Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Brisbane Market Trust [1995] QIRC 582 (1995) 150 QGIG 1198

1 I 98 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ IO November, 1995 ###################################################### QUEENS LA ND INDUSTRIAi. RELATIONS COMMISSION Industrial Relations Act I 990 s. I 47 - applicat ion for variation Austra lian Liquor, Hospitality and Miscellaneous Workers Union. Queensland Branch, L:nion or Employees AND Rrisbane Market Trnst (No BJ 550 of 199./j BRI S BANE MARKET TRliST - .MARKET OFFICERS I N Dl :sTR I AL AG REEMENT CH IEF I NDUSTRIAL COMMISSIONER HALL COMMISSIONERS BECIII.Y, 13LOOMFIEI.D VARIATlON 15 August 1995 TH1S matter coming on for hearing before the Commission at Brisbane on 9 March, 19 April, 1 and 20 June and I O and 18 July 1995, this Commission doth order that the said Industrial Agreement be varied as follows as from the fourth day of September, 1995:- 1. By inserting a new subclausc (4) in clause 2.1 (Contract of Employment) as follows:- · '(4)llpon appointment every emp loyee shal l be advised of their employment status as lo whether they are full-time pe rm anen t, part-time permanent or casua l employees.". 2. By de leting subclause (5) of clause 3. 1 (Definitions) and inserting the following in lieu thereof:- "(5)'Casua l Employee' shall mean an emp loyee who is engaged as such.". 3. By delet in g subc lause (I) of clause 3.6 (Payment of Wages) and inserting the following in lieu thereof:- "( I )All monies owing to an employee shall be paid on the same tlay every week by way of electronic funds transfer IO an account of the employee's choice, cheque or cash, at the discretion of the employer. but shall not be pa id on SaturJays or Sundays. The weekly pay day may be altered upon the gi ving of 14 days notice in writing to the employees and the un ion. No more than two days pay may be held by the employer.". 4. By deleting clause 4.1 (Hours of Work} and inserting the following in lieu thereof: -- " 4.1 Hours of Work ( I )(a) Subj ect to c lause 4. I J\ (lmplcmcntat,on of 38 Hour Week) and subject to the exceptions hereinafter provided, the ordinary hours of wo rk shall be an avcragt: of 38 per "eek. lo be worked on one of the following bases:- (i) 38 hours within a work cycle not exceeding 7 consecutive days; or (ii) 76 hours within a work cycle not exceeding 14 consecutive days: or (iii) i 14 hours within a work C) clc not exceeding 21 consecutive days; or (iv) 152 hours within a \.\,Ork cycle not exceed ing 28 consecutive days. (b) The ordinary hours of work prescribed for various categories of emp loyees and work group, covered by this Agreement. shall be worked in accordance with a roster agreed upon belween the union and lhc cmployt:r and shall be subject to the provisions of clause 4 . 1A. (2) The employer shall, by legible notice d ispla:,,ed at some place accessib le to the employees. notify 1he hours of commencing and ceasing work. Such hours. once notified. sha ll not he changed except by seven days no tice. (3) Changes of rosters shall onl) be made by giv ing the employee concerned seven days notice. c:-.cept in the fo ll owing cases:- wherc the employee in question genuinely agrees to a change: and where there is a genuine need for a change of roster; or in 1he case of an emergency. (4) The ordinar} hours of work prescribed herein shall not exceed ten hours on any day: ProYided that where the ordinary working hours arc to exceed eight on any day, the arrangement of hours shall be subject lo the agrecmelll of the employer and the majority of employees concerned."'. 5. By inserting a new clause 4.1 A (Implementation of 38 Hour Week) as follows :- r l JO November, I 9951 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1 I 99 ''4.IA I mp l ementa tion of38 H our Weck ( I) ·n1e 38 hour week shall be im plemented on one of the following bases, most suitable to the operation requirements afier consultation with and giving reasonable consideration to the wishes of the emp loyees:- (a) by employees working less than eight ordinary hours each day; or (b) by emp loyees working less than eight ordinary hours on one or more days each work cycle; or (c) by fixing one or more work days on which all employees will be off during a particular work cycle; or (d) by ros tering emp loyees off on various days of the week du ring a particular work cycle. so that each em ployee has one work day off du ring that cycle; or (e) by