Employees of Queensland Government Departments (Other Than Public Servants) Award - State 2003 [2009] QIRC 43 (2009) 191 QGIG 395 ; (2009) 191 QGIG 397

[Extract from Queensland Government Industrial Gazette, dated 21 August, 2009, Vol. 191, No. 14, pages 397-413] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 125 - making, amending and repealing awards Department of Justice and Attorney-General AND Liquor Hospitality and Miscellaneous Union, Queensland Branch, Union of Employees and Others (A/2009/6) EMPLOYEES OF QUEENSLAND GOVERNMENT DEPARTMENTS (OTHER THAN PUBLIC SERVANTS) AWARD - STATE 2003 COMMISSIONER THOMPSON 7 August 2009 AMENDMENT This matter coming on for hearing before the Commission at Brisbane on 6 August 2009, this Commission orders that the said Award be amended as follows as from 6 August 2009: 1. By adding the following to the end of PART 4 of clause 1.2: Recognition of Previous Service 4.10 2. By deleting from the end of PART 11 of clause 1.2 the words "Savings provision" and inserting the words "Industrial relations education leave" in lieu thereof. 3. In clause 1.3.1, by deleting the words "section 112 of the Public Service Act 1996" and inserting the words "section 147 of the Public Service Act 2008" in lieu thereof. 4. By deleting clause 1.3.3(m) and inserting the following in lieu thereof: (m) Motoring Services Award - South-Eastern District 2003 (see Schedule 2 and Section 11 of Schedule 3): * Car park officer * Tyre fitter 5. In clause 1.3.4, by deleting the reference to "Furniture and Allied Trades Award - State 2003" and inserting "Furniture and Allied Trades Award - State 2006" in lieu thereof. 6. By deleting clause 1.5.5 and inserting the following in lieu thereof: 1.5.5 "Court Attendance (Fees and Allowances) - (excluding casuals)" means the provisions as prescribed in a Directive relating to Court Attendance and Jury Service, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 7. By deleting clause 1.5.6 and inserting the following in lieu thereof: 1.5.6 "Leave and Travel Concessions - Isolated Centres" means the provisions as prescribed in a Directive relating to Leave and Travel Concessions in Isolated Centres, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 8. By deleting clause 1.5.8 and inserting the following in lieu thereof: 1.5.8 "Leave for Study and Examination Purposes (excluding casuals)" means the provisions as prescribed in a Directive relating to Study and Examination Leave, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 9. By deleting clause 1.5.9 and inserting the following in lieu thereof: 1.5.9 "Locality Allowance" means the conditions and entitlements paid to employees who are appointed to work at named centres as prescribed in a Directive relating to Locality Allowance, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 10. By deleting clause 1.5.10 and inserting the following in lieu thereof: 1.5.10 "Motor Vehicle Allowance" means the conditions and entitlements as prescribed in a Directive relating to Motor Vehicle Allowances, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. -- 1 of 16 -- 2 11. By deleting clause 1.5.11 and inserting the following in lieu thereof: 1.5.11 "Overtime Meal Allowance" means the conditions and entitlements as prescribed in a Directive relating to Overtime Meal Allowances, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 12. By deleting clause 1.5.13 and inserting the following in lieu thereof: 1.5.13 "Recreation Leave (excluding casuals)" means the conditions and entitlements as prescribed in a Directive relating to Recreation Leave, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 13. By deleting clause 1.5.14 and inserting the following in lieu thereof: 1.5.14 "Transfer and Appointment Expenses" means the conditions and entitlements as prescribed in a Directive relating to Transfer and Appointment Expenses, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 14. By deleting clause 1.5.15 and inserting the following in lieu thereof: 1.5.15 "Travelling Allowance" means the conditions and entitlements as prescribed in Directive/s relating to Domestic Travelling and Relieving Expenses and International Travelling, Relieving and Living Expenses, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 15. By deleting clause 1.5.16 and inserting the following in lieu thereof: 1.5.16 "Union" means: Australian Institute of Marine and Power Engineers’ Union of Employees, Queensland District; Australian Maritime Officers Union Queensland, Union of Employees; Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees; The Australian Workers’ Union of Employees, Queensland; The Electrical Trades Union of Employees Queensland; Federated Clerks’ Union of Australia, North Queensland Branch, Union of Employees; Liquor Hospitality and Miscellaneous Union, Queensland Branch, Union of Employees; Queensland Police Union of Employees; The Queensland Public Sector Union of Employees; Transport Workers’ Union of Australia, Union of Employees (Queensland Branch); and such other Union/s with respect to callings for which the Union/s are registered, in accordance with Schedule 1. 