Department of Employment and Industrial Relations v The Queensland Public Sector Union of Employees & Ors [2008] QIRC 33 (2008) 187 QGIG 201

[Extract from Queensland Government Industrial Gazette, Dated 11 April 2008, Vol. 187, No. 13, pages 201-216A] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 125 - application for amendment Department of Employment and Industrial Relations AND The Queensland Public Sector Union of Employees and Others (A/2008/2) QUEENSLAND PUBLIC SERVICE AWARD - STATE 2003 COMMISSIONER ASBURY 20 March 2008 AMENDMENT This matter coming on for hearing before the Commission at Brisbane on 20 March 2008 this Commission orders that the said Award be amended as follows as from 20 March 2008: 1. By deleting clause 1.5.4. 2. By inserting a new clause 6.4.10 as follows: 6.4.10 The provisions of clause 6.4 shall not apply to employees covered by clause S3.5.1 in Section 5, clause S3.7.3 in Section 7, clause S3.8.2 in Section 8, and clause S3.10.3 in Section 10 of Schedule 3. 3. By deleting Schedule 3 and inserting the following in lieu thereof: Schedule 3 - Agency specific provisions Section 1 - Department of Communities S3.1.1 Convenors - Youth Justice Conferencing (a) Hours of work (i) The ordinary hours of work shall be worked between the hours of 6.00 a.m. and 6.00 p.m., Monday to Sunday, inclusive. (ii) The minimum engagement/period prescribed at clauses 4.4.3, 6.4.2 and 6.4.7 shall not apply to Youth Justice Convenors where the work performed relates to telephone calls and administrative work associated with organising conferences with clients. Such work shall be remunerated at the appropriate rate based on actual work performed. (b) Extra payment for weekend work All ordinary time worked on weekends shall be paid for in accordance with clause 6.5.3 of this Award. Section 2 - Department of Corrective Services S3.2.1 Visits Processing Officers (a) Hours of work The ordinary hours of work shall be worked between the hours of 6.00 a.m. and 6.00 p.m., Monday to Sunday, inclusive. (b) Extra payment for weekend work All ordinary time worked on weekends shall be paid for in accordance with clause 6.5.3 of this Award. Section 3 - Department of Education, Training and the Arts S3.3.1 Accumulated days off arrangements for School Support Staff (a) Coverage (i) These arrangements cover permanent (including part-time permanent) and full-time temporary administrative Officers and other support staff employed in State Secondary Schools, Primary Schools, Special Schools and School Support Centres and including business services managers, administrative Officers (excluding administrative Officers employed in School Support Centres), -- 1 of 16 -- 2 science operations Officers, physiotherapists, occupational therapists, education program Officers and speech-language pathologists, whose rates of pay are prescribed in this Award. (b) Working arrangements (i) An accumulated days off (ADO) arrangement shall operate on the basis of a calendar year cycle. (ii) The employer and all employees concerned in each school shall consult over the most appropriate means of implementing hours of duty arrangements. (iii) The objective of such consultation shall be to reach agreement on the method of implementing hours of duty arrangements in accordance with these arrangements. (iv) The outcome of such consultation shall be recorded in writing. (v) Where these arrangements provide that hours of duty arrangements shall be agreed between the parties, such agreement shall not be unreasonably withheld by either party. (vi) In determining hours of duty, wherever practicable, the employer shall:  consult on the requirement to work specific hours before directing an employee to work those hours;  where the working of particular hours is not suitable to an employee on a given day, take into account whether other staff are available and competent to perform this work;  take into account the needs of workers with family responsibilities or disabilities;  provide timely notice of the requirement to work in excess of ordinary hours; and  take into account the employees' current levels of accumulated time. (c) Grievance procedures (i) All grievances in respect to the accumulated days off arrangements shall be dealt with in accordance with clause 3.2 of this Award. (d) Definitions (i) "Ordinary hours" means 7.25 hours worked in any one day, from Monday to Friday inclusive. (ii) "Accumulated time" means the time worked in excess of ordinary hours in any day and up to 9.5 hours, within the daily spread of hours. (iii) "Accumulated day off" means a day taken between Monday and Friday, without debit to any leave account, by accessing the accumulated time in multiples of 7.25 hours. (iv) "Hours of duty" means the hours determined by negotiation, during which employees may work, to a maximum of 9.5 per day. (v) "Employee" means, for the purpose of these arrangements, all full-time permanent and full-time temporary business services managers, administrative assistants, science operations Officers, physiotherapists, occupational therapists and speech language pathologists employed in State Secondary Schools, Primary Schools and Special Schools. (vi) "Employer" means the Director-General of Education, Training and the Arts or the Principal of a school or a School Support Centre coordinator acting as the delegate of the Director-General of Education, Training and the Arts in facilitating the implementation of these arrangements where the context so demands. (vii) "Spread of hours" means time worked between 6.00 a.m. and 6.00 p.m. Monday to Friday inclusive. (viii) "Temporary employee" means any employee engaged pursuant to section 113 of the Public Service Act 1996 for fixed periods of one school term or greater. (ix) "School" means, for the purpose of these arrangements, all State Secondary Schools, State Primary Schools, State Special Schools and School Support Centres, excluding