Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees and Another v Queensland Hotels Association, Union of Employers and Others [1991] QIRC 11 (1991) 136 QGIG 292

-- · 292 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (2 February, 199 1 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 10.12 - application for variation Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees and Another AND Queensland Hotels Association, Union of Employers and Others (No. Rl 37-2 of 1989) CLERKS' AW ARD - HOTELS AND REGISTERED CLUBS - STATE COMM ISSIONER ASHWOOD 17 January 1991 VARIATION THIS matter coming on for hearing before the Commission at Bris~ane on I 9 December I 990 and 17 January I 991. this Com- mission doth order that the said Award be varied as follows as from the twenty-fi rst day of January, I 99 1: - l. In clause 3 (Definitions), by deleting subclauses (4), (10), ( 11 ) ( 12) and (I 3) and inserting the following in lieu thereof:- ' "(4) 'Casual Employee' _shall mean an employee engaged by the hour who may be termmated by the Employer or leave his/h er employment at an y time. (10) 'Bookkeeper' sha ll mean any adult clerk, other than one whose duties are exclusively or principally those of a machine operator ~~- ' (a) Exdusively or pri_ncipally employed io maintaining or controlhng self-balancmg sets of books or other self-balancing records of account (not being merely personal accounts such as d eb tors or creditors ledgers) for any business organisation or enterprise: and (b) Who has responsibility for such sets of books or records at least to a trial balance stage; (c) Notwithstanding the provisi ons of (a) and (b) hereof an adult clerk in the employment of a public accountant or c~~rtered accoun~nt, whose nor~al duties involve respon- s1b1hty for aud1tmg or superv1S1on of the audit of self- balancing ledgers other than personal ledgers shall be regarded as a bookkeeper. (II) 'T imekeeper' shall mean any adult clerk other than one whose duties are exclusively or principally those of a machine operator who 1s:- (a) R espc;msible for the actual collating and/ or verifying of mformatton required for the presentauon of wages; and (b) Whose normal duties include recording the physical attendance of employees at work; and (c) ls employed either exclusively or principally on such duties. (12) ' Pay Clerk' shall mean any adult clerk other than one whose duties are exclusively or principally those of a machine operator who is: - (a) Responsible for the actual preparation of salaries and/ or wages; and/or (b) Keeps and is responsible for associated records and statistics; and (c) _Is employed either exclusively or principally on such duties (although not responsible for policy decisions). (13) 'Part-Time Employee' shall mean an employee engaged as such and who 1s employed for not more than thirty-two (32) and not less than twelve (12) ordinary hours in any one (I) week.''. ) 2 February, 199 I] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 293 2. By deleting clause 4 (Hours) and inserting the following in lieu thereof:- "Hours 4.(a) The ordinary working hours of all employee.s covered by this Award shall not exceed forty ( 40) in any one (I) week or eight (8) in any one (I) day, and shall be worked between 6.30 a.m. and 6.30 p.m. on Mondays to Fridays inclusive. (b) Provided that:- (i) The ordinary hours of work of booking clerks, dining room cashiers and switchboard attendants may be worked between the hours of 7.00 a.m. and I 1.00 p.m. (ii) The ordinary hours of work of night booking clerks and night switchboard attendants may be worked between the hours of I 1.00 p.m. and 7.30 a.m. Wherever practicable the ordinary hours of work of the employees referred to in paragraphs (i) and (ii) above shall be worked in five (5) days, and under no circumstances in more than five and a-half (5 I / 2) days in any one (I) week. (c)(i) All t ime worked by employees covered by subclause (b) hereof not being overtime within the meaning of clause 9 (Overtime) of this Award shall be paid for at the rate of time and a-half for all time worked between midnight Friday and midnight Saturday and at the rate of time and three-quarters for all time worked between midnight Saturday and midnight Sunday. (ii) An emplovee who is required to work any of his/her ordinary hours after 6.30 p.m. on any day Monday to Friday inclusive, shall be paid 69 cents per hour or part thereof, with a minimum payment