Director-General, Department of Industrial Relations v The Queensland Public Sector Union of Employees & Ors [2005] QIRC 12 (2005) 178 QGIG 135

[Extract from Queensland Government Industrial Gazette, dated 11 February, 2005, Vol. 178, No.6, pages 135-146] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 125 – application for amendment Director-General, Department of Industrial Relations AND The Queensland Public Sector Union of Employees and Others (No. B1746 of 2004) EMPLOYEES OF QUEENSLAND GOVERNMENT DEPARTMENTS (OTHER THAN PUBLIC SERVANTS) AWARD – STATE 2003 COMMISSIONER BROWN 31 January 2005 AMENDMENT THIS matter coming on for hearing before the Commission at Brisbane on 21 January 2005, this Commission orders that the said Award be amended as follows as from 21 January 2005: 1. By deleting clause 1.3 and inserting the following in lieu thereof: “1.3 Award coverage 1.3.1 This Award applies to employees of Queensland Government Departments and public service offices who are engaged pursuant to section 112 of the Public Service Act 1996 and whose callings are contained in Schedule 1. 1.3.2 Special conditions (a) Employees, whose callings are contained in Schedule 1 and who were previously award-free employees, are employed subject to the conditions contained in Schedule 5. (b) Employees, whose callings as defined by the previous awards and industrial agreements listed in clause 1.3.3 are contained in Schedule 1, are employed subject to the conditions contained in Schedules 2, 3 and 4.” 1.3.3 Award/Agreement (a) Employees Employed on Motor Vessels Owned and Operated by the Fisheries Research Branch, Department of Primary Industries – Industrial Agreement (see Schedule 2 and Section 1 of Schedule 3): * Master “Warrego” * Master “Lumaigul” * Master “Pelates” (b) Public Service Award – State (Part VI only, clauses – 55; 61(1); 61(2) (Drivers of Motor Vehicles only); 61(3); 61(4); 61(5); 61(6); and 61(7)) (see Sections 4 and 5 of Schedule 3): * Head gardeners * Gardeners * Gardener’s labourers * Senior storeperson * Chief storeperson * Storeperson in charge * Storperson in charge, Bulk store * Storeperson Grade 1 * Storeperson Grade 2 * Forklift driver * Drivers of motor vehicles of a * Drivers of motor vehicles of a carrying capacity of up to and carrying capacity exceeding 1.27t and not including 1.27t exceeding 3.04t * Drivers of motor vehicles of a * Storeperson first year carrying capacity exceeding 3.04t * Storeperson second year and not exceeding 6.09t * Storeperson third year and subsequent years (c) Cost Clerks and Timekeepers’ Award – State Government (see Section 2 of Schedule 3) * Senior inspecting cost clerks * Senior cost clerks * Inspecting cost clerks Grades A & B * Cost clerks Grades A to D * Timekeepers – Grades A to D * Senior trainee cost clerks or timekeepers * Juniors – Age 18 to 20 years (d) Award for Employees in the Intellectual Handicap Service – Department of Health (Part B Only) (see Section 3 of Schedule 3): -- 1 of 14 -- 2 * Gardner * Laundry Person * Domestic * Sewer * Assistant gardener * General hand * Head laundry person * Sewer in charge * Housekeeper (e) Domestic and General Staff Award – Halls of Residence – State Government (see Schedule 2): * Chief cook * Second cook * Qualified cook * Cook * Single hand cook * Kitchenhand * Waiter * House attendant/Waiter * House attendant * All other employees (f) Security Employees’ Award – State Government: * Security officer (g) Award for Certain Employees of the Department of Primary Industries Employed at Regional Experimental Stations, Research Stations, and Animal Health Stations (see Section 7 of Schedule 3): * Foreperson (other than * Senior farmhand Foreperson Animal Health station, * Experienced farmhand Yeerongpilly) * Farmhand (h) Farm Supervisors (Department of Primary Industries) Award (see Section 8 of Schedule 3): * Farm supervisor (i) Graded Foremen (Department of Works) Award – State (see Section 6 of Schedule 3): * Graded foreman (job) * Graded foreman (office) grades I to IV (j) Miscellaneous Workers’ Award – State Government (see Schedule 2 and Section 10 of Schedule 3): * Caretaker * Cleaner * Lift attendant (k) Teacher Aides, Department of Education Award – State (see Schedule 2): * Teacher aide (l) Theatrical Employees’ Award – State – 2003 (see Section 9 of Schedule 3): * Technician (Audio/Video/Maintenance) * Lightperson * Ticket seller * Technical manager * Other Employees (Front of House Staff) 1.3.4 This Award does not apply to employees in callings classifications covered by the following Awards: Accommodation Industry (Other than Hotels) Award – South-Eastern Division 2003; Boarding House Employees Award – State (excluding South-East Queensland) 2003; Building Trades Public Sector Award – State 2002; Civil Construction, Operations and Maintenance General Award – State 2003; Conservation, Parks and Wildlife Employees’ Award – State Government 2003; District Health Services Employees’ Award – State 2003; Engineering Award – State 2002; Forestry Employees’ Award – Department of Primary Industries 2003; Furniture and Allied Trades Award – State 2003; General Stores, Warehousing and Distribution Award – State 2002.”. 2. By deleting from clause 1.5.9 the word and numbers “Directive 13/01” and inserting the word and numbers “Directive 6/04” in lieu thereof. -- 2 of 14 -- 3 3. By deleting from clause 1.5.12 the word and numbers “Directive 7/01” and inserting the word and numbers “Directive 8/04” in lieu thereof 4. By deleting from clause 4.1.2 the words and numbers “Sections 9, 10 and 12” and inserting the words and numbers “Sections 4 and 5” in lieu thereof. 5. By deleting from clause 4.3.1 the words and numbers “Sections 1 and 10” and inserting the words and numbers “Sections 1 and 9” in lieu thereof. 6. By deleting from clause 5.3 the word “include” and inserting the words “consist of” in lieu thereof. 7. By deleting clause 5.5.1 (b) and inserting, the following in lieu thereof: “(b) Subject to clause 5.12, an employee promoted to a position at a higher Classification Level within the same stream shall be appointed to Paypoint (1) of that higher Classification Level.”. 8. By inserting a new clause 5.5.1(e) as follows: “(e) An external applicant (that is an applicant who is not an employee subject to this Award) who is appointed to a position may be appointed to any paypoint within a Level, based on recognition of skills, knowledge and abilities.”. 9. By inserting a new clause 5.5.1(f) as follows: “(f) Provided that an employee re-employed by a department within 12 months and whose previous employment as a public service officer or employee was terminated other than by way of disciplinary action, shall have their previous service as an officer/employee counted for the purpose of determining their commencing paypoint and calculation of their salary increment.”. 10. By deleting from clause 5.10.1 the words and numbers “Sections 1, 5, 7, 9, 10 and 12” and inserting the words and numbers “Sections 1, 3, 4 and 5” in lieu thereof. 11. By deleting clause 5.10.3(f) and inserting the following in lieu thereof: “(f) Clause 6.4.9 applies when an employee has actually worked in excess of 2 hours on one or more call outs: Provided the provisions of clause 5.10.3 shall not apply to employees covered by Sections 1, 4 and 6 of schedule 3.”. 12. By inserting a new clause 5.10.9 as follows: “5.10.9 Laundry allowance All employees who are required to launder at their own expense departmental items shall be paid the following allowances in addition to the ordinary rate of pay: Lab coat or overall 60 cents per item Pillow cases, tea towels or bath mats 25 cents per item Quilt or bBlanket 40 cents per item Bed sheet 30 cents per item Towels 25 cents per item”. 13. By inserting a new clause 5.10.10 as follows: “5.10.10 Motor vehicle allowance The conditions and entitlements of motor vehicle allowances paid to employees are prescribed under Directive 6/04 “Motor Vehicle Allowances”, as issued and amended by the Minister for Industrial Relations under section 34 of the Public Service Act 1996.”. 14. By inserting a new clause 5.10.11as follows “5.10.11 Court Attendance and Jury Service -- 3 of 14 -- 4 The conditions and entitlements for employees required to attend court as a witness or to undertake service as a juror are prescribed under Directive 5/01 “Court Attendance and Jury Service”, as issued and amended by the Minister for Industrial Relations under section 34 of the Public Service Act 1996.”. 