Statewide School Support Centres. -- 2 of 16 -- 3 (e) Conditions of accumulated days off (i) Ordinary hours of work shall be worked between the hours of 6.00 a.m. and 6.00 p.m., Monday to Friday, inclusive. (ii) The maximum number of ordinary hours to be worked on any one day shall not exceed 9.5 hours exclusive of meal breaks to be worked within the hours prescribed in clause S3.3.1(e)(i). (iii) Authorised work performed, in excess of 9.5 hours exclusive of meal breaks on any one day, on weekends, on public holidays (or days in lieu of public holidays) and recalls to work will be recognised as overtime. (iv) Meal break - All employees shall take a lunch break of not less than 30 minutes duration between the third and sixth hours of daily duty. (v) Rest pauses - A rest pause(s) totalling 20 minutes duration per day in the employer's time shall be allowed to each employee at a time to suit operational requirements as determined by the employer. (vi) The employer must ensure an employee who resigns, retires or otherwise ceases duty has utilised all accumulated time upon cessation of duty. (vii) Accumulated time which an employee has accrued shall, at the defined school vacation periods be available to be taken, without debit to annual leave, on the following basis:  April vacation period - 2 days (maximum);  June vacation period - 5 days (maximum);  September vacation period - 5 days (maximum). (viii) Accumulated time shall only be granted to employees when it has been accrued. (ix) Employees shall not accumulate in excess of 36.25 hours at any one time or, for part-time employees a pro rata equivalent of this period. Except where extenuating circumstances exist, all time worked beyond these periods shall not be recognised for the purposes of accumulated time and no continuing credit shall be given for time not availed of during the nominated school vacation period. (x) Employees who commenced duty during the school term shall only be eligible for accumulated days off based upon time accrued prior to the relevant school vacation period. S3.3.2 Community Participation Officers (a) Ordinary spread of hours The daily spread of hours for community participation Officers employed by the Department of Education, Training and the Arts shall be worked between the hours of 6.00 a.m. and 9.00 p.m. Monday to Friday. (b) Overtime Community participation Officers who perform work on a Saturday or Sunday will by mutual agreement with the supervisor be compensated either by paid overtime or equivalent time off in lieu of overtime in accordance with a Directive relating to Field Staff as issued from time to time by the Minister responsible for industrial relations in accordance with section 34 of the Public Service Act 1996. S3.3.3 Library Staff - TAFE Institutes The following conditions apply to permanent, temporary and casual Librarians, Library Assistants, and Library Technicians engaged at TAFE Institutes. (a) Hours of work (i) The ordinary hours of work shall be 72.5 hours per fortnight exclusive of meal times. (b) Shift work (i) By mutual agreement between the Employer and the Union, hours may be worked according to a roster. -- 3 of 16 -- 4 (ii) Employees may agree to work an afternoon shift commencing on or after 12 noon and continuing beyond 6.00 p.m. as part of a roster for ordinary hours covering Mondays to Sundays. Such afternoon shifts may be worked either on an ongoing basis, or on an ad hoc basis, and shall always be subject to mutual agreement between the employer and the employee. (iii) These arrangements, whilst not shift work as defined at clause 6.1.1(g) of this Award, shall be regarded as shift work and shall be subject to the shift work arrangements, shift allowance and extra payment for weekend work provisions prescribed in clause 6.5.1, 6.5.2 and 6.5.3 of this Award. (iv) Library staff members who commence work at or after 12 noon but who do not continue work beyond 6.00 p.m. are not considered to be working an afternoon shift and will be paid at the ordinary rate for these hours. (c) Overtime (i) All overtime shall either be paid for in accordance with clauses 6.4.1 and 6.4.2 of this Award or, by mutual agreement between the employer and employee, compensated by the granting of equivalent time off in lieu on a time for time basis. (ii) Employees eligible for time off in lieu are to be permitted such time off within 12 months of the day on which the overtime was worked, and any time off in lieu not taken within that 12 month period shall lapse. If agreement cannot be reached on the taking of time off in lieu, the employer may direct the employee when it is to be taken. Section 4 - Department of Emergency Services S3.4.1 Systems Support Services, ICT Operations, ICT Services, Business Support Services The following conditions apply to Technical Officers (TO2, TO3 and TO4) and Technical Assistants (TO1) engaged in Systems Support Services, ICT Operations, ICT Services. (a) Hours of work The ordinary hours of work shall be an average of 72.5 hours per fortnight worked over a 9 day fortnight Monday to Friday, and shall be performed between 7.30 a.m. and 4.05 p.m.: Provided that where a team of employees is required to perform duties in the field on emergency deployments, such deployments shall be a maximum of 4 days' duration with a daily maximum of 12 hours' work. (b) Lunch break Employees shall be allowed an unpaid meal break of 30 minutes between the fourth and sixth hours of duty. (c) Overtime All overtime shall either be paid for in accordance with clauses 6.4.1 and 6.4.2 of this Award or, at the election of the employee, compensated by the granting of equivalent time off in lieu on a time for time basis. Employees who accrue time off in lieu are to be permitted such time off within 12 months of the day on which the overtime was worked, and any time off in lieu not taken within that 12 month period shall lapse. If agreement cannot