1
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
Workplace Relations Act, s.25
The Totalisator Administration Board of Queensland
AND
Australian Municipal Administrative,
Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch,
Union of Employees
(No. CA 241 of 1999)
THE TAB QUEENSLAND REDUNDANCY (CASUAL STAFF) AGREEMENT 1999
COMMISSIONER BLADES
27 May 1999
APPLICATION FOR CERTIFICATION OF AGREEMENT
THIS AGREEMENT, made under the Workplace Relations Act 1997 on the eleventh day of May 1999, between The Totalisator Administration Board of Queensland and Australian Municipal Administrative, clerical and Services Union, Central and Southern Queensland Clerical and Administriatve Branch, Union of Employees, witnesses that the parties mutually agree as follows:
ARRANGEMENT OF AGREEMENT
This agreement, relating to the employment of TAB Queensland Casual Staff, is arranged as follows :-
- Title
- Application
- Eligibility
- Limited Guarantees on Forced Separations
- Operation and Consultation
- Grievance Procedure
- Benefits Formula
- Payment of Benefits
- Term of Agreement
- Transmission of Business
1.TITLE
The TAB Queensland Redundancy (Casual Staff) Agreement - 1999
2.APPLICATION
a)This agreement provides redundancy benefits for eligible casual employees.
b)This agreement shall take effect on the date that it is signed.
3.ELIGIBILITY
Eligibility for redundancy payments under this agreement will be limited to :
a)casual staff whose positions are made redundant for any reason and who are not offered a comparable alternative position within the TAB;
b)casual staff who have been employed continuously for five years and who are not offered the greater of:
i)sixty per cent of their previous year’s average weekly hours over a twelve-month period, subject to the provisions in Clause 4(a), (b) (c), (d) and (e) of this agreement, or
ii)eight hours of work per week over a twelve-week period in the case of employees on unrestricted rosters, or three hours per week over a twelve-week period in the case of employees on restricted rosters.
iii)Clause 2(b)(i) only will apply to employees currently working or engaged to work, less than the hours prescribed under 2(b)(ii).
c)the qualifying period for redundancy benefits under Clause 3(b) above shall be reduced to 12 months of continuous service once the TAB is partly or fully privatised.
d)continuous service shall take the definition at s. 200, subsections (1) & (2) in the Workplace Relations Act 1997.
4.LIMITED GUARANTEES ON FORCED SEPARATIONS
The TAB acknowledges and accepts a commitment given to the ASU by the Premier of Queensland that there will be no forced casual employee redundancies pending privatisation. This commitment will cease to bind the TAB on 1 May 2000, or on any earlier date that it becomes evident that the TAB will not be partly or fully privatised.
5.OPERATION AND CONSULTATION
a)A general reduction in hours offered to casual employees will be spread as evenly as practicable across all employees in particular work areas and job categories without regard to length of service.
b)Where the redundancy threshold in 2(b) is reached, the TAB will review staffing levels to determine the number of potential redundancies required to lift offered hours above the threshold for the remaining employees in the affected work area.
c)Volunteers for redundancy will be sought as a first option.
d)Where too many volunteers elect to take redundancy, the TAB will select employees for redundancy from the affected work area, on the basis of the skills required for the area, and the need to maintain the required ratio of unrestricted and restricted employees.
e)Where insufficient volunteers elect to take redundancy:
i)the TAB will use its best endeavours to select employees for redundancy from the affected work area on the basis of the skills required for the area, the need to maintain the required ratio of unrestricted and restricted employees, and
ii)will endeavour to preserve the existing ratio of employees with more and less than five years of continuous service in the event that Clause 3 no longer applies.
f)The TAB will consult with the Union to reduce the personal impact of redundancies, and consider redeployment options.
6.GRIEVANCE PROCEDURE
The grievance procedure from the TAB Enterprise Bargaining Agreement will apply where grievances resulting from the implementation of this agreement arise.
7.BENEFITS FORMULA
Casual staff made redundant under this agreement shall receive:
a)one month’s notice of redundancy;
b)severance pay calculated on the same basis as the benefits which apply to redundant permanent employees under the TABQ Redundancy (Permanent Staff) Agreement. The severance pay applicable shall be determined by :
i)averaging the hours worked per week in the 12 months preceding redundancy, and
ii)multiplying this by the average hourly rate paid to the employee in the 12 months preceding redundancy, and
iii)multiplying this sum by the appropriate factor(s), as set out in Clause 7.10 of the agreement referred to in 5(b) above.
c)the long service leave benefits available under 7.10.1.(a)(iv) of the agreement mentioned in 5(b) above.
8.PAYMENT OF BENEFITS
The benefits under Clause 5 shall be paid on redundancy. These payments will be refunded in the event that the employee is re-hired by the TAB within three months of redundancy.
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9.TERM OF AGREEMENT
The provisions of this agreement shall apply for 36 months from the date of certification.
10.TRANSMISSION OF BUSINESS
This agreement is to form part of the sale conditions of the TAB, with the intent that the provisions of this agreement will apply to, and be binding upon, the buyer of, or any successor to the business of, the TAB.
SIGNATORIES
Signed by all parties to the Agreement.
This agreement is certified under the Workplace Relations Act 1997, chapter 2 part 1.
B BLADES, Commissioner.
Filed on the twelfth day of May 1999, certified by the Commission and given Register No. CA 241 of 1999, in the Certified Agreements Register.
Dated this twenty-seventh day of May 1999.
E C EWALD,
Registrar.
Operative Date:27 May 1999
NOTE The parties to the agreement must supply supportive evidence or material mentioned in the Workplace Relations Regulation 1997, section 4 and rule 19(4) of these rules when filing the application.