15. By deleting from clause 5.12.2 the word and numbers “Directive 5/97” and “Directive 1/03” and inserting the word and numbers “Directive 1/04” in lieu thereof in each instance. 16. By deleting from clause 6.1.3 the words and numbers “Section 3, 10 and 12” and inserting the words and numbers “Sections 3, 9, and 11” in lieu thereof. 17. By deleting clause 6.1.6 and inserting the following in lieu thereof: “6.1.6 Starting and finishing times may be altered to suit geographic, safety, climatic or traffic conditions by the employer with the agreement of the majority of employees concerned. Any such altered starting and finishing time will not invoke any penalty payment that would be payable if the Award spread of hours were observed.”. 18. By inserting a second paragraph into the preamble to clause 6.2 as follows: “The employer is to allow access to at least one rostered day off in any work cycle, except where the employer and employee otherwise agree.”. 19. By inserting a new clause 6.2.4 as follows: “6.2.4 The provisions of clause 6.2 shall not apply to employees covered by Section 1 of Schedule 3.”. 20. By deleting from clause 6.3.1(f) the words and numbers “Section 1 of Schedule 3” and inserting the words and numbers “Sections 1 and 9 of Schedule 3.” in lieu thereof. 21. By deleting from clause 6.4.1 the words and numbers “Sections 1 and 9” and inserting the word and number “Section 1” in lieu thereof. 22. By deleting from clause 6.4.10 the words and numbers “Sections 14 and 17” and inserting the words and numbers “Sections 6, 8 and 10” in lieu thereof. 23. By deleting from clause 6.5.1 the words and numbers “Sections 1 and 2 of Schedule 3 or Section 7, 8, 9, 10 and 12 of Schedule 5” and inserting the words and numbers “Section 1 of Schedule 3 or Sections 6, 7, 8, 9 and 11 of Schedule 5” in lieu thereof. 24. By deleting from the second paragraph of clause 6.7.2 (b) the words and numbers “Sections 1 and 2 of Schedule 3” and inserting the words and numbers “Sections 1 and 9 of Schedule 3” in lieu thereof. 25. By deleting from the third paragraph of clause 6.7.2(b) the words and numbers “Sections 8 and 10” and inserting the word and number “Section 5” in lieu thereof. 26. By deleting from clause 7.1.1 the words and numbers “Sections 1, 5, 9, 10 and 12 of Schedule 3” and inserting the words and numbers “Sections 1, 4 and 5 of Schedule 3” in lieu thereof. 27. By deleting from clause 7.1.1 the words and numbers “Section 7 of Schedule 5” and inserting the words and numbers “Section 6 of Schedule 5” in lieu thereof. 28. By deleting clause 7.1.3, and insert the following in lieu thereof: “7.1.3 Calculation of annual leave pay In respect to annual leave entitlements annual leave pay (including any proportionate payments) shall be calculated as follows: (a) Shift workers (other than continuous shift workers) – Subject to clauses 7.1.3(c) and (d) the rate of wage to be paid to a shift worker (other than a continuous shift worker) shall be the rate payable for work in ordinary time according to the employee’s roster or projected roster, including Saturday, Sunday or public holiday shifts. (b) Continuous shift workers - Subject to clauses 7.1.3 (c) and (d) the rate of wage to be paid to a continuous shift worker shall be the rate payable for work in ordinary time according to the employee’s roster or -- 4 of 14 -- 5 projected roster, including Saturday, Sunday or public holiday shifts, or the ordinary time rate (excluding the projected roster) plus 27½ % leave loading, whichever is the higher. Clause 7.1.3(b) has been inserted as a result of an application to amend this Award arising from the decision of the Full Bench of the Commission on 30 June 2004 (and published at (2004) 176 QGIG 509) to move to declare Industrial Agreements obsolete. Given the origin of clause 7.1.3 (b) the provisions contained within it are not to be used as a precedent for any other matter whatsoever. (c) All employees - Subject to clauses 7.1.3(d), in no case shall the payment by an employer to an employee be less than the sum of the following amounts: (i) The employee's ordinary wage rate as prescribed by the Award for the period of the annual leave (excluding shift premiums and week-end penalty rates); (ii) A further amount calculated at the rate of 17.5% of the amounts referred to in clause 7.1.3(c)(i). (d) Clause 7.1.3(c) shall not apply to any period or periods of annual leave exceeding: (i) 190 hours in the case of employees employed on continuous shift work; or (ii) 152 hours in any other case.”