be reached on the taking of time off in lieu, the employer may direct the employee when it is to be taken. (d) On call Except in extenuating circumstances, an employee rostered on call shall be rostered on for 1 week in each 6 week cycle. (e) Tool allowance Employees required to supply and use their own tools shall be entitled to tool allowance as prescribed in the relevant clause of the Engineering Award - State 2002. -- 4 of 16 -- 5 Section 5 - Department of Health S3.5.1 Biomedical Technicians - Biomedical Technology Services, Clinical and Statewide Services (a) Overtime allowance Biomedical technicians will be paid a fortnightly overtime allowance in lieu of payment for week day overtime. The allowance is included in the calculation of ordinary salary for the purposes of paid leave. The rate of the fortnightly allowance shall be calculated based on the following formula: TO3(4) ordinary hourly rate x 3 overtime hours per fortnight x 1.5 The above formula including the fortnightly overtime hours shall be reviewed at least every 2 years. The allowance is paid as compensation for overtime performed during Mondays to Fridays. All technicians undertaking such overtime are required to keep detailed records of overtime worked. All overtime performed on Saturdays or Sundays shall be subject to clause 6.4 of this Award. (b) On call allowance Biomedical technicians rostered to be on call outside ordinary hours of duty in order to provide a satisfactory service for the maintenance of home dialysis machines shall receive on call allowances as prescribed in this Award. Section 6 - Department of Justice and Attorney-General S3.6.1 Supreme and District Court Bailiffs (a) Hours of work The ordinary hours of duty are 36.25 hours per week to be worked between the hours of 8.30 a.m. and 5.30 p.m. Monday to Friday inclusive. (b) Overtime Where a Bailiff is required to remain with a jury on lock-up, overtime shall be paid in accordance with the following: Weekdays 5.30 p.m. to 8.30 p.m. time and a-half 8.30 p.m. to 12.30 a.m double time 12.30 a.m. to 4.30 a.m. sleep time (ordinary time) 4.30 a.m. to 7.00 a.m. time and a-half 7.00 a.m. to 8.30 a.m. double time Weekends Friday 5.30 p.m. to 8.30 p.m. time and a-half 8.30 p.m. to 12.30 a.m double time Saturday 12.30 a.m. to 4.30 a.m. sleep time (ordinary time) 4.30 a.m. to 7.00 a.m. time and a-half 7.00 a.m. to 12.30 a.m. double time Sunday 12.30 a.m. to 4.30 a.m. sleep time (ordinary time) 4.30 a.m. to 12.30 a.m. double time Monday 12.30 a.m. to 4.30 a.m. sleep time (ordinary time) 4.30 a.m. to 7.00 a.m. time and a-half 7.00 a.m. to 8.30 a.m. double time -- 5 of 16 -- 6 All other overtime performed by Bailiffs shall be in accordance with clause 6.4 of this Award. (c) Rest pauses and meal breaks Employees are entitled to rest pause(s) totalling 20 minutes per day to be taken at times to suit operational requirements as determined by the employer. When on jury lock-up, the hours of duty will be inclusive of meal times and no deduction shall be made from the employee's wages. Employees on jury lock-up are to be provided with meals. (d) Casual employees The minimum engagement for a casual employee shall be 4 hours. (e) Public holidays Entitlements to public holidays shall be in accordance with clause 7.7 of this Award and the Industrial Relations Act 1999 provided that no additional public holiday penalties shall be payable in relation to sleep time (i.e. 12.30 a.m. to 4.30 a.m.) where a Bailiff is required to remain with the jury on lock-up. S3.6.2 Court reporters (a) Hours of work The ordinary hours of duty are 37 hours per week. (b) Annual leave Court reporters are entitled to an additional 2 weeks annual leave per year as special leave in part compensation for any overtime worked. Section 7 - Department of Mines and Energy S3.7.1 Casual and part-time employees (a) Hours of work In lieu of the ordinary spread of hours of 9.00 a.m. to 5.00 p.m. Monday to Friday, as prescribed at clause S4.2.1, the ordinary spread of hours for employees engaged as casual employees or as part-time employees not in a flexible hours arrangement under Schedule 5 of this Award, will be 6.00 a.m. to 6.00 p.m. Monday to Friday. S3.7.2 Magazine Keepers (a) Annual leave "Magazine employees" or "magazine managers" based at the centres of Helidon, Bajool, Queerah and Brookhill who are required to reside on site shall be entitled to 10 days' leave per annum in addition to their annual leave entitlement as compensation for being on call and confined to site. An employee acting in the capacity of a "magazine employee" or "magazine manager" and required to reside on site shall be entitled to pro rata entitlement of the 10 day additional leave during the period that the employee relieves or acts in that capacity. The additional 10 days' leave is not recreation leave and does not attract 17 1/2% loading. S3.7.3 Explosive Inspectors and Gas & Petroleum Inspectors (a) Out of hours allowance (i) Explosive Inspectors and Gas & Petroleum Inspectors shall be paid an out-of-hours allowance of $5,000 per annum to compensate for being on call for 7 days/nights per week and for overtime performed on Mondays to Fridays (excluding public holidays) outside ordinary hours. (ii) This allowance is deemed to be non-superannuable and is payable on a fortnightly basis as an all- purpose allowance payable on all paid leave. -- 6 of 16 -- 7 (iii) Compensation for overtime performed on Saturdays, Sundays and public holidays shall be in accordance with the Directive relating to Field Staff as issued from time to time by the Minister responsible for industrial relations in accordance with section 34 of the Public Service Act 1996. Section 8 - Department of Natural Resources and Water S3.8.1 Casual and part-time employees (a) Hours of work In lieu of the ordinary spread of hours of 9.00 a.m. to 5.00 p.m. Monday to Friday, as prescribed at clause S4.2.1, the ordinary