of basic practices and procedures relevant to the discipline is required. Professional judgement may be exercised within prescribed areas, however the provision of results are subject to verification and validation.

Duties and skills

Positions at this level may involve an Employee in a range of activities including the analysis and interpretation of findings as they relate to the elements of the work. They could also include the preparation of reports incorporating recommendations on basic operations.

Employees at this level perform non-repetitive tasks, governed by established procedures, specific guidelines and standardised instructions.

Employees must have obtained professional knowledge as indicated by successful completion of the appropriate 3 year undergraduate degree or diploma and be able to apply theoretical aspects of the relevant discipline to basic problems or minor phases of broader assignments.


(c) Professional officer Level 3


This level usually requires professional expertise in one or more areas of a discipline. Detailed knowledge of standard professional tasks are required with scope existing for exercising initiative in the application of established work practices and procedures.

At this level some supervisory responsibility of subordinate staff may be required. The degree of supervision is variable depending on the assignment or project.

Employees will be required to progressively obtain greater specialised knowledge through postgraduate qualifications or postgraduate developmental experience through attendance at specialist seminars and achieve a higher level of outcomes under reducing professional direction.


Work is usually performed under general guidance with the general quality of output monitored by superiors. However, the technical content of the work is not normally subject to direct supervision. Guidance may be given in reviewing work programmes or on unusual features of an assignment.

Employees are expected to exercise initiative in the application of professional practices either as a member (in some situations as leader) or a specialist professional in multi-disciplinary teams or independently and may deputise for the professional head of a small work unit. Employees at this level may have supervisory responsibilities for technical staff, if required, together with responsibilities for training and development of subordinate professional staff within the discipline.

Duties and skills

Work at this level requires the undertaking of more complex activities and the selection and application based on professional judgement of new and existing techniques and methodologies.

Employees may carry out research under professional supervision and may be expected to contribute to the advances of the techniques used.

Supervisory responsibilities include on-the-job training, staff assessment and performance counselling in relation to subordinates within the discipline or para-professionals, as well as authority for the verification and validation of work results of supervised staff.

Duties also include the responsibility for amended professional assignments, requiring knowledge of either a broad or specialised field. Problems would be addressed by the use of combinations of standard procedures and/or modifications of standard procedures.

(d) Professional officer Level 4


Work at this level usually requires the exercise of professional independence combined with competence derived from extensive experience and/or additional study.

High levels of initiative are required to be exhibited in accomplishing objectives and undertaking complex projects, which may be either on an individual basis as a recognised specialist, a professional practitioner with responsibilities for complex duties or as a senior specialist or leader in a multi-disciplinary team and may deputise for a professional head of a work unit.

The management of work groups may be a function of this level.


Work is performed with limited or no professional supervision. Professional guidance from superiors is only received for those aspects of work which involve new or sophisticated techniques or relate to areas outside the normal span of activity.

Any standard professional task within the discipline, (including problem definition, planning, execution, analysis and reporting) is expected to be performed by an officer of this level.

Work at this level requires the development and provision of professional advice and consultancy services to other agencies, industry representatives and the public. The level of information provided and recommendations made influence the decisions of others, including superiors and peers, especially in the monitoring, development and delivery of programs.

The general quality of advice given is monitored by superiors and is subject to professional standards.

The application of knowledge obtained through postgraduate specialist qualifications or extensive recognised expertise is required for appointment to this level.

Professional specialists at this level would undertake work with significant scope and/or complexity and/or undertake professional duties of an innovative, novel and/or critical nature without professional direction.

Duties and skills

The duties undertaken at this level are of a complex and amended nature. They require detailed knowledge of the office’s operations combined with a specialist or very high level of practitioner knowledge of major activities in the work unit.

Managerial responsibility may cover a small number of professional and related technical staff, and includes training of subordinate staff, co-ordination of workflow processes, responsibility for quality of output of the work unit, performance assessment and review, staff counselling, career planning and development, application of equal employment opportunity principles as well as implementing occupational health and safety guidelines and principles.



Work at this level requires the ability to interpret legislation, regulations and other guideline material relating to the operations and functions of the work area.

(e) Professional officer Level 5


Appointees to this level are recognised as authorities within a particular specialised field of expertise or they may have extensive knowledge within the professional discipline and broad experience spanning more than one professional discipline.

Positions at this level may have professional responsibility for a large work group.


Work at this level may involve the exercise of substantial professional judgement based on knowledge of national initiatives and involvement in the development/application of discipline principles and new technology and/or knowledge of critical work which can involve a number of personnel from the disciplines or a variety of disciplines.

Work is usually performed without professional direction with a discretion permitted within the boundaries of broad guidelines to achieve organisational goals. This level requires that appointees be recognised by their peers as expert professionals in their field either as practitioners or as professional specialists. This recognition is acknowledged by higher qualifications or by publications in refereed scientific journals.

The development and application of discipline principles and new technology may be a feature of this level, requiring the exercise of substantial professional judgement.

Management, initiation and formulation of research programs, major project or management of a scientific service or enterprise involving both a service and research work are features of this level.

Management of large work units, including prioritising work, training of staff, monitoring of work flow and setting of local strategic plans is often a feature of this level. Assessment and review of the standard of work of subordinate professional staff may also be required.

Positions within this level will generally have a very high profile within the discipline and will operate within broad guidelines to achieve specific objectives with professional independence.

Duties and skills

Work at this level requires a detailed knowledge of both governmental policies and procedures and an appreciation of their application in relation to office operations. The ability to interpret and provide advice on legislation, regulations and other guideline material relating to the operations and functions of the work area is required.

Duties may span a range of activities in a complex, specialised environment and may include contributing to the formulation of corporate policy and the implementation of policy directives.

The provision of expert advice on a consultancy basis to outside bodies, agencies and the public as well as participation on inter-agency committees to develop policy, planning and other initiatives is required.

Significant managerial skills and the abilities necessary to monitor resource allocations, evaluate professional, technical and economic impacts of programs, formulate policy and corporate strategy proposals are a requirement of positions within this level.

The management of very complex projects involving a number of personnel from either the discipline or a variety of professional disciplines may be required.

(f) Professional officer Level 6


Work at this level is usually under the broad direction of a senior executive and includes a requirement for high levels of expertise and experience to determine professional objectives and priorities within the frameworks of the office’s corporate goals and in the absence of general professional guidance.

Appointees to this level are recognised as national or international authorities within their discipline and have generally made a significant contribution to the development of professional understanding on a national or international basis.

High levels of expertise and experience are required with a comprehensive knowledge of a recognised professional discipline.

This level may require the management of programs of critical importance to the State, to satisfy the government’s objectives or the office’s corporate goals.


Work is undertaken in a highly complex or specialised field to establish and/or modify standards, guidelines, concepts, theories, techniques or principles, both by adapting precedents and by making significant departures from traditional approaches.

In the absence of other evidence, higher qualifications or national/international professional recognition of expertise is considered essential to undertake duties at this level.

The provision of expert specialist consultancy skills with critical impacts to the industry, to the State and at times the nation must be combined with the exercise of total professional independence.


Duties and skills

The lack of precedent is a significant feature of the majority of duties and actions undertaken.

Development and overseeing the implementation of new and high level programs and major investigations is a significant feature of this level, as is an emphasis on strategic management.

5.4.3 Technical stream

(a) Technical officer Level 1

Work level description (TO1)

Work at this level is restricted to those Employees who have met the minimum entry requirements under the relevant legislation e.g. PSME Act plus the educational requirements for acceptance into the appropriate tertiary institution.

Appointment to this level is solely for the purpose of fulfilling prerequisite education and/or training prior to appointment to the substantive grade in the Technical Stream.

A requirement of this level is the successful completion of the educational or training requirements of the particular technical group. Appointees to this level may be enrolled as full-time or part-time students, and if part-time, may be required to do work associated with the relevant occupation, but at a level and under a degree of supervision appropriate to the skills held. This may include some work which normally would be carried out by Level 2 (i.e. Practising) Technical Officers, provided such work is verified or validated by a qualified and experienced technical Employee.


Work within this level is performed under close supervision following standard routines, methods and procedures with little scope for deviation, or the exercise of initiative or judgement.

The routines, methods and procedures to be followed are at a level consistent with skills acquired. Initially direct guidance is given when problems arise.

Skills and knowledge will be acquired and demonstrated on a progressive basis consistent with the formal and informal training undertaken.

Positions at this level have no supervisory responsibility, although more experienced staff may be expected to assist new staff by providing basic advice and guidance.

Duties and skills

This level recognises that duties and skills will increase in complexity as the Employee moves through the education and training phase.

Employees at this level usually perform repetitive tasks which are fully prescribed and are usually performed in response to standardised instructions or requests.

Employees at this level may undertake a combination of routine clerical, analysis, preparatory and operative duties requiring the application of basic skills and routines.

(b) Technical officer Level 2


Positions at this level consist of Employees with a minimum of a UG2/UG3 tertiary qualification or agreed equivalent and who are identified as belonging to the generic groupings listed in the definition statement.

Positions at this level involve the delivery of basic technical services which are in support of office objectives.


Work is initially performed under close supervision by a more experienced professional or technical officer, however, this supervision is expected to reduce as experience increases. Guidance is always close at hand and work outcomes are closely monitored.

The solution of problems may require the exercise of basic technical judgement through the application of standard procedures, methods and standards, however guidance from senior staff is readily available.

Employees at this level may operate individually under close supervision or as a member of a project team within a work group.

Positions at this level generally have no supervisory responsibilities although more experienced staff may assist new staff by providing guidance and advice.

Knowledge of basic practices and procedures relevant to the discipline is required with the possibility of specialisation in work application.

Duties and skills

Positions at this level may involve an Employee in a range of activities including the analysis of findings as they relate to the elements of the work. They could also include the preparation of reports incorporating recommendations on basic technical investigations, tests or measurements.

Employees at this level perform non-repetitive tasks, governed by established procedures, specific guidelines and standardised instructions. Work is generally undertaken under technical guidance of senior staff.



Skills are generally transferable within particular disciplines.

Employees must have technical knowledge as indicated by successful completion of the appropriate UG/2 or UG/3 tertiary qualification and able to apply theoretical aspects of the relevant discipline to basic problems or minor phases of broader assignments.

(c) Technical officer Level 3


Work at this level requires detailed technical knowledge and experience with demonstrated high levels of accuracy and precision. An understanding of the office’s functions, coupled with detailed knowledge of the unit’s operations, practices and procedures is necessary for competent performance.

An Employee may be required to undertake a range of moderately complex tasks and functions. Specialisation in a particular discipline may be a feature of work at this level.


Work at this level is undertaken autonomously with limited guidance. Guidance is available for complex or unusual problems, research or moderately complex experimental work. However, the contribution of experience to resolve issues on a day-to-day basis for which there may be no established procedure is a requirement of this level. Supervision of small work groups and responsibility for quality of output by the group may be a feature of this level.

Duties and skills

The determination, conduct and evaluation of standard technical practices and procedures is required at this level. Significant technical responsibility exists for the application of new techniques to moderately complex problems and may be combined with limited specialist research.

Supervisory responsibilities would be limited and would include on-the-job training, staff assessment and performance counselling in relation to subordinates within the discipline.

(d) Technical officer Level 4


Appointment to this level requires proven technical expertise and competence with demonstrated proficiency in applying established technical disciplines over several years either on an individual basis or as a member of a multi-disciplinary unit as either a technical practitioner or a technical specialist.

High levels of initiative in accomplishing technical objectives which may be either on an individual basis as a recognised technical specialist or as a senior technical specialist in a multi-disciplinary unit are required.


Work is performed either independently, with limited guidance from superiors only received for those aspects of work which involve new or sophisticated techniques or relate to areas outside the position’s normal span of activity, or as a member of a specialist or multi-disciplinary team.

Specialist technical consultancy either in the particular area of expertise or in a specialist area of expertise is required as is a high level of technical assistance to the work group.

The general quality of advice given is monitored by superiors and is subject to professional standards.

Management of work groups may be a feature of this level.

Duties and skills

Managerial responsibility includes training of subordinate staff, co-ordination of workflow processes, responsibility for quality of output of the work unit, performance assessment and review, staff counselling, career planning and development, application of equal employment opportunity principles as well as implementing occupational health and safety guidelines and principles.

Work at this level requires the ability to interpret legislation, regulations and other guideline material relating to the operations and functions of the work area.

The investigation of a range of operating and design issues is a key duty of this level.

(e) Technical officer Level 5


This level requires a high level of knowledge of complex though conventional methods and techniques of a particular discipline resulting from many years experience and/or advanced technical training.

High levels of autonomy and initiative are required to be exhibited in accomplishing objectives and undertaking complex research projects, which may be either on an individual basis as a recognised technical specialist or as a senior technical specialist in a multi-disciplinary team. Employees would be expected to work with only broad guidelines in accomplishing objectives and undertaking complex projects.

The management of large technical work units which may be located across several work sites or involved in several programs may be a function of this level.



Higher qualifications or further study or research experience is usually a characteristic of this level.

Management of large technical work units, including prioritising work, training of staff, monitoring of work flow and setting of local strategic plans is often a feature of this level. Assessment and review of the standard of work of subordinate technical staff may also be required.

Work at this level requires the development and provision of specialist technical advice and consultancy services to other agencies, industry representatives and the public. The level of information provided and recommendations made influence the decisions of others, including superiors and peers, especially in the monitoring, development and delivery of programs.

Duties and skills

The duties undertaken at this level are of a complex and amended nature. They require detailed knowledge of the office’s operations combined with a specialist knowledge of major activities within the work unit.

Key duties and skills include the development of innovative methodologies, the application of proven techniques to specialised technical services and the undertaking of significant projects requiring the use of analytical skills.

The development and implementation of research studies, the preparation of reports and the formulation of recommendations and strategic plans in relation to the operation of the unit are key duties at this level.

(f) Technical officer Level 6


Appointees at this level are recognised as authorities within a particular specialised technical field of expertise. This expertise is exhibited through extensive knowledge and experience within the area of specialisation possibly gained through either research or further qualifications.

Positions at this level may have managerial responsibility for major work units.

High levels of initiative are required to be exhibited in accomplishing objectives and undertaking complex projects, which may be either on an individual basis as a recognised technical specialist or as a senior technical specialist in a multi-disciplinary team.


Work is usually performed without technical direction with a degree of individual discretion permitted within broad guidelines to achieve organisational goals.

The development and application of discipline principles and new technology may be a feature of this level, requiring the exercise of substantial technical judgement.

Positions within this level will generally have a very high profile within the discipline and will operate within broad guidelines to achieve specific objectives with technical independence.

Duties and skills

Work at this level requires a detailed knowledge of both governmental policies and procedures and an appreciation of their application in relation to office operations.

The ability to interpret and provide advice on legislation, regulations and other guideline material relating to the operations and functions of the work area is required.

Duties may span a range of activities in a complex, specialised environment and may include contributing to the formulation of corporate policy and the implementation of policy directives.

The development of appropriate techniques in providing specialised technical services and the formulation of complex programs within the framework of objectives and priorities of major work units are key duties of this level.

The provision of expert advice on a consultancy basis to outside bodies, agencies and the public as well as participation on inter-office committees to develop policy, planning and other initiatives is required.

Significant managerial skills and the abilities necessary to monitor resource allocations, evaluate program effectiveness, formulate policy and corporate strategy proposals are a requirement of positions within this level.

5.4.4 Operational stream

(a) Operational officer Level 1

Work level description (OO1)

Training, both on and off the job, is a dominant feature of this level.

Characteristics of the level

Work at this level is performed under close supervision and direction following standard routines, methods and procedures with little scope for deviation or the exercise of initiative or judgement in the selection of appropriate means to complete the work assignment. Limited responsibility exists for the final outcome.

The routines, methods and procedures to be followed are at a level consistent with skills acquired. Direct guidance is given when problems arise.



Positions at this level have no supervisory responsibility.

Duties and skills

Employees at this level usually perform repetitive tasks which are fully prescribed and are usually performed in response to standardised instructions or requests. There is only limited scope for interpretation.

(b) Operational officer Level 2

Work level characteristics (OO2)

Positions at this level involve the delivery of operational services whose work routines, methods, and procedures are clearly established and there is limited scope for deviation. Training, both on and off the job, is often a dominant feature of this level.


Work may initially be performed under close supervision by a more experienced officer, however, this supervision is expected to reduce as experience increases. Employees at this level may operate individually or as a member of a project team within a work group. Limited discretion is available for the selection of the appropriate means of completing duties or tasks. Guidance is always available and work outcomes may be closely monitored. Positions at this level may have limited supervisory responsibilities with more experienced staff assisting new staff by providing guidance and advice.

Duties and skills

Positions at this level may involve an Employee in a range of activities including the performance of non-repetitive tasks governed by established procedures, specific guidelines and standardised instructions.

Duties may include field support or regulatory inspection activities and data collection and recording. Appointees to this level undertake a range of functions requiring the practical application of acquired skills and knowledge.

Technical skills not requiring trade or equivalent qualifications are required in order to safely and effectively operate basic machinery to perform routine and standard functions, and organise duties across a working day to meet regular work load requirements.

(c) Operational officer Level 3


Appointment to this level requires proven expertise in the particular discipline with demonstrated proficiency in applying established techniques.

An understanding of the office’s functions coupled with detailed knowledge of the work units’ operations, practices and procedures is necessary for competent performance.


Employees at this level work under general direction and undertake a range of functions which may require the application of trade based skills and experience or the practical application of a high level of skills.

Employees at this level may operate individually or as a member of a project team within a work group.

Supervision of subordinate Employees within a small discrete work group or function may be a feature of this level.

Assistance is usually available if required when problems occur, although problems are to be resolved usually by reference to procedures, documented methods and instructions.

Whilst there is some scope for the exercising of initiative in the application of established work practices and procedures, problems can generally be solved by reference to documented methods and instructions.

Duties and skills

Work at this level requires a sound knowledge of the office’s functions and the requirements of the discipline.

A sound knowledge of the operating procedures is required.

