Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees v Griffith University Student Representative Council [1991] QIRC 41 (1991) 136 QGIG 429

428 QUEENSLAND GOVERNMENT IN DUSTRIAL GAZETTE [9 March, 1991 9 March, 199 1) QUEENSLA ND GOVERNMENT INDUS TR IAL GAZETTE 429 QUEENSLA ND INDUSTRIAL RELATIO NS COMMISSION Industrial Relations Act 1990 s. I 0.13 - application for variation Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees AND Griffith University Student Representative Council {No. R136-2B of 1989) CLERJCAL AND ADMINISTRATIVE STAFF - GRIFFITH UNIVERSITY UN ION OF STUDENTS INDUSTRIAL AGREEMENT COMMISSIONER ASHWOOD 22 February I99 I VAR LA.TION THIS matter coming on for hearing before the Commission at Brisbane on 22 February 1991, this Commission doth order that the said Industrial Agreement be varied as follows as from the twenty-second day of February, 1991 :- 1. By deleting the title of the Industrial Agreement and inserting J, the following in lieu thereof:- "CLERICAL AND ADMINISTRATIVE STAFF - GRIFFITH UNIYERSITY STUDENT REPRESENTATIVE COUNCIL INDUSTRIAL AGREEMENT" 2. By deleting clause 2 (Hours of Duty) and inserting the following in lieu thereof:- "Hours of Duty 2.(1) The ordinary wo rking hours, exclusive of meal breaks, shall comprise seventy per fortnight and shall not exceed seven hours and forty-seven minutes in any one day and shall be worked between the hours of 8.00 a.m. and 6.00 p.m. Monday to Friday. 1(2) All employees shall be entitled to a meal break of forty-five minutes duration between I 2 noon and 2.00 p.m.". 3. By deleting clause 3 (Salaries) and inserting the following in lieu thereof:- "Salaries 3.(1) The following shall be the minimum fortnightly salaries for clerical and administra tive employees covered by this Agre ement:- (a) Jun iors - 16 years of age and under I 7 years of age 18 years of age 19 years of age 20 years of age (b) Adults - I st year of service 2nd year of service 3rd year of service 4th year of service 5th year of service 6th year of service 7th year of service 8th year of service 9th year of service 10th year of service 11 th year of service Per fonoi. gln s 40 1.90 464.90 518.90 570.20 619.90 Per for night 747.20 776.60 795.40 814.20 833.30 852.10 871.00 889.80 908.10 927. 10 946.30 (c) Ca suals.- The hourly rate payable to casual employees shall be calculated by dividing the fortnightly salary for the appropriate year of service by seventy and by adding twenty per centum thereto. (2) The following shall be the minimum fortnightly salaries for the adm inistrati ve officers covered by this Agreement:- I st year of service 2nd year of service 3rd year of service Per fo rt ni ght s 1,002.00 1,010.00 1,0 18.3 0". 4. By deleting clause 4 (Qualification Allowance) and inserti ng the following in lieu thereof:- "Qualification Allowance 4. Any employee who has satisfied the examination requirements :- (a) for a Degree of a recognised Universit y; or (b) for such other examination as might be approved for the purpose of this clause by the Employer, shall be paid an allowance at the rate of $35.20 per fortnight in addition to the salary prescribed in this Agreement.". 5. By deleting clause 5 (Performance of Extra or Special Duties) and inserting the following in lieu thereof:- "Performance of Extra or S pecial Duties 5. An emp loyee who is directed by the Employer to perform for a period of five da ys or more all the duties of an emp loyee in a h~er position shall be paid for the whole of that t im e at the minimum rate prescribed for such higher position. (Or a pro ra/a pa yment of the difference bet ween the 1wo salary levels if all of the duties are not performed). Where the duties of a much higher position are shared amongst two or more emp loyees, then pro rata payment shall be made.". 6. By inserting a new clause 16B (Training) as follows:- ''Training 16 B.(I) The parties to this Agreement recognise that in order to increase the effi ciency and productivity, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:- (a) developing a more highly skilled and flexible workforce; (b) providing employees with career opportunities through appropriate training to acquire addi tional skills; and (c) removing barriers to the utilisation of skills required. (2) Following proper consultation or through the est ab lishment of a training committee, the Employer shall develop a training pro- gramme consistent with:- (a) the current and future skill needs of the enterprise; (b) the size, structure and nature of the operation of the enterprise; (c) the need to develop vocational skills relevant to the enterprise., through courses conducted by accredited educa- tional institutions and providers. (3) Where it is agreed a training committee be established, that training committee should be constituted by equal numbers of Employer and emp loyee representatives and have a charter which clearly states its role and responsibilities. for e xa mp le:- (a) formulation of a training programme and availability of training courses and career opportunities to emp loyees; (b) dissemination of information on the training programme and availability of training courses; (c) the recommendi ng of individual employees for training and reclassification; (d) monitoring and advising management and employees on the on-going effectiveness of the