Australian Railways Union of Employees Queensland Branch and Others v Queensland Rail [1993] QIRC 28 (1993) 142 QGIG 334

334 QUEENSLAND GOVERNMENT INDUST RIAL GAZETTE [ 12 March, 1993 Q UEE NSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990--1991 s. 10. 12 - appl ication for variat ion Australian Railways Union of Employees Queensland Branch and Others (No. 8464 of 1990) Australian Railways Union of Employees Queens l and Branch (No. B465 of 1990) Australian Fede rated Union of Locom otive Enginemen, Queensland , "Union of Employees" AND Queens land Rail (No. B Ji8 of 1992) RA IL WAY AWARD - STATE COMMISSIONERS ASHWOOD. FISHER , NUTTER 25 February I 993 VAR I ATION TJ-IESE matters coming on for hearing before the Commission at Brisbane on 17 and 24 July, 21 and 28 September and 13 . 14 and 16 Octobe r 1992, t his Commission doth order that the sa id Award be varied as follows as from the fourth day of January, 1993 :- 1. In Schedule 2. 10 (Traffic Fo remen Etc.) - (a) by inserting the n umber "(()" before the words "Hand-over Time"; and (b) by inserting a new subclause (2) as follows:- "(2) Yard Foremen shall be pa id 5% of their ordinary rate of pay, in addition to their ordinary rate of pay , when work ing with s hunting loco motives ope rat ing in Driver Only Operation (0.0 . 0.) mode. This allowance shall be paid for the purposes of Schedule I0.2(l)(a) of t he Award. This allowance shall be paid for overtime and penalty rates when D.O .O. mode is operating w ith a minim u m payment for four hours.•. 2. By adding a new subclause (5) to Schedule 2. 12 (Shunters) as follows:- 12 March, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE "(5) Shunting grade employees shall be paid 5% of their ordinary rate o f pay, in addition to their ordinary rate of pay, when worki ng with shunti ng locomotives operat ing in Driver Only Operation (D .O.O .) mode. This allowance shall be paid for the purposes of Schedule I0.2(1)(a) of t he Aw ard . This allowance shall be pa id for ove rtim e and penalty rates when D .O.O . mode is operating with a mini mum payment for fo ur hours .". 3. In subc lause (I) of Schedu le 3.1 2 (Locom otive Drivers)- (a) by deleting provision (c) and insert ing the follow ing in lieu thereof:- "(c) The allowan c es prescribed in provisio ns (a) and (b) of sub - clause ( I) of Sch e dule 3.12 s hall be paid for the purposes of Schedule 10.2(l)(a) and 10.2 (l)(c) of the Award. The allowances will be paid for overtime and pena lty pay- ments." ; and (b) by inserting a new provi sion (d) as follows :- "(d) D.0.0. Shunting Operations Allowance - Drivers and Tutor Drivers of shun ti ng locomotives working in Driver Only Operation (D.O.O .) mode shall be paid an allowance of 9% of th eir ordinary rate o f pay, in addit ion to their ordinary rate of pay. This all owance shall be paid for the purposes of Sc hedule (0.2(l)(a) of the Award. The allowances payable u nder provision (d ) shall be pai d for overtime and penalty payments when D.O.O. is worked w ith a minimum p aymen t for four hours.". Dated t his twent y-fifth day of February, 1993. By the Commission, (L.S.) M.J. CALLEN, Industrial Reg istrar. Operative Date : 4 January 1993 Variation - Allowances - D .O.O. Shunting Re leased: 1 March 1993 ##1/##################################################### 335 -- 1 of 1 --