Brisbane City Council v Federated Engine Drivers' and Firemens' Association of Australasia Queensland Branch, Union of Employees [1999] QIRC 209 (1999) 162 QGIG 138

138 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 8 October, 1999 ####### #######1#1###################################################################################################11####### QUEENSLA�D I NDUSTRIAL RELATIONS COMMISSION COMMISSIONER FISHER J,ufustrial Relations Act 1999- s. 125 - application to vary an award Brisbaue City Council AND Federated Engine Drivers' and firemens' Association of Australasia Queensland Branch, Union of Employees (Bl 768 of J 996) BRISBANE ClTY COUNCIL ENGINE DRIVERS' AWARD VARIATION 26 August I 999 THIS mauer coming on for hearing before the commission at Brisbane on 26 August 1999, this Commission doth order that the said Award be varied as follows:- Asfrom the twenty-si.xth day ofAugust, 1999 J. By insening a new clause 2.9 (Anti-Discrimination) a.s follows:- 8 October, 1 999 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 139 "Z.9A nti-Discrimina tion (I) It is the intention of the parties to this Award to achieve the principle object in s. 3(c) and (d) of the Jndustriol Relations Act 1999 by helping to prevent and eliminate discrimination on the basis of sex, marital status, pregnancy, pare ntal status, age, race, impairment, religion, political belief or activity, trade union activity, lawful sexual activity, and association with or relation to, a person identified on the basis of any of the above attributes. (2) Accordingly, in fulfilling their obligation s under the disputes avoidance and settling clause, the parties to the Award must make every endeavour to ensure that neither the Award provisions nor their operation are directly or indirectly discriminat0ry in their effects. (3) '.'lathing in this clause is to be taken to effect:- any different treatment (or treatment having different effects) which is specifically exempted under theAnti-Discri.mi.nation Act 1991; an employee, employer or registered organisation, pursuing matter of discrimination, including by application to the Human Rights and Equal Opponunity Commission/Anti-Discrimination Commission; • the exemptions in s. 291(3)(a) a.ad (b) of the Act.". 2. By deleting PART 3- DEFINITIONS, WAGES, ALLOWANCES excluding subclause 3.6 and insening the following in lieu thereof: "J'ART 3 - DEFINJTIONS, WAGES, ALLO WA1'11CES 3.1 Queensland Adult. Minimum Wage (1) No employee shall be paid Jess than the Queensland Minimum Wage. (a) The Queensland Minimum Wage for full-time adult employees not covered by subclause (3), is $373.40 per week. (b) Adults employed under the Supponed Wage Award - State shall continu e to be entitled to receive the wage rates de termined under that Award: Provided that such employees shall not be paid less than the amount determined by applying the percentage in the Supponed Wage Award - State applicable to the employee co ncerned to the amount of the minimum wage specified in subclause (2)(a). (c) Adults employed as pan-time or ca sual employ ees shall continue to receive the wage rates determined under the casual and part-time clauses of the Award: Provided that such employee s shall n ot be paid less than pro rata the minimum wage specified in subclause (2)(a) according to the number of hours worked. (2) Applicalfon of Queensland Minimum Wage Applies to Juniors (a) The wage rates provided for juniors by this Award continue to apply unless the amount de lermmed under subclau.se (2)(b) is gr eater. (b) The Queensland Minimum Wage for an employee 10 whom a junior rate of pay applies is determined by applying the percentage in the junior wage rates clause applicable to the employee concerned to the relevant amount in subclause (I). (3) Application of Queensland Minimum Wage to Special Categories of Employees (a) This clause has no applicatio11 to employe es undenaking a State Training Wage Award Traioeeship, an Australian Traineeship, a Career Star1 Traineeship, a Jobskills placement or an apprenticeship. (b) [Leave reserved for other special categories]. (4) Application of Queensland Minimum Wage to Award Rates Cakula tion The Quee.nsland l\·1inimum Wage:- (a) applies to all work in ordinary hours; (b) applies to the calculation of ovenime and all other penalty rates, superannuation, paymenis during sick leave, long service leave and annual leave. and for all other purposes of this Award: and (c) is inclusive of the arbitrated Safety Net Adjustment provided by the Declaration of General Ruling operative from I September 1998 and all previous Safety ,'iet and State Wage Adjustments. Note: Where the Award does not provide for one of the categories of employment in this 5ubclause, the provisions relating to the category will have no application. 3.2 Wages (I) The minimum rates of wages to be paid to the undermentioned classes of employees is as follows:- Classification Level Relativity Award Rate Per Week Plant Operator Grade I 96 448.50 Plant Operator Grade 2 JOO 465.20 Plant Ooerator Grade 3 105 486.J0 Plant Ooerator Grade 4 110 506.90 Plant Operator Grade 5 JJ5 527.80 ::ODMA\GRPWISE\QI RC-DOM.IRO-POJ.GENERALI :29676. l QGlG 8/J 0/99 -- 1 of 5 -- 140 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 8 October. 