spread of hours for employees engaged as casual employees or as part-time employees not in a flexible hours arrangement under Schedule 5 of this Award, will be 6.00 a.m. to 6.00 p.m. Monday to Friday. S3.8.2 Compensation for Forest Products Officers required to perform additional duties during the fire season The following conditions apply to Public Service Officers and Temporary Employees engaged by Forest Products who are instructed to perform work outside of ordinary hours on fire fighting and support duties directly associated with fire fighting. Such duties include patrol at the face of a fire, air observer work, fire patrol and investigation work, repair and servicing of equipment when it is being used for fire fighting and operating communication equipment in the office or in the field. (a) Rates of pay (i) Officers whose salary does not exceed classification level AO5 paypoint (4) shall be paid overtime at their normal salary rate. (ii) Subject to the approval of the Director-General, Department of Employment and Industrial Relations in accordance with the Directive relating to Hours and Overtime as issued from time to time by the Minister responsible for industrial relations in accordance with section 34 of the Public Service Act 1996, Officers whose salary exceed classification level AO5 paypoint (4) shall be paid overtime at the salary rate applicable to classification level AO5 paypoint (4). (b) Overtime rates (i) Work performed on Monday to Friday (excluding public holidays) will be paid for at time and a-half for the first 3 hours and double time thereafter. (ii) Work performed on Saturday will be paid for at time and a-half for the first 3 hours and double time thereafter. (iii) Work performed on Sunday will be paid for at double time. (iv) Work performed on public holidays will be paid for at double time and a-half. (c) Minimum payments (i) The minimum payment for Saturdays and Sundays is 2 hours at the applicable rate. (ii) The minimum payment for public holidays is 4 hours at the applicable rate. (iii) Where an Officer performs overtime duty more than once within the minimum overtime payment period, the second or subsequent periods within the minimum overtime payment period will not stand alone. (d) Calculation of overtime (i) For the purposes of these arrangements, managers may authorise overtime to commence after the basic daily ordinary hours. (ii) Where an Officer "on call" at home is recalled for duty outside ordinary working hours, such time is to be calculated on the basis of home and back to home. -- 7 of 16 -- 8 (iii) Where an Officer who is not "on call" at home is required for duty outside ordinary working hours, such time is to be calculated from the time of commencement and cessation of duty at the Officer's headquarters. (e) Meal times (i) An Officer who is instructed to commence work more than 2 hours before the ordinary commencing time shall be allowed a half hour for breakfast in the employer's time provided the Officer resumes work at the end of such half hour. (ii) An Officer who is instructed to work for more than 1 hour after the ordinary ceasing time shall be allowed in the employer's time a half hour for a meal after the expiration of one hour; and 45 minutes in the employer's time after each further 4 hours worked. (iii) An Officer required to perform overtime after completing the ordinary hours and having left the job site, shall be allowed a meal break of 45 minutes in the employer's time after each 4 hours worked. (iv) An Officer, other than an Officer performing duty on communication equipment or performing other support duties in the office, who is instructed to work during the ordinary meal times, shall be paid at the rate of double time until allowed the usual time for a meal break. (v) An Officer performing duty on communication equipment or performing other support duties in the office when instructed to work during the ordinary meal times shall be allowed a crib break of 30 minutes for which no deduction of pay shall be made: Provided that such break shall be taken at a time that will not interfere with the continuity of work where continuity is necessary. (vi) (A) An Officer instructed to work overtime on Saturday or Sunday beyond the fifth hour of such overtime shall be entitled to an unpaid meal break of 30 minutes. (B) Should an Officer be instructed to continue such overtime beyond 9 hours the Officer shall be entitled to a further break of 30 minutes. After each further 4 hours of overtime, the Officer shall be entitled to a 45 minute break for which no deduction of pay shall be made provided that the Officer is required to continue working thereafter. (vii) Each Officer shall be provided with a reasonable meal by the employer at the times mentioned in clauses S3.8.2(e)(i), (ii) & (vi) above or shall be paid the minimum meal allowances as prescribed in the Directive relating to Overtime Meal Allowance as issued from time to time by the Minister responsible for industrial relations in accordance with section 34 of the Public Service Act 1996. (f) Fatigue leave (i) An Officer who under instruction works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day and has not had at least 10 consecutive hours off duty between those times, provided that recalls of less than 3 hours work on duties other than actual fire fighting shall not be regarded as overtime in terms of this clause, shall, subject to this clause be released after completion of such overtime until the Officer 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 Officer resumes or continues work without having had 10 consecutive hours off duty, the Officer shall be paid double rates for such period until released from duty for such period and shall then be entitled to be absent until 10 consecutive hours off duty has occurred without loss of pay for ordinary working time occurred during such absence. (g) On call (i) Where Officers