Supervisory responsibilities may include co-ordination of work-flow processes, training of subordinate staff, responsibility of quality of output of the work group, staff assessment and performance counselling in relation to subordinates.

Knowledge and compliance with regulations, codes and specifications may be required.

Duties at this level may include application of trade based skills or equivalent involving field work, design/modification of equipment, research projects, support services and the collating and analysis of specimens or data.

(d) Operational officer Level 4


Work at this level requires specialised knowledge within the discipline.


Work is undertaken under limited direction as to work priorities and the detailed conduct of the task.

Employees may be responsible for larger work groups or functions, field groups or district operations.

High levels of initiative in accomplishing objectives may be required to be exercised either on an individual basis or in a multi-disciplinary unit.


Work is performed either independently with guidance from superiors only received for those aspects of work which involve new or sophisticated techniques or relate to areas outside the positions normal span of activity.

There is scope for the exercise of initiative in the application of established work practices and procedures.

Duties and skills

Duties include the supervision of a work group or function, field group or regional operation, with responsibility for the standard of workmanship, completion of work assignments and allocation of resources.

Interpretation of guideline material and documented precedents and the application of judgement may be required in determining solutions to problems.

(e) Operational officer Level 5


Work at this level requires specialised knowledge of complex though conventional methods and techniques.

High levels of autonomy and initiative may be required to be exhibited in accomplishing objectives and undertaking projects.

Management of large work groups may be a factor.


Employees at this level are subject to limited direction and may exercise managerial responsibility for a large and complex work program.

Usually only broad guidance and advice is provided as to operational requirements and deadlines to achieve end results in line with operating goals.

Duties and skills

Duties may involve detailed planning, directing, co-ordinating or financial control within budget, material and workforce limitations established by management and the implementation of overall office policies.

Managerial responsibility includes training of subordinate staff, co-ordination of work flow processes, responsibility for quality of output of the work unit, performance assessment and review, staff counselling, career planning and development, application of equal employment opportunity principles as well as implementing occupational health and safety guidelines and principles.

(f) Operational officers Levels 6 And 7

Work level description (OO6 & OO7)

Work at this level requires specialised knowledge and may be undertaken autonomously.

These are managerial levels and may include responsibility for large and complex work groups.


Responsibilities at these levels will reflect the size and complexity of office operations and will normally entail significant independence of action in the allocation of resources within constraints imposed by management.

Work is performed under limited direction with a significant degree of discretion permitted within the boundaries of broad guidelines to achieve organisational goals.

Duties and skills

Duties at this level reflect the independent operation of the Employee and may involve significant allocation of resources.

Management of work units may include prioritising work, training staff, monitoring of work flow and setting of local strategic plans. Assessment and review of the standard of work of subordinate staff is also a requirement of this level.

Work at this level requires a knowledge and awareness of agency operations as well as detailed knowledge of major activities of the work unit.

The requirement to interpret legislation, regulations and other guidance material relating to the operations and functions of the work area is necessary for adequate performance at this level.

5.5 Work allocation An Employee, having been appointed to or relieving in an office within a Classification Level, may be allocated and subsequently reallocated to any office within that particular Classification Level.



5.6 Qualifications An Employee appointed to the Administrative Stream who has satisfied examination requirements for a degree or other post-secondary qualification acceptable to the Chief Executive Officer must be paid not less than Classification Level 2, Paypoint (7). 5.7 Movement between classification levels 5.7.1 Movement between Classification Levels will be based on appointment on merit to advertised vacancies. This provision does not apply to

movement between Levels 1 and 2 of the administrative and operational services streams and between Levels 2 and 3 of the professional and technical services streams where annual Increments will continue to apply in accordance with the relevant provisions of clause 5.8.

(a) Every Employee upon attaining the age of 21 years must be paid except on promotion or otherwise prescribed the specific age 21 salary as

indicated within the various streams.

(b) Employees appointed to Level 1 of the technical stream, having obtained the prerequisite qualifications, are to be appointed to the minimum rate prescribed in Level 2 of such stream.

(c) Employees appointed to Level 2 of the professional stream, who possess qualifications higher than the minimum prerequisite qualifications

eg. Honours, Masters and Doctorates and who do not possess any relevant work experience, will begin at the Paypoints as set out hereunder: 4 year qualification Paypoint (2) 5 year qualification Paypoint (3) 6 year qualification Paypoint (4) 7 year qualification Paypoint (5) 8 year qualification Paypoint (6)

Where such Employees possess relevant work experience, such experience may be taken into account in accordance with clause 4.4 in addition to the above in determining starting salary to a maximum of Paypoint (6).

(d) Positions at Level 3 within the Professional and Technical Streams will be created by the Chief Executive Officer as necessary upon the value

of the work undertaken.

(e) Movement of Employees from Level 2 to Level 3 within the Professional and Technical Streams is subject to:

(i) the Employee concerned having served at least 12 months on the maximum salary prescribed for a Level 2 Employee;

(ii) a recommendation from a selection panel established in accordance with Directive 5/97, that the applicant is worthy of promotion. The merit of the applicant is to be evaluated in relation to the prescribed criteria through:

(A) an assessment of a written application from the applicant; and (B) an interview of the applicant; and (C) a certificate from the head of the division in which the Employee is working or a senior Employee knowledgeable in the

Employee’s capabilities that the Employee is worthy of promotion based on assessment of the Employee addressing the prescribed criteria.

(f) An Employee promoted to a position at a higher Classification Level within the same Stream is to be appointed to Paypoint One of that

higher Classification Level.

(g) A person, not previously an Employee, who is appointed to a position may be appointed to any Paypoint within a level, based on recognition of skills, knowledge and abilities.

5.7.2 Prescribed criteria for movement: professional stream Applicants for movement within the professional stream from Level 2 to Level 3 must be assessed by the selection panel on the following criteria:

(a) Demonstrated professional expertise in one or more areas of a discipline as shown by –

(i) detailed knowledge of standard professional tasks;

(ii) examples of modifications to standard procedures and practices and contributions to the development of new techniques and methodologies; and/or

(iii) professional contribution relevant to the discipline at a local level.

(b) Possession of postgraduate qualifications or postgraduate developmental experience through attendance at specialist seminars or in-service

presentations relevant to the discipline.

(c) Evidence of recognition by peers, the profession, or other client groups as shown by one or more of the following (the activities used as evidence will vary with the discipline of the applicant):

– original in-service presentations;

– published papers;

– active involvement in conferences and seminars;

– consultancies;

– recognition as a resource person who collects, collates and imparts knowledge in a particular area;

– preparation of significant internal reports.


(d) Demonstrated levels of performance and innovation through:

– a history of satisfactory performance;

– demonstrated high levels of efficiency and effectiveness;

– demonstrated high level of responsibility and initiative. 5.7.3 Prescribed criteria for movement: technical stream Applicants for movement within the technical stream from Level 2 to Level 3 must be assessed by the selection panel on the following criteria:

(a) Demonstrated technical expertise in one or more areas of a discipline as shown by –

– detailed technical knowledge and experience;

– high levels of accuracy and precision in undertaking procedures;

– technical contribution at a local level. (b) Possession of higher technical qualifications or developmental experience through attendance at specialist seminars or in-service

presentations relevant to the discipline.

(c) Evidence of recognition by peers, industry or other client groups as shown by one or more of the following (the activities used as evidence will vary with the discipline of the applicant):

– original in-service presentations;

– published papers;

– active involvement in conferences and seminars;

– consultancies;

– recognition as a resource person who collects, collates and imparts technical knowledge in a particular area;

– preparation of significant internal reports.

(d) Demonstrated levels of performance and innovation through:

– a history of satisfactory performance;

– demonstrated high levels of efficiency and effectiveness;

– demonstrated high level of responsibility and initiative.

5.8 Movement within classification levels 5.8.1 Except in the case of an Employee who is paid the prescribed basic salary on attaining the age of 21 years or in the case of a promotion, or

transfer and promotion from one Classification Level to another, an increase will not be made to the salary of any Employee until:

(a) In the case of a full-time Employee such Employee has received such salary for a period of 12 months.

(b) In the case of a part-time Employee such Employee has received such salary for the equivalent of 12 months’ full time service. 5.8.2 No Employee is entitled to receive annual salary Increments by virtue of this Award unless:

(a) In the case of Employees in Levels 1 and 2 of the Administrative, Professional and Technical Streams and Levels 1, 2, and 3 of the Operational Stream, the conduct, diligence and general efficiency of such Employee has been certified by the Chief Executive Officer to have been and to be satisfactory;

(b) In the case of Employees in all other Classification Levels, performance objectives have been achieved as certified by the Chief Executive

Officer. 5.8.3 If any Increment prescribed by this Award is withheld from or refused to be granted to any Employee, an appeal by such Employee may be made

subject to the grievance handling procedures prescribed by this Award. 5.9 Performance of higher duties 5.9.1 An Employee who temporarily fills a position performing all of the duties of that position for more than 3 days at a higher Classification Level

within the same Stream as determined by this Award is to be paid extra remuneration at Paypoint 1 of such Classification Levels. 5.9.2 An Employee who temporarily fills a position performing all of the duties of that position for more than 3 days at a higher Classification within a

different stream as determined by this Award is to be paid extra remuneration either –

(a) At the first Paypoint of the Classification Level of the position being temporarily filled; or

(b) At the next highest Paypoint above their existing Paypoint, within the Classification Level of the position being temporarily filled,

whichever is higher.



5.9.3 Where a requirement arises for an Employee to temporarily fill a position at a higher Classification Level on a long term basis, such arrangement must only occur in compliance with Directive 5/97:

5.9.4 Where Directive 5/97 has been complied with, and an Employee will be temporarily filling a position for over 12 months, performance objectives

under Directive 18/97 are to be set at the higher level and not at the Employee’s nominal level: 5.9.5 Where an Employee meets the objectives, the Employee moves to the next Increment within the higher level until either the period of temporary

relief ends when reversion to the Employee’s normal substantive Paypoint will occur, or another 12 months’ performance planning and review cycle has been completed in which case the Employee will continue to move within the higher level until the period of temporary relief ceases.

5.9.6 The substantive Paypoint is that Paypoint to which the Employee would have progressed if the Employee had remained in their substantive

position and had achieved satisfactory performance objectives under the performance planning and review process. 5.9.7 An Employee is not entitled to be paid the higher duties allowance whilst on leave unless that Employee has been directed to perform and has

actually performed higher duties for a continuous 12 month period immediately preceding such leave. 5.9.8 Only leave which may be credited as service forms part of the 12 month period. 5.9.9 Leave taken after the beginning of higher duties counts as forming part of the period on which higher duties are performed if the Employee

resumes duty at the higher level immediately upon returning from leave. 5.9.10 The relieving period is recognised as service for the purpose of determining the Paypoint and Increment date of an Employee who is subsequently

appointed to a higher Classification Level, where the following conditions are satisfied:

(a) The period of relieving has been continuous for a period exceeding 12 months;

(b) The Employee was selected for the relieving position based on the principles of Directive 5/97; and

(c) Performance objectives were decided for the relieving position and the Employee achieved those objectives. 5.10 Allowances 5.10.1 Locality allowance The conditions and entitlements of locality allowances paid to Employees who are appointed to work at named centres are prescribed under Directive 19/99 Locality Allowances, as issued and amended by the Minister for Industrial Relations under section 34 of the Public Service Act 1996. 5.10.2 Motor vehicle allowance The motor vehicle allowances payable to Employees when they are required to use a private motor vehicle for official purposes are prescribed under Directive 13/01 Motor Vehicle Allowances, as issued and amended by the Minister for Industrial relations under section 34 of the Public Service Act 1996. 5.10.3 On-call allowances

(a) Where an Employee is instructed by the Chief Executive Officer or a duly authorised Employee to be available on call outside the ordinary or rostered working hours for duty, the Employee must be paid, in addition to the ordinary rate of pay, an allowance in accordance with the following scale –

(i) Where the Employee is on call through the whole of a Saturday, Sunday or a public holiday - $11.95 in respect of such instances;

(ii) Where the Employee is on-call during the night only of a Saturday, Sunday or a public holiday - $7.75 per night;

(iii) Where the Employee is on-call on any other night - $6.10 per night.

For the purposes of this provision "night" is deemed to consist of those hours falling between 7.00 p.m. and 6.00 a.m. or mainly between such hours.

(b) Monday to Friday – An Employee on-call being recalled to perform duty must be paid for the time worked at the prescribed overtime rate,

such time to be calculated as from home and back to home with a minimum payment of 2 hours.

(c) Saturday and Sunday and Public Holidays – An Employee on call performing overtime work on recall on Saturday, Sunday or a public holiday may be paid for such overtime at the appropriate overtime rate with a minimum of 2 hours inclusive of travelling time, in respect of overtime worked on a Saturday or Sunday and 4 hours in respect of overtime worked on a public holiday, or at the Employee’s option be allowed equivalent time off. Such time to be calculated as from home and back to home.

(d) An Employee on-call requested by the Chief Executive Officer, to provide advice (without the need to return to the facility), must be paid at

the prescribed overtime rate for the actual time worked up to a maximum of 2 hours on any one day. The Employee will be responsible for the recording of such requests which will require subsequent verification by the Chief Executive Officer.

(e) Any overtime payable is in addition to the on-call allowance.

(f) Where an Employee on-call is recalled to perform work during an off duty period such Employee must be provided with transport to and

from the Employee’s home, or be refunded the cost of such transport.

(g) Where practicable, the Chief Executive Officer will not require an Employee to be continuously available on-call for a period in excess of 6 weeks.

5.10.4 Meal Allowance Employees called upon to work for more than one hour after their usual ceasing time, are to be supplied with a reasonable meal at the employer’s expense or be paid in accordance with Directive 20/01.

1804 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 5.10.5 First aid allowance An Employee holding a certificate in first aid issued by the St. John’s Ambulance Brigade, or equivalent qualifications as decided by the employer, who is appointed in writing by the Chief Executive Officer as a first aid attendant must be paid an allowance of $20.30 per fortnight in addition to the ordinary rate of pay. The continued payment of this allowance to an Employee will be reviewed annually by the Chief Executive Officer. PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK 6.1 Hours of work – Day work The ordinary hours of duty of all Employees are not to exceed 36.25 hours per week, to be worked between the hours of 8.00 a.m. and 6.00 p.m. Monday to Friday inclusive. The ordinary hours of work, excluding meal breaks, are not to exceed 7.25 hours per day: 6.2 Variable working hours 6.2.2 Definitions: For the purposes of variable working hours, the under mentioned terms have the following meanings:

(a) “Bandwidth” is the time span between the earliest commencing time and the latest ceasing time permissible for ordinary work.

(b) “Carryover” is the amount of accumulated Credit Time or Debit Time which, an Employee carries over between consecutive Settlement

Periods.

(c) “Core Time Leave” is an approved absence during prescribed Core Times, excluding leave as set out in Part 7 of this Award.

(d) “Core Times” are the periods during the day when all Employees perform ordinary duty (unless absent upon approved leave).

(e) “Credit Time” is the amount of time that an Employee performs ordinary work and/or gets credit for periods of approved leave during the Bandwidth on an ordinary working day in excess of a Standard Day.

(f) “Debit Time” is the amount of time less than a Standard Day that an Employee performs ordinary work and/or gets credit for periods of

approved leave during the Bandwidth on an ordinary working day.

(g) “Settlement Period” is the prescribed period of time during which Employees accumulate the equivalent of Standard Hours by way of approved leave, credit for public holidays falling upon normal working days and ordinary work during the Bandwidth. Subject to the conditions prescribed hereunder, Employees are entitled to carry over certain Credit Time or Debit Time between Settlement Periods.

(h) “Standard Day” is the total daily working hours occurring during Standard Hours.

(i) “Standard Hours” are the ordinary hours of duty as prescribed by this Award.

(j) “Variable Periods” are the time spans within the Bandwidth and outside of Core Times when, subject to the requirements of the particular

position, and the agreement of the Supervisor concerned an Employee may amend commencing and ceasing times for ordinary work. 6.2.3 Working arrangements:

(a) Employees must at all times obey directions given by their supervisors regarding hours of work during the Bandwidth. If an Employee feels that there may be ground for complaint arising out of such directions, the Employee may appeal through their supervisor to the Chief Executive Officer. The Employee concerned must nevertheless carry out the supervisor’s directions until same are countermanded by the Chief Executive Officer.

(b) (i) All staff must give first priority to the maintenance of acceptable work flows. There is to be co-operation between Employees and their

supervisors in planning Employees’ working times in order that resources are available to service the needs of the public and other organisations, and to enable the continuance of inter-office and intra-office communication and services:

The supervisor, or Chief Executive Officer must ensure that at all times no more than 25% of staff available for duty in any particular section, or office, or district office are absent on Core Time Leave at any one time.

(ii) An Employee may not get credit for time during Variable Periods unless work is available for the Employee to perform and is performed

during such period. Work must be made available for at least 72.5 hours during the Settlement Period.

(c) As far as practicable, disputes between Employees regarding Employees’ working times will be settled by mutual co-operation between the Employees concerned. However, where such agreement cannot be reached the supervisor’s decision will be final.

(d) An Employee who fails to comply with the abovementioned procedures or the conditions prescribed in clause 6.2.4 to the satisfaction of the

Chief Executive Officer will, upon instruction from the Chief Executive Officer work Standard Hours. Thereafter, time worked outside Standard Hours is not to be credited as working time for the purposes of these arrangements.

(e) It is the responsibility of each supervisor in respect of their section to ensure that, in the implementation of these arrangements, the needs of

Legal Aid Queensland and the public are met and that proper supervision is available at all times.

(f) If it has been proven that an Employee has violated the terms of these arrangements the relevant Union will take no action on behalf of the Employee except where the penalty imposed on the Employee is considered to be unduly excessive.

6.2.4 Conditions of employment: This applies to Employees whose Standard Hours are 36.25 per week between 9.00 a.m. and 5.00 p.m. Mondays to Fridays inclusive and not in receipt of overtime allowances.

