Engine Drivers' Award

23

UPDATED AS AT 6 JUNE 2000

~QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

~

~Industrial Relations Act 1990

~s. 144 – application for variation

s. 144 – application for rescission and new award

~

Brisbane City Council

AND

Federated Engine Drivers and Firemens’ Association

of Australasia Queensland Branch

Union of Employees

~

(No. B406 of 1995)

~

THE ENGINE DRIVERS’ AWARD –

BRISBANE CITY COUNCIL

~

COMMISSIONER BLOOMFIELD

~7 April 1995

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RESCISSION AND NEW AWARD

~

~

THIS matter coming on for hearing before the Commission at Brisbane on the 7 April 1995, this Commission doth order that the said Award be rescinded from the first day of May, 1995, and doth award as follows:–

BRISBANE CITY COUNCIL ENGINE DRIVERS’ AWARD

Arrangement of Award

Subject Matter Clause No.

Part 1 – Preliminary

Title 1.1

Award Coverage 1.2

Date of Operation 1.3

Award Posting 1.4

Part 2 – Terms and Conditions of Employment

Award Modernisation 2.1

Preference 2.2

Notice of Termination in Cases other than Redundancy 2.3

Introduction of Changes and Redundancy 2.4

Grievance Procedures 2.5

Payment of Wages 2.6

Union Dues 2.7

Time and Wages Records 2.8

Anti-Discrimination 2.9

Part 3 - Wages Definitions and Allowances

Queensland Minimum Wage 3.1

Wages 3.2

Definitions of Key Concepts and Terms 3.3

Classification, Skill Recognition and Career Development 3.4

Classification Standards 3.5

Allowances 3.6

Subject Matter Clause No.

Part 4 – Hours of Work, Overtime

Hours of Work 4.1

Overtime 4.2

Meal Breaks – Crib Time – Meal Allowances 4.3

Rest Pauses 4.4

Shift Work 4.5

Part-Time, Casual, and Temporary Employment 4.6

Calculation of Monetary Amounts 4.7

Part 5 – Statutory Holidays, Leave

Annual Leave 5.1

Statutory Holidays 5.2

Parental Leave 5.3

Long Service Leave 5.4

Sick Leave 5.5

Part 6 – Miscellaneous Provisions

No Extra Claims 6.1

Enterprise Agreements 6.2

Workplace Consultation 6.3

Second Tier Agreements 6.4

Training Arrangements and Career Path Development 6.5

Protective Clothing - Eagle Farm Pumping Station 6.6

Reserved Matters 6.7

Schedules

Centres 1

PART 1 – PRELIMINARY

1.1 Title

This Award shall be known as the Brisbane City Council Engine Drivers’ Award.

1.2 Award Coverage

This Award shall apply to the Brisbane City Council and to the classes of employees for whom rates of wages are prescribed in clause 3.3 (Wages) of this Award. This Award shall also apply to Contractors and/or Sub-contractors and to their employees whilst engaged on work for the Brisbane City Council that is covered by the scope of this Award and for which rates of wages are prescribed in clause 3.3 (Wages) of this Award.

1.3 Date of Operation

This Award shall, except where otherwise provided, take effect and have the force of law as from the first day of May, 1995.

1.4 Award Posting

A true and up to date copy of this Award shall be made available at the workplace so as to be easily read by the employees.

PART 2 – TERMS AND CONDITIONS OF EMPLOYMENT

2.1 Award Modernisation

The parties to this Award are committed to a continuing process of modernisation of its provisions which builds on the award restructuring already undertaken. This restructuring modernisation follows a process that does not have a limited agenda confined to such issues as restructuring classifications, but may extend to the review of other restrictive provisions which may currently exist. To that end, such restrictive provisions will be reviewed on a continuing basis to achieve improved flexibility, productivity and the quality of working life. This process will not be conducted in a negative cost-cutting manner.

2.2 Preference

(1) Preference of employment shall be given to financial members of the Federated Engine Drivers and Firemens' Association of Australasia, Queensland Branch, Union of Employees, or to persons who give to the employer an undertaking in writing to make application to join such Union within one month of accepting employment.

