B0400 BCC-Const,Maint&Generalaward

UPDATED AS AT 25 November 1998

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 131 – application for rescission and new award The Australian Workers' Union of Employees, Queensland

Brisbane City Council (No. R5-2 of 1989)

BRISBANE CITY COUNCIL (WATER SUPPLY AND SEWERAGE DEPARTMENT) LABOURERS' AWARD

BRISBANE CITY COUNCIL AWARD (ROADMAKING, ETC., EMPLOYEES)

BRISBANE CITY COUNCIL AWARD – UNDERGROUND LABOURERS' – TRAFFIC SIGNALS CONTROL

MAINTENANCE EMPLOYEES' AWARD – STORY BRIDGE

BRIDGE, WHARF AND PIER CONSTRUCTION – BRISBANE CITY COUNCIL

INDUSTRIAL AGREEMENT

TRAFFIC COUNTERS – BRISBANE CITY COUNCIL

BRISBANE CITY COUNCIL – SEXTONS AND ASSISTANT SEXTONS AWARD

POUNDKEEPERS, STOCKMEN AND IMPOUNDERS – BRISBANE CITY COUNCIL

PATROL OFFICERS' (METERED PARKING) –

Brisbane City Council

CONTROL OFFICERS' (DOGS, MOSQUITOES AND FIRE BREACHES) – BRISBANE CITY COUNCIL 2

LITTER INSPECTORS – BRISBANE CITY COUNCIL

INDUSTRIAL AGREEMENT BRISBANE CITY COUNCIL – CONSTRUCTION, MAINTENANCE AND GENERAL AWARD

COMMISSIONER NUTTER 1 November 1993 RESCISSION AND NEW AWARD

THIS matter coming on for hearing before the Commission at Brisbane on 1 February and 5 August 1993, this Commission doth order that the said Awards and Industrial Agreements be rescinded and doth Award as follows as from the second day of August, 1993:–

BRISBANE CITY COUNCIL – CONSTRUCTION, MAINTENANCE AND GENERAL AWARD

Arrangement Of Award

Subject Matter Clause No.

Part 1 – Preliminary

Title 1.1 Award Coverage 1.2 Award Objectives 1.3 Date of Operation 1.4 Award Posting 1.5

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 – Definitions, Wages, Allowances

Guaranteed Minimum Wage 3.1 Wages 3.2 Classification Standards 3.3 Classification and Operating Principles 3.4 Allowances 3.5 Construction, Reconstruction, Alteration Repair and/ or Maintenance Work Allowance 3.6 Groundsel Eradication and Weed Control 3.7 Entomological and Rodent Control Sections – Pesticide Allowance 3.8 Excess Travelling Time and Fares Etc. – Allowances 3.9

Part 4 – Hours of Work, Overtime

Hours of Work 4.1 Overtime 4.2 3

Meal Break/Meal Provision 4.3 Rest Pauses 4.4 Shift Work 4.5 Part-Time, Casual, 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

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 Method of Determining Rate of Pay for Holidays and Time Lost Through Wet Weather or Sickness 6.6 Uniforms and Equipment 6.7 Wet Conditions 6.8 Toxic Spills or Radioactive Materials 6.9 Reserved Matters 6.10

Schedules

Present Incumbent only (PIO) Management Process 1 Translation Guidelines 2 B.C.C. 2nd Tier Wage Increase 3 Owner Drivers 4

PART 1 – PRELIMINARY

1.1 Title

This Award shall be known as the Brisbane City Council – Construction, Maintenance and General Award.

1.2 Award Coverage

(1) This Award applies to employees of the Brisbane City Council engaged in work previously covered by the Awards and Industrial Agreements as listed.

– Brisbane City Council (Water Supply and Sewerage Department) Labourers' Award.

– Brisbane City Council Award (Roadmaking, Etc. Employees).

– Brisbane City Council Award – Underground Labourers' – Traffic Signals Control.

– Maintenance Employees' Award – Story Bridge.

– Bridge, Wharf and Pier Construction – Brisbane City Council – Industrial Agreement.

– Traffic Counters – Brisbane City Council – Industrial Agreement.

– Brisbane City Council – Sextons and Assistant Sextons Award.

– Poundkeepers, Stockmen and Impounders – Brisbane City Council – Industrial Agreement.

– Patrol Officers' (Metered Parking) – Brisbane City Council – Industrial Agreement. 4

– Control Officers' (Dogs, Mosquitoes and Fire Breaches) – Brisbane City Council – Industrial Agreement.

– Litter Inspectors – Brisbane City Council – Industrial Agreement.

– Theatrical Employees' Award – State.

(2) Employees who would have been covered by these Awards and Industrial Agreements or relevant award provisions had they not been rescinded.

(3) Employees for whom classifications and wage rates are prescribed by this Award in the classification structure.

1.3 Award Objectives

The objectives of this Award are as follows:–

(a) To ensure all reasonable steps to avoid any action which disrupts continuity of operation, by resolving employee concerns effectively and speedily through full and open communication and agreed consultative, negotiation and grievance procedures.

(b) To facilitate development opportunities for employees to broaden their skills, fulfil their potential and meet the needs of constantly changing customer requirements and technological changes.

(c) To maintain a payment system which encourages and rewards employee performance, skills enhancement and skills utilisation.

(d) To facilitate working relationships on the basis of co-operation, mutual trust, understanding and sincerity.

(e) To support and maintain standards of conduct and attendance necessary to ensure responsible, efficient and safe operations.

1.4 Date of Operation

This Award shall, except where otherwise provided, take effect and have the force of law as from 2 August 1993.

1.5 Award Posting

A true and up to date copy of this Award shall be kept 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 and 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 Australian Workers' Union of Employees, Queensland or to persons who give to the employer an undertaking in writing to make application to join such a 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) Preferences as abovementioned shall, in all cases, be subject to the following conditions:– 5

(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 255 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

(1) Except in circumstances where the provisions of clause B (Introduction of Changes) and of clause C (Redundancy) of the Statement of Policy referred to in clause 2.4 hereof apply, the employment of an employee (other than a casual employee) may be terminated by giving one week's notice or one week's pay in lieu of such notice. An employee wishing to terminate his/her employment shall give one week's notice to the employer or forfeit one week's pay in lieu of such notice which may be deducted from any monies due to the employee.

(2) The period of notice in subclause (1) shall not apply to:

(a) employees dismissed for dishonesty, drunkenness, incompetence or neglect, or other specified mis-conduct warranting summary dismissal;

(b) casual employees;

(c) employees engaged for a specific period of time or for a specific task or tasks.

2.4 Introduction of Changes and Redundancy

(1) Except as provided for in clause 2.3 hereof, employers 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 16 June 1987, 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. 6

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 dispute 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. 7

(4) Where wages are paid by EFT, the Council shall take all reasonable steps to enable the wages to be transferred to the employee's account prior to the normal ceasing time on the nominated payday. Where wages are paid by a means other than EFT, payment shall, be made in the employer's time. If payment of wages is not so made employees shall be paid at ordinary rates for the time they are kept waiting.

(5) 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 this 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 contribution 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 times of starting and ceasing work.

Such record shall be open to inspection during working hours by an officer of The Australian Workers' Union of Employees, Queensland, duly authorised under section 362 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 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 ss. 291(3)(a) and (b) of the Act.

PART 3 – DEFINITIONS, WAGES, ALLOWANCES

3.1 Guaranteed Minimum Wage

The rates of wages or salaries prescribed by this Award in respect to adult 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 provision 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:– 8

Schedule

Within the Southern Division, Eastern District –

Per Week $ Adults...... 258.00

3.2 Wages

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

Classification and Wage Structure Award Rate Per Week

Description Grade Relativity (as from 1/9/98) % $

Operation Services Employee Entry 87.5 413.10 Grade 1 90 423.50 Grade 2 92.5 433.90 Grade 3 95 444.30 Grade 4 97.5 454.80 Grade 5 100 465.20 Grade 6 105 486.10 Grade 7 110 506.90 Grade 8 115 527.80 Grade 9 120 548.60 Grade 10 125 567.50 Grade 11 130 588.40 Grade 12 135 609.20 Grade 13 140 630.10 Grade 14 145 650.90

NOTE: The rates of pay in this Award include the arbitrated Safety Net Adjustment payable under the 1 September 1998 Declaration of General Ruling and earlier Safety Net Adjustments. Where an employee has received a wage increase in excess of the total $34 Safety net Adjustments made available since 1 February 1992, that increase may be set off against the wage rate prescribed in this Award. The payments which may be set off include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award variations 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 Case decisions or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to off-set arbitrated Safety Net Adjustments.

(2) The above rates shall be adopted in accordance with the translation guidelines as indicated in Schedule 1.

(3) Any wage increases resulting from the implementation of the wage structure of this Award, shall be absorbable into overaward payments and skill based allowances, where agreed.

(4) Casual Performance Employees

(a) The performance rates indicated cover front of house employees and stage staff employed at BCC venues, including the City Hall and Mt Cootha Planetarium.

Front of house employees perform the following roles; ushering monitoring, cloakroom attendants, programme sellers, ticket taking and selling, door attendants, gallery ushers, commissionaires, and stage door keepers.

Per Performance Rate $ 9

(b) (i) Front of House Employee Performance Rate (Includes a 25% loading for leave and flexibility)...... 51.88

(ii) Planetarium Performance Rate...... 49.39

(iii) Stage Employees Performance Rates Public address/light person/sound operator...... 58.54 Spotlight/stage/properties/lights and flys...... 51.11 Switchboard...... 58.54

(These rates have been adjusted for the 1st, 2nd and 3rd SNA’s and $10 General Ruling August 1997 and $14.00 General Ruling September, 1998.)

(c) The performance rates unless otherwise stated include a 19% loading for leave purposes, after which overtime may apply at the rate of the time and a-half for the first three hours and double-time thereafter.

All overtime performed after 12.00pm at night is paid at double-time. Overtime performed on Sundays is paid at double-time.

(d) Performance rates indicated at (b)(i) (ii) are based on a four hour minimum engagement. Performance rates indicated at (b)(iii) are based on three and a-half hour minimum engagement.

(e) Any employee engaged under this section who is not employed for at least six performances in seven weeks from the time of their first engagement shall be paid an extra 41 cents per performance.

(f) A double performance rate is paid for a performance undertaken on a Sunday.

Employees who are in charge of and supervise the duties of other employees shall be paid 74 cents in addition to the performance rates set out.

3.3 Classification Standards

The following classification standards are generic and indicate in broad terms the skills and in some instances, the type of work that may be required of employees. The standards are complimentary to an agreed role evaluation methodology, which values the work role against the classification standards.

The work role is reflected in a workplace statement, that specifies for employees the responsibility and skill requirement of the role.

The classification standards extend across a work and skill range typically performed by employees represented in the following areas. The list is not exhaustive.

 Construction & Maintenance of: roads, drains, bridges, parks and gardens  Major venue maintenance  Community Health Services  Construction maintenance and operation of Water Supply and Sewerage infrastructure and systems  Kerbside Management and Traffic Operations

OPERATIONAL SERVICES EMPLOYEE – ENTRY GRADE – Relativity to Grade Five – 87.5%

General Features of the Role

Employees appointed to this grade typically have limited or no relevant work experience. This grade is used to assess the employee’s skill level and physical capacity to perform the relevant work. The employee remains in this grade for six months and undertakes induction training and competency assessment and works under close supervision in a team environment. 10

OPERATIONAL SERVICES EMPLOYEE –- GRADE ONE – Relativity to Grade Five – 90%

Upon appointment to this grade an employee is expected to undertake a range of activities at a basic level within a team environment.