of $1.18 on any on e (I) day, in addition to the rates prescribed for the time worked after 6.30 p.m. (d) Ordinill)' working hours for employees covered by subclause (b) hereof (except casuals) shall be in accordance with a roster which shall be displayed in a prominent place one (I) week in advance:- Provided that the rost er may be changed by mutual consent at any time, or by absence through sickness or other circumstances over which the Employer has no control: Provided that such ordinary hours shall be worked in accordance with the roster to be approved if so required by the Branch Secretary of the Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees and/or the Branch Sec- retary of the Federated Clerks' Union of Australia, North Queens- land Branch, Union of Employees.''. 3. By deleti ng subclause (a) of clause 5 (Meal Breaks and Rest Pauses) and inserting the following in li eu thereof:- "Meal Brea ks a nd Rest Pauses 5. (a) Not more than one (I) hour nor less than one half (1 / 2) hour shall be allowed for each lunch, dinner or breakfast, exclusive of the ordinary working hours. No employee shall be compelled to work continuously for more than six (6) hours without a meal break.". 4. By de le ting clause 6 (Wages) and inserting the following in lieu thereof:- "Wages 6.( I) The minim um rate of wages payable to the following classes of employees shall be:- Clerks - (Including Night Booki ng Clerks and Night Swit ch board Attendants) - Qerlts, excluding Niaht Boo ki ng Clerks and Night Switchboard Attendants - 15 and under 16 years Percentage of Minimum Adult Rate 'lb o f age . . . . 45 16 and under 17 years o f age . . . 50 17 and under 18 years of age . . . . 55 I 8 and under 19 years of aie 65 Southem Division (Eastern District) Pe r week $ Mackay Division Per week $ Northern Division (Eastern District) Per~k $ Southern ~ef~~~ Northern Percentage Division Division of (Eas1ern (Eastern Minimum Adult District) District) Rate Per week Per week Per week % s $ $ 19 an d under 20 years of age . . . 75 20 and under 21 years of age 85 Ocrks, including Night Booking C l erks a nd Night Switc hboard Attendants - 2I and under ll years of age . . . . . . 342.90 343.80 343.95 22 and under 23 ye.an of age . . . . . 349.60 35 0.50 350. 65 23 and under 24 years of age . . .. 356 .40 357.30 357.45 24 years of age and over 362.90 363.80 363.95 Booki~ Oerks - Under 9 years of age 65 19 and under 20 years of age . . . . . . 75 20 and undcr 21 years of age .. . . . 85 2I and under 22 years of age . . . .. 342 .90 343.80 343.95 22 and under 23 years of age . . . . . . 349.60 350. 50 350.65 23 and under 24 years of age . . . . . . 356.40 357.30 35 7.45 24 years of age and over 362.90 363.80 363.95 (2) Clerks - (Including Dining Room cashiers) - Southern Mackay Northern Percentage Divis.ion Division Division of (Eastern (Eastern Mi nimum Adult District) District) Rate Per week Per week Per week % $ $ $ lflerks. exclud in g ining Room Cash- i ers) - 15 and under 16 years of age . . . . . 45 16 and under 17 years of age . . . . . . 50 17 and under 18 years of age . . . . . . 55 \Clerks including Din• tng Room Cashiers) - 18 and under 19 years of age . . . . . 65 19 and under 20 years of age . . . . . . 75 20 a nd under 21 years of age . . . . . . 85 21 and under 22 years of age . . . . 342.90 343 .80 343.95 22 and under 23 years of age . . . . . . 349.60 350.50 350.65 23 and under 24 years of age . . . . . . 356 .40 357.30 35 7.4 5 24 years of age and over 362.90 363.80 363.95 (3) In addition to the rates of wages prescribed herein, an employee employed as a Stenotypist, Comptometer Operator, Ledger Posting Machine Operator, or Punch Card Tabul ator Operator. shall be paid, as part of her/ his weekly wage, a further sum of $5.80 per week: Provided that in the case of any Stenotypist specifically required by her/his Employer to be qualified for and capable of writing shorthand at the rate of 120 words per minute, and to be qualified for and capable of typing at the rate of 70 words per minute and in the case of any electronic data processing equipment com puter operator, the additional am ount pa ya ble. as part of her/ his weekly wa ge , shall be $9.53 per week. Where an employee is engaged for only part of her/ his time on any du ties mentioned under this heading, a proportionate pavment shall be made fo r the time so engaged. • (4) Switchboard Allendants - Southern Ma ckay Nonhcm Percentage Division Division Divisi on of Minimum (Eastern District) (Eastern District) Adult Rate Pe r week Per week Per week % $ $ $ U nder 19 years of age 65 I 9 and under 20 years of age . . . 