Ansett Transport Industries (Operations) Pty Ltd and Others v The Australian Workers Union of Employees, Queensland [1996] QIRC 786 (1997) 154 QGIG 96

96 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 10 January, 1997 ###ffl#####################ffl############################ QUEENSLAND INDUSTRIAL RELATIONS COMMISSION industrial Relations Act 1990 s.144 application for variation Ansett Transport Industries (Operations) Pty Ltd and Others AND The Australian Workers Union of Employees, Queensland (No. B2128 of 1996) OFF SHORE ISLAND RESORTS INDUSTRIAL AGREEMENT COMMISSIONER BOUGOURE VARIATION 3 December 1996 THIS matter coming on for hearing before the Commission at Brisbane on 3 December 1996. this commission doth order that the said Industrial Agreement be v~ed as follows as from the third day of December, 1996, unless otherwise mentioned:- l. By deleting paragraph five (5) of clause l .2 (Intention). 2. By deleting clause l .4 (Date of Operation) and inserting the following in lieu thereof:- "1.4DATE OF OPERATION This Agreement shall tak.e effect and have force of law within that area described in clause 1.3 (Agreement Coverage) as from the third day of December 1996 and shall remain in force for a period of three years from that date and thereafter until varied or rescinded. And this Commission doth order that any of the parties are to be at liberty to apply to this Commission as they may be advised.". 3. In clause 2.1 (Contract of Employment):- (a) by renumbering subclauses (2) to (5) inclusive as (3) to (6) respectively; (b) by inserting a new subclause (2) at as follows:- "(2) An employee shall, on or prior to commencing employment, also be provided with a copy of the 'OSIRIA Cooe of Conduct' which is an agreed document between the Employer parties to the Agreement and the Australian Workers' Union of Employees, Queensland - designed to recognise the particular requirements of employment on and living on Off Shore Island Resorts the conditions of which shall form part of the employee's contract of employment."; and (c) by deleting the word "his" at subclause (4) and inserting the word "their" in lieu thereof. 4. In clause 3.1 (Definitions):- (a) by amending the definition for a "Nurse" at Section (C) (Guest Services Stream) by deleting dot point two under the words "indicative job functions at this level include" and inserting the following in lieu thereof: "• Provision of first aid services and/or nursing duties/services to guests and staff."; and (b) by deleting from Section (H) (Other Definitions) placitum (iii) ("Full Day Off') and inserting the following in lieu thereof:- "(iii) 'Full Day Off shall mean twenty four hours clear off duty, from the time an employee's ordinary shift finishes or ceases.". 5. In clause 3.4 (Annualised Wages):- (a) by deleting from subclause (I) paragraph (c), the word "should" and inserting the word "shall" in lieu thereof; and (b) By inserting a new subclause (4) as follows:- "(4) Live Sewer Work Allowance (A) Where an employee is directed to perform work necessitating direct physical contact with either raw sewerage (such a.'l that found flowing through sewer lines. d.Iains and pipes), or sewerage under treatment (such as the effluent contained within a sewerage treatment plant or similar) then such an employee shall be deemed to be working in direct physical contact with live sewerage and shall be paid 125% of the appropriate hourly rate for all time spent working in such conditions. (R) Where an employee is directed to perform work, in, around, above or below 'Raw Sewerage' or 'Sewerage Under Treatment' (as dcfired in subclause (A) above) and the only direct contact is via frequent 'splashes', then such employees shall be deemed to be working in direct physical contact with live sewerage and shall be paid 125% of the appropriate hourly rate for all time spent working in such conditions. (C) Subclauses (A) and (B) above shall not apply to work performed by Plumbers, Sewerage Treatment Plant Operators and Assistants, or any other employee engaged to principally carry out such work.". 6. By deleting subclauses(2) and (3) of clause 3.6 (Superannuation) and inserting the following in lieu thereof:~ "(2) For each eligible employee the Employer shall contribute into an approved superannuation fund a percentage amount of rhe employee's ordinary time earnings in accordance with the following schedule: Financial Payroll Under $1 Payroll Over $1 Year Million Million Per Annum Per Annum 1996-1997 6% 6% 1997-1998 6% 6% 1998-1999 7% 7% 1999-2000 7% 7%". 22220_1.DOC IO January, 1997 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 97 7. By deleting subclause (4) of clause 4.1 (Hours of Work) and inserting the following in lieu thereof:- "( 4) Three days notice of a rostered day on or a rostered day off shall be given by the Employer provided that rostered days on or off may be changed by mutual consent at any time.". 8. By deleting subclause (4) (Savings) of clause 4.4 (Part-Time Employees) and inserting the following in lieu thereof:- "( 4) S..avings No part time employee (engaged prior to 16 August 1993) shall suffer a reduction in wages or conditions as a result of the implementation of subclauses (I) and (2) above.". 9. By deleting from the third line of clause 4.6 (Rest Pauses) the word "his" and inserting the word "their" in lieu thereof. 10 In clause 5.1 (Annual Leave):- (a) By deleting the first paragraph of subclause (I) and inserting the following in lieu thereof:- "(!) Every employee (other than a casual employee) covered by this Industrial Agreement shall, at the end of each year of their employment, be entitled to an annual holiday on full pay of four weeks duration or pro-rata amount thereof."; and (b) by deleting from the fifth paragraph of subclause (1) the word "him" and inserting the word "them" in lieu thereof. 11. By deleting clause 5.5 (Parental Leave) and inserting the following in lieu thereof:- "5.5FAMILYLEAVE (I) Employees shall be entitled to take family leave in accordance with the provisions of the Family Leave Award - State, (published in 139 QGIG 179-184 and 150 QGIG 82-84) which applies to and is deemed to fonn part of this Agreement. (2) Provided lhat an Employer shall make available a copy of the aforementioned Family Leave Award - State upon request" 12. By deleting from paragraph 2 of clause 6.2 (Fares) the word "his" and inserting the word "their" in lieu thereof. 13. In clause 6.6 (Meals and Accommodation):- (a) by inserting a new third paragraph at subclause (I) as follows:- "As at I July 1996 the amount an Employer shall have the right to deduct from the wages of an employee provided with meals is $55.79 per week. This amount shall be adjusted on 1 July 1997 and each year thereafter in accordance with the movement of the food component of the Consumer Price Index, eight capital cities for the previous twelve month period."; and (b) by deleting subclause (2)(a) and inserting the following in lieu thereof:-- "(2) (a) Where accommooation is made available to employees (engaged after the first day of July 1993), the Employer shall have the right to. make the following deductions from the wages of the employee provided with accommodation:- -As At 1 July 1996 Island Per Week $ Hayman Island ........................................................................... 41 . Io Lindeman Island (Club Med) ............................................... 33.63 Brampton Island..................................................... ....... 33.63 Club Cr0eooile Long Island ..................................................... 33.63 Daydream Island...................................................... ........... 33.63 Heron Island .......... 33.63 Bedarra Island·:::::::::::::::::::::::::::::.::::::::::::::::::::::::::::: .............. 30.02 Island Per Week $ South Mole Island ...................................................................... 26.26 Dunk Island ................................................................................ 26.26 All Others..................................................... . ................ 22.58 Provided that such rates be adjusted on the first day of July each year in accordance with the movement of the 'All Groups' Consumer Price Index Classification: Weighted Average for Eight Capital Cities for the Previous Twelve Month Period.". Dated this third day of December, 1996. By the Commission, [L.S.J E. EWALD, Industrial Registrar. Operative Date: 3 December 1996 Variation clause modernisation Released: 18 December 1996 ------- -- 1 of 1 --