OPERATIONAL SERVICES EMPLOYEE – GRADE TWO – Relativity to Grade Five – 92.5%

An employee appointed to this grade is expected to undertake a range of activities and commensurate responsibilities within a team environment that require skills that build on the competencies developed in Grade One.

A typical skill required in this grade would be the operation of small plant and hand-powered tools.

OPERATIONAL SERVICES EMPLOYEE – GRADE THREE – Relativity to Grade Five – 95%

An employee appointed to this grade is expected to undertake a range of activities and commensurate responsibilities within a team environment that require skills that build on the competencies developed in Grade Two.

An employee at this grade may be expected to co-ordinate a small work team, to drive and operate specific vehicles or plant, if required by the business needs as reflected in the Workplace Statement.

Examples of typical vehicles associated with roles at this grade are as follows:

* Vehicles not exceeding 4.5 Tonne (G.V.M.)

OPERATIONAL SERVICES EMPLOYEE – GRADE FOUR – Relativity to Grade Five – 97.5%

An employee appointed to this grade is expected to undertake a range of activities and commensurate responsibilities within a team environment that requires skills that build on the competencies developed in Grade Three.

An employee at this grade may be required to provide limited supervision, to drive and operate specific vehicles or plant, if required by the business needs as reflected in the Workplace Statement.

* Vehicles not exceeding 15.0 Tonne (G.V.M.)

OPERATIONAL SERVICES EMPLOYEE – GRADE FIVE – Relativity 100%

An employee appointed to this grade is expected to undertake a range of activities and commensurate responsibilities within a team environment, that requires skills that build on the competencies developed in Grade Four.

An employee at this grade may be required to provide supervision to a work team, to drive and operate specific vehicles or plant, if required by the business needs as reflected in the Workplace Statement.

* Rigid vehicles with up to 4 or more axles and a G.V.M. exceeding 15 tonne G.V.M. * Rigid vehicles and heavy trailer combination with 3 or more axles and a G.C.M. of up to 22.4 tonne or greater * Articulated vehicle with more than three axles, and a G.C.M. greater than 22.4 tonne * Euclid * Articulated vehicle with 3 axles and a G.C.M. of 22.4 tonne or less 11

OPERATIONAL SERVICES EMPLOYEE – GRADE SIX – Relativity to Grade Five – 105%

An employee appointed to this grade is expected to undertake a range of activities and commensurate responsibilities within a team environment, that requires skills that build on the competencies developed in Grade Five.

An employee at this grade may be required to drive and operate specific vehicles or plant if required by the business needs as reflected in the Workplace Statement.

* Driving articulated vehicles up to and including 53.4 tonnes G.C.M. including B doubles

OPERATIONAL SERVICES EMPLOYEE – GRADE SEVEN – Relativity to Grade Five – 110%

An employee appointed to this grade is expected to undertake a range of activities and commensurate responsibilities within a team environment, that requires skills that build on the competencies developed at Grade Six.

OPERATIONAL SERVICES EMPLOYEE – GRADE EIGHT – Relativity to Grade Five – 115%

An employee appointed to this grade is expected to undertake a range of activities and commensurate responsibilities within a team environment, that requires skills that build on the competencies developed in Grade Seven.

OPERATIONAL SERVICES EMPLOYEE – GRADE NINE – Relativity to Grade Five – 120%

An employee appointed to this grade is expected to undertake a range of activities and commensurate responsibilities within a team environment, that requires skills that build on the competencies developed in Grade Eight.

OPERATIONAL SERVICES EMPLOYEE – GRADE TEN – Relativity to Grade Five – 125%

An employee appointed to this grade is expected to undertake a range of activities and commensurate responsibilities within a team environment, that requires skills that build on the competencies developed in Grade Nine.

OPERATIONAL SERVICES EMPLOYEE – GRADE ELEVEN – Relativity to Grade Five – 130%

An employee appointed to this grade is expected to undertake a range of activities and commensurate responsibilities within a team environment, that requires skills that build on the competencies developed in Grade Ten.

OPERATIONAL SERVICES EMPLOYEE – GRADE TWELVE – Relativity to Grade Five – 135%

An employee appointed to this grade is expected to undertake a range of activities and commensurate responsibilities within a team environment, that requires skills that build on the competencies developed in Grade Eleven.

OPERATIONAL SERVICES EMPLOYEE – GRADE THIRTEEN – Relativity to Grade Five – 140%

General Features of the Role 12

An employee appointed to this grade is expected to undertake a range of activities and commensurate responsibilities within a team environment, that requires skills that build on the competencies developed in Grade Twelve.

OPERATIONAL SERVICES EMPLOYEE – GRADE FOURTEEN – Relativity to Grade Five – 145%

An employee appointed to this grade is expected to undertake a range of activities and commensurate responsibilities within a team environment, that requires skills that build on the competencies developed in Grade Thirteen.

3.4 Classification and Operating Principles

(1) Basis For Remuneration –

Payment is determined by the skill level of the role, not the tasks undertaken. Therefore, payment does not automatically vary when particular tasks or new tasks are performed. Employees will on occasion perform work of a similar nature and because of the different skill levels required, attract different classification rates. This principle adheres to the concepts of competency based remuneration and payment for skills required.

(2) Higher Duty Performance –

Employees temporarily called upon to perform all, or a substantial part of a role at a higher grade, will attract a pay rate applicable to that grade, provided they have undertaken work at the higher grade for a full working day.

(3) Working Within Skill & Safety Limits –

The Council may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the classification structure of this award, provided that such duties are not designed to promote deskilling and are in accordance with the Workplace Health and Safety Act 1995.

(4) Award Flexibility –

The parties agree in principle that the new Award skill level definitions and agreed classification structures will be more suitable for the needs of the Brisbane City Council, generally more broadly based, more truly reflective of the different skill levels of the tasks now performed, and which shall incorporate the ability for an employee to perform a wider range of duties where appropriate. For example, minor plumbing and maintenance work on water services, truck driving, and plant operation. This ability is limited to the extent of their training, accreditation and licensing requirements.

(5) Role Evaluation Process –

When Departments through agreed work redesign processes restructure work to meet business needs, or decide to expand operations into new areas, workplace statements will be created and graded according to an agreed role evaluation process.

The role evaluation process is designed to meet the following agreed principles:

 Allows employee consultation  Ensures workplace statement quality (content)  Ensures corporate grading consistency  Ensures equity

The workplace statements to be developed according to an agreed format and to be submitted for role evaluation through the process indicated below.

1. Local Work Area 2. Corporate Grading Branch/Section Management Committee Appoint employees to roles 13

Develop and agree Workplace Statement Establish role grading 14

PROCESS COMPOSITION PURPOSE ACTION STEPS

1.Local Work  Employee reps  Develop and agree  Forward agreed WPS Area where role exists WPS to ensure to Corporate Grading  Supervisors consistent quality of Committee (Step 2)  Section Head WPS through the  If no agreement on  Facilitator (SDO use of the structured WPS refer to award or Corporate format grievance procedure Training Officer)

1.Corporate Grading 1.Inter-  Establish role  Communicates Committee Departmental grading decision on final Management  Ensure corporate grading to reps consistency Department  Union official  HRD Officer

The evaluation of the workplace role statements by the Corporate Grading Committee will occur through the application of the agreed role evaluation methodology.

(6) Appointment Process –

Employees are attached to workplace statements through an appointment selection process when vacancies occur or new roles are created. Employees are selected based on skill, knowledge, and personal attributes, as assessed against the advertised selection criteria in accordance with the agreed Council merit-based recruitment and selection process.

(7) Classification Structure – Progression –

Progression through the Award Classification Structure is as follows:

Entry to Grade Three:

 Eligibility for progression will occur by the acquisition of skills assessed (demonstrated competency) on a six monthly basis.

 The skills to be assessed are to be selected from related workplace roles within the entry to grade three range.

 The skills to be assessed are to be identified and agreed at the beginning of each assessment period.

Grade Four and above:

 Progression by vacancy only

 Vacancies to be advertised.

3.5 Allowances

Tool Allowance

(1) Bridge Carpenters & Form Setters using their own tools shall be paid $11.10 per week allowance in addition to their ordinary rates of pay. This allowance shall not be paid while the employee is on Annual Leave.

Quarry Workers

(2)(a) Quarry Allowance – In addition to the above wages, employees in quarries shall be paid an allowance at the rate of $17.30 per week to compensate for disabilities associated with working in quarries, which shall be treated as part of the ordinary weekly wage for the purposes of this Award. 15

(b) This allowance shall also apply to employees working at crushing plants, screening plants and similar plants and shall also apply to employees working in gravel pits where such plants are in operation:

Provided that the allowance shall not apply if the plants are operated in a wet process method or other method that prevents the occurrence of a dust nuisance.

Reservoir Caretakers, Water Treatment Plant and Water Storage Employees Section

(3)(a) Residence or Residential Allowance – Senior Water Treatment Plant Operators and Water Treatment Plant Operators when engaged on shift work shall be supplied with residence or receive in lieu an allowance at the rate of $5.28 per week.

(b) Employees engaged in the cleaning out of sedimentation basins shall be paid 78c per day in addition to their ordinary rates:

Provided that in lieu of this payment, when engaged in cleaning out basins where the minimum depth of silt measured after draining out is 600 mm or more on the inlet side of the basin, such employee shall be paid at the rate of time and a-half for the period worked in the basin.

(c) Employees required to internally clean the alum storage tanks shall be paid at the rate of time and one- half for all time so spent in such tanks.

(d) Employees required to internally clean lime mixing tanks shall be paid at the rate of time and a-half for all time so spent in such tanks.

(e) Reservoir caretakers and assistant caretaker shall be allowed residence, or in lieu of residence $1.85 per week extra.

Sewer Maintenance Section

(4)(a) Extra payments for Work in Main Sewer – In addition to the normal rate prescribed for ‘Maintenance man (Sewerage)’, sewer maintenance employees and ganger, when engaged on work in the main sewer, as hereinafter defined, and wet wells of sewerage pumping stations where the depth is greater than 4.5 m (for the purposes of the clause, depth shall be measured from the upper face of the slab or floor over the wet well to the bottom of the inside of the wet well), shall be paid an allowance of $2.00 per day which shall be treated as part of the total wage and taken into consideration for the purpose of computing overtime:

Provided in lieu of the said allowance such employees shall be paid an allowance of $5.29 per day for any day during which they do not qualify for the penalty prescribed for employees engaged on live sewer work involving personal contact with live or raw sewage:

Provided further that notwithstanding anything elsewhere contained in this Award, sewer maintenance employees and ganger shall work as required in the main sewer as hereinafter defined between 11.00 p.m. on Sunday, Monday, Tuesday, Wednesday, Thursday and 7.00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday, respectively, with half an hour for a meal for which no deduction in pay shall be made, at ordinary rates of pay (not being overtime or other penalty rates), plus an allowance as above prescribed; but for each employee shall be paid $10.68 in addition to such ordinary rates and allowance.

(b) For the purposes of these provisions, the main sewer shall be defined as:–

(i) The main sewer from manhold 63, Eagle Farm pumping station to manhold 132 opposite the Hocking Street syphon.

(ii) The Norman Creek sewer from its junction with the main sewer at manhold 102, James Street, to manhold 35, Vulture Street, East.

(iii) The Breakfast Creek Sewer from its junction with the main sewer at manhold 94, Breakfast Creek Road, to manhold 3 in Abbotsford Road.

(iv) Any other sewer as determined from time to time by the Engineer for Water Supply and Sewerage. 16

(c) Employees engaged on live sewer work involving personal contact with live or raw sewage shall for all work so performed be paid an additional amount equal to one half of ordinary rates.

