Department of Health v The Queensland Public Sector Union of Employees & Ors [2007] QIRC 11 (2007) 184 QGIG 85

[Extract from Queensland Government Industrial Gazette, dated 16 February, 2007, Vol. 184, No. 7, pages 85-86] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 125 - application for amendment Department of Health AND The Queensland Public Sector Union of Employees and Others (A/2006/46) DISTRICT HEALTH SERVICES EMPLOYEES' AWARD - STATE 2003 COMMISSIONER FISHER 16 January 2007 AMENDMENT This matter coming on for hearing before the Commission at Brisbane on 20 December 2006 this Commission orders that the said Award be amended as follows as from 22 July 2006: 1. By deleting clause 5.6.2 and inserting the following in lieu thereof: 5.6.2 On call allowance (a) Where an employee is instructed to be available on call outside ordinary or rostered working hours, such employee will be paid, in addition to their ordinary rate of pay an allowance based upon the hourly rate of the classification of Professional Officer Level 3, paypoint 4 in accordance with the following scale: (i) Where the employee is on call throughout the whole of a rostered day off, an accumulated day off or a public holiday - 95% of the hourly rate in respect of such instances; (ii) Where an employee is on call during the night only of a rostered day off, an accumulated day off or public holiday - 60% of the hourly rate per night; and (iii) Where an employee is on call on any other night - 47.5% of the hourly rate per night: For the purpose of calculating the hourly rate, such rate shall be calculated on the fortnightly salary rate as prescribed in the relevant certified agreement applicable at any given time, and the divisor will be based upon a 38 hour week and calculated to the nearest 5 cents. For the purposes of clause 5.6.2, a "night" will be deemed to consist of those hours falling between 6.00 p.m. and 6.00 a.m. or mainly between such hours. 2. By deleting clause 6.8.5(d) and inserting the following in lieu thereof: (d) An employee, whilst on call, required to perform duties without the need to leave the employee's place of residence and/or without the need to return to the facility, shall be reimbursed for a minimum of one hour's work for each time the employee performs such duties: Provided that should the employee be so required to again perform duties within that one hour period, no further minimum payment shall apply. Dated 16 January 2007. By the Commission, [L.S.] G.D. SAVILL, Industrial Registrar. Operative Date: 22 July 2006 Amendment - On call allowance Released: 7 February 2007 Government Printer, Queensland The State of Queensland 2007. -- 1 of 1 --