. 29. By deleting clause 7.6 and inserting the following in lieu thereof: “7.6 Special leave All employees (other than casuals) shall be entitled to the following provisions as prescribed in Directive 10/01 made under section 34 of the Public Service Act 1996, existing at the date of this Award and as amended from time to time:  Floods, Cyclones, etc;  Attendance at emergency management courses;  Attendance at emergencies;  Blood donors;  Pre-retirement seminars;  Election leave;  Local government leave;  Declared emergency situation or state of disaster;  Reserve forces training.”. 30. By deleting from clause 8.1 the words and numbers “Sections 1, 3, 4 and 8 of Schedule 3” and inserting the words and numbers “Sections 1 and 2 of Schedule 3” in lieu thereof. 31. By deleting from clause 8.1 the words and numbers “Section 12 of Schedule 3” and inserting the words and numbers “Section 6 of Schedule 3” in lieu thereof. 32. By deleting Schedule 1 and inserting the following in lieu thereof: “SCHEDULE 1 STREAM ALLOCATION AND INDUSTRIAL ORGANISATION COVERAGE The position titles allocated to the Administrative and Operational Streams and listed hereunder may be re- designated/re-named at the departmental level. Award coverage continues to apply where the principal role of the original position is to be performed. Administrative Stream – Allocation to this stream consists of – Stream allocations Relevant Union Covered by Previous Awards/Agreements Subsumed by this Award Department of Main Roads See clause 1.3.3 (c) -- 5 of 14 -- 6 Senior Inspecting Cost Clerks ) Inspecting Cost Clerks A ) Inspecting Cost Clerks B ) Senior Cost Clerks ) Cost Clerk Grade A ) Cost Clerk Grade B ) Cost Clerk Grade C ) Cost Clerk Grade D ) QPSU Time Keepers A ) Time Keepers B ) Time Keepers C ) Time Keepers D ) Senior Trainee Cost Clerk or Timekeepers ) Junior Trainee Cost Clerk or Timekeepers ) Previously award-free Department of Communities Resource Worker QPSU Department of Education and the Arts School Liaison Officer ) Youth Counsellor ) Priority Country Area Program Liaison Officer ) QPSU Parent Development Officer ) Department of Main Roads Store Manager QPSU Operations Support Clerk QPSU Operational Stream – Allocation to this stream consists of – Stream allocations Relevant Union Covered by Previous Awards/Agreements Subsumed by this Award Disability Services Queensland See clause 1.3.3 (d) Gardener ) Head Gardener ) Laundryperson ) Domestic ) Sewer ) AWU Assistant Gardener ) General Hand ) Head Laundryperson ) Sewer in charge ) Housekeeper ) Department of Education and the Arts See clause 1.3.3 (e) Chief Cook ) Second Cook ) Qualified Cook ) LHMU Cook ) (AWU North of Singlehand Cook ) 24-30 latitude) Kitchenhand ) Waiter ) House Attendant/Waiter ) House Attendant ) LHMU Steward ) Assistant Steward ) See clause 1.3.3 (k) Teacher Aide LHMU -- 6 of 14 -- 7 See clause 1.3.3 (l) Technician (Audio/Video/Maintenance) ) Theatre Technician ) Technical Assistant ) AWU Other Employee (Front of House Staff) ) Ticket Seller ) Technical Manager ) Lightperson ETU Department of Primary Industries and Fisheries See clause 1.3.3 (g) Foreperson (other than Foreperson, ) Animal Health Station, Yeerongpilly ) Senior Farmhand ) AWU Experienced Farmhand ) Farmhand ) See clause 1.3.3 (h) Farm Supervisor QPSU See clause 1.3.3 (a) Master “Lumaigul” ) Master “Warrego” ) MSG Master “Pelates” ) Department of Public Works, QBuild See clause 1.3.3 (i) Graded Foreperson (job) QPSU Various Departments See clause 1.3.3 (b) Head Gardener ) Gardener ) Groundsperson ) Senior Groundsperson ) Horticultural Assistant ) Horticultural Officer ) Horticultural Supervisor ) Industrial Estate Attendant ) QPSU Head Industrial Estate Attendant ) Storeperson ) Senior Store Worker ) Storeworker ) Inventory Officer ) General Service Officer ) Driver ) Forklift Driver ) See clause 1.3.3 (j) Caretaker ) Cleaner ) Cleaning Supervisor ) LHMU Janitor ) Lift Attendant ) See clause 1.3.3 (f) Security Officer LHMU Security Coordinator LHMU