Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees v Federated Clerks' Union of Australia, North Queensland Branch, Union of Employees [1993] QIRC 79 (1993) 142 QGIG 484

484 QUEENSLAND GOVERNMENT IND USTRIAL GAZE TTE [ 16 A pril , 1993 #############1#1#########/1############################# Q UEE NSLAND IND USTRIAL RELA T IONS COMMISSION lndustnal Relat,ons A et 1990 s, 10.12 - rescission and new award Federated Clerks' U ni on of Australia (Central and Southern Queensland Branch) U ni on of Emplo y ees AND Federated C lerks' Union of Australia, North Queensland Branch. Union of Employees iN o R 3-.1 of 1989) CT.,ERJC'AL E~WLO YEES A WARD - STATE CHIEF IND USTRIAL COMMISSIONER LEDLIE COMMISSIONERS BOUGOURE. SWAl'i 18 February 1993 VAR IAT ION (CORRECTION OF ERROR) WHERE AS an error occurred in the new award as pub lished in the Queensland (;ove mm em lndusrnal Gcceue of 12 February 19 93 , No. 10 pages 165- 184. this Comm ission doth order that th e fo ll ow ing correction be made and be effect ive from the first day of March, 1993:- I. 13 y d ~kt i og provi sion (d) of subclaus~ (I) "Total fxempt ion" of clau se 1.2 (A ward C ov erage ) and mserting the following in lieu thereof: -- " (d) Employc ~s co,·ered by any o th er Award of the Australian In dustria l Rdat ions C,)mm ission and/ or the Queensland Industrial Rchtt ions Co mmission i,;l)Ycr i n g dut ,e .s of a d~ri cal nature.". 2. By in sert ing after the se<'ond paragraph of provision (a) of suhclause (2) "Junio r,; " of d11use 3.4 (Wages) the following :- "Junior r:ik s sha ll be ca k ulat ed in mulliples of ten cents wit h anv rc:sul: nf five cents or m,,re be ing taken to the next highe~1 ten -:e iit multip k .". 3. By dde ting prov ision (f) "Cessation of C ontribut ions" of suhclau ~e (2) "Contributions" of cl au se '.l .5 (Occupational Superannuati on) and iMert ing th~ follo wing in lieu th.-rnof:- "( f) Cessation of Contr ibut ions - An emplovcr shall not be requi red to make a ny furth.:r co ntribu tions on behalf on an eligible employee for any paiod alkr the end l)f th~ o rd inary work in g da y upon \\'hich lhc co nlract of ~mpl oym~nt ceases to ex ist. ". 4. In c l,111s~ 4. l ( !l ours of Work): , (a) by delet in g item (ii i) of subclausc ( l )(a) and insert ing the fo ll owi ng in lieu thcrco f: --- "(iii ) l 14 hours wi thin a work cy cle. not exceeding twenty• one co nsecu tiv e! days: o r. ". ( h) hy d ek ting the t, gurc " 18" in prov ision (t) of su hdause (I) and insert ing th e fi gure " 10" in lieu thereof. 5. By Mk ti ng from p ro vi si on (h) ,if su l.ic la u~ " ( I) of da use 5.1 (A nn ual Leave) th~ dak "Sth :--:,we mber 1990" where it twice appears and ins;ort ing the date "4 Nov~ rnb.r 1990" in lieu thereof in l!ac h instance. 6. Fly de le t ing from subdausc ( I) of clause 5.3 (Sick Leave ) the date "5th Novem ber J990" where it twice appears and inse rting the d:lle "4 Novemlwr 199 0" in lie.u then~of in each instance. 7. By de le ti ng the fir,t paragraph of clause 6.5 (Certificate of Emp loyment) and imcrting the fo ll ow ing in lieu thereof: - "An emp loyee. up,>n 1tm11 ination of his/her services for whatever rea so n. ~hal l he upon request pro vided wi th a certificate of employ- ment. ~igned and dat;;d by the employer.". 16 April, 1993 ) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 485 8. By adding to clause 6. 