Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland v Royal Automobile Club of Queensland [1996] QIRC 815 (1997) 154 QGIG 98

98 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETfE 10 January, 1997 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 144 application for variation Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland AND Royal Automobile Club of Queensland (No. 81948 of]996) ROAD SERVICE PATROLS A WARD - ROYAL AUTOMOBILE CLUB OF QUEENSLAND COMMISSIONER NUTTER 9 December 1996 VARIATION THIS matter coming on for hearing before the Commission at Brisbane on 9 December 1996, this Commission doth order that the said Award be varied a'i follows a" from the ninth day of December, 1996:- 1. By deleting clause 6 (Wage Rages) and inserting the following in lieu thereof:- "Wage Rates 6.( I) The weekly wage for Patrol Officers shall be as follows:- Per week $ Patrol Officer Grade 1 (Cadet)................................. .... .401.50 Patrol Officer Grade 1 (Qualified) ........................................ .433.20 Patrol Officer Grade 2 ............................................................. 445. 70 Patrol Officer Grade 3.. ............................ .................... . .. .454. IO Patrol Officer Grade 4 .......... ................. ............... 454.10 NOTE: The rates of pay in this Award or Industrial Agreement include the first and second $8 per week arbitrated safety net adjustments payable under the November 1994 State Wage Ca-.e decision. Increases made under previous State Wage Case Principles or under the current Statement of Principles are not to be used to offset arbitrated safety net adjustments. The first and second $8 per week arbitrated safety net adjustment may be offset to the extent of any other wage increase, whether an award increase, an overaward payment or an increa-.e by way of enterprise arrangement, receive.d since I February 1992. Pre February 1992 overaward arrangements are to be applied according to their terms. (2) Leading Hand Allowance - In addition to the rate for Patrol Officer Grade 4 as specified in subclause ( 1) hereof, Grade 4 Patrol Officers shall receive a leading hand allowance of $19 .14 per week for all purposes of the Award. (3) Shift Allowance -The weekly Shift Allowance payable to all Patrol Officers will be paid to compensate Patrol Officers for afternoon shiftwork and work performed in ordinary shift time at week-ends. Shift penalties vary between Grades I, 2 ru1d 3, 4. This variation occurs because of the different roster demands on the various grades of Road Patrol. TI1e shift penalty outlined below is paid in lieu of week-end penalty rates and shift penalty when on roster. GRADE I: 16.5%. GRADE 2: 17.5%. This reflects the increased mobility and roster availability of a Road Patrol at this Grade. GRADE 3 and 4: 20%. This amount reflects the ability of these Road Patrols to be fully utilised within the RACQ Roster as agreed from time to time. Should circumstances require a Patrol Officer being required to work permanent straight day shift Monday - Friday, he/she will not receive a shift allowance. ( 4) Disability Payment A Disability payment payable for all purposes of the Award to all Patrol officers will be $32.29 per week. This payment is in Heu of the following disabilities a.,;sociated with their work and the conditions under which it is perfonned other than those for which provision is made elsewhere in this Award: Wet, Hot or Noxious Gas Fumes Battery Work Dirty Work Repairing Unclean Vehicles Driving Motor Vehicles Drawing Trailers Working in Rain Working in Dangerous and Hazardous situations Working in Road Dust Working in Exhaust Fumes Providing Member Advisory Services Promoting RACQ Group Services on the Road and any other disability that may occur within the parameters of the occupation of Road Patrol. (5) Diviswnal and District Allowance.~ Employees in the Mackay Division shall be paid 90 cents per week and employees in the Eastern District of the Northern Division shall be paid $1.05 per week in addition to the above rates. (6) Guarantud Minimum Wage The rates of wages or salaries prescribed by this A ward in respect to adult employees or to employees who ore seniors are deemed to include and to be expressed by reference to the Guaranteed Minimum Wage declared for the time being and from time to time pursuant to the provisions of the Industrial Relations Act 1990, and unless otherwise ordered such wages and salaries are to be adjusted to accord with any variations to such Guaranteed Minimum Wage. Until further Order, the amount of the Guaranteed Minimum Wage deemed to be so included is as follows:-- Schedule Within the Southern Division, Eastern District Per week $ Adults ...................................................................................... 258.00 Elsewhere - Divisional and District parities to remain unaltered. (7) The parties acknowledge that this Award is a 'paid rates' Award.". 22220_1.DOC 10 January, 1997 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETfE 2. By deleting clause 23, and adding new clauses 23A and 23B as follows:- "Preference 23APreforence of employment under this Award shall be given to financial members of the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland.". "Anti-Discrimination 238(1) It is the intention of the parties to this Industrial Agreement to achieve the principal object in s. 3(k) of the Industrial Relations Act 1990 by helping to prevent and eliminate discrimination on the basis of sex, marital status, pregnancy, parental 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 obligations under the disputes avoidance and settling clause, the parties to the Industrial Agreement must make every endeavour to ensure that neither the Industrial Agreement provisions nor their operation are directly or indirectly discriminatory in their effects. (3) Nothing in this clause is to be taken to affect- (a) any different treatment (or treatment having different effects) which is specifically exempted under the Anti-Discrimination Act 1991; (b) an employee, employer or registered organisation, pursuing matters of discrimination, including by application to the Human Rights and Equal Opportunity Commission/Anti-Discrimination Commission; (c) the exemptions in ss. 29l(3)(a) and (b) of the Act". Dated this ninth day of December, 1996. By the Commission, [L.S.J E. EWALD, Industrial Registrar. Operative Date: 9 December 1996 Variation 2nd $8 SNA/Anti-Discrimination Released: 23 December 1996 99 -- 1 of 1 --