1
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
Workplace Relations Act 1997, s.25
SidneyAMelksham carrying on business as Fraser Island Developments,
Jaiger Pty Ltd and Oser Pty Ltd, all trading as Eurong Beach Resort
AND
The Australian Workers’ Union of Employees, Queensland and
The Merchant Service Guild of Australia, Queensland Branch, Union of Employees
(No CA710 of 1997)
EURONG BEACH RESORT CERTIFIED AGREEMENT 1997
COMMISSIONER BECHLY
24 March 1998
APPLICATION FOR CERTIFICATION OF AGREEMENT
THIS AGREEMENT, made under the Workplace Relations Act 1997, on the twenty-seventh day of October 1997 (the day the first party signed the Agreement) between SidneyAMelksham carrying on business as Fraser Island Developments, Jaiger Pty Ltd and Oser Pty Ltd, all trading as Eurong Beach Resort (hereinafter called “the Employer”) and The Australian Workers’ Union of Employees, Queensland and The Merchant Service Guild of Australia, Queensland Branch, Union of Employees (hereinafter referred to as “The Unions”), witnesses that the parties mutually agree as follows:
Certified Agreement No CA520 of 1995 is hereby cancelled.
SCHEDULE 1
ARRANGEMENT OF AGREEMENT
Subject Matter / Clause NoPart 1 – Preliminary
Title / 1.1Intention / 1.2
Agreement Coverage / 1.3
Date of Operation / 1.4
Agreement Posting / 1.5
Part 2 - Terms and Conditions of Employment
Contract of Employment / 2.1Introduction of Changes, Termination of Employment in Cases of Redundancy / 2.2
Time and Wages Records / 2.3
Grievance Procedures / 2.4
Multi-Hiring / 2.5
Union Recognition and Union Membership / 2.6
Structural Efficiency / 2.7
Multi-Skilling / 2.8
Training and Education / 2.9
Safety and Working Environment / 2.10
Part 3 - Definition, Wages, Allowances
Definitions / 3.1
Skill Streams / 3.2
Annualised Wages / 3.3
Payment of Wages / 3.4
Superannuation / 3.5
Part 4 - Preliminary
Hours of Work / 4.1Overtime / 4.2
Local Flexibility and Consultation / 4.3
Part-time Employees / 4.4
Meal Breaks / 4.5
Rest Pauses / 4.6
Part 5 - Statutory Holidays, Leave
Annual Leave / 5.1Sick Leave / 5.2
Long Service Leave / 5.3
Bereavement Leave / 5.4
Family Leave / 5.5
Part 6 - Miscellaneous Provisions
Fares / 6.1Uniforms and Aprons / 6.2
Washing Clothes / 6.3
Breakages / 6.4
Meals and Accommodation / 6.5
Relationship to Parent Award / 6.6
PART 1 - PRELIMINARY
1.1TITLE
This Agreement shall be known as the Eurong Beach Resort Certified Agreement 1997.
1.2INTENTION
This Agreement reflects the ongoing commitment to making the Resort increasingly competitive with first class service, quality, flexibility, communication and commitment.
Employees covered by the Agreement will be afforded the opportunity to attain greater skills flexibilities and access to career paths. This will encourage and support a highly skilled and committed workforce where participation and development of employees will be a priority for the betterment of the individual and the industry.
Work will be organised to maximise the flexibility of the workforce and enable employees to work to the limits of their skills and capacities. There will be no artificial barriers preventing employees from performing tasks in which they have been trained.
The outcome will be to provide better paid and secure employment in a competitive and first class Off-Shore Islands Tourism Industry.
1.3AGREEMENT COVERAGE
Notwithstanding any provisions to the contrary contained within any award, this Agreement shall apply to Sidney A. Melksham, carrying on business as Fraser Island Developments, Jaiger Pty Ltd, and Oser Pty Ltd, all trading as Eurong Beach Resort as employer and employees for whom classifications and rates of pay are prescribed herein engaged in or in connection with or incidental to the Island Tourist Resort Industry conducted by the employer, including the work of deckhands, waiters, hosts, masters, marine engine drivers and the like on any vessel operated by the employer and employees in charge of vessels licensed to be operated by persons holding a Queensland Department of Transport, Maritime Division Certificate of Competency.
1.4DATE OF OPERATION
This Agreement shall take effect and have the force of law throughout the State of Queensland as from ...... , and shall remain in force for a period of 24months or until varied or rescinded in accordance with the Workplace Relations Act 1997.
1.5AGREEMENT POSTING
A true copy of this Agreement shall be exhibited in a conspicuous and convenient place on the premises of the employer so as to be easily read by employees.