(a) Bandwidths are between 8.00 a.m. and 6.00 p.m. Mondays to Fridays inclusive. Work performed outside this Bandwidth (other than authorised overtime) does not gain any advantage to the Employee concerned:



(b) The Chief Executive Officer may extend the Bandwidth for an Employee or groups of Employees between 7.00 a.m. and 6.00 p.m. Mondays to Fridays inclusive when in the opinion of the Chief Executive Officer such extended times suit the exigencies of Legal Aid Queensland. In such instances the supervisor may direct the starting and ceasing times of Employees within the extended Bandwidth provided that the supervisor must grant a lunch break of not less than 30 minutes between the 3rd and 6th hours of duty.

(c) Core Times are between the hours of 9.30 a.m. to 12 noon and 2.00 p.m. to 4.00 p.m. Mondays to Fridays inclusive.

(d) Variable Periods are between the hours of 8.00 a.m. to 9.30 a.m., 12 noon to 2.00 p.m. and 4.00 p.m. to 6.00 p.m. Mondays to Fridays

inclusive.

The starting and ceasing times of Employees are deemed to begin on the hour or at least 15 minute intervals thereafter. Where an Employee begins duty prior to such time, or completes duty after such time, no credit is to be allowed for such periods.

(e) Standard Hours are 9.00 a.m. to 5.00 p.m. Mondays to Fridays inclusive with a lunch break of 45 minutes between 12 noon and 2.00 p.m. A

Standard Day is 7 hours 15 minutes. (f) Maximum Hours – Subject to clause 6.2.4(a), an Employee must not work more than 9 hours during the Bandwidth on any one day or more

than 5 hours between 12.30 p.m. and 6.00 p.m. on any one day.

Any time worked in excess of 9 hours during the Bandwidth on any one day or in excess of 5 hours between 12.30 p.m. and 6.00 p.m. on any one day will not be counted as working time and such additional time worked will not gain any advantage for the Employee concerned:

In respect of clause 6.2.4(a) above, an Employee or group of Employees directed to begin duty prior to 8.00 a.m. may accrue Credit Time beyond 9 hours.

(g) Lunch Break – Subject to clause 6.2.4(a), all Employees are to take a lunch break of not less than 30 minutes’ duration between the hours of

12 noon and 2.00 p.m. An Employee is to begin such lunch break not later than 5 hours subsequent to the time duty was begun on the day concerned:

The Chief Executive Officer may extend the Variable Period for the lunch break for an Employee or group of Employees where in the opinion of the Chief Executive Officer such extension is to suit the exigencies of Legal Aid Queensland:

Such lunch break is to be not less than 30 minutes and is to be granted to the Employee between the 3rd and 6th hours of duty.

Employees are to avoid taking their lunch break at their normal work place if other Employees are continuing to work in the vicinity. If this is impracticable, Employees are to ensure that the needs of those who are working are respected.

(h) Rest Pauses – A rest pause of 10 minutes’ duration in the employer’s time is to be allowed to each Employee during each Core Time at a time

to suit the convenience of the employer and so as not to interfere with the continuity of work where continuity in the opinion of the employer is necessary.

(i) Settlement Periods of one fortnight’s duration start from Mondays which begin fortnightly pay periods. During each Settlement Period an

Employee must accumulate 72 hours 30 minutes by way of time actually worked and/or approved leave during the prescribed Bandwidth and credit for public holidays which occur upon Mondays to Fridays inclusive: An Employee’s Carryover Credit Time or Debit Time existing at the beginning of a Settlement Period is to be counted when calculating such hours:

An Employee is entitled to carry over prescribed Credit Time or Debit Time to the next Settlement Period.

(j) Credit Time and Debit Time accumulate from one working day to the next and subject to the provisions of clause (k) hereunder, between

Settlement Periods.

There is no limit to the amount of Credit Time that an Employee may accumulate at any time during a Settlement Period.

Employees must not accumulate Debit Time in excess of 4 hours at any time during a Settlement Period.

An Employee who resigns or retires or otherwise ceases duty is to ensure that such Employee possesses no Credit Time or Debit Time at the time of ceasing duty with Legal Aid Queensland. Any such Employee will not receive compensation for Credit Time existing at the time of such cessation of duty: An Employee possessing a Debit Time at the time of ceasing duty will have a corresponding deduction made from the salary of such Employee.

(k) Carryover – Credit Time and Debit Time which an Employee has accrued at the end of a Settlement Period is to, subject to the following

conditions, be carried over to the beginning of the next Settlement Period and subsequently be added to Credit Time or Debit Time which accumulate during such period.

The maximum Carryover which an Employee is allowed is 7 hours 15 minutes Credit Time and 4 hours’ Debit Time.

If at the end of a Settlement Period an Employee’s Carryover Credit Time is in excess of 7 hours 15 minutes, no payment will be made for such excess period, i.e. the time will be forfeited. Where an Employee certifies that the Employee had planned to reduce Credit Time to within the abovementioned maximum limit by the end of a Settlement Period and either a specific direction by such Employee’s supervisor on short notice to work certain hours or an unforeseen absence on sick leave or other approved leave upon days immediately preceding the end of a Settlement Period prevented the Employee from complying with such maximum limit, the Chief Executive Officer may approve a Carryover in excess of the prescribed maximum limit for such Employee.

Any such time in excess of 7 hours 15 minutes as approved must be taken during the next Settlement Period.

If at the end of a Settlement Period an Employee’s Carryover Debit is in excess of 4 hours such excess period is to be taken without pay (to be deducted during a subsequent fortnightly pay period) unless such Employee furnishes an explanation satisfactory to the Chief Executive Officer. An Employee who accumulates a Carryover Debit in excess of 4 hours may be instructed by the Chief Executive Officer to work prescribed Standard Hours in accordance with the provisions of clause 6.2.3(d).


(l) An Employee may be granted Core Time Leave if:

(i) The Employee has accumulated an equivalent amount of credit at the beginning of the day upon which the period of Core Time Leave is required; and

(ii) Prior approval of the Supervisor has been obtained:

Core Time Leave must not be taken in periods of less than 2 1/2 hours’ duration during morning Core Times and 2 hours’ duration during afternoon Core Times and must not exceed a total of 4 1/2 hours’ during any Settlement Period. No more than one period of Core Time Leave is to be taken on the same or consecutive working days in consecutive Settlement Periods.

(m) Saturdays, Sundays and public holidays:

(i) The provisions of clause 6.3 of this Award continue to apply: Any equivalent time off allowed to an Employee is not be counted in such

Employee’s Credit Time, Debit Time or Carryover prior to the time such equivalent time off is actually allowed.

When equivalent time off is taken during prescribed Core Times, such absences are not deemed to be Core Time Leave for the purposes of clause (l) above;

(ii) All Employees are to be credited with a Standard Day for public holidays which occur from Mondays to Fridays inclusive. When such

public holidays are of one-half days’ duration, Employees are to be credited with 3 hours 38 minutes.

(n) Overtime:

(i) Compensation for overtime at the rates prescribed in clause 6.3 is only to be made in respect of time worked outside the prescribed Bandwidth;

(ii) Unless the convenience of Legal Aid Queensland otherwise requires, Employees authorised to perform overtime from Mondays to

Fridays inclusive (other than Public Holidays) are to actually work not more than a total of 7 1/2 hours during the Bandwidth on the day concerned;

(iii) Equivalent time off allowed to an Employee in terms of clause 6.3 of this Award is not to be counted in such Employees’ Credit Time,

Debit Time or Carryover prior to the time such equivalent time off is actually allowed.

When equivalent time off is allowed during the prescribed Core Times, such absences are not deemed to be Core Time Leave for the purposes of clause 6.2.4(l).

(o) Meal allowance – an Employee who performs authorised overtime for more than one hour after 6.00 p.m. Mondays to Fridays inclusive

(other than public holidays) must, in addition to any payment for overtime to which the Employee is entitled, be paid meal money in accordance with clause 5.10.4 and any amendments thereto:

An Employee who performs authorised overtime after 6.00 p.m. Mondays to Fridays inclusive (other than public holidays) and who cannot reasonably be expected to go home or their lodgings for a meal and who has a continuous meal break of at least 45 minutes between 4.00 p.m. and the completion of such overtime for which no payment is made, must, in addition to any payment for overtime to which the Employee is entitled, be paid meal money in accordance with clause 5.10.4 and any amendments thereto:

A meal of reasonable quality and adequate quantity may be supplied by the employer in lieu of the abovementioned meal monies.

(p) Performance of higher duties – payment of extra remuneration in accordance with the provisions of clause 5.9 of this Award continue to

apply:

(i) Payment of extra remuneration is only to be made in respect of hours actually worked during the Bandwidth and credit for public holidays falling from Mondays to Fridays inclusive between the beginning and cessation of the period which the higher position is temporarily filled, calculated to the nearest quarter of an hour: Payment of extra remuneration is not to be made in respect of time during the Bandwidth and credit for public holidays worked falling from Mondays to Fridays inclusive between the beginning and cessation of such period in excess of the equivalent of total Standard Hours for the period concerned;

(ii) An Employee is not to be paid extra remuneration for temporarily filling a position during another Employee’s absence upon Core

Time Leave. Any such periods are not counted in assessing the prescribed minimum qualifying period for the payment of extra remuneration;

(iii) An Employee who actually performs the whole of the duties and accepts all of the responsibilities of a position temporarily filled for

more than 3 working days is not to be paid extra remuneration unless the Employee has worked during the Bandwidth and/or obtained Credit Time for public holidays falling from Mondays to Fridays inclusive for a total of more than 21.75 hours during the continuous period involved;

(iv) An Employee who actually performs less than the whole of the duties and/or accepts less than all of the responsibilities of a position

temporarily filled for at least 3 weeks is not to be paid extra remuneration unless the Employee has worked during the Bandwidth and/or obtained Credit Time for Public Holidays falling from Mondays to Fridays inclusive for a total of 108.75 hours during the continuous period involved;

(v) Where an Employee who is temporarily filling a position is absent upon Core Time Leave, such Core Time Leave is not deemed to

interrupt that period of performance of such duties if such Employee goes back to the same duties on the Employee’s return from Core Time Leave.

(q) Leave:

(i) The provisions of Part 7 continue to apply: Such leave must only be granted during prescribed Standard Hours:

An Employee who is granted one-half day of such leave is to, be credited with 3 hours 38 minutes’ leave;



(ii) Where practicable, Employees are to attend to private business, doctors/dentists appointments, etc., outside prescribed Core Times: Should Legal Aid Queensland approve that an Employee may be absent for such purposes during prescribed Core Times, such approved periods of absence are not counted as working time or Core Time Leave.

(iii) Travelling time – Travel upon authorised duty away from an Employee’s headquarters during prescribed Standard Hours is to be

counted as time worked for the purposes of clause 6.2. Time spent travelling outside Standard Hours is not to be credited as working hours.

6.3 Overtime 6.3.1 Employees are entitled to overtime as follows:

(a) (i) Employees in receipt of salary not exceeding the equivalent of Paypoint (2) of Level 4 of the administrative stream are to be paid for overtime worked at the Employee’s present salary level:

(ii) Employees remunerated above Paypoint (3) of Level 5 of the administrative stream, Paypoint (3) of Level 3 of the professional stream

and Paypoint (3) of Level 4 of the technical stream are not entitled to the payment of overtime, but are to be granted equivalent time off in lieu. Such time is to be taken within 12 months’ of the day on which the overtime was worked at a time mutually convenient to the employer and the Employee:

Subject to agreement with the Chief Executive Officer, such Employee may add such time off in lieu of overtime to that Employee’s annual leave account, but such accrued time off in lieu of overtime is not to exceed 10 working days in any one year:

Any time off in lieu of overtime will lapse if not taken within 12 months from the day on which the overtime was worked.

(iii) Employees remunerated above the equivalent of Paypoint (2) of Level 4 of the administrative stream and up to and including the

Paypoints provided in clause 6.3.1(a)(ii) , are to be paid overtime at the rate equivalent to Paypoint (2) of Level 4 of the administrative stream;

Except:

(b) Employees working variable working hours where the overtime provisions are prescribed by such arrangements.

6.3.2 Employees subject to the provisions of clauses 6.3.1(a)(i) and (iii) are entitled to the following:

(a) Overtime, that is authorised time worked outside the ordinary starting and ceasing times or in excess of the ordinary hours of duty, is to be paid for at the rate of time and a-half for the first 3 hours and double time thereafter.

All overtime worked on:

– Saturday is to be paid for at the rate time and a-half for the first 3 hours and double time thereafter.

– Sunday is to be paid for at double the ordinary rate.

(b) A minimum payment of 2 hours’ work is to apply to all overtime worked on a Saturday or a Sunday.

(c) An Employee recalled after completing ordinary duty, or recalled at least 2 hours prior to commencing duty, is to be paid at overtime rates

with a minimum payment of 2 hours:

Such minimum payments do not apply where such overtime is performed immediately preceding and/or following ordinary hours:

Should an Employee be called out again within that 2 hour period, no further minimum payment applies to that work which is to be separately paid for at the prescribed overtime rates.

(d) Subject to clause 5.9 an Employee temporarily filling and discharging the duties of a position at a higher Classification Level for which

overtime payments are applicable is to, subject to the provisions of clause 6.3.1(a), be paid for authorised overtime at the minimum rate applicable to that higher Classification Level.

(e) Subject to agreement with the Chief Executive Officer, an Employee may elect to take time off in lieu of overtime worked. Such Employee

is to be allowed equivalent time off which is to be taken within 12 months of the day on which the overtime was worked:

Subject to agreement with the Chief Executive Officer, an Employee may add such time off in lieu of overtime to that Employee’s annual leave account, but such accrued time off in lieu of overtime is not to exceed 10 working days in any one year:

Any time off in lieu of overtime will lapse if not taken within 12 months of the day on which the overtime was worked.

6.3.3 Overtime is calculated to the nearest quarter of an hour on the total amount of overtime claimed by the Employee. 6.3.4 Employees must work reasonable overtime whenever necessary in the opinion of the Chief Executive Officer. 24 hours’ notice is to be given,

where practicable, to an Employee required to work overtime. 6.3.5 Fatigue leave – An Employee who works so much overtime between the completion of ordinary work on one day and the beginning of ordinary

work on the next day, so that 10 consecutive hours off duty has not occurred, is to be released after completion of such overtime until 10 consecutive hours off duty occurs without loss of pay for ordinary working time occurring during such absence.

6.3.6 If, on the instructions of the Chief Executive Officer, an Employee resumes or continues work without having had 10 consecutive hours off duty,

the Employee is to be paid double rates until released from duty for such period, and then entitled to be absent until 10 consecutive hours off duty has occurred without loss of pay for ordinary working time occurring during such absence.

1808 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 6.4 Meal breaks All Employees are allowed an unpaid meal break of not less than 30 minutes between the 3rd and 6th hours, with such break being taken at a time which maintains the continuity of work when necessary. 6.5 Rest pauses Employees are entitled to rest pauses subject to the following:

(a) A total of 10 minutes for an Employee who works more than 3 hours but less than 6 ordinary hours in any one day; or

(b) A total of 20 minutes for an Employee who works at least 6 ordinary hours in any day. PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 7.1 Annual leave 7.1.1 Every Employee (other than a Casual Employee) covered by this Award is, at the end of each year of employment, entitled to annual leave on full

pay of not less than 4 weeks. 7.1.2 Part-time Employees are entitled to annual leave on a pro rata basis. 7.1.3 Annual leave is to be exclusive of any public holiday which may occur during the period of that annual leave and (subject to clause 7.1.6) is to be

paid for by the employer in advance:

(a) In the case of every Employee in receipt, immediately prior to such leave, of a rate in excess of the ordinary rate payable under this Award, at that excess rate; and

(b) In every other case, at the ordinary rate payable to the Employee concerned immediately prior to that leave under this Award.

7.1.4 Reasonable notice of the beginning of annual leave is to be given to the Employee. 7.1.5 Except as provided above, it is not lawful for Legal Aid Queensland to give or for any Employee to receive payment in lieu of annual leave. 7.1.6 Calculation of annual leave pay – in respect to annual leave entitlement to which clause 7.1 applies, annual leave pay (including any proportionate

payments) is calculated as follows:

(a) All Employees – subject to the provisions of clause 7.1.6(b), in no case is the payment by Legal Aid Queensland to an Employee to be less than the sum of the following amounts:

(i) The Employee’s ordinary wage rate as prescribed by the Award for the period of the annual leave (excluding weekend penalty rates);

(ii) A further amount calculated at the rate of 17 1/2% of the amount referred to in clause 7.1.6(a)(i).

(b) The provisions of clause 7.1.6(a) do not apply to any period of annual leave exceeding 4 weeks.

7.2 Sick leave 7.2.1 Sick leave (leave of absence on account of illness) on full salary will accumulate at the rate of 10 working days for each completed year of service

and a proportionate amount for an incomplete year of service. 7.2.2 Leave may be taken for part of a day. 7.2.3 Entitlement to sick leave is conditional on the Employee promptly notifying the employer of the Employee’s absence and of its expected duration. 7.2.4 An application for sick leave of more than 3 days is to be supported by a medical certificate or any other evidence that is acceptable to the

employer. 7.2.5 The entitlements for sick leave are prescribed under Directive 8/01 Sick Leave, as issued and amended by the Minister for Industrial Relations

under section 34 of the Public Service Act 1996. 7.3 Bereavement leave 7.3.1 If the death occurs within Australia of a person who bears to an officer one of the relationships set out below and provided that satisfactory proof

is furnished, the officer is to be granted bereavement leave on full salary for the purpose of attending the funeral of the deceased person for the whole or part of the 2 day period constituted by the following:

(a) the day of the funeral; and

(b) either:

(i) the day before the funeral; or (ii) where necessary because of travel arrangements, the day after the funeral.

