Director-General of Department of Communities and Disability Services Queensland v The Queensland Public Sector Union of Employees & Anor [2007] QIRC 99 (2008) 187 QGIG 37

Extract from Queensland Government Industrial Gazette, Dated 11 January 2008, Vol. 187, No. 1, pages 37-42] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 125 - application for amendment Director-General of Department of Communities and Disability Services Queensland AND The Queensland Public Sector Union of Employees and Another (A/2007/10) YOUTH WORKERS EMPLOYED BY THE DEPARTMENT OF FAMILIES AWARD - STATE 2003 COMMISSIONER ASBURY 6 December 2007 AMENDMENT This matter coming on for hearing before the Commission at Brisbane on 6 December 2007 this Commission orders that the said Award be amended as follows as from 6 December 2007: 1. By deleting the title of the Award and inserting the following in lieu thereof: YOUTH WORKERS' AWARD - DEPARTMENT OF COMMUNITIES 2003 2. By deleting clause 1.1 and inserting the following in lieu thereof: 1.1 Title This Award is known as the Youth Workers' Award - Department of Communities 2003. 3. In clause 1.2: (a) by deleting from PART 5 - WAGES AND WAGE RELATED MATTERS the clause title "Salary Increases" and inserting the clause title "Movement within classification levels" in lieu thereof; and (b) by deleting the following from the end of clause 1.2: Applicable rates of pay for employees covered by this Award Schedule A and inserting the following in lieu thereof: Salaries Schedule 1 4. By deleting clause 1.3.1 and inserting the following in lieu thereof: 1.3.1 This Award applies to employees of the Director-General, Department of Communities, whose rates of pay are fixed by this Award and who are for the purposes of this Award: engaged in employment at a youth detention centre; and appointed pursuant to section 67 of the Public Service Act 1996; or appointed pursuant to section 113 of the Public Service Act 1996. 5. By deleting the word "Families" from where it appears in clause 1.5 and inserting the word "Communities" in lieu thereof. 6. By deleting clause 1.6.5, and renumbering clauses 1.6.6 to 1.6.9, as clauses 1.6.5 to 1.6.8 respectively. 7. By renumbering clause 1.6.10 as clause 1.6.11 and inserting new clauses 1.6.9, 1.6.10 and 1.6.12 as follows: 1.6.9 "Section Supervisor" means an employee who supervises the activities of Youth Workers in the delivery of services to young people in detention and has been appointed as such. 1.6.10 "Shift Supervisor" means an employee who is responsible on a shift by shift basis for the co-ordination of centre- wide and residential services and activities for young people in detention and has been appointed as such. 1.6.12 "Youth Worker" means an employee who is responsible for the provision of management, care and supervision of young people in detention and who has been appointed as such. -- 1 of 5 -- 2 8. By deleting clause 4.2.9. 9. By deleting clause 5.1.1 and inserting the following in lieu thereof: 5.1.1 The salaries of employees covered by this Award are prescribed in Schedule 1: Youth Worker Level 3 Operational Stream Section Supervisor Level 4 Operational Stream Shift Supervisor Level 5 Operational Stream 10. By deleting clause 5.3 and inserting the following in lieu thereof: 5.3 Movement within classification levels 5.3.1 Movement within Classification Levels is based on meeting the following requirements: (a) Except in the case of a promotion or transfer and promotion from one Classification Level to another, an increase is not to be made to the salary of any employee until: (i) in the case of a full-time employee, the employee has received a salary at a particular classification and payment for a period of 12 months; or (ii) in the case of a Part-time Employee: (A) the employee has received a salary at a particular classification and Paypoint for a period of at least 12 months; and (B) the employee has worked 1,200 ordinary hours in such classification; or (iii) in the case of a Casual Employee with 12 months continuous service: (A) the employee has received a salary at a particular classification and Paypoint of at least 12 months; and (B) the employee has worked 1,200 ordinary hours in such classification. For the purpose of clause 5.3.1, continuous service for a Casual Employee ends if the employment is broken by more than 3 months between the end of one employment contract and the start of the next employment contract. Absences from work on public holidays do not break, or contribute to a break in the continuity of service. (b) Notwithstanding anything contained elsewhere in this Award, an employee is not entitled to receive salary increments by virtue of this Award unless: (i) in the case of staff appointed at the OO3 level, or staff who have progressed to the OO4 level as part of the Department's progressional scheme for Youth Workers ("Progression OO3 to OO4 for Youth Workers in Youth Detention Centres"), that the conduct, diligence and general efficiency of such employee have been certified to have been and to be satisfactory; or (ii) in the case of other staff employed at the OO4 level or higher, performance objectives have been achieved as certified by the employer. (c) Consistent with the Department's policy on Achievement Planning, the Department will pay increments to employees automatically on the due date unless the relevant manager advises prior to this date that the employee's increment is to be withheld on the basis of unsatisfactory performance or conduct. For this to occur, a formal performance improvement plan must have commenced. If any increment prescribed by this Award is temporarily withheld from an employee or there is a refusal to grant an increment the employee may make an appeal to the Public Service Commissioner under the relevant Public Service Directive. 11. By deleting clause 5.4.1 and inserting the following in lieu thereof: 5.4.1 The entitlements for extra remuneration for higher duties are prescribed in a Directive relating to Higher Duties, issued by the Industrial Relations Minister under section 34 of the Public Service Act 1996. -- 2 of 5 -- 3 12. In clause 5.4.2, by deleting the words "Directive 11/01" and inserting the words "the abovementioned Directive relating to Higher Duties" in lieu thereof. 