(2) No persons shall be deemed to have made an application to join the Union unless they have tended the fee prescribed by the rules of the Union.

(3) Preference as abovementioned shall, in all cases, be subject to the following conditions:–

(a) an employer is required to give preference to a member of an industrial organisation over another person only when all factors relevant to the particular case are otherwise equal;

(b) an employer is not required to give preference to a member of an industrial organisation over a person in respect of whom there is in force a certificate under section 388 of the Industrial Relations Act 1990;

(c) preference means preference at the point of engagement and preference at the point of retrenchment.

2.3 Notice of Termination in Cases Other Than Redundancy

All employees as specified by the Queensland Industrial Relations Act 1990 shall be entitled to receive notice of termination of employment, in accordance with the provisions of the Act.

2.4 Introduction of Changes and Redundancy

(1) Except as provided for in clause 2.3 hereof, employee and employees to whom this Award applies shall observe the terms and conditions of the Statement of Policy of Termination of Employment, Introduction of Changes and Redundancy contained in the decision of the Full Bench of the Commission dated 16June1987, and published in the Queensland Government Industrial Gazette, Vol. 125, folios 1119–1121, as amended by 125 QGIG 1377 and 126 QGIG 188:

Provided that the provisions of clause A (Termination of Employment) contained in the aforesaid Statement of Policy shall not have application under this Award, except in circumstances resulting from introduction of changes and/or redundancy as set out in clauses B and C respectively of that Statement of Policy:

Provided further that, in accordance with that decision, the provisions of clause A5 contained therein shall not apply.

(2) The employer shall maintain a copy of the aforementioned decision of the Full Bench of the Commission in such a position as to be easily accessible by the employees.

2.5 Grievance Procedures

(1) Objective – The objective of this procedure is to facilitate the avoidance of industrial disputes or where a dispute occurs to provide a means of settlement of such disputes based on consultation, co-operation and discussion to reduce the level of industrial confrontation, and avoid interruption to work performance and the consequential loss of production, wages and salaries.

Where disputation does occur, the procedure provides that the issue should be resolved without disruption of work and without prejudice to the final settlement.

(2) Procedure:–

(a) Notwithstanding the provisions of awards or agreements having application to the Brisbane City Council, any grievance or dispute shall be handled in the following manner:

* discussions between the employee/s concerned and at request the appropriate union shop steward/delegate, with the immediate supervisor;

* discussions involving the employee/s; the shop steward/s and Union Secretary/Organiser or nominated delegates with the Branch Head/Principal Industrial Relations Officer or nominated delegates;

* discussions involving Union Secretary/Organiser or nominated delegates with Manager/Principal Industrial Relations Officer or nominated delegates.

(b) There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.

(c) Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.

(d) Sensible time limits shall be allowed for the completion of the various stages of the discussions. At least seven days should be allowed for all stages of the discussions to be finalised.

(e) Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Industrial Relations Commission for assistance in resolving the dispute.

(f) In order to allow the peaceful resolution of grievances the parties shall be committed to avoid stoppages of work, lockouts, or any other bans or limitations on the performance of work while the procedures of negotiation and conciliation are being followed.

(g) The employer shall ensure that adherence to the above procedure is in accordance with safe working practices and consistent with established custom and practice at the workplace.

2.6 Payment of Wages

(1) All employees shall be paid weekly and not more than two days' pay shall be kept in hand.

(2) Each employee shall be supplied with a statement setting out the total amount earned at ordinary rates, the amount earned at overtime rates, and any additional amounts together with particulars of items for which deductions have been made.

(3) Wages shall be paid by way of Electronic Funds Transfer (EFT) to a financial institution with EFT facilities nominated by the employee:

Provided that the Council, at its discretion, may elect to pay wages by cash or cheque. Where it is established that an employee would suffer genuine hardship as a result of payment by EFT, discussions shall be held between the employee and the Council on an alternate method of payment.

(4) Where an employee's employment is terminated by either the Council or by the employee, (where the employee has given notice in accordance with clause 2.4 of the Award), all monies due to the employee from the Council shall be paid within 24 hours.