1999 (2) Mobile Crane Capacity Adjustment for every 5 tonnes in excess of 20 tonnes an amount of Sl.73 shall be added to the rate prescribed for P04. (3) The_rates of pay in this Award include the arbitrated Safety Net Adjustment payable under the 1 September 1998 Declaration of General Ruling and earlier Safety Net Adjustments. Where an employee has received a wage increase in excess of the total S34 Safety Net Adjustments made available srnce 1 February 1992, that increase may be set off against the wage rate prescribed in this A ward. The payments which may be set off include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award vanat1011s to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Case decisions or under the current Statement of Pnnciples, excepting those resulting from enterpnse agreements, are not to be used to offset arbitrated Safety Net Adjustments. Overaward Payment - 'Overaward' payment is defined as the amount which an employee would receive in excess of the minimum award wage as prescribed in this Award for the classification in which such employee is engaged which applied immediately prior to the date of operation of this vanat10n: Provided that this definition shall exclude overtime, shift allowances, penalty rates, expense related allowances, industry allowances, disabilitv allowances, vacation allowances, special rates or allowances, responsibility allowances. or any other ancillary payments of a like nature described b� this Award. (4) The rates of pay in this Award include the Queensland Minimum Wage payable under the Declaration of General Ruling operative from 1 September 1998. Any mcrease arising from the insertion oHhe Queensland Mimmum Wage clause may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this A ward which are above the wage rates prescribed in the Award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, industrial agreements, Queensland workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. (5) The percentage relativities column relates to percentages applying before the application of the $8.00 arbitrated safety net adjustment made in accordance with the February 1994 Review of Wage Fixmg Principles." 3.3 Definitions of Key Concepts and Terms (1) 'Australian Vocational Training System' or • AVTS' refers to the new system of competency based training and certification being developed by the Employment and Skills Formation Council. The AVTS system is designed to expand the amount of vocational training in secondary schools. The Award recognises the future role of AVTS qualifications. (2) 'Certification' means the system of skills recognition and accreditation. (3) "Accredited course' or ·nationally accredited course· is a course which has been constructed to reflect a group of standards which the CTQ has endorsed as being appropriate combinations of skills to be available to the Council. (4) 'CTQ' means 'Construction Training Queensland'. CTQ shall be the recognised authority (for the purposes of this Award) responsible for <leveloping comp,�tency standards for consideration and endorsement by the National Training Board/Au.stralian National Training Authority and the provision of advice and assistance to State and Temtory Training Authorities m respect of matters relating to training in the Council and callings covered by this A ward, including but not being limited to: • competency standards • curriculum development • training courses • articulation and accreditation requirements both on and off the job on the job training guidelines, and assessment ,rnd certification arrangements. In relation to the development of standards for this Award, the CTQ may con.suit with other bodies or committees of a like nature lO ensure that consistent standards are maintained across industries. (5) 'Recognition of Prior Learning' or 'RPl,' means the formal recognition of skill attained through on-the-job experience and/or training and may include formal qualifications (such as overseas qualifications), which have hitherto been unrecognised. RPL principles are incorporated in both the competency standards and in the skills test:- developed by CTQ for the various levels of the career structure contamed in this Award. 3.4 Classification, Skill Recognition and Career Development (l) The a ward classification structure is designed to facilitate the improvement of the level of skills of the workforce and to provide a career path for all employees. It is drafted to achieve the objectives of the 1989 National Wage Case Principles. (2) Accordingly, each classification level builds upon the previous level so that the value of employees to the employer increases a, the employee progresses through the structure. Skills are built up in a sequential manner through job learnt skills and structured training and the new industrY training framework developed by CTQ reflects this intent. Under the new classification structure, an employee's skills are to be formally recognised, at all levels of the structure. Payment will he on the basis of the level of skills required to perform the work of a particular position or job offered by the Council. (3) Higher duties - Employees temporarily called upon to perform all, or a substantial part of a role at a higher grade, will attract a pay rate applicable to that grade provided they have undertaken work at that grade for a full working day. Work typically will be mdicated by the type of plant operated by the employee. 