Commissioner for Railways v Australian Railways Union of Employees, Queensland Branch and Others [1991] QIRC 251 (1991) 137 QGIG 343

342 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [13 J uly, l 99 l 13 July, 1991] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 343 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 - 1991 s. 10. 12 - applicat ion for variation Commissioner for Railways (No. B1 09 of 1989) AND Australian Railways Union of Employees. Queensland Branch and Others (No. B464 of 1990j RAILWAY AWARD - S TATE CHIEF INDUSTRIAL COMMISSIONER LEDLIE. CO M MISSIONERS ASHWOOD, FISHER •28 June 199 1 New Classification - Tutor Driver - Wages - Ailowances - Driver Tutoring Allowance - Evidence - Training Course - Skills - Responsibility - Higher Duties - Annual Leave - Arbitrated Maller - Special Case - New Classification for Tutor Driver Granted - Rate of Pay Determined. DECISION Following a request from the applicants the Full Bench approved the proposal that only those parts of the applications relating to Tutor Drivers wou ld be heard in these proceedings. Other matters contained in the applications would be brought before the Com - mission upon requests made to t he Industrial Registrar. The relevant part of the application by the Commissio ner fo r Railways (BI09 of 1989) together wit h material facts is set out below:- "(b) Inserting a new paragraph •(iii)' to subclause 36( l)(b) which reads as follows:- '(iii) Driver Tutoring Al!owance - Drivers directed 10 carry out tu toring duties shall be paid an al!ow~nce of 5 pe r cent of the rate for a Dnver Class ll prescri bed in this subclause. When the selected Driver carrying out the tutoring duties is required to instruct Drive rs who are in receipt of a rate of pay in excess of that of Driver Class II , i c. in Single Mann ing or Driver Only Operation situations, : he Tu t or Driver shall be paid the allow- ance in addi tion to th e Si ngle Manning allowance or D.O.O. Allowance. whichever is paid tO the D ri ver be ing tutored.'; and '( b) The variat ion sought in (b) abo ve seeks to provide reasonable com pensation for the add.itional wo rk va lue of tutori ng Trainee Drivers and other Drivers. This maner has also been the subject of negotiations but t he panies are unable to agree on the q uantum of payment or the bas is for t he payme nt .'.''. Application B464 of 1990 by the Australian Railways Union of Em ployees. Queensland Branch. the Australian Federated Union of Locomotive Enginemen, Queens land. Union of Employees. and the Queensland Railway Employees Un ion of Emplo ye es requested. in part, the fo ll owing classification be insened in the Awa rd :-- ·· 2. In ciause 36(1)(a) insert a new classi fi cat ion and pay rate:- Tu tor Driver $503.5 0". The applicauon aiso contained the following material facts:- •• In association with a comprc:hcnsive. progra mme for train- i ng of future dri ve rs. Queensland Railways proposed to create a new posi tion of t utor Dri ver. This application seeks to have the classification of Tuto r Driver inserted into the Award and to have an appropriate pay rate detem1i ned therefore.". -- 1 of 2 -- 344 QUEENSLAND GO VERN MENT IND USTRIAL GAZETTE [13 July, 1991 There was no disagreement between the parties as to the inclusion ofan award provision for "Tutor Drivers" employed by Queensland Railways; however, the Commission was required to determine whether such provision should be by classification or allowance and as to the quantum of such classification or allowance. Queensland Rai lways referred to th e system of pract icai training for Drivers wh ich had existed since the commencement of railway operations in the 19th Century; however, practical (on the footplate) training had been curtailed with two man crewing of tr ain s and fu r1her with the introduction of Driver Onl y Operations. Queensland Railways pointed out that in discussions between the parties prior to ihe fil ing of the applications there had been general acknowledgement of the need for the development of a new Driver Training Scheme wh ich would equip fu ture train drivers with all the theory and practical skills t he y would need to become sa fe, efficient trai n dri vers. Mr G. L. Newm an , Senior Training Officer - Operations with Queensland Railways, was called 10 give evidence. His evidence included a description of the proposed course structure for the new driver training scheme together with the involvement of tutoring by selected drivers. The Commission noied that Mr Newman expressed the opinion that he could foresee that in the foreseeable future a Tut o r Driver would be engaged on such du ties on a full-lime basis. Queensland Railways tendered documents to indicate Tutor Driver requirements for 1991/1992 at all Depots throughout the State where such duties wou ld be undenaken. Following the e. vidcnce given by Mr Newman, Queensland Rail- ways submitted that t he new driv.:r training scheme will be in a continual state of evolution as the Ra il Industry con tinued to ma ke the transit ion from 1hc traditional methods of recruitment and training to the point where