Australian Building Construction Employees and Builders’ Labourers’ Federation (Queensland Branch) Union of Employees v Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers & Ors [2003] QIRC 38 (2003) 172 QGIG 1671

28 March, 2003 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1379 ########################################################################################################################## # QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 125 – application for amendment Australian Building Construction Employees and Builders’ Labourers’ Federation (Queensland Branch) Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (No. B1537 of 2002) BUILDING CONSTRUCTION INDUSTRY AWARD – STATE DEPUTY PRESIDENT SWAN COMMISSIONERS BROWN AND THOMPSON 13 March 2003 AMENDMENT -- 1 of 2 -- 1380 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 28 March, 2003 THIS matter coming on for hearing before the Commission at Brisbane on 19 February and 13 March 2003, this Commission orders that the said Award be amended as follows as from 18 October 2002: By deleting clause 2.2 and inserting the following in lieu thereof: “2.2 Casual Employment (1) A casual employee is one engaged and paid in accordance with the provisions of this clause. A casual employee shall be entitled to all of the applicable rates and conditions of employment prescribed by this Award except annual leave, personal leave, parental leave, jury service, public holidays and redundancy. (2) An employer when engaging a person for casual employment must inform the person in writing that the employee is to be employed as a casual, stating by whom the employee is employed, the job performed, the classification level, the actual or likely number of hours to be worked, and the relevant rate of pay. (3) A casual employee may be employed by a particular employer on a regular and systematic basis for any period not exceeding six weeks. If the employment is to continue on a regular and systematic basis beyond six weeks the employee must then be employed pursuant to clause 2.3 of this Award. (4) The provisions of clause 2.2(3) shall not apply to a casual employee who has been engaged by a particular employer to perform work on an occasional basis and whose pattern is not regular and systematic. (5) On each occasion a casual employee is required to attend work the employee shall be entitled to payment for a minimum of four hours’ work, plus the relevant fares and travel allowance prescribed by clause 3.7. (6) A casual employee for working ordinary time shall be paid 125 per cent of the hourly rate prescribed by clause 3.3(5)(a) for the employee’s classification. (7) A casual employee required to work overtime or weekend work shall be entitled to the relevant penalty rates prescribed by clauses 4.4 and 4.5, provided that: (a) where the relevant penalty rate is time and a half, the employee shall be paid 175 percent of the hourly rate prescribed by clause 3.3(5)(a) for the employee’s classification and; (b) where the relevant penalty rate is double time, the employee shall be paid 225 percent of the hourly rate prescribed by clause 3.3(5)(a) for the employee’s classification. (8) A casual employee required to work on a public holiday prescribed by clause 5.2 shall be paid 275 percent of the hourly rate prescribed by clause 3.3(5)(a) for the employee’s classification. (9) Termination of all casual engagements shall require one hour’s notice on either side or the payment or forfeiture of one hour’s pay, as the case may be.”. Dated 13 March 2003. By the Commission, [L.S.] E. EWALD, Industrial Registrar Operative Date: 18 October 2002 Amendment – Allowances Released: 18 March 2003 -- 2 of 2 --