2.7 Union Dues

The Council shall, on the request in writing of any employee, pay to an industrial organisation nominated by the employee out of the money due to such employee in respect of wages, the annual contributions of such employee as a member of that industrial organisation.

2.8 Time and Wages Records

The employer shall keep and have available a complete record of all employees subject to this Award who are for the time being employed, or who were in employment at any time during the period of twelve months immediately preceding, showing their classification, rate of wages, and time of starting and ceasing work.

Such record shall be open to inspection during working hours by an officer of the Federated Engine Drivers’ and Firemens' Association of Australasia, Queensland Branch, Union of Employees duly authorised under section 496 of the Queensland Industrial Relations Act 1990.

2.9 Anti-Discrimination

(1) It is the intention of the parties to this Award to achieve the principle object in s. 3(c) and (d) of the Industrial Relations Act 1999 by helping to prevent and eliminate discrimination on the basis of sex, marital status, pregnancy, parental status, age, race, impairment, religion, political belief or activity, trade union activity, lawful sexual activity, and association with or relation to, a person identified on the basis of any of the above attributes.

(2) Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the parties to the Award must make every endeavour to ensure that neither the Award provisions nor their operation are directly or indirectly discriminatory in their effects.

(3) Nothing in this clause is to be taken to effect:–

·  any different treatment (or treatment having different effects) which is specifically exempted under the Anti-Discrimination Act 1991;

·  an employee, employer or registered organisation, pursuing matter of discrimination, including by application to the Human Rights and Equal Opportunity Commission/Anti-Discrimination Commission;

·  the exemptions in s. 291(3)(a) and (b) of the Act.

PART 3 – DEFINITIONS, WAGES, ALLOWANCES

3.1 Queensland Adult Minimum Wage

(1) No employee shall be paid less than the Queensland Minimum Wage.

(a) The Queensland Minimum Wage for full-time adult employees not covered by subclause (3), is $373.40 per week.

(b) Adults employed under the Supported Wage Award – State shall continue to be entitled to receive the wage rates determined under that Award:

Provided that such employees shall not be paid less than the amount determined by applying the percentage in the Supported Wage Award – State applicable to the employee concerned to the amount of the minimum wage specified in subclause (2)(a).

(c) Adults employed as part-time or casual employees shall continue to receive the wage rates determined under the casual and part-time clauses of the Award:

Provided that such employees shall not be paid less than pro rata the minimum wage specified in subclause (2)(a) according to the number of hours worked.

(2) Application of Queensland Minimum Wage Applies to Juniors

(a) The wage rates provided for juniors by this Award continue to apply unless the amount determined under subclause (2)(b) is greater.

(b) The Queensland Minimum Wage for an employee to whom a junior rate of pay applies is determined by applying the percentage in the junior wage rates clause applicable to the employee concerned to the relevant amount in subclause (1).

(3) Application of Queensland Minimum Wage to Special Categories of Employees

(a) This clause has no application to employees undertaking a State Training Wage Award Traineeship, an Australian Traineeship, a Career Start Traineeship, a Jobskills placement or an apprenticeship.

(b) [Leave reserved for other special categories].

(4) Application of Queensland Minimum Wage to Award Rates Calculation

The Queensland Minimum Wage:–

(a) applies to all work in ordinary hours;

(b) applies to the calculation of overtime and all other penalty rates, superannuation, payments during sick leave, long service leave and annual leave, and for all other purposes of this Award; and

(c) is inclusive of the arbitrated Safety Net Adjustment provided by the Declaration of General Ruling operative from 1 September 1998 and all previous Safety Net and State Wage Adjustments.

Note: Where the Award does not provide for one of the categories of employment in this subclause, the provisions relating to the category will have no application.

3.2 Wages

(1) The minimum rates of wages to be paid to the undermentioned classes of employees is as follows:–

(2) Mobile Crane Capacity Adjustment – for every 5 tonnes in excess of 20 tonnes an amount of $1.73 shall be added to the rate prescribed for P04.