8 October, 1999 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 141 (4) An employees' work role will be outlined on a workplace statement. The workplace statement will be graded against the generic role and skill standard as specified rn the classification structure. (S) All employees will be attached to workplace statements. This will be either on an individual or group basis, dependant upon the nature of the role and the business needs. (6) An employer may direct an employee to carry out such duties as are within the limits of the employee's skill and competency. consistent with the classification structure of this Award, provided that such duties are not designed to promote de-skilling. (7) All directions issued by an employer shall be consistent with the employer's responsibilities to provide a safe and healthy working environment, in accordance with the Workplace Health and Safety Act 1995. (&) The parties to this award are committed to co-operating positively to increasing the efficiency, productivity and competitiveness of the Brisbane City Council, and to enhance the career opportunities and job security of its employees. (9) Introduction of new technology including specific plant not covered under the award classification to be negotiated between the parties. (l 0) The parties agree m principle that the new award skill level defimtions and agreed classification structures will be more suitable for the needs of the Brisbane City Council, generally more broadly based, more truly reflective of the different skill levels of the tasks now performed, and shall allow the employee to perform a wider range of duties where appropriate. For example, maintenance work on plant and equipment, truck driving, and general field/operational work, including supervising. This ability is limited 10 the extent of their training, accreditation and licencing requirements. (11)Appointment Process - Progression is based on appointment to a vacancy at a higher level through a selection process when vacancies occur or new roles are created. Employees are selected based on skill, knowledge, and personal attnbutes. as assessed against the selection criteria. Competency assessment will form part of an agreed skill evaluation process when appointments are being determined. 3.5 Classification Standards PLANT OPERATOR LEVEL 1 (P0l) Relativity to Tradesperson - 96% Work and Skill Range The range of work typically performed by employees i.s determined by the Council's business needs and skills of the employee. The specific work activities for a level one plant operator are indicated in the relevant workplace role statement. The type of work may include tasks of a non-trades nature which arc incidental or peripheral to the employees core function and facilitates the completion of the whole job required of the work team. Core Competences Plant operator level one competencies are consistent with the requirements of a Certificate II Civil Construction Plant/Civil Construction/Road Construction and Maintenance. Employees at this level may be required to operate the following equipment. • Hoist and Winch Driving A plant operator would be expected to have .successfully completed relevant structured training equivalent to 20 modules (inclusive of A VTS training) or have reached an equivalent skill standard as assessed m accordance with (RPL) recognition of prior learning prmciples. Indicative tasks, which an employee al this level may be required to perform include the following:- Is aware of BCC customer service standards and is able to sequence work to meet the business needs of the work team Performs non~trades maintenance of relevant plant machinery and equipment Applies Workplace Health and Safety standards within own role Calculates safe loads and stress factors Applies quality control techniques to their role and other roles ii required within the work team Assists in the provision of on the job training Interpret:, plan.sand drawings relevant to their role PLANT OPERATOR LEVEL 2 (P02) Relativity to Tradesperson - 100% Work and Skill Range The range of work typically performed by employees is determined by the Council's business needs and skills of the employee. The specific work activities for level two plant operator are indicated in the relevant workplace role statement. The tvpe of work may include tasks of a non-trades nature which are incidental or peripheral to the employees core function and facilitates the completion of �he whole JOb reqmred of the work team. ::ODMA\GRPWISE\QIRC-DOM.lRO-POl.GENERALJ:29676.IQGIG 8/10/99 -- 2 of 5 -- 142 