16. In clause 3.2.7 by deleting the words "Public Service Commissioner" and inserting the words "chief executive of the Public Service Commission" in lieu thereof. 17. In clause 4.1.2, by deleting the words "the Public Service Act 1996" and inserting the words "the Public Service Act 2008" in lieu thereof. 18. In clause 4.6.3, by deleting paragraph 2. 19. In clause 4.8.15, by deleting the words "issued by the Public Service Commissioner or the Minister for Industrial Relations pursuant to section 34 of the Public Service Act 1996" and inserting the words "issued by the chief executive of the Public Service Commission or the industrial relations Minister under sections 53 and 54 of the Public Service Act 2008" in lieu thereof. 20. By inserting a new clause 4.10 as follows: 4.10 Recognition of Previous Service The conditions prescribed in a Directive relating to Recognition of Previous Service and Employment, issued by the industrial relations Minister under section 54 of the Public Service Act 2008, apply to employees covered by this Award. -- 2 of 16 -- 3 21. In clause 5.6.6, by deleting the words "the Public Service Commissioner pursuant to the Public Service Act 1996" and inserting the words "the chief executive of the Public Service Commission pursuant to the Public Service Act 2008" in lieu thereof. 22. In clause 5.9 by deleting the wage rates and levels for classification level AO2 in the Administrative Stream and inserting the following in lieu thereof: AO 2 8 1,426.30 7 1,396.40 6 1,370.70 5 1,341.00 4 1,311.20 3 1,277.50 2 1,247.80 Age 21 1 1,218.10 23. In clause 5.9 by deleting the wage rates and levels for classification level OO2 in the Operational Stream and inserting the following in lieu thereof: OO 2 4 1,315.70 3 1,280.60 2 1,249.30 Age 21 1 1,217.80 24. In clause 5.10.1, by deleting the proviso and inserting the following in lieu thereof: Provided that the provisions of clause 5.10.1 shall not apply to employees covered by Sections 1, 3, 4 and 5 of Schedule 3 and Section 6 (Assistant Operations Officer, Senior Operations Officer and Project Officer - Barrier Fences only) and Section 10 (Store Managers and Storepersons only) of Schedule 5 who are entitled to Locality Allowance. 25. In clauses 5.10.2(a) and 5.10.2(b), by inserting the words "rostered day off, accrued day off," immediately before the word "Saturday". 26. By deleting clause 5.10.10 and inserting the following in lieu thereof: 5.10.10 Motor vehicle allowance The conditions and entitlements of motor vehicle allowances paid to employees are prescribed in a Directive relating to Motor Vehicle Allowances, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 27. By deleting clause 5.10.11 and inserting the following in lieu thereof: 5.10.11 Court Attendance and Jury Service The conditions and entitlements for employees required to attend court as a witness or to undertake service as a juror are prescribed in a Directive relating to Court Attendance and Jury Service, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 28. In clause 5.12.1, by deleting paragraphs 1 and 2 and inserting the following in lieu thereof: Extra remuneration prescribed in a Directive relating to Higher Duties, issued by the industrial relations Minister under section 54 of the Public Service Act 2008 shall apply to employees covered by this Award: Provided that subject the Directive on Higher Duties referred to above, an employee who temporarily fills a position at a higher Classification Level within the same stream as determined by this Award shall be paid extra remuneration at the first Paypoint of the Classification Level of the position being temporarily filled: 29. In clause 5.12.2, by deleting the paragraphs 1 and 2 and inserting the following in lieu thereof: Where the requirement arises for an employee to temporarily fill a position at a higher Classification Level on a long term basis, such arrangement shall only occur in compliance with the provisions a Directive relating to Recruitment and Selection, issued by the chief executive of the Public Service Commission under section 53 of the Public Service Act 2008: -- 3 of 16 -- 4 Provided that where the provisions of the Directive on Recruitment and Selection referred to above have been complied with, and an employee will be temporarily filling a position for over 12 months, performance objectives under the Directive relating to Performance Management issued by the chief executive of the Public Service Commission under section 53 of the Public Service Act 2008 are to be set at the higher level until the period of temporary relief ceases: 30. In clause 6.1.10, by deleting the words "Department of Education and the Arts" and inserting the words "Department of Education and Training" in lieu thereof. 