Chief Executive Officer, Department of Industrial Relations v The Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland & Ors [2004] QIRC 198 (2004) 177 QGIG 693

3 December, 2004 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 733 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 125 – application for amendment Chief Executive Officer, Department of Industrial Relations AND The Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland and Others (No. B1861 of 2003) BUILDING TRADES PUBLIC SECTOR AWARD – STATE 2002 COMMISSIONER THOMPSON 11 November 2004 AMENDMENT THIS matter coming on for hearing before the Commission at Brisbane on 5 December 2003, 16 September, 4 and 11 November 2004, this Commission orders that the said Award be amended as follows as from 10 March 2003: By deleting clause 5.1.2 and inserting the following in lieu thereof: “As from 10 March 2003 5.1.2 The minimum rates of wages payable to the following classes of employees shall be as follows: Calling – Southern Division, Eastern District Classification Level NBCIA equivalent Relativity % Award rate per week $ On-site Allowance per week $ BW 1 (a) – New Entrant (Upon commencement in the industry) CW1 (a) 85 460.60 19.80 BW 1 (b) (After 3 months in the industry) CW1 (b) 88 473.10 19.80 BW 1 (c) (After 12 months in the industry) CW1 (c) 90 481.50 19.80 BW 1 (d) CW1 (d) 92.4 491.50 19.80 BW 2 CW2 96 506.50 19.80 Trade BT 1 100 525.20 19.80 BT 2 (Trade + 12 points) CW4 105 546.10 19.80 BT 3 (Trade + 24 points) CW5 110 566.90 19.80 The ‘on-site’ allowance shall be as an additional allowance payable only when ‘Building Construction’ work is undertaken as defined in clause 1.7.5. This rate includes compensation for: (a) climatic conditions when working in the open on all types of work; (b) dust blowing in the wind on building sites; (c) sloppy and muddy conditions associated with the initial stages of the erection of a building; (d) dirty conditions caused by the use of form oil or from green timber; (e) drippings from newly poured concrete; (f) the disability of working on all types of scaffolds, other than single plank, swing scaffold or a bosun’s chair; and (g) the lack of the usual amenities associated with factory work (e.g. recreational facilities, sanitary conveniences, etc.). The above additional payment shall form part of the weekly wage in the calculation of overtime payments, annual leave pay, public holiday pay and long service leave pay. NOTE: The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2002 Declaration of General Ruling and earlier Safety Net or arbitrated wage adjustments. [Disputed cases are to be referred to the President.] This arbitrated wage adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this Award which are above the wage rates prescribed in the Award. Such payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Cases or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments. -- 1 of 3 -- 734 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 3 December, 2004 As from 1 September 2003 The minimum rates of wages payable to the following classes of employees shall be as follows: Calling – Southern Division, Eastern District Classification Level NBCIA equivalent Relativity % Award rate per week $ On-site Allowance per week $ BW 1 (a) – New Entrant (Upon commencement in the industry) CW1 (a) 85 477.60 20.40 BW 1 (b) (After 3 months in the industry) CW1 (b) 88 490.10 20.40 BW 1 (c) (After 12 months in the industry) CW1 (c) 90 498.50 20.40 BW 1 (d) CW1 (d) 92.4 508.50 20.40 BW 2 CW2 96 523.50 20.40 Trade BT 1 100 542.20 20.40 BT 2 (Trade + 12 points) CW4 105 563.10 20.40 BT 3 (Trade + 24 points) CW5 110 583.90 20.40 The ‘on-site’ allowance shall be as an additional allowance payable only when ‘Building Construction’ work is undertaken as defined in clause 1.7.5. This rate includes compensation for: (a) climatic conditions when working in the open on all types of work; (b) dust blowing in the wind on building sites; (c) sloppy and muddy conditions associated with the initial stages of the erection of a building; (d) dirty conditions caused by the use of form oil or from green timber; (e) drippings from newly poured concrete; (f) the disability of working on all types of scaffolds, other than single plank, swing scaffold or a bosun’s chair; and (g) the lack of the usual amenities associated with factory work (e.g. recreational facilities, sanitary conveniences, etc.). The above additional payment shall form part of the weekly wage in the calculation of overtime payments, annual leave pay, public holiday pay and long service leave pay. NOTE: The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2003 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the Vice President.] This arbitrated wage adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this Award which are above the wage rates prescribed in the Award. Such payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Cases or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments. As from 1 September 2004 The minimum rates of wages payable to the following classes of employees shall be as follows: Calling – Southern Division, Eastern District Classification Level NBCIA equivalent Relativity % Award rate per week $ On-site Allowance per week $ BW 1 (a) – New Entrant (Upon commencement in the industry) CW1 (a) 85 496.60 21.10 -- 2 of 3 -- 3 December, 2004 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 735 Classification Level NBCIA equivalent Relativity % Award rate per week $ On-site Allowance per week $ BW 1 (b) (After 3 months in the industry) CW1 (b) 88 509.10 21.10 BW 1 (c) (After 12 months in the industry) CW1 (c) 90 517.50 21.10 BW 1 (d) CW1 (d) 92.4 527.50 21.10 BW 2 CW2 96 542.50 21.10 Trade BT 1 100 561.20 21.10 BT 2 (Trade + 12 points) CW4 105 582.10 21.10 BT 3 (Trade + 24 points) CW5 110 602.90 21.10 The ‘on-site’ allowance shall be as an additional allowance payable only when ‘Building Construction’ work is undertaken as defined in clause 1.7.5. This rate includes compensation for: (a) climatic conditions when working in the open on all types of work; (b) dust blowing in the wind on building sites; (c) sloppy and muddy conditions associated with the initial stages of the erection of a building; (d) dirty conditions caused by the use of form oil or from green timber; (e) drippings from newly poured concrete; (f) the disability of working on all types of scaffolds, other than single plank, swing scaffold or a bosun’s chair; and (g) the lack of the usual amenities associated with factory work (e.g. recreational facilities, sanitary conveniences, etc.). The above additional payment shall form part of the weekly wage in the calculation of overtime payments, annual leave pay, public holiday pay and long service leave pay. NOTE: The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2004 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the Vice President.] This arbitrated wage adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this Award which are above the wage rates prescribed in the Award. Such payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Cases or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments.”. Dated 11 November 2004. By the Commission, [L.S.] G.D. SAVILL, Industrial Registrar. Operative Date: 10 March 2003 Amendment – Wage Rates Released: 22 November 2004 -- 3 of 3 --