Previously award-free Department of Communities Chief Cook ) Cook ) AWU/LHMU Kitchenhand ) -- 7 of 14 -- 8 Maintenance Officer QPSU Support Officer QPSU Laundry Supervisor LHMU Domestic LHMU Department of Education and the Arts Agricultural Assistant Division I ) Agricultural Assistant Division II ) Unit Support Officer ) Computer Assistant ) QPSU Senior Computer Assistant ) Community Jobs Program Supervisor ) Kitchenhand ) Canteen Worker ) LHMU General School Worker (Torres Strait) ) Department of Employment and Training Agricultural Assistant ) Asset Services Officer ) General Hand ) General Worker ) QPSU Horticulture Assistant ) Operations Assistant ) Shop assistant ) Butcher LHMU Laundry Attendant LHMU Environmental Protection Agency Information Officer QPSU Building Services Officer QPSU Catering Officer LHMU Senior Operations Officer (Diving) AWU Department of Housing Stable Attendant LHMU Department of Justice and Attorney-General Bindery Operations Officer QPSU Department of Local Government, Planning, Sport and Recreation Recreation Camp Manager ) Centre Manager ) Relief Centre Manager ) QPSU Program Officer ) Operations Assistant ) Duty Officer ) Pool Supervisor LHMU Department of Main Roads Operations Officer ) Operations Assistant ) QPSU Operations Supervisor ) Department of Natural Resources, Mines and Energy Weed Control Supervisor ) Weed Control Operator ) AWU Dingo Fence Patrolperson ) Assistant Control Operator ) Control Operator ) Field Worker ) Assistant Inspector – barrier fences ) Senior Inspector – barrier fences ) QPSU Project Officer – barrier fences ) -- 8 of 14 -- 9 Operations Assistant ) Operations Officer ) Department of Police Police Liaison Officer ) Bandsperson ) QPU Queensland Aboriginal and Torres Strait ) Islander Police ) Assistant Watchhouse Officer ) Police Tracker AWU Stablehand LHMU Kennel Hand LHMU Bus Driver TWU Communication Room Operator QPSU Police Dog Instructor QPSU Department of Primary Industries and Fisheries Field Assistant ) Team Leader ) AWU Assistant Team Leader ) Department of Public Works Construction Manager ) Construction Co-ordinator ) QPSU Construction Supervisor ) Car Cleaner LHMU Department of Tourism, Fair Trading and Wine Industry Development Weighbridge Test Unit Operator QPSU Department of Transport School Crossing Supervisor LHMU/AWU Area Supervisor – school crossings AWU Busway Safety Officer QPSU Various Departments Workshop Foreperson QPSU Workshop Supervisor QPSU LHMU – Liquor, Hospitality and Miscellaneous Union, Queensland Branch, Union of Employees AMACSU – Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees AWU – The Australian Workers’ Union of Employees, Queensland ETU – The Electrical Trades Union of Employees of Australia, Queensland Branch FCUNQ – Federated Clerks’ Union of Australia, North Queensland Branch, Union of Employees MSG – Merchant Service Guild of Australia, Queensland Branch, Union of Employees QPSU – The Queensland Public Sector Union of Employees QPU – Queensland Police Union of Employees TWU – Transport Workers’ Union of Australia, Union of Employees (Queensland Branch).”. 33. By deleting Schedule 2 and inserting the following in lieu thereof: “SCHEDULE 2 DAILY SPREAD OF HOURS Previous Award and Agreement Coverage Calling Daily Spread Of Hours -- 9 of 14 -- 10 Boarding House, Etc., Employees Award – South Eastern Division Porter/Yard Worker 6.00 a.m. – 7.00 p.m. Domestic and General Staff Award – Halls of Residence – State Government Chief Cook Second Cook Qualified Cook Cook Single Hand Cook Kitchenhand Waiter House Attendant/Waiter House Attendant All other employees 5.00 a.m. to 9.00 p.m. Employees Employed on Motor Vessels Owned and Operated by the Fisheries Research Branch, Department of Primary Industries – Industrial Agreement Master “Gwendoline May” Mate “Gwendoline May” Master “Bar- Ea-Mul” Master “Lumaigul” Master “Sunbird/ Netuma” Master “Pelates” Boatperson 12 midnight to 12 midnight Miscellaneous Workers’ Award – State Government Cleaner attending work ) twice daily – for not ) more than 38 hours per week ) Cleaner attending work ) twice daily – for not more than ) 30 hours per Week ) 6.00 a.m. to 9.00 p.m. Nurserymen’s Award – State Nurseryhand 5.00 a.m. – 7.00 p.m. Teacher Aides, Department of Education Award – State Teacher Aides 12 midnight to 12 midnight Theatrical Employees’ Award – State 2003 Technician (Audio/Video/Maintenance) Theatre Technician Technical Manager Technical Assistant Other Employee (Front of House Staff) Ticket Seller Lightperson 8.00 am to 11.30 pm.”