are instructed to remain on standby in case of fire, they shall be compensated as follows: (A) Officers required to remain "on call" at home on weekends and public holidays shall be allowed time off in lieu on the basis of 50% of actual time the Officer remains "on call". -- 8 of 16 -- 9 (B) Officers holding themselves available in offices "on call" on Saturday, Sunday or public holidays shall be granted equivalent time off. (h) Weekend work (i) All Officers who perform additional duties during a fire season shall, except in cases of a serious fire emergency, have an average of 1 weekend in 3 entirely free from duty. Section 9 - Department of Police S3.9.1 Telephonists Ordinary hours of duty for telephonists working shift work in the Queensland Police Service shall average 32.5 hours per week. Such shift work shall be worked in accordance with a roster mutually agreed between the Commissioner of Police and either the appropriate industrial organisation or the representative of the employees; provided that the ordinary hours shall not exceed 65 per fortnight, comprising 7 shifts of 8 hours and one shift of 9 hours. Section 10 - Department of Primary Industries and Fisheries S3.10.1 Scientific Assistants and Animal Attendants handling pathogenic materials (a) Risk allowance Scientific Assistants and Animal Attendants required to handle materials or animals infected with disease pathogenic to humans shall be entitled to be paid a "Risk Allowance" at the rate of $16.30 per fortnight in addition to their ordinary rate of pay. S3.10.2 Scientific and Technical Employees working at sea (a) At sea allowance (i) Scientific and Technical Employees working on research vessels whilst at sea shall be entitled to be paid an "At Sea Allowance" at the rate of $12.88 per day. (ii) Whilst at sea, employees shall be provided with proper meals and accommodation, bedding, soap, clean bed linen weekly and clean towels twice weekly. The employer shall be responsible for laundering of linen and towels. S3.10.3 Queensland Boating and Fisheries Patrol (QBFP) The following conditions apply to all QBFP employees up to and including District Manager. They do not apply to administrative Officers, Regional Managers or the Superintendent. (a) Extra payment for weekend work (i) All ordinary time duty performed between midnight on Friday and midnight on Saturday will be paid for at the rate of time and a-half and all ordinary duty performed between midnight on Saturday and midnight on Sunday shall be paid for at the rate of double time. (ii) (A) The provisions of clause S3.10.3(a)(i) will not apply to ordinary time performed on the: - first 6 rostered Sunday shifts (representing 8 hours per shift, 48 hours in total) for the 2007- 2008 financial year; - first 5 rostered Sunday shifts (representing 8 hours per shift, 40 hours in total) for the 2008- 2009 financial year; - first 4 rostered Sunday shifts (representing 8 hours per shift, 32 hours in total) from the commencement of the 2009 financial year. (B) Where the duration of ordinary shifts either is greater than or lesser than the average daily ordinary hours, the total ordinary hours worked will contribute on a proportionate basis towards the relevant Sunday shifts where payment of ordinary weekend penalties does not apply. -- 9 of 16 -- 10 (C) An employee may elect to combine or convert the relevant Sunday shifts with Saturdays and/or Sundays or alternatively with Saturdays and/or Sundays and public holidays. Should this option be chosen a Saturday shift of 8 hours will equate to 4 hours and a public holiday shift of 8 hours will equate to 12 hours. (D) Any approved leave (e.g. sick leave, annual leave, rostered days off, special leave) taken on one or more of the relevant Sundays (or elected alternative) will not contribute towards attaining the relevant number of Sundays stipulated in clause S3.10.3(a)(ii)(A). (E) The prescribed number of rostered relevant Sunday shifts to be worked at ordinary time will not be accumulative and there will be no reduction in the employee's ordinary pay if the prescribed number of relevant Sunday shifts to be worked at ordinary time are not rostered and performed within each 12 month period. (iii) For the purposes of clause S3.10.3: "Sunday shift" means a shift of 8 hours worked on a Sunday. "Relevant Sunday shifts" means the total stipulated hours in each relevant financial year which an employee is required to work as ordinary hours before being paid weekend penalties in accordance with clause S3.10.3(a)(i). This will mean the first relevant rostered Sundays of each financial year. (iv) An employee entitled to receive extra payment for weekend work may elect to be compensated by time off in lieu. (b) Night shift allowance (i) An employee will be paid 15% in addition to ordinary rates in respect of periods of ordinary duty performed between the hours of 6.00 p.m. and 6.00 a.m. to a maximum of 8 hours and a minimum of 4 hours. This allowance will not be paid in respect of meal breaks or for ordinary duty performed on weekends. (c) Offshore surveillance duty (i) An employee who undertakes offshore surveillance duties carried out on behalf of the Commonwealth in the Torres Strait, the Gulf of Carpentaria or such other locality or localities as may be required by the Employer from time to time shall be paid an "Offshore Surveillance Duty" allowance in respect of continuous periods spent at sea travelling or anchoring out on offshore surveillance duty as follows: (A) For the first 2 days - $9.62 per day. (B) For each subsequent day of 24 hours - 96.35c per hour with a minimum payment of $9.68 for any part of a day less than 10 hours. (ii) Employees will accrue one day's leave for each completed week (7 days) that such employees are away from port. Where the period is more than 1 week, any further period of less than a completed week is to be calculated on a pro rata basis of 0.143 of a day's