Australian Railways Union of Employees, Queensland Branch and Others v Commissioner for Railways [1991] QIRC 38 (1991) 136 QGIG 424

... 424 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [9 March, 1991 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act /990 s. I0.12 - application for variation Australian Railways Union of Employees, Queensland Branch and Others AND Commissioner for Railways (No. B387 of 1990) RAI LWAY AWARD - STATE COMMI SSIONER ASHWOOD 21 February I 991 Allowances - Disability Allowance - Asbestos Allowance - Asbestos Handling and Eradication - Protective Clothing - Administrative Arrangements - Inspection by Tribunal - Wage Fixation Principles (Allowances Principle) - Arbitrated Matter - N ew Provision Inserted - Quantum of Allowances Granted io Part. DECISION Th is applicati on by the Australian Railways Uni on of Employees, Queensland Branch requested that a new provision be included in the above Award in relation to asbestos, both as to the use of protective equipment and asbestos eradication. Preliminary hearings were held on 23 November I 990 and 16 January 1991 at which times the Commission was advised of proposed conferences, conferences and amendments to the original application. On 19 February the Commission and parties visited the Railway Workshops at Ipswich where a demonstration of protective equip- ment used in relation to wo rk involving asbestos was presented and several workplace situations where asbestos was handled were shown to those in attendan ce. The application was supported by The Amalgamated Metal Work- ers· Union of Employees Queensland, The Electrical Trades Union of Employees of Australia, Queensland Branch, The Vehicle Build- ers Employees' Federation of Australia, Qu ee nsland Branch, Union of Employees, the Federated Ironworkers Association of Australia (Queensland Branch) Union of Emplo yees, and Th e Association of Architects, Engineers, Surveyors and Draughtsmen of Australia, Queensland, Union of Employees. Following the demonstration on 19 February the Commission proceeded to hear submissions in relation to the application. In amended form the application wa s worded in similar terms to a provision inserted in the Building Trades Award - State by Commissioner H.G.A. Peebles on 2 I February I989 (application B4 78 of 1984 - 130 QGIG 389). From views expressed by the parties it was clear that no objection was taken to the wording or the requested inclusion of such a provision in the Award. Whereas the provision in the Building Trades Award - State at present provides that emplo yees using protective equipment, as defined, shall be paid 43c per hour whilst using such equipment and those involved in asbestos eradication shall receive $ l.l 6 per hour, the ap pl icant, supJ?Orted by the Unions of Employees, requested that the allowance be $1.32 per hour in both instances. Queensland Railways opposed the quantum of the proposed allow- ance as requested by the appli cant but indicated that it was prepared for the proposed clause to reflect the amounts currently be ing paid in the Building Trades Award - Stat e. Reference was made in submissions by the applicant to amounts paid in relation to asbestos work in the Railway Me tal Trades Award, an award of the Australian Industrial Relations Commission. The Commission was advised that allowances as contained in the Bui lding Trades Award - State are currently being paid to railway employees involved in asbest os work by administrative arrange- ment. It should be recorded that because an employer is making a payment by administrative arrangement it does not follow that the Commission should automatically adopt and include such arrangement as a provision in an award. Consideration has been given to the submissions of the parties and to the present Wage Fixation Principles of this Commission. Accordingly in view of the agreement reached by the parties as to the inclusion and wording of the provision, I intend to include such provision in the instant Award. Insofar as amounts are concerned I believe that I should fix the amounts for the two allowances at the level of those contained in the Building Trades Award - State as contained in clause 10(17)(c) - 43c per hour for wearing of protective equipment and $1. 16 per hour wh ere engaged in asbestos eradication. The submissions of the applicant as to $ 1.32 in both instances and the amounts contained in the Rail way Metal Trades Award have not persuaded me to e xceed the amounts contained in the Building Trades Award - State. The variation to the Award will apply from Monday 25 February 1991. Order accordingly. G.M. ASHWOOD, Commissioner. Appearances-.- Mr L. Crofton and Mr 0. Doogan for the Australian Railways Union of Employees, Queensland Branch. Mr G. Bess and Ms K. lngliss for The Vehicle Builders Employees' Federation of Australia, Queensland Branch, Union of Employees. ; Mr G. Ray for the Queensland Railway Employees Union o. Employees. Mr I. Buckley and Mr C. Vickers for the Federated lronworkers Association of Australia (Queensland Branch) Union of Emplo yees and The Association of Architect s, Engineers, Surveyors and Draughtsmen of Australia, Queensland, Union of Emplo yees. Mr N. Roberts and Mr W. Randall for The Electrical Trades Union of Employees of Australia, Queensland Branch. Mr D. Lofthouse and Mr G. Mackee for The Amalgamated Metal Workers' Union of Employees Queensland. Mr P. Lucas, Mr L. Dunn and Ms M. Spall for the Commissioner for Railways. Operative Date: 25 February I 99 I Decision - Asbestos - Protective Equipment and Eradication Allowances 9 March, 1991 ] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 425 -- 1 of 1 --