Federated Engine Drivers' and Firemens' Association of Australasia Queensland Branch, Union of Employees v Queensland Chamber of Commerce and Industry Limited, Industrial Organisation or Employers [1998] QIRC 476 (1999) 160 QGIG 11

10 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 8 January, 1999 8 January, 1999 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1997 - s. 127 application for variation Federated Engine Drivers' and Firemens' Association of Australasia Queensland Branch, Union of Employees (No. B1680 of 1998) AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation or Employers (No. B698 of 1998) CML CONSTRUCTION, OPERATIONS AND MAINTENANCE GENERAL AW ARD - STATE COMMISSIONER NUTTER VARIATION 14 December 1998 THIS matter coming on for hearing before the Commission at Brisbane on 14 December 1998, this Commission doth order, by consent, that the said Award be varied as follows as from the fourteenth day of December, 1998:- 1. By adding a new clause 2.9 to read as follows:- QGIG 8/1/99 -- 1 of 2 -- 12 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 8 January, l 999 "2.9 Jury Service (i) :f:mployees required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wage they would have received in respect of the ordinary time they would have worked had they not been on jury service. Employees shall notify their employer as soon as practicable of the date upon which they are required to attend for jury service, and shall provide their employer with proof of this attendance, the duration of such attendance and the amount received in respect thereof. (ii) Employees of the State of Queensland will be entitled to Jury Service in accordance with Regulation 62 of the Regulations made pursuant to the Public Service Management and Employment Act 1988 and any subsequent amendments thereto.". 2. In clause 3.4 (Occupational Superannuation) - (i) by deleting provision (d) of subclause (3) and inserting the following in lieu thereof:- "(d) 'Ordinary time earnings' (which for the purposes of the Supera11nuatiun Guarantee (Administration) Act 1992 will operate to provide a notional earnings base) shall mean the actual ordinary rate of pay the employee receives for ordinary hours of work including tool allowance, industry allowance, trade allowances, shift loading, special rates. qualification allowances (eg. First aid, laser safety officer), multi storey allowance, district/location allowance, piecework rates, underground allowance, award site allowances, asbestos eradication allowance, leading hand allowances, in charge of plant allowance and supervisory allowances where applicable. The term includes any regular overaward pay as well as casual rates received for ordinary hours of wort:. All other allowances and payments are excluded."; and (ii) by renumbering provisions (d), (e) and (f) of subclause (4) as provisions (e), (t) and (g) respectively and inserting a new provision (d) as follows:- ''(d) Civil Contractors Federation Superannuation Trust.". Dared this fourteenth day of December, 1998. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Operative Date: 14 December 1998 Variation Superannuation, Jury Service Released: 16 December 1998 8 January, 1999 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 13 -- 2 of 2 --