leave for each day away in excess of 7 days: Provided that such leave shall be given and taken by mutual consent within 6 months of the date of completion of the period of offshore surveillance duty wherein such leave was accumulated. (d) Hours of work (i) Subject to clause S3.10.3(e) and the exceptions hereinafter provided, the ordinary hours of work shall be an average of 38 hours per week, to be worked on the basis of 152 hours within a work cycle not exceeding 28 consecutive days. (ii) The ordinary hours of work exclusive of meal times will not exceed 12 hours per day Monday to Sunday inclusive. (iii) The ordinary hours of work, including starting and finishing times will be specified in a roster prepared by the District Officer. -- 10 of 16 -- 11 (iv) The ordinary starting and finishing times of individual employees within a district may be staggered as determined by the District Officer. (v) Starting and finishing times of rostered hours may be altered by the District Officer to cater for the needs of the Patrol, geographic, safety, or climatic conditions. The District Officer will give 24 hours notice of this change, or if less, as mutually agreed. (vi) An employee will be allowed 2 whole consecutive days off in each week. In lieu of 2 whole days off in each week an employee may be allowed in each fortnightly period either 1 day off in 1 week and 3 consecutive days off in the other week or 4 consecutive days off. Additionally, one day off at the end of one week and one at the beginning of the following week, will be counted as meeting the requirements of this clause . (e) Implementation of the 38 hour week (i) The roster will be determined and implemented on the basis of 1 rostered day off each 4 weeks. (ii) The employer and 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 will be taken within 12 calendar months of the date on which the first rostered day off was accrued. Consent to accrue rostered days off will not be unreasonably withheld by either party. (iii) (A) Subject to clause S3.10.3(e)(iii)(B), the employer will have the right to require employees who are rostered to work to take a rostered day off on 2 occasions per financial year, because of inclement weather. These days will be utilised at the discretion of the District Officer. Where an employee is directed not to attend work due to inclement weather, the employer and the employee concerned shall agree on which rostered day off falling within the ensuing 3 months where the employee will perform ordinary duty. (B) To utilise the provisions of clause S3.10.3(e)(iii)(A), the District Officer is to give 24 hours notice to an employee who is rostered to work on the day immediately prior to the day which is to be utilised as a rostered day off because of inclement weather. By mutual agreement, less than 24 hours notice may be given. (iv) For the purposes of clauses S3.10.3(d) & (e): "District Officer" will mean the District Officer, District Manager, District Operations Officer, Senior Field Officer or Senior Response Officer. "Inclement weather" will mean a weather forecast which indicates:  wind speed is expected to be 20 knots or greater and/or;  rain and/or;  storms (including thunder storms) and/or;  lightning. (f) Overtime (i) Except as hereinafter provided, all authorised work performed by employees remunerated at classification level TO5 paypoint (1) and below, in excess of the rostered hours each day will be paid for at overtime rates provided that the time so worked will not be paid for until at least 76 hours per fortnight have been worked. All authorised work performed by employees remunerated above classification level TO5 paypoint (1) will be subject to the Directive relating to Hours and Overtime as issued from time to time by the Minister responsible for industrial relations in accordance with section 34 of the Public Service Act 1996. (ii) Overtime will be paid for at the rate of time and a-half for the first 3 hours and double time thereafter provided that overtime performed on a Sunday shall be paid for at double time. -- 11 of 16 -- 12 (iii) (A) Work performed on days not rostered to be worked as part of ordinary hours will be paid for at time and a-half for the first 3 hours and double time thereafter with a minimum of 2 hours work or payment therefore. However, overtime performed on a rostered day off which falls on a Sunday shall be paid for at double time with a minimum of 2 hours. (B) The minimum payments outlined in clause S3.10.3(f)(iii)(A) will not apply where such overtime is performed immediately preceding and/or following ordinary hours. (iv) Overtime will be calculated to the nearest quarter of an hour in the total amount of time in respect to which overtime is claimed by the employee. (v) (A) Subject to clause S3.10.3(f)(i), an employee (other than an employee on call) having been recalled to perform duty will be paid for the time worked, with a minimum of 2 hours for each call out at the prescribed overtime rate. The minimum payment will not apply where the overtime is performed immediately preceding and/or is continuous with ordinary hours of duty. (B) Where in terms of clause S3.10.3(f)(v)(A), an employee is again called out within that 2 hour period, no further minimum payment will apply. However, the employee will be entitled to be paid at the prescribed overtime rates for the work performed. (vi) An employee entitled to be paid for overtime may elect to be compensated by time off in lieu. S3.10.4 Conditions of Employment - Casual Plant Health Inspectors (a) Ordinary spread of hours The ordinary spread of hours shall be midnight to midnight, Monday to Sunday. (b) Travelling time Casual Plant Health Inspectors shall only be paid for work performed on inspections. There is no payment for travelling time between inspections. (c) Minimum engagement Casual Plant Health Inspectors shall be paid for the hours worked with a minimum engagement