Addison v Wards/Skyroad [1994] QIRC 327 (1994) 146 QGIG 654

654 QUEENSLAND GOVERNMENT IN D US TRI AL GAZETTE l 15 July , I 994 #############################################11######### QUEENSLAND INDUST RIAL RELATIONS COMMISSION lndus1rial Relations Ac t 1990 s. 60 - applicat ion for order requiring equal remuneration f leur Add ison AND Wards /Skyroad (:Yo B458 of 1994) COMMISSIONER 81'CHLY 30 June I994 Order - Equal Pa y - Work of Equ al Va lu e - Federal Awa rd - Jurisdiction - Industrial Relations Act 1988 (Commonwealt h) -· No Jur isd iction - No Adequate Gro unds for the Issue of t he Order Sought - App li cation Refused. DECISION An app lication has been made by Ms Fleur Addison to secure payment of equal remu neration for \VOr k of equal value under s. 49BC (now s. 60) of the /11dus1rial Rela1io11s Act 1990. Ms Addison is employed as a credit clerk by Sky road Express (Mayne Nickless Group) as are two other fema les a nd two males. !'v1s Ad dis on seeks equality in n.mrnnera t ion wi th one of the males. Mr J. Me lvi l le. who is temporar il y occupy in g the ro le of credit cbk after be ing displaced from the position of Office Ma nager of Wards Exp ress foll owing a merger with Skyroad Exp ress. Mr Melvi ll e re ta ined his salary as Office Manager and has been retained in employment \\•i th his salary red circled but with the expectat ion that he will be appointed lo an alternative position, commensurate with hi s pre.vious position, in the future. Other infonnat io n provided by the parties revea ls t ha t: - • the Company is bound hy the Clerks (Road Transport Industry) Award 1992 : • employees in Brisbane and other cities occupying the posit ion of credit clerk are paid at the ra te specified for a clerk Grade 4. On be i ng infom1ed that the em ployment of Ms Add ison was governed by a Federal Award I advised t he parties that I lacked jurisdict ion 10 hear the matter and that the app lication shou ld have been filed under t he Industrial Rela1ions Ac! 1988 (Commonwealth). The Com pany infonned me that they d id not wish to cha ll enge jurisdict ion and were willing to proceed with the hearing. The applicant appeared to adopt the same attitude. I allowed the matter to proceed to e li cit relevant addi tion al facts and to ascertain whether there was a possibili ty of resolut ion of the ma tter between the parties themselves. It became apparent that t his lastmentioncd course was not available as t he app licant ad opted the view that either Mr Melv ill e shou ld be paid the same rate as her or she should be paid the same rate as hi m. The Company rejected both alternatives. The he ari ng was th en concluded and the parties advised that they would be infonned of the outcome of my de li berations. I have considered all the matters rai sed and have come to the conclusion that, notwi thstanding th e co nsensus of t he parties. 1. do not have the jurisdiction to deal wi th the applicat ion . Notwithstanding that. I consider it appropriate to adv ise the app licant that the award under wh ich she is employed provides fo r the same, that is, eq ua l wage rates, for males and females and . from the infonnation provided, equal wage rates are pa id to the fou r employees (male and female) employed under that award classification by the Company in Brisbane. The Australian Industr ial Relations Comm issi on h as established wi1hin th e Clerks ( Road Transport Industry) Award 1992 a system or wage ra tes which meets the inten t expressed in the Eq ual Remuner at ion C'onvention and Equal Re muneration Recommendat ion. As to the panicular circumstance of the Office Manager. transferred temporari ly to duties of a cred it clerk as an alternative to tenn ination of his e mp loymen t. I ho ld th e vicv. that that si 1u at ion does no t provide adequate grounds for the issue of the order sought. R.E. B[C HLY . Commissioner. Appearances: - Ms F. Addison appearing on her own behalf. Mr .I. 13cll, with him Mr D. Byrne. for Wards/Skyroad. Operative Date: NIA Decision - Order for Equal Remuneration Released: I Ju ly 19 94 15 July, I 994] QUEENS LAND GOVERNMENT LNDUSTRIAL GAZETTE 655 -- 1 of 1 --