(d) The said additional payment shall be made as for a minimum period of four hours on any ordinary working day – Mondays to Fridays inclusive:

Provided that for work on Saturdays, Sundays or Public Holidays they shall be paid in addition to any other rate of payment prescribed an additional payment of one half of ordinary time:

Provided further that the provisions of clause 3.6 (Construction, Reconstruction, Alteration, Repair and/or Maintenance Work Allowance) shall not apply to employees when engaged on live sewer work:

Provided further that in respect of the times during which the said extra payment is made the allowances as prescribed by subclauses (3) and (4) of clause 6.8 ‘Wet Conditions’ shall not be payable.

Sewerage Pumping Stations Section

(5)(a) Labourers at Eagle Farm Pumping Station and at other Mechanical and Electrical installations shall be paid on the same basis as tradespersons in these areas an allowance of $3.28 per week to compensate for the extraordinary wear and tear on overalls and boots caused by the nature of the work carried out on live sewerage installations or on work which has been brought from a live sewerage installation or on work where the use of alum or chlorine would effect their clothing or footwear.

(b) Such additional allowance of $3.28 per week shall not be payable during periods of annual leave or long service leave and shall not be considered to be part of the wage rate for the calculation of overtime.

(c) Where an engineer certifies that this work is dirty a 2.75 cents per hour dirt money shall be paid.

Sewerage and Waste Treatment Plant Employees

(6)(a) In addition to payment for work done on statutory holidays for overtime, an allowance for $3.95 per day for each Saturday, Sunday or statutory holiday shall be paid as compensation to operators directed to work at Sewage Treatment plants on any of the aforementioned days.

(b) The classification of treatment plants shall be determined by the Head of the Department.

(c) Employees required to enter, clean and inspect digesters at Sewage Treatment Plants shall be paid 55.85c per hour for the time so worked in addition to the rates prescribed by this Award.

Traffic Signals Control – Underground Labourers’

(7) Employees handling bitumen or tar shall be paid 13.70c per hour in addition to the rates provided by this Award.

Entomological/Rodent Control Section

(8)(a) Employees of the Entomological Section of the Health Branch who drive motor-cycle and side-car outfits in the course of their duties, shall be paid a hiring charge of $47.42 per week where the motor-cycle and side-car outfit is owned by the employee so concerned.

(b)(i) Employee’s supplying dogs – Any employee who is required to supply a dog for use in rat destruction and supplies a proficient rat killing dog, shall be paid an allowance of $22.17 per week for each dog up to a maximum of two (2) dogs.

(ii) Such allowance shall be paid to the employee concerned during absences on annual leave, paid sick leave or whilst receiving accident pay: 17

Provided, however, if any such dog, through no fault of its master, is killed during the hours of employment on rat destruction work, the employer shall reimburse the master to the extent of the sum of $105.60.

Compensation will be payable on each or either of two dogs, provided that, in each case, the second dog being so worked is not a learner, but has been first accepted by the foreman as a fully trained rat dog.

(iii) The onus of proving that the dog was not killed through the fault of its master shall be upon the employee making such claim.

(iv) The Council shall exempt from registration fees all dogs employed in the service on rat destruction measures.

Parks and Gardens

(9)(a) Tree loppers working at a height above 7.5 m from the ground shall be paid $1.11 per day extra.

(b) Tree loppers when operating a chain-saw from a ‘cherry picker’ working at a height above 7.5 m shall be paid an allowance of 13.90c per hour whilst so engaged with a minimum payment of one (1) hour.

Ranger Botanic Gardens

(10) In consideration of the wages and conditions of his/her employment, the ranger will be allowed a house rent free with free fuel and light or an allowance in lieu of the value of $3.65 per week.

Poundkeepers, Stockperson and Impounders

(11)(a)In addition to the wage rates prescribed for Poundkeepers, they shall be supplied with free housing accommodation.

(b) The rates of pay include compensation for any necessary standing-by in the performance of their duties, any work performed by them on statutory holidays, the abnormal spread of ordinary weekly hours, and other disabilities associated with their duties.

(c) In addition to such rates, Poundkeepers/Stockpersons shall be paid a loading of $51.74 per week to cover increased costs of fodder, shoeing etc. Poundkeepers shall be paid a further loading of $15.60 to cover duties performed by their wives:

Provided that Stockpersons shall be entitled to the loading of $15.60 whilst relieving a Poundkeeper.

(d) Dog Impounders when required to work to a regular roster for work on Saturdays, Sundays and Public Holidays shall be paid an allowance at the rate of $41.17 per day.

(e) Dog Impounders when required to work to a regular roster for work on Public Holidays shall be granted one (1) day off in lieu of each Public Holiday so worked and such day off in lieu shall be taken at a time convenient to the employer.

(f) The abovementioned rates of wages shall be subject to Guaranteed Minimum Wage variations.

(g) Payment of fares shall be made to a Poundkeeper when he/she is required to travel from his/her pound to the several pounds within the Council’s area for sale purposes, or to travel to and from the City Hall or for the purpose of purchasing fodder supplies.

(h) Payment of fares to Stockpersons shall be paid to and from the City Hall when required to attend at the City Hall on official business.

(i) Any employee who is required to provide a horse or horses for use in connection with his/her work of impounding straying stock, shall use only such horse or horses as is or are approved by the Chief Health Surveyor of the Council’s Health Branch.

(j) If any such horse is killed or destroyed whilst engaged in impounding work and the death or destruction of such horse was not brought about by the fault of such employee or any person using it whilst so engaged, the Council 18 shall reimburse such employee in the sum of $31.68.

(k) The onus of proving that the death or destruction of such horse was not due to the fault of the said employee or person as aforesaid shall be upon the employee making the claim.

Cleansing and Scavenging Section

(12) Employees (including Sewer cleaners, Underground and Assistants on mechanical gully eductors) engaged on picking up street refuse and emptying rubbish and litter bins shall be paid an additional $1.93 per day.

Dirt Money

(13)(a)Employees boiling or working hot tar shall be allowed fifteen minutes for cleaning.

(b) Employees engaged in cleaning lavatories shall be paid 89c per day in addition to the rates fixed in this Award.

(c) Employees carting or employees handling tar, bitumen, asphalt, tarred metal, or tarred wood blocks shall be paid for the time actually so employed 5.55c per hour over the rates fixed in this Award:

Provided where employees are handling tar or bitumen for four hours or more they shall be paid 5.25c per hour for the whole day. Employees employed on cleaning water mains, or assisting at the overhaul of steam rollers or other machinery shall be paid for the time actually so employed 5.25c per hour in addition to the rates fixed in this Award.

Water Supply and Sewerage Labourers – General

(14)(a)Where employees are engaged in repairs to trunk mains and/or reticulation mains of 304 mm diameter or over, and are required to work in water of such depth as will overtop the toecap of a normal boot, they shall be paid 34c per day in addition to the ordinary rates prescribed.

(b) Sewerage construction workers engaged in making connections to live sewers shall be paid 34c per day in addition to their ordinary rate of pay while so employed.

(c) Sewerage employees engaged in mud and water shall be allowed a quarter of an hour before crib and knock-off time for washing purposes, at the discretion of the engineer.

(d) All employees other than ‘Ganger on Call’, ‘Turncocks’ and ‘Relieving Turncocks’ required to stand by for emergency work outside ordinary working hours shall be paid $49.10 per week in addition to the rates prescribed herein for each week on which they are required to stand by.

(e) Sand blasters whilst working in valve pits, the roofs of which have not been removed, shall be paid an allowance of 31.60c per hour.

(f) Employees preparing epoxy compounds for painting, and painting with epoxy compounds, shall be paid an allowance of 31.60c per hour whilst so engaged.

(g) Chainpersons required to pass through the City proper to report to a job within the 3.218 km radius shall be paid the additional fares from and back to the City Hall.

(h) For work carried out by Chainpersons on the carriageway on declared main roads in respect of which the Council has apparently no traffic authority, work carried out in heavy traffic conditions shall attract an allowance of $7.12 per day for any day or part of a day on which such work is performed.

Turncocks Section

(15)(a)Turncocks shall be allowed time off each alternative week from 4.30 p.m. Thursday to 6.00 a.m. Monday. If the Engineer considers it impracticable to grant leave on any week-end, time in lieu shall be granted on the following week-end.

(b) Turncocks shall be allowed time off on alternative holidays from 6.00 a.m. to midnight.

(c) Turncocks shall be allowed one night off duty during the week, from 7.00 p.m. to midnight. A set night 19 will not be allotted to any particular turncock; the night off duty is to be the subject of arrangement between the turncock and the engineer.

(d) Where a turncock commences annual leave on the Monday following their week-end leave, they shall be permitted to cease duties at 6.00 a.m. on the Saturday immediately preceding such Monday, and report for duty after the expiration of their annual leave.

(e) Turncocks shall be allowed a standby allowance of $34.30 per week;

(f) It shall be a condition that the rent free residence supplied to turncocks or the allowance prescribed in lieu thereof shall be deemed to be made on the basis of their acting as caretakers of reservoirs.

(g) In the case of relieving turncocks, not receiving week-end leave in accordance with provision (a) hereof, a standby allowance of $49.10 per week shall be paid for each week they are on call.

(h) Turncocks shall have residence allowed, or in lieu of residence $1.85 per week extra.

Cleaning Hands

(16) Cleaning Hands – Employees shall be allowed ten minutes before meal times and ceasing times for cleaning hands when using tar, bitumen, red oxide, red lead, creosote, paint, or other similar dirty materials. The employer shall supply oil for such purposes.

First Aid

(17) Any qualified employee appointed by the employer to perform first- aid duties, and who works three days or more in any one week shall be paid $8.50 per week in addition to their ordinary rate of pay.

Sextons and Assistant Sextons

(18)(a)In addition to the wage rates prescribed by this Award, the following sextons shall be provided with a house:–

Sexton Toowong Cemetery, Sexton Pinaroo Lawn Cemetery, Sexton Lutwyche Cemetery, Sexton Mt Gravatt Cemetery, Relieving Sexton – (Note: This classification will be continued in this Award only whilst the present occupant remains so employed).

(b) When the assistant sexton relieves the sexton while the latter is on annual or sick leave, or on his/her days off, the assistant sexton shall be paid the rate prescribed for the sexton during the period of such leave.

3.6 Construction, Reconstruction, Alteration, Repair and/or Maintenance Work Allowance

(1) In addition to the rates prescribed in this Award employees with the exception of Form Framers and/or Setters and Form Setters’ Assistants, whilst actually engaged on construction, reconstruction, alteration, repair and/or maintenance work (as defined herein) ) on site shall be paid an allowance at the rate of $17.30 per week, which shall be treated as part of the ordinary weekly wage for the purposes of this Award, to compensate for listed disabilities.

(2) Form Framers and/or Setter and Form Setters Assistants whilst actually engaged on construction work (as defined herein) on site shall be paid an allowance at the rate of $16.00 per week which shall be treated as part of the ordinary weekly wage for the purposes of this Award to compensate for listed disabilities. 20

Listed Disabilities :-

(a) Climatic conditions where working in the open on all types of work.

(b) The physical disadvantages of having to climb stairs or ladders.

(c) Dust blowing in the wind on construction sites.

(d) Sloppy or muddy conditions.

(e) Dirty conditions.

(f) Drippings from newly poured conditions

(g) The disability of working on all types of scaffold other than a single plank or bosun’s chair.

(h) the lack of usual amenities associated with factory work.

(i) All other present disabilities not specifically compensated for or allowed for any other provision of this Award :

Provided that an employee receiving payment pursuant to this clause shall not be entitled to any payment in relation to dirt money or work in wet places except in the case of employees working in water to a depth of 750 mm or more:

Provided further that employees shall not be entitled to this allowance where they are in receipt of an additional payment or disabilities allowance for specific projects. Provided further that employees of Sewerage Treatment Plants and Sewerage Pumping Stations shall not receive payment pursuant to this clause.