period of one hour per day. S3.10.5 Dog allowance for DPIF employees (a) Dog allowance Department of Primary Industries Employees subject to this Award who house, feed, care and maintain Departmental dogs, shall be paid at the rate of $190.40 per fortnight for the first dog and $127.00 per fortnight for each additional dog. (b) Coverage of allowance This allowance includes the cost of food and will only be payable for periods where the dog is under the direct care of the employee. (c) Annual leave In addition to the above, such Employees shall also be entitled to one week additional annual leave accrued on an hourly basis for periods where the dog is under the direct care of the employee. (d) Expenses Any veterinary, local authority registration expenses and other sundry costs are paid for by the Department. -- 12 of 16 -- 13 (e) Adjustment of allowance This allowance shall be adjustable as work-related allowances based on increases granted through the State Wage Case General Rulings by the Queensland Industrial Relations Commission. Section 11 - Department of Public Works S3.11.1 Computer Operators - CITEC - 12 Hour Shift Arrangements The parties have agreed to review these arrangements and incorporate the detail into this section in due course. Section 12 - Department of Transport S3.12.1 Driver Examiners (a) Excess travel Where a Driver Examiner must commence work at a worksite other than their normal headquarters and as a consequence must travel more than 15 minutes in excess of the time usually taken to travel from the employee's residence to the usual workplace within the spread of 6.00 a.m. to 6.00 p.m. Monday to Friday, such time including excess travel time for the return journey to the employee's residence shall be paid for at ordinary time. (b) Hours of work The ordinary hours of work shall be an average of 72.5 hours per fortnight worked within a spread of 6.00 a.m. to 6.00 p.m. Monday to Friday and shall be rostered over a 9 day fortnight or a 19 day month. S3.12.2 Transport Inspectors The following arrangements apply to Transport Inspectors who work ordinary hours on other than a day work basis: (a) Shift rostering principles (i) Employees will be provided with 2 consecutive days off in every 7. Where the roster provides for 10 consecutive days, a 4 day break applies. The shift preceding a rest day shall finish at 12 midnight at the latest. The next rostered working day will not commence any earlier than 12 midnight 48 hours later. Rosters of this nature will only be programmed in exceptional circumstances. (ii) Overtime shifts/changes of duty may be worked by consent after a break of one whole day subject to other guidelines being observed. (iii) Rosters are not to provide for a permanent night shift. A night shift will commence after 6.00 p.m. and before 12 midnight. (iv) During a rostered period there will be no more than a 6 hour variance between the shift commencement time on the first day of the rostered period and the last day of the rostered period. This will apply unless there is a day off between shifts or an operational gap as prescribed in clause S3.12.2(a)(v). In addition there will be no more than a 2 hour variance between shift start times from one day to the next. (v) There shall be an allowable one operational gap per rostered cycle. An operational gap is constituted by a shift variance from one shift to the next of more than 6 hours. (vi) Where an employee works an overtime shift or part shift at their request which results in there being less than 10 hours break from the end of overtime and the beginning of the next rostered shift, that next ordinary rostered shift will be paid at ordinary rates. (b) Night work allowance An allowance of 5% of the hourly rate of pay for Transport Inspectors and Senior Transport Inspectors will be paid for ordinary hours worked between 10.00 p.m. and 6.00 a.m. Monday to Friday. The allowance will not apply to work performed on weekends. This is in addition to the normal 15% shift penalty for shift work that commences outside the hours 6.00 a.m. to 10.00 a.m. Monday to Friday. -- 13 of 16 -- 14 (c) Hours of work Hours of duty will be 76 hours per fortnight worked in accordance with clauses 6.1.3, 6.1.4 and 6.1.5 with a paid meal break of 30 minutes. Overtime shall be paid at the rate of double time for work performed outside the rostered hours of duty during the rostered working week. Section 13 - Forestry Plantations Queensland Office S3.13.1 Compensation for Forestry Plantations Queensland Office Forestry Officers required to perform additional duties during the fire season The following conditions apply to Public Service Officers and Temporary Employees engaged by Forestry Plantations Queensland Office who are instructed to perform work outside of ordinary hours on fire fighting and support duties directly associated with fire fighting. Such duties include patrol at the face of a fire, air observer work, fire patrol and investigation work, repair and servicing of equipment when it is being used for fire fighting and operating communication equipment in the office or in the field. (a) Rates of pay (i) Officers whose salary does not exceed classification level AO5 paypoint (4) shall be paid overtime at their normal salary rate. (ii) Subject to the approval of the Director-General, Department of Employment and Industrial Relations in accordance with the Directive relating to Hours and Overtime as issued from time to time by the Minister responsible for industrial relations in accordance with section 34 of the Public Service Act 1996, Officers whose salary exceed classification level AO5 paypoint (4) shall be paid overtime at the salary rate applicable to classification level AO5 paypoint (4). (b) Overtime rates (i) Work performed on Monday to Friday (excluding public holidays) will be paid for at time and a-half for the first 3 hours and double time thereafter. (ii) Work