Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees v University of Queensland Union [1991] QIRC 32 (1991) 136 QGIG 392

,. 392 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETT E [2 March, 1991 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 10.13 - application for variation Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees AND University of Queensland Union (No. R136-2A of 1989) CLERICAL AND ADM INISTRATIVE STAFF (UNIVERS ITY OF QUEENS LA ND) UN IVERSITY UN ION OF STUDENTS INDUSTRIA L AGREEM ENT COMMISSIONER ASHWOOD 18 January I 991 VARIATION THIS matter coming on for hearing before the Commission at Brisbane on I 8 January I 99 I, this Commission doth order that the sa id Industrial Agreement be varied as follows as from the eighteenth day of January, 199 1:- 1. By deleting clause 4 JWages and Allowances) and inserting the following in lieu thereo,:- "Wages and Allow ances 4.(1) Wages -The minimum rates of wages payable to employees covered by this Industrial Agreement shall be: - Administrative Officers - Grade l Scale Position I Scale Position 2 Scale Position 3 Administrati.ve Officers - Grade 2 Scale Position I Scale Position 2 Scale Position 3 Clerical Staff - Per Fonnight s 1,000.20 1,008.50 1,016.80 1,062.50 1,069. 20 1,076.50 Age Sca le Clerk Clerk-T)'pisl S1enographer Clerical Position Per Fonni gb1 Per Fonnight Per Fonnight Assistant 21 20 19 18 17 16 16 15 14 13 12 II 10 9 8 7 6 5 4 3 2 I $ 944 .70 925.40 906.60 888. 20 869.20 850.40 83 1.90 812.60 793.60 775.00 746.00 619. 10 569.30 518.00 464.00 400.90 $ s Per F~nnigln 800. 90 809.00 788.20 797.00 775.00 775.70 785.60 75 2. 50 752.90 772 .60 739.00 740.40 749.60 7Z6.00 728.60 738 .20 711.70 717.00 726 .80 698. 30 704.30 715. 20 673.30 598.00 608 .70 558.50 548.00 559 .00 515.70 494,80 506.90 466 3-0 442,()() 453.60 41 6.90 378.30 390.50 374.90 (2) Allowances In addition to t.he wages prescribed above, employees as specified shall be paid allowances:- (i) Stenographers - Proficiency Allowance - Speed Shorthand 140 words per minute S.honhand 130 words per minute Shorthand 120 words per minute Shonhand 110 words per minute Shonhand 100 words per minute Typing 75 words per minute Typing 70 words per minute Typing 65 words per minute Typing 60 words per minute Typing 55 words per minute (i i) C.,erk-Typists - Proficiency Allowance - Per Fonnigh1 $ 27.80 22.20 16 .70 I 1.1 0 5.60 27.80 22.20 16.70 I 1.1 0 5.60 2 March, 1991] QU EENSLAND GOV ER NMENT IN DUSTRIAL GAZETTE 393 Per Fonnighl s Typing 75 words per minute Typing 70 words per minute Typing 65 words per minute Typing 60 words per minute Typing 55 words per minute 27.80 22.20 16 . 70 l I.JO 5.60 (iii) Qualification Allowance - A full-time employee who has sattsfied the requirements:- (a) for a Degree of any University in Australia; or (b) of the Public Accountant's Registration Board; or (c) for admission to membership of an Accountancy or Secretarial Institute recognised by the Employer for the purpose of this clause; or (d) for admission to the Bar or to practice as a Solicitor in Queensland; or (e) for any other qualification approved by the Employer; shall in addition to the appropriate wage prescribed herein, be paid an allowance at the rate of $35.20 per fortnight: Provided that such Degree. Diploma, Certificate or other qualifi- cation is relevant to the employee's current duties. l? (3) Casuals - The hourly rate payable to casual employees shall be calculaied by dividing the appropriate fortnightly wage, pre- scribed herein, by 70 and by adding 20% thereto. Such employees shall be paid as fo r a minimum of 2 hours' work per engagement.". 1. By inserting a new clause 7A (Higher Duties Payment) as _p:>llows:- "Higher Duties Pa yme nt 7A .(I) An employee who is directed to assume, for a minimum period of five ordinary working da ys, the duties and responsibilities of a higher classified office - (a) of an employee who is on leave; (b) of an employee who has been directed to perform other duties; or (c) which is vacant, shall be paid a higher duties allowance which shall consist of the relevant percentage of the difference between the wage of the employee and the wage of the higher classified office. ,(2) For the purpose of this provision:- (a) 'a higher classified office' shall be an office having a higher wage than the wage of the office actually beld by the employee first referred to in subclause (I); (b) 'the relevant percentage' shall be the percentage which, , in the opinion of the employee being relieved, the relieving employee, and the Employer (Treasurer), in consultation with the person in charge of the area concerned, represents the extent to which the employee has assumed the full duties and responsibilities of the higher classified office . (3) For the purpose only of determining whether an employee has satisfied the mm imum period requirement, leave taken after the employee commenced to perform the higher duties and responsi- bilities shall be counted as forming part of the period of perform- ance of the higher duties if - (a) immediately upon returning from leave the employee actually resumes duty in the higher classified office; and (b) the leave taken is - (i) leave on full pay; (ii) special leave without pay sranted to enable the officer to claim worker's compensauon; or (iii) sick leave without pay. (4) Subject to the operation of subclause (5), higher duties allowance shall not be paid in respect of any leave taken during the period for which an employee has assumed higher duties. (5) Where an employee takes any form of leave on full pay after ihe employee. has been directed to assume the higher duties and responsibilities for the immediately preceding 12 months, the higher duties allowance shall continue to be payable in respect of that leave of full pay if. during that 12 months, the only leave wh ich the employee has taken is leave which may be credited as service.". 