Australian Railways Union of Employees Queensland Branch v Queensland Rail [1993] QIRC 373 (1993) 144 QGIG 434

43 4 QUEE NSL AND GOVERNMENT INDUSTRI AL GAZE TTE [22 October, 1993 ############ ## ########## # ############# ## ##### # ###### QUEE NSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 131 - application for variation Australi an Ra i lw ay s Un ion of Emp l oyees Queensland Bra nch AND Queensland Rai l (No. 8197 of 1993) RAILWAY AWARD - ST ATE COMMISSION ER FISHER 23 September 1993 Wages - Allowance Payments - Trave lli ng Allowances - Payment Anomoly - Variation Grant ed - Operative Date - Submissi ons - Arb i tra ted Ma tt er - Applicant may seek rel is t in g with in 28 days. RE PORT ON DEC ISION (as edited) In giving he r decisi on from the Bench the Commi ss ioner sa id as fol lo ws: - "The Commi ss ion has given consideration to the va ri ous submi ss i ons whic h have been put th is morning and I would respond in the following way. The ma tt er before the Commi ssion concerns an appli ca tion to vary clause (2)(a) of sched ule 11.2 (T r ave lling Allowances) of the Railway Award - State to, in effect, provide that employees who are living away from home for in excess of one week are pa i d an allowance of $49.70 per day. Mr Doogan has advi sed that th ere have been inconsi sten t interpretations from Queensl an d Rai l (QR) on this particu la r clause and the application see ks to clarify the ma tter. I understand that, if granted , empl oyees affect ed by this cl ause wou ld be trea t ed in the sa me manner as other empl oyees receiving away from home allowances under the Award. QR agrees t ha t an anomaly ex ists between cl auses (2)(a) an d (4 ) of schedule 11 .2 for periods in excess oi one week. QR does no t oppose the appli cation. In the circumstances, the Commi ss ion beli eves th at the anomaly should be removed and accordingl y, is pr epared to grant the appli ca tion. This l eaves the m atte r of operati ve da te. r 22 October, 1993] QUEENS LAN D GOVERNMENT INDU STRIAL GAZETTE QR see ks the date of variation whi l st the Austral ian Rai lway Union of Employees (Q u eens l an d Branch) (ARU) seeks the date of _fi ling, namely 8 April 1993 . QR contend that su bsta n 11al numbers of employees wil l be aifected if a re trospecti ve date of operation is granted. The ARU disagrees and in addition submits that after the application was lodged, QR sought further di sc ussions before the matter was brought on for hearing. QR sought to have these discussions despite various at1empts by th e Union 10 resolve the ma tt er between the parties pri or to the application being lodged. I h ave a certa in degree of sympathy for the views expressed by the ARU, but in t he abse nce of precise i nformation regarding the num bers oi employees affected and the cost implication s, I am reluctant to award retrospectivity in excess of five (5) months. The va riation shall operate at le ast from today, 23 September 1993, bu t I would be p re pared to reconsider this aspec t following information being provided by the parties in respect of the number of employees affected and the cos ts invol ved to QR if the application was made retrospective to 8 April 1993. Once this information is known, the applicant should seek a re listing of the matter for final determi nat ion. If the numbers involved are minimal then QR cou ld give considerat ion to applying the variati on by administ rat i ve arrangement between 8 April 1993 an d 23 September 1993 . The applicant should advi se the Co mmission if the matter is to be re li sted, wi thin twenty-eight (28) days of the date of release of this decision. I order acc ordingly.". Dat ed this twenty-third day of September, 1993. By the Commi ssion. (l.S .] M.J. CALLEN , Industri al Reg istrar. Appearances:- M r 0. Doogan for the Austral ian Ra ilway U nion of Emp loyees Queensland Branch. Mr T. Butler and wit h him Ms J. G ill for Queensland Rail. O p era tive D ate: 23 Sep tember 1993 Decision - Overnight Allowance Rel eased: 7 October 1993 ##### ### # # ### ## ########## ## ####### # ################# 435 i -- 1 of 1 --