performed on Saturday will be paid for at time and a-half for the first 3 hours and double time thereafter. (iii) Work performed on Sunday will be paid for at double time. (iv) Work performed on public holidays will be paid for at double time and a-half. (c) Minimum payments (i) The minimum payment for Saturdays and Sundays is 2 hours at the applicable rate. (ii) The minimum payment for public holidays is 4 hours at the applicable rate. (iii) Where an Officer performs overtime duty more than once within the minimum overtime payment period, the second or subsequent periods within the minimum overtime payment period will not stand alone. (d) Calculation of overtime (i) For the purposes of these arrangements, managers may authorise overtime to commence after the basic daily ordinary hours. (ii) Where an Officer "on call" at home is recalled for duty outside ordinary working hours, such time is to be calculated on the basis of home and back to home. (iii) Where an Officer who is not "on call" at home is required for duty outside ordinary working hours, such time is to be calculated from the time of commencement and cessation of duty at the Officer's headquarters. -- 14 of 16 -- 15 (e) Meal times (i) An Officer who is instructed to commence work more than 2 hours before the ordinary commencing time shall be allowed a half hour for breakfast in the employer's time provided the Officer resumes work at the end of such half hour. (ii) An Officer who is instructed to work for more than one hour after the ordinary ceasing time shall be allowed in the employer's time a half hour for a meal after the expiration of one hour; and 45 minutes in the employer's time after each further 4 hours worked. (iii) An Officer required to perform overtime after completing the ordinary hours and having left the job site, shall be allowed a meal break of 45 minutes in the employer's time after each 4 hours worked. (iv) An Officer, other than an Officer performing duty on communication equipment or performing other support duties in the office, who is instructed to work during the ordinary meal times, shall be paid at the rate of double time until allowed the usual time for a meal break. (v) An Officer performing duty on communication equipment or performing other support duties in the office when instructed to work during the ordinary meal times shall be allowed a crib break of 30 minutes for which no deduction of pay shall be made: Provided that such break shall be taken at a time that will not interfere with the continuity of work where continuity is necessary. (vi) (A) An Officer instructed to work overtime on Saturday or Sunday beyond the fifth hour of such overtime shall be entitled to an unpaid meal break of 30 minutes. (B) Should an Officer be instructed to continue such overtime beyond 9 hours, the Officer shall be entitled to a further break of 30 minutes. After each further 4 hours of overtime, the Officer shall be entitled to a 45 minute break for which no deduction of pay shall be made provided that the Officer is required to continue working thereafter. (vii) Each Officer shall be provided with a reasonable meal by the employer at the times mentioned in clauses S3.13.1(e)(i), (ii) & (vi) above or shall be paid the minimum meal allowances as prescribed in the Directive relating to Overtime Meal Allowance as issued from time to time by the Minister responsible for industrial relations in accordance with section 34 of the Public Service Act 1996. (f) Fatigue leave (i) An Officer who under instruction works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day and has not had at least 10 consecutive hours off duty between those times, provided that recalls of less than 3 hours work on duties other than actual fire fighting shall not be regarded as overtime in terms of this clause, shall, subject to this clause be released after completion of such overtime until the Officer 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 Officer resumes or continues work without having had 10 consecutive hours off duty, the Officer shall be paid double rates for such period until released from duty for such period and shall then be entitled to be absent until 10 consecutive hours off duty has occurred without loss of pay for ordinary working time occurred during such absence. (g) On call (i) Where Officers are instructed to remain on standby in case of fire, they shall be compensated as follows: (A) Officers required to remain "on call" at home on weekends and public holidays shall be allowed time off in lieu on the basis of 50% of actual time the Officer remains "on call". (B) Officers holding themselves available in offices "on call" on Saturday, Sunday or public holidays shall be granted equivalent time off. -- 15 of 16 -- 16 (h) Weekend work (i) All Officers who perform additional duties during a fire season shall, except in cases of a serious fire emergency, have an average of one weekend in 3 entirely free from duty. Section 14 - Queensland Art Gallery S3.14.1 Protection and Services Staff (a) Hours of work The ordinary hours of work shall be worked between the hours of 6.00 a.m. and 6.00 p.m., Monday to Sunday, inclusive. (b) Extra payment for weekend work All ordinary time worked on weekends shall be paid for in accordance with clause 6.5.3 of this Award. Section 15 - Queensland Museum S3.15.1 Visitor Services Officers, Information Officers and Education Assistants (a) Hours of work The ordinary hours of work shall be worked between the hours of 6.00 a.m. and 6.00 p.m., Monday to Sunday, inclusive. (b) Extra payment for weekend work All ordinary time worked on weekends shall be paid for in accordance with clause 6.5.3 of this Award. Dated 20 March 2008. By the Commission, [L.S.] C.R. CHADWICK, Acting Industrial Registrar. Operative Date: 20 March 2008 Amendment - Coverage Released: 1 April 2008 Government Printer, Queensland The State of Queensland 2008. -- 16 of 16 --