31. By deleting clause 6.5.1 and inserting the following in lieu thereof: 6.5.1 The provisions below of clause 6.5 do not apply to employees covered by Section 1 of Schedule 3 or Sections 6, 7, 8, 9 and 11 of Schedule 5. 32. In clause 6.6.6, by deleting the word "Employees" and inserting the words "Except where otherwise provided in Schedule 3 or Schedule 5, employees" in lieu thereof. 33. In clause 6.7.2(b), by deleting the third paragraph and inserting the following in lieu thereof: Provided further that clause 6.7.2 does not apply to those employees covered by Section 5 of Schedule 3 who are entitled to receive the conditions and entitlements for overtime meal allowances as prescribed in a Directive relating to Overtime Meal Allowances, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 34. By deleting clause 7.1.1 and inserting the following in lieu thereof: 7.1.1 The provisions below of clause 7.1 do not apply to employees covered by Sections 1, 4 and 5 of Schedule 3 and Assistant Operations Officer, Senior Operations Officer and Project Officer - Barrier Fences covered by section 6 of Schedule 5 who are entitled to annual leave in accordance with a Directive relating to Recreation Leave, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 35. In clause 7.1.2(c), by deleting the words "Department of Education and the Arts" and inserting the words "Department of Education and Training" in lieu thereof. 36. In clause 7.1.4, by deleting the words "Department of Education and the Arts" and inserting the words "Department of Education and Training" in lieu thereof. 37. In clause 7.1.4(a), by deleting the words "Education (General Provisions) Regulation 2000" and inserting the words "Education (General Provisions) Regulation 2006" in lieu thereof. 38. By deleting clause 7.2.1 and inserting the following in lieu thereof: 7.2.1 The entitlements for sick leave are prescribed in a Directive relating to Sick Leave, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 39. In clause 7.2.3, by deleting the words "Department of Education and the Arts" and inserting the words "Department of Education and Training" in lieu thereof. 40. By deleting clause 7.3 and inserting the following in lieu thereof: 7.3 Family leave The provisions of the Family Leave (Queensland Public Sector) Award - State 2004 (including carer’s leave) apply. The entitlements to family leave include: (a) maternity leave; (b) spousal leave; (c) pre-natal leave; (d) pre-adoption leave; and (e) adoption leave, -- 4 of 16 -- 5 and those conditions are found in a Directive relating to Paid Parental Leave, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 41. By deleting clause 7.4.3 and inserting the following in lieu thereof: 7.4.3 The entitlements to long service leave are prescribed in a Directive relating to Long Service Leave, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 42. By deleting clause 7.5.2 and inserting the following in lieu thereof: 7.5.2 The entitlements for bereavement leave are prescribed in a Directive relating to Bereavement Leave, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. 43. By deleting clause 7.6 and inserting the following in lieu thereof:: 7.6 Special leave All employees (other than casuals) shall be entitled to the following provisions as prescribed in a Directive relating to Special Leave, issued by the industrial relations Minister under section 54 of the Public Service Act 2008:  Floods, cyclones, bushfires, etc;  Emergency management courses;  Attendance at emergencies;  Platelet etc donors;  Blood donors;  Pre-retirement seminars;  Special leave without salary;  Purchased leave;  Election leave;  Local government leave;  Declared emergency situation or state of disaster;  Defence reserve forces leave. 44. In clause 8.1, by deleting paragraph 2 and inserting the following in lieu thereof: Provided that the provisions of clause 8.1 shall not apply to employees covered by Sections 1 and 2 of Schedule 3 and Sections 10 (Operations Officers, Store Managers and Storepersons only) and 17 (Storekeepers only) of Schedule 5 who are entitled to Travelling Allowance as prescribed in Directive/s relating to Domestic Travelling and Relieving Expenses and International Travelling, Relieving and Living Expenses, issued by the industrial relations Minister under section 54 of the Public Service Act 2008, and to employees covered by section 6 of Schedule 3. 