Bundaberg Sugar Ltd v The National Union of Workers Industrial Union of Employees Queensland [2004] QIRC 211 (2004) 177 QGIG 789

17 December, 2004 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 791 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 125 – application to amend award Bundaberg Sugar Ltd AND The National Union of Workers Industrial Union of Employees Queensland (No. B1401 of 2004) GENERAL STORES, WAREHOUSING AND DISTRIBUTION AWARD – STATE 2002 COMMISSIONER THOMPSON 2 December 2004 AMENDMENT THIS matter coming on for hearing before the Commission at Brisbane on 7 October and 29 November 2004, this Commission orders that the said Award be amended as follows as from 2 December 2004: 1. By amending clause 1.2 to include the reference to Schedule 4 as follows: “Special provisions for Bundaberg Sugar Ltd Sales & Marketing Dept Packaging Plant employees ................................................................................................................................. SCHEDULE 4”. 2. By inserting and additional Schedule named “SCHEDULE 4” to the award as follows: “SCHEDULE 4 Notwithstanding any Award provisions to the contrary, the following clauses shall apply to all employees covered by this Award working in the Bundaberg Sugar Ltd. Sales & Marketing Department Packaging Plant who undertake the tasks of packaging, storing or despatching sugar products from this plant. S4.1 Shift work S4.1.1 A shift worker means an employee whose ordinary hours of work are regularly rotated in accordance with a roster which prescribes 2 or more shifts (day, afternoon or night) per day. S4.1.2 The ordinary hours of work for a shift worker shall not exceed 8 per shift and 40 per week. S4.1.3 Day shift means a shift of work commencing at or after 6.00 a.m. and ceasing at or before 6.00 p.m. S4.1.4 Afternoon shift means a shift of work commencing at or after 3.00 p.m. and ceasing at or before 11.00 p.m. S4.1.5 Night shift means a shift of work commencing at or after 11.00 p.m. and ceasing at or before 7.00 a.m. S4.1.6 Shift workers employed on afternoon shift shall be paid 15% and night shift shall be paid 17.5% in addition to the ordinary rates prescribed in clause 5.2 (Wage rates) of this Award for the work performed. S4.1.7 The employer shall give at least one week’s notice of its intention to commence and/or cease shift work. S4.2 Crib break – shift workers S4.2.1 All shift workers shall be allowed a 30 minute break for a meal during the shift for which no deduction of pay shall be made. S4.3 Overtime – shift workers S4.3.1 All overtime worked by shift workers shall be paid for at the rate of double time. This Schedule has been inserted as a result of an application to amend the Award arising from the decision of the Full Bench of the Commission on 30 June 2004 (and published at 176 QGIG 497-498) to move to declare Industrial Agreements obsolete. Given the origin of this Schedule the provisions contained within it are not to be used as a precedent for any other matter whatsoever.”. Dated 2 December 2004. By the Commission, [L.S.] G. SAVILL, Industrial Registrar. Operative Date: 2 December 2004 Amendment – General Stores, Warehousing and Distribution Award – State 2002 Released: 2 December 2004 -- 1 of 1 --