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 8 October, 1999 Core Competencies Pant operator level two competencies are consistent with the requirements of a certificate III in Civil Construction - Plant or Civil Construction _ Road Construction and Maintenance. Employees at this level may be required to operate the following equipment:- • Hydraulic Mobile Platform • Pneumatic Tyred Tractor without powered attachments up to 74.SKw brake power • Pneumatic Tyred Tractor with powered attachments up to 37 K w brake power • Crawler Tractor with Powered attachments up to 2,721 kg shipping weight • Crawler Tractor without Powered attachments up to 4,536 kg shipping weight • Powered Vibrating Road Roller up to 4 tonne • Powered Road Roller up to 8 tonne • Pile Driving Machine • Contmuous Bucket Trencher • Tamper Paver up to 5 tonne • Profile Plainer 2,000cc and under Indicative task-, which an employee at thi.s level may be required to perform include the following: • Assists in the provision of on the job training • Applies 4uality control techni4ues to their role and other roks if required within the work team • Operates and maintains plant machinery and equipment • Interprets plans and drawmgs relevant to then role • Exercises measuring and calculation skills at a higher grade than POl • Applies Workplace Health and Safety requirements within immediate work team or on work site when required • Ensures customer satisfaction standards are maintained through the provision of services to meet customer needs rn the immediate work environment PLANT OPERATOR LEVEL 3 (P03) Relativity to Tradesperson - 1 05% Work and Skill Range The range of work typically performed hy employees is determined by the Council's husiness needs and skills of the employee. The specific work activities for a level three plant operator are indicated in the relevant workplace role statement. The type of work may mclude exercising advanced trades and non-trades skills relevant to the specific requirements of the work team at a higher level than (PO2) . Core Competencies Plant operator level three competencies are consistent with the requirements of successfully completing an additional three modules of relevant structured traming in addition to the skill requirements of (PO2). A plant operator at this level may be required to operate the followmg equipment:- • Grader up to 37Kw hrake power • Scraper Loader under l O cubic metres struck capacity • Excavator up to 15 tonne • Front-end or overhead Loader up to 2.25 cubic metres • Pneumatic Tyred Tractor without powered attachment over 74.5 and up to 112 Kw power • Pneumatic Tyred Tractor with powered attachment over 37 and up to 112 Kw power • Crawler Tractor without powered attachment over 18. 144 kg shippmg weight • Crawler-Tractor with powered attachment over 2,721 kg and up to 18,144 kg shipping weight • Powered Vibrating Road Roller over 4 tonne • Pneumatic Tyred Powered Road Roller over 8 tonne • Backhoe • Tamper Paver over 5 tonne and up lo 10 tonne • Profile Plainer over 2.000cc • .\1obile crane up to 15 tonnes Indicative tasks which an employee at this level may be required to perform include the following:- • Operates and maintains plant machinery and eqmpment • Exercises advanced trades and non-trade skills • Receives general supervision with team leader not regularly present on clearly defined work • Applies workplace Health and Safety requirements within the immediate work team or on a work site • Apply quality control techniques to their role and other roles if required within the work team • Interprets plans and drawings relevant to their role • Ensures customer satisfaction standards are mamtamed through the provision of services to meet customer needs rn the work team • Exercises measuring and calculation skills at a higher grade than (POl) • Provides on the job traming when required. 8 October, 1999 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 143 PLANT OPERATOR LEVEL 4 (P04) Relativity to Tradesperson - 110% Work and Skill Range Toe range of work typically performed by employees is determined by the Council's Business needs and skills of the employee. Toe specific work activities for a level four plant operator are indicated in the relevant workplace role statement. The type of work may include exercising precision trades or non trades skills relevant to the specific requirements of the work team at a higher level than (P03). Core Competencies Plant operator level four competencies are consistent with the requ1rement of successfully completing an additional three modules of relevant structured training in addition lO the requirement of (PO3). A plant operator at this level may be required to operate the following equipment:- • Grader over 37Kw brake power • Snaper loader over I O cubic metres struck capacity • Excavator over 15 tonne • Front-end or overhead Loader over 2.25 cubic metres • Pneumatic Tyred Tractor with powered attachment over 112 Kw brake power • Crawler Tractor with powered attachment over 18,144 kg shipping weight • Mobile crane 15-100 tonnes • Tamper Paver in excess of 10 tonne Indicative tasks