45. By deleting clause 11.2.5 and inserting the following in lieu thereof: 11.2.5 Consistent with a Directive relating to Attendance - Recording and Reporting Requirements (Including Public Holidays), issued by the industrial relations Minister under section 54 of the Public Service Act 2008, a chief executive may specifically exempt employee/s or a class of employees from a system for recording starting and finishing times, meal breaks and absences from duty. 46. By deleting clause 11.6 and inserting the following in lieu thereof: 11.6 Industrial relations education leave 11.6.1 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. 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. 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 -- 5 of 16 -- 6 (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. 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. 11.6.2 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. 11.6.3 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. 47. By deleting Schedule 1 and inserting the following in lieu thereof: SCHEDULE 1 - STREAM ALLOCATION AND INDUSTRIAL ORGANISATION COVERAGE The position titles allocated to the Administrative and Operational Streams and listed hereunder may be re- designated/re-named at the departmental level. Award coverage continues to apply where the principal role of the original position is to be performed. Administrative Stream - Allocation to this stream consists of - Stream allocations Relevant Union Covered by Previous Awards/Agreements Subsumed by this Award Department of Transport and Main Roads See clause 1.3.3 (c) Senior Inspecting Cost Clerks ) Inspecting Cost Clerks A ) Inspecting Cost Clerks B ) Senior Cost Clerks ) Cost Clerk Grade A ) Cost Clerk Grade B ) Cost Clerk Grade C ) Cost Clerk Grade D ) QPSU Time Keepers A ) Time Keepers B ) Time Keepers C ) Time Keepers D ) Senior Trainee Cost Clerk or Timekeepers ) Junior Trainee Cost Clerk or Timekeepers ) Previously award-free Department of Communities Resource Worker ) Assistant Storekeeper ) QPSU Storekeeper ) Department of Education and Training School Liaison Officer ) Youth Counsellor ) Priority Country Area Program Liaison Officer ) Assistant Community Liaison Officer ) QPSU Vocational Projects Officer ) Community Adviser ) Youth Worker (Schools) ) Department of Community Safety - Emergency Services Building Coordinator LHMU -- 6 of 16 -- 7 Stream allocations Relevant Union Department of Transport and Main Roads Store Manager QPSU Operations Support Clerk QPSU Operational Stream - Allocation to this stream consists of - Stream allocations Relevant Union Covered by Previous Awards/Agreements Subsumed by this Award Department of Communities - Disability Services Queensland See clause 1.3.3 (d) Gardener ) Head Gardener ) Laundryperson ) Domestic ) Sewer ) AWU Assistant Gardener ) General Hand ) Head Laundryperson ) Sewer in charge ) Housekeeper ) Department of Education and Training See clause 1.3.3 (e) Chief Cook ) Second Cook ) Qualified Cook ) LHMU Cook ) (AWU North of Singlehand Cook ) 24-30 latitude) Kitchenhand ) Waiter ) House Attendant/Waiter ) House Attendant ) LHMU Steward ) Assistant Steward ) See clause 1.3.3 (k) Teacher Aide LHMU Department of Employment, Economic Development and Innovation - Queensland Primary Industries and Fisheries See clause 1.3.3 (g) Foreperson (other than Foreperson, ) Animal Health Station, Yeerongpilly) ) Senior Farmhand ) AWU Experienced Farmhand ) Farmhand ) See clause 1.3.3 (h) Farm Supervisor QPSU See clause 1.3.3 (a) Master ) Mate ) AMOU Deckhand ) Cook AWU/LHMU -- 7 of 16 -- 8 Stream allocations Relevant Union Department of Police See Clause 1.3.3 (m) Tyre Fitter LHMU Department of the Premier and Cabinet See clause 1.3.3 (l) Technician (Audio/Video/Maintenance) ) Theatre Technician ) Technical Assistant ) AWU Other Employee (Front of House Staff) ) Ticket Seller ) Technical Manager ) Lightperson ETU See Clause 1.3.3 (m) Car Park Officer LHMU Department of Public Works - QBuild See clause 1.3.3 (i) Foreperson QPSU Various Departments See clause 1.3.3 (b) Driver ) Fleet Officer (Driver) ) Fleet Officer (Senior Driver) ) Forklift Driver ) Gardener ) General Service Officer ) Groundsperson ) Head Gardener ) Head Industrial Estate Attendant ) Horticultural Assistant ) QPSU Horticultural Officer ) Horticultural Supervisor ) Industrial Estate Attendant ) Inventory Officer ) Logistics Officer (QAS) ) Senior Groundsperson ) Senior Store Worker ) Senior Storeperson ) Storeperson ) Storeworker ) See clause 1.3.3 (j) Caretaker ) Cleaner ) Cleaning Supervisor ) LHMU Janitor ) Lift Attendant ) See clause 1.3.3 (f) Security Officer LHMU Security Coordinator LHMU Previously award-free Department of Communities Chief Cook ) Cook ) AWU/LHMU