Australian Railways Union of Employees Queensland Branch v Queensland Rail [1993] QIRC 45
366 QUEENSLAND GOVERNMENT IND USTR IAL GAZETTE [I 9 March, l 993 19 March, 1993] QUEENSLAND GOVERNMENT IND USTRIAL GAZETTE 367
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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
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Official source: https://www.sclqld.org.au/caselaw/QIRC/1993/045