trainee drivers we re recru ited fro m non-trains operations areas. lt was st.a tcd that the payment of an allowance of 5% of the rate for a Dri ve r Class II to the drivers directed to carry out tutoring d uties would be appropriate given the additional skills and respon- sibilit ie s required of such employees. Queensland Railwa ys submitted that. an allowance for Driver T utoring would be more appropriate than a rate of pay as proposed by the applica nt Unions. The advocate for the appl icant Unions of Employees pointed out that the issues between the pan ics to the app lications related to allowance versus cl assification an d of quanmm . Queensland Rail- ways pro posed an allowance of 5% based upon the Driver Class II classification whereas \he U nions proposed a weekly rate of pay of seven and a-half per cent in addition to the rate for a Driver Class II The Unions agreed that the role of Tutor Dri vers had been the subJect of a great deal of discussion between the Unions and Queensland Rai lways management and one of the results had been that there was agreement about progressive introduction to Ya rious "(e) Higher class credit for Annual Leave.- If an emp lo yee has been acting in a higher class position for a full fortnight of a pay pe riod, such employee shall, when off duty on leave, be paid the equivalen t of o ne twenty-sixth of the Ann ual leave entitlement for a shift worker or non-shift worker, whichever the case may be, fo r each such fo n night that the emp loyee has been so acting at the rate prescribed for such higher class position: Provided that if such employee is paid at the higher rate fo r any day the employee is absent d ue to illness, Workers' Compensation, paid leave or st atu tory holiday. the time involved wi ll count towards maki ng up the full fonnigh1.". Upon completion of submissions the Full Bench reserved its decision upon the applicatio ns. The Commission then gave pre- liminary consideration to the matters and as a result reconvened proceedings by way of conference. The Comm ission sought further information from the parties as 10 the amoun t of time Tutor Drivers in various pans of the State would be engaged on such duties, drew the atten tion of the parties 10 clause 86(l)(c) of the Awa rd and urged the parties to fu rt her confer on the matters and adv ise the Commission of t he results of such deliberations. Subsequently t he parties reported back to the Commission that they had reached agreement that a classifi.cation should be inserted in the Award. Such report further advised that agreement had been reached that the duties of those classified as Tutor Drivers would be restricted to those associat ed with the new driver scheme and that the dr ivers i would perform their normal ducies when no t tutoring. Con cl usions Jn consideration of the matters before it the Commission paid regard to the Decision of the Full Bench in Case B109 of 1989 ( 132 QGIG I 174) when provisi ons relating 10 single manning of trains a nd Driver Only Operations were mserted in the instant Award. T he Commission considers that the matters in these proceeding are matters which result fro m that Decision. ln no ting the agreement of the parties we accept that t he materia l presented has established a Special Case resulting in our decision 10 insert a new classification in the Award for Tutor Drivers. T he rate of pay for such employees shall be $496.00 per week. T he parties are required to draft a definition for such employees to be inserted in the Award and that such draft be fo rwarded to the Industri.al Registrar by 8 Jul y 1991. The variations to the Award will operate from I July l 99 l. Order accordingly. LN. LEDLIE, Chief Industrial Commissioner. G.M. ASH W OOD , Commissioner. G.K. FISHER, Commissioner. areas of work responsibili t ie s undertaken by railway Locomotive Appearances:- Drivers. Jn support of their application for a weekly rate of pay for Tutor Drivers t he Unions drew t he attention of the Co mm is si on to a dec is ion by Mr Comm issioner No!an of the then AustraJian Con- ciliation and Arb itration Com mission in the Locomotive Engineer's Awa rd l 986 given o n 14 February 1989 (Print C4845) when he inserted a classification and rate cf pay for a " Driver T rainer" in that Award. Members of the Bench questioned t he panies as to the app lication of clause 86(il(c) ' 'Higher class credit for Annua l Leave" in the Railway Award -- State. which is set out he reund er and its app licai.ion to 1hr pro posed classifi cation for Tutor Drivers having in mind the point made for Queensland Rai l that "Tutor Drivers would not be engaged on such duties in the foreseeable future on a full-time basis". Mr G. Coughlan, wi th him Mr P. Bailey, for the Com missioner for Ra ilways. Mr B. Powe ll , with him Mr G. Smith. for the Australian Federated Union of Locomotive Enginemen, Queensl:ind, Un io n of Employees. Mr L. Crofton, for the Australia n Railways Union of Employees. Queensland Braoch. Operative Date: 1 Ju ly ! 99 1 Decision - Tutor Drivers 13July, 1991] QU EENSLAND GOVER NMENT INDUSTRIAL GAZETTE 345 • L -- 2 of 2 --