Kitchenhand ) -- 8 of 16 -- 9 Stream allocations Relevant Union Maintenance Officer ) Maintenance and Grounds Officer ) Support Officer ) Centre Manager ) QPSU Relief Centre Manager ) Program Assistant ) Program Officer ) Laundry Supervisor LHMU Stable Attendant LHMU Support Worker AWU Team Leader AWU Department of Education and Training Agricultural Assistant Division I ) Agricultural Assistant Division II ) Unit Support Officer ) Computer Assistant ) Senior Computer Assistant ) Disability Support Worker ) Disability Coach ) Community Jobs Program Supervisor ) Asset Services Officer ) Boat Officer ) General Hand ) General Worker ) QPSU Horticulture Assistant ) Maintenance Coordinator ) Marine Program Officer ) Nursery Manager ) Operations and Maintenance Officer ) Operations Assistant ) Print Assistant ) Printing Officer ) Retail Outlet Coordinator ) Shop Assistant ) Travelling School Operations Officer ) Kitchenhand ) Canteen Worker ) Food and Beverage Attendant ) General School Worker (Torres Strait) ) Butcher ) Canteen Assistant ) LHMU Canteen Supervisor ) Head Chef ) Kitchen Assistant ) Kitchen Attendant ) Laundry Attendant ) Department of Employment, Economic Development and Innovation Livestock Supervisor ) Pollinator ) Field Assistant ) Team Leader ) Assistant Team Leader ) Weed Control Supervisor ) Weed Control Operator ) AWU -- 9 of 16 -- 10 Stream allocations Relevant Union Dingo Fence Patrolperson ) Assistant Control Operator ) Control Operator ) Field Worker ) Air Quality Assessor ) Operations Officer ) Operations Supervisor ) Assistant Operations Officer - barrier fences ) QPSU Senior Operations Officer - barrier fences ) Project Officer - barrier fences ) Operations Assistant ) Weighbridge Test Unit Operator ) Department of Environment and Resource Management Building Services Officer ) Information Support Officer ) Maintenance Officer ) QPSU Operations Officer ) Customer Service Officer LHMU Field Worker AWU Department of Justice and Attorney-General Bindery Operations Officer QPSU Department of Police Assistant Watchhouse Officer ) Bandsperson ) Coordinator (Police Liaison Officer) ) Drum Sergeant ) QPU Pipe Major ) Police Liaison Officer ) Senior Police Liaison Officer ) Queensland Aboriginal and Torres Strait Islander Police ) Bus Driver TWU Car Cleaner ) Kennel Hand ) Stablehand ) LHMU Vehicle Maintenance Officer ) Communication Room Operator ) Police Dog Development Officer ) Police Dog Instructor ) QPSU Utility Officer ) Tracker AWU Department of Public Works Detailer LHMU Department of Transport and Main Roads School Crossing Supervisor LHMU/AWU Operations Officer ) Operations Assistant ) QPSU Operations Supervisor ) -- 10 of 16 -- 11 Stream allocations Relevant Union TransLink Transit Authority Employing Office Busway Safety Officer QPSU/LHMU Busway Shift Co-ordinator QPSU/LHMU Various Departments Workshop Foreperson QPSU Workshop Supervisor QPSU LHMU - Liquor, Hospitality and Miscellaneous Union, Queensland Branch, Union of Employees AMACSU - Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees AMOU - Australian Maritime Officers Union Queensland, Union of Employees AWU - The Australian Workers' Union of Employees, Queensland ETU - The Electrical Trades Union of Employees Queensland FCUNQ - Federated Clerks' Union of Australia, North Queensland Branch, Union of Employees QPSU - The Queensland Public Sector Union of Employees QPU - Queensland Police Union of Employees TWU - Transport Workers' Union of Australia, Union of Employees (Queensland Branch). 48. In Schedule 2, by deleting the following previous agreement: College Educational Assistants - Colleges of Technical and Further Education and Senior Colleges - Conditions of Employment - Industrial Agreement College Educational Assistant 7.00 a.m. to 9.30 p.m. 49. In Schedule 2, by adding the following in alphabetical order: Motoring Services Award - South-Eastern District 2003 Car Park Officer 7.00 a.m. to 9.00 p.m. 50. In Schedule 3 (a) By deleting Section 1 and inserting the following in lieu thereof: Section 1 - Employees Employed on Motor Vessels Owned and Operated by the Fisheries Research Branch, Department of Primary Industries - Industrial Agreement (1) Hours of duty (excluding casuals) - (a) Working hours shall be those that are necessary to effectively carry out the duties associated with the provision of services by the Department, but shall be an average of 38 hours per week, averaged over the work cycle (228 hours). (b) Hours worked in excess of 228 ordinary hours over the work cycle shall be paid at the rate of time and a- half, provided that in lieu of payment and subject to mutual agreement, employees may elect to accrue equivalent time off in lieu. (c) Each employee shall be required to work no more than 30 days