75 20 and under 21 years of age . . . . 85 21 years of age and over 342.90 343.80 343.95 -- 1 of 2 -- 294 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [2 February, 1991 (5) Casuals - Southern Northern Division Mackav Div1s10n Division (Eastern District) • (Eastern District) Per hour Per hour Per hour $ $ $ ~asuals m-er 18 years of age Casuals 18 years of age and under 10.7192 10.7473 10.7525 5.4306 5.4444 5.4470 Casuals shall be paid for not less than two (2) hours for each engagement. (6) Any employee appointed by the Employer to supervise and control other employees shall be paid in addition to her/his ordinary rate the following allowance:- Per week $ Employees in charge of more than one and not more than eight employees 5.68 Employees in charge of more than eight and not more than sixteen employees 8.54 Employees in charge of more than sixteen employees 11.37 (7) Calculatzon of JunIOr Rates - Junior rates shall be calculated in multiples of ten (I 0) cents with any result of five (5) cents or more being taken to the next highest ten ( 10) cent multiple. (8) Part-Time Employees.- Employees may be engaged as part- time workers subject to the following conditions:- (a) The spread of ordinary working hours shall be the same as those prescribed for weekly employees. (b) The number of ordinary working hours in any one (1) week shall not be less than twelve (12) and shall not exceed thirty-two (32). (c) The ordinary daily working hours shall be worked con- tinuously. excluding meal break, and shall not be less than three (3) or more than eight (8) hours per day. (d) Employees shall be paid an hourly rate equal to the appropriate weekly rate divided by forty (40). (c) Employees shall be entitled to a proportionate amount of annual leave, sick leave, long service leave. bereavement leave and all statutory holidays as prescribed for weekly employees. (f) In each instance. the proportionate entitlement shall be determined by dividing the average number of hours worked each week by forty ( 40). (g) Employees who work a minimum of four (4) consecutive ordinary hours on any day shall be entitled to a rest pause of ten (10) minutes duration without loss of pay. Such rest pause shall be taken at such times as will not interfere with the continuity of work where continwty in the opinion of the Employer is necessary. (h) Subject to the provisions contained herein, all other provisions of the Award relevant to weekly employees shall apply to part-time employees.". 5. By deleting subclauses (d) and (e) of clause 9 (Overtime) and by renumbering subclause (f) as subclause (d). 6. In clause 10 /Holidays) - (a) by deleting the fourth paragraph; (b) by renumbering clause I O as subclause (I) of clause 10: and (c) by adding a new subclause (2) as follows:- "(2) Should any of the holidays as referred to in subclause (I) occur on the day that an employee is rostered off duty, by mutual agreement between the Employer and the employee, such employee shall, in lieu of such holiday, be entitled to either:- (a) Be paid an extra day's pay; (b) Be granted another day off: (c) Have a day added to their annual leave entitlement.". 7. By deletmg subclause (i) of clause 12 (Notice and Termination of Service in Cases Other Than Redundancy) and inserting the following in lieu thereof:- " l 2.(1) 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 12A (Introduction of Changes, Termination of Employment in Cases of Redundancv) apply, and in the case of Probationary Employees engaged under the provisions of clause 12B, one (l) week's notice shall be given by either party on the termination of service, or one (I) week's salary allowed or forfeited in lieu thereof, except in cases of dishonesty, drunkenness or insubordination, when an employee shall be subject to instant dismissal and entitled to his or her salary and all holiday pay due to him or her up to the time of such dismissal: Provided that the week's notice cannot be counted as annual leave or part thereof.". 8. By inserting a new clause 12B (Probationary Employment) as follows:- "Probationary Employment 128.