training. (4)(a) Where it is agreed that additional training in accordance with the programme developed pursuant to subclause (2) herein should be undertaken by an employee, that trai ning may be undertaken either on or off the job: Provided that if the training -- 1 of 2 -- 430 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (9 March, 1991 is undertaken during ordinary working hours the employee con- cerned shall not suffer any loss of pay. The Employer shall not unreasonably withhold such paid training leave. (b) Any costs associated with standard fees for prescribed courses and prescribed textbooks legi timately incurred in connect ion wi th the undertaking of training shall be reimbu rsed by the Employer upon production of evidence of such expenditure: Provided that reimbursement shall also be on an annual basis subject to the presentation of reports of satisfactory progress. (c) Legitimate travel costs incurred by an employee undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by the Employer. (5) Subclauses (2), (3) and (4) herein shall operate as interim provisions and shall be reviewed as part of the ongoing process of Agreement restructuring with a target completion da te as agreed between the parties. In the meantime, t he parties shall monitor the effectiveness of those. interim provisions in encouraging the attainment of the objectiveness detailed in subclause (I) herein. In this connection. the In dustrial Organization reserves the right to press for the mandatory prescription of a minimum number of training hours per annum, without loss of pay, for an employee undertaking training to meet the needs of the individual enterprise." . 7. By deleting clause 17 (Terminati on of Service) and inserting the following in lieu thereof:- "Not:i ce and Termjnation of Service in Cases Other than Redundancy 17 .(I) Except in circumstances where the provisions of clause B (Introduction of Ch anges) and of clause C (Redundancy) of the Statement of Policy referred to in clause I 7A (Termination of Employment in Cases oflntroduction of Changes and Redundancy) apply, two wee ks notice shall be given by either party on the termmauon of service. or two weeks salarv allowed or forfeited in lieu thereof, except in cases of dishonesty, drunkenness or insu- bordination, when an employee shall be subject to instant dismissal and entitled to his/her salary and all holiday pay due to him/her up to the time of such dismissal: Provided that the 2 weeks notict' cannot be counted as annual leave or part thereof. (2) In the application of 17( 1) above, the provisions of clause A5 (Disputes and Claims Settlement Procedu re) of the Statement of Policy referred to in clause 17 A (Termination of Employment in Cases of Introduction of Changes and Redundancy) shall apply.". 8. By ad ding a new clause I 7A (Termination of Emplo ym ent in Cases of Introduction of Changes and Redundancy) as follows:- "Termination of Employment in Cases of Introducti on of Changes and Redundancy 17A. Except as pro,·idcd for in clause 17( 1) hereof, Employers and emp loyees to whom this Agreement applies shall observe the terms and conditions of t he Statement of Policy of Termination of Employment, Introduction of Changes and Redundancy contained in the decision of the Full Bench of the Commission dated 16 June 1987 , and published in the Queensland Government Industrial Gazelle Vol. 125, folios 1 119-1 121 as amended by 125 QG JG 13 77 and 126 QGIG 188 , with the exception that:- ( I) the period of notice in clause A, subclause 3(a) (Termination by Employer) shall be replaced with the following:- '3.(a) In order to terminate the employment of an em ployee. the Employer shall give the following notice:- Period of Continuous Serv ice I year or less . . . . . . . . . . . . . . I year or up to completion of 2 years 2 years or up to completion of 3 years 3 years or up to completion of 4 years 4 years and over . . . . . . . . . . . and Period of No1j ce . .2 weeks . . 4 weeks . . 6 weeks . . 7 weeks . . 8 weeks'; (2) under clause C (Redundancy), subc la use 6 (Severance Pa y) , payments shall be as follows:- ·Period of Con tinuous Service I yea r of less .. 2 wee.ks 'Period of Continuou s Service I year or up to completion of 2 vears 2 years or up to completion of 3' years 3 years or up to completion of 4 years 4 years and over and . . 4 weeks .. 6 weeks .. 8 weeks .. 10 weeks'; (3) that in addition to subclause 6 (Severance Pay) employees shall be entitled to receive full payout of all accrued unused sick leave and pro raia long service leave accrued after 5 years' service: Prov ided that the p rovisions of clause A (Termination of Employ- ment) contained m the aforesaid Statement of Policy shall not have application under this Agre ement, except in circumstances resulting from introduction of changes and/or redundancy as set out in clauses B and C respectively of that Statement of Policy. The Employer shall display a COl?Y of the aforementioned decision of the Full Bench of the Commission in such a position as to be easily read by the employees.". Dated this twen ty-second day of February, 199 1. By the Commission, [L. S.] M .J . CALLEN, Industrial Registrar. Operative Date: 22 February 1991 Va riation - Restructuring - Second Payment 9 March, 1991] QUEENSLAND GOVERNMENT INDUSTRIAL G AZ ETTE 431 -- 2 of 2 --