RELATIONSHIPS

wife or husband (including a former spouse, a de facto spouse and a former de facto spouse, spouse of the same sex) father step-brother mother step-sister father-in-law brother-in-law brother sister-in-law sister son-in-law child or step-child daughter-in-law



step-father grandfather step-mother grandmother half-brother grandson half-sister granddaughter

7.3.2 A long-term Casual Employee is entitled to at least 2 days’ unpaid bereavement leave on the death of a person who bears to that Employee one of

the relationships set out in clause 7.3.1. 7.3.3 A “long-term Casual Employee” is a Casual Employee engaged by a particular employer, on a regular and systematic basis, for several periods of

employment during a period of at least one year immediately before the Employee seeks to access an entitlement under clause 7.3.2 7.3.4 If the death occurs outside Australia of a person who bears to an officer one of the relationships specified in clause 7.3.1, and provided that

satisfactory proof is furnished, the officer is to be granted bereavement leave on full salary for the purpose of attending the funeral of the deceased person for a period not longer than 2 working days.

7.4 Long service leave 7.4.1 Employees who complete 10 years’ continuous service are entitled to long service leave at the rate of 1.3 weeks on full pay for each year of

continuous service and a proportionate amount for an incomplete year of service. 7.4.2 After 7 years’ continuous service Employees are entitled to a proportionate payment (calculated on a pro rata basis for 7 years’ continuous

service) in specified circumstances relating to the termination of employment and parental leave. 7.4.3 The entitlements to long service leave are prescribed under Directive 1/01 Long Service Leave, as issued and amended by the Minister for

Industrial Relations under section 34 of the Public Service Act 1996. 7.5 Family leave 7.5.1 The provisions of the Family Leave Award – Queensland Public Sector (including special responsibility leave) apply. 7.5.2 The entitlements to family leave include:

Maternity leave; Spousal leave; Pre-natal leave; Pre-adoption leave; and Adoption leave.

and those conditions are found in Directive 3/01 Parental Leave, as issued and amended by the Minister for Industrial Relations under section 34 of the Public Service Act 1996.

7.6 Industrial relations education leave 7.6.1 Industrial relations education leave is paid time off to acquire knowledge and competencies in industrial relations. Such knowledge and

competencies can allow Employees to effectively participate in consultative structures, perform a representative role and further the effective operation of grievance and dispute settlement procedures.

7.6.2 Employees may be granted up to 5 working days (or the equivalent hours) paid time off (non-cumulative) per calendar year, approved by the chief

executive (or delegated authority) of the agency, to attend industrial relations education sessions,. 7.6.3 Additional leave, over and above 5 working days non-cumulative (or the equivalent hours) in any one calendar year may be granted where

approved structured Employees’ training courses involve more than 5 working days (or the equivalent). Such leave will be subject to consultation between the chief executive (or delegated authority) of the agency, the relevant Union and the Employee.

7.6.4 Upon request, and subject to approval by the chief executive (or delegated authority) of the agency, Employees may be granted paid time off in

special circumstances to attend management committee meetings, Union conferences, and ACTU congress. 7.6.5 The granting of industrial relations education leave or any additional special leave should not impact adversely on service delivery, work

requirements or the effectiveness and efficiency of the agency/work unit concerned. At the same time such leave shall not be unreasonably refused. At the discretion of the chief executive of the agency/public sector unit concerned, public sector Employees may be granted special leave without pay to undertake work with their Union.

7.7 Special leave The entitlements for special leave are prescribed under Directive 10/01 Special Leave, as issued and amended by the Minister for Industrial Relations under section 34 of the Public Service Act 1996. 7.8 Public holidays 7.8.1 All work done by any Employee on:

– the 1st January; – the 26th January; – Good Friday; – Easter Saturday (the day after Good Friday); – Easter Monday; – the 25th April (Anzac Day); – The Birthday of the Sovereign; – Christmas Day; – Boxing Day; or – any day appointed under the Holidays Act 1983, to be kept in place of any such holiday,


is to be paid for at the rate of double time and a-half with a minimum of 4 hours. 7.8.2 Labour day All Employees covered by this Award (other than Casual Employees) are entitled to be paid a full day’s wage for Labour day (the first Monday in May or other day appointed under the Holidays Act 1983, to be kept in place of that holiday), irrespective of the fact that no work may be performed on such day and if any Employee concerned actually works on Labour day, such Employee is to be paid a full day’s wage for that day and in addition, a payment for the time actually worked by the Employee at one and a-half times the ordinary rates prescribed for such work with a minimum of 4 hours. 7.8.3 Annual show All work done by Employees in a district specified from time to time by the Minister by notification published in the Gazette on the day appointed under the Holidays Act 1983, to be kept as a holiday in relation to the annual agricultural, horticultural or industrial show held at the principal city or town, as specified in such notification, of such district, is to be paid for at the rate of double time and a-half with a minimum of 4 hours. No Employee is entitled to receive payment in accordance with clause 7.8.3 for work performed on such a day on more than one occasion in each calendar year. 7.8.4 Double time and a-half For the purposes of clause 7.8, where the rate of wages is a fortnightly rate, “double time and a-half” means one and one half day’s wages in addition to the prescribed fortnightly rate, or pro rata if there is more or less than a day. 7.8.5 An Employee who performs work on any public holiday or any day appointed under the Holidays Act 1983, to be kept in place of any such

holiday, may at the Employee’s option receive time off equivalent to the number of hours worked, with a minimum of half a working day in lieu of monetary compensation. Such Employee, who is granted equivalent time off, is to be paid at half the ordinary rate for the time so worked with a minimum of 4 hours.

7.8.6 Where an Employee is entitled to time off in lieu for working on a public holiday, such time off, at the option of the Employee, may be added to

annual leave or taken within 28 days of the day on which the Employee worked. Where, time off is to be added to the annual leave of any Employee, the time off to be allowed must not exceed 10 working days in any one year, or 20 working days in the case of an Employee who has permitted annual leave to accumulate for 2 years.

7.8.7 Where mutual agreement exists between the Chief Executive Officer and the Employee concerned and subject to statutory limitations, other

ordinary working days may be substituted for the public holidays specified in clause 7.8. Where an Employee is subsequently required to work on such substituted day, the Employee is to be paid the rate applicable for the holiday that has been substituted.

PART 8 – TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK 8.1 Work away from headquarters 8.1.1 An eligible Employee who is required to:

(a) Travel on official duty; or

(b) To take up duty away from the Employee’s usual place of work to relieve another Employee or to perform special duty,

is allowed actual and reasonable expenses or allowances for accommodation, meals and incidental expenses necessarily incurred by the Employee.

8.1.2 These are prescribed under Directive 01/02 Travelling and Relieving Expenses, as issued and amended by the Minister for Industrial Relations

under section 34 of the Public Service Act 1996. PART 9 – TRAINING AND RELATED MATTERS 9.1 Training, learning and development 9.1.1 The parties to this award recognise that in order to increase efficiency and productivity a greater commitment to learning and development is

required. 9.1.2 Accordingly, the parties commit themselves to developing a more highly skilled and flexible workforce and providing Employees with career

opportunities through appropriate training to acquire additional skills and knowledge for performance of their duties. 9.1.3 Within each agency a consultative mechanism and procedures involving representatives of management, Employees and public sector Unions

shall be established as determined by the chief executive having regard to the size, structure and needs of that agency. 9.1.4 Following consultation the chief executive shall develop a learning and development strategy consistent with –

(a) The current and future needs of the agency;

(b) The size, structure and nature of the operations of the agency;

(c) The need to develop vocational skills relevant to the agency through courses conducted wherever possible by accredited educational institutions and providers.

9.1.5 Learning and development may be both on-the-job or off-the-job and either internal or external to the organisation. 9.1.6 Learning and development provided should assist Employees in obtaining knowledge and skills recognised by the Australian National Training

Authority (ANTA). 9.1.7 All such learning and development should be directed at enabling Employees to enhance skills relevant to duties to be performed. Employees will

be expected to attend scheduled learning and development activities.



9.1.8 Clause 9.1 shall operate as an interim provision and shall be subject to review after 12 months operation. PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES No provisions inserted in this Award relevant to this Part. PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Preamble Clauses 11.1 and 11.2 replicate legislative provisions contained within the Act. In order to ensure the currency of existing legal requirements parties are advised to refer to sections 366, 372 and 373 of the Act as amended from time to time. 11.1 Right of entry 11.1.1 Authorised industrial officer

(a) An “authorised industrial officer” is any Union official holding a current authority issued by the Industrial Registrar.

(b) Right of entry is limited to workplaces where the work performed falls within the registered coverage of the relevant Union. 11.1.2 Entry procedure


(i) The authorised industrial officer alerts the employer or other person in charge of the workplace to their presence; and

(ii) Shows their authorisation upon request.





An authorised industrial officer is entitled to inspect the time and wages record required to be kept under section 366 of the Act.

An authorised industrial officer is entitled to inspect such time and wages records of any former or current Employee except if the Employee:

(a) Is ineligible to become a member of the officer’s Union; or

(b) Has made a written request to the employer that the Employee does not want that Employee’s record inspected.

The authorised industrial officer may make a copy of the record, but cannot require any help from the employer.

A person must not coerce an Employee or prospective Employee into consenting, or refusing to consent, to the inspection of their records by an authorised industrial officer.

11.1.4 Discussions with employees An authorised industrial officer is entitled to discuss with the employer, or a member or Employee eligible to become a member of the relevant Union:


(b) any other matter with a member or Employee eligible to become a member of the Union, during non-working time. 11.1.5 Conduct An authorised industrial officer must not unreasonably interfere with the performance of work in exercising a right of entry. 11.2 Time and wages record 11.2.1 An employer must keep, at the place of work in Queensland, a time and wages record that contains the following particulars for each pay period

for each Employee, including apprentices and trainees:

(a) The Employee’s Award classification;

(b) The employer’s full name;

(c) The name of the Award under which the Employee is working;

(d) The number of hours worked by the Employee during each day and week, the times at which the Employee started and stopped work, and details of work breaks including meal breaks;

(e) A weekly, daily or hourly wage rate – details of the wage rate for each week, day, or hour at which the Employee is paid;

(f) The gross and net wages paid to the Employee;


(g) Details of any deductions made from the wages; and

(h) Contributions made by the employer to a superannuation fund. 11.2.2 The time and wages record must also contain:

(a) The Employee’s full name and address;

(b) The Employee’s date of birth;

(c) Details of sick leave credited or approved, and sick leave payments to the Employee;

(d) The date when the Employee became an Employee of the employer;

(e) If appropriate, the date when the Employee ceased employment with the employer; and

(f) If a Casual Employee’s entitlement to long service leave is worked out under section 47 of the Act – the total hours, other than overtime, worked by the Employee since the start of the period to which the entitlement relates, worked out to and including 30 June in each year.


accordance with section 371 of the Act or an authorised industrial officer in accordance with sections 372 and 373 of the Act. 11.2.5 Consistent with Ministerial Directive 12/01 Attendance – Recording, Reporting and Public Holidays, a Chief executive may specifically exempt

those Employees who have been, or who are a class of office from a system for recording starting and finishing times, meal breaks and absences from duty.

11.3 Union encouragement 11.3.1 The parties recognise the right of individuals to join a relevant Union and will encourage that membership. However, it is also recognised that

Union membership remains at the discretion of individuals. 11.3.2 An application for Union membership and information on the relevant Union will be provided to all Employees at the point of engagement. 11.3.3 Information on the relevant Union will be included in induction materials. 11.3.4 Union representative(s) will be provided with the opportunity to discuss Union membership with new Employees. 11.3.5 Where requested by public sector Unions, agencies and public sector units will provide payroll deduction facilities for Union subscriptions. 11.4 Union delegates 11.4.1 The parties acknowledges the constructive role democratically elected Union delegates undertake in the workplace in relation to Union activities

that support and assist members. That role will be formally recognised, accepted and supported. 11.4.2 Public sector Employees will be given full access to Union delegates/officials during working hours to discuss any employment matter or seek

Union advice, provided that service delivery is not disrupted and work requirements are not unduly affected. 11.4.3 Provided that service delivery and work requirements are not unduly affected, delegates will be provided convenient access to facilities for the

purpose of undertaking Union activities. Such facilities include: telephones, computers, e-mail, photocopiers, facsimile machines, storage facilities, meeting rooms and notice boards. It is expected that management and delegates will take a reasonable approach to the responsible use of such facilities for information and communication purposes.

11.4.4 Subject to the relevant Employee’s written approval and any confidentiality provisions, delegates may request access to documents and policies

related to a member’s employment. 11.5 Award posting A true copy of this Award is to be exhibited in a conspicuous and convenient place on the premises of the employer so as to be easily read by Employees. SCHEDULE A Eligible Employees for the purposes of Commonwealth Superannuation Act 1976, as amended. PAYROLL NUMBER 1284213 1284237 1284242 1284279 1284350 SCHEDULE B Eligible Employees for the purposes of Long Service Leave (Commonwealth Employees) Act 1976 as in force on 2 December 1979 PAYROLL NUMBER 1284213



1284237 1284242 1284197 1284279 1284350 SCHEDULE C Salary horizons

PAYROLL NO

DATE APPOINTED POSITION

CLASSIFICATION SALARY HORIZON Date Salary Achieved

1229095 15.4.92 PO4(04) PO5(01) 21.4.1995 1284273 24.1.83 PO4(04) PO5(01) 1.7.1995 1253278 15.4.92 PO4(03) PO5(01) 21.4.1996 1284287 4.8.89 PO4(01) PO5(01) 1.1.1998 1277102 13.1.92 PO4(01) PO5(01) 13.1.1998 1254287 15.4.92 PO4(01) PO5(01) 21.4.1998 1267602 15.4.92 PO3(04) PO5(01) 21.4.1999 1252877 15.4.92 PO3(04) PO5(01) 5.11.1998 1284352 9.10.89 PO4(02) PO5(01) 1.1.1997 1234794 10.9.90 PO4(01) PO5(01) 1.7.1998 1285233 2.12.91 PO3(04) PO5(01) 1.12.1998 1285296 2.1.91 PO3(02) PO5(01) 1.7.2001 1284293 9.4.90 PO4(04) PO5(01) 1.7.1995 1284344 7.9.92 PO4(03) PO4(04) 7.9.1994 1196545 30.9.91 PO4(03) PO4(04) 30.9.1994 1232783 12.8.91 PO4(03) PO4(04) 12.8.1994

1285299 2.9.91 PO4(01) PO4(04) 2.9.1996

5000848 2.12.91 PO4(01) PO4(04) 2.12.1996

5005024 25.5.92 PO4(01) PO4(04) 25.5.1997

5004693 25.5.92 PO3(04) PO4(04) 25.5.1998

1284341 9.4.90 PO3(04) PO5(01) 1.7.1999

5000921 9.12.91 PO3(03) PO4(04) 9.7.1998

1284346 28.9.92 PO3(02) PO4(04) 25.9.1999

1284245 19.8.91 PO5(02) PO5(04) 29.9.1995

5001082 6.1.92 PO5(03) PO6(01) 9.12.1995 1284240 29.3.93 PO5(02) PO5(04) 29.3.1996 5002196 9.3.92 AO3(04) AO4(04) 9.3.1998 1284222 19.8.92 AO3(01) AO3(03) 19.8.1995

5004972 26.4.93 PO3(03) PO5(01) 26.4.2000 Dated 13 March 2003. By the Commission, [L.S.] E. EWALD, Operative Date: 12 May 2003 Industrial Registrar. ###########################################################################################################################



SEAMEN'S AWARD – BRISBANE RIVER AND MORETON BAY

(No. AR86 of 2002)



MARITIME AWARD – BRISBANE RIVER AND MORETON BAY 2003 PART 1 – APPLICATION AND OPERATION

1814 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 1.1 Title This Award is known as the Maritime Award – Brisbane River and Moreton Bay 2003. 1.2 Arrangement Subject Matter Clause No. PART 1 – APPLICATION AND OPERATION Title ................................................................................................................................................................................................................................1.1 Arrangement...................................................................................................................................................................................................................1.2 Application of Award ....................................................................................................................................................................................................1.3 Date of operation............................................................................................................................................................................................................1.4 Parties bound..................................................................................................................................................................................................................1.5 Definitions......................................................................................................................................................................................................................1.6 PART 2 – FLEXIBILITY Enterprise flexibility ......................................................................................................................................................................................................2.1 PART 3 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION Grievance and dispute settling procedure......................................................................................................................................................................3.1 PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Contract of employment ................................................................................................................................................................................................4.1 Part-time employment....................................................................................................................................................................................................4.2 Casual employees...........................................................................................................................................................................................................4.3 Termination of employment ..........................................................................................................................................................................................4.4 Continuity of service – transfer of calling .....................................................................................................................................................................4.5 Anti-discrimination ........................................................................................................................................................................................................4.6 Cleaning of quarters .......................................................................................................................................................................................................4.7 PART 5 – WAGES AND WAGE RELATED MATTERS Wages.............................................................................................................................................................................................................................5.1 PART 6 – HOURS OF WORK, BREAKS, OVERTIME, WEEKEND WORK Hours of work ................................................................................................................................................................................................................6.1 Stand off .........................................................................................................................................................................................................................6.2 Overtime.........................................................................................................................................................................................................................6.3 Call out ...........................................................................................................................................................................................................................6.4 Meal hours......................................................................................................................................................................................................................6.5 Sunday work ..................................................................................................................................................................................................................6.6 General ...........................................................................................................................................................................................................................6.7 PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Annual leave ..................................................................................................................................................................................................................7.1 Sick leave .......................................................................................................................................................................................................................7.2 Bereavement leave .........................................................................................................................................................................................................7.3 Family leave...................................................................................................................................................................................................................7.4 Long service leave .........................................................................................................................................................................................................7.5 Public holidays...............................................................................................................................................................................................................7.6 PART 8 – TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK No provisions inserted in this Award relevant to this Part. PART 9 – TRAINING AND RELATED MATTERS Training ..........................................................................................................................................................................................................................9.1 PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES No provisions inserted in this Award relevant to this Part. PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Right of entry .................................................................................................................................................................................................................11.1 Time and wages record ..................................................................................................................................................................................................11.2 Union encouragement ....................................................................................................................................................................................................11.3 1.3 Application of Award 1.3.1 This Award shall apply to deck hands and youths employed on vessels plying in the Brisbane River and Moreton Bay other than employees of the

State of Queensland, the Brisbane City Council, the Queensland Cement and Lime Company Limited, and employees on the craft owned or controlled by Hayles’ Cruises Pty. Limited.