(a) Jn the_ case of employees (other than casuals), Employers ma)'., by providmg an employee at the point of engagement with advice in writing, engage an employee on a probationary basis for a period not exceeding four (4) weeks. (b) The written advice shall state clearly that employment is offered for a probationary period which shall be specified and the emplovee will be provided with written terms of probation. " (c) Probationary employees may give, or be given, notice on the following basis:- First week of service - I dav's notice· Second week of service - 2 day's notice; Third week of service - 3 day's notice; Fourth week of service - 4 day's notice; or payment in lieu thereof. (d) Nothing in this provision shall be read to implv or confer anv reduction in an Employer's right to dismiss an emplovee without notice for misconduct.". • 9. In clause 13 (Sick Leave), by renumbering subclauses (3) and (4) as (4) and (5) respectively and by inserting a new subclause (3) as fol!ows:- "(3) In cases where an employee's record of attendance at work deteriorates to a point where it can be deemed to be unsatisfactory, the Employer may introduce a system whereby the employee will be required to produce satisfactory medical evidence which mav include a doctor's certificate before payment of sick leave is made. Pnor to taking such action, the emplovee should be counselled regarding such absenteeism.". • 10. By deleting clause 15 (Junior Employment) and inserting a new clause 15 (Traineeships Under the Australian Traineeship System (A.T.S.)) as follows:- "Traineeships Under the Australian Traineeship System (A.T.S,) 15.(l) Ohjec/ive - The objective of this clause is to provide the form and substance of the conditions of employment. including the rates of pay, applicable to persons engaged under the Australian Traineeship System. The purpose is to enhance the skill levels and future employment prospects for young people, the primary target being sixteen (16) and seventeen (17) year old school leavers who have not completed year twelve (12). Eighteen (18) year aids may participate and m special circumstances, fifteen (15) and nineteen ( 19) year olds. An _o_bjective of the Australian Traineeship System is to provide additional employment and training opportunities for young people. (2) Engagement and Training Conditzons - (a) The engagement of a Trainee shall not cause the displacement of a full-time employee _nor shall a traineeship position replace a full time occupied poslt!on, or one created subsequently which is not a trainee position. Nothing contained in this clause shall be interpreted so as to prevent the recruitment of Junior emplovees by other methods. • (b) Where possible trainees will be engaged in addition to the numbers required by an Employer to meet the workload of the section_ in which they are to be trained and shall generally be supervised by employees normally engaged in the work. 2 February, 1991] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 295 (c) A trainee (A.T.S) shall attend an approved on and off-the-job training course or program prescribed in the relevant training agreement or as notified to the trainee by the Industry and Com- merce Training Commission. (d) Trainees (A.T.S.) may be engaged by Employers registered with the Industry and Commerce Training Commission. The Employer shall ensure that the Trainee (A.T.S.) is permitted to attend the prescribed off-the-job training course and is provided with on-the- job training approved by the Industry and Commerce Training Commission. (e) The Employer shall provide a level of supervision in accordance with the approved Training Plan during the Traineeship period. (3) Employment Conditions - (a) The Trainee (A.T.S.) shall be engaged for a period of twelve ( 12) months as a full-time employee provided that the Trainee (A.T.S.) shall be subject to a satisfactory probation period of up to one (I) month. (b) The Trainee (A.T.S.) is permitted to be absent from work without loss of continuity of employment to attend the off-the-job training in accordance with the Training Agreement. (c) Preference in continuation of employment shall be given to Trainees (A.T.S.) who are members of the Industrial Organization should vacancies occur at the conclusion of the training period. (d) Where the employment of a Trainee (A.T.S.) by an Employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purpose of the Award and long service leave entitlement. (e) Overtime - Trainees (A.T.S.) shall not be required to work overtime unless in a particular establishment the working of some overtime is necessary