Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers & Ors [2002] QIRC 164 (2002) 171 QGIG 337

8 November, 2002 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 339 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 125 – making, amending and repealing awards s. 126 – content of awards s. 129 – flow-on of certified agreements Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (No. B771 of 2002) SECURITY INDUSTRY (CONTRACTORS) AWARD – STATE COMMISSIONER BLOOMFIELD 28 October 2002 AMENDMENT THIS matter coming on for hearing before the Commission at Brisbane on 1 October 2002, 8 October 2002 and 23 October 2002, this Commission orders that the said Award be amended as follows as from 1 September 2002: 1. By inserting a new clause 4.2.6 as follows: “4.2.6 Wherever possible, available ordinary hours (not overtime) shall be offered to part-time employees before such hours are offered to casual employees. The employer will make relevant records, referred to in clause 10.2 available for inspection by the Union in order to monitor this requirement.”. 2. By deleting clause 4.4.1 and inserting in lieu thereof: “4.4.1 Rates of Pay – Part-time employees shall be employed for a minimum of 12 hours per week and be paid at the rate of 1/38th of the weekly rate of wages prescribed by the appropriate classification per hour, with a minimum payment as for 4 hours on any day when work is performed. Such employees shall be further entitled to the weekly allowances prescribed in clause 5.3 in their entirety and shall also be entitled to the uniform provisions prescribed in clause 9.2.”. 3. By deleting clause 4.5.1 and inserting in lieu thereof: “4.5.1 Casual employees shall not be employed for more than 32 ordinary hours in one week: Provided that where a casual employee relieves a permanent employee on paid or unpaid leave, the casual employee may be employed for up to 37 ordinary hours per week.”. 4. By inserting a new clause 5.1.2(l) as follows: “(l) Operation and monitoring of equipment which treats waste water.”. 5. By deleting clause 5.1.6 and inserting in lieu thereof: “5.1.6 All employees – The minimum weekly wage payable to employees in the Southern Division (Eastern District) shall be as follows: Classification level Wages Per week From 01/09/2002 $ Security Officer Level 1 470.80 Security Officer Level 2 488.80 Security Officer Level 3 501.40 Security Officer Level 4 514.00 Security Officer Level 5 538.70 -- 1 of 4 -- QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 8 November, 2002 340 Classification level Wages Per week From 01/09/2003 $ Security Officer Level 1 489.65 Security Officer Level 2 508.35 Security Officer Level 3 521.45 Security Officer Level 4 534.55 Security Officer Level 5 560.25 Classification level Wages Per week From 01/09/2004 $ Security Officer Level 1 509.25 Security Officer Level 2 528.70 Security Officer Level 3 542.30 Security Officer Level 4 555.95 Security Officer Level 5 582.65 NOTE: The above rates include safety net adjustments of $8.00 per week and $10.00 per week. They also include increases of 5% (effective 19 January 1998), 4.5% (effective 19 January 1999), 3% (effective 20 March 2000), 3% (effective 20 March 2001), 4% (effective 1 September 2002), 4% (effective 1 September 2003) and 4% (effective 1 September 2004). The above rates are not to be adjusted for State Wage Case increases which have been, or may be, awarded by the Queensland Industrial Relations Commission in 2002, 2003 or 2004. The percentage based increases are as a result of special cases B1521 of 1994, B1658 of 1999 and B771 of 2002.”. 6. By deleting clause 5.3.1 and inserting in lieu thereof: “5.3.1 Where an employee is licensed, and required by the employer to carry a gun, any licence fee, paid by the employee, shall be reimbursed by the employer upon production of a receipt, or alternatively the employee is to be paid the following allowance: Per week From 01/09/2002 Per week From 01/09/2003 Per week From 01/09/2004 96 cents $1.00 $1.04”. 7. By deleting clause 5.3.2 and inserting in lieu thereof: “5.3.2 Supply of torches and batteries – The employer shall either provide suitable torches and batteries as required (such items to remain the property of the employer) or, alternatively, shall pay to the employee the following allowance to provide this equipment: Per week From 01/09/2002 Per week From 01/09/2003 Per week From 01/09/2004 $5.96 $6.20 $6.45”. 