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Australian Railways Union of Employees, Queensland Branch and Others v Commissioner for Railways [1991] QIRC 39 (1991) 136 QGIG 425

Case law · Queensland · 1991
... 424 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [9 March, 1991 9 March, 1991 ] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. I0. 12 - application for variation Australian Railways Union of Employees, Queensland Branch and Others AND Commissioner for Railways (No. B387 of 1990) RAILWAY AWARD - STATE COMMISSIONER ASHWOOD 21 February 1991 VARIATION THIS matter coming on for bearing before the Commission at Brisbane on 23 November I 990 and I6 January and 19 February 1991, this Commission doth order that the said Award be varied as follows as from the twenty-fifth day of Februa ry, 1991:- i BY adding a new subclause (32) to clause 86 (General - All Employees) as foUows:- "(32) Asbestos - (a) All aspects of asbestos work will meet as a minimum standard with the National Occupation Health and Safety Commission codes as varied from time to time. 1 Employees required to use materials containing asbestos shall be provided with and shall use all necessary safeguards as required by the appropriate occupational health authority. Where such safeguards include the mandatory wearing ofprotect.ive equipment (i.e. combination overalls and respiratory prot ~cuon equipment or similar apparatus) such employees shall be paid 43c extra per hour whilst so engaged. (b) Asbestos Eradication - The following shall apply to employees engaged in the process of asbestos eradication on the performance of work within the scope of this Award. Asbestos eradication is defined as work on or about buildings involving the removal or any other method of neutralisation of any materials which consists of or contains asbestos. .,Any person performing asbestos eradication work shall do so in accordance with the Workplace Health and Safety Regulauons 1989. Respiratory protective equipment conforming to the relevant parts of the appropriate Australian Standard (i.e. AS 1716 'Specification for Respiratory Protective Devices') shall be worn by all personnel ,during work involving eradication of asbestos. \ In addition to the rates prescribed in this Award, an employee engaged in asbestos eradication (as defined) shall receive in addiuon $1.16 per hour worked in lieu of all disability allowances contained in this Award except those for Height Money in clause 86(23) and Swing-Scaffold in clause 86( 25).". Dated this twenty-first day of February, I 991. By the Commission, \ L.S .] M.J . CALLEN, ndustrial Registrar. Operative Date: 25 February I 991. . . . Variation - Asbestos - Protecuve Equipment and Erad1ca11on Allowances 425 -- 1 of 1 --