Consulting Surveyors Queensland Industrial Organisation of Employers v Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers & Ors (No. 2) [2005] QIRC 177 (2005) 180 QGIG 1217

[Extract from Queensland Government Industrial Gazette, dated 6 January, 2006, Vol. 181, No. 1, pages 60-63 ] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 125 - application for amendment Consulting Surveyors Queensland Industrial Organisation of Employers AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (No. 2) (B/2005/248) SURVEYING (PRIVATE PRACTICE) AWARD - STATE DEPUTY PRESIDENT BLOOMFIELD COMMISSIONER EDWARDS COMMISSIONER THOMPSON 30 November 2005 AMENDMENT THIS matter coming on for hearing before the Commission at Brisbane on 3 and 21 October 2005 and 7 and 30 November 2005, this Commission orders that the said Award be amended as follows on and from 12 December 2005: 1. By deleting clause 1.2.3(a) and inserting the following in lieu thereof: "1.2.3 (a) involved on set-out and control work on-site on construction work for more than half of their respective working time in any roster period. In the absence of any formal roster the pay period shall be applied.". 2. By deleting clauses 3.1.2, 3.1.3, 3.1.4 and 3.1.5 and inserting the following in lieu thereof: "3.1.2 'Surveyor' means an employee appointed as such at a specific classification level under this Award by the employer and who is registered as a Surveyor under the Surveyors Act 2003 and the Surveyors Regulation 2004 whose normal duties are as described below by reference to a specific classification level, for example, 'Surveyor Level 6'. 3.1.3 'Surveyor Level 6' means a Surveyor who is a senior surveyor whose normal duties may include those included in Level 5 plus general business development and resource allocation, liaison with local governments, government agencies and clients at an advanced level, and who is able to work without supervision. Where duties include cadastral projects at this level, the Surveyor shall have a Cadastral Endorsement under the Surveyors Act 2003 and the Surveyors Regulation 2004. A Surveyor Level 6 performs duties requiring the application of mature professional surveying knowledge. With scope for individual accomplishment and coordination of more difficult assignments, the Surveyor deals with problems for which it is necessary to modify established guides and devise new approaches. 3.1.4 'Surveyor Level 5' means a Surveyor who is a senior surveyor whose normal duties include those included in Level 4 plus liaison with local governments, government agencies and clients, determination of project technical and financial requirements and who is able to work with the minimum of supervision. Where duties include cadastral projects at this level, the Surveyor shall have a Cadastral Endorsement under the Surveyors Act 2003 and the Surveyors Regulation 2004. Duties are assigned only in terms of broad objectives, and are reviewed for policy, soundness of approach, accomplishment and general effectiveness. 3.1.5 'Surveyor Level 4' means a Surveyor who is a technical surveyor whose normal duties include all office and field operations on large and complex projects including determination of requirements, supervision of office and field staff and who has a working knowledge of appropriate legislation and standards and is able to work with the minimum of supervision. Where duties include cadastral projects at this level, the Surveyor shall have a Cadastral Endorsement under the Surveyors Act 2003 and the Surveyors Regulation 2004. Work is carried out within broad guidelines requiring conformity with overall objectives, relative priorities and necessary co-operation with other units.". 3. By deleting clauses 3.1.9 and inserting the following in lieu thereof: "3.1.9 'Surveying Associate' means an employee appointed as such at a specific classification level under this Award by the employer and whose normal duties are as described below by reference to the specific Classification Level, for example, 'Surveying Associate Level 3': -- 1 of 5 -- 2 Provided that a Surveying Associate appointed to perform surveying functions in relation to cadastral surveys shall be registered in a lawful manner under the Surveyors Act 2003 and the Surveyors Regulation 2004.". 4. By deleting clauses 3.1.13, 3.1.14 and 3.1.15 and inserting the following in lieu thereof: "3.1.13 'Surveying Graduate A' means an employee appointed as such by the employer and who is registered as such under the Surveyors Act 2003 and the Surveyors Regulation 2004 if so required by law after having completed the Bachelor of Surveying degree (at Queensland University of Technology) or equivalent and who performs duties as required. If a Surveying Graduate performs duties equivalent to a Surveying Associate (i.e. whose normal duties include field operations as party leader or instrument operator), they must be paid at the higher level. 