1
THE QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE OF
FRIDAY, 30TH MARCH, 1979
NO.25 VOL. C FOLIOS 735 TO 738
THE INDUSTRIAL CONCILIATION AND ARBITRATION
COMMISSION OF QUEENSLAND
Industrial Conciliation and Arbitration Act 1961–1983
RACECOURSES AND SHOWGROUND EMPLOYEES
AWARD – BRISBANE
Arrangement of Award
Subject MatterClause No.
Annual Leave...... 9
Anti-Discrimination...... 11B
Application of Award...... 2
Definitions...... 4
First Aid Kits...... 13
Guaranteed Minimum Wage...... 4A
Holidays...... 8
Hours...... 3
Long Service Leave...... 11
Meal Allowance...... 17
Mixed Functions...... 15
Operation of Award...... 21
Overtime...... 7
Preference...... 20
Record of Time Worked...... 14
Service Increments...... 6
Sick Leave...... 10
Smokos...... 12
Termination of Employment...... 16
Wages...... 5
Work During a Meal Hour...... 18
Work in the Rain...... 19
Application of Award
2.This Award shall apply to employees of the Queensland Turf Club, the Brisbane Amateur Turf Club, the Ipswich Amateur Turf Club, Tattersalls Racing Club, the Royal National Agricultural and Industrial Association of Queensland, and the Trustees of the Brisbane Cricket Ground, at Woolloongabba, provided such employees are engaged in any of the callings mentioned in clause 5.
Hours
3.(1)Racecourses – The ordinary working hours of day workers employed by the Queensland Turf Club and the Brisbane Amateur Turf Club at Doomben, Ascot, and/or Eagle Farm Racecourses shall not exceed 40 in any one week or 8 on any one day and shall be worked as follows:–
(a)In any week in which any of the aforesaid clubs or bodies conducts a race meeting on a Saturday afternoon the hours of work for day workers employed by such club or body so conducting a meeting in that week shall be between the hours of 6.00 a.m. and 6.00 p.m. on Mondays to Fridays, inclusive, and between 8.00 a.m. and 12 noon on Saturdays.
(b)In any other week between the hours of 8.00 a.m. and 6.00 p.m. on Mondays to Fridays, inclusive.
(2)Brisbane Cricket Ground – The ordinary working hours of day workers employed at the Brisbane Cricket Ground shall be worked between the hours of 6.00 a.m. and 6.00 p.m. on Mondays to Fridays, inclusive, and between 8.00 a.m. and 12 noon on Saturdays.
(3)Half Holidays – Employees at the said Racecourses and Brisbane Cricket Ground may enter into a mutual agreement with the employer to provide for a-half day off during the spread of hours mentioned in subclauses (1)(a) and (2) hereof or for equivalent time off and copies of such agreements shall be filled with the Southern District Secretary of The Australian Workers' Union of Employees, Queensland.
(4)Other Workers – The ordinary working hours of all other day workers shall not exceed 40 in any one week or 8 on any one day and shall be worked between the hours of 8.00 a.m. and 6.00 p.m. on Mondays to Fridays, inclusive.
(5)Meal Hour – One hour shall be allowed for a meal between 12 noon and 2.00 p.m. on all working days.
(6)Royal National Association – Exhibition Period – Night Shift – Labourers employed by the Royal National Agricultural and Industrial Association of Queensland during Exhibition period at cleaning up may be employed on a night shift, and shall be paid 25 per cent in addition to the rate set out in clause 5 hereof. The ordinary working hours of such employees shall not exceed 40 for the week and 8 on any one shift and the starting and ceasing times above set out shall not apply.
Definitions
4."Casual Employee" shall mean an employee who is employed for less than twenty-four hours in any one week.
"Concrete worker" shall mean an employee engaged in making concrete or conveying material to the concrete board or concrete mixer or removing the finished product or placing or tamping in position and shall include a concrete road maker.
Guaranteed Minimum Wage
4A.The rates of wages or salaries prescribed by this Award in respect to adult employees or to employees who are seniors are deemed to include and to be expressed by reference to the Guaranteed Minimum Wage declared for the time being and from time to time pursuant to the provisions of the Industrial Relations Act 1990–1991, and unless otherwise ordered such wages and salaries are to be adjusted to accord with any variations to such Guaranteed Minimum Wage. Until further Order, the amount of the Guaranteed Minimum Wage deemed to be so included is as follows:–
Schedule
Within the Southern Division, Eastern District –
Per week
$
Adults 258.00
Wages
5.Subject to clause 4A hereof the minimum rates of wages payable to the following classes of employees shall be:–
ClassificationAward Rate Per Week
$
Gardeners engaged in budding, grafting and propagating...... 428.00
Assistant Gardeners...... 410.60
Concrete workers bitumen, tar or asphalt workers...... 422.40
Labourers...... 400.60
Men operating motor mowers shall receive an additional 10c per day whilst so employed.
Employees responsible for the hosing of race tracks shall be paid 10c per day extra.
Casual employees on General Maintenance work shall be paid 22% in addition to prescribed rates.
Per Hour
$
Supervisors who shall be provided with a minimum of five hours’ work...... 11.6975
Gatemen, ticket takers, and turnstile attendants, who have no money transactions
with the public, and who shall be provided with a minimum of five hours’ work...... 11.5810
General Attendants (including cloakroom and toilet attendants), patrolmen,
and fence-men who shall be provided with a minimum of five hours work...... 11.5260
Changemen, ticket sellers and turnstile attendants having money transactions with the
public, who shall be provided with a minimum of five hours work...... 11.6830
The provisions of clauses 3 and 9 shall not apply to gatemen, ticket takers, ticket sellers and turnstile attendants.