1.3.2 When tugs are engaged in sea towage of vessels from port to port within the Commonwealth, the coastal rates of wages and conditions of the relevant Federal award shall apply.

1.4 Date of operation This Award takes effect from 12 May 2003. 1.5 Parties bound This Award is legally binding upon the employees as prescribed by clause 1.3 and their employers, and the Union and its members. 1.6 Definitions 1.6.1 The “Act” means the Industrial Relations Act 1999 as amended or replaced from time to time. 1.6.2 “Commission” means the Queensland Industrial Relations Commission. 1.6.3 “Union” means the Seamen’s Union of Australasia, Queensland Branch, Union of Employees. PART 2 – FLEXIBILITY 2.1 Enterprise flexibility 2.1.1 As part of a process of improvement in productivity and efficiency, discussion should take place at each enterprise to provide more flexible





supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee(s) may bypass this level in the procedure.





3.1.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 3.1.2, the matter shall, in the case of a member of a Union, be

reported to the relevant officer of that Union and the senior management of the employer or the employer’s nominated industrial representative. An employee who is not a member of the Union may report the grievance or dispute to senior management or the nominated industrial representative. This should occur as soon as it is evident that discussions under clause 3.1.2 will not result in resolution of the dispute.







PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 4.1 Contract of employment

4.1.1 Employees (other than casual employees) covered by this Award shall be advised in writing of their employment category upon engagement.



(a) full-time;


(c) casual (as prescribed in clause 4.3). 4.2 Part-time employment 4.2.1 A part-time employee is an employee who:

(a) is employed for not less than 16 hours per week and for not more than 32 ordinary hours per week; and (b) is rostered for a minimum of 4 consecutive hours on any shift or day.

4.2.2 At the time of engagement the employer and the part-time employee will agree in writing the number of ordinary hours worked each week. 4.2.3 Any agreed amendment to the number of ordinary hours worked will be recorded in writing. 4.2.4 All time worked outside the ordinary daily and weekly hours specified in the employee’s roster will be overtime and paid for at the rates

prescribed in clause 6.2. 4.2.5 A part-time employee must be paid for ordinary hours worked at the rate of 1/40th of the weekly rate prescribed for the class of work performed. 4.2.6 A part-time employee will receive proportionate pay and employment conditions to those of full-time employees. 4.2.7 Where a public holiday falls on a day upon which an employee is normally employed, that employee shall be paid the appropriate rate for the

number of hours normally worked on that day. An employee’s regular roster will not be altered to avoid this obligation. 4.2.8 Where an employee and their employer agree in writing, part-time employment may be converted to full-time, and vice-versa on a permanent

basis or for a specified period of time. If such an employee transfers from full-time to part-time (or vice-versa), all accrued award and legislative entitlements shall be maintained. Following transfer to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment.

4.3 Casual employees 4.3.1 Casual employees shall be paid at the rate of ordinary time, plus 23%, with a minimum of 4 hours employment. 4.3.2 Any person working 36 ordinary working hours or over shall not be deemed a casual. 4.3.3 A casual employee shall, where possible, be given notice of termination before ceasing work. 4.4 Termination of employment 4.4.1 Statement of employment The employer shall, in the event of termination of employment, provide upon request to an employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee. 4.4.2 Termination by employer






(c) Payment in lieu of notice shall be made if the appropriate notice is not given:

Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.


(e) The period of notice in clause 4.4.2 shall not apply in the case of dismissal for misconduct or other grounds that justify instant dismissal, or in the case of casual employees, or employees engaged for a specific period of time or for a specific task or tasks.

(f) In order to terminate the employment of an employee in their first 3 months of employment, the employer is required to give the employee 24

hours’ notice, or payment in lieu thereof. 4.4.3 Notice of termination by employee The notice of termination required to be given by an employee is 24 hours’ notice. If an employee fails to give notice the employer shall have the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate for the period of notice.



4.5 Continuity of service – transfer of calling In cases where a transfer of calling occurs, continuity of service should be determined in accordance with sections 67-71 of the Act, as amended from time to time. 4.6 Anti-discrimination 4.6.1 It is the intention of the parties to this Award to prevent and eliminate discrimination, as defined by the Anti-Discrimination Act 1991 and the








(b) an employee, employer or registered organisation, pursuing matters of discrimination, including by application to the Human Rights and Equal Opportunity Commission/Anti-Discrimination Commission Queensland.

4.7 Cleaning of quarters The quarters shall be cleaned during working hours. PART 5 – WAGES AND WAGE RELATED MATTERS. 5.1 Wages 5.1.1 The minimum rates of wages payable to employees shall be:

Per week $ Boating attendant/Deck hand ..................................................................................................................431.40

Wages – The minimum rate of wages for junior employees shall be the following percentage of the rate prescribed for Boating attendant/Deck hand.

Percentage %

Under 17 years of age 55 17 years and under 18 years 65 18 years and under 19 years 75 19 years and under 20 years 85 and thereafter not less than the minimum rate provided for an adult employee.

5.1.2 Junior rates shall be calculated in multiples of 10 cents with any result of 5 cents or more being taken to the next highest 10 cent multiple. PART 6 – HOURS OF WORK, BREAKS, OVERTIME, WEEKEND WORK 6.1 Hours of work 6.1.1 The ordinary working hours for employees, other than employees on tugs, shall not exceed 40 per week, to be worked in shifts not exceeding 8

hours, exclusive of meal hours, between the hours of 6 a.m. and 6 p.m. on not more than 6 out of every 7 consecutive days: 6.1.2 There shall not be any break in the ordinary working hours on any day except a break for a meal, which shall not exceed one hour. 6.1.3 Employees on tugs The ordinary working hours of employees on tugs shall not exceed 40 per week, to be worked in shifts not exceeding 8 consecutive hours, between the hours of 6 a.m. and 6 p.m. on Mondays to Fridays. 6.1.4 Employees, with the exception of those employed on tugs, shall not be required to work more than 5 hours without a break of one hour for a meal.

If no break is allowed after 5 hours have been worked, employees shall be paid for one hour at overtime rates:

Provided that in the case of employees in tugs no time shall be allowed for any meal hour nor shall any overtime be paid in lieu thereof provided that any employee, if the tug’s engagements so permit, may with the permission of the Master of the tug or in his/her absence the Engineer, be allowed to be absent from duty for a period first stated by the Master or Engineer and such period of absence shall not be deemed to be any part of the working hours or day and no wage or allowance shall be paid or received for any such period or periods of absence.

1818 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 6.1.5 All time worked in excess of the ordinary working hours specified in clause 6.1 shall be deemed overtime, and shall be paid for at the rates

prescribed herein. 6.2 Stand off Employees shall not be asked to stand off for less than 4 hours: Provided that in the case of employees in tugs such employees shall not be asked to stand off for less than 6 hours. 6.3 Overtime 6.3.1 All overtime, except as hereinafter provided, shall be paid for at one and a-half times the ordinary rate for the first 3 hours, after which double

time shall be paid until the ordinary starting time next morning. Overtime rates shall be paid where employees work overtime between 6.00 a.m. and the usual starting time.

6.4 Call out 6.4.1 A “call out” shall be counted as 3 hours, providing that such “call out” is outside the ordinary hours of labour. 6.4.2 In the case of employees in tugs a “call out” shall be counted as of not less than 3 hours’ duration providing that such “call out” is outside the

ordinary hours of labour. A “call out” on a Sunday or duly prescribed holiday shall be counted as of not less than 5 hours’ duration. 6.5 Meal hours 6.5.1 On all vessels with the exception of tugs the meal hours shall be:

(a) Breakfast – Any one hour between 7 a.m. and 9 a.m.

(b) Dinner – Any one hour between 12 noon and 2.15 p.m. 6.5.2 Where employees, with the exception of those employed on tugs, are required to continue working after 6 p.m. they shall be allowed one hour for

tea immediately following 6 p.m. 6.5.3 In the case of an excursion vessel returning alongside a wharf between 5 p.m. and 7 p.m., the provision for tea hour shall not apply. 6.5.4 If any employee is called upon to work during a meal hour they shall be paid overtime rates for the time worked during the meal hour. 6.6 Sunday work For the work performed on Sundays employees on tugs shall be paid at the rate of double time with a minimum payment of 5 hours 6.7 General 6.7.1 When the week’s time is broken by signing the crew on coastal articles, time worked prior to the signing on in that week, if less than 40 hours

have been worked, shall be paid at casual rates. 6.7.2 When tugs are actually engaged in towing work in Brisbane River or Moreton Bay, time shall be counted from the time each employee arrives on

board until the time of leaving the vessel. PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 7.1 Annual leave 7.1.1 Every employee (other than a casual employee) shall at the end of each year of their employment be entitled to not less than 4 weeks’ annual

leave on full pay. 7.1.2 Such annual leave shall be exclusive of any public holiday which may occur during the period of that annual leave and (subject to clause 7.1.6)


(a) In the case of any and every employee in receipt immediately prior to that leave of ordinary wages at a rate in excess of the ordinary rate payable under clause 5.1, at that excess rate; and

(b) In every other case, at the ordinary time rate of pay payable under clause 5.1 to the employee concerned immediately prior to that leave.

7.1.3 If the employment of any employee is terminated at the expiration of a full year of employment, the employer shall be deemed to have given the

leave to the employee from the date of the termination of the employment and shall immediately pay to the employee, in addition to all other amounts due to them, their pay, calculated in accordance with clause 7.1.6, for 4 weeks and also their ordinary time rate of pay for any public holiday occurring during such period of 4 weeks.


all other amounts due, an amount equal to 1/12th of their pay for the period of their employment, calculated in accordance with clause 7.1.6. 7.1.5 Unless the employee shall otherwise agree, the employer shall give the employee at least 14 days’ notice of the date from which such employee’s

annual leave shall be taken. 7.1.6 Calculation of annual leave pay

In respect to annual leave entitlements to which clause 7.1 applies, annual leave pay (including any proportionate payments) shall be calculated as follows:

(a) Subject to clause 7.1.6(b), in no case shall the payment by an employer to an employee be less than the sum of the following amounts:

(i) The employee’s ordinary wage rate as prescribed in clause 5.1 for the period of the annual leave (excluding weekend penalty rates); and



(ii) A further amount calculated at the rate of 17 1/2% of the amount referred to in clause 7.1.6(a)(i).

(b) Clause 7.1.6(a) does not apply to:

(i) any period or periods of annual leave exceeding 4 weeks; and (ii) employers who are already paying an annual leave bonus, loading or other annual leave payment which is not less favourable to

employees. 7.2 Sick leave 7.2.1 Entitlement

(a) Every employee, except casuals, pieceworkers, and school based apprentices and trainees, is entitled to 64 hours’ sick leave for each completed year of their employment with their employer.

(b) This entitlement will accrue at the rate of 8 hours’ sick leave after each 6 weeks of employment, to maximum of 64 hours per year. (c) Payment for sick leave will be made based on the ordinary number of hours that would have been worked by the employee if they were not

absent on sick leave. (d) Sick Leave may be taken for part of a day. (e) Sick leave shall be cumulative, but unless the employer and employee otherwise agree, no employee shall be entitled to receive, and no

employer shall be bound to make, payment for more than thirteen weeks’ absence from work through illness in any one year. (f) Part-time employees accrue sick leave on a proportional basis.

7.2.2 Employee must give notice The payment of sick leave is subject to the employee promptly advising their employer of their absence and its expected duration. 7.2.3 Evidence supporting a claim When the employee’s absence is for more than 2 days the employee is required to give the employer a doctor’s certificate about the nature and approximate duration of the illness or other evidence to the employer’s satisfaction. 7.2.4 Accumulated sick leave An employee’s accumulated sick leave entitlements are preserved when:

(a) The employee is absent from work on unpaid leave granted by their employer; (b) The employer or employee terminates the employee’s employment and the employee is re-employed within 3 months; (c) The employee’s employment is terminated because of illness or injury and the employee is re-employed by the same employer without

having been employed in the interim. The employee accumulates sick leave entitlements whilst absent from work on paid leave granted by the employer. 7.2.5 Workers’ compensation Where an employee is in receipt of workers’ compensation, the employee is not entitled to payment of sick leave. 7.3 Bereavement leave 7.3.1 Full-time and part-time employees Full-time and part-time employees shall, on the death of a member of their immediate family or household in Australia, be entitled to paid bereavement leave up to and including the day of the funeral of such person. Such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in 2 ordinary days of work. Proof of such death is to be furnished by the employee to the satisfaction of the employer. 7.3.2 Long-term casual employees




(a) A spouse (including a former spouse, a de facto spouse and a former de facto spouse, spouse of the same sex) of the employee; and (b) A child or an adult child (including an adopted child, a foster child, an ex-foster child, a stepchild or an ex-nuptial child), parent, grandparent,

grandchild or sibling of the employee or spouse of the employee. 7.3.4 Unpaid leave An employee, with the consent of the employer, may apply for unpaid leave when a member of the employee’s immediate family or household in Australia dies and the period of bereavement leave entitlement provided above is insufficient.

1820 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 7.4 Family leave The provisions of the Family Leave Award apply to and are deemed to form part of this Award. 7.4.1 It is to be noted that:



(a) Maternity leave (b) Parental leave

(c) Adoption leave (d) Special responsibility leave for the care and support of the employee’s immediate family or household.

7.5 Long service leave All employees covered by this Award are entitled to long service leave on full pay under, subject to, and in accordance with, the provisions of Chapter 2, Part 3, sections 42-58 of the Act as amended from time to time. 7.6 Public holidays 7.6.1 Any full-time or part-time employee who would ordinarily be required to work on a day on which a public holiday falls is entitled to full pay for

the time the employee would ordinarily have been required to perform work on that day. 7.6.2 All work done by any employee on:

– the 1st January; – the 26th January; – Good Friday; – Easter Saturday (the day after Good Friday); – Easter Monday; – the 25th April (Anzac Day); – The Birthday of the Sovereign; – Christmas Day; – Boxing Day; or – any day appointed under the Holidays Act 1983, to be kept in place of any such holiday

will be paid for at the rate of double time and a-half with a minimum of 4 hours.

7.6.3 Labour Day All employees covered by this Award shall be entitled to be paid a full day’s wage for Labour Day (the first Monday in May or other day appointed under the Holidays Act 1983, to be kept in place of that holiday) irrespective of the fact that no work may be performed on such day, and if any employee concerned actually works on Labour Day, such employee shall be paid a full day’s wage for that day and in addition a payment for the time actually worked by the employee at one and a-half times the ordinary rates prescribed for such work with a minimum of 4 hours. 7.6.4 Annual show All work done by employees in a district specified from time to time by the Minister by notification published in the Industrial Gazette on the day appointed under the Holidays Act 1983, to be kept as a holiday in relation to the annual agricultural, horticultural and/or industrial show held at the principal city or town, as specified in such notification, of such district shall be paid for at the rate of double time and a-half with a minimum of 4 hours. No employee shall be entitled to receive more than one day per year as Show Day. 7.6.5 Double time and a-half For the purposes of this provision, where the rate of wages is a weekly rate, “double time and a-half” shall mean one and one-half day’s wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day. 7.6.6 Extra payment for work on tugs on holidays In the case of tugs, for work done on the holidays mentioned in clause 7.2, overtime at the prescribed rates shall be paid with a minimum payment as for 5 hours. The hours so worked and paid for shall be separate, apart from, and have no bearing on, or relation to, the ordinary working hours of the week in which such holiday or holidays occur. PART 8 – TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK NOTE: No provisions inserted in this Award relevant to this Part. PART 9 – TRAINING AND RELATED MATTERS 9.1 Training 9.1.1 The parties to this award recognise that in order to increase the efficiency and productivity of the enterprise and also the national and international

competitiveness of the industries covered by this award, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:





(c) removing barriers to the use of skills acquired. PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES NOTE: No provisions inserted in this Award relevant to this Part. PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Preamble Clauses 11.1 and 11.2 replicate legislative provisions contained within the Act. In order to ensure the currency of existing legal requirements parties are advised to refer to sections 366, 372 and 373 of the Act as amended from time to time. 11.1 Right of entry 11.1.1 Authorised industrial officer

(a) An “Authorised industrial officer” is any Union official holding a current authority issued by the Industrial Registrar. (b) Right of entry is limited to workplaces where the work performed falls within the registered coverage of the Union.

11.1.2 Entry procedure


(i) the authorised industrial officer alerts the employer or other person in charge of the workplace to their presence; and (ii) shows their authorisation upon request.


(c) A person must not obstruct or hinder any authorised industrial officer exercising their right of entry. (d) If the authorised industrial officer intentionally disregards a condition of clause 11.1.2 the authorised industrial officer may be treated as a


(a) An authorised industrial officer is entitled to inspect the time and wages record required to be kept under section 366 of the Act. (b) An authorised industrial officer is entitled to inspect such time and wages records of any former or current employee except if the employee:

(i) is ineligible to become a member of the Union; or (ii) is a party to a QWA or ancillary document, unless the employee has given written consent for the records to be inspected; or (iii) has made a written request to the employer that the employee does not want that employee’s record inspected.

(c) The authorised industrial officer may make a copy of the record, but cannot require any help from the employer. (d) A person must not coerce an employee or prospective employee into consenting, or refusing to consent, to the inspection of their records by

an authorised industrial officer. 11.1.4 Discussions with employees An authorised industrial officer is entitled to discuss with the employer, or a member or employee eligible to become a member of the Union:

(a) matters under the Act during working or non-working time; and (b) any other matter with a member or employee eligible to become a member of the Union, during non-working time.