which an employee at this level may be required to perform include the following:- • Operates and maintains complex plant machinery and equipment • Receives general supervision with team leader not regularly present, work may not be clearly defined • Applies Workplace Health and Safety requirements within the immediate workteam or on a work site • Applies quality control techniques to their role and other roles if re4uired within the work team • Interprets complex plans and drawings relevant to their role • Ensures customer satisfaction standards are mamtamed through the provis10n of services to meet customer needs in the work team including liaising and negotiating with customers to clarify requirements and potential needs. PLA�T OPERATOR LEVEL 5 (POS) Relativity to Tradesperson - 1 15% Work and Skin Range The range of work typically performed by employees 1s determrned by the business needs and skills for the employee. The specific work activities for a level five plant operator are indicated in the relevant w orkplace role statement. The type of work may include exercising high precision trade or operative skills at a higher level than (PO4) . Core Competencies Plant operator level five competencies are consistent with the requirements of .succe.-;.sfully completing an additional three module.-; of rdevant structured training in addit10n to the requirements of (PO4). A plant operator at this level may be required to operate the following equipment: Grader Final Trim Side Boom/p1pelayer over 220 Kw Indicative tasks which an employee at this level may be required to perform include the following: Opcrates and maintains plant machinery and equipment at a higher skills level than a (PO4). Receives general guidance with the team leader not regularly present on work that may not be clearly defined Applies Workplace Health and Safety requirements within the immediate work team or on work site Applies quality control techniques to their role and other roles if required with the work team Interprets complex plans and drawings relevant to their role Ensures customer satisfaction standards arc maintamed through thco provision of services to meet customer needs in the work team. Including liaising and negotiating with customers to clarify reqmrements and potential needs.". : :ODMA\GRPWISE\QIRC-DOMJRO-POl.GENERALl:29676 . l QGIG 8/10/99 -- 3 of 5 -- 144 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 8 October, 1999 3. By deleting subclause (4) of clause 4.2 (Overtime) and inserting the following in lieu thereof:- (4) (a) Rest Period After Perfornting Overtime Duty - Employees who work so much overtime between the terminat10n of their ordmary work on one day or shift, and the commencement of their ordinary work on the next day or shift that they have not at least ten consecutive hours off duty between these times; (b) Sundays and public holidays, not being ordinary working days without having had ten consecutive hours off duty in the fifteen hours preceding their ordinary commencrng time on their next ordmary day or shift: Provided further that this provision shall not apply to an employee required to work overtime which commences within the period of ten hours immediately preceding the ordinary commencing time on Monday or next ordinary working day after a public holiday and where the period of overtime worked is less than five hours. Shall subject to this subclause, be released after completion of such overtime until they have had ten (10) consecutive hours off duty without loss of pay for ordinarv working time oa:urring during such absence. If on the instructions of the Employer such an employee resumes or continues work without having had such ten (1� consecutive hours off duty, they shall be paid double rates until they are released from such duty for such period and they shall then be entitled to be absent until they have had ten (I 0) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. The provisions of this subclause shall apply in the case of shift workers who rotate from one shift to another as if eight (8) hours were substituted for ten (10) hours when overtime is worked:- (i) for the purpose of changing shift rosters; and (ii) where a shift worker does not report for duty; and (iii) where a shift is worked by arrangement between the employees themselves.", 4. By deleting clause 6,5 (Training Arrangements and Career Path Development) and inserting the following in lieu thereof: ··6.5Training (1) The parties to this Award recogmse that in order to increase the productivity and efficiency of the Council a greater commitment to training and skill development is required. The parties to this Award acknowledge the validity of dedicated Plant Operator roles in the nature of Council' s business and that Plant Operation in connect10n with Civil Construction and Maintenance work is an apprenticeship calling. The parties to this Award also agree that from the date of this variation to the Award, all future training of dedicated Plant Operators will be in accordance with the provisions contained in the Vocational Education, Training and Employment