1

[Updated as at 29 MAY 1996]

Wage rates effective from 29/05/96 unless otherwise stated

~QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

~

~Industrial Relations Act 1990

~s. 105 – application for rescission and new award

~

Totalisator Administration Board of Queensland

AND

Australian Municipal, Administrative, Clerical and

Services Union, Central and Southern Queensland Clerical

and Administrative Branch, Union of Employees and Others

~

(No. R99-3 of 1990)

THE TOTALISATOR ADMINISTRATION BOARD OF QUEENSLAND

PERMANENT OFFICERS' AWARD – STATE AND OTHERS

~

TOTALISATOR ADMINISTRATION BOARD OF QUEENSLAND

EMPLOYEES' AWARD – STATE

~

COMMISSIONER SWAN

~13 April 1994

~

~

RESCISSION AND NEW AWARD

~

THIS matter coming on for hearing before the Commission at Brisbane on 13 April 1994, this Commission doth order that the said Awards listed in Schedule A hereof be rescinded and doth Award as follows as from the fourteenth day of April, 1994:–

TOTALISATOR ADMINISTRATION BOARD OF QUEENSLAND

EMPLOYEES' AWARD – STATE

PART 1 – PRELIMINARY

1.1Arrangement of Award

This Award is arranged as follows:–

Subject MatterClause No.

Part 1 – Preliminary

Arrangement of Award...... 1.1

Title...... 1.2

Award Coverage...... 1.3

Area of Operation...... 1.4

Date of Operation...... 1.5

Award Posting...... 1.6

Subject MatterClause No.

Part 2 – Terms and Conditions of Employment

Contract of Employment...... 2.1

Termination of Employment...... 2.2

Record of Time Worked...... 2.3

Grievance Procedure...... 2.4

Preference...... 2.5

Anti-Discrimination ...... 2.6

Part 3 – Definitions, Wages and Allowances

Definitions...... 3.1

Guaranteed Minimum Wage...... 3.2

Wages...... 3.3

Occupational Superannuation...... 3.4

Allowances...... 3.5

Payment of Salaries...... 3.6

Part 4 – Hours of Work, Overtime

Hours of Work – Fortnightly Employees...... 4.1

Hours of Work – Casual Employees...... 4.2

Overtime...... 4.3

Meal Break...... 4.4

Rest Pause...... 4.5

Shift Work...... 4.6

Part 5 – Statutory Holidays, Leave

Annual Leave...... 5.1

Statutory Holidays...... 5.2

Sick Leave...... 5.3

Long Service Leave...... 5.4

Parental Leave...... 5.5

Bereavement Leave...... 5.6

Part 6 – Miscellaneous Provisions

Advertising of Vacant Positions...... 6.1

Uniforms...... 6.2

Travelling Time...... 6.3

Certificate of Employment...... 6.4

Traineeships...... 6.5

Adverse Reports...... 6.6

Conveyances...... 6.7

Training...... 6.8

Structural Efficiency...... 6.9

Schedules

Schedule A

1.2 Title

This Award shall be known as the “Totalisator Administration Board of Queensland Employees' Award – State”.

1.3 Award Coverage

This Award shall apply to all employees of the Totalisator Administration Board for whom classifications and rates of pay are prescribed.

1.4 Area of Operation

For the purposes of this Award, the Divisions and Districts shall be as follows:–

(1)Divisions – Northern Division – That portion of the State along or north of a line commencing at the junction of the sea-coast with the 21st parallel of south latitude; thence by that parallel of latitude due west to 147 degrees of east longitude; thence by that meridian of longitude due south to 22 degrees 30 minutes of south latitude; thence by that parallel of latitude due west to the western border of the State.

Mackay Division – That portion of the State within the following boundaries:–

Commencing at the junction of the sea-coast with the 21st parallel of south latitude; thence by that parallel of latitude due west to 147 degrees of east longitude; thence by that meridian of longitude due south to 22 degrees of south latitude; thence by that parallel of latitude due east to the sea- coast; thence by the sea-coast northerly to the point of commencement.

Southern Division – That portion of the State not included in the Northern or Mackay Divisions.

(2)Districts – (a) Northern Division –

Eastern District – That portion of the Northern Division along or east of 144 degrees 30 minutes of east longitude.

Western District – The remainder of the Northern Division.

(b)Southern Division –

Eastern District – That portion of the Southern Division along or east of a line commencing at the junction of the southern border of the State with 150 degrees of east longitude; thence by that meridian of longitude due north to 25 degrees of south latitude; thence by that parallel of latitude due west to 147 degrees of east longitude; thence by that meridian of longitude due north to the southern boundary of the Mackay Division.