3.1.14 'Surveying Graduate B' means an employee appointed as such by the employer and who is registered under the Surveyors Act 2003 and the Surveyors Regulation 2004 if so required by law after having completed the Bachelor of Technology degree (at University of Southern Queensland) or equivalent and who performs duties as required. If a Surveying Graduate performs duties equivalent to a Surveying Associate (i.e. whose normal duties include field operations as party leader or instrument operator), they must be paid at the higher level. 3.1.15 'Surveying Graduate C' means an employee appointed as such who is the holder of an Associate Diploma in surveying from a recognised educational institution or an equivalent Associate Diploma to the satisfaction of the employer and who performs duties as required. If a Surveying Graduate performs duties equivalent to a Surveying Associate (i.e. whose normal duties include field operations as party leader or instrument operator), they must be paid at the higher level.". 5. By deleting clauses 3.1.47, 3.1.48 and 3.1.49 and inserting the following in lieu thereof: "3.1.47 'Surveying Student A' means an employee engaged as such who is undertaking the Bachelor of Applied Science (Surveying) at the Queensland University of Technology or an equivalent degree course. If a Surveying Student performs duties equivalent to a Surveying Associate (i.e. whose normal duties include field operations as party leader or instrument operator), they must be paid at the higher level. 3.1.48 'Surveying Student B' means an employee engaged as such who is undertaking the Bachelor of Technology (Surveying) at the University of Southern Queensland or an equivalent degree course in surveying. If a Surveying Student performs duties equivalent to a Surveying Associate (i.e. whose normal duties include field operations as party leader or instrument operator), they must be paid at the higher level. 3.1.49 'Surveying Student C' means an employee engaged as such who is undertaking the Associate Diploma in Surveying at the University of Southern Queensland or the Associate Diploma of Applied Science (Mine Surveying) at TAFE, or an equivalent course. If a Surveying Student performs duties equivalent to a Surveying Associate (i.e. whose normal duties include field operations as party leader or instrument operator), they must be paid at the higher level.". 6. By deleting clause 3.2.1 and inserting the following in lieu thereof: "3.2.1 Each employee shall be paid such rate of wages as shown in clauses 3.2.2 and 3.2.3 below as is indicated by reference to the classification level definitions in clause 3.1 above after taking into consideration the employee's duties, responsibilities, accountabilities, scope of work, qualifications and years of experience.". 7. By deleting in clause 3.2.2 the existing table containing nominal relativity, wage rates, classifications and streams and inserting the following in lieu thereof: Nominal Relativity Per Week from 01/09/2005 $ Classification & Professional Stream Classification & Support Stream Classification & Clerical Stream LEVEL A 210% 1031.10 Engineer L6 Planner L6 Information Systems Employee L6 - LEVEL B 180% 906.00 Engineer L5 Planner L5 Information Systems Employee L5 - LEVEL C 160% 822.50 Engineer L4 - - -- 2 of 5 -- 3 Nominal Relativity Per Week from 01/09/2005 $ Classification & Professional Stream Classification & Support Stream Classification & Clerical Stream LEVEL D 150% 784.80 Engineer L3 Planner L4 Information Systems Employee L4 Photogrammetrist L3 - LEVEL E 145% 763.90 Engineer L2 Supervising Drafter Photo Lab Manager - LEVEL F 135% 722.20 Engineer L1 Photogrammetrist L2 Information Systems Employee L2 - LEVEL G 130% 700.80 Planner L3 - - LEVEL H 125% 686.80 Planner L2 Photogrammetrist L1 Information Systems Employee L1 Drafter/ CAD Operator L3 - LEVEL I 115% 638.80 Planner L1 Senior Photo Lab Operator - LEVEL J 110% 619.90 - - Clerical Employee L5 LEVEL K 105% 599.10 - Drafter/CAD Operator L2 Clerical Employee L4 LEVEL L 100% 578.20 Photo Lab Operator Clerical Employee L3 LEVEL M 92% 529.50 Field Worker L3 Drafter/CAD Operator L1 Clerical Employee L2 LEVEL N 87% 523.60 - Clerical Employee L1 LEVEL O 82% 511.00 - Field Worker L2 - LEVEL P 78% 493.00 - Field Worker L1 - 8. By renumbering existing clauses 3.2.3, 3.2.4, 3.2.5, 3.2.6, 3.2.7, 3.2.8 and 3.2.9 as 3.2.5, 3.2.6, 3.2.7, 3.2.8, 3.2.9, 3.2.10 and 3.2.11 respectively. 