11.1.5 Conduct An authorised industrial officer must not unreasonably interfere with the performance of work in exercising a right of entry. 11.2 Time and wages record 11.2.1 An employer must keep, at the place of work in Queensland, a time and wages record that contains the following particulars for each pay period


(a) the employee’s award classification; (b) the employer’s full name; (c) the name of the award under which the employee is working;



(e) a weekly, daily or hourly wage rate – details of the wage rate for each week, day, or hour at which the employee is paid; (f) the gross and net wages paid to the employee; (g) details of any deductions made from the wages; and (h) contributions made by the employer to a superannuation fund.


(a) the employee’s full name and address; (b) the employee’s date of birth; (c) details of sick leave credited or approved, and sick leave payments to the employee; (d) the date when the employee became an employee of the employer; (e) if appropriate, the date when the employee ceased employment with the employer; and (f) if a casual employee’s entitlement to long service leave is worked out under section 47 of the Act – the total hours, other than overtime,

worked by the employee since the start of the period to which the entitlement relates, worked out to and including 30 June in each year. 11.2.3 The employer must keep the record for 6 years. 11.2.4 Such records shall be open to inspection during the employer’s business hours by an inspector of the Department of Industrial Relations, in

accordance with section 371 of the Act or an authorised industrial officer in accordance with sections 372 and 373 of the Act. 11.3 Union encouragement Clause 11.3 gives effect to section 110 of the Act in its entirety. Consistent with section 110 a Full Bench of the Commission has issued a Statement of Policy on Union Encouragement (reported 165 QGIG 221) that encourages an employee to join and maintain financial membership of the Union. 11.3.1 Documentation to be provided by employer At the point of engagement, an employer to whom this Award applies shall provide employees with a document indicating that a Statement of Policy on Union Encouragement has been issued by the Commission, a copy of which is to be kept on the premises of the employer in a place readily accessible by each employee. The document provided by the employer shall also identify the existence of a union encouragement clause in this Award. 11.3.2 Union delegates Union delegates and job representatives have a role to play within a workplace. The existence of accredited Union delegates and/or job representatives is encouraged. The employer shall not unnecessarily hinder accredited Union delegates and/or job representatives in the reasonable and responsible performance of their duties. 11.3.3 Deduction of union fees Where arrangements can be entered into, employers are encouraged to provide facilities for the deduction and remittance of Union fees for employees who signify in writing to their employer, their desire to have such membership fees deducted from their wages. Dated 13 March 2003. By the Commission, [L.S.] E. EWALD, Industrial Registrar.


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SOAP AND WASHING SODA CRYSTAL MANUFACTURERS’ AWARD – SOUTHERN DIVISION (EASTERN DISTRICT)

(No. AR24 of 2002)





SOAP AND WASHING SODA CRYSTAL MANUFACTURERS’ AWARD – SOUTHERN DIVISION (EASTERN DISTRICT) 2003

PART 1 – APPLICATION AND OPERATION 1.1 Title This Award is known as the Soap And Washing Soda Crystal Manufacturers’ Award – Southern Division (Eastern District) 2003. 1.2 Arrangement Subject Matter Clause No. PART 1 – APPLICATION AND OPERATION Title .............................................................................................................................................................................................................................. 1.1 Arrangement................................................................................................................................................................................................................. 1.2 Operation...................................................................................................................................................................................................................... 1.3 Coverage ...................................................................................................................................................................................................................... 1.4 Definitions.................................................................................................................................................................................................................... 1.5 Area of operation ......................................................................................................................................................................................................... 1.6 Parties bound................................................................................................................................................................................................................ 1.7 PART 2 - FLEXIBILITY Enterprise flexibility .................................................................................................................................................................................................... 2.1 PART 3 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION Grievance and dispute settling procedure.................................................................................................................................................................... 3.1 PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Contract of employment .............................................................................................................................................................................................. 4.1 Mixed functions ........................................................................................................................................................................................................... 4.2 Employment categories................................................................................................................................................................................................ 4.3 Part-time employment ................................................................................................................................................................................................. 4.4 Casual employment...................................................................................................................................................................................................... 4.5 Incidental or peripheral tasks....................................................................................................................................................................................... 4.6 Trainees ........................................................................................................................................................................................................................ 4.7 Anti-discrimination ...................................................................................................................................................................................................... 4.8 Termination of employment ........................................................................................................................................................................................ 4.9 Introduction of changes.............................................................................................................................................................................................. 4.10 Redundancy................................................................................................................................................................................................................ 4.11 Continuity of service – transfer of calling ................................................................................................................................................................. 4.12 PART 5 – WAGES AND WAGE RELATED MATTERS Definition of classifications ........................................................................................................................................................................................ 5.1 Wage rates.................................................................................................................................................................................................................... 5.2 Payment of wages ........................................................................................................................................................................................................ 5.3 Allowances................................................................................................................................................................................................................... 5.4 Superannuation............................................................................................................................................................................................................. 5.5 PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK Hours of work .............................................................................................................................................................................................................. 6.1 Overtime....................................................................................................................................................................................................................... 6.2 Rest pauses ................................................................................................................................................................................................................... 6.3 Meal breaks .................................................................................................................................................................................................................. 6.4 Saturday and Sunday work .......................................................................................................................................................................................... 6.5 PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Annual leave ................................................................................................................................................................................................................ 7.1 Sick leave ..................................................................................................................................................................................................................... 7.2 Bereavement leave ....................................................................................................................................................................................................... 7.3 Long service leave ....................................................................................................................................................................................................... 7.4 Family leave................................................................................................................................................................................................................. 7.5 Public holidays............................................................................................................................................................................................................. 7.6 Trade union training leave ........................................................................................................................................................................................... 7.7 PART 8 – TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK No provisions inserted in this Award relevant to this Part. PART 9 – TRAINING AND RELATED MATTERS Training ........................................................................................................................................................................................................................ 9.1

1824 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 Subject Matter Clause No. PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES Amenities ................................................................................................................................................................................................................... 10.1 Clothing, equipment and tools ................................................................................................................................................................................... 10.2 Occupational health and safety .................................................................................................................................................................................. 10.3 PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Right of entry ............................................................................................................................................................................................................. 11.1 Time and wage records .............................................................................................................................................................................................. 11.2 Union encouragement ................................................................................................................................................................................................ 11.3 1.3 Operation This Award takes effect from 12 May 2003. 1.4 Coverage This Award applies to all employees engaged in the manufacturing, preparing and handling of soap and washing soda crystals. 1.5 Definitions 1.5.1 The “Act” means the Industrial Relations Act 1999 as amended or replaced from time to time. 1.5.2 “Casual Hand” means any person engaged for less than one week. 1.5.3 “Commission” means the Queensland Industrial Relations Commission. 1.5.4 “Junior” means any employee under 21 years of age. 1.5.5 “Leading Hand” means an employee who has the supervision or direction of any other employees. 1.5.6 “Senior” means any employee 21 years of age or over. 1.5.7 “Union” means the National Union of Workers Industrial Union of Employees Queensland. 1.6 Area of operation This Award shall operate in the Eastern District of the Southern Division of the State of Queensland, that is, the area comprising that portion of the State along or east of a line commencing at the junction of the southern border of the State with 150 degrees of east longitude; then by that meridian of longitude due north to 25 degrees of south latitude; then by that parallel of latitude due west to 147 degrees of east longitude; then by that meridian of longitude due north to 22 degrees south latitude and then by that parallel of latitude due east to the seacoast. 1.7 Parties bound This award is legally binding upon the employees as prescribed by clause 1.4 and their employers, and the Union and its members. PART 2 - FLEXIBILITY 2.1 Enterprise flexibility 2.1.1 As part of a process of improvement in productivity and efficiency, discussion should take place at each enterprise to provide more flexible












3.1.4 If the grievance or dispute is still unresolved after discussions listed in clause 3.1.2, the matter shall, in the case of a member of the Union, be reported to the relevant officer of the Union and the Senior management of the employer or the employer’s nominated industrial representative. An employee who is not a member of the Union may report the grievance or dispute to Senior management or the employee’s nominated industrial representative. This should occur as soon as it is evident that discussions under clause 3.1.2 will not result in resolution of the dispute.


genuinely attempted to achieve a settlement, then notification of the existence of the dispute is to be given in accordance with the provisions of the Act.

3.1.6 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue. 3.1.7 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. 3.1.8 All parties shall give due consideration to matters raised or any suggestion or recommendation made by the Commission with a view to the

prompt settlement of the dispute. 3.1.9 Any Order or Decision of the Commission (subject to the parties right of appeal under the Act) will be final and binding on all parties to the



PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 4.1 Contract of employment 4.1.1 To become entitled to payment of a weekly wage, an employee must perform such work as the employer shall from time to time require on the

days and during the hours usually worked by the class of employee affected and in accordance with the terms of this Award. 4.2 Mixed functions An employee who is required to perform on any day work for which a higher rate of pay is prescribed shall be paid as follows:

(a) If more than 4 hours on any day the higher rate for the whole of such day.

(b) If 4 hours or less then payment of the higher rate for 4 hours. 4.3 Employment categories 4.3.1 Employees covered by this Award shall be advised in writing of their employment category upon appointment. 4.3.2 Employment categories are:

(a) full-time;


(c) casual (as prescribed in clause 4.5). 4.4 Part-time employment Part-time employees may be engaged on the following terms: 4.4.1 A part-time employee is an employee who:

(a) is employed for not less than 16 ordinary hours per week and for not more than 32 ordinary hours per week;

(b) is rostered for a minimum of 4 consecutive hours on any day; and

(c) is rostered to work hours on days in accordance with the Award provisions for full-time employees. 4.4.2 At the time of engagement the employer and the part-time employee will agree in writing the number of ordinary hours to be worked each week. 4.4.3 Any agreed amendment to the number of ordinary weekly hours worked will be recorded in writing. 4.4.4 Such roster shall show the starting and ceasing times and the days upon which an employee is engaged to work as well as the number of hours to

be worked each week to suit the exigencies of the establishment:

Provided that part-time employee’s will be entitled to predictability and regularity of hours in their employment. 4.4.5 All time worked outside of the ordinary daily and weekly hours specified in the employee’s roster will be overtime and paid for at the rates

prescribed in clause 6.2 – Overtime. 4.4.6 A part-time employee employed under the provisions of clause 4.4 must be paid for ordinary hours worked at the rate of 1/40th of the weekly rate

prescribed for the class of work performed. 4.4.7 A part-time employee will receive, on a pro rata basis, equivalent pay and conditions to those of full-time employees.

1826 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 4.5 Casual Employees 4.5.1 Casual employees shall be paid 23% per hour in addition to the rate provided for the particular classification. 4.5.2 The minimum period of engagement for casual employees shall be 2 hours. 4.6 Incidental or peripheral tasks 4.6.1 An employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent

with the classification structure of this Award, provided that such duties are not designed to promote deskilling. 4.6.2 An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee

has been properly trained in the use of such tools and equipment. 4.6.3 Any direction issued by an employer pursuant to clause 4.6 shall be consistent with the employer’s responsibilities to provide a safe and healthy

working environment. 4.7 Trainees Trainees are engaged under this Award, except as amended from time to time by the Order for Apprentices’ and Trainees’ Wages and Conditions (Excluding Certain Queensland Government Entities). 4.8 Anti-discrimination 4.8.1 It is the intention of the parties to this Award to prevent and eliminate discrimination as defined by the Anti-Discrimination Act 1991 and the

Industrial Relations Act 1999 which includes:

(a) discrimination on the basis of sex, marital status, family responsibilities, pregnancy, parental status, age, race, impairment, religion, political belief or activity, trade union activity, lawful sexual activity and association with, or relation to, a person identified on the basis of the above attributes;



4.8.2 Accordingly in fulfilling their obligations under the grievance and disputes settling procedure in this Award, the parties to this Award must take



(a) any different treatment (or treatment having different outcomes) which is specifically exempted under the Anti-Discrimination Act 1991; or

(b) an employee, employer or registered organisation, pursuing matters of discrimination, including by application to the Human Rights and Equal Opportunity Commission/Anti-Discrimination Commission Queensland.

4.9 Termination of employment 4.9.1 Statement of employment The employer shall, in the event of termination of employment, provide upon request to the employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee. 4.9.2 Termination by employer



not more than 1 year.................................................................................................. 1 week more than 1 year, but not more than 3 years............................................................. 2 weeks more than 3 years, but not more than 5 years ........................................................... 3 weeks more than 5 years ...................................................................................................... 4 weeks

(b) In addition to the notice in clause 4.9.2(a), employees over 45 years of age at the time of giving of notice and with not less than 2 years


(c) Payment in lieu of notice shall be made if the appropriate notice is not given:

Provided that employment may be terminated by part of the period of notice specified and part payment in lieu.


(e) The period of notice in clause 4.9.2(a) shall not apply in the case of dismissal for misconduct or other grounds that justified instant dismissal, or in the case of casual, or seasonal employees, or to employees on daily hire, or employees engaged for a specific period of time or for a specific task or tasks.

4.9.3 Notice of termination by employee The notice of termination by an employee shall be one week. If an employee fails to give notice the employer shall have the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate for the period of notice.



4.9.4 Notice period The notice periods in clause 4.9.2 and 4.9.3 shall not be continued from week to week, not counted as annual leave and shall not be given until at least one week has been worked. 4.10 Introduction of changes 4.10.1 Employer’s duty to notify


(b) “Significant effects” include termination of employment, major changes in the composition, operation or size of the employer’s workforce or






to in clause 4.10.1.

(c) For the purpose of such discussion, the employer shall provide in writing to the employees concerned and their Union, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees, and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information, the disclosure of which would be inimical to the employer’s interests.

4.11 Redundancy 4.11.1 Discussions before terminations

(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and where relevant, their Union.

(b) The discussions shall take place as soon as it is practicable after the employer has made a definite decision which will invoke clause 4.11.1,

and shall cover inter alia, the reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate the adverse effects of any terminations of the employees concerned.

(c) For the purpose of the discussion the employer shall, as soon as practicable, provide in writing to the employees concerned and their Union,

all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out:

Provided that any employer shall not be required to disclose confidential information, the disclosure of which would be inimical to the employer’s interests.

4.11.2 Transfer to lower paid duties Where an employee is transferred to other duties for reasons set out in clause 4.11.1, the employee shall be entitled to the same period of notice of transfer the employee would have been entitled to if the employee’s employment had been terminated, and the employer may, at the employer’s option, make payment in lieu of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing. 4.11.3 Time off during notice period

(a) Where a decision has been made to terminate an employee in the circumstances outlined in clause 4.11.1, the employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the

employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

4.11.4 Notice to Centrelink Where a decision has been made to terminate employees in the circumstances outlined in clause 4.11.1 the employer shall notify Centrelink as soon as possible giving relevant information including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out. 4.11.5 Severance pay In addition to the period of notice prescribed for ordinary termination in clause 4.9.2, and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in clause 4.11.1 shall be entitled to the following amounts of severance pay:


Period of Continuous Service Severance Pay

1 year or less ............................................................................................................... nil 1 year and up to the completion of 2 years ........................................................4 weeks’ pay 2 years and up to the completion of 3 years .......................................................6 weeks’ pay 3 years and up to the completion of 4 years .......................................................7 weeks’ pay 4 years and over ..................................................................................................8 weeks’ pay

“Weeks’ pay” means the ordinary time rate of pay for the employee concerned. 4.11.6 Superannuation benefits Subject to further order of the Commission where an employee who is terminated receives a benefit from a superannuation scheme, such employee shall only receive under clause 4.11.5 the difference between the severance pay specified in clause 4.11.5 and the amount of the superannuation benefit such employee receives which is attributable to employer contributions only. If this superannuation benefit is greater than the amount due under clause 4.11.5 then the employee shall receive no payment under clause 4.11.5. 4.11.7 Employee leaving during notice An employee whose employment is terminated for reasons set out in clause 4.11.1 may terminate such employment during the period of notice, and, if so, shall be entitled to the same benefits and payments under clause 4.11 had such employee remained with the employer until the expiry of such notice: Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice. 4.11.8 Alternative employment An employer, in a particular case, may make application to the Commission to have the general severance pay prescription amended if the employer obtains acceptable alternative employment for an employee. 4.11.9 Employees with less than one year’s service Clause 4.11 shall not apply to employees with less than one year’s continuous service and the general obligation on employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment. 4.11.10 Employees exempted Clause 4.11 shall not apply:

(a) where employment is terminated as a consequence of misconduct on the part of the employee;

(b) to employees engaged for a specific period of time or for a specified task or tasks; or

(c) to casual employees. 4.11.11 Employers exempted Subject to an order of the Commission, in a particular redundancy case, clause 4.11 shall not apply to employers who employ less than 15 people. 4.11.12 Incapacity to pay An employer in a particular redundancy case may make application to the Commission to have the general severance pay prescription amended on the basis of the employer’s incapacity to pay. 4.12 Continuity of service – transfer of calling In cases where a transfer of calling occurs, continuity of service should be determined in accordance with sections 67-71 of the Act. PART 5 – WAGES AND WAGE RELATED MATTERS 5.1 Definition of classifications Promotional Criteria – An employee shall remain at a particular level until they are capable of effectively performing through assessment of appropriate certification the tasks required of this function so as to enable them to progress to the next level as a position becomes available. 5.1.1 Manufacturing/production worker Level 1 (MP1) An employee at this level undertakes induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, occupational health and safety, equal employment opportunity and quality control/assurance. An employee at this level performs routine duties essentially of a manual nature and to the level of their training. Skills/Duties – A manufacturing/production worker Level 1:

(a) performs routine duties associated with the relevant manufacturing process including labouring and cleaning duties;

(b) exercises minimal judgement;



(c) works under direct supervision in the following functions:

– performs house keeping duties; – assists machine operators; – performs basic test functions; – operates hand operated transport and lifting devices; – operates granulating or reclaiming or crumming or shredding or other similar machinery; – trims/cuts/glues/seals/assembles or wraps finished products; – uses selected hand tools; – maintains simple records.