(1) “Construction, reconstruction, alteration, repair, and/or maintenance work” for the purposes of this Award shall mean and include all work performed on site on the construction, alteration, repair and/or maintenance of pipe lines, culverts, box culverts, bridges, kerbing, chanelling, roads, traffic islands, concrete walls, and on land reclamation, water towers, water treatment works, water mains, water services, reservoirs, dams, barrages, weirs or similar structures, bridges, overpasses, underpasses, and concrete work incidental thereto, and sewerage construction, reconstruction, alteration, repair and/or maintenance work including sewerage treatment works:

Provided that this definition shall not, in relation to dams, weirs and barrages include the following classes of work :-

(a) Operation of the dam, weir or barrage;

(b) Construction or maintenance of tourist facilities;

(c) Gardening, grass cutting or other agricultural operations.

(1) Construction Work - For the purposes of this Award construction work carried out by Bridge Carpenters, Foreperson Bridge Carpenters, Form Framers and/or Setters and Form Setter’s Assistants shall mean and include all work performed on site on the construction of bridges, wharves, piers, jetties, pipe lines, culverts, box culverts, bridges, kerbing channelling, roads, traffic islands, concrete ornamental lakes and concrete ornamental gardens, retaining walls, on land reclamation, buildings, water towers, water treatment works, water mains, reservoirs, dams, barrages, weirs, or similar structures, bridges, overpasses, underpasses and concrete work incidental thereto, and sewerage construction work including sewerage treatment works. 21

3.7 Groundsel Eradication and Weed Control

(1)(a) Employees (including working gangers) engaged on groundsel eradication, weed control, and other work carried out by the organisation set up by the Brisbane City Council for this purpose in the Greater Brisbane Area or under the control of the Brisbane City Council shall be paid an allowance of $14.90 per week which shall be treated as part of the ordinary weekly wage for the purpose of this Award.

(b) After a period of six months' experience on such work employees (including working gangers) shall be paid a total allowance of $16.00 per week which shall be treated as part of the ordinary weekly wage for the purpose of this Award:

Provided that the allowances prescribed in provisions (a) and (b) above shall be in lieu of all other disability allowances, dirt money, etc., prescribed in this Award except "working in the rain" and "working in water to a depth exceeding 750 mm".

(2) Footwear allowance – Employees whilst working on the face of a quarry shall be paid a footwear allowance at the rate of 32c per week.

(3) Parks Branch – Employees other than those covered by provisions (a) and (b) of subclause (1) when directed to use herbicides and insecticides shall be paid an allowance of 16.85 cents per hour whilst so engaged with a minimum payment of one (1) hour.

(4) Use of poison sprays – When working gangers are in charge of employees using poison sprays in destruction of weeds and are actually using such poison sprays, they shall be paid $1.10 per week in addition to the prescribed rates.

3.8 Entomological and Rodent Control Sections – Pesticide Allowance

(1) Employees who are engaged in handling and using pesticides and required to be licensed under the Pest Control Operators Division of the Workplace Health and Safety Act 1989 shall be paid an allowance at the rate of $13.90 per week which shall be treated as part of the ordinary weekly wage for the purposes of this Award.

(2) After a period of six months' experience the employees mentioned in subclause (1) of this clause shall be paid a total allowance of $15.10 per week which shall be treated as part of the ordinary weekly wage for the purposes of this Award:

Provided that the allowances prescribed in (1) and (2) above shall be in lieu of all other disability allowances, dirt money etc., prescribed in this Award except "working in the rain" and "working in water" to a depth exceeding 750 mm as contained in clause 6.8 (Wet Conditions) of this Award.

3.9 Excess Travelling Time and Fares Etc. – Allowances

(1) In any case where an employee, other than an employee of a Departmental Construction Sub-Unit of Administration, is required to travel by their own means to a worksite (as defined hereunder) in their own time a travelling allowance shall be paid to such employee of one half hour per day calculated at the rate prescribed for Construction, Maintenance and General Worker, Grade Two as varied from time to time.

(2) In any case where an employee of a Departmental Construction Sub-Unit of Administration is required to travel by their own means to a worksite in their own time, a travelling allowance shall be paid to such employee in accordance with the following scale:–

(a) Within a radius up to and including 4.8 kilometres from the General Post Office, Brisbane – 15 minutes per day;

(b) Within a radius over 4 kilometres up to and including 8 kilometres from the General Post Office, Brisbane – one half hour per day;

(c) Within a radius over 8 kilometres up to and including 16 kilometres from the General Post Office, Brisbane – one hour per day and all fares shall be paid by the Council;

(d) In excess of a 16 kilometres radius from the General Post Office, Brisbane – two hours per day and 22 transportation provided free of cost by the Council.

(3) In any case where an employee is directed by the employer to use their own vehicle to travel to or from a worksite to commence duty, the employee shall be paid 20c per kilometre for the actual distance to the worksite measured from the General Post Office, Brisbane.

(4) In any case where an employee is directed by the employer to use their own vehicle to travel during ordinary working hours from worksite to worksite, they shall be paid 20c per kilometre for the actual distance necessarily travelled.

‘Worksite’ – For the purpose of this Clause shall mean any worksite of a temporary nature that does not afford the usually accepted standard of permanent facilities and amenities.

PART 4 – HOURS OF WORK, OVERTIME

4.1 Hours of Work

(1) Subject to the exceptions hereinafter provided, the ordinary hours of work shall be an average of 38 per week, to be worked on one of the following bases:–

(a) 38 hours within a work cycle not exceeding seven consecutive days; or

(b) 76 hours within a work cycle not exceeding fourteen consecutive days; or

(c) 114 hours within a work cycle not exceeding twenty-one consecutive days; or

(d) 152 hours within a work cycle not exceeding twenty-eight consecutive days.

(2) The ordinary hours of work prescribed may be worked on any five days in the week, Monday to Sunday inclusive, subject to the following:–

(a) Ordinary hours worked on a Saturday shall be paid at the appropriate week-end penalty rate specified in clause 4.2 (Overtime) of this Award;

(b) Any arrangement of hours which includes a Saturday or Sunday as ordinary hours shall be subject to agreement between the employer and the majority of employees concerned.

(3) The ordinary hours of work prescribed herein shall be worked continuously, except for meal breaks and rest pauses, between 6.00 a.m. and 6.00 p.m. The spread of hours prescribed herein may be altered as to all or a section of employees provided there is agreement between the employer and the majority of employees concerned:

Provided further that work done outside the hours of 6.00 a.m. to 6.00 p.m. shall be paid at overtime rate and will be deemed to be part of the ordinary hours of work for the purposes of this clause.

(4) The ordinary starting and finishing times of various groups of employees or individual employees, may be staggered, provided that there is agreement between the employer and the majority of employees concerned.

(5) Provided that by agreement between the Union and the Brisbane City Council the ordinary hours may be worked over a fortnightly period of 9 consecutive working days and not more than 8 hours 27 minutes shall be worked on any such day at ordinary rates.

(6) The ordinary hours of work prescribed herein shall not exceed 10 hours on any day:

Provided that where the ordinary working hours are to exceed 8 on any day, the arrangement of hours shall be subject to the agreement of the employer and the majority of the employees concerned: 23

Provided further that by arrangement between an employer, the union or unions concerned and the majority of employees in the work section or sections concerned, ordinary hours not exceeding twelve on any day may be worked subject to:–

(a) the employer and the employees concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on twelve hour shifts;

(b) proper health monitoring procedures being introduced;

(c) suitable roster arrangement being made; and

(d) proper supervision being provided.

4.2 Overtime

(1) The provisions of this clause shall not apply to Poundkeepers, Stockpersons and Impounders.

(2) Excepting as otherwise provided herein, all time worked outside or in excess of the ordinary working hours during each day, except Sundays and holidays, shall be paid for at the rate of time and a-half for the first three hours and at the rate of double time thereafter:

Provided that if employees are called upon to work overtime commencing after midnight on Friday but before 6.00 a.m. Saturday or are requested to continue to work overtime after midnight on Friday they shall be paid at the rate of double time for all such work performed until midnight Saturday.

(3) Where work commences at 6.00 a.m. or later on a Saturday, such work shall be paid for at the rate of time and a-half for the first three hours and at double time thereafter, with a minimum of three hours' work or payment thereof:

Provided that where more than one shift per day is worked all overtime shall be paid for at double rates. All overtime worked by shift workers shall be paid for at the rate of double time.

(4) Except in the case of watchpersons and employees on ferries, all work done on Sundays shall be deemed overtime, and shall be paid for at the rate of double time with a minimum of two hours, work or pay therefor.

(5) In the case of watchpersons, all time worked in excess of the ordinary weekly working hours prescribed in this Award shall be deemed overtime and paid for at the rate of time and a-half.

(6) Where an employee is called out after he/she has completed his/her shift or actually left the job, he/she shall be paid from the time he/she starts to return to the job until he/she gets back to his/her home, with a minimum of two hours' pay at the appropriate rate, and where transport is not provided, fares shall be paid.

(7) Employees called out to work overtime from midnight, or required to work overtime after midnight, shall be paid double time for such overtime.

Time and a-half shall be paid when employees commence work between 6.00 a.m. and the usual starting time.

Nothing contained in this subclause shall be deemed to abrogate any provision contained in subclauses (2), (3), (4) and (5) above.

(8) Employees who are called upon outside ordinary working hours to operate valves on the booster pumping units at Mount Crosby shall be paid a minimum of two hours at current rates for such work.

(9) Employees recalled to work on sewer maintenance shall be entitled to payment for such work from the time of leaving home to commence the work until they return home from such work, but they must return home within a reasonable time and payment shall be calculated accordingly, but such payment shall not be less than three hours' wages at ordinary rates. A period of one half hour shall also be allowed as washing time after the minimum payment has been reached.

(10) Any employee who is required to continue working for more than one hour after the ordinary ceasing time shall be allowed thirty minutes for crib after the first hour worked, also forty-five minutes after each further four 24 hours worked for which no deduction of pay shall be made.

(11) An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not at least ten consecutive hours off duty between those times shall, subject to this subclause be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of his/her employer such an employee resumes or continues work without having had such ten consecutive hours off duty, he/she shall be paid double rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence:

Provided that, where an employee is recalled to work after the ordinary ceasing time, overtime worked in such circumstances shall not be regarded as overtime for the purposes of this subclause where the actual time worked is less than two hours on such recall or on each of such recalls.

The provisions of this clause shall apply in the case of shift workers who rotate from one shift to another as if eight hours were substituted for ten hours when overtime is worked –

(a) For the purpose of changing shift rosters; or

(b) Where a shift worker does not report for duty; or

(c) Where a shift is worked by arrangement between the employees themselves.

(12) Employees of the Brisbane City Council – Working on Agreed Day Off – Employees of the Brisbane City Council working a fortnightly period of 9 working days, who are required to work on their agreed day off, shall be paid the overtime rates prescribed for work on Mondays to Fridays in this Award.

(13) All work done by drivers of sanitary carts between 10.00 a.m. on Saturday and 10.00 p.m. on Sunday shall be paid for at double rates, but work done by such employees between 10.00 p.m. and midnight on Sundays shall be paid for at ordinary rates.

4.3 Meal Break/Meal Provision

(1) One hour, between the hours of 12.00 noon and 2.00 p.m., shall be allowed for the midday meal:

Provided that, by mutual arrangement the parties to this Award may agree that the time allowed for the midday meal be reduced to not less than one-half hour.

(2) Where an employee is required to work any portion of the recognised meal hour he/she shall be paid at double time for all time so worked.

(3) When a recognised meal time, or portion of a recognised meal time is worked, there shall be a break of not less than thirty minutes for a meal immediately thereafter and no deduction for the time so occupied outside the ordinary meal time shall be made.