14 (P roportion of Jun iors) a new subclausc as follows:- "(5) This clause shall not apply to Clerks attend ing to Switchboards.", 9. By delet ing the "Translation Gu ide" and inserti ng the fo ll owing in lieu thereo f: - "A ppendix I Translauon Guide (This Translation Guide docs nor form part of the Award. It has be en prepared by the major parties to the Award to assist in its implem entat ion and should be accept ed so lely for that purpose). Background On Decem b er 22 J992, the Stat e Industrial Relations Commiss ion handed d own a decision in principle on the new award to be titled "The Clerical Employees Award - State", which will r..: place the Clerks and Sw itchboard Attendants' Award -·-· State and the Clerks Award - - Me tropolitan Regional Abattoir. Tiie decision in principle detennined the most c on troversial issues upon which the parties could not agree . l lie Commi ssion so ught a commitment from the parties to endeavour t (> resolv-, o ut - standing matters contained wi thin the decision in principle. and, as a consequence. the pa,ties have reached total agreement with in the parameters set by the Commis sion. In its decision in princip le. the Commissio n support ed (w ith some mod ifications) the South Australian agreed position on a classification structure. The Commission also establi sh ed the relativit ies and p ay po ints for ea ch level. Within t h..: broad parameters set by the Commission. the part ies were given some scope to negoti a te the details. Consequently, the Queensland class ificat ion stnicture is different to the cleric al strncture already detennined in Victoria, Tasmania. South Australia and Western Australia. Th is is totally understandable in the absen ce of any unifom1 nationa l com- petency standards and the contr(wersy that ha.< ex isted in the restruct urin1; of clerical awards during ihc past three years. Indeed the Commission accepted the difiicul tics that arc inherent in its dec ision by acknowl edgi ng the absen ~e of any nati onal comp ct~ncy standards at the time of handing down its de ,sision and in th~ imme diaLe future. TI1e parties are aware that problems will arise in the trans it ion from the fonn er award to the new award because of the revoluti(>na ry new cl assificat ion structure determined bv the Indust ria l Relat ions Commission. The Federated Clerks ( lnion and the Employer Organ isati ons are comm itted to resolving problems that ma y he jnheren t in tht award and have undertaken t t', mon itor and to rcvic,v the impl e men tation and the operation of the award prior to the pay- ment of the second minimum rates adjust men t. Th is monit or ing process will continue at least unt il the fourth minimum rates adjustment schedu led for 1st April 1994. Pu rpo se Th is translati,)n gu ide is a jo i nt document deve loped by the Fe d erat ed Clerks Union and 1h e Empl oy er Organ isations to assist e1nployers and clerical empl oyees in the implem entati on of the new live Jew ! classification st nicture contained in the C lerical Employees ; \ward - S tal<! , This guide is des ign ed to provide in fonna tion on . -· (I) class ifi cation/ reclassification of clerica l employ ees .. (2 ) trans lation of adult clerical em ployees from the Clerks a nd Switchb oard Attendants' Award ·- Stal~ and lhe Ck rl-s Award -- Metropo litan Reg ional Aba tt oir. ag ed based rates of pay t o the new cl,Lssitication stn,cture rates of pay,. (3) j un ior rates of pay .. (4) progression through the structure .. ( 5) years <)f service,. (6) cert ificate of emp loymenl. and . (7) ab so rpt ion of minimum rates adjustment .. Classiflcmion/Rec/assifica11on of Clerical Employees Class ificat ion or reclass ifi ca tion of an employ ee into one of the leve ls by th e employer. is to be achieved by rd -., rence to the "classification criteria" ' set 0 11 1 in clause 3.2( 1) of the Award. The class ifi cation criteria refer to the characteristics and non-e xham tive 14 11 81-46 ty pical dut ies/skills to prov ide a guide to detenni n ing an employee's classification level. The ke y issue to be lo o ked at in properl y dassify ingfrecl assifying an employee is the level of initiative. resp onsibility/ accountability. competency and skill that the employee is required to exercise in the work th ey perfonn within t he parameters of the characterimcs and not the dut ies they perform per se. . For instance. in the typi,al duties/skills referring to c omputer applications 111 Levels 2, 3 and 4, there is little different iation not.ed between th e