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Australian Railways Union of Employees Queensland Branch v Queensland Rail [1993] QIRC 45

Case law · Queensland · 1993
366 QUEENSLAND GOVERNMENT IND USTR IAL GAZETTE [I 9 March, l 993 19 March, 1993] QUEENSLAND GOVERNMENT IND USTRIAL GAZETTE 367 #################tf/l#llltt.'ltt.'111/IIJI############################ QUEENSLAND I NDUSTRIAL RELATIONS COMMISSION lndustnol Relations A et /990 s. 10. 12 - app lication for \'ariation Australian Railways Union of Employees Queensland Bran ch AN D Queensland Rail {No. 864 of 199/) IUILWAY AWARD - STATE COMMISSIONER ASHWOOD 26 Fcbniary 1993 VARIATION THIS matter coming llll for heari ng before t he Commission at Brisbane on 26 Febniary 1993. t his Commission doth o rder that the said Award be varied · as follows as from the first. day of June , 1992:- I. By deleting suhclause (3) "Awa y from Hom~ Allowances" ,,r Schedule S3 . 18 (Allowances) and inse11ing t he following in lieu therenf: - " (3) A w(3/ from Home A 1/owances •··· Tra i nmen and operat ions ass is tant s t~mporarily transferred (including t rainm~n sen t to re li eve) from thdr homs,s to meet t he exigent,ies of th.: scrvic~ sh:111 be paid as under :- (a) For the First Six Weeks - The allowan ces provided in subc la use (1), when away from t heir pennanent home station . (b) Ajler S,x Weeks - The allowances provid ed in subdause ()). wh en a way from th eir le.mporary home st ation. Trainmen or operations assistants, howevu. shall also be paid $27. 90 p er day , in cl uding Sundays. in addi t ion 10 their ordinary wages. (c) l11e 'lying off allowance provided in s ubclaus e (4) applies on ly when l ying ofT away from the tc mp ora r;y home sta t ion from the date of tempo r ary transfor or relid. (d) No transfor of an emp loyee s hall be regarded as p em1an"nt unless it is for a peri,)d of no t less than t hree mo nths. or unless another transfer is arranged at the empl<>yee's own request . (c) Provided that no transfer shall be re garded as pennanent when an emp loyee is instrncted to ta ke up dut y ar a place away from such emp lo yees ho m e depot or 1 place of employmenl pendin g the pennanenl filling of a vacancy at t hat pla ce. or to relieve an employee who is on annual h:ave, sic k leave, or off duty fo r any other rea.,o n: or. in the case of employees on seasonal transfer for a period of less than six months. ". 2. By ddeting subclause (I) " Limi tati ons " of Sche du le S 10 .J (T ransfer Condi t ions) a nd inserting th e following in lie u there of: -- " (!) Limi1a1ions -- (a) No trans fer of an em p loyee shall he r egarded as pemianent unl ess it is for a period of 1101 less than three mon th s. or unless another t ransfer is arranged at th e emp loyee's own request . If required to work temporarily at a nother depot . the employee sha ll be paid the allowan c es sel out in Schedule l 1.2 of this Award. (b) No tran sfer shall be regarded as pemianent w hen an employee is instructe d to take up duty at a p lace away from th e empl oy ee's home depot or u sua l place of employment pending th e perman ent fi l ling of a vacancy at that place: or to relieve an employee who is on annual lea ve, sic k leave , or off duty for any oth er reason: o r in t he case of emplo ~•ees on seasona l transfer for a period of less th an six months. ". Dated th is lwenty-sixth day of February. 1993. By the Commission, fL.S. ] M.J. CALLEN. Industrial R eg istrar. Operative Date: 1 Jun e 1992 Vari ation - Away from Home and T ran sfer Allowanc es - Single Employees Released: 8 March 1993 li.V/J#lll!!/P !/ 'fl#llf###.'J.'U!!tPJJJh'#tl-#############11################## -- 1 of 1 --