in each 6 week (42 days) work cycle. -- 11 of 16 -- 12 (d) The 12 days off each work cycle shall be allowed at a minimum of 2 consecutive days off in each instance, except in emergent circumstances or where there is mutual agreement between the employee and the employer. (e) When an employee is required to perform duty on any of the 12 days off in each work cycle, that employee shall be paid at the rate of double time for the actual time worked with a minimum of 4 hours: Provided that in lieu of payment and subject to mutual agreement, another ordinary working day may be substituted for the day off specified in clause (1)(d) above: Provided further that, where an employee is subsequently required to work on such substituted day, the employee shall be paid the penalties provided for in clause (1)(e) above. (2) Casual employees - (a) A casual employee shall be paid a daily rate in accordance with the following formula: (ORDINARY FORTNIGHTLY RATE) DAILY RATE = ( ) X 1.23 ( 10 ) (b) Each daily engagement shall stand alone. (c) The daily casual rate shall be payable irrespective of the number of hours worked in the day, and shall also compensate for all ordinary overtime, week-end work and work performed on public holidays. (3) Locality allowance (excluding casuals) (4) Travelling allowance (5) Annual leave (excluding casuals) (6) Leave for Study and Examination Purposes (excluding casuals) (7) No additional payments shall be made for ordinary hours performed on weekends and public holidays, as compensation is included in the salary rates payable under clause 5.9. (8) Victualling and accommodation - Whilst at sea or when away from the home base overnight employees shall also be provided with proper meals and accommodation. Further, employees shall be provided with bedding, soap, clean bed linen weekly and clean towels twice weekly. The employer shall be responsible for laundering of linen and towels. (b) By deleting clause (1) of Section 8 and inserting the following in lieu thereof: (1) Overtime - In addition to clause 6.4 (Overtime) the following shall apply: An employee may elect and at the discretion of the employer, to take equivalent time off in lieu of overtime in accordance with the Directive relating to Field Staff, issued by the industrial relations Minister under section 54 of the Public Service Act 2008. (c) By deleting Section 11 and inserting the following in lieu thereof: Section 11 - Motoring Services Award - South-Eastern District 2003 (Car Park Officers only) (1) The ordinary hours of work will be worked Monday to Sunday in accordance with a roster mutually agreed upon by the employer and the majority of employees, or with the union. (2) The ordinary hours of work will not exceed 10 hours per day, except where agreed between the employer and the majority of the Car Park Officers concerned. -- 12 of 16 -- 13 51. In Schedule 4, by inserting a new clause (4) as follows: (4) Motoring Services Award - South-Eastern District 2003 (Car Park Officers only) (a) Continuous Shift Workers (excludes casuals) * Between midnight Friday and midnight Sunday at the rate of time and-a half. (b) Casual Employees * Between midnight Friday and midnight Saturday at the rate of time and-a quarter for ordinary hours in excess of 4 hours. * Between midnight Saturday and midnight Sunday at the rate of double time. 52. By deleting Schedule 5 and inserting the following in lieu thereof: SCHEDULE 5 - SPECIAL CONDITIONS AFFECTING PREVIOUSLY AWARD FREE EMPLOYEES Section 1 - School Crossing Supervisors - Department of Transport and Main Roads (1) Casual employment - A casual employee shall be engaged with a minimum payment as for one-half hours work. Section 2 - Unit Support Officers - Department of Education and Training (1) Employees of the Department of Education who are required to perform maintenance duties on Clivus Mulstrum composting toilet systems shall be paid in addition to the ordinary rate of pay prescribed an allowance at the rate of $11.6135 per hour. Section 3 - Assistant Community Liaison Officers, Vocational Projects Officers, Community Advisers and Youth Workers (Schools) - Department of Education and Training (1) Daily spread of hours - The daily spread of hours shall be between 6.00 a.m. and 9.00 p.m. Monday to Sunday. Section 4 - Agricultural Assistants and Support Officers (Environmental Education Centres) - Department of Education and Training (1) Suitable waterproof clothing shall be provided by the employer to employees who are required to work in the rain. Section 5 - Stablehands - Department of Police (1) Stablehands required to cut grass shall be paid 103 cents per day in addition to their ordinary rates of pay. Section 6 - Dingo Barrier Fence Personnel - Department of Employment, Economic Development