Director-General of Environmental Protection Agency v The Australian Workers' Union of Employees, Queensland & Anor [2007] QIRC 97 (2008) 187 QGIG 23

Extract from Queensland Government Industrial Gazette, Dated 11 January 2008, Vol. 187, No. 1, pages 23-24] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 125 - application for amendment Director-General of Environmental Protection Agency AND The Australian Workers' Union of Employees, Queensland and Another (A/2007/12) CONSERVATION, PARKS AND WILDLIFE EMPLOYEES' AWARD - STATE GOVERNMENT 2003 DEPUTY PRESIDENT SWAN 17 December 2007 AMENDMENT This matter coming on for hearing before the Commission at Brisbane on 17 December 2007 this Commission orders that the said Award be amended as follows as from 1 August 2006: 1. By deleting clause 5.7.2 and inserting the following in lieu thereof: 5.7.2 Construction, reconstruction, alteration, repair and/or maintenance work allowance In addition to the rates prescribed by this Award all employees whilst actually engaged on construction, reconstruction, alteration, repair and/or maintenance work (as defined herein) on site and in accordance with an approved work program shall be paid an allowance at the rate of $38.00 per week which shall be treated as part of the ordinary weekly wage for the purposes of this Award to compensate for all disabilities associated with construction or reconstruction work. Construction, reconstruction, alteration, repair and/or maintenance work for the purposes of this Award shall mean track development and maintenance and assisting in the construction, reconstruction, alteration, repair or maintenance of:  toilet blocks;  information centres;  offices;  look-outs;  platforms;  campgrounds;  carparks; or  fences: Provided that an employee shall not be entitled to any payment of this allowance in relation to work in wet places except where working in water to a depth of 0.762m or more. This allowance is not paid for general estate maintenance work e.g. mowing and slashing; minor maintenance of buildings, shelters, picnic tables, fire places, carparks and fences; and cutting of timber for barbeques. 2. By inserting a new clause 5.7.8 as follows: 5.7.8 Fire operations In addition to the rates prescribed by this Award all employees whilst actually engaged on fire operations shall be paid an allowance at the rate of $38.00 per week which shall be treated as part of the ordinary weekly wage for the purposes of this Award to compensate for all disabilities associated with fire operations work. Fire operations for the purpose of this Award shall mean on the ground, front line fire operations during wild fire and prescribed burns: Provided that only employees who hold current accreditation for Fire Fighting Level 1 shall be entitled to payment of this allowance. -- 1 of 2 -- 2 The Agency will determine the allocation of employees to undertake the fire fighting accredited training. This determination will be made, taking into consideration workplace health and safety assessments and the requirements of the Agency. Dated 17 December 2007. By the Commission, [L.S.] G.D. SAVILL, Industrial Registrar. Operative Date: 1 August 2006 Amendment - Allowances Released: 3 January 2008 Government Printer, Queensland The State of Queensland 2008. -- 2 of 2 --