Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland v Thomas Borthwick & Sons (Australasia) Limited [1996] QIRC 814 (1997) 154 QGIG 93

10 January, 1997 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 93 ########################################################## QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 147 application for variation Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland AND Thomas Borthwick & Sons (Australasia) Limited (No. B1950 of 1996) MECHANICAL ENGINEERING AW ARD- STATE Thomas Borthwick & Sons (Australasia) Limited INDUSTRIAL AGREEMENT 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 the said Industrial Agreement be varied a~ follows as from the ninth day of December, 1996:- l. By deleting subclauses (a) and (g) of clause 7 and inserting the following in lieu thereof:- "Rates of Pay and Allowances 7. (a)(i) - Classification I. Tradesmen (Fitter, Electrician Blacksmith, Welder, Boilermaker, Industrial Plumber, Rate Per Day $ Carpenters, Bricklayers, Plasterers and Painters) 98.20 2. Boiler. flue or steam condenser cleaner 86.16 3. End loader and mobile crane (Under 5 ton lift) driver 86.36 4. Forklift driver 87.54 5. Riggerman 85.16 6. Pipe Lagger 82.66 7. Departmemal greaser and temperature or expansion man 8. Brine attendant or calcium and coil loft man 9. (a) Tradesmen's assistants (b) Engineers' storeman 10. All other labourers l l. Shift Engine Drivers First Class Second Class 12. (a) Regular watch-keeping engineers (b) Assistant watch-keeping engineers 13. Electrician Special Class 14. Scaffolder (Licensed) 15. Builders' Labourers (directly assisting the tradesman) 163583---8 84.32 82.32 84.32 84.72 82.14 95.60 90.78 98.08 9'.U0 103.02 80.66 79.82 Rate Per Week $ 491.00 430.80 431.80 437.70 425.80 413.30 421.60 411.60 421.60 423.60 410.70 478.00 453.90 490.40 466.50 515.10 403.30 399.10 Classification 16. Experienced Carton Freezer Attendant (Unsupervised) 17. Operator of overhead traversing hoisl (capacity 25 tonnes) Rate Per Day $ 87.62 85.76 Rate Per Week $ 438.10 428.80 (The foregoing rates for regular and assistant watchkeeping engineers are inclusive of an allowances specified in subclause (a) (iii), (b), (d), (e) and (f) of this clause). NOTE: The rates of pay in this Industrial Agreement include the first and second $8 per week arbitrated safety net adjustments payable under the November 1994 State Wage Case 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. This first and second $8 per week arbitrated safety net adjustments may be offset to the extent of any other wage increase, whether an award increase, an overaward payment of an increase by way of enterprise arrangement, received since l February 1992. Pre February I 992 overaward arrangements are to be applied according to their terms. (ii) Persons employed in any plant in the Northern District shall be paid an allowance of 21 cents per day in addition to the rate specified in subclause (i) hereof. 'Plants in the Northern District' include aH plants north of Rockhampton. (iii) The foregoing rates of pay include 'dirt money' and any money that may be payable under the 'extraordinary conditions' clause provided for in any State or Federal Award or Agreement (g) An employee apJXlinted as a leading hand shall be paid at the appropriate rate set out hereunder in addition to the ordinary rates prescribed by this Agreement for the classification in which he is employed and the amount so paid shall form part of his ordinary pay for all purposes of this Agreement. Per Week $ In charge of not more than 10 employees .............................................. I 5 .06 In charge of more than IO and not more than 20 employees .................. 22.82 In charge of more than 20 employees .................................................... 29.47 A leading hand who is not directly resJXlnsible to a staff supeIVisor with appropriate qualifications in the calling of the leading hand shall receive not less than the rate for a leading hand 'in charge of more than l O and not more than 20employees'.". 2. By inserting a new clause 29A (Anti-Discrimination) as follows:- "Anti-Discrimination 29A(l) 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, impainnent, 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 evel)' 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 I 991; (b) an employee, employer or registered organisation, pursuing matters of discrimination, including by application to the Human Rights 22220_1.DOC -- 1 of 2 -- 94 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE and Equal Opportunity Commission/ Anti-Discrimination Commission; (c) the exemptions in ss. 291(3)(a) and (b) of the Act.". Dated this ninth day of December, 1996. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Operative date: 9 December 1996 Variation - 2nd $8 SNA & Anti-Discromination Released: 23 December 1996 10 January, 1997 -- 2 of 2 --