(4) When employees are kept working for more than one hour after their usual time for ceasing work the employer shall provide a meal or allow $7.50 in lieu thereof and for every additional four hours a further meal shall be provided or an additional $7.50.

4.4 Rest Pauses

Every employee covered by this Award shall be entitled to a rest pause of 10 minutes duration in the employer's time in the first and second half of the employees daily work. Such rest pauses shall be taken at such times as will not interfere with continuity of work where continuity is necessary. 25

4.5 Shift Work

(1)(a) The ordinary working hours of continuous shift workers and shift workers whose work is connected with or incidental to any continuous process shall average 38 hours per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days:

Provided that, where the employer, the Union and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 hours is achieved over a period which exceeds 28 consecutive days. Subject to the following conditions, such shift workers shall work at such times as the employer may require.

For the purposes of this clause –

"Day Shift" shall commence at or after 6.00 a.m. and before 12.00 noon;

"Afternoon Shift" shall commence at or after 12.00 noon and before 6.00 p.m.;

"Night Shift" shall commence at or after 6.00 p.m. and before 6.00 a.m.

(b) A shift shall consist of not more than ten hours inclusive of crib time:

Provided that:

(i) in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the work section or sections concerned; and

(ii) by agreement between an employer, the union or unions concerned and the majority of employees in the plant, work section or sections concerned, ordinary hours not exceeding twelve on any day may be worked subject to:

(A) the employer and the employees concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on twelve hour shifts;

(B) proper health and monitoring procedures being introduced;

(C) suitable roster arrangements being made; and

(D) proper supervision being provided.

(iii) Except at the regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours.

(2) This clause shall apply to shift workers not upon continuous work as herein before defined. The ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases:

(a) 38 hours within a period not exceeding seven consecutive days or

(b) 76 hours within a period not exceeding fourteen consecutive days; or

(c) 114 hours within a period not exceeding twenty-one consecutive days; or

(d) 152 hours within a period not exceeding twenty-eight consecutive days;

(e) The ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer. An employee shall not be required to work for more than five hours without a break for a meal. Except at regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours: 26

Provided that –

(i) the ordinary hours of work prescribed herein shall not exceed ten hours on any day;

(ii) in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the work section or sections concerned; and

(iii) by agreement between an employer, the union or unions concerned and the majority of employees in the work section or sections concerned, ordinary hours not exceeding twelve on any day may be worked subject to:

(A) the employer and the employees concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on twelve hour shifts;

(B) proper health and monitoring procedures being introduced;

(C) suitable roster arrangements being made;

(D) proper supervision being provided.

(3)(a) Shift Allowances – In addition to the rates prescribed by this Award, a 15% penalty shall be paid for afternoon and night shifts worked. However, no afternoon or night shift shall be recognised as such unless the employee works for more than five successive working afternoons or nights:

Provided that the employee does not absent himself from work voluntarily.

(b) This additional shift allowance shall not apply to shift work performed on a Saturday or Sunday. All ordinary time worked by shift workers between midnight Friday and midnight Saturday shall be paid for at the rate of time and a-half for the first three hours and double time thereafter and between midnight Saturday and midnight Sunday shall be paid for at the rate of double time.

(c) When such roster fixes 11.00 p.m. on Sunday as the starting time of the night shift, work done between 11.00 p.m. and midnight on Sunday shall not be regarded as overtime, but shall be paid for in accordance with paragraph (a) hereof.

4.6 Part-time, Casual, Temporary Employment

(1) Part-Time Employment – (a) Part-time employee shall mean employees employed to work a fixed number of hours per week and whose hours of work are less than those of full-time employees.

(b) A fixed number of weekly working hours and a weekly schedule of working hours for a part-time employee shall be established at engagement and shall not be changed without reasonable notice given.

(c) Ordinary daily working hours for part-time employees shall not exceed 8 hours 27 minutes to be worked between 6.00 a.m. and 6.00 p.m. Monday to Friday.

(d) Subject to (c) above part-time employees may work any number of days of the week in completing the fixed number of weekly hours.

(e) There shall be no requirement to work on consecutive days of the week in completing the fixed number of weekly hours.

(f) A part-time employee shall be paid at a rate equivalent to the proportion of the actual hours worked per week to the full-time ordinary weekly working hours prescribed for the appropriate classification. 27

(g) A part-time employee shall be entitled to Annual Leave, Long Service Leave, Sick Leave and all such other entitlements as may be applicable; provided that any accumulated benefits shall accrue from time to time in the same proportion of the actual hours worked per week to the full-time ordinary weekly working hours prescribed for the appropriate classification, as at the date of such an accrual.

(2) Casual Employment – (a) A casual employee shall be deemed to be an employee specifically engaged on a casual basis. A casual employee may be engaged where required by the Council.

(b) Employees engaged as casual employees shall not change employment status, notwithstanding changes to working patterns, unless formally advised of a change of employment status.

(c) Casual employees shall be engaged on an hourly basis and shall be subject to termination at any time without notice.

(d) Casual employees shall be paid for actual time worked plus 19% loading per hour over the ordinary rate in lieu of all leave conditions.

(e) The ordinary rates shall be computed by dividing the weekly rate by the number of ordinary working hours prescribed.

(f) Casual employees shall work a minimum of 3 hours at the time of any one engagement.

(3) Temporary Employment – (a) "Temporary Wages Employees" shall mean employees engaged for a set term to perform special projects or for a period not exceeding 12 months in total to take up work occasioned by permanent employees being absent on approved extended periods of leave e.g. sick leave, long service leave, workers' compensation, maternity leave etc.

(b) Temporary employees may be used where the security and tenure of employment of additional staff required to meet peak work loads cannot be guaranteed.

(c) Temporary wages employees shall be notified in writing at the time of engagement of the approximate period of employment. In order to extend this engagement by a further approximate period or periods, appropriate written notification must be given to the employee on each occasion clearly specifying the terms of such extension.

(d) The employment of temporary employees will not be used to avoid increasing staff requirements to meet developing work demands of a permanent and continuous nature.

(e) Temporary employees shall be entitled to all award conditions and shall be paid rates prescribed by this award for permanent employees of the same class.

4.7 Calculation of Monetary Amounts

Notwithstanding anything to the contrary in this Award the following shall apply in calculating the entitlements of employees of the Brisbane City Council in respect of any monetary amounts prescribed in this Award:–

– Any monetary amount specified as applying on a per hour basis shall be multiplied by the fraction 40/38. If expressed on a daily basis shall be multiplied by the fraction 10/9.

– Any monetary amount specified as applying on a rate per week basis shall be divided by 38 where it is necessary to determine an hourly rate in order to calculate an entitlement in respect to as part of a week. 28

PART 5 – STATUTORY HOLIDAYS, LEAVE

5.1 Annual Leave

(1) Every employee (other than a casual/part-time employee) covered by this Award shall at the end of each year of his/her employment be entitled to an annual holiday on full pay as follows:–

(a) In the case of turncocks, reservoir caretakers and assistant reservoir caretakers, Enoggera, who have telephones installed in their homes by the Council and are required to stand by at all hours, shall be entitled to five weeks' holiday.

(b) Not less than five weeks if employed on shift work where three shifts per day are worked over a period of seven days per week;

(c) Not less than four weeks in any other case.

For the purpose of this provision "year of employment" shall mean and include any year of employment completed on or after 3rd December, 1973.

Such annual holiday shall be exclusive of any statutory holiday which may occur during the period of that annual holiday and, subject to subclause (2) of this clause shall be paid for by the employer in advance –

In the case of any and every employee in receipt immediately prior to that holiday of ordinary pay at a rate in excess of the ordinary rate payable under this Award at that excess rate; and

In every other case, at the ordinary rate payable to the employee concerned immediately prior to that holiday under this Award.

If the employment of any employee is terminated at the expiration of a full year of employment, the employer shall be deemed to have given the holiday to the employee from the date of the termination of the employment and shall forthwith pay to the employee in addition to all other amounts due to him, his pay, calculated in accordance with subclause (2) hereof, for four or five weeks as the case may be and also his ordinary pay for any statutory holiday occurring during such period of four or five weeks.

If the employment of any employee is terminated before the expiration of a full year of employment, such employee shall be paid, in addition to all other amounts due to him/her, an amount equal to one-ninth of his/her pay for the period of his employment if he/she is an employee to whom provision (a) or (b) above applies, and one-twelfth of his/her pay for the period of his/her employment if he/she is an employee to whom provision (c) above applies, calculated in accordance with subclause (2) hereof.

(2) Calculation of Annual Holiday Pay – In respect to Annual Holiday entitlements to which this clause applies, annual holiday pay (including any proportionate payments) shall be calculated as follows:–

(a) Shift Workers – Subject to provision (b) hereof the rate of wage to be paid to a shift worker shall be the rate payable for work in ordinary time according to the employee's roster or projected roster, including Saturday, Sunday or holiday shifts.

(b) All Employees – Subject to the conditions of provision (c) hereof, in no case shall the payment by an employer to an employee be less than the sum of the following amounts:–

(i) The employees' ordinary wage rate as prescribed by the Award for the period of the Annual Holiday (excluding shift premiums and week-end penalty rates);

(ii) A further amount calculated at the rate of seventeen and one-half per centum of the amounts referred to in paragraph (i). 29

(c) The conditions of provision (b) hereof shall not apply to the following:–

(i) Any period or periods of Annual Holidays exceeding –

(A) five weeks in the case of employees employed in a calling where three shifts per day are worked over a period of seven days per week; or

(B) four weeks in any other case.

(ii) Employers (and their employees) who are already paying (or receiving) an annual holiday bonus, loading or other annual holiday payment which is not less favourable to employees.

(3) If a statutory holiday falls on a day on which a shift worker is rostered off, he/she shall have a day's holiday in lieu added to his/her annual leave.

(4) Night gangers or turncocks on "stand-by" shall have one day added to their annual leave for every statutory holiday on which they are obliged to "stand-by".

(5) Where shifts are worked as provided in subclause (4) above, employees shall be paid for the full holiday whether they have worked only half a shift or the full shift.

(6) Where a statutory holiday falls on a Monday, the turncock off duty on the week-end and on such Monday shall not return to duty until the usual commencing time on the Monday night.

(7) Except in the case of termination of employment, it shall not be lawful for the employer to give or for any employee to receive payment in lieu of annual leave.

(8) Annual leave shall be given in addition to any notice for termination of service.

(9) Calculation of such entitlements to annual leave of employees shall be in hours as agreed between the Union and the Brisbane City Council.

(10) Employees engaged under artificial conditions, such as airlocks shall be paid when on annual holidays, or sick leave the rate prescribed under natural conditions for their respective callings.

(11) The employer may arrange for the annual leave to be taken during the Christmas period.

(12) Unless the employee shall otherwise agree the employer shall give the employee at least fourteen days' notice of the date from which his annual leave shall be taken.

(13) Poundkeepers, Stockpersons and Impounders shall receive an additional one week's annual leave on full pay, which shall be regarded as compensation for the unusual conditions of employment attending to the operations relating to Council Pounds.

5.2 Statutory Holidays

(1) All work done by any employee on Good Friday, Christmas Day, the twenty-fifth day of April (Anzac Day), the first day of January, the twenty- sixth day of January, Easter Saturday (the day after Good Friday), Easter Monday, the Birthday of the Sovereign, Exhibition Day and Boxing Day, or any day appointed under the Holidays Act 1983, to be kept in place of any such holiday, shall be paid for at the rate of double time and a-half with a minimum of four hours.