. 34. By deleting Schedule 3 and inserting the following in lieu thereof. “SCHEDULE 3 ADDITIONAL CONDITIONS APPLICABLE TO EMPLOYEES PREVIOUSLY COVERED BY THE FORMER AWARDS AND INDUSTRIAL AGREEMENTS All employees (including casuals unless specifically excluded) in callings under the relevant awards and industrial agreements as set out in clause 1.3.3 shall be entitled to the conditions as set out hereunder in accordance with their respective former award or industrial agreement: -- 10 of 14 -- 11 Section 1 – Employees Employed on Motor Vessels Owned and Operated by the Fisheries Research Branch, Department of Primary Industries – Industrial Agreement (1) Hours of duty (excluding casuals) – (a) Working hours shall be those that are necessary to effectively carry out the duties associated with the provision of services by the Department, but shall be an average of 38 hours per week. (b) Each employee shall be required to work no more than 30 days in each 6 week (42 days) work cycle. (c) The 12 days off each work cycle shall be allowed at a minimum of 2 consecutive days off in each instance, except in emergent circumstances or where there is mutual agreement between the employee and the employer. (d) When an employee is required to perform duty on any of the 12 days off in each work cycle, that employee shall be paid at the rate of double time for the actual time worked with a minimum of 4 hours: Provided that in lieu of payment and subject to mutual agreement, another ordinary working day may be substituted for the day off specified in clause (1)(c) above: Provided further that, where an employee is subsequently required to work on such substituted day, the employee shall be paid the penalties provided for in clause (1)(d) above. (2) Casual employees – (a) A casual employee shall be paid a daily rate in accordance with the following formula: (ORDINARY FORTNIGHTLY RATE) DAILY RATE = ( ) X 1.23 ( 10 ) (b) Each daily engagement shall stand alone. (c) The daily casual rate shall be payable irrespective of the number of hours worked in the day, and shall also compensate for all ordinary overtime, week-end work and work performed on public holidays. (3) Locality allowance (excluding casuals) (4) Travelling allowance (5) Annual leave (excluding casuals) (6) Leave for Study and Examination Purposes (excluding casuals) (7) Payments for ordinary overtime, work on week-ends and public holidays – No additional payments shall be made, as compensation is included in the salary rates payable under clause 5.9. (8) Victualling and accommodation – Whilst at sea or when away from the home base overnight employees shall also be provided with proper meals and accommodation. Further, employees shall be provided with bedding, soap, clean bed linen weekly and clean towels twice weekly. The employer shall be responsible for laundering of linen and towels. Section 2 – Cost Clerks and Timekeepers’ Award – State Government (1) Travelling Allowance (2) Transfer Expenses Section 3 – Award for Employees in the Intellectual Handicap Service – Department of Health (Part B Employees Only) (1) Leave for Study and Examination Purposes (excluding casuals) (2) Locality Allowance (excluding casuals) Section 4 – clause 55 – (Gardeners, Administrative Services Department and Queensland Department of Primary Industries) Part VI, Public Service Award – State -- 11 of 14 -- 12 (1) Recreation Leave (excluding casuals) (2) Leave for Study and Examination Purposes (excluding casuals) (3) Locality Allowance (excluding casuals) Section 5 – clause 61 – (Storepersons, etc., Administrative Services Department, TAFE-TEQ, Department of Lands, Department of Primary Industries, Department of Transport) Part VI, Public Service Award – State (1) Locality Allowance (excluding casuals) (2) Recreation Leave (excluding casuals) (3) Leave for Study and Examination Purposes (excluding casuals) (4) Overtime Meal Allowance, provided that in lieu of the qualifying period therein for work