levels (except that a higher level of skill from the preceding level must be- util ised). Hence, th e allocation of any empl oyee's classification level must be det erm ined in light of the characteristics. The Commissio n's dec ision in principle indicated that each employer, in cons ultat ion with the employee, is to allocate each employee into one of the five levels of this new award. TI1e part ies have agreed that this requirement of the In dustrial Comm ission for the reclassifying of all clerical employees should be co mpleted with in one month of the gazettal of this Award. This dec ision was taken in the knowledge that not all employers of clerks. or th ei r emp loy ee s, are members of a re levant Industrial Organi zation and consequently, only have the Queensland Government fndustnal Gaze tte to advise them of their ob ligati ons. Translation f rom Current A ward Rates ro Ne w A ward Rate S tnicture Any translation from the current award rates and allowances (set out in Schedu le C to th is Award) to the new classification struct ure (clause 3.2) and new wage rntc structure (clause 3.4 a nd Schedule D) of the new award must be im1>lernented in such a way that no existing employee is to sutler any reduction in ordinary time earnings as a result of this change. Fo r that reason, the Sch edule C to the Award setti ng out the wage rates and allowances which applied as at 1he 28th February 1993 (the date immediate ly prior to the introduction of the first Minimum Rates Adj ustm ent from 1/ 3/ 93) wi ll rema in in the Award until after the introducti on of the fourth Minimum Rates Adjustment for comparative purposes. Therefore. unti l the fourth Minimum Ra tes Adjustmen t co mes in to effect. emp loyeos will receive either the current award entitkment~ (i.e. wages) as set out in Schedule D of the Award or those (i. e. wages an d relevant allowances) that are set out in the Sch edule C . In confonn ity wit h the Commission's "In Principl e' ' Dec ision of' the 22nd December 1992, the part ies have agreed : I. That previous ad ult service in the industry wi th another employer prior t.o 1/ 3/ 93 has no applicati(m under the new award strnct urc exce pt fo r the pu rp o ses of detem1ining pay pomts wi thin le vel J. 2. 1lia t adult servic~ wi th the ~u rrent emplo yer prior to l/ 3i 93 he rele vant on ly for detem1 ining which pay point pe op le translate to in le vel I. Adult emp loyees translating to lev els abo ve kvd I at 1/ 3/ 93 will commence at the first pay po int of the :,pprop riatc level. Jumor Rates of Pay The Commission. in its decisi on in principle, decided that the jun ior rate pacentages would remain unchanged from the fom1 er award. The Comm ission f11rthcr det.:nnined th ;1t junior rate perce ntag~~ will be calculated on Level I for relevant work or Level 2 for ot her wo rk. The followi ng sets out how to ca lculate junior rates of pay. 15 and und er 16 years of age 16 and under 17 years of age 17 and under Ill yea/$ of :ige 18 and under 19 years or age I9 and under 20 years of age 20 and under 2 1 year,; of age Junior rates of p ay arc expressed as a appropri ate minimum adult rate in either level s p ay point in levels I or 2 reflecting the wage jun ior percentages above arc calculated. Pc: 1,;cnla~t' of a f.'l)ro pn ate Minimum ,-"\ dull R ate 45 50 55 65 75 85 percentage of the or 2, wi th the first rate upon wh ich the Whether the first pay po int in leve l I or 2 is us ed depends on wh ether the junior is perfo nn ing work which fall~ within level I (in -- 1 of 2 -- 48 6 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 16 April, 1993 which case the first adult pay point of level I is used) or an y level above level I, in which case the first aduh pay po int in level 2 is used. It shou ld be noted that the relevant j unior percentage rate is always calculated off the first pay po int of the adult rate in ei ther Level I or Level 2, irresp ective of the fact that a junior