(2) All employees covered by this Award shall be entitled to be paid a full day's wage for Labour Day (the first Monday in May, or other day appointed under the Holidays Act 1983, to be kept in place of that holiday) irrespective of the fact that no work may be performed on such day, and if any employee concerned actually works on Labour Day, such employee shall be paid a full day's wage for that day and in addition a payment for the time actually worked by him at one and a-half times the ordinary rate prescribed for such work with a minimum of four hours. 30

(3) For the purposes of this provision, where the rate of wages is a weekly rate, "double time and a-half" shall mean one and one half day's wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day.

(4) All time worked on any of the aforesaid holidays outside the ordinary starting and ceasing times prescribed by this Award for the day of the week on which such holiday falls shall be paid for at double the rate prescribed by the Award for such time when worked outside the ordinary starting and ceasing times on an ordinary working day.

(5) If a statutory holiday falls on a day on which a continuous worker or shift worker is rostered off, he/she shall have an extra day added to his/her annual leave.

5.3 Parental Leave

The provisions of the Parental Leave Award – State dated 25 October 1991, and published in the Queensland Government Industrial Gazette on 18 January 1992, Volume 139, Folios 179 to 184, apply to and are deemed to from part of this Award.

It is to be noted that:–

(1) part-time work can be performed by agreement in the circumstances specified in the Parental Leave Award – State;

(2) a copy of the Parental Leave Award – State is required to be displayed in accordance with section 373 of the Industrial Relations Act 1990.

PART 6 – MISCELLANEOUS PROVISIONS

6.1 No Extra Claims

It is a term of this Award arising from the decision of the State Industrial Relations Commission and the State Wage Case of July, 1991 that the Unions undertake, for the duration of the Principles determined by that decision, not to pursue any extra claims, award or overaward, except when consistent with those Principles.

6.2 Enterprise Agreements

(1) As part of the Structural Efficiency exercise and as an ongoing process, improvements in productivity and efficiency discussion should take place at an enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the restructuring process and to encourage consultative mechanisms across the workplace to all employees in an enterprise and consideration of a single bargaining unit in all multi-union or multi-award workplaces.

(2) The consultative processes established in an enterprise in terms of this award may provide an appropriate mechanism for consideration of matters relevant to this clause. Industrial organisation delegates at the place of work may be involved in such discussions.

(3) Any proposed genuine agreement reached between an employer and employee(s) in any enterprise is contingent upon:–

(a) a majority of employees affected genuinely agreeing to the changes;

(b) the agreement being consistent with the current State Wage Case principles;

(c) the relevant industrial organisation or industrial organisations (of employees or employers) being invited to participate in any discussions which involve alterations to award conditions, (and may be a party to any resultant agreement);

(d) changes sought in such agreements not affecting award provisions reflecting currently established standards of the Commission;

(e) parties to such agreements acknowledging that the Commission does not intend that any employee 31

should lose any existing entitlement to earnings, award or overaward, for working ordinary hours of work as a result of any award changes made as part of the implementation of the Structural Efficiency Principle.

(4) The relevant industrial organisations (of employees or employers) shall not unreasonably withhold consent to an agreement reached between the parties.

(5) As the enterprise agreement purports to alter award conditions:–

(a) it is to be the subject of an application to the Commission for approval and is to have no force or effect until approval is given;

(b) the relevant industrial organisations of employees (and where appropriate of employers) are to be advised of such an application, its contents and the date of hearing.

(6)(a) Upon approval being given by the Commission the agreement shall be inserted as an award provision (as a schedule or otherwise) and take precedence over any provisions of relevant and named Awards to the extent of any inconsistency therewith.

(b) Thereafter the agreement will have the effect of an award and is to be posted and displayed as required.

(c) If the agreement is not approved it shall have no force or effect but may be remitted to the parties for further consideration.

6.3 Workplace Consultation

The Council has established a consultative mechanism to facilitate improved workplace communication between Council and its employees to ensure effective workplace employee relations. A corporate and departmental consultative committee structure has been established to facilitate these processes.

6.4 Second Tier Agreements

Second tier agreements as registered (No. A25 of 1988) affecting BCC employees shall continue in force and not be affected by the making of this Award.

6.5 Training Arrangements and Career Path Development

(1) The parties agree that the award structure and processes creates a more genuine career path for employees which allows advancement based on relevant accreditation, access to training, and the business needs of the organisation. Accordingly, the parties commit themselves to:–

(a) developing a more highly skilled and flexible workforce;

(b) providing employees with career opportunities through appropriate training to acquire additional skills; and

(c) removing demarcation and discriminatory barriers.

(2) The Corporate Training Advisory Body (CTAB) and Branch Training Advisory Bodies (BTAB's) will advise and assist in the development of training programmes consistent with:–

(a) business needs, as reflected in the size, structure, and nature of Council operations;

(b) the current and future skill needs of the Council; and

(c) the need to develop vocational skills relevant to the Brisbane City Council through on-the-job competency development and courses conducted internally by accredited providers or through external providers such as TAFE. (3) Training Programs – Any work subject to the coverage of this Award may be performed by employees engaged in accordance with the terms of nominated Federal or State Government employment/training programs. For the purposes of this clause, nominated employment/training programs and the terms and conditions applicable to employees engaged under such programs are as follows:– 32 33

(a) Australian Traineeship System

(i) Application and Objectives –

(A) The Australian Traineeship System is a system of vocational preparation intended to provide training which is work based and focused on developing practical competence. As such, trainees shall be exempt from action with respect to industrial disputes, and the terms of the training contract shall be observed by both parties.

(B) Trainees are employees 16 to 18 years old (with 15 and 19 years olds eligible to participate under special circumstances in accordance with the criteria determined by the Department of Employment, Vocational Education, Training and Industrial Relations) and who are bound by a training agreement registered with the Department of Employment, Vocational Education, Training and Industrial Relations.

(ii) Training Conditions –

(A) The Council shall, as part of the on-the-job training, ensure that trainees are given adequate supervision including nominating at least one full-time officer as supervisor for trainees.

(B) The wages and conditions of employment of the trainees shall be in accordance with Section 3 "Conditions of Employment", which may be varied by further written agreement between the parties at any time during the training period of any trainee covered by this Award.

(C) The Council shall advise the industrial organisation in writing of the names of all trainees within two weeks of the traineeship commencing.

(D) Wherever possible traineeship positions shall be additional to local authority staff numbers.

(E) Existing full-time employees shall not be displaced from employment by trainees.

(iii) Conditions of Employment –

(A) Unless otherwise prescribed, the conditions of employment of trainees shall be as prescribed by this Award.

(B) The weekly wage rate payable to a trainee shall not be less than $95.55 or such higher amount which from time to time is determined.

In no case shall the wage rate be less than the minimum rate prescribed by the Australian Traineeship System Guidelines. This rate is adjusted in accordance with National Wage Case Decisions:

Provided further that the Department of Employment, Vocational Education, Training and Industrial Relations shall notify the Industrial Registrar of variations to this amount.

(C) Notwithstanding the aforegoing, for the purpose of achieving stability of income for the trainee over the traineeship period, the wage rate for the trainee shall be calculated on the following basis:–

16 years and under 17 years of age – 55% multiplied by Y multiplied by 39/52. 17 years and under 18 years of age – 60% multiplied by Y multiplied by 39/52. 18 years and under 19 years of age – 75% multiplied by Y multiplied by 39/52. 19 years of age – 80% multiplied by Y multiplied by 39/52.

Y = the rate for the Grade 1 (first six months) classification set out in clause 3.2 (Wages) of this Award.

The percentage commensurate with the trainees age shall be based on the rate for the Grade 1 first six months classification, set out in clause 3.2 (Wages) of this Award. 34

(D) The appropriate disability rate reflected in the Award shall be paid for time actually spent on such work.

(E) The provisions of the relevant Workers' Compensation and Workplace Health and Safety legislation shall apply to trainees.

(iv) Overtime and Shift Work – Where overtime or shift work is worked, the normal Award allowances and penalty rates for such work shall apply.

(v) Positions Vacant – Upon completion of the traineeship, trainees may apply for any vacant full-time position within the Council.

(vi) Long Service Leave – For the purposes of Division 3 of the Industrial Relations Act 1990 and the Long Service Leave provisions of the Award where the trainee has been appointed, by the Council, to a permanent position within three months of the termination of the traineeship, the period of the traineeship shall be counted as service with that Council.

(vii) Sick Leave – Trainees shall be entitled to sick leave in accordance with the sick leave provisions of this Award.

(viii) Annual Leave – Trainees shall be entitled to annual leave in accordance with the annual leave provisions of this Award.

(ix) Other Conditions – Except where varied by this Award all other conditions of the Award including the preference clause shall apply to Trainees.

(b) Jobskills Trainee Program

(i) Definition – A Jobskills trainee is an employee who is employed under the conditions applying in the Commonwealth Government Jobskills program guidelines.

(ii) Jobskills Trainee –

(A) Training Conditions –

(I) A Jobskills trainee shall attend approved on and off-the-job training prescribed in the relevant training agreement, or as notified to the Jobskills trainee by the employer or agent.

(II) Jobskills trainees will receive over a period of up to 26 weeks a mix of supervised work experience, structured training on-the-job and off-the-job and the opportunity to develop and practice new skills in a work environment.

(III) Jobskills trainees may only be engaged by employers to undertake activities under the Jobskills program guidelines. The employer shall ensure that the Jobskills trainee is permitted to attend the prescribed off-the-job training and is provided with appropriate on-the-job training.

(IV) The employer shall provide an appropriate level of supervision in accordance with the approved training plan. 35

(B) Employment Conditions –

(I) Jobskills trainees shall be engaged in addition to existing staff levels. Positions normally held by permanent employees shall not be filled by Jobskills trainees.

(II) Jobskills trainees shall be engaged for a period of up to 26 weeks as a full-time employee.

(III) Jobskills trainees are permitted to be absent from work without loss of continuity of employment to attend the off-the-job training in accordance with the training plan. However, except for absences provided for under the relevant award, failure to attend for work or training without an acceptable cause will result in loss of pay for the period of absences.

(IV) Overtime and shift work shall not be worked by Jobskills trainees except to enable the requirements of the training plan to be effected. When overtime and shift work are worked the relevant penalties and allowances of the applicable award, based on the trainee wage, will apply. No Jobskills trainee shall work overtime or shift work on their own.

(V) The industrial organisation shall be afforded reasonable access to Jobskills trainees for the purposes of explaining the role and functions of the industrial organisation and enrolment of the trainee as a member.

(C) Wages – The weekly wages payable to Jobskills trainees shall be $300. It is the rate for all purposes of this Award and takes account of the range and extent of training provided.

(c) Career Start Traineeship Program

(i) Objectives –

(A) The Career Start Traineeship Scheme provides for the possibility of greater amounts of structured training time, longer periods of traineeship, through an enhances Australian traineeship System and provides a bridge to the new Australian Vocational Certificate Training System.

(B) The Award is to provide for the terms and conditions of employment, including the rates of pay, applicable to persons employed under the Career Start Traineeship Scheme.

(C) These arrangements are to provide vocational training consistent with the needs of industry and general skills appropriate to the workforce, and to enhance the skill levels and future employment prospects of Career Start Trainees. This is to be achieved through various vocational education and training pathways including a combination of work, education and structured training.

(D) To provide vocational education and training pathways that maximise credit transfer and articulation with higher level training opportunities.

(E) It is the intention of the parties to encourage development of pilot projects and the implementation of the Australian Vocational Certificate Training System where the training system will be increasingly:–

(I) based on national competency standards endorsed by the National Training Board;

(II) incorporating key competency training for early school leavers.

(III) articulated and accredited and resulting in nationally recognised credentials; and

(IV) including pay rates based on competency rather than age, negotiated by the industrial parties.

