Australian Sugar Milling Association, Queensland, Union of Employers and Another v The Australian Workers' Union of Employees, Queensland and Another [1991] QIRC 171 (1991) 137 QGIG 115

r 114 QUEENSLAN D GOVERNMENT INDUSTRIAL GAZETTE [25 May, 1991 25 May, 1991 ] t If l 1 t I t. '! ;" I i'f'·')'J. ' QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1 15 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. I 0. 12 - application for variation Australian Sugar Milling Association, Queensland, Union of Employers and Another AND The Australian Workers' Union of Employees, Queensland and Another (No. Rl-0 of 1991) SUGAR INDUSTRY AWA RD - STATE COMMISSIONER BOUGOURE 30 April 199 1 VARIATION THIS matter coming on for hearing before the Commission at Brisbane on 18 February, 27 March and 12 and 30 April 1991 , this Commission doth order that the said Award be varied as follows as from the thirtieth day of April, 1991 :- I. In clause 27 (Hours) - (a) by deleting provision (b) of subclause ( I) and inserting the following in lieu thereof:- ..(b) Day Labour Only - (i) The ordinary hours of work in the nominal crushing season shall be worked between the hours of 6.00 a.m. and 6.00 p.m. Monday to Friday inclusive: Providing that the ordinary hours shall be worked continuously except for a meal break. (ii) The spread of hours as prescribed above may be altered as to all or sections of employees provided that there is agreement between the Employer and the m ajority of employees directly affected: Provided that the spread of hours shall not exceed twelve hours: Provided further that work done outside the hours of 6.00 a.m. to 6.00 p.m. shall be paid at overtime rates and will be deemed to be part of the ordinary hours of work for the purposes of this subclause. (iii) Th e ordinary starting and finishing times of various groups of employees or individual employees, may be stag- gered, provided that there is agreement between the Employer and the majority of employees directly affected. (iv) The ordinary hours of work prescribed herein shall not exceed 10 hours on any day: Provided that where the ordinary working hours are to exceed 8 on any day, the arrangement of hours shall be subject to the agreement of the Employer and the majority of employees concerned: Provided further that where any arrangement of ordinary hours exceed 8 on any day, the Chief Industrial In spector and the relevant Union or Unions shall be notified in writing within 14 days of commencement of work under such arrangement. (v) Employees shall be entitled to a meal break of a minimum of 30 minutes and a maximum of 60 minutes to be taken after the end of the fourth hour and prior to the start of the sixth hour from the commencement of the employee's ordinary hours: Provided that where agreed between the Employer and the majority of employees directly affected meal times may be altered or staggered." ; and (b) by deleting provision (a) of subclause (2) and inserting the following in lieu thereof:- "(a) Day Work - L -- 1 of 2 -- 11 6 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (i) The ordinary hours of work in the nominal slack season shall be worked between the hours of 6.00 a.m. and 6.00 p.m. Monday to Friday inclusive: Providing that the ordi- nary hours shall be wo rked continuously except for a meal break. (ii) The spread of hours as prescribed above may be altered as to all or sections of employees provided that there is agreement between the Employer and the majority of employees directly affected: Provided that the spread of hours shall not exceed twelve hours: Provided further that work done outside the hours of 6.00 a.m. to 6.00 p.m. shall be paid at overtime rates and will be deemed to be part of the ordinary hours of work for the purposes of this subclause. (iii) The ordinary starting and finishing times of various groups of employees or individual employees, may be stag- gered, provided that there is agreement between the Employer and the majority of emp loyees directly affected. (iv) The ordinary hours of work prescribed herein shall not exceed l O hours on any day: Provided that where the ordinary working hours are to exceed 8 on any day the arrangemen t of hours shall be subject to the agreeme~t of the Employer and the majority of employees concerned: Provided further that where any arrangement_of ordinary hours exceed 8 on any da y, the Chief Industrial Inspector and the relevant Union or Unions shall be notified in writing within 14 days of commencement of work under such arrangement. (v) Employees shall be entitled to a meal break of a minimum of 30 minutes and a maximum of 60 minutes to be taken after the end of the fourth hour and prior to the start of the sixth hour from the commencement of the emp loyee's ordinary hours: Provided that where agreed between the Employer and the majori ty of employees directly affected meal times may be altered or staggered.". 2. By deleting the first paragraph of clause 32 (Crib in Mills) and inserting the following in lieu thereof:- "Crib in Mills 32. Employees shall be allowed 30 minutes in each rostered shift for meal times (crib) which shall be taken after the completion of two hours and prior to the start of the sixth hour after the commencement of the em ployees· ordinary hours of work. The meal times shall be taken at such time so as not to interfere with the continuity of work. Meal times for shift workers shall be taken without deduction of pay.". Dated this thirtieth day of April, I99 I. By the Commission, [L.S.] M.J. CALLEN , Industrial Registrar. Operative Date: 30 April 199 l Variation - Structural Effic iency - Facilitative Clauses - Hours [25 May, 199 I 25 May, 1991] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (. ,\ l I t 117 .:1 ·1 :;. ;, ,! 1!:1 !! i}I· ii., it :I:l :i llf 11 11 l! ll lt lf.• j . i;,: j' I ,; rJ! J -- 2 of 2 --