Australian Municipal, Administrative, Clerical and Services Union Central and Southern Queensland Clerical and Administrative Branch, Union of Employees v Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers & Ors [2004] QIRC 146 (2004) 176 QGIG 719

27 August, 2004 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 719 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. – 125 – application to make an award Australian Municipal, Administrative, Clerical and Services Union Central and Southern Queensland Clerical and Administrative Branch, Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (B1027 of 2004) TAXI INDUSTRY – CALL CENTRE OPERATORS AND CLERICAL EMPLOYEES AWARD – STATE 2004 VICE PRESIDENT LINNANE COMMISSIONERS FISHER AND BLADES 10 August 2004 Application for new award – Application has consent of Respondents – Shift work provision in excess of Statement of Policy – Matter referred to Full Bench – Shift work provision approved by Full Bench – Application granted. DECISION The Australian Municipal, Administrative, Clerical and Service Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees (AMACS) filed an application to make a new award entitled the “Taxi Industry – Call Centre Operators and Clerical Employees Award – State 2004. The application had the consent of the respondents. When the application came on for hearing, Commissioner Fisher raised a concern about whether clause 6.8 Shift work was in excess of the Statement of Policy Re Percentage Shift Allowance [(2000) 164 QGIG 54] issued by the Full Bench on 5 May 2000. As a consequence Commissioner Fisher referred the Shift work clause to the Full Bench with the approval of the Vice President pursuant to s. 281 of the Industrial Relations Act 1999. The Full Bench approved the provisions of clause 6.8 Shift work on the day of hearing but did not issue reasons at that time. Such reasons were to be published later. These are those reasons. The Full Bench was advised that the Clerical Employees Award – State 2002 (and its predecessor) contained a facilitative clause that allowed agreements about conditions of employment to be entered into. Utilising the provisions of this clause a Memorandum of Agreement had been reached between Yellow Cabs (Qld) Pty Ltd and AMACS regarding shift work and extended hours of work and conditions for clerical employees. A similar Memorandum of Agreement had been reached between Black and White Cabs Pty Ltd and AMACS. These Agreements apply in the Brisbane Metropolitan area. Another Memorandum of Agreement had been reached between the Taxi Council of Queensland Inc and the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers (QCCI) on the one hand and AMACS and the Federated Clerks’ Union of Australia, North Queensland Branch, Union of Employees on the other. This Agreement sets out conditions relating to hours of work by switchboard attendants, radio operators and data operators outside the Brisbane Metropolitan area. Prior to these Agreements being reached, shift work was able to be worked and paid for by way of percentage shift loading as a result of Industrial Agreements being entered into between AMACS and the relevant taxi company. -- 1 of 2 -- 720 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 27 August, 2004 Each of these agreements provided for enhanced payments for shift work beyond that provided by the Clerical Employees Award then in place. The Memorandum of Agreement for the non-Metropolitan area has been in place since 1997 and, since 1998, for the metropolitan area agreement. In reality shift work paid for on a percentage basis has been provided for in the taxi industry for at least twelve years. Clause 6.8 Shift work of the proposed new Taxi Industry Award, in large part, incorporates the provisions from the Memoranda of Agreement. A new provision sought to be included in the proposed new Award relates to the shift penalty for work performed on a Saturday in the metropolitan area. Mr Palowski, who appeared for the respondents to the proposed new Award, made the following submissions in support of clause 6.8 Shift work. The taxi industry is a highly casualised industry. While shift work is an essential component of the industry, it is not worked in the traditional method of separate relays of employees. The shift work provisions of the proposed new award remove the inequities created by employees working side by side but being paid different rates according to whether they are classified as day workers or day, afternoon or night shift workers. Mr Pawlowski conceded that the shift work provisions would lead to a slight cost impost on employers, however, the respondents were prepared to accept this as they believed that benefits would flow from the new arrangements. This submission related particularly to the shift penalty to apply to work performed on a Saturday, the day when the industry experiences high absenteeism. In our view the Shift work clause provides a benefit that is in excess of the Full Bench Statement of Policy re Shift Work. However, we are satisfied that the proposed provisions (excluding Saturday shift penalties) have been in place for many years in this industry and were arrived at because of the particular circumstances of this industry. We do not consider that by approving this clause there is any likelihood of flow on to other industries primarily because the circumstances of this industry are unlikely to be found elsewhere. We are also satisfied, based on the submissions made to us, that the penalty sought for Saturday shift work, will assist the taxi industry in providing what many in this community would now consider to be an essential service. Although we recognise that this penalty will cause a cost impost on employers we note that it is one to which they have agreed. Finally, we record that the consent of the parties to the Shift work clause has also been a factor in our decision to approve the provisions. Order accordingly. D.M. LINNANE, Vice President. G.K. FISHER, Commissioner. B.J. BLADES, Commissioner. Hearing Details: 2004 2 August Appearances: Mr M. Healy for the Australian Municipal, Administrative, Clerical and Service Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees. Mr S. Pawlowski for the Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers. Released: 10 August 2004 -- 2 of 2 --