9. By inserting a new clause 3.2.3 as follows: "3.2.3 Minimum Weekly Rate - The minimum weekly rate of wages for surveying classifications in the Southern Division (Eastern District) shall be as set out hereunder as from the respective dates of operation: Classification Per Week from 01/09/200 5 $ Per Week from 12/12/200 5 $ Per Week from 01/06/200 6 $ Per Week from 01/12/200 6 $ Per Week from 01/06/200 7 $ Per Week from 01/12/200 7 $ Per Week from 01/06/200 8 $ Level P1 (Surveyor Level 6) 1031.10 1061.10 1091.10 1121.10 1151.10 1181.10 1214.20 Level P2 (Surveyor Level 5) 906.00 936.00 966.00 996.00 1026.00 1056.00 1098.60 Level P3 (Surveyor Level 4) 822.50 852.50 882.50 912.50 942.50 972.50 982.90 Level P4 (Surveyor Level 3) 784.80 814.80 844.80 874.80 904.80 934.80 954.00 -- 3 of 5 -- 4 Classification Per Week from 01/09/200 5 $ Per Week from 12/12/200 5 $ Per Week from 01/06/200 6 $ Per Week from 01/12/200 6 $ Per Week from 01/06/200 7 $ Per Week from 01/12/200 7 $ Per Week from 01/06/200 8 $ Level P5 (Surveyor Level 2) (Surveying Associate Level 3) 763.90 793.90 823.90 853.90 883.90 913.90 925.10 Level P6 (Surveyor Level 1) 722.20 752.20 782.20 812.20 842.20 872.20 896.20 Level P7 (Surveying Associate Level 2) 700.80 730.80 760.80 790.80 820.80 850.80 876.30 Level P8 (Surveying Associate Level 1) (Surveying Graduate A) Y3 Y2 Y1 686.80 671.80 658.80 716.80 701.80 688.80 746.80 731.80 718.80 776.80 761.80 748.80 806.80 791.80 778.80 836.80 821.80 808.80 867.30 852.80 838.40 Level P9 (Surveying Graduate B) Y3 Y2 Y1 638.80 633.80 628.80 668.80 663.80 658.80 698.80 693.80 688.80 728.80 723.80 718.80 758.80 753.80 748.80 780.60 766.50 751.70 780.60 766.50 751.70 Level P10 (Surveying Graduate C) Y3 Y2 Y1 578.20 560.40 549.50 608.20 590.40 579.50 638.20 620.40 609.50 668.20 650.40 639.50 693.80 672.50 659.40 693.80 672.50 659.40 693.80 672.50 659.40 Notes: (1) The above rates of pay are to be phased in, as shown, between from 12 December 2005 and 1 June 2008. (2) The increases at each phase in date are calculated to be no greater than $30.00 per week except where necessary to give effect to the final increased wage rate, in which case increases of different amounts may be involved. (3) The final increased wage rate may be achieved earlier than 1 June 2008 and the above schedule is to be examined for this eventuality. (4) Increases flowing from State Wage/Safety Net Increases are to be applied where appropriate subject to any Order of the Commission. (5) The above wage increases are to be absorbed into any over-Award payments applicable at the time of implementation of any new wage rate.". 10. By inserting a new clause 3.2.4 as follows: "3.2.4 No Reduction - No employee shall experience a reduction in ordinary time earnings as a result of the introduction of the above classifications and wages schedules. Progression between Levels - Progression between one classification level and another shall occur when an employee's job changes so as to fall principally or wholly within the classification definition of that other classification level, and not otherwise. Progression within Levels - Employees whose classification and rate of pay are expressed in this Award by reference to years of service or pay points, shall advance in pay to the next highest rate of pay within their respective classification level on each successive anniversary date after their first appointment to that classification level, until they reach the highest rate of pay in that classification level. They shall then remain on -- 4 of 5 -- 5 the rate of pay for the highest year of service or pay point in that classification level until they are appointed to another classification level. Dispute as to appropriate classification and pay point - In the event of any dispute as to appropriate classification of an employee the matter is to be dealt with under clause 2.4 (Grievance Procedure). This applies at the translation to the new classification and wages arrangements upon the commencement of this Award and at any time thereafter. Note: The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2005 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, 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.". 11. By deleting Schedule 4 (Translation Table) from the Award.". Dated 30 November 2005. By the Commission, [L.S.] G.D. SAVILL, Industrial Registrar. Operative Date: 12 December 2005 Amendment - Surveying (Private Practice) Award - State Released: 20 December 2005 Government Printer, Queensland The State of Queensland 2006. -- 5 of 5 --