implementing subclause (5) hereof. (2) Subject to the provisions of subclause (4) of clause 4 .1 employees may agree that the ordinary hours of wo rk are to exceed eigh t 011 any day, thus enabl ing more than one work day 10 be taken off during a particular work cycle. (3) Notwithstanding any other provision in this clause, where the arrangement of ordinary hours of work prov id es for a rostered day of'L the employer and the employees concerned may agree to accrue up to a maximum of 12 rostered days off per annum. Where such agreement has been reached, the accrued rostcred days off shall be taken wi th in twe lve calendar months of the da te on wh ich the first rostered day off was accrued. Consent to accrue rostered days off shall not be unreasonably withhe ld by either party. (4) Different methods of implementation of the 38 hou r week may apply to indi vidual employees, groups or sect ions of employees. (5)(a} Where the employer and emp loyees so agree. such emp loyees sha ll continue to work a 40 hour week (in lieu of 38 ordinary hours) and shall he paid a spec ial allowance of 5% in addition to the prescribed rate of pa) . (b) The special allowance of 5% in (a) above shall be in li eu of any accrued rostercd time off. ( c) In the event that any agreed change is implemented to alter un ion or the nominee if the employees so request. I f the discu ss ion 111 respect to the absences does not provide satisfactory reasons fo r the absences, then a let1er of warning is to be seut to the employee and to the union. (e) If no improvement is obse rved in the next periotl, the employee is to be again interviewed (as in (d) above), and if the interview results in unsatisfactory reasons being given, then a second letter of warn in g is to be sent to the em ployee and n copy to tllc union. (f) Subject to the pro visions of the Ind ustrial Relations Ac, I 990, if th e above action s till resu lt s in unsmisfactory attendance at work then a final warning is to be given and if this is d isregarded then good grounds will have been es tablished fo r term ination of employment. (g) The above procedu1·e docs not operate to wi thdraw the employer's right to take termination action o r other disciplinary action against any emp loyee ifthal employee has bee n found guilty of fi lling out a false sick leave application fo rm and claiming sick leave pay when that person was not genu ine ly on sick leave. That is a matter re lating to fraudulent misrepresentation which may ju stify installl dismissa l. '' . 7. 13y deleting clause 6,6 and inserting the fo ll ow in g in lieu thereof:-- '·6.6 Suitable dressing accommodation sh all be provided by the employ er and time for changing c loth ing o r the emp loyees engaged in the industry must be excluded from the time se t ou t fo r the week's work. Cleaning materials shall not be kepi in the dressing room.''. 8. By deleting the words "one and a- ha! r hours'' from c lau se 6.8 and inserting the words ·' two and a-ha lf hours'· in lieu the reof. Dated this fificenth day of Augus t, 1995. By the Commission, (I S] RH. BLUMSOM. Industria l Registrar. Ope rative Dale: 4 September 1995 Variation - 38 Hour Weck Released: 30 October 1995 ordinary working time to a maximum of 38 hours pe r week the 5% ###################################################### loading shall be discontinued. (d) The 5% special allowance shal l be fo r al l purposes of the Award.". 6 By inserting a new subclause (5) '·Absenteeism Control Measure" in clause 5,3 (Sick Leave) as fo ll ows:- "(5)Absenteeism Control Measure (aJ Sick leave is unlike annua l or long service leave in that it is conditional upon an employee being ill or injured to the point of being unl1t for duty. It is an insurance to protect emp loyees and their fam ilies against ha rdsh ip shou ld employees be unable to continue in the ir normal occupation and should be only so utilised. (b) This procedure is designed to curta il sick leave abuse by employees who are absent from work and who arc not genuinely unfit for duty and is to ope rate notwithstanding the provisions of this clause. (c) At the end of each three (3) monthly period or such other period as agreed, the employer may revi ew the sick leave records with a view to establishing a list of employees whose record of attendance gives cause of reasonable concern. (d) Employees with an unsatisfactory record shall be interviewed by the employer in the presence of an official of the -- 1 of 1 --