for the training to be provided on particular work which can only be undertaken during overtime hours. Shz(iwork - Shiftwork shall not be worked by Trainees (A.T.S.) except in circumstances agreed in writing between the Industry and Commerce Training Commission, the Employer. and the Industrial Organization to enable the requirements of the Training Plan to be effected. When overtime or shiftwork is worked the relevant penaltv rates and allowances of the Award based on the trainee wage will' apply. No Trainee (A.T.S.) shall work overtime or shiftwork on their own: 1 Provided that where agreement has been reached to work overtime or shiftwork, then the Employer shall provide the Trainee (A.T.S.) with free transport to and from work when the Trainee's normal means of transport is not available. (f) The provisions of the relevant Workers' Compensation and Occupational Health and Safety Legislation shall apply to Trainees (AT.S.). (g) Other Conditions /0 Apply - Except as to the provisions contained herein. all other conditions of the Award, including allowances as prescribed m subclause ( 1)(d) of clause 6, shall apply in full to a Trainee (A.T.S.). (h) Trainees (A.T.S.) shail be exempt from action with respect to industrial disputes. (i) The Industrial Organization shall be afforded reasonable access to Trainees (A.T.S.) in accordance with section 15.10 of the Indus- trial Relatzons Act 1990 for the purpose of explaining the role and funct10ns of the Industrial Organization. (4) Wages - For the purpose of achieving stability of income for the Trainee (A.T.S.) over the traineeship period, the Employer shall pay to such Trainee (A.T.S.) the weekly equivalent of the sum as calculated on the following basis: Weekly Wage Rate = X x 39/52 Where X equals the relevant rate prescribed in clause 6( 1)(a) and clause I CJ of the Award and 39 represents the actual weeks spent on-the-job during a twelve (12) month period of traineeship: Provided that the weekly wage rate payable to a trainee shall not be less than $101.55 (applicable date at l 5/2/88J or such higher amount which from time to time is: Deemed by the Industry. Commerce and Training Commission to result from adjustment of this amount in keeping with decisions of the Australian Industrial Relations Commission in National Wage Cases which are handed down subsequent to the commence- ment of this Agreement, and is the minimum weekly wage rate recognised by the Australian Traineeship System: Provided further that the Industry and Commerce Training Com- mission shall notify the Industrial Registrar of variations to this amount and that the Award shall be varied accordingly: Provided further that where the wage rates generally applicable to juniors in any establishment are determined by reference to a formal wage schedule other than prescribed in clause 6(1 )(a) of the Award, such formal schedule of wage rates shall be used for the purposes of determining the wage rate for trainees unless otherwise agreed by the parties in writing. For the purposes of this subclause formal wage schedule shall mean:- (a) Any schedule of wage rates contained in an Industrial Agreement filed with the Commission and Registered, which is generally applicable, to junior clerical employees in an establishment in lieu of the wage rates in clause 6 of the Clerks' Award - Hotels and Registered Clubs - State which would otherwise be applicable to those junior clerical employees; or (b) Any formal, but unregistered Agreement, whether existing by way of documents signed on behalf of the Company and the Industrial Organization concerned or letters exchanged and signed on behalf of the Company and the Industrial Organization concerned. (5) Monitoring Committee - A committee (formed by the General Office Industry Working Group) shall monitor the progress of traineeships implemented under the provisions of this Award. It shall consist of two (2) Representatives of Employers. one (I) Representative from each of the Industrial Organizations and a nominee from the relevant Commonwealth and State Departments.". 11. In clause 20 (Board and Lodging), by deleting the amounts of "$4.70", "$3.00" and "18c" and inserting the amounts of"$50.40", "$40.00" and "$2.00" respectively in lieu thereof. Dated this seventeenth day of January, 1991. By the Commission. [LS.] M.J. CALLEN, Industrial Registrar. Operative Date: 21 January I 991 Variation - Restructuring - Second Payment -- 2 of 2 --