5.1.2 Manufacturing/production worker Level 2 (MP2) An employee at this level is one who has completed up to 3 months structured training so as to enable the employee to perform work within the scope of this level. An employee at this level performs above and beyond the skills of an employee at MP1 level or has completed an Australian Traineeship System Traineeship. Skills/Duties – A manufacturing/production worker Level 2:

(a) works under direct supervision either individually or in a team environment;

(b) understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviation/faults. Indicative of the tasks which an employee at this level may perform are the following:

– performs repetitive work on automatic, semi-automatic or single purpose machines or equipment; – assembles components using basic written, spoken and/or diagrammatic instructions in an assembly environment; – measures accurately using gauges and records; – maintains records; – operates machinery that requires basic set up skills.

5.1.3 Manufacturing/production worker Level 3 (MP3) An employee at this level performs work above and beyond the skills of an employee at MP2 and to the level of their training for this level including appropriate certification. Skills/Duties – A manufacturing/production worker Level 3:

(a) is responsible for the quality of own work subject to detailed direction;

(b) works in a team environment and/or under routine supervision;

(c) undertakes duties in a safe and responsible manner;

(d) exercises discretion within the employee’s level of skills and training;

(e) possesses basic interpersonal and communication skills.

Indicative of the tasks which an employee at this level may perform are the following:

– operates with flexibility between assembly/process stations; – operates machinery and equipment requiring the exercise of skills knowledge and discretion beyond that of an employee at level MP2; – basic tracing and sketching skills; – receives, despatches, distributes, sorts, checks, packs (other than repetitive packing in a standard container or containers in which such are

ordinarily sold), documents and records details relating to goods, materials and components; – basic inventory control in the context of a production process; – basic keyboard skills; – operation of mobile equipment including forklifts, hand trolleys, pallet trucks and overhead cranes; – measures accurately using gauges and meters; – maintains records; – operates mixing and milling machines or similar machinery requiring set-up skills.

5.1.4 Manufacturing/production worker Level 4 (MP4) An employee at this level performs work above and beyond the skills of an employee at MP3 level and to the level of their training for this level including appropriate certification. Skills/Duties – A manufacturing/production worker Level 4:

(a) is able to understand detailed instructions and work from procedures;

(b) is able to co-ordinate work in a team environment under limited supervision;

(c) is responsible for quality of own work;

(d) possesses sound interpersonal and communication skills;

(e) operates a forklift as a primary responsibility. 5.1.5 Manufacturing/production worker Level 5 (MP5) An employee at this level performs work above and beyond the skills of an employee at MP4 level and to the level of the employee’s training for this level including appropriate certification.

1830 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 Skills/Duties – A manufacturing/production worker Level 5:

(a) understands and is responsible for quality control standards;

(b) possesses an advanced level of interpersonal and communication skills;

(c) possesses competent keyboard skills;

(d) has a sound working knowledge of production/manufacturing duties performed at levels below this grade, exercises discretion within scope of this grade;

(e) may perform work requiring minimal supervision either individually or in a team environment.

5.1.6 Manufacturing/production worker Level 6 (MP6) A manufacturing/production worker Level 6 works above and beyond an employee at MP5 level and to the level of their training, applies the skills acquired through the successful completion of a qualification in the production, distribution, or stores functions according to the needs of the enterprises. Skills/Duties – A manufacturing/production worker Level 6:

(a) implements quality control techniques and procedures;

(b) understands and is responsible for a production area or a large section of a production area;

(c) possesses highly developed level of interpersonal and communication skills;

(d) possesses the ability to supervise and provide direction and guidance to other employees including the ability assist in the provision of on-the-job training and induction;

(e) exercises discretion within the scope of this grade;

(f) exercises skills attained through the successful completion of an appropriate certification;

(g) possesses a sound knowledge of the employer’s operations.

5.2 Wage rates 5.2.1 Seniors The minimum rates of wages payable to the following classes of employees shall be:

Classification Level Relativity Award Rate % Per Week Note 1 $

Manf/Prod 1 (MP1) 78 457.10 Manf/Prod 2 (MP2) 82 469.50 Manf/Prod 3 (MP3) 87.4 479.90 Manf/Prod 4 (MP4) 92.4 491.50 Manf/Prod 5 (MP5) 96 506.50 Manf/Prod 6 (MP6) 100 525.20

Provided however, that in relation to Campbells Brothers Limited the above rates include Leading Hand, tallow, crimping machine, caustic, handwrapping or cartoning of soap, sulphuric and forklift allowances.] * Manf/prod 1, Manf/prod 2 and Manf/prod 3 have excess payments of $25.70, $21.40 and $9.30 respectively. ** ‘Excess Payment’ shall not have any subsequent percentage based wage increase applied to it. Such ‘Excess Payment’ shall be paid to all existing and future employees and is to be paid for all purposes of the Award. NOTE 1: The percentage relativities column relates to percentages applying before the application of the $8.00 arbitrated safety net adjustment made in accordance with the February 1994 Review of Wage Fixing Principles. The percentage relativities are based on a base rate and supplementary payment totaling $417.20 per week. The percentage relativities column should also be applied by excluding amounts shown in the ‘Excess Payment’ column in any calculations of relativities. The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2002 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the President.] This arbitrated wage adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this Award which are above the wage rates prescribed in the Award. Such payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Cases or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments. 5.2.2 Wages – Juniors The minimum rates of wages payable to Juniors shall be calculated as follows: Percentage of minimum adult rate %

Under 16 years of age..................................................................................................................45 16 years and under 17..................................................................................................................50



17 years and under 18..................................................................................................................55 18 years and under 19..................................................................................................................65 19 years and under 20..................................................................................................................75 20 years and under 21..................................................................................................................85

Junior rates shall be calculated in multiples of 10 cents with any result of 5 cents or more being taken to the next highest 10 cent multiple. 5.3 Payment of wages All wages, including overtime, shall be paid weekly, except in the case of Casual Hands, who shall be paid within 30 minutes of their services being dispensed with. Weekly hands shall be paid on Fridays in each week; wages to be paid up to and including the previous working day. 5.4 Allowances 5.4.1 Meal allowance When an employee is called upon to work overtime for more than one hour after the ordinary ceasing time, the employee shall be paid by the employer the sum of $7.50 meal money in addition to overtime payment for the time worked. 5.4.2 First aid allowance Where an employer appoints an employee who holds the appropriate first aid certificate that employee shall be paid an additional $9.30 per week. 5.4.3 Carrying allowance Employees engaged in carrying packages over 55 kgs. in weight without mechanical contrivances, or carrying goods over 50 kgs. in weight on a plank or handling cement in bags, shall be paid 24.9c per hour while so doing, with a minimum payment of 49.8c. 5.5 Superannuation 5.5.1 Application In addition to the rates of pay prescribed by this Award, eligible employees, as defined, shall be entitled to occupational superannuation benefits, subject to the provisions of clause 5.5. 5.5.2 Contributions

(a) Amount – Every employer shall contribute on behalf of each eligible employee (as defined in clause 5.5.3(b)) as from 10 April 1990 an amount calculated at 3% of the employee’s ordinary time earnings, into an Approved Fund as defined in clause 5.5.3(a). Each such payment of contributions shall be rounded off to the nearest 10 cents.

(b) Regular payment – The employer shall pay such contributions to the credit of each such employee at least once each calendar month or in

accordance with the requirements of the Approved Fund Trust Deed.

(c) Minimum level of earnings – No employer shall be required to pay superannuation contributions on behalf of any eligible employee whether full-time, part-time, casual, adult or Junior in respect of any week during which the employees’ ordinary time earnings, as defined, do not exceed 35% of $309:00 (or such other sum as is determined from time to time in proceedings relating to the state wage or safety net adjustments).

(d) Absences from work – Contributions shall continue to be paid on behalf of an eligible employee during any absence on paid leave such as

annual leave, long service leave, public holidays, sick leave and bereavement leave, but no employer shall be required to pay superannuation contributions on behalf of any eligible employee during any unpaid absences except in the case of absence on workers’ compensation. In the case of workers’ compensation, the employer shall contribute in accordance with clause 5.5.2(a) whenever the employee is receiving by way of workers’ compensation, an amount of money no less than the Award rate of pay.

(e) Other contributions – Nothing in clause 5.5 shall preclude an employee from making contributions to a Fund in accordance with clause 5.5.

(f) Cessation of contributions – An employer shall not be required to make any further contributions on behalf on an eligible employee for any

period after the end of the ordinary working day upon which the contract of employment ceases to exist.

(g) No other deductions – No additional amounts shall be paid by the employer for the establishment, administration, management or any other charges in connection with the Fund other than the remission of contributions as prescribed herein.

5.5.3 Definitions

(a) “Approved fund” means a Fund approved for the purposes of this Award by the Industrial Relations Commission as one to which occupational superannuation contributions may be made by an employer on behalf of an employee, as required by this Award. Such approved Fund may be individually named or may be identified by naming a particular class or category.

(b) “Eligible Employee” means any employee who has been employed by the employer during 5 consecutive weeks and who has worked a

minimum of 50 hours during that period. After completion of the above qualifying period, superannuation contributions shall then be made in accordance with clause 5.5.2 effective from the commencement of that qualifying period.

(c) “Fund” means a superannuation fund as defined in the Occupational Superannuation Standards Act 1987 and satisfying the superannuation

fund conditions in relation to a year of income, as specified in that Act and complying with the operating standards as prescribed by Regulations made under that Act. In the case of a newly established Fund, the term shall include a superannuation fund that has received a notice of preliminary listing from the Insurance and Superannuation Commissioner.

(d) “Ordinary time earnings” means the actual ordinary rate of pay the employee receives for ordinary hours of work including shift loading, skill

allowances and supervisory allowances where applicable. The term includes any overaward payment as well as casual rates received for ordinary hours of work. Ordinary time earnings shall not include overtime, disability allowances, commission, bonuses, lump sum payments made as a consequence of the termination of employment, annual leave loading, penalty rates for public holiday work, fares and travelling time allowances or any other extraneous payments of a like nature.

1832 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 5.5.4 For the purposes of this award, an approved fund shall be:

(a) The Labour Union Co-Operative Retirement Fund – L.U.C.R.F.

(b) Sunsuper

(c) Any named Fund as is agreed to between the relevant employer/Union(s) parties to this Award and as recorded in an approved Industrial Agreement.

(d) In the case of a minority group of employees of a particular employer, any industry, multi-industry or other Fund which has been approved in

an award or an agreement approved by an Industrial Tribunal whether State or Federal jurisdiction and already had practical application to the majority of award employees of that employer.

(e) As to employees who belong to the religious fellowship known as the Brethren, who hold a Certificate issued pursuant to section 115 of the

Act and are employed by an employer who also belongs to that fellowship any Fund nominated by the employer and approved by the Brethren.

(f) Any Fund agreed between an employer and an employee who holds a Certificate issued pursuant to section 115 of the Act where membership

of a Fund cited in this Award would be in conflict with the conscientious beliefs of that employee in terms of section 115 of the Act.

(g) In relation to any particular employer, any other established Fund to which that employer was already actually making regular and genuine contributions in accordance with clause 5.5.2 on behalf of at least a significant number of that employer’s employees covered by this Award as at 29 September 1989 and continues to make such contribution.

(h) The employer and employee may agree to have the employee’s superannuation contributions made to an approved superannuation fund, other


(i) Any such agreement must be recorded in writing and signed by the employer and employee and kept on the employee’s file.

(ii) A person must not coerce someone else to make an agreement.

(iii) Such agreement, where made, will continue until such time as the employer and employee agree otherwise, and shall be made available to relevant persons for the purposes of sections 371 and 373 (time and wage records) of the Act.

(iv) Any dispute arising out of this process will be handled in accordance with clause 3.1.

5.5.5 Challenge of a fund

(a) An eligible employee being a member or a potential member of a Fund, as well as an industrial Union whose registered list of callings incorporates any of the classification(s) of employees to whom this Award applies, may by notification of a dispute challenge a Fund on the grounds that it does not meet the requirements of clause 5.5.

(b) Notwithstanding that the Commission determines that a particular Fund does not meet the requirements of clause 5.5, the Commission may in

its discretion and subject to any recommendation, direction or order it may make, recognise any or all of the contributions previously made to that Fund as having met the requirements of clause 5.5.2 up to and including the date of that determination.

(c) In the event of any dispute over whether any Fund complies with the requirements of clause 5.5, the onus of proof shall rest upon the

employer. 5.5.6 Fund selection

(a) No employer shall be required to make or be prevented from making, at any one time, contributions into more than one Approved Fund. Such Fund, other than a Fund referred to in provisions (d), (e), (f) and (g) of clause 5.5.4, shall be determined by a majority decision of employees.

(b) Employees to whom these provisions apply who are members of an established Fund covered by clause 5.5.4(f) shall have the right by

majority decision to choose to have the contributions specified in clause 5.5.2 paid into a Fund as provided for elsewhere in clause 5.5.4 in lieu of the established Fund to which clause 5.5.4(f) has application.

(c) The initial selection of an Approved Fund recognised in clause 5.5.4 shall not preclude a subsequent decision by the majority of employees in

favour of another Approved Fund recognised under clause 5.5.4 where the long term performance of the Fund is clearly disappointing.

(d) Where this provision has been utilised and as a result another Approved Fund is determined, access to a further re-appraisal of the Fund for the purpose of favouring yet another Fund shall not be available until a period of 3 years has elapsed after that utilisation of this provision.

5.5.7 Enrolment

(a) Each employer to whom clause 5.5 applies shall as soon as practicable as to both current and future eligible employees:

(i) Notify each employee of the employees entitlement to occupational superannuation.

(ii) Consult as may be necessary to facilitate the selection by employees of an appropriate Fund within the meaning of clause 5.5.4.

(iii) Take all reasonable steps to ensure that upon the determination of an appropriate Fund, each eligible employee receives, completes, signs and returns the necessary application forms provided by the employer, to enable that employee to become a member of the Fund; and

(iv) Submit all completed application forms and any other relevant material to the trustees of the Fund.

(b) Each employee upon becoming eligible to become a member of a Fund determined in accordance with clause 5.5.7 shall:



(i) complete and sign the necessary application forms to enable that employee to become a member of that Fund; and

(ii) return such forms to the employer within 28 days of receipt in order to be entitled to the benefit of the contributions prescribed in clause 5.5.2.

(c) Where an employer has complied with the requirements of clause 5.5.7(a) and an eligible employee fails to complete, sign and return the

application form within 28 days of the receipt by the employee of that form, then that employer shall:

(i) Advise an eligible employee in writing of the non-receipt of the application form and further advise the eligible employee that continuing failure to complete, sign and return such form within 14 days could jeopardise the employee’s entitlement to the occupational superannuation benefit prescribed by clause 5.5.

(ii) In the event that an eligible employee fails to complete, sign and return such application form within the specified period of 14 days,

be under no obligation to make any occupational superannuation contributions in respect of such eligible employee excepting as from any subsequent date from which completed and signed application form is received by the employer.

(iii) In the event that an eligible employee fails to return a completed and signed application form within a period of 6 months from the date

of the original request by the employer, again advise that eligible employee in writing of the entitlement and that the receipt by the employer of a completed and signed application form is a pre-requisite to the payment of any occupational superannuation contributions.

(iv) At the same time as advising the eligible employee pursuant to clause 5.5.7(c)(iii) submit both to the Chief Industrial Inspector,

Brisbane and to the secretary of the Union a copy of each letter forwarded by the employer to the eligible employee pursuant to clauses 5.5.7(c)(i) and 5.5.7(c)(iii).

(d) Where an employer fails to provide an eligible employee with an application form in accordance with clause 5.5.7(a)(iii) the employer shall

be obliged to make contributions as from the date of operation of clause 5.5 or from the date an employee became an “eligible employee” if that occurs thereafter provided that an eligible employee completes, signs and returns to the employer an application form within 28 days of being provided with the application form by the employer. Where an eligible employee fails to complete, sign and return an application form within such period of 28 days the provisions of clause 5.5.7(c) shall apply.

5.5.8 Unpaid contributions Subject to section 393 of the Act and to clause 5.5.5, where the discretion of the Commission has been exercised, should it be established that the employer has failed to comply with the requirements of clause 5.5.2 in respect of any eligible employee such employer shall be liable to make the appropriate contributions retrospectively to the date of eligibility of the employee, plus an amount equivalent to the rate of return those contributions would have attracted in the relevant Approved Fund, or as necessary a Fund to be determined by the Commission under clause 5.5.4, had they been paid on the due dates. The making of such contributions satisfies the requirements of clause 5.5.8 excepting that resort to this provision shall not limit any common law action which may be available in relation to death, disablement or any similar cover existing within the terms of a relevant Fund. 5.5.9 Exemptions

(a) An employer may apply to the Commission for exemption from all or any of the provisions of clause 5.5 in the following circumstances:

(i) Incapacity to pay the costs associated with its implementation; or

(ii) Any special or compelling circumstances peculiar to the business of the employer.

(b) Clause 5.5 shall not apply to employees of the State of Queensland where the Government Officers Superannuation Scheme (Gosuper) is mandatory for eligible employees of the State of Queensland and other instrumentalities in accordance with the Superannuation (Government and other Employees) Act 1988.

PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK 6.1 Hours of work The ordinary weekly working hours shall not exceed 40 in any one week or 8 on any one day, and, subject to any agreement between the Union and the employer, shall be worked between the hours of 6.30 a.m. and 5 p.m. on Monday, Tuesdays, Wednesdays, Thursdays and Fridays. 6.2 Overtime 6.2.1 All time worked outside or in excess of the hours prescribed by clause 6.1 shall be deemed overtime and shall be paid for at the rate of time and a-

half for the first 3 hours on any one day and thereafter at the rate of double time:

Provided that all overtime worked between midnight and the ordinary starting time shall be paid for at the rate of double time. Clause 6.2.1 shall not apply where overtime commences within 2 hours of the ordinary starting time.