Western District – The remainder of the Southern Division.

1.5Date of Operation

This Award shall take effect as from the fourteenth day of April, 1994.

1.6Award Posting

A copy of this Award shall be exhibited at Head Office or each Branch Office of the TAB where employees covered by this Award are employed so as to be easily read by the employees.

PART 2 – TERMS AND CONDITIONS OF EMPLOYMENT

2.1Contract of Employment

Except in the case of casual employees, employment shall be fortnightly. Casual employees are employed by the hour and from hour to hour.

2.2Termination of Employment

(1)Fortnightly Employees – (a) Termination by TAB

(i)In order to terminate the employment of an employee the TAB shall give the following notice:–

Period of Continuous ServicePeriod

of

Notice

1 year or less1 week

1 year and up to the completion of 3 years2 weeks

3 years and up to the completion of 5 years3 weeks

5 years and over4 weeks

(ii)In addition to the notice in paragraph (i) above, employees over 45 years of age at the time of giving of notice and with not less than two years continuous service, shall be entitled to an additional week's notice.

(iii)Payment in lieu of notice shall be made if the appropriate notice is not given:

Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(iv)The period of notice in this subclause shall not apply to casual employees nor in the case of dismissal for misconduct (including dishonesty, intoxication or wilful disobedience) or other grounds that justify instant dismissal.

(b)Notice of Termination by Employee – Two weeks' notice of termination is required to be given by the employee to the TAB.

If an employee fails to give notice the TAB shall have the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate for the period of notice.

(2)Casual Employees – No notice is required to be given by the TAB or the employee to terminate the hourly contract of employment of a casual employee.

2.3Record of Time Worked

A time and wages book or similar record shall be provided and kept at Head Office or any Branch Office where employees covered by this Award are employed which shall state the starting and finishing times of each employee, and entries shall be made therein by each employee of their starting and finishing time on each engagement of the time worked (including overtime, if any, and the amount of overtime received).

Access to such book or similar record shall be allowed to an authorised Industrial Officer pursuant to section 369 of the Industrial Relations Act 1990.

2.4 Grievance Procedure

The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the Totalisator Administration Board in respect to any industrial matter, administrative decisions affecting an individual and the behaviour of any employee towards the aggrieved employee.

The procedure shall apply to a single employee or to any number of employees.

(1)In the event of an employee having a grievance or dispute, the employee shall in the first instance attempt to resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances.

(2)If the grievance or dispute is not resolved under subclause (1) hereof, the employee or the employee's representative may refer the matter to the next highest level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative.

(3)If the grievance or dispute is still unresolved after discussions listed in subclause (2) hereof, the matter shall be reported to the industrial organisation and the relevant Senior Management. This should occur as soon as it is evident that discussions under subclause (2) hereof will not result in resolution of the dispute.

(4)If, after discussion between the parties mentioned in subclause (3) the dispute remains unresolved and the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given in pursuance of section 187 of the Industrial Relations Act 1990.

(5)Whilst all of the above procedures are being followed, normal work shall continue except in the case of a genuine safety issue.

(6)The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.

(7)All parties shall give due consideration to matters raised or any suggestion or recommendation made by an Industrial Commissioner or Industrial Magistrate with a view to the prompt settlement of the dispute.

(8)Any Order of the Queensland Industrial Relations Commission (subject to the parties right of appeal under the Act) will be final and binding on all parties to the dispute.

(9)Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute pursuant to section 187 of the Industrial Relations Act 1990:

Provided that the parties will observe the following time frames in regard to subclause (1), (2) and (3) hereof unless otherwise agreed:–

subclause (1) – Discussions should take place between the employee and the supervisor within 24 hours and the procedure shall not proceed beyond 7 days.

subclause (2) – Procedure not to exceed 7 days.

subclause (3) – Not to exceed 14 days:

Provided further that it is recognised that an employee has the right to consult with their industrial organisation during the course of any stage of this procedure.

2.5Preference

(1)Preference of employment under this Award shall be given to financial members of the undermentioned Industrial Organisations of Employees in their respective callings, or to persons who give the TAB an undertaking in writing to join the appropriate Industrial Organisation of Employees within one month of accepting employment:–

*the Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees;

*the Federated Clerks' Union of Australia, North Queensland Branch, Union of Employees;

*the Australian Services Industrial Union of Employees (Queensland Local Government, Energy, Ports, Information Technology, Social and Community Services Branch).

(2)No person shall be deemed to have made application to join the appropriate industrial organisation unless such person has tendered the fee prescribed by the registered rules of the appropriate industrial organisation.

(3)The TAB is required to give preference in employment as above, over another person only when all factors relevant to the particular case are otherwise equal.