may be increasing in their years of servi ce within the industry. Once a Junior employee reaches 21 years of age th is employee then must be classified into the approp riate level ( l to 5) and commence on the wage rate reflected by the first pay point at that level. Progression Through the Clawfication Stmcwre The Comm ission detem1incd that w ithin each of the levels there will be varying pay points which provide for yearly increments wh ich are applicable to adult employees only. These increments are designed to provide for the emp loyees increase in skills and co mpetency over a n umber of years withi n a level. Such increments allow for deve lopment within a level in the absence of any estab lished competency standards. Progression from one level to a higher level is not automatic. Progress ion is based upon appointment to a higher level. where the employee is required to perfom1 duties/skills at the higher levd and meet the relevant characterist ic requ irements. An e mployee may progress to a higher kvel alth ough such an employee may not have progressed t h ro ugh all of the pay points within a lower leve l. Years of Service The Commission has determ ined that years of service shall mean the vears of service of a cleri cal emp loyee w ithin a cl assificati on kvcl in the industry as a who le. not ye.ars of savice with the employer. Years of service prior to the 1st March 1993 sh all not be coun ted for class ificat ion purp ,>s cs except for dete nnining ,rn employee's pay point in Lcvd l. Ye ars of service all er the 1st March I 993 within the industry are relevant fo r dete nn ining wh ich pa y point an e mplo yee falls into at any particular level. Given that service is w ith in the industrv. the Commiss ion cons idered that it may be re levant for em ployees t o ga in a certifi ca te of servi ce upon tem1 ination of emp loyment with any emp lo y~r. The following certificate of empl oy ment will therefore appl y. Ce rt ,ficote of E,nploym enr An emp loyee. upon tcrn1ination of his/ her servi,es for whatever reason, shall up on request be provided with a certificate of employment. signed an d da ted by the employer. Such cen ificate sha ll contain paniculars as to - (l ) ( 2) (J) (4) (S) the fu ll na me and address of the emp loyee: a descript ion of th" trade or o cc upat ion in which the employee was engaged: the dat.: at which the emplo yee c,,mmcnced and ceased emp loym e nt in each of th.: respective trades or occupat io ns~ the address of the workp lace at which the ~mp lovce was so c ngagd; the cl assification levels in wh ich the emp l <>ycc has been emplo yed and the durntion at each le vd sin.:,, 1/ 3/ 93 . .4 hso, p11on of .\,f 1mm11m Rates .'1 dju stm ent (M RA ) 111<' Commi ssion. in its d,,cis ion. ha~ prov ided for fou r separate min im um rat es ad justmen ts wh ich \vii i apply to hridg...~ thl': rtH)ndary gap hct w cc.n th-.! fonnc!r age based wage ratt $ and th~ tinal wag\! mks appli cah!c for the new d a .< sification st ructure. TI,c payment of minim um rates adjustmonts is made vn t.h c h~s is that all such in creases arc absorbed into anv over awa rd pa yme nt s. (See cl«use 5 of Schedul" D referring to ·Ah~orpt ion of ~ li nimum Rates Adj ustm ents) . 'Jl, e fi rst minimum rn tes adj us tmen t app li es from the 1s t March !993 with the o perative da tes for the remaining three i\ l RA 's bdn g .schedu led as foil o ws : 1st J uly 1993. 1st November I 993. 1st March 1994 . NOTE':-·-· TI1ese further scheduled M RA increases must be the subject of separate appl ications made sufliciently prior to the scheduled dates to enable ratification by the Commiss ion in terrns of its Wage F ixation Principles. Dat ed this eighteenth day of February. 1993. By the Commission, IL.S.) M.J. CALLEN . Industrial Registrar. Operative Date: I March 1993 Variat ion - COE Released: 2 Apr il 1993 ####11#########1 16 Apri l, 1993] QUEENSLAND GOVERNMENT INDUSTR IA L GAZETTE 487 -- 2 of 2 --