Federated Engine Drivers' and Firemens' Association of Australasia Queensland Branch, Union of Employees v The Crown and Others [1993] QIRC 98 (1993) 142 QGIG 507

506 QUEENSLAND GOVERNMENT IND USTRIAL GAZETTE [ 16 April, 1993 [ 507 ] The Queensland Government Industrial GazettePUBLISHED BY AUTHORITY Annual Subscription $280 ISSN 0155-9362 Vol. 142] FRIDAY, 23 APRIL, 1993 [N o. 25 QUEEN S LAND IN D US TR IAL REl, AT IONS COMMISSION !11d11sIrial Re/a11ons A c1 199() s. 10.12 - appl ication for variation Federated Engine Drivers' and Firemens' Assoc iation of Australasia Queensland Bran~h, U ni o n of Empl(>yees AND l11e Crown and Others (8 3 02 of 1992) CIVIL CONSTRUCTIO N, O PE RA TIONS AN D 1\-1.\INTENANCE GENER.\L A WARD - STATE COMM ISSI ONERS EDWARDS, DEMPSEY , BECHLY 6 Ap ril 19 9'.l Allowance -· Special Allowance - New Award Rescrwd M auer - - National Standards •- · Nexus to Federal Award - ·· Approved as from 5 Ap ril 1993. l)f, C ISI ON By application filed on 16 June 1992 th e Federated E ngine Drivers' and Firemens' Associ ation of Aust ralasia Queensland Branch, Un ion of Employ ees (FE DFA) sought the addition of a new subclause 38 "Specia l Allo wan ce" to clause 3 .5 (All owances) of the aboveme ntlo ned Aw ard. In th ei r submiss ions the F£ DFA advised tha t th is ma il er is o ne con tamed in Schedule 9 of t he Ci vi I Const11Jct i <>n, O perations and Main tenan ce Gene ral Award -·· St,,te w hich provides a list of mano rs on which leave has been reserved lo the pa rt ies for furt her ne go tiation or arbitration. T he Union subm illed that this provision was over looked when t he final draft was being prepared together with a number of other matters which have been subsequently incl uded in the Award . At the t ime of making the Award an undertaking was given by all parties thnl na tional s tandards would be ap plied in respect of this 14118 2- 48 Award and the FEDFA ma intained that th is allowan ce is co ntained in the national awards. As a resu lt parties have agreed that the Award should be varied to incl ude this allowan ce wi th an operat ive date of I July 1992. The Australi an Workers' Un ion of Employees, Queensland o utlined that the W{)rds pro posed are very sim ilar lo the t erm inol ogy used in the National Building and Cons tni clion Industry Award 1990. ll was submilled that t here is me rit in maintaining th e nexus be tween !he relev ant awards in view of the agreem en t between the parties for the extens ion of the allowance . The Crown con firm ed Iha! it had been agreed t he allowan ce wo uld co ntinue 10 stand npan and would not be absorbed in the matrix of t he wag<!s provisions. It was on tha t basis th ey accepted it he induded in the allowances cl ause. TI1c Qu eens land Confederat ion of Indust r y, Union of Employers did not op pose th.: claim n otwithstanding the extra cost to the industry and lcll the mailer for the Co mmi ssion's detem1 inntion. On consider'11ion of a ll t he submissions a nd the ci rc umstances in rdation lo t his appli ~ation, the Commission app ro ves the "Special Allowance " of $7 .70 be incl uded in the Award with date of o peration as from 5 Apr il 1993. TI1e necessary variation wi ll be prepared by the Reg istry to this effect. Orde r acco rd ing ly. A ppec,rances: -- K. L. EDWARDS. Comm issioner. H. DEMPSEY, Commiss ion e r. R. E. BECHL Y, Com missioner. Mr J. Coogan for the Fed~rat ed Engine Drivers' and Firemens' Asso ciat ion of Aust ralasia Quee nsland Branch, Union of Employees and The Ama lg am ated Society of Carpenters, Joiners, Bricklayers and Plast erers of Aus tralas ia, U ni o n of Emp loyees, Queensland. -- 1 of 2 -- 508 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE Mr M. Vining with him Mr G. Low for Th~ Australian Workers' Un ion of Emp lo yees, Queensland. Mr W. Lee for the Crown . Ms C . Bray for th e Queensland Confederation of Industry Limited, Union of E;nployers. Operative Date: 5 April I993 Decision - Special Allowan ce Released: 7 April 1993 #############lli/111111//~Y ''/'ll########I/######################## [23 April, 1993 23 April , 1993] QUEENSLAND GOVERNMENT IND USTRIAL GAZETTE 509 -- 2 of 2 --