13. In clause 5.4.4, by deleting the words "Directive 11/01" and inserting the words "the abovementioned Directive relating to Higher Duties" in lieu thereof. 14. In clause 5.5.1, by deleting the word "residents" and inserting the word "detainees" in lieu thereof. 15. In clause 5.6.1, by deleting the word "Families" and inserting the words "Communities" in lieu thereof. 16. By deleting clause 5.7 and inserting the following in lieu thereof: 5.7 Locality allowance The conditions and entitlements of locality allowances paid to employees who are appointed to work at named centres are prescribed in a Directive relating to Locality Allowances, issued by the Industrial Relations Minister under section 34 of the Public Service Act 1996. 17. By deleting clause 7.1.5 and inserting the following in lieu thereof: 7.1.5 The entitlements for sick leave are prescribed in a Directive relating to Sick Leave, issued by the Industrial Relations Minister under section 34 of the Public Service Act 1996. 18. By deleting clause 7.2.3 and inserting the following in lieu thereof: 7.2.3 The entitlements for bereavement leave are prescribed in a Directive relating to Bereavement Leave, issued by the Industrial Relations Minister under section 34 of the Public Service Act 1996. 19. By deleting clause 7.3.1 and inserting the following in lieu thereof: 7.3.1 Subject to the conditions set out in clause 7.3, the entitlements for annual leave are prescribed in a Directive relating to Recreation Leave, issued by the Industrial Relations Minister under section 34 of the Public Service Act 1996. 20. By deleting clause 7.4 and inserting the following in lieu thereof: 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 Employees are entitled to take pro rata long service leave after 7 years' continuous service. 7.4.3 The entitlements for long service leave are prescribed in a Directive relating to Long Service Leave, issued by the Industrial Relations Minister under section 34 of the Public Service Act 1996. 7.4.4 Employees who have completed at least 7 years' continuous service are entitled to a proportionate payment for long service leave on termination of employment in circumstances as prescribed in the abovementioned Directive relating to Long Service Leave. 21. By deleting clause 7.5 and inserting the following in lieu thereof: 7.5 Family leave 7.5.1 The provisions of the Family Leave (Queensland Public Sector) Award - State 2004 (including carer's leave) apply. 7.5.2 The entitlements to family leave include: (a) maternity leave; (b) spousal leave; (c) pre-natal leave; -- 3 of 5 -- 4 (d) pre-adoption leave; and (e) adoption leave; and these entitlements are prescribed in a Directive relating to Paid Parental Leave, issued by the Industrial Relations Minister under section 34 of the Public Service Act 1996. 22. By inserting a new clause 7.7.7 as follows: 7.7.7 Christmas Day (a) If Christmas Day (i.e. 25 December) falls on a Saturday or a Sunday and the public holiday is observed on another day, an employee working shift work or an employee who does not ordinarily work on Monday to Friday of each week who is required to work on Christmas Day (i.e. 25 December) is to be paid at the usual rate for work performed on a Saturday or a Sunday (i.e. ordinary rate plus applicable weekend shift penalty) as the case may be, plus a loading of 50% of the ordinary hourly rate. (b) An employee who receives the loading under clause 7.7.7(a) and who is required to work on the public holiday gazetted in lieu of Christmas Day, shall also be entitled to the appropriate public holiday penalty rates for that day. 23. By deleting clause 8.1.2 and inserting the following in lieu thereof: 8.1.2 The conditions and entitlements for transfer and appointment expenses are prescribed in a Directive relating to Transfer and Appointment Expenses, issued by the Industrial Relations Minister under section 34 of the Public Service Act 1996. 24. By deleting clause 8.2.2 and inserting the following in lieu thereof: 8.2.2 The conditions and entitlements for travelling and relieving expenses are prescribed in Directives relating to Domestic Travelling and Relieving Expenses and International Travelling, Relieving and Living Expenses, issued by the Industrial Relations Minister under section 34 of the Public Service Act 1996. 25. By deleting clause 9.1.6 and inserting the following in lieu thereof: 9.1.6 Learning and development provided should assist employees in obtaining accredited competencies, knowledge and skills. 26. By deleting clause 11.2.5 and inserting the following in lieu thereof: 11.2.5 Consistent with the Directive relating to Attendance - Recording and Reporting Requirements, issued by the Industrial Relations Minister under section 34 of the Public Service Act 1996, the Director-General 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. 27. By deleting Schedule A and inserting the following in lieu thereof: SCHEDULE 1 Salaries Operational Stream Level Paypoint Total wage rate per fortnight $ OO3 1 1,427.10 OO3 2 1,457.60 OO3 3 1,489.70 OO3 4 1,522.90 OO4 1 1,586.80 OO4 2 1,635.80 OO4 3 1,685.00 OO4 4 1,733.60 -- 4 of 5 -- 5 Operational Stream Level Paypoint Total wage rate per fortnight $ OO5 1 1,777.00 OO5 2 1,833.30 OO5 3 1,889.80 OO5 4 1,946.30 The above rates of pay incorporate adjustments based upon the State Government Departments Certified Agreement 2003 (CA/2003/377) as at 1 August 2005. The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2007 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the Vice 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 and Award amendments to give effect to enterprise agreements and over award 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 Policy, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments. Dated 6 December 2007. By the Commission, [L.S.] G.D. SAVILL, Industrial Registrar. Operative Date: 6 December 2007 Amendment - Title, Wages, Classifications, Allowances Released: 20 December 2007 Government Printer, Queensland The State of Queensland 2008. -- 5 of 5 --