1 1048 1- 31 3. By inserting a new clause 16A (Training) as follows:- "Trainin g l 6A.( I) The parties to this Agreement recognise that in order to increase the efficiency 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 tlex ible workforce; (b) providing employees wi th career opportunities through appropriate training to acquire additional skills; and (c) removing barriers to the utilisation of skills required. (2) Following proper consultation or through the establishment of a training committee, the Employer shaJI 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 inMitutions and providers. (3) Where it is agreed a training committee be established, that training committee should be constituted by equal numbers of Employer and employee representatives and have a charter which clearly states its role and responsibjljties, for example:- (a) formulation of a training programme and availability of training courses and career opportunities to employees; (b) dissemination of information on the training programme and availabili ty of training courses; (c) the recommending 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 training may be undertaken either on or off the job: Provided that if the training 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 trainmg leave. (b) Any costs associated wi th standard fees for prescribed courses and prescribed textbooks legitimately incurred in connection with the undertaking of training shall be reimbursed 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) Legi timate travel costs incurred by an em ployee 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 date as agreed between the parties. In the meantime, the parties shall ir..onitor the effectiveness of those in terim provisions in encouraging the attainment of the objectiveness detailed in subclause (I) herei n. In this connection, the Industrial Organization reserves the right to press for the mandatory prescription of a minimum number of training hours per annum. wi thout loss of pay, for an employee undertaking training to meet the needs of the individual enterprise.". 4. By deleting clause 17 (Termination of Service) and inserting the following in lieu thereof:- "N otice and Term ination of Service In Ca ses Oth er than Redundancy I 7.( I) Except in circumstances where the provisions of clause B (Introduction of Changes) and of clause C (Redundancy) of the Statement of Policy referred to in clause 17A (Termination of Employment in Cases oflntroduction of Changes and Redundancy) apply, 2 weeks notice shall be given by either party on the termination of service, or 2 wee ks wages allowed or forfeited in lieu thereof, ex ce pt in cases of dishonesty, drunkenness or insu- bordination, when an employee shall be subject to instant dismissal -- 1 of 2 -- 394 QUEENSLAND GOVERNMENT IN DUSTRIAL GAZETTE and entitled to his/her wages and all holiday pay due to h im/her up to the time of such dismissal: Provided that the 2 weeks notice cann ot be cou nted as annual leave or part thereof. (2) In the application of 17(1) above, the provisions of clause A5 (Disputes and Claims Settlement Procedure) of the Statement of Policy referred to in clause 17A (Termination of Employment in Cases of Introduc ti on of Changes and Redundancy) sha ll apply.". 5. By adding a new clause 17A (Termination of Employment in Cases of Introduction of Changes and Redundancy) as follows:- "Terminatio n of Em ployment in Cases of Introduction of Changes and Red undancy 17 A. Except as provided for in clau se 17( I) hereof, Employers and employees to whom this Agreemen t applies shall observe the terms and conditions of the Statement of Policy of Termination of Employment, Introduction of Changes and Redundancy contained in the decision of the Full Bench of the Commission da ted 16 June 1987, and published in the Queensland Governmenr Industrial Gazerte Vol. 125, folios 1 11 9-1121 as amended by 125 QGIG 1377 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 wi th the fo ll owing:- ' 3.(a) In order to terminate the employmen t of an employee, the Employer shall give the following notice:- Period of Continuous Service 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 Notice . . 2 weeks . . 4 weeks . . 6 weeks . . 7 weeks . . 8 weeks'; (2) under clause C (Redundancy), subclause 6 (Severance Pay), payments shall be as foll o ws:- 'Period of Con tinuou.$ Se rvice I year or less . . . . . . . . . . . . . . 1 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 . . 2 weeks . . 4 weeks .. 6 weeks . . 8 weeks . . 10 weeks'; (3) tha_t in addition to subclause 6 (Severance Pay) emp loyees shall be entitled to receive full payout of all accrued unused sick leave and pro rata long service leave accrued after 5 years' service: Provided that t he provisions of clause A (Termination of Employ- ment) contained in the aforesaid Statement of Policy shall not have appl ication under this Agreement, except in ci rcumstances resulting from introduction of changes and/or redundancy as set out rn clauses B and C respectively of that Statement of Policy. The Employer shall display a copy 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 eighteenth day of January. I 99 I. By the Commission, IL.S .] M.J. CALLEN, ndustrial Registrar. Operative Date: 18 Januarv 1991 Variation - Restructuring - Second Pa yment (2 March, I 991 2 March, 19 91] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 395 -- 2 of 2 --