performed before or after ordinary starting and ceasing time, the following shall apply: (a) after 2 hours where such overtime commences before 6.00 p.m.; (b) after one hour where such overtime commences at or after 6.00 p.m. Section 6 – Graded Foremen (Department of Works) Award – State (1) Fare and Travelling Allowance and country allowance – as per the Building Products, Manufacture and Minor Maintenance Award – State 2003. (2) Tool allowance – Graded Foremen (Job), Grades III and IV shall be paid tool allowance as prescribed by the Building Products, Manufacture and Minor Maintenance Award – State 2003 when using their own tools. (3) Emergency employees – Employees engaged as emergency workers who are regularly rostered by the Department to hold themselves in readiness to perform overtime work at all hours shall be allowed one extra week’s leave exclusive of statutory holidays. (4) Emergency work – Employees called out on emergency work shall be entitled to payment for such work from the time of leaving home to commence that work until they return home from such work, but they must return home within a reasonable time. (5) Work during meal period – All work done during the recognised meal period shall be paid for at the rate of double time, such payment to continue until a meal period has commenced. Such meal period to be of the prescribed duration. Section 7 – Award for Certain Employees of the Department of Primary Industries Employed at Regional Experimental Stations, Research Stations and Animal Health Stations (1) Risk Allowance – Employees required to handle materials or animals infected with disease pathogenic to humans shall be paid an allowance of $14.20 per fortnight. (2) Wet conditions – (a) All time lost through wet conditions shall be paid for, provided the employees turn up for work and hold themselves in readiness. The supervising employee or employee who acts in the absence of that employee and under whose direction the employees are working, shall decide whether it is too wet to work: Provided that, when employees are prevented by wet weather from following their usual vocation, unless the employees are willing to perform any work the employer may direct them to do during such wet weather, they shall not be entitled to payment for such time lost. (b) Work in the rain – Where practicable suitable waterproof clothing shall be supplied by the employer to the employees who are required to work in the rain. Notwithstanding the foregoing, in the performance of work the employee gets their clothes wet, the employee shall be paid double time for all work performed and such payment shall continue until the employee is able to change into dry clothing or until that person ceases work, whichever is the earlier. -- 12 of 14 -- 13 Section 8 – Farm Supervisors (Department of Primary Industries) (1) Overtime – In addition to clause 6.4 (Overtime) the following shall apply: An employee may elect and at the discretion of the employer, to take equivalent time off in lieu of overtime in accordance with the conditions prescribed in Directive 08/03 made under section 34 of the Public Service Act 1996, existing at the date of this Award and any amendments thereto. (2) Wet conditions – (a) All time lost through wet conditions shall be paid for, provided the employees turn up for work and hold themselves in readiness. The supervising employee or employee who acts in the absence of that employee and under whose direction the employees are working, shall decide whether it is too wet to work: Provided that, when employees are prevented by wet weather from following their usual vocation, unless the employees are willing to perform any work the employer may direct them to do during such wet weather, they shall not be entitled to payment for such time lost. (b) Work in the rain – Where practicable suitable waterproof clothing shall be supplied by the employer to the employees who are required to work in the rain. Notwithstanding the foregoing, in the performance of work the employee gets their clothes wet, the employee shall be paid double time for all work performed and such payment shall continue until the employee is able to change into dry clothing or until that person ceases work, whichever is the