Act 199 J . Accordingly the parties commit themselves to: • Developing a more highly skilled and flexible workforce • Establishing a system to support competency based training for persons registered in apprenticeship callings • Providing employees with career opportumties through appropriate training to acquire additional skills • Promoting the greatest possible use of all of the skills which an employee has acquired (2) To facilitate the above objectives the Council shall, in co-operation with the consultative committee develop a training program consistent with:- • The size, structure and scope of the activities of the Council • The need to develop vocational skills relevant to the Council through courses conducted by accredited educational institutions and providers (3) Where, as a result of consultation in accordance with this clause it is agreed that additional traimng should be taken by the employee, that traimng may be taken either on or off the job: Provided that if the training is undertaken during normal working hours the employee concerned shall not suffer any loss of pay. The Council shall not unreasonably withhold such paid training leave. (4) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are contained in the employer' s technical library) incurred in connection with the undertaking of training pursuant to (2) above shall be reimbursed by the Council upon the production of evidence of such expenditure. : Provided that reimbursement shall b e subject t o the presentation o f reports of satisfactory progress, (5) Travel costs incurred by an employee undertaking training in accordanc e with this clause pursuant to (2) above which exceed those normally incurred travelling to and from work shall be reimbursed by the CounciL (6) Any disputes arising from the operation of this clause shall be subject to the dispute settlement procedure contained in clause 2,5 of the Award.", 5 . B y deleting the heading - "Translation Guidelines" and its following text from the Schedules. 6. By varying the Arrangement of Award as follows:- (a) by adding the following new provision to PART 2 - TERi\1S Ai�l) CONDITIO.\S OF EMPLOYME�T-- ··Aut1-Discrnrunation , ... ,.,., ...... ,,, .. ,,., .. ,,,, ... , .. , .. , ....... ,.,... ,, ..... ,. . ................ ,.,, .... ..... ,, .. ,,2.9" : 8 October, 1999 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (b) by deleting PART 3 • DEFINITIONS, WAGES, ALLOWANCES and inserting the following in lieu thereof: "PART 3 WAGES D EFINITIONS AND ALLOWANCES Queensland Minimum Wage . , ...... , , .. ,., .......... ,. ... ,, ............. ,, ........ ,,,, ..... ,, ... ,,, ......... .,.3.1 Wages ,,.,,,.,, ........ ,, ....... .... ,,,, .. , .. ,, ......... ,, .. ,, . ... ,, ..... , , .. ,,,,, ... ,,,,,,.,,,,,,, ..... ,, ... , , . . .. ,,.,, .... , ,.3,2 Definitions of Key Concepts and Terms .,. ... ., ... ,,.,, .... . , . ., . . , , .. ,,,,,. . .,,, ......... ,, . ., . . . .,.,,33 Classification, Skill Recognition and Career Development...,. ....... , , . , , ,,,,.,,.,, .. ,,.,. ..3A Classification Standards ......... ,..,, .... ,., ..... , .. ,.,,,... ,, ...... ,.,,, ... , .... ,.,,.,, .. ,, . ., .. ,, .. , ....... ,, .. ,,3.5 Allowances ,,,. .... .,,,,,. ......... ,, ......... ,. .. ,,, ... ,.,, ... ,,,,,. .. ,,,,,..,,,.,,,,.,, .. ,, .. .,,,,,, .... ,, .... ,, .... ,, .. ,,3.6": and (c) By deleting the second Schedule titled "Translation Guidelines.". As from the first day of September, 1 999 7. By deleting subclause 3.6 of PART 3 - DEFINITIONS, WAGES AND ALLOWANCES and inserting the following in lieu thereof:- "3.6AJ1owances 145 (1) (a) Construction, Reconstruction, .4lteration, Repair and/or Maintenance Work In addition to the rates prescribed by this Award all employees whilst actually engaged on :- (i) (ii) construction work (as defined herein); or construction, reconstruction, alteration, repair and/or maintenance work (as defrned herein) : on site shall be paid an allowance at the rate of S I 7.40 per week which shall be treated as part of the ordinary weekly wage for the purposes of this Award, to compensate for the following disabilities :- (i) (ii) (iii) (IV) (v) (vi) (vii) /viii) (ix.) climatic conditions where working in the open on all types of work; the physical disadvantages of having to climb stairs or ladders; dust blowing in the wind on construction sites; sloppy or muddy conditions; di!1y conditions; drippings from newly poured concrete; the disability of working on all types of scaffold other than a single plank or bosun ' s chair; the lack of usual amenities associated with factory work; and all other presented disabilities not specifically compensated or allowed for by any provision of this Award: Provided that an employee receiving payment pursuant to this clause shall not be entitled to any payment in relation to dirt money or work in wet places except in the case of employees working in water to a depth of 762mm or more: Provided further that employees shall not be entitled to this allowance where they are in receipt of an additional payment or disabilities allowance for specific