(F) The Career Start Traineeship Scheme is to provide additional employment and training 36

opportunities for young people. Accordingly, these opportunities shall be provided to the fullest extent possible. Existing employees shall not be displaced from employment by Career Start Trainees.

(ii) Definitions –

(A) A "Training Agreement" means an agreement for a Career Start Traineeship that is approved by the State Training Council under the provisions of the Vocational Education, Training and Employment Act 1991.

(B) "Career Start Trainee" means an employee employed under the Career Start Traineeship System who is bound in a training agreement approved by the State Training Council and registered as a Career Start Trainee pursuant to the provisions of the Vocational Education, Training and Employment Act 1991.

(C) The "Career Start Traineeship" is a system of training comprising structured training approved by the State Training Council with an employer and it will include training in a Technical and Further Education College or other training provider also approved by the State Training Council.

(D) "Structured Training" shall mean formal instruction and closely supervised practice directly related to that instruction that is undertaken award from the job, as part of a training agreement.

(E) "State Training Council" shall mean the State Training Council as defined under the Vocational Education, Training and Employment Act 1991.

(iii) Training Conditions –

(A) A Career Start Trainee shall attend an approved structured training course or program prescribed in the relevant training agreement or as notified to the trainee by the State Training Council.

(B) Career Start Trainees may be employed by employers approved by the State Training Council. The employer shall ensure that the Career Start Trainee is permitted to attend the prescribed off-the-job training course and is provided with on-the-job training approved by the State Training Council.

(C) The employer shall at all times provide a reasonable level of supervision of the Career Start Trainee by suitably qualified staff to ensure the objectives of the approved training plan are achieved.

(D) The employer agrees that the overall training program will be monitored by officers of the State Training Council and that training records or work books may be utilised as part of this monitoring process.

(iv) Employment Conditions –

(A) Duration of Traineeship – A Career Start Trainee shall be employed as a full-time employee, for a traineeship of a minimum period of one year, provided that the Career Start Trainee shall be subject to a satisfactory probation period of up to one month. The Career Start Traineeship shall be:–

(I) for Career Start Trainees with a Year 10 or lesser general education achievement, up to two years' duration.

(II) for Career Start Trainees who have completed Year 11 studies, up to 18 months' duration; or

(III) for Career Start Trainees who have completed Year 12 studies, of one year's duration.

(B) Time to be spent in Structured Training – 37

(I) A Career Start Trainee with Year 10 or lesser level of general education achievement shall spend the amount of time in structured training specified in the registered training agreement. This shall be:–

(a) during the first year, on average, up to 50 per cent of ordinary working hours each week;

(b) where the traineeship extends beyond the first year, on average, up to 35 per cent of ordinary working hours each week during this period.

(II) A Career Start Trainee who has completed Year 11 studies shall spend the amount of time in structured training specified in the registered training agreement. This shall be:–

(a) during the first year, on average, up to 35 per cent of ordinary working hours each week;

(b) where the traineeship extends beyond the first year, on average, up to 25 per cent of ordinary working hours each week during this period.

(III) A Career Start Trainee who has completed Year 12 shall spend the amount of time in structured training specified in the registered training agreement. This shall be, on average, up to 25 per cent of ordinary working hours each week.

(C) Structured Training is an approved absence – The Career Start Trainee is permitted to be absent from work without loss of continuity of employment to attend the structured training gin accordance with the Training Agreement.

(D) Continuity of Service – Where the employment of a Career Start Trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of the award or industrial agreement and long service leave/entitlements.

(E) Variation to Training Agreement –

(I) Notwithstanding the foregoing the employer or employer organisation that are parties to the award or industrial agreement and the relevant industrial organisation(s) may, by agreement in writing and with the consent of the State Training Council, vary the duration of the traineeship and the extent of structured training.

(II) The Training Agreement may vary the circumstances under which the Career Start Trainee may work overtime and shift work in order to ensure the training program is successfully completed. When overtime and shift work are worked the relevant penalties and allowances of the award or industrial agreement based on the trainee wage will apply. No Career Start Trainee shall work overtime or shift work on their own or where it is inconsistent with the provision so the award or industrial agreement.

(F) General Conditions –

(I) All other terms and conditions of the award or industrial agreement in the schedule which would, but for this Award, be applicable to the Career Start Trainee shall apply unless specifically varied by this Award.

(II) The relevant industrial organisation shall be afforded reasonable access to Career Start Trainees for the purposes of explaining the role and functions of the industrial organisation as set out in the Industrial Relations Act 1990. 38

(G) Wages –

(I) The weekly wages payable to Career Start Trainees shall be calculated by multiplying the hourly rate by the number of weekly ordinary hours less the average weekly time specified in the registered training agreement to be spent in structured training.

(II) The hourly rate applicable to career start trainees shall be calculated as follows:–

16 years and under 17 years of age – 55% multiplied by Y 17 years and under 18 years of age – 60% multiplied by Y 18 years and under 19 years of age – 75% multiplied by Y 19 years of age – 80% multiplied by Y

Y = the rate for the Grade 1 (first six months) classification set out in clause 3.2 (Wages) of this Award.

(III) The weekly wage shall be the rate of pay for all purposes.

(IV) The terms of this Award operate in conjunction with a Commonwealth Government Scheme, under which, if weekly wages calculated using the method outlined above fall below $125.00 for those under 18 years old and $150.00 for those 18 years and over, the Commonwealth will provide a supplementary allowance to bring the total income of Career Start Trainees up to those levels.

In the event that the Commonwealth Government reduces these minimum income maintenance levels, the terms of this Award will be reviewed.

6.6 Method of Determining Rate of Pay for Holidays and Time Lost Through Wet Weather or Sickness

(1) When one of the holidays mentioned in clause 5.2 (Statutory Holidays) of this Award falls in an employee's pay week, the rate of pay due to such employee for such holiday shall be determined by the class of work the employee was doing on the working day before such holiday. Thus, if an employee is engaged as a labourer, and on the working day before such holiday he/she was doing work for which a rate of wages higher than a labourer's rate is prescribed, he/she shall be paid for the holiday at such higher rate.

(2) The rate of pay for an employee losing time through wet weather or sickness shall be determined on the same principle.

6.7 Uniforms and Equipment

Patrol Officers (Metered Parking) – All officers shall be issued the following Uniforms and Equipment for use in the execution of their duty and to distinguish them in their capacity as a Parking Patrol Officer.

(1) Motor Cycle Section

– 4 pairs of Navy Blue Jodhpurs.

– 5 shirts (tuck in type) long or short sleeve optional at officer's discretion.

– 2 neck ties.

– 1 leather jacket or tunic.

– 1 approved Safety Helmet.

– 1 pair of leather leggings.

– 1 set of approved wet weather gear.

– 2 shoulder badges and 1 helmet badge. 39

– Set of keys for staff room and toilet.

– 1 pair Gauntlets.

(2) Parkatarea Section

– 4 pairs of Navy Blue Trousers.

– 5 shirts (tuck in type) long or short sleeve, optional at officers' discretion.

– 2 neck ties.

– 2 tunic.

– 1 set of approved wet gear.

–1 cap } )to be used at Officer's discretion –1 Pith Helmet }

–2 shoulder badges and 1 helmet badge.

–Set of keys for staff room and toilet.

–Tape Measure.

All officers shall be paid a boot allowance of $1.60 weekly.

(3) Length of Use

– Trousers, jodhpurs, shirts and ties to be replaced annually after normal use.

– Jacket 3 years and one of the two tunics to be replaced each 3 years.

– Helmets, leggings and wet gear 3 years.

– Cap or pith helmet 1 year.

– Shoulder badges 1 year:

Provided thereof that any part of the said uniform and equipment as provided is damaged in any manner as to be unserviceable to the officer by way of accident or otherwise the said article is to be replaced immediately.

– Every new employee is to receive an issue of new uniform and equipment. No second hand equipment of any description to be supplied.

– Any officer entitled to receive replacement uniform and equipment shall be instructed to be measured for the same at least 30 days before issue is due to allow issue to be supplied by the prescribed time.

– A pocket watch shall be made available to the officer in charge (Leading Hand) of both sections in case of emergency when an officer's own personal watch or pocket watch may break down during the course of the day.

– Gauntlets annually. 40

6.8 Wet Conditions

(1) All time lost through wet weather shall be paid for, provided employees turn up at work and hold themselves in readiness. The supervising officer or officer who acts in his absence, under whose direction the employees are working, shall decide whether or not it is too wet to work:

Provided that, when employees are prevented by wet weather from following their usual avocation, unless the employees are willing to perform during such wet weather any work the employer may direct them to do they shall not be entitled to payment for such time lost.

(2) Work in the Rain – Where practicable suitable water proof clothing shall be supplied by the employer to the employees who are required to work in the rain.

Notwithstanding the foregoing, in the performance of work the employee gets their clothes wet, the employee shall be paid double time for all work performed, and such payment shall continue until the employee is able to change into dry clothing or until that person ceases work, whichever is the earlier.

(3) Employees engaged in sinking wet holes, digging wet trenches or working in man holes which are wet shall be paid $2.76 per day in addition to the rates prescribed by this Award.

A place shall be deemed to be "wet" –

(a) when water other than rain is dropping from overhead so that the clothing of persons employed there will become saturated with water; or

(b) where an employee works without protective waterproof footwear in water and/or slush underfoot to a depth exceeding 50 mm.

Provided that no place shall be considered wet where employees are not actually working or where the wetness is caused by rain or by a jet or spraying of water.

Provided further that the foregoing allowance for wet places shall not be payable in addition to the allowances prescribed in clause 3.4, (Construction, Re-construction, Alteration Repair and/or Maintenance Work Allowances) of this Award.

(4) Working in Water – Employees who are required to work in water to a depth exceeding 750 mm shall be paid 93c per hour, with a minimum payment of $2.06 in addition to the rates prescribed by this Award.

This allowance is payable in lieu of that prescribed for working in wet places.

6.9 Toxic Spills/or Radioactive Materials

(3) In any case where an employee comes into contact with toxic spills and/or radioactive materials and is directed by the employer to wear a breathing apparatus such employee shall, whilst actually so engaged, be paid an additional sum of 25% of his ordinary yearly rate in addition to the rate of pay otherwise payable to him at that time under the Award.

6.10 Reserved Matters

 Review wage structure (broadbanding).

 Kerbside Management conditions of employment including the provision of part-time work.

 Travelling Allowance to be reviewed.

 Poundkeepers, Impounders, Stockpersons – Conditions of employment.. 41

SCHEDULE 1

Present Incumbent Only (PIO) Management Process

The following process is to be used to manage the clarification of the Present Incumbent Only status of employees created through translation. P.I.O. status is the maintenance of the employees translated wage rate (Aug. ‘93) pending the evaluation of the employees Workplace Role Statement.

The removal of this status will be determined by:–

Situation

1. The Role Grade ‘equals’ the employee’s translation grade

Action:– The employee shall be confirmed at the role grade.

The employee’s P.I.O. status shall be removed.

2. The Role Grade is ‘greater’ than the employee’s translated grade

Action:– The employee shall be assessed.

The assessment criteria shall be the demonstrated ability to substantially perform the Role as indicated on the Workplace Role Statement. The assessment shall be undertaken by the local Supervisor, Department Human Resource Officer and shall be ratified by the local Section Head.

If the employee meets the assessment criteria, the employee is confirmed at the role grade and the P.I.O. status shall be removed.

If the employee does not meet the assessment criteria, the following occurs:

(a) The employee’s P.I.O status will continue until the employee reaches the skill level of the upgraded role.

(b) The P.I.O status is removed on successful completion of a negotiated upskilling plan, when the employee will be confirmed at the new role grade.

(c) If the employee does not agree to upskill, the agreed placement program will apply.

