Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees and Another v Australian Sugar Milling Association, Queensland, Union of Employers [1991] QIRC 9 (1991) 136 QGIG 197

- 196 QUEENSLAND GOVERNMENT INDUSTR IA L GAZETTE [26January , 1991 26 Ja nuary, 1991] QUEENSLAND GO VE RN MENT INDUSTRIAL GAZETTE 197 QUEENSLAND IN DUST RIAL RELATIONS COMMISSION Jnd11s1riaf R elat i ons Act 19 90 s. I0.12 - application for variation Federated Clerks' Union of Australia (Central and Sou thern Queensland Branch) Un ion of Employees and Another AND Australian Sugar Milling Association, Queensland, U nion of Employers (No. R3- 2E of 1989) CLERKS EMPLO YE D IN SliGAR MILLS AW A RD - S TATE CO MMISSIONER BOUGOURE 11 January 199 l VARIATION T HIS matter coming on for hearing before the Commission at Brisbane on 8 and 11 January 199 1, this Co mmission do th order that the said Award be varied as follows as from the eleven th da y of January. 199 1:- 1. By deleting subclauses (4) and (6) of clause 4 (Defini tions) and renumbering existing subclause (5) as subclause (4). 2. By inserting new clauses as follows:- "Contract of Employment 4B.(l ) General - (a) Employment under this Award shall be by the week, part-time, casual or seasonal as defined in (2) below. ( b) Employees are to be ready, wi ll ing and able to perform all duties within th eir skills, competence and train ing as direc ted by the Employer. prov ided such d irect ions are consistent with safe practice. Pursuant to this clause employees may be directed to perform work which is incidental or peripheral to their main duties. (c) Employees are to comply wi th all safety regulations and other safety rules and procedures applying at the workplace, including use of protecti ve clothing and equ ipment as required for specific circumstances. Employers will recognise their obligations to provide a safe working environment, safe operating procedures and to establish and enforce a ll safety regulations. (d) Employees are tO be available to work reasonable overtime. Problems experienced with respect to the working of overtime will be progressed in accordance with the Employee Relations Procedure. (e) An employee not attending for work on any ordinary day shall notify an appropriate supe.rvisor of his/her inability to attend. and such notice shall be given at the earli est possible time. Except where specifically provid ed for by this .Award such absences shall be wi thout pay. (2) Cmegories of Employment - (a) Employee - Full -time - Is an employee employed by the week on a full-time basis. (b) Empfoyee - Pan- time - (i) A pan- time employee means an employee who is engaged to work on pre-determined da ys of each week for a regular number of hou rs, being not less than ten (l 0) nor more than thirt y-two (32) hours per week. Exct~pt as hereinafter prov ided. all conditions provided for full-time emp loyees shall appl y to part-time employees: Provided that a 1wo (2) hour mi n- i mum sha ll apply fo r each engagement. (ii) Part-time employees shall be paid an hourly rate equal to one thirty-eighth ( 1/38) of t he weekly rate prescribed by this Award for the classification under which they are engaged. (iiil A part-time employee who works in excess of the ordinary daily or weekly hours presc ri bed in the contract of emp loyment shall be paid overtime in accordance with clause 11 (Ov <?rt ime). (iv) Part-time employees shall be entitled to receive pro rara entitlements to an nu ai leave, public holidays, sick lea ve, bereave- ment leave and long service leave in accordance with the provisions contained in this Award. -- 1 of 2 -- 198 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [26 January, 199 I (c) Employee - Casual - A casual employee is an employee engaged by the hour who may be terminated by the Employer or leave his/her employment at any time. (d) Employee - Seasonal - A seasonal employee is an employee, not specifically engaged as a part-time or casual employee, engaged on a full-time basis in a sugar mill during the period or during part of the period when sugar cane is taken delivery of and crushed at a sugar mill. (e) At the time of commencing their employment employees are to be advised by the Employer of the nature of their employment as per these categories. Where an employee is engaged as a seasonal employee as defined above, the Employer shall advise the employee of the expected duration of employment. (3) Termination of Employmem - (a) The period of notice for termination of the Contract of Employment by either the Employer or employee shall, except in the case of dismissal for misconduct, be as prescribed by this clause. (b) In the case of full-time and part-time employees, one week's notice shall be given by either party or one week's wages paid or forfeited in lieu thereof: Provided that the weeks' notice shall not be counted as annual leave or part thereof. (c) In the case of casual employees termination may be effected by either party without notice at any time. (d) In the case of seasonal employees the period of notice for termination by either party shall be one day or by payment in lieu thereof. Employee Relations Procedure 4C. The parties to this Award are committed to promoting good industrial relations based upon goodwill, consultation and discus- sion. To this end all employees and Employers shall use their best endeavours to resolve problems or progress matters in accordance with the following disputes avoidance and grievance settling pro- cedures - (i) Employee to discuss