earlier. Section 9 – Theatrical Employees’ Award – State 2003 (1) The ordinary working hours shall not exceed 7 hours and 36 minutes in any one day on 5 days in each week. (2) Meal allowance – Where, because of unforeseen circumstances, an employee is required to continue working beyond their usual finishing time for more than one hour and beyond specified meal periods, the employee shall be paid a meal allowance of $9.60, provided that such allowance shall not be payable where notice of intention to work overtime was given on the previous period of duty or earlier. Section 10 – Miscellaneous Workers’ Award – State Government (1) Caretakers may be required to perform unlock and lock up duties prior to and after ordinary working hours without extra remuneration. However, where premises are required to be kept open after 10.00 pm, the time occupied in closing and locking after 10.15 pm shall be paid for at the relevant overtime rates. (2) Where caretakers reside on-site, they shall not be deemed to be working on Saturdays or Sundays merely because of a requirement to open and close premises on such days.”. 35. By deleting Schedule 4 and inserting the following in lieu thereof: “SCHEDULE 4 OTHER PAYMENTS FOR WEEK-END WORK Employees in callings under the relevant awards and industrial agreements as set out in clause 1.3.3 shall be paid for all ordinary hours worked between midnight on Friday and midnight on Sunday as set out hereunder in accordance with their respective former award or industrial agreement: (1) Miscellaneous Workers’ Award – State Government * Between midnight Friday and midnight Saturday at one and a-half times the ordinary rate. * Between midnight Saturday and midnight Sunday at one and three-quarters times the ordinary rate. (2) Cost Clerks and Timekeepers’ Award – State Government * Between midnight Friday and midnight Saturday at one and a-half times the ordinary rate. * Between midnight Saturday and midnight Sunday at one and three-quarters times the ordinary rate. (3) Theatrical Employees’ Award – State 2003 -- 13 of 14 -- 14 * Between midnight Friday and midnight Saturday at ordinary time. * Between midnight Saturday and midnight Sunday at the rate of double time.”. 36. In Schedule 5 (Special Conditions Affecting Previously Award Free Employees): (a) by inserting in the heading to Section 1 after the word “Supervisors”, the words “ Department of Transport”. (b) by inserting in the heading to Section 2 after the word “Officers”, the words “ Department of Education and the Arts”. (c) by inserting in the heading to Section 3 after the word “Officers”, the words “ Department of Education and the Arts”. (d) by inserting in the heading to Section 4 after the word and bracket “Centres)”, the words “ Department of Education and the Arts”. (e) by inserting in the heading to Section 5 after the word “Stablehands”, the words “ Department of Police”. (f) by deleting Section 6. (g) in Section 10, by deleting provision (4) Motor Vehicle Allowance. (h) in section 11, by deleting provision “(2) Motor Vehicle Allowance” from the Operations Officers group, and by deleting the Development Control Officers group. (i) in Section 15, (i) by deleting the heading to Section 15 and inserting the following in lieu thereof: “Section 15 – Recreation Camp Managers – Department of Local Government, Planning, Sport and Recreation”. (ii) by deleting provision (6); (iii) by deleting provision (7)(c), and inserting new provisions (c) and (d) “(c)The daily casual rate shall be payable irrespective of the number of hours worked in the day, and shall also compensate for all ordinary overtime and weekend work. (d) Work performed on public holidays shall be paid in accordance with the public holiday provisions contained in clause 7.9 of this Award.”. (iv) by renumbering provisions (7) and (8) as provisions (6) and (7) respectively. (j) renumber Sections 7, 8, 9, 10, 11, 12, 13, 14 and 15 as Sections 6, 7, 8, 9, 10, 11, 12, 13 and 14. Dated 31 January 2005. By the Commission, [L.S.] G.D. SAVILL, Industrial Registrar. Operative Date: 21 January 2005 Amendment – Updating provisions and arrangements in Schedules 1, 2, 3, 4, and 5. Released: 1 February 2005 Government Printer, Queensland The State of Queensland 2005. -- 14 of 14 --