Employees handling race starting stalls outside ordinary working hours shall be paid at a flat rate of $90.63 per day.
Employees working in water and/or hosing out buildings and conveniences, shall be provided with rubber boots, which shall remain the property of the Employer, or be paid an additional 4.20c per hour in lieu thereof.
Permanent employees shall receive priority of opportunity for work required to be done on Saturday afternoon or on public holidays.
The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2000 Declaration of General Ruling and earlier Safety Net Adjustments. [Disputed cases are to be referred to the President.] This arbitrated wage adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this Award which are above the wage rates prescribed in the Award. Such payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments 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 Cases or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments.
Superannuation
5A.In addition to the rates of pay prescribed by this Award, eligible employees shall be entitled to Occupational Superannuation Benefits, subject to the provisions of the Racing Industry Employees' Occupational Superannuation Award – State.
Electronic Funds Transfer (EFT)
5B.Payment of wages by electronic funds transfer will be introduced where practicable by mutual agreement on the following basis:–
(1)management will initiate discussions to allow employees choice in choosing the type of account and financial institution into which the employees' wages will be paid;
(2)the introduction of EFT will be on the basis that wages will be transferred into an employee's nominated account in sufficient time to ensure that such wages are available for use on the employees' ordinary pay day;
(3)all costs and charges associated with the introduction of EFT will be met by the Employer;
(4)payment other than by EFT shall be by mutual agreement where circumstances dictate.
Contract of Employment
5C.(1)The Employer may direct an employee to carry out such duties as are reasonably 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.
(2)The 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.
(3)Any direction issued by the Employer pursuant to subclauses (1) and (2) shall be consistent with the Employer's responsibilities to provide a safe and healthy working environment.
Structural Efficiency
5D.(1)The Parties to this Award are committed to co-operating positively to increase the efficiency, productivity and competitiveness of the industry and to enhance the career opportunities and job security of employees in the industry.
(2)Without limiting the rights of either the Employer or the Industrial Organization to arbitration, any other measure designed to increase flexibility at the plant or enterprise and sought by any party shall be notified to the Commission and by agreement of the parties involved shall be implemented subject to the following requirements:–
(a)the changes sought shall not affect any provisions reflecting national standards;
(b)the majority of employees affected by the change at the plant or enterprise must genuinely agree to the change;
(c)no employee shall lose income as a result of the change;
(d)the Industrial Organization must be party to the agreement;
(e)the Industrial Organization shall not unreasonably oppose any agreement;
(f)any agreement shall be subject to approval by the Queensland Industrial Relations Commission, and if approved shall take precedence over any provision of this Award to the extent of any inconsistency.
Workplace Consultation
5E.The development of effective ongoing participating/consultative practices is important in the process of Award Restructuring and can lead to advantages for both the Employer and employees. It is therefore desirable that participative/consultative mechanisms established at local level be continued.
(1)Consultative mechanisms/practices shall be implemented where agreement exists between Employer and employees.
(2)The form, structure and method of implementing consultative mechanism/practices shall be as determined at the local level through negotiations between the Employer, employees and the Industrial Organization consistent with agreed consultative models, provided however, that the Industrial Organization shall be represented in the consultative process by a duly elected job representative.
(3)The Industrial Organization agrees that at the local level where agreed consultative mechanisms/practices are in place to allow through the consultative process the application of designated Award conditions in a more flexible manner. The Industrial Organization shall be party to any agreement where the employees genuinely agree.
(4)The process of consultative practices is a mechanism through which employees can be involved in and positively contribute towards management's decision making process. All decisions are encouraged to be reached through consultative mechanisms/practices, however, managerial prerogative is acknowledged.
Training Undertaking
5F.(1)A training program, commensurate with the needs of the Industry/Enterprise shall be developed in consultation with employees to ensure the current and future skill needs of the enterprise.
The parties agree that training is an essential element of the restructuring process and appropriate training will continue to be available for employees, commensurate with the needs of the Industry/Enterprise, and employees will be encouraged to avail themselves of the training provided.
(2)The training programs objective will be to:–
(a)develop a more skilled and flexible workforce;
(b)provide employees with career opportunities through appropriate training;
(c)remove barriers to the utilisation of skills acquired.
(3)The Consultative Committees' Charter will include:–
(a)the formulation of a training programme for discussion with management and ascertaining the availability of training courses and career opportunities for employees;
(b)dissemination of information on the training programme and availability of training courses and opportunities to employees;
(c)the recommendation of individual employees for training and reclassification;
(d)monitoring and advising management and employees on the on-going effectiveness of the training.
(4)Where additional training in accordance with the program is identified to be undertaken by an employee, the training may be undertaken either on or off the job:
Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.
(5)Course costs associated with and incurred on agreed and prescribed courses shall be reimbursed by the employer upon production of evidence of such expenditure, and proof of satisfactory progress.
(6)Travel costs incurred in undertaking an agreed and prescribed course during ordinary working hours which exceed those normally incurred travelling to and from work shall be reimbursed by the employer.
(7)The parties agree to review the operations of this clause after a period of not less than twelve (12) months.
No Extra Claims Commitment
5G.It is a term of this Award arising from the Decision in the State Wage Case of July 1991, that the Industrial Organization(s) undertake(s), 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:
Provided that if the anticipated Australian Industrial Relations Commission Review of the Principles is not concluded by 1 November 1991, the Industrial Organization(s) clearly state(s) that without prejudice to the continuation of the Award Restructuring Process the Industrial Organization(s) reserve(s) the right to review its position at that time in conjunction with the Trades and Labor Council of Queensland and