any grievance with his/her immediate supervisor and, where requested. with his/her Delegate/Shop Steward present. (ii) Where not resolved in initial discussions, further dis- cussions (subject to arrangements under Section 9 of this procedure) with the Delegate/Shop Steward and the Depart- ment/Section Head are to take place. (iii) Where the matter remains unresolved, it shall be notified by the Delegate/Shop Steward to his/her local Industrial Organization official and, by supervision to the Company's Industrial/Personnel Officer (if applicable) and/or to the Manager. Further discussions involving these persons will then be held in efforts to resolve the matter. If unresolved the matter may be referred for further discussion to other Industrial Organization and Employer representatives. (iv) Where the matter is still unresolved it will be referred to the Queensland Industrial Relations Commission. (v) All relevant facts including detail of the matter raised and where resolved, its outcome, shall be documented during all stages of the procedure. (vi) Without prejudice to the parties normal work shall continue while this procedure is being followed, until the matter is finally determined. (vii) Except in the case of genuine safety issues, the status qua applicable prior to the grievance or dispute arising shall contmue and normal work proceed accordingly until, the matter is otherwise agreed or determined. (viii) Where the matter being progressed is to be the subject of a stoppage or meeting it is appropriate that:- • Prior notification of the proposed stoppage or meet- ing will be given to the Employer. • Such action will not take place without notification and discussion with an appropriate Industrial Orga- nization official. • Prior detailed discussion with the Employer of the necessity for the meeting or stoppage, including con- sideration of timing and duration of the meeting and continuity of work. should be held. (ix) The parties undertake to meet their obligations under the Employee Relations Procedure without undue delay. To this end the Employer undertakes to:- • convene all necessary discussions. and • advise of its response to matters raised, as soon as practical. subject to the availability of personnel and the nature of the matter under consideration. (x) Either party at any time during discussions may, where it is concluded that further discussion is unlikely to resolve the matter, refer the matter to the Queensland Industrial Relations Commission.". 3. By deleting clause 5 (Hours) and inserting the following in lieu thereof:- "Hours of Work 5.(1) Spread of Hours - Day Workers - (i) The ordinary hours of work for day workers shall not exceed eight (8) hours on any day which may be worked between 6.30 a.m. and 6.30 p.m. on Monday to Friday inclusive: Provided that where agreed between the Employer and the majority of employees up to ten (10) ordinary hours may be worked on any day. (ii) Where agreed between an Employer and employee(s) individual employees or groups/sections of employees may have different starting and finishing times. (iii) The ordinary working hours shall average thirty-eight (38) hours per week to be worked in accordance with arrangements under subclause (3) of this clause. (2) Meal Times - Employees shall be entitled to a meal break of a minimum of thirty (30) minutes and maximum of sixty (60) minutes to be taken any time between the fourth and sixth hours after the commencement of duty. All time worked during meal times shall be paid for at double ordinary rates. (3) Thirty-Eight Hour Week - (i) The following arrangements will apply to provide that the ordinary hours of work of employees average thirty-eight (38) hours per week. (ii) Nominal Crushing Season - (being the period of twenty-six (26) weeks commencing on the first Monday of June in each year). The ordinary hours shall not exceed forty (40) in any week. (iii) Nominal Slack Season - (being the period of twenty-six (26) weeks commencing on the first Monday of December in each year). The ordinary working hours in the nominal slack season shall not exceed forty (40) in any week:- (a) For employees other than seasonals and other than those deemed to be seasonal as defined in clause 4(4), the ordinary working hours shall be worked in accordance with an agreed roster which shall provide for nine (9) ordinary working days or seventy-two (72) ordinary working hours per fort- night. One (I) day of such two (2) weeks cycle shall be an unpaid rostered day off (b) For seasonal employees and for employees deemed to be seasonal as defined in clause 4( 4) the ordinary working hours shall be worked in accordance with an agreed roster which shall provide for nineteen (19) working days or one hundred and fifty-two (l 52) ordinary working hours per four (4) week cycle. One (l) day of such four (4) week cycle shall be an unpaid rostered day off. (c) The unpaid rostered days off referred to above may be taken on any day of the week as agreed between the Employer and employee (or group of employees) provided that each employee has one (I) unpaid rostered day off in his/her cycle. Unless agreed. rostered days off shall be taken on a Monday or a Friday. , , , , 26 January, 1991] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 199 (d) Where a rostered day off falls on a holiday as prescribed in clause 12 of this Award the rostered day off shall, unless otherwise agreed between the Employer and employee(s), be taken on the next ordinary working day. (e) Notwithstanding