8. By deleting clause 5.3.3 and inserting in lieu thereof: “5.3.3 Leading hand allowance – An employee other than security guard (control room operator) who is appointed as leading hand, or required to perform the duties of a leading hand, shall be paid the following allowance: In charge of: Per week From 01/09/2002 Per week From 01/09/2003 Per week From 01/09/2004 Up to 15 employees $10.40 $10.80 $11.25 More than 15 employees $15.60 $16.20 $16.85 This allowance shall be deemed to be part of the ordinary weekly wage for all purposes of the Award.”. 9. By deleting clause 5.3.4 and inserting in lieu thereof: “5.3.4 Shift leader – A security guard (control room operator) who is appointed as a shift leader or required to perform the duties of a shift leader and is required to direct other employees on that shift, shall be paid the following allowance: Per week From 01/09/2002 Per week From 01/09/2003 Per week From 01/09/2004 $19.05 $19.80 $20.60 This allowance shall be deemed to be part of the ordinary weekly wage for all purposes of the Award.”. 10. By deleting clause 5.3.5 and inserting in lieu thereof: “5.3.5 Broken Shift – Employees working a broken shift will, in addition to all other entitlements, be paid the following allowance for each such shift worked: Per week From 01/09/2002 Per week From 01/09/2003 Per week From 01/09/2004 $8.85 $9.20 $9.55 A casual employee will be paid this allowance where such casual employee has 2 engagements on any one day. For the purpose of this clause, a “broken shift” is defined as a shift where the second period of duty commences between one and three hours after the actual finishing time of the first period of duty.”. -- 2 of 4 -- 8 November, 2002 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 341 11. By deleting clause 5.3.7 and inserting in lieu thereof: “5.3.7 First aid allowance – Where an employee is required to possess and utilise the following qualifications, such employee shall receive the following allowance: Per week From 01/09/2002 Per week From 01/09/2003 Per week From 01/09/2004 Senior First Aid $7.30 $7.60 $7.90 Senior First Aid & Defibrillation Certificate $10.40 $10.80 $11.25”. 12. By deleting clause 5.3.8 and inserting in lieu thereof: “5.3.8 Dog handling – An employee required to own, maintain and use a dog in the course of their duties shall be fully reimbursed by the employer for all expenses or paid in lieu thereof the following allowance: Per week From 01/09/2002 Per week From 01/09/2003 Per week From 01/09/2004 $53.05 $55.15 $57.35”. 13. By deleting clause 5.3.9 and inserting in lieu thereof: “5.3.9 Mobile phone allowance – Where an employee is required to possess a mobile phone by their employer, the employer shall reimburse such employee the access fee and all work related calls or pay to the employee the following allowance in lieu thereof: Per week From 01/09/2002 Per week From 01/09/2003 Per week From 01/09/2004 $31.80 $33.05 $35.10”. 14. By deleting clause 5.3.10 and inserting in lieu thereof: “5.3.10 Civil construction disability allowance – Employees engaged as traffic controllers in, or in connection with, civil construction sites shall be paid the following allowance which shall be deemed to be part of the ordinary weekly wage for all purposes of the Award: Per week From 01/09/2002 Per week From 01/09/2003 Per week From 01/09/2004 $17.65 $18.35 $19.10”. 15. By inserting a new clause 5.3.11 as follows: “5.3.11 Where an employee is required by the employer to travel to a location other than the site they are rostered to work, they must be paid either: (a) an allowance of $15.60 per shift in lieu of ordinary hours spent travelling; or (b) for the time spent in such travel. Provided that an employer must choose to pay all relevant employees according to clauses 5.3.11(a) or 5.3.11(b) by 30 December 2002 or within 2 months of becoming bound by this Award. Such election once made cannot be changed.”. 16. By inserting a new clause 5.3.12 as follows: “5.3.12 Fire arm allowance – Employees required to carry and wear a firearm shall be paid a flat allowance of 77 cents per hour.”. 