6.2.2 All overtime worked by shift workers shall be paid for at the rate of double time. 6.2.3 All time worked on Sundays or in excess of 3 hours on Saturdays shall be paid for at the rate of double time. 6.2.4 Employees called upon to perform overtime work on Saturdays/Sundays under the provisions of this Award shall be paid the prescribed overtime

rates with a minimum of 2 hours for each time they are so called to work. 6.2.5 When an employee is called upon to work overtime for more than one hour after the ordinary ceasing time, the employee shall be paid by the

employer the sum of $7.50 meal money in addition to overtime payment for the time worked. 6.2.6 Except where mutually agreed otherwise, when overtime is worked for more than one hour after the usual ceasing time, not less than one half-

hour shall be allowed for a meal and this shall be the first half-hour after the usual ceasing time.

1834 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 6.2.7 When an employee is required to work overtime exceeding one hour after the usual ceasing time and works through the meal break the employee

shall be paid double the appropriate rate for such meal break and such rate shall continue until such meal break is allowed. 6.2.8 Rest period after overtime An employee who works so much overtime between the termination of the ordinary work on one day and the commencement of the employee’s ordinary work on the next day that the employee has not at least 10 executive hours off duty between those times shall, subject to clause 6.2.8 be released after completion of such overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instruction of the employer such an employee resumes or continues work without having had such 10 consecutive hours off duty, then the employee shall be paid double rates until released from duty for such period and shall then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

Provided that, where an employee is recalled to work after the ordinary ceasing time, overtime worked in such circumstances shall not be regarded as overtime for the purposes of clause 6.2.8 where the actual time worked is less than 3 hours on such recall or on each of such recalls. Clause 6.2.8 shall apply in the case of shift workers who rotate from one shift to another as if 8 hours were substituted for 10 hours when overtime is worked:

(a) for the purpose of changing shift rosters; or

(b) where a shift worker does not report for duty; or

(c) where a shift is worked by arrangement between the employees themselves. 6.3 Rest Pauses Every employee covered by this Award shall be entitled to a rest pause of 10 minutes’ duration in the employer’s time in the first and second half of the employee’s daily work. Such rest pauses shall be taken at such times as will not interfere with continuity of work where continuity is necessary. 6.4 Meal breaks 6.4.1 A 40 minute meal break shall be taken between the hours of 12 noon and 2 p.m. as may be arranged between any employer and the employees. 6.4.2 Meal hours when worked shall be paid for at double the appropriate rate and such rate shall be continued until a break for a meal is made. 6.5 Saturday and Sunday work 6.5.1 All time worked on Sundays or in excess of 3 hours on Saturdays shall be paid for at the rate of double time. 6.5.2 Employees called upon to perform overtime work on Saturdays/Sundays under the provisions of this Award shall be paid the prescribed overtime

rates with a minimum of 2 hours for each time they are so called to work. PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 7.1 Annual leave 7.1.1 Every employee (other than a casual employee) covered by this Award shall at the end of each year of their employment be entitled to annual

leave on full pay as follows:

(a) Not less than 5 weeks if employed on shift work where 3 shifts per day are worked over a period of 7 days per week; and

(b) Not less than 4 weeks in any other case. 7.1.2 Such annual leave shall be exclusive of any public holiday which may occur during the period of that annual leave and (subject to clause 7.1.6)


(a) In the case of any and every employee in receipt immediately prior to that leave of ordinary pay at a rate in excess of the ordinary rate payable under this Award, at that excess rate; and

(b) In every other case, at the ordinary rate payable to the employee concerned immediately prior to that leave under this Award.

7.1.3 If the employment of any employee is terminated at the expiration of a full year of employment, the employer shall be deemed to have given the

leave to the employee from the date of the termination of the employment and shall forthwith pay to the employee in addition to all other amounts due to them, their pay, calculated in accordance with clause 7.1.6, for 4 or 5 weeks as the case may be and also their ordinary pay for any public holiday occurring during such period of 4 or 5 weeks.


all other amounts due, an amount equal to 1/9th of their pay for the period of their employment if they are an employee to whom clause 7.1.1(a) applies, and 1/12th of their pay for the period of their employment if they are an employee to whom clause 7.1.1(b) applies, calculated in accordance with clause 7.1.6.

7.1.5 Unless the employee shall otherwise agree, the employer shall give the employee at least 14 days’ notice of the date from which such employee’s

annual leave shall be taken. 7.1.6 Calculation of annual leave pay In respect to annual leave entitlements to which clause 7.1 applies, annual leave pay (including any proportionate payments) shall be calculated as follows:

(a) Shift workers – Subject to clause 7.1.6(c), the rate of wage to be paid to a shift worker shall be the rate payable for work in ordinary time according to the employee’s roster or projected roster, including Saturday, Sunday or holiday shifts.

(b) Leading hands, etc. – Subject to clause 7.1.6(c), Leading hand allowances and amounts of a like nature otherwise payable for ordinary time

worked shall be included in the wages to be paid to employees during annual leave.



(c) All employees – Subject to the provisions of clause 7.1.6(d), in no case shall the payment by an employer to an employee be less than the sum of the following amounts:

(i) The employee’s ordinary wage rate as prescribed by this Award for the period of the annual leave (excluding shift premiums and

weekend penalty rates);

(ii) Leading Hand allowance or amounts of a like nature;

(iii) A further amount calculated at the rate of 17 1/2 percent of the amounts referred to in clauses 7.1.6(c)(i) and 7.1.6(c)(ii).

(d) Clause 7.1.6(c) does not apply to:

(i) any period or periods of annual leave exceeding:

– 5 weeks in the case of employees employed in a calling where 3 shifts per day are worked over a period of 7 days per week;

– 4 weeks in any other case; and

(ii) employers (and their employees) who are already paying (or receiving) an annual leave bonus, loading or other annual leave payment which is not less favourable to employees.

7.2 Sick leave 7.2.1 Entitlement

(a) Every employee, except casual and school-based apprentices and trainees, is entitled to 64 hours’ sick leave for each completed year of their employment with their employer.

(b) This entitlement will accrue at the rate of 8 hours’ sick leave after each 6 weeks of employment.

“Day” for an employee who is paid on the basis of the number of hours worked means 1/5th of the ordinary hours the employee worked in a week averaged over each preceding 6 weeks of employment with the employer.

(c) Payment for sick leave will be made based on the ordinary number of hours that would have been worked by the employee if they were not




(f) Part-time employees accrue sick leave on a proportional basis.

7.2.2 Employee must give notice The payment of sick leave is subject to the employee promptly advising their employer of their absence and its expected duration. 7.2.3 Evidence supporting a claim When the employee’s absence is for more than 2 days the employee is required to give their employer a doctor’s certificate or other evidence to the employer’s satisfaction about the nature and approximate duration of the illness. 7.2.4 Accumulated sick leave An employee’s accumulated sick leave entitlements are preserved when:


(b) The employer or employee terminates the employee’s employment and the employee is re-employed within 3 months; or


(d) The employee accumulates sick leave entitlements whilst absent from work on paid leave granted by the employer.

7.2.5 Workers’ Compensation Where an employee is in receipt of workers’ compensation, the employee is not entitled to payment of sick leave. 7.3 Bereavement leave 7.3.1 Full-time and part-time employees shall on the death of a member of their immediate family or household in Australia, be entitled to paid

bereavement leave up to and including the day of the funeral of such person. Such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in 2 ordinary days of work. Proof of such death is to be furnished by the employee to the satisfaction of the employer.

7.3.2 Long-term casual employees



of employment during a period of at least one year immediately before the employee seeks to access an entitlement under clause 7.3.2.

1836 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 7.3.3 “Immediate family” includes:



7.3.4 An employee with the consent of the employer, may apply for unpaid leave when a member of the employee’s immediate family or household in

Australia dies and the period of bereavement leave entitlement provided above is insufficient. 7.4 Long service leave All employees covered by this Award are entitled to long service leave on full pay under, subject to, and in accordance with, the provisions of Chapter 2, Part 3, sections 42-58 of the Act as amended from time to time. 7.5 Family Leave The provisions of the Family Leave Award apply to and are deemed to form part of this Award. 7.5.1 It is to be noted that:



(a) Maternity leave

(b) Parental leave

(c) Adoption leave

(d) Special responsibility leave for the care and support of the employee’s immediate family or household. 7.6 Public holidays 7.6.1 An employee who would ordinarily be required to work on a day on which a public holiday falls is entitled to full pay for the time the employee

would ordinarily have been required to perform work on that day. 7.6.2 Subject to clause 7.6.8 all work done by any employee on:

– the first day of January – the 26th January; – Good Friday; – Easter Saturday (the day after Good Friday); – Easter Monday; – the 25th April (Anzac Day); – the Birthday of the Sovereign; – Christmas Day; – Boxing Day; or – any day appointed under the Holidays Act 1983, to be kept in place of any such holiday

shall be paid for at the rate of double time and a-half with a minimum of 4 hours.

7.6.3 Labour day All employees covered by this Award shall be entitled to be paid a full day’s wage for Labour Day (the first Monday in May or other day appointed under the Holidays Act 1983, to be kept in place of that holiday) irrespective of the fact that no work may be performed on such day, and if any employee concerned actually works on Labour Day, such employee shall be paid a full day’s wage for that day and in addition a payment for the time actually worked by the employee at one and a-half times the ordinary rate prescribed for such work with a minimum of 4 hours. 7.6.4 Picnic day Employees shall be granted a Union picnic day, to be held on a Saturday in December or on a Saturday to be mutually arranged in each year, without loss of pay, in addition to the holidays mentioned in clause 7.6. 7.6.5 Annual show All work done by employees in a district specified from time to time by the Minister by notification published in the Gazette on the day appointed under the Holidays Act 1983, to be kept as a holiday in relation to the annual agricultural, horticultural and/or industrial show held at the principal city or town, as specified in such notification of such district shall be paid for a the rate of double time and a-half with a minimum of 4 hours. No employee shall be entitled to receive more than one day per year as show day. 7.6.6 In a district in which a holiday is not appointed for an annual agricultural, horticultural or industrial show, the employee and employer must agree

on an ordinary working day that is to be treated as a show holiday for all purposes. 7.6.7 Double time and a-half For the purposes of clause 7.6, where the rate of wages is a weekly rate, “double time and a-half” means one and one-half day’s wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day.



7.6.8 Substitution Where there is agreement between the majority of employees concerned and the employer, and subject to statutory limitations, other ordinary working days may be substituted for the public holidays specified in clause 7.6. Where an employee is subsequently required to work on such substituted days, the employee shall be paid the rate applicable for the holidays that have been substituted. 7.6.9 Stand down Any employee, with 2 weeks’ or more of continuous service, whose employment has been terminated by the employer or who has been stood down by the employer during the month of December, and who is re-employed in January of the following year, shall be entitled to payment at the ordinary rate payable to that employee when they were dismissed or stood down, for any one or more of the following holidays, namely, Christmas Day, Boxing Day and the 1st January (New Year’s Day). 7.6.10 Should any employee be dismissed other than on account of dishonesty, disobedience, or drunkenness within 7 days of Good Friday, such

employee shall be paid for Good Friday, and Easter Monday at ordinary rates. 7.6.11 All time worked on any public holiday outside the ordinary starting and ceasing times prescribed by the Award for the day of the week on which

such holiday falls shall be paid for at double the rate prescribed by the Award for such time when worked outside the ordinary starting and ceasing times on an ordinary day.

7.6.12 Employees are not to be discriminated against on the basis of their contract of employment where public holidays fall on off duty periods of

employment. 7.7 Trade union training leave 7.7.1 Upon written application by an employee to the employer, such application being endorsed by the Union and given to the employer at least one

month in advance, such employee may be granted up to 5 working days’ leave (non-cumulative) on ordinary pay each calendar year to attend courses or seminars conducted by the Trade Union Training Australia (TUTA) or specific training courses approved by TUTA but conducted by the Union.

7.7.2 The scope, content and level of such courses or seminars shall be such as to contribute to a better understanding of industrial relations within the

employer’s operations. Such training may include attendance at employer or Union initiated courses conducted by any other organisation as agreed upon by the Union and employer.

7.7.3 For the purposes of clause 7.7 “ordinary pay” means the ordinary weekly rate paid to the employee exclusive of penalty rates or any allowance for

travelling time and fares. 7.7.4 The granting of such leave shall be subject to the following conditions:

(a) The employee must have at least 12 months’ continuous service with the employer prior to such leave being granted or be the elected Union delegate.

(b) Unless otherwise agreed the maximum number of employees of one and the same employer attending a training course or seminar each year

will be as follows:

Where the employer employs between 10 – 50 employees 1 Where the employer employs between 51 – 100 employees 2 Where the employer employs over 100 employees 4.

(c) Clause 7.7 shall not apply to a workplace with less than 10 full-time employees under this Award. (d) The granting of such leave shall be subject to the convenience of the employer so that the operations of the enterprise will not be adversely

affected. (e) In granting such paid leave, the employer is not responsible for any additional costs except the payment of extra remuneration where

relieving arrangements are instituted by the employer to cover the absence of the employee. (f) Leave granted to attend such training courses will not incur any additional payment or alternate time off if such course coincides with the

employee’s days off or with any other concessional leave. (g) Such paid leave will not affect other leave granted to employees under this Award. (h) On completion of the course the employee shall, upon request, provide to the employer proof of their attendance at the course. Non-

attendance at a training course will result in the employee not being paid for such time. PART 8 – TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK Note: No provisions inserted in this Award relevant to this Part PART 9 – TRAINING AND RELATED MATTERS 9.1 Training 9.1.1 Training program The parties to this Award recognise that in order to increase the efficiency and productivity of the enterprise and also the national and international competitiveness of the industries covered by this Award, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:




(c) removing barriers to the use of skills acquired. 9.1.2 Development of a training program Following proper consultation or through the establishment of a training committee, an employer shall develop a training program consistent with:

(a) the current and future skills needs of the enterprise;

(b) the size, structure and nature of the operations of the enterprise;

(c) the need to develop vocational skills relevant to the enterprise, through courses conducted by accredited educational institutions and providers.

9.1.3 Establishment of a training committee and its role Where it is agreed a training committee be established that training committee should be constituted by equal numbers of employer and employee representatives and have a charter which clearly states its role and responsibilities, for example:

(a) formulation of a training programme and availability of training courses and career opportunities to employees;

(b) dissemination of information on the training programme and availability of training courses;

(c) the recommending of individual employees for training and reclassification;

(d) monitoring and advising management and employees on the on-going effectiveness of the training. 9.1.4 Payment for training during working hours and reimbursement of costs

(a) Where it is agreed that additional training in accordance with the programme developed pursuant to clause 9.1 should be undertaken by an employee, that training may be undertaken either on or off the job. If the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

(b) Any costs associated with standard fees for prescribed courses and prescribed textbooks (including those textbooks which are available in the

employer’s technical library), legitimately incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure.

Reimbursement of any costs shall also be on an annual basis subject to the presentation of reports of satisfactory progress in the relevant course.

(c) Legitimate travel costs incurred by an employee undertaking training in accordance with clause 9.1 which exceed those normally incurred in

travelling to and from work shall be reimbursed by the employer. PART 10 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES 10.1 Amenities 10.1.1 Employees shall be provided with filtered or tank water for drinking purposes. 10.1.2 Employees shall be provided with reasonable facilities in which to change their clothes and have their meals, and also proper facilities for

washing themselves. Hot water shall be provided at meal times. 10.2 Clothing, equipment and tools Employees engaged in the work of steaming out tallow, or employees engaged in the handling of caustic soda or barrels of tallow in the yard, shall be supplied with overalls and boots or clogs. 10.3 Occupational health and safety No employee, unaided by proper auxiliary appliances or by another person shall be permitted to lift or carry weights exceeding 70 kg. Employees shall not be permitted or allowed to lift carry or move by hand any object so heavy as to be likely to cause risk of injury. The maximum weight that an employee may be permitted or allowed to carry or move by hand is 16kg. PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Preamble Clauses 11.1 and 11.2 replicate legislative provisions contained within the Act. In order to ensure the currency of existing legal requirements parties are advised to refer to sections 366, 372 and 373 of the Act as amended from time to time. 11.1 Right of entry 11.1.1 Authorised industrial officer

(a) An “Authorised Industrial Officer” is any Union official holding a current authority issued by the Industrial Registrar.






(ii) shows their authorisation upon request: (b) Clause 11.1.2(a)(i) does not apply if the authorised industrial officer establishes that the employer or other person in charge is absent.


(d) If the authorised industrial officer intentionally disregards a condition of clause 11.1.2 the authorised industrial officer may be treated as a






(iii) has made a written request to the employer that the employee does not want that employee’s record inspected.

(c) The authorised industrial officer may make a copy of the record, but cannot require any help from the employer.


11.1.4 Discussions with employees An authorised industrial officer is entitled to discuss with the employer, or a member or employee eligible to become a member of the Union:











(h) contributions made by the employer to a superannuation fund









accordance with section 371 of the Act; or an authorised industrial officer in accordance with sections 372 and 373 or the Act.

1840 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 April, 2003 11.3 Union encouragement Clause 11.3 gives effect to section 110 of the Act in its entirety. Consistent with section 110 of the Act a Full Bench of the Commission has issued a Statement of Policy on Union Encouragement (reported 165 QGIG 221) that encourages an employee to join and maintain financial membership of the Union. 11.3.1 Documentation to be provided by employer At the point of engagement, an employer to whom this Award applies shall provide employees with a document indicating that a Statement of Policy on Union Encouragement has been issued by the Queensland Industrial Relations Commission, a copy of which is to be kept on the premises of the employer in a place readily accessible by the employee. The document provided by the employer shall also identify the existence of a Union encouragement clause in this Award. 11.3.2 Union delegates Union delegates and job representatives have a role to play within a workplace. The existence of accredited Union delegates and/or job representatives is encouraged. The employer shall not unnecessarily hinder accredited Union delegates and/or job representatives in the reasonable and responsible performance of their duties. 11.3.3 Deduction of union fees Where arrangements can be entered into, employers are encouraged to provide facilities for the deduction and remittance of Union fees for employees who signify in writing to their employer, their desire to have such membership fees deducted from their wages. Dated 13 March 2003. By the Commission, [L.S.] E. EWALD, Operative Date: 12 May 2003 Industrial Registrar.

Documents

Vol. 172, No. 15