any other provision in this clause, the Employer and the employee (or group of employees) may agree to accrue up to a maximum of five (5) rostered days off. provided:- • Such arrangements are suitable to the organisation of work. • Accrued rostered days off shall be taken in a nominal slack season within twelve calendar months of the date on which the first rostered day off was accrued. (f) Where, during the nominal slack season as defined an employee works ordinary hours on a scheduled rostered day off while actual crushing operations are still in progress, payment for such work shall be at the appropriate ordinary rate and the employee shall be granted a rostered day off in lieu thereof prior to the commencement of the next crushing season. The rostered day off so granted shall be arranged and taken at a time mutually agreed between the Employer and employee.". 4. By deleting clause 5A (Engagement of Part-Time or Casual Employees) and inserting the following in lieu thereof:- "Shift Work 5A. Shift work may be worked according to a roster and conditions as agreed upon in writing between the Employer and the Branch Secretary of the Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees and/or the Branch Secretary of the Federated Clerks' Union of Australia, North Queensland Branch, Union of Employees.". 5. By deleting subclauses (I) and (2) of clause 7 (Wages) and rnserting the following m lieu thereof:- "Wages 7.(1) Subject to clause 6 hereof the minimum rates of wages to be paid to the classes of employees specified in this clause shall be as set out herem. (a) Clerks - 15 and under 16 years of age 16 and under 17 years of age l 7 and under 18 years of age 18 and under l 9 years of age 19 and under 20 years of age 20 and under 21 years of age 21 and under 22 years of age 22 and under 23 years of age 23 and under 24 years of age 24 years of age and over Percentage of mimrnurn adult rate % 45 50 55 65 75 85 Southern Division (Eastern District) Per week $ 388.60 394.50 400.70 407.00 Junior rates which are expressed as a stated percentage of the respective adult rate, shall be calculated by applying each stated percentage to the relevant adult rate operative in the particular division or district. Such rates shall be calculated in multiples of ten cents with any result of five cents or more being taken to the next highest ten cent multiple. Divisional and District Allowances.- Adult employees (21 years and over) in the Mackay Division shall be paid 90c per week and adult employees (21 years and over) in the Eastern District of the Northern Division shall be paid $ 1.05 per week in addition to the rates above prescribed. (b) Casuals.- The rate of wages for casual employees shall be calculated by dividing the weekly rate of wages and allowances applicable to the year of age and classification by 38 and adding 19 per cent thereto: Provided that a minimum of two hours shall be paid for each engagement. (c) Stenotypists, Comptometer Operators, Ledger Posting Machine Operators or Punch Card Tabulator Operators.- In addition to the rates of wages prescribed therein for clerks, an employee employed as a stenotypist, comptometer operator, ledger posting machine operator or punch card tabulator operator shall be paid, as part of his or her weekly wages, a further sum of $5.80 per week: Provided that in the case of any stenotypist specifically required by his or her 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 computer operator, the additional amount payable, as part of his or her weekly wage, shall be $9.53 per week. Where an employee is engaged for only part of his or her time on any duties mentioned under this heading, a proportionate payment shall be made for the time so engaged. (2) Any employee appointed by the Employer to supervise and control other employees shall be paid in addition to his or her ordinary rate the following allowance:- Employees in charge of more than one and not more than eight employees Employees in charge of more than eight and not more than sixteen employees Employees in charge of more than sixteen employees Per week $ 5.68 8.54 11.37". 6. By adding a provision to clause 9 (Rest Pauses) as follows:- "Provided that where there is agreement between the Employer and the majority of employees concerned the rest pauses may be combined into one ( l) twenty (20) minute rest pause to be taken in the first part of the ordinary working day, with such twenty (20) minute rest pause and the meal break arranged in such a way that the ordinary working day is broken up into three (3) approximately equal working periods.". 7. In clause 11 (Overtime) - (a) by deleting subclause (2)(c); (b) by deleting subclause (8) and inserting the following in lieu thereof:- "(8) Overtime shall be calculated and paid to employees on the basis of the actual weekly rate of wages paid to the employee concerned."; and (c) by deleting the notation at the end of subclause (I 0). 8. By deleting clause 20 (Uniforms) and inserting the following in lieu thereof:- "Uniforms 20. In any establishment where clerks are required to wear any special designated uniforms or clothing such apparel shall be supplied by the Employer.". 9. By deleting clause 27 (Termination of Employment) and ren- umbering existing clauses 28 and 29 as clauses 27 and 28 respec- tively in lieu thereof. Dated this eleventh day of January, 1991. By the Commission, [LS.] M.J. CALLEN, Industrial Registrar. Operative Date: 11 January 1991 Variation - Restructuring - Second Payment -- 2 of 2 --