(4)The TAB is not required to give preference in accordance with this clause over a person in respect of whom there is in force a Certificate under section 255 of the Industrial Relations Act 1990.

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

2.6Anti-Discrimination

(1)It is the intention of the parties to this Award to achieve the principal object in s. 3(k) of the Industrial Relations Act 1990 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 affect –

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

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

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

PART 3 – DEFINITIONS, WAGES AND ALLOWANCES

3.1Definitions

(1)"The TAB" shall mean the Totalisator Administration Board constituted under the Racing and Betting Act 1980–1985.

(2)"Employee" shall mean any employee of the TAB for whom rates of pay are herein prescribed.

(3)"Casual in Charge" shall mean a casual appointed to be in charge where no Supervisor is employed. The term shall also be deemed to include an employee who is required to take charge of a Branch Office and exercise control over other casuals in such Branch Office in the absence of a Supervisor for a continuous period of two hours or more.

(4)"The Industrial Organisations" shall mean the Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees; or the Federated Clerks' Union of Australia, North Queensland Branch, Union of Employees; or the Australian Services Industrial Union of Employees (Queensland Local Government, Energy, Ports, Information Technology, Social and Community Services Branch) as appropriate.

(5)"Afternoon Shift" shall mean any shift commencing on or after midday and finishing after 6.30 p.m.

(6)"Night Shift" shall mean any shift finishing after midnight and at or before 8.00 a.m.

3.2Guaranteed Minimum Wage

The rates of wage or salaries prescribed by this Award in respect to adult employees or to employees who are seniors are deemed to include and to be expressed by reference to the Guaranteed Minimum Wage declared for the time being and from time to time pursuant to the provisions of the Industrial Relations Act 1990, and unless otherwise ordered such wages and salaries are to be adjusted to accord with any variations to such Guaranteed Minimum Wage. Until further Order, the amount of the Guaranteed Minimum Wage deemed to be so included is as follows:–

Schedule

Within the Southern Division, Eastern District –

Per Week

$

Adults 258.00

Elsewhere – Divisional and District parities to remain unaltered.

3.3Wages

(1)Classification Structure – Full-time Employees

ClassificationGrade/Year

(a)Customer Contact Employees –

Operations

Senior Raceday Controller...... Gr2

Raceday Controller Cl. 1...... Gr3

Raceday Controller Cl. 2...... Gr5

Trainee Raceday Controller...... Gr6

Service Centre Officer...... Gr6

Telebet Supervisor...... Gr8

Sales and Marketing

Regional Supervisor...... Gr8

Branch Manager...... Gr8

Technicians

Senior Engineer...... T Yr1-4

Head Office Engineer...... T 6mth-5Yrs

Country Engineer...... T 6mth-4Yrs

Metropolitan Field Engineer...... T 6mth-4Yrs

(b)Computer Operations Employees –

Network Operations Supervisor...... Gr2A

Systems Operations Supervisor...... Gr2A

Senior Computer Operator...... Gr5A

Computer Operator Cl 1...... Gr6A

Computer Operator Cl 2...... Gr7A

Trainee Computer Operator (unqualified)...... JT Yrl-3

(c)Other Staff –

Technology

Analyst ProgrammerGr5A – 1B

Programmer AnalystGr6A – 2A

Programmer...... Gr7A

Communications Co-ordinator...... Gr6A

Trainee Programmer (unqualified)...... JT Yr1-3

Systems Librarian...... Gr6A

Field Services Clerk...... G Yr1-7

ClassificationGrade/Year

Operations

O.S.T.G. Officer...... Gr6

Printer/Machinist...... G Yr1-7

Senior Race List Clerk...... Gr7

Administration Clerk...... Gr7

O.S.T.G. Assistant...... G Yr1-7

Fields Clerk...... G Yr1-7

Finance

Assistant Accountant...... Gr3

Assistant Accountant (unqualified)...... Gr4

Payroll Supervisor...... Gr4

Revenue Clerk...... Gr6

Accounts Clerk...... Gr7

Audit

Internal Auditor...... Gr3

Internal Auditor (unqualified)...... Gr6

Audit Clerk...... Gr7

Human Resources

Employee Relations Officer...... Gr4

Stores

Stores Supervisor...... Gr6

Technical Storeperson/Clerk...... Gr7

Storeperson...... G Yr1-7

Property

Construction Supervisor...... Gr3

House Engineer (Mechanical)...... Gr5

Joiner...... Yr7

Engineer's Assistant...... G Yr1-7

Secretarial

Chief Executive Secretary...... Gr4

Secretary...... Gr7

Typist...... G Yr1-7

Receptionist-Switchboard Operator...... G Yr1-7

ClassificationGrade/Year

Administration

Purchasing Clerk...... Gr6

Records Officer...... Gr6

Trainee Purchasing Clerk...... Gr7

Records Clerk...... G Yr1-7

(2)An employee who has been appointed to any Grade as set out hereunder shall be granted increments between the minimum salary and maximum salary prescribed for the relevant classification.