projects, Construction Work For the purposes of this Award shall mean and include all work performed on site on the construction buildings, includmg the construction of additions to existrng buildings and the necessary alterations to existing buildings to make them conform to any new additions and the demolition of buildings, water towers, water mains, or reservoirs: the construction of, and/or the alteration of dams, barrages, weirs or similar structures, the construction of bridges, wharves, piers or J etties, overpasses, underpasses and conuete work incidental thereto; sewerage construction work: and the construction of pipe lines, culverts, box culverts, kerbing, channelling, roads, traffic islands, and concrete ornamental lakes and land reclamat10n and/or land deanng associated with estate developmc1nt and building construction. Construction, Reconstruction, Alteratzon, Repair and/or Maintenance Work - For the purpose of this Award shall mean and include all work performed on site on the construction, reconstruction, alteration, repair and/or mamtenance of pipe lines, culverts, box culverts, kerbing, channelling, roads, traffic islands, and concrete ornamental lakes and land reclamation, (b) Disabilitv Allowance - notwithstanding anything to the contrary contained in subclause (l)(a) of this clause, plant or equipment operators, other than those employed in workshops, shall be paid a disability allowance at the rate of $17A0 per week which shall be treated as part of the wc1ekly wage for the purposes of this Award, The aforementioned Disability Allowance shall be paid in lieu of the allowance5 which were prescribed in this Award for: Operators Burning-off Quarry Allowance Disability Allowance - Rubbish Dumps Driving Plant with Caravan attached The allowance prescribed herein is in recognition of all existing and future disabilities other than "Work in the Rain". The disability allowance prescTibed herein shall be maintained at a level equal to the amount prescribed in subclause (l )(a) of this clause. (2\ Work in the Rain Where practicable suitable water proof clothing shall be supplied by the employer to the employees who are required to work in the rain. Notwithstanding the foregoing, if in the performance of their work employees get their clothes wet, they shall be paid double time for all work performed, and such payment shall continue until they are able to change into dry clothing or until they cease work, whichever is the earlier. (3) First Aid A.llowance - Where an employer appoints an employee who holds an appropriate first-aid certificate as a first aid attendant. an additional $9.50 per week shall be paid on the basis of that employee performmg the role of a fast aid attendant for three (3) days or more. 2 1 2689-15 : :ODMA\GRPWISE\QIRC-DOYI.IRO-POJ ,GE.'.\ERALl :29676,l QGIG 8/1 0/99 -- 4 of 5 -- 146 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 8 October, 1999 1 (4) Travelling Allowance - In any case where employee s are required to Lravel in their own time to and from a worksite situate d within a radius of 50km of the Brisbane GPO, and such worksite is one other than the usual commencing depot or recognised centre (as indicated i n Schedule 1), a travelling allowance shall be paid to such employee o n the following basis:- (a) An amount of S 1 1.80 will be paid as a daily allowance to reimburse employees for the inconve nience of all extra time and extra cost involved in travelling to and from a worksit.e . ··Worksit e.. for the purpose of this clause shall mean any worksite of a temporary nature that does nOI afford the usually accepted Standard of permanent facilities and amenities. (b) Outside Radial Areas - Employees travelling daily to ajob outside the radial area shall be paid two hours at ordinary rates of pay. (c) Use of Private Vehicles D11ri11g Ordinary Working Hours -In any case where an employe e is dir ected by the employer to use their own vehicle to travel during ordinary working hours from worksite to worksite., they shall be paid 65 cents per kilometre for the acmal distance neoessarily travell ed. (d) Provided further, that wher e the job is over four we eks duration, the Council may tran.sfer the e mployee from one centre to another withooi payment of travell ing allowance other than any trave lling time involv ed on the day of transfer. (e) These travelling allowances specified at (a), {b), (c) will 001 apply whe n otherwise agreed be tween the parties and specified by way of a local agreement. (5) On Call Allowa11c e - An employee directed to stand by for emergency work outside ordinary working hours shall be paid $49.00 per week in addition to the rates prescribed herein for each week they are required to stand-by.". By the Commission. [L.S.] E. EWALD, lndu,1rial Registrar. Operative Date: 26 August and I September 1999 Variation - Definitions, Wages and Allowances Released: 27 September 1999 ################################il###-#####################ffl#######################/1####################################### 8 October, 1999] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 147 -- 5 of 5 --