and Innovation All staff (1) Weekend work (a) Where ordinary rosters incorporating weekend ordinary hours are agreed upon between the employer and the majority of employees affected, such ordinary hours between midnight Friday and midnight Sunday shall be payable at ordinary time. (b) Where ordinary rosters incorporating weekend ordinary hours are determined by the employer where agreement with the majority of employees affected is not reached, such ordinary hours worked between midnight Friday and midnight Saturday shall be paid for at one and a half times the ordinary rate and between midnight Saturday and midnight Sunday at one and three quarter times the ordinary rate. (2) Wet weather & waterproof clothing/travelling expenses/camp provisions - conditions as prescribed in the relevant provisions Civil Construction, Operations and Maintenance General Award - State 2003 shall apply. (3) Where an employee's services are terminated while working away on site, such employee shall be transported by the employer as soon as practicable to the nearest means of public transport. -- 13 of 16 -- 14 (4) Elective time off in lieu - Where an employee is instructed to work overtime, such employee may, in lieu of payment for the overtime worked, elect to accrue equivalent time off in lieu. Such time off in lieu should be utilised by mutual agreement within 12 months, and where agreement is not reached, to be taken as directed by the employer. Where time off in lieu is not utilised within 12 months of the date of accrual, it shall be paid out at the relevant overtime penalties. Assistant Operations Officer, Senior Operations Officer and Project Officer - Barrier Fences (1) Locality Allowance (excluding casuals) (2) Recreation Leave (excluding casuals) Section 7 - Information Support Officers - Department of Environment and Resource Management (1) Weekend work - all ordinary hours worked between midnight Friday and Midnight Sunday shall be payable at ordinary time. Section 8 - Operations Assistants (Lands Research Stations) - Biosecurity - Department of Employment, Economic Development and Innovation (1) Weekend work - all ordinary hours worked between midnight Friday and midnight Sunday shall be payable at ordinary time. Section 9 - Field Assistants, Eradication Team Members, Team Leaders and Assistant Supervisors (Eradication) - Biosecurity Incursion management and Control - Biosecurity - Department of Employment, Economic Development and Innovation (1) Weekend work - all ordinary hours worked between midnight Friday and midnight Sunday shall be payable at ordinary time. (2) Daily spread of hours - the daily spread of hours shall be between 5.00 a.m. and 8.00 p.m. Monday to Sunday. (3) Casual employment - a casual employee will be engaged with a minimum payment as for one hour's work. Section 10 - Department of Transport and Main Roads Operations Support Clerks (1) Transfer Expense (2) Overtime Meal Allowance Operations Officers (1) Travelling Allowance (2) Overtime Meal Allowance Store Managers and Storepersons (1) Travelling Allowance (2) Locality Allowance (excluding casuals) Section 11 - Weed Control Personnel - Land Protection - Biosecurity - Department of Employment, Economic Development and Innovation (1) Weekend work - All ordinary hours worked between midnight Friday and midnight Sunday shall be payable at ordinary time. (2) Daily spread of hours - A daily spread of hours of 5.00 a.m. to 8.00 p.m. will apply Monday to Sunday. Section 12 - Workshop Forepersons and Operations Supervisors - Department of Transport and Main Roads, Department of Employment, Economic Development and Innovation, Department of Environment and Resource Management, Forestry Plantations Queensland Office -- 14 of 16 -- 15 (1) Dirty work allowance - Workshop forepersons engaged on dirty work as defined in the relevant clause of the Engineering Award - State 2002 shall be entitled to the dirty work allowance as prescribed in that Award. (2) Tool allowance - Workshop forepersons required to use their own tools as defined in the relevant clause of the Engineering Award - State 2002 shall be entitled to tool allowance as prescribed in that Award. (3) Construction allowance - Workshop forepersons engaged on construction work as defined in the relevant clause of the Engineering Award - State 2002 shall be entitled to construction allowance as prescribed in that Award. (4) Forestry allowance - Workshop forepersons working on forestry operations as defined in the relevant clause of the Engineering Award - State 2002 shall be entitled to forestry allowance as prescribed in that Award. Section 13 - Agricultural Assistants Division 1 - Arrangements for translating from award free status - Department of Education and Training (1) Agricultural