3. The Role Grade is ‘less’ than the employee’s translated grade

Action:- The employee remains on the translated grade.

The P.I.O. status is maintained.

The employee will receive all future E.B.A. and/or payment adjustments in accordance with the general rulings of the State Industrial Commission.

Reassignment options may be considered with appropriate training if and when roles are available. 42

SCHEDULE 2

Translation Guidelines

1.1 In order to assist the parties in classifying and translating employees to the new classification structure the following procedures and principles will be adhered to:–

(1) All employees will be transferred to the new classification structure without loss of pay.

(2) All existing employees attached to old classifications, as indicated in the twelve awards that are being restructured, will be translated to the new classification structure on a dollar basis. Translation of existing employees to the new structure does not assume or equate the employees skill level with the skill standard as indicated by the new pay rate, or grade.

Translation will occur on a dollar basis due to the existing awards being task related not skill based.

(3)(a) All employees will be translated to the new structure on the basis of their substantive base rate. The base weekly pay rate used for translation will exclude all disability allowances, shift allowances, overtime penalties, reimbursement payments, annual leave loadings, and relief in higher duties for sick, annual, long service, and all other emergent situations.

(b) The new pay rate employees will attract post translation equates to a weekly rate at least equal to the substantive base rate plus an amount made up of service increments (third year $25 per week), and skill based allowances the employee has attracted, on an average weekly basis over the previous twelve months.

(c) The entry grade of $365.10 per week will not to be used in the translation process as this pay point is for employees new to the organisation with little or no work experience.

(4)(a) The following listed categories of employees will be translated to the new wage structure based on the broadbanded wage rates for these categories in the Local Government Employees (Excluding the Brisbane City Council) Award – State. These Local Government rates are to be treated as minimum standards.

(i) Graded Labourers

(ii) Gangers in the Underground Labourer Traffic Signal Control area.

(iii) Water Treatment Plant Operators

(b) Graded Labourers will be translated to new wage rates on the basis of an average substantive base rate determined on the existing graded labourer rates attracted over the previous 12 months. These average base rates for individual labourers will be treated as their substantive rates for translation purposes.

(c) Ganger rates within grades determined by the number of employees supervised will be averaged for translation purposes.

(5) All existing employees will translate to a grade in the new structure and attract a P.I.O (Present Incumbent Only) status. This status represents a grading based on dollars not skills.

(6) Post translation, the Council will develop agreed workplace statements that will be graded according to the classification standards in the new wage structure. These workplace statements will detail the role and specific competencies required of employees, at branch or section level. 43

(7) All existing wages employees will be assessed against and attached to these workplace statements. Assessment will be guided by the workplace competency requirements and the current ability of the employee to meet these skill and business needs. Assessment measures will follow an agreed skill evaluation process determined by the parties.

(8) Where an employee's competence is assessed as less than the translated grade, the employee will retain P.I.O. status until the employee's skills reach the translated grade.

(9) Where an employee's competence is assessed as equal to or greater than the translated grade, the employee will have the P.I.O. status removed.

(10) The parties acknowledge that the translation process may result in more or less employees in a grade than required by business needs.

(11) Special work trials involving employees attached to temporary roles are to be translated on the basis previously outlined. The temporary role classifications and associated pay rates are not to be considered for translation purposes. The temporary roles will be classified and filled post- translation, dependent on the trial outcomes.

(12) All translation issues that occur during the trialing of the new award will be resolved directly between the Council's Principal Industrial Relations Officer and the Union.

SCHEDULE 3

B.C.C. 2nd Tier Wage Increase

Each of the undermentioned employers, so far as they are bound by this Award being a party to a Restructuring and Efficiency Agreement has satisfied the Commission that the wage increase listed herein should be applicable to its employees in the locations shown operative from the date listed. "Ordinary Time" rate of pay for a relevant classification under this Award means the rate prescribed herein for a normal working week (day/hour) exclusive of extraneous payments such as production bonuses, special overtime and penalty rates and allowances for tools, disabilities, shift-work, fares and travelling time and payment by results and any other ancillary payment of a like nature.

Increase in Location Wage Rate (Where Existing as Operative Approval Employer necessary) at 1.12.87 Date Date

Brisbane City Council– 4% 1.2.88 3.5.88

SCHEDULE 4

Owner-Drivers

(1) Owner-drivers, when on annual leave and on days not worked by mutual arrangement including sick leave, holidays as mentioned in clause 5.1 of this Award and during stoppages owing to wet weather, shall be paid at the rate applicable to a driver of that class of vehicle as contained in clause 3.2.

(2)(a) No load shall exceed the limit prescribed by or under any Queensland State Act.

(b) Where the term "carrying capacity" or "capacity" is used in this clause, they shall mean the capacity claimed by the makers or agents in the catalogues, price lists, or compliance plate.

(c) When the markers or agents catalogues, price lists or compliance plate are not available capacity shall be that registered under the Main Roads Acts and Another Act Amendment Act 1952.

(3) In the case of the owner-drivers working overtime, overtime rates shall be paid on the wage of the driver and use of the truck shall be paid in accordance with the "hire" rate set out in Schedule 4 Part A to this Award.

(4) Where owner-drivers are employed as casual employees they shall be paid a rate of 19 per cent in excess 44 of their ordinary rate as prescribed in clause 4.6(2).

(1) The ordinary wage rates of owner drivers to be paid in accordance with clauses 3.2 nd 3.3 of the Award.

PART A

Owner-Drivers Truck Hire Rates

Owner-drivers using their own motor vehicles shall in addition to the rates prescribed in clause 3.2 of this Award be paid a hire rate to compensate for the fixed and operational costs of the vehicle in accordance with the rates set out hereunder:–

TONNES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4

WEEKLY KM RATE NON- WORK RATE REDUCTION KMS RATE $ $ NON-TIP TRUCKS

Up to and including 1 t 250.79 19.3 170.93 –

TIP TRUCKS

Exceeding 1 t/up to 2 t 297.00 21.4 247.76 – Exceeding 2 t/up to 3 t 345.00 23.4 367.38 495 Exceeding 3 t/up to 4 t 393.31 25.5 474.45 718 Exceeding 4 t/up to 5 t 461.50 29.1 585.12 824 Exceeding 5 t/up to 6 t 531.50 32.9 695.79 899 Exceeding 6 t/up to 7 t 602.00 36.6 805.71 956 Exceeding 7 t/up to 8 t 669.10 40.2 915.63 1,013 Exceeding 8 t/up to 9 t 748.50 45.7 1,025.55 1,006 Exceeding 9 t/up to 10 t 827.50 51.3 1,135.47 1,000 Exceeding 10 t/up to 11 t 908.00 57.0 1,245.39 991 Exceeding 11 t/up to 12 t 986.50 62.5 1,355.31 990 Exceeding 12 t/up to 13 t 1,065.00 68.0 1,465.23 988 Exceeding 13 t/up to 14 t 1,146.57 73.7 1,575.15 981 Exceeding 14 t/up to 15 t 1,197.00 77.6 1,685.07 1,028 Exceeding 15 t/up to 16 t 1,248.00 81.6 1,794.99 1,070 Exceeding 16 t/up to 17 t 1,300.50 85.5 1,904.91 1,106 Exceeding 17 t/up to 18 t 1,353.50 89.5 2,014.83 1,138 Exceeding 18 t/up to 19 t 1,405.00 93.6 2,124.75 1,168 Exceeding 19 t/up to 20 t 1,451.00 96.4 2,234.67 1,212 Exceeding 20 t/up to 21 t 1,509.50 101.5 2,344.59 1,222 Exceeding 21 t/up to 22 t 1,560.50 105.5 2,454.51 1,247 Exceeding 22 t/up to 23 t 1,615.50 109.7 2,564.43 1,265 Exceeding 23 t/up to 24 t 1,670.50 113.9 2,674.35 1,281 Exceeding 24 t/up to 25 t 1,725.54 117.9 2,784.27 1,303

Provided that Column 1 prescribes the basic fixed and operational costs to be reimbursed for trucks. These rates include a component of 100 kilometres per week for travelling to and from the recognised starting point. This travelling allowance is in lieu of the travelling allowance payable under Clause 3.7 of this Award. 45

Owner-drivers engaged in accordance with clause 3.7 of this Award shall be paid travelling time of one half hour per day calculated at the rate prescribed for Construction, Maintenance and General Worker, Grade II as varied from time to time.

Owner-drivers engaged in accordance with clause 3.7 of this Award shall be paid the prescribed travelling time at the appropriate driver only rate prescribed in clause 3.2 of this Award.

Column 1 also includes a minimum operational cost of 400 kilometres per week which is in compensation for all operating conditions, including city traffic and short haul off-road work site situations.

Column 2 prescribes the kilometre rate for vehicles for any working distance in excess of the kilometres shown in Column 4 for each period of ordinary weekly hours. Column 4 prescribes the minimum number of working kilometres which must be performed before the excess kilometre rate as shown in Column 2 applies.

Column 3 prescribes the minimum weekly rate that shall be paid for each period of ordinary weekly hours except where such rate is less than that prescribed in Column 1.

The hire rate to be paid shall be in accordance with the payload capacity of the vehicle which is determined by subtracting the tare mass from the gross vehicle mass registered under the Main Roads Acts and Another Act Amendment Act 1952 and as indicated on the vehicle registration certificate:

Provided that no load shall exceed the limit prescribed by or under any Queensland State Act.

PART B

For any periods of more or less than the ordinary weekly hours and/or days a pro rata adjustment to the basic weekly rate as shown in Column 1 shall be made before calculating any additional kilometric payment.

The truck hire rate shall be calculated in accordance with either of the following formulae, whichever is the greater.

THR = The greater of A or B

where –

(i) A = [WR – (500 x S) H/Z] + [20 x P x S] + [S(400 x H/Z)] + [y (only if +ve, otherwise ignore)]

Where –

Y = [D – (400 x H/Z) x S]

(ii) B = NR x H/Z

(iii) where –

THR is the truck hire rate. WR is the weekly rate ($) (Column 1). S is the kilometre rate ($) (Column 2). H is the actual time worked expressed in hours or part thereof. Z is the ordinary weekly hours for a normal working week. P is the number of days on which work is performed in the period. D is the actual number of working kilometres performed during the hire period. NR is the non-reduction rate (Column 3). 46

PART C

Hydraulic Crane Hire

Owner-drivers whose vehicle is fitted with a hydraulic crane shall be paid an additional rate component on days when the vehicle is engaged to perform work which requires the use of the crane.

CRANE CAPACITY RATE PER DAY RECOMMENDED TRUCK $ SIZE

Up to 1 tonne metre 7.59 Up to 2–3 tonne

Over 1 tonne metre but less than or equal to 2 tonne metre 9.36 3–4 t to 5–6 t

Over 4 tonne metre 19.53 11–12 t and above

The hire rate component payable shall be determined by the crane capacity except where a crane is fitted which exceeds the legally recommended capacity for that vehicle. In such instances, the hire rate to be paid shall be the rate applicable to the maximum crane capacity recommended for that vehicle:

Provided that at times when the crane is not in use the vehicle weekly hire rate will be paid at the appropriate rate as specified in Part A of this Schedule calculated at the registered Gross Vehicle Mass less Vehicle Tare.

PART D

Water Tank and Pump Hire

Where at the request or direction of the employer, an owner-driver uses his own water tank or his own water tank and pump on the job, the employer shall pay the owner-driver an amount of $3.40 per hour for each hour that the owner-driver's tank or his own water tank and pump are in use on the job. The said payment shall be in addition to all other payments due to the owner- driver under the Award.

Dated this first day of November, 1993.

By the Commission, [L.S.] M.J. CALLEN, Industrial Registrar. Operative Date: 2 August 1993 Rescission and New Award – BCC Released: 15 November 1993