(a) –

Minimum RateMaximum Rate

GradePer FortnightPer Fortnight

$$

1A...... 1489.301508.50

1...... 1418.101437.30

2A...... 1372.201391.40

2...... 1337.401356.60

3A...... 1301.301320.50

3...... 1265.401284.60

4A...... 1229.901249.10

4...... 1185.601204.80

5A...... 1150.501169.70

5...... 1115.501134.70

6A...... 1081.501100.70

6...... 1048.501067.70

7A...... 1015.401034.60

7...... 981.301000.50

8...... 988.721007.40

(b)Technicians (T) –

Salary

ClassificationYearPer Fortnight

$

Senior Engineer1...... 1368.90

2...... 1386.20

3...... 1403.60

4...... 1420.90

Head Office Engineer 6 months probation.1104.90

1...... 1186.90

2...... 1221.60

3...... 1256.30

4...... 1290.90

5...... 1325.80

Country Engineer6 months probation1070.80

1...... 1104.90

2...... 1143.10

3...... 1182.40

4...... 1221.60

Metropolitan6 months probation.937.30

Field Engineer1...... 990.50

2...... 1019.70

3...... 1048.90

4...... 1078.20

(c)TAB General (G) –

Total Rate

YearPer Fortnight

$

1...... 816.50

2...... 846.10

3...... 864.80

4...... 884.10

5...... 904.20

6...... 923.10

7...... 942.80

(d)Junior Trainee (JT) –

Total Rate

YearPer Fortnight

$

1...... 727.50

2...... 809.60

3...... 902.90

(e)Casual (Customer Contact) Clerk –

Total

Hourly Rate

$

Monday to Friday...... 13.45

Saturday...... 18.90

Sunday...... 22.95

Public Holidays...... 28.50

Total

Hourly Rate

$

(f)Casual (Other Staff) Clerk –...... 11.8515

Note:The Award Rate includes wage increases and adjustments arising from State Wage Case decisions colloquially referred to as: 2nd Tier Adjustment; 1st (2 parts) and 2nd Structural Efficiency Adjustments; Minimum Rates Adjustment and first, second and third $8.00 Safety Net Adjustments.

The rates of pay in this Award include the first, second and third $8.00 per week arbitrated safety net adjustments payable under the November 1994 State Wage Case decision and the October 1995 State Wage Case decision. Increases made under previous State Wage Case Principles or under the current Statement of Principles are to be used to offset arbitrated safety net adjustments. The first, second and third $8.00 per week arbitrated safety net adjustments may be offset to the extent of any wage increase, whether an award increase, an over-award payment or an increase by way of an enterprise arrangement received since 1 February 1992. Pre-February 1992, over-award arrangements are to be applied according to their terms.

(3)Casual Clerks in Charge – The minimum rates of wages of casual Clerks in Charge shall be the hourly rates prescribed by subclause (2)(e) of this clause 3.3 with the addition of ten per centum.

(4)Juniors – The minimum weekly rates of wages payable to junior employees within the Southern Division (Eastern District) shall be as follows:–

Percentage of

minimum adult

rate

%

Under 16 years of age...... 45

16 and under 17 years of age...... 50

17 and under 18 years of age...... 55

18 and under 19 years of age...... 65

19 and under 20 years of age...... 75

20 and under 21 years of age...... 85

21 years of age and thereafter...... 100

Junior rates shall be calculated in multiples of ten cents with any result of five cents or more being taken to the next highest ten cent multiple.

(5)Divisional and District Parities – In addition to the rates of wages set out in this Award for the Southern Division, Eastern District, the following amounts shall be paid to employees to whom this Award applies employed in the Divisions and Districts referred to hereunder:–

Adults 21 yearsJuniors under 21

of age and overyears of age

Per fortnightPer fortnight

$$

Northern Division, Eastern District...... 2.101.05

Northern Division, Western District...... 6.503.25

Mackay Division...... 1.800.90

Southern Division, Western District...... 2.101.05

3.4Occupational Superannuation

In addition to the rates of pay prescribed by this Award, the TAB shall contribute on behalf of each eligible employee an amount equal to the amount of Occupational Superannuation determined by the Queensland Industrial Relations Commission or Government Statute from time to time into the Occupational Superannuation Plan for the Totalisator Administration Board of Queensland in accordance with the conditions of that plan.