17. By inserting a new clause 5.4.5 as follows: “5.4.5 Wage Packaging (a) Employees may nominate, by agreement with the employer, an amount of money or a percentage of their wage by which their wage will be reduced, and by which the employer’s superannuation contribution on behalf of that employee will be increased. The nominated amount takes effect from the commencement of the following pay period and can only be altered once per calendar year, unless the employer and employee agree otherwise. The arrangement may be terminated by either party on giving notice of one clear pay period. (b) The employee’s wage for all purposes other than taxation, including severance and termination payments will be the gross wage which the employee would receive if they had not made the nomination in clause 5.4.5(a).”. 18. By deleting clause 6.3.6 and inserting in lieu thereof: “6.3.6 All overtime worked by an employee on Sunday or on a rostered day off shall be paid for at the rate of double time with a minimum payment as for 2 hours work: Provided this minimum shall not apply in respect to overtime worked at the conclusion of an ordinary shift, nor in respect of overtime which is continuous with overtime commenced on the previous day.”. 19. By inserting a new clause 7.8 as follows: “7.8 Unpaid Leave Where any accrued annual and long service leave have been exhausted an employee may apply for unpaid leave and the employer, at its sole discretion taking account of operational requirements, may grant the leave.”. -- 3 of 4 -- QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 8 November, 2002 342 20. By deleting 9.1.1(a) and inserting in lieu thereof: “(a) For motor vehicles up to 1.5L – A standing charge allowance of: (i) $133.00 per week plus a weekly amount calculated at the rate of 15.53 cents per kilometre (effective 1 September 2002); (ii) $138.32 per week plus a weekly amount calculated at the rate of 16.15 cents per kilometre (effective 1 September 2003); (iii) $143.85 per week plus a weekly amount calculated at the rate of 16.8 cents per kilometre (effective 1 September 2004); for the actual distance travelled by the vehicle each week in connection with the employee’s employment.”. 21. By deleting 9.1.1(b) and inserting in lieu thereof: “(b) For motor vehicles over 1.5L and up to 2.5L – A standing charge allowance of: (i) $143.50 per week plus a weekly amount calculated at the rate of 20.17 cents per kilometre (effective 1 September 2002); (ii) $149.24 per week plus a weekly amount calculated at the rate of 20.98 cents per kilometre (effective 1 September 2003); (iii) $155.20 per week plus a weekly amount calculated at the rate of 21.82 cents per kilometre (effective 1 September 2004); for the actual distance travelled by the vehicle each week in connection with the employee’s employment.”. 22. By deleting clause 9.1.1(c) and inserting in lieu thereof: “(c) For motor vehicles over 2.5L – A standing charge allowance of: (i) $175.00 per week plus a weekly amount calculated at the rate of 27.24 cents per kilometre (effective 1 September 2002); (ii) $182.00 per week plus a weekly amount calculated at the rate of 28.33 cents per kilometre (effective 1 September 2003); (iii) $189.30 per week plus a weekly amount calculated at the rate of 29.46 cents per kilometre (effective 1 September 2004); for the actual distance travelled by the vehicle each week in connection with the employee’s employment.”. 23. By inserting a new clause 9.1.1(d) as follows: “(d) When an employee is required to use their own car for part of a week only, such employee shall be paid on a kilometrage basis as follows: Per kilometre From 01/09/2002 Per kilometre From 01/09/2003 Per kilometre From 01/09/2004 Vehicles up to 1.5L 31.24 cents 32.49 cents 33.79 cents Vehicles over 1.5L and up to 2.5L 33.23 cents 34.56 cents 35.94 cents Vehicles over 2.5L 38.1 cents 39.63 cents 41.22 cents”. 24. By inserting a new clause 9.1.1(e) as follows: “(e) In all instances in clause 9.1, ‘actual distance travelled by the vehicle’ in connection with the employee’s employment shall mean to include that travelling to and from their place of residence for the purpose thereof.”. 25. By deleting clause 9.2.1 and inserting in lieu thereof: “9.2.1 Where employees are required by the employer to wear a uniform, a uniform issue consisting of 2 pairs of trousers, 5 shirts, a cap, and/or tie, shall be provided upon commencing employment: Provided that after 3 months employment, replacement of such uniforms when necessary shall be the responsibility of the employer or an allowance of $1.44 per week paid in lieu of such replacement.”. Dated 28 October 2002. By the Commission, Operative Date: 1 September 2002 [L.S.] E. EWALD, Amendment – Security Industry (Contractors) Award – State Industrial Registrar. Released: 29 October 2002 -- 4 of 4 --