assistants Division 1 shall translate to the Operational Stream, Level 2 Paypoint 4. Upon translation such employees shall also be entitled to a non-absorbable and non-adjustable fortnightly allowance of $6.30. (The non-absorbable allowance shall be payable for all purposes of the Award. Provided that the allowance shall cease upon appointment to a new position or in the event of progressional arrangements being introduced.) Section 14 - Centre Managers and Relief Centre Managers - Sport and Recreation Services - Department of Communities (1) General Overtime/On-Call Allowance A general overtime/on-call allowance at fortnightly rates based on the formula prescribed below as a percentage of the fortnightly enterprise bargaining salary rate applicable to the operational stream classification level OO3 paypoint 4 as prescribed in the State Government Departments Certified Agreement 2003 or its replacement is payable to Centre Managers and Relief Centre Managers employed at the camps as prescribed below and payable to them in addition to their ordinary rate of pay and any other allowances in consideration for being on- call and for work performed outside the ordinary hours of work Monday to Friday inclusive: (a) Lake Perseverance 19.96% of the fortnightly salary of OO3 paypoint 4 (b) Christmas Creek, Leslie Dam, Magnetic Island, Seaforth and Yeppoon 19.56% of the fortnightly salary of OO3 paypoint 4 (2) Overtime All overtime performed on a Saturday or Sunday shall be paid in accordance with the overtime provisions contained in clause 6.4. (3) Extra payment for weekend work All ordinary time performed on a Saturday or Sunday shall be paid in accordance with the extra payment for weekend work provisions contained in clause 6.4. (4) Public holidays All work performed on a public holiday shall be paid in accordance with the public holiday provisions contained in clause 7.9. (5) Recreation Leave (excluding casuals) (6) Casual Centre Managers and Relief Centre Managers (a) A person employed as a casual recreation camp manager shall be paid a daily rate in accordance with the following formula - Daily rate = fortnightly rate x 1.23 10 (b) Each daily engagement shall stand alone. (c) The daily casual rate shall be payable irrespective of the number of hours worked in the day, and shall also compensate for all ordinary overtime and weekend work. -- 15 of 16 -- 16 (d) Work performed on public holidays shall be paid in accordance with the public holiday provisions contained in clause 7.9 of this Award. (7) Allowances A Centre Manager or Relief Centre Manager who is required to treat raw sewerage at any sewerage treatment plant on a campsite, shall in addition to the normal award rate of pay and any allowance, be paid an allowance of $2.86 per day. Section 15 - Busway Safety Officers and Busway Shift Co-ordinators - TransLink Transit Authority Employing Office (1) Leading hand allowance - Where Busway Safety Officers are appointed to be in charge of other Busway Safety Officers the following allowances shall be paid: When in charge of 1 or 2 other Busway Safety Officers 33.75cents per hour When in charge of more than 2 other Busway Safety Officers 39.35cents per hour Such leading hand allowances shall be taken into consideration for all purposes of this Award. Section 16 - Air Quality Assessors - Department of Employment, Economic Development and Innovation (1) Daily spread of hours - the daily spread of hours shall be between 6.00 a.m. and 10.00 p.m. Monday to Sunday. Section 17 - Assistant Storekeepers and Storekeepers - Department of Communities Assistant Storekeepers and Storekeepers (1) Daily spread of hours - the daily spread of hours shall be between 6.00 a.m. and 8.00 p.m. Monday to Sunday. (2) Leave and travel concessions - Isolated Centres Storekeepers only (1) Recreation leave (excluding casuals) (2) Transfer and appointment expenses (3) Travelling allowance (4) Overtime/on call allowance - Retail Storekeepers shall receive the following overtime/on call allowance in lieu of overtime payment, on call allowance and meal allowance during overtime: (a) Where free quarters are provided, a fortnightly allowance equivalent to 26.31% of the fortnightly salary of AO6 paypoint 1 inclusive of certified agreement increases; or (b) Where free quarters are not provided, a fortnightly allowance equivalent to 34.72% of the fortnightly salary of AO6 paypoint 1 inclusive of certified agreement increases. Such overtime/on call allowance shall not be payable on paid or unpaid leave. Dated 7 August 2009. By the Commission, [L.S.] G.D. SAVILL, Industrial Registrar. Operative Date: 6 August 2009 Amendment: Award coverage, allowances etc. Released: 7 August 2009 Government Printer, Queensland The State of Queensland 2009. -- 16 of 16 --