PART 2 - TERMS AND CONDITIONS OF EMPLOYMENT
2.1CONTRACT OF EMPLOYMENT
(1)An employee shall on or prior to commencing employment, be provided by the employer with a written statement outlining the employee’s:
(a)Employment category which shall be:
- full-time
- part-time
- casual
- specific period/task
(b)Classification level
(c)Ordinary hours of duty
(d)Rate of pay
(e)Date of appointment
(2)Except in circumstances where the provisions of ClauseB (Introduction of Changes) and of ClauseC (Redundancy) of the Statement of Policy referred to in Clause2.2 (Introduction of Changes, Termination of Employment in Cases of Redundancy) apply, the following periods of notice shall be given by the Employer or the employee of termination of service (or paid/forfeited in lieu thereof) except in the case of casual employees and in cases of dishonesty, drunkenness, disobedience, refusal of duty, neglect or misconduct when any employee shall be subject to instant dismissal and entitled to their salary and all holiday pay due to that employee up to the time of such dismissal.
Period of Continuous Service / Period of Notice- Up to one year
- One year to three years
- Three years to five years
- More than five years
Plus one additional week’s notice if:
- the employee is over 45years of age; and
- has completed at least two years continuous service
(3)In the case of dismissal of an employee or of an employee leaving the service of the employer, after the prescribed notice has been given, the employee shall be paid all wages due within fifteen minutes of ceasing work where practicable. If such wages are not paid within the time prescribed all waiting time in excess of fifteen minutes shall be paid for at ordinary rates.
In the event of an employee being discharged or leaving without notice, such employee shall be paid all wages due within twenty-four hours of the termination of their employment.
(4)Mixed Functions - An Employer 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 intent of this Agreement as contained in Clause 1.2 (Intention).
An Employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.
Any direction issued by an Employer pursuant to the above paragraphs shall be consistent with the Employer's responsibilities to provide a safe and healthy working environment.
(5)Two or More Classes of Work - Where any person on any one day performs two or more classes of work to which a differential rate fixed by this Agreement is applicable, such person, if employed for more than four hours on the class or classes of work carrying a higher rate shall be paid in respect of the whole time during which the employee works on that day at the same rate, which shall be at the highest rate fixed by this Agreement in respect of any of such classes of work, and if employed for four hours or less on the class or classes of work carrying a higher rate, the employee shall be paid at such highest rate for four hours.
2.2INTRODUCTION OF CHANGES, TERMINATION OF EMPLOYMENT IN CASES OF REDUNDANCY
Except as provided for in Clause 2.1 hereof, Employers and employees to whom this Agreement 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 Agreement, 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.
The Employer shall display a copy of the aforementioned decision of the Full Bench of the Commission in such a position as to be easily read by the employees.
2.3TIME AND WAGES RECORDS
(1)The Employer shall keep and have available a complete record of all employees subject to this Agreement who are for the time being employed by them or who were in their employment at any time during the period of twelve months immediately preceding, showing their designation, rates of wages and times of starting and ceasing work.
Such record shall be open to inspection during working hours by an Officer of the Unions duly authorised under Section392 of the Workplace Relations Act 1997.
(2)Time-sheets or time-books shall be provided by the Employer, wherein each employee shall enter daily their starting and ceasing time: Provided that the Employer shall keep posted in some position in the workplace, accessible to the employee, a schedule setting out the ordinary starting and ceasing times of each employee and the times between which the period is allotted for each meal:
Provided that it shall be a breach of this Agreement for any Employer to allow any person to perform such work unless the name of such person is recorded in the time and wages book.
2.4GRIEVANCE PROCEDURES
(1)It is agreed that every effort shall be made to amicably settle any dispute or grievance which may arise by direct negotiations and consultation between the parties to this Agreement.
(2)The intention of this procedure is to facilitate the expedient resolution of grievances at the workplace level within each Section.
(3)The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the Employer in respect to any industrial matter and all other matters the parties agree on. The procedure shall apply to a single employee or any number of employees.
(a)Any employee or employees with an enquiry, grievance or complaint regarding any aspect of the employment of such employee or employees shall expeditiously raise the matter or matters with the immediate work supervisor.
(b)If the matter cannot be resolved at this level, then the employee(s) shall discuss the matter or matters affecting the employee or employees with the next higher level of management.
(c)If the matter remains unresolved, the Employer's representative shall ensure that the matter is recorded in writing and the employee(s) may involve any body representing the employee.
(d)If agreement has not been reached within two days (or a mutually agreed longer period) after the matter has been submitted by the body representing the employee to Management Representatives, then the representative shall have the right to involve a full time official of the employees representative. Discussions over the matter shall then be carried out between the representative of the Employer and the employee both of whom shall take all reasonable steps to settle the dispute within a reasonable and mutually agreed upon period of time.
(e)Should negotiations under paragraphs (3) (a), (b), (c) and (d) above fail to resolve the matter, the dispute shall be referred to the Industrial Magistrate or to the Commission, whichever is appropriate.
(f)While the above procedure is being followed, the status quo shall prevail and every endeavour shall be applied to ensure that work continues normally, if safe, until settlement is reached. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.
(g)These procedures will not restrict an Employer or duly authorised representative of the Employer, or a duly authorised representative of the employee, from making representations to each other.
(h)All parties shall give due consideration to matters raised or any suggestions or recommendations made by an Industrial Commission or Industrial Magistrate with a view to the prompt settlement of a dispute.
(i)Any Order of the Queensland Industrial Relations Commission (subject to the parties right of appeal under the Act) will be final and binding on all parties to the dispute.
2.5MULTI-HIRING
(1)Permanent and part-time employees may also be engaged on a casual basis for duties in a separate engagement in a separate section of the Resort to facilitate multi-skilling and general skill formation. Such employees shall receive payment of 25% in addition to their ordinary hourly rate for time so worked.
(2)Provided that such engagement shall be subject to the following conditions:
(a)That the work required to be performed in the separate engagement is not within the usual job description of the employee concerned;
(b)The separate engagement is to meet a specific purpose;
(c)The separate engagement enables the employee to obtain additional remuneration and/or skills and, to this end, where the employee does not possess the necessary skills, training must be provided in accordance with the provisions of this Agreement;
(d)The separate engagement must be at the instigation of the employee and be subject to mutual agreement between the employer and the employee concerned;
(e)The separate engagement is not designed to avoid overtime obligations, but genuinely meets the tests set out in a) to d) above;
2.6UNION RECOGNITION AND UNION MEMBERSHIP
For the duration of this Agreement the Employer recognises the Australian Workers’ Union of Employees, Queensland and the Merchant Service Guild of Australia, Queensland Branch, Union of Employees as being the Unions that have exclusive representation of the employees who are covered by this Agreement. This exclusive representation will extend to all terms and conditions of employment where those terms and conditions are subject to this Agreement.
It is the policy of the Employer that all its employees subject to the Agreement will be encouraged to join the appropriate Union. Accordingly, all new employees will be given an application form to join the appropriate Union at the point of engagement.
The Employer undertakes upon authorisation to deduct union membership dues, as levied by the Union in accordance with its rules, from the pay of employees who are members of the Union. Such monies collected will be forwarded to the Union at the beginning of each month together with all necessary information to enable the reconciliation and crediting of subscriptions to members’ accounts.
2.7STRUCTURAL EFFICIENCY
The parties are committed to continuously modernising and reviewing the terms of this Agreement so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.
The parties recognise that this on-going process of change is based on consultation, provision of training, skill formation and commensurate and appropriate career paths.
2.8MULTI-SKILLING
In recognition of the operational and efficiency requirements of the Resort and to create more varied, better paid and interesting work, it shall be a condition of employment, subject to appropriate training and competency, that each employee shall be available to work as required on any work within his or her skill, competence and training consistent with the classification structure of this Agreement (subject to prevailing statutory requirements) and that each employee shall acquire the skills and learn any other job as directed and shall provide instruction and/or training as appropriate to another employee as required.
2.9TRAINING AND EDUCATION
(1)The Parties to this Agreement will co-operate in ensuring that appropriate training and cross skilling is available for all employees and that such training will be provided at the expense of the Employer. The Parties also agree to co-operate in encouraging employees to avail themselves of the benefits of such paid training.
Accordingly, the Parties commit themselves to:
- Developing a more highly skilled and flexible workforce;
- Providing employees with career opportunities through appropriate training to acquire additional skills; and
- Removing barriers to the utilisation of skills acquired.
(2)The Parties to this Agreement shall develop appropriate training programmes to facilitate skill enhancement based on the following procedures:
(a)Training shall comply with the criteria and guide-lines established by the Parties;
(b)Subject to subclause (3) all employees shall have access to training and no barriers shall be placed on employees accessing such training - and that such training is relevant to the employee's position or career path in obvious progression;
(c)Training may be undertaken either on or off the job, provided that where the training is undertaken during ordinary hours, the employee shall not suffer any loss of pay;
(d)Where off the job training is required by the Employer an employee attending such training programmes shall be entitled to paid training leave.
(3)The Parties commit themselves to the provision of such training both via internal, on-the-job training and through external training providers as is regarded by the Employer as appropriate.
2.10SAFETY AND WORKING ENVIRONMENT
(1)A continuing high safety and working environment standard will be maintained in all facets of Resort Operations.
(2)In support of this, the Employer will make available to employees on engagement the safety policy operating at the Resort.
(3)The minimum safety standards and safe working practices to be observed shall be those as prescribed from time to time by the Workplace Health and Safety Act or relevant Australian Standard in which the work of employees are performed.
(4)Employees engaged as diving instructors shall keep a personal log book signed by the instructor and countersigned by the employer.
(5)Employees who are subjected to greater than atmospheric pressure shall undertake a medical examination in accordance with the requirements of subclause (3) hereof and the medical practitioner shall enter in the diver's log book that the diver is "fit for diving" or "not fit for diving" as the case may be.
(6)The cost of all medical examinations of permanent employees required by this clause shall be borne by the employer and the records of the examination shall be the property of the employer; however, upon request an employee shall be supplied with copies of the records of all medical examinations.
PART 3 - DEFINITION, WAGES, ALLOWANCES
3.1DEFINITIONS
(A)FOOD AND BEVERAGE KITCHEN STREAM