Automotive, Metals and Engineering Industrial Union of Employees, Queensland v Brisbane City Council and Others [1994] QIRC 721 (1994) 147 QGIG 1688

- 1688 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE f23 December, 1994 ################################################ ###### # QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act I 990 s. 144 - application for variation Automotive, Metals and Engineering Industrial Union of Employees, Queensland AND Brisbane City Council and Others (No. D46 of 1994) EI\Cl l\EERl !'- G AWARD - STA TE COMMISS IONER FISHER 30 November 1994 VARIATION THIS matter coming on for heari ng before the Commission at Brisbane on 24 January, I 3 and 21 September, 5 and 11 October I 994. this Commission doth order that the said Award be varied as fo ll ows as from the eleventh day of October. 1994:- By deleting Schedule 3 and inserting the following in lieu thereof:- "Sched ule 3 Bri sbane City Coun c il This schedule gives effect to an agreement (by letter dated 17/ 11 / 1992) between the parties to rationalise allowances and ove raward components into a single overaward pay ment. I. Wages (a) The following rates of pay app ly to the employees of the Brisbane Ci 1y Council emp loyed under the tenns of this Award. 13516_ 1.DOC 23 December, 1994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1689 These rates represent the total ord inary rate of pay for each classification set out below. Additional payments in the fonn of allowances may be claimed, however only those allowances identified in clause 2 hereof are available to be claimed and on ly where the employee meet the prerequis ite conditions applicable to each such allowance. Wage Rates Apply:- For Departments and Divisions of the Council other than the Department of Water Supply and Sewerage. Wage Group C l 3 CIL .. . CI I ... ... C IO . C9 . C8 C7 ........................ ... ................ . C6 CS . C4 ..... C3 Wage Rate s . .. 43 1. 15 .... 43 6.15 ... . . 457. 05 ... 488 . 75 . .. ... .. ..... .. ..... .. .. 509.65 . 530.45 .551.35 .... 593.05 ........ .. . 613.95 .... 634 .75 ... ... 676.45 Wage Rates Apply:- For the De pa nment of Water Supply and Sewerage Wage Group Ct3 Wage Ra1e s .. 43 6.15 Cl2 .. .. ... . .. .. .... .... .... . ...... .. .. .. ... ...... . .. ................. 441.2 5 C l 1. ...... ...... ... .. .... ............. ..... 462. 15 CI0 ................ .. ... .......... .. ... .............. 493. 85 C9. .. ......... .. ........ ... .. ... . .. ... . 51475 C8 . ... .... .... ......... ...... .... .. ....... .. .......... . .. . 535. 55 C7 .. .. ........... . . .. 556.45 C6 .. CS C4. C3 ..... .. .......... .... 598. 15 2. Allowances .. 619.05 ... ..639.85 .. .. ....... .68 1.55 (a) Notwithstanding any other tenn or terms in any othe r part of this Award, the following allowances are the only allowances which may be claimed now or in the future by employees of the Brisbane City Council covered by this Award. (b) A1/owances ( I) One set of sui table work clothes. as agreed to from time to time by the Council and the Industrial Organisation, shall be supp lied to employees primarily engaged on Pipe Welding du ties every six months. (2) Shift workers when emp loyed on afternoon and night shifts sha ll be paid 15% exlra on the total ordinary hourly rate. (3) Leading /-lands - In addition to the wages prescribed by this subclause leading hands shall be paid the following additional rate: (i) W hen in ch arge ofle$S than JO employee.s . (i i) When in charge of more than 10 and not more 1h an Per Wee k $ . 18.50 20 emp loyees ... ......................... ......... .. .. . ....... .... .... 28 IO (i i i) When m charge of more 1han 1wen1 y employees ..... 36.55 This additional payment shall be regarded as pan of the wage of the employee concerned and shall be taken into consideration in the computation of overtime, payment for annual leave, sick leave, statutory holidays, week-end work etc. (4) Tool Allowance - as per the Award see Pan 3 Definition, Wages, Allowances, Clause 3.5 Allowances, Subclause (39). (5) Working in the Rain Allowance - where practicable suitable waterproof clothing shall be supplied by the employer to the employees who are required to work in the rain. Notwithstanding the foregoing where in the performance of work an emp loyee gets their clothes wet, the employee shall be paid double rates for all work so perfonned and such payment shall continue until the employee is able to change into dry clothing or until the employee ceases work, whichever is the earlier. (6) First Aid Allowance - an employee who ho lds an appropriate first-aid certificate and is appointed as a first-ai d attendant, an additional $8.50 per week, in which an employee works 3 days or more, shall be pa id to such employee. (7) Meal Allowance - as per the Award see Part 4 Hours of Work, Overtime, Clause 4.6 Meal Allowance. (8) Excep1ionally Dirty and Obnoxious Engineering Work Allowance - will be available in the followi ng circumstances: ' 'W here engineering tradesperson or trades assistant is required to carry out an engineering task, (such as re pairs including welding, fitting, machining on sewerage pumps, scrapers, pi pes, digesters, cen trifuges, motors, jetrodders and crusher plants), and comes into d irect physical contact with sewerage and in carrying out the repair under these conditions, encounters these conditions on at least 2 days per week, then a paymen t of$15.00 per week will be pa id to that employee." 3. General Conditions - A ll Employees ( I ) Working Agreed Day Off Employees working a fonnightly period of 9 consecutive working days, who are required to work on their ag reed day off: shall be paid the overtime rates prescribed for work on Mondays to Fridays in the Award. (2) Annual lea ve Calculations Calculation of such en ti tlements to annual leave of employees shall be in hours as agreed between the Industria l Organisation and the Brisbane Ci ty Council. (3) Calcula1ion of Monetmy Amoums Notwithstanding anything to the contrary in Lhis Award the followi ng shall apply in calculatin g the en titlements of employees in respect of any monetary amounts prescribed in this Award: (a) Any monetary amounts specified as applying on a per hour basis sh all be multiplied by the fraction 40/38. If expressed on a dai ly basis shall be multiplied by the fraction I 0/9 . {b) Any monetary amounts specified as applying on a rate per week basis shall be divided by 38 where it is necessary to determine an hourly rate in order to calculate an entitlement in respect to a part of a week. 13516_ 1.DOC -- 1 of 2 -- 16 90 QUEENSLAND GOVERNMENT IND US TRIAL GAZETTE [23 December, 1994 (4) Extra Week-end Payments For Non-continuous Shift Work All shift employees other than continuous shift workers. during their ordinary shifts who are regu larly ro stered to work be tween Friday midnight and Sunday midn ight s ha ll be paid for such work at the rate of time and a-half. (5) Travelling and Board If the In dustrial Organisation is infom1cd by the Brisbane City Council of the establishment of a depot in any suburb of Brisbane. and tha t. exce pt in the case of in competency. drunkenness. absence from du ty without reasonable cause. res ignat ion of employee. or other reason agreed to by the Industrial Organisation. the engage ment of an employee for work in such subu rb shall be for at kast 9 mon ths, then such depot sh a ll be deemed the workshop in re spect of su ch suburb. ( 6) Working in Airlocks (a) Employees of the Water Supply and Sew-cragc DepartmenL covered by this Award who work in airlocks under air pressure shall be paid a remuneration of 75% in addition to the rat es prescribed herein for the class of ,.vork for each day in which they so work. (b) Such employees working underground, bu t not un der air pressure other t han the atmosphere. shall be paid not less t han 20%, in addi t ion to their ordinary ra te set forth herein. Prov ided t he employees covered by this subclausc shall be en titled to the extra remunerat ion prescribed therein for the full number of ordinary working hours on each day in which they are so employed. Such employees whilst in receipt of extra remuneration under provision ( a) and (b) hereof shall not be entiLled to a ny extra rate for wet work under su bc lause (41) or for dirt money under subclause (9) or for underground work under subclause (40) of cl ause 3.5 of the Award. 4. Hours of W ork- A ll Em pl oyees ( I) Day Workers - The ordi na ry working hours of day working em ployees shall not exceed 38 hours per week or 7 hours 36 minutes per day to be worked between 7.00 a.m. and 5.00 p.m. Monday to Friday inclusive. Pro vidt:d that by agree men t between the Industrial Organisation and the Br isbane City Co unci l the ordinary hours may be worked over a fort nightl y period of 9 consecutive days and nol more t han 8 ho urs 27 minutes shall be worked on any such day at ordinary rates. (2) Sh/fi Workers (a) Subject to the following provisions ihe ordinary ho urs of work for shift workers shall not exceed 38 hours per week. (b) The ordinary hou rs of work referred to in (a) hereof may be exceeded in an y week or weeks subject 10 t he tota l ordinary ho urs worked duri ng any roste r per iod not ex ce edi ng that number of hours ascertained by multip ly ing the number of weeks in t he roster period by 38. (c) The ordinary hours of work referred to in (a) hereof may be worked accord ing to a ro ster agreed upon between th e Industrial Organisation and the Bri sbane City Cou nci l to su it the needs and circumstances of each establishment. (d) Sh i ft workers be allowed a cr ib break of 30 minutes during each shift for which no deduction of pay sha ll be made. Provided that such break shall be taken at a time a nd in such manner that it will not interfere with cominuity of work where continuity is necessary. (3) Subject to the provisions for employees working in airlocks, the ordinary daily working hours for employees working in sewers (exclusive of airlocks) shall not exceed seven and a-half on Mondays. Tuesdays, Wednesdays, Thursdays. and Fridays between the hours 8.00 a.m. and 4.00 p.m. Employees working in sewers shall be entitled to take three quarters o f an hour for a meal (w itho ut deduction of pay) on all da ys .· •. Date d this thirtieth day of November, 1994 . By th e Commissio n, [L.S.] R.H . BLUMSOM, Assistant Industrial Re gistrar. Operai ive Date: I I October 1994 Var iat ion - Dispute - Paid Rates Award Re leased: 14 December 1994 #####################/1##/l#ll#####ll##ll##ll########ll#####III/ 23 Decemb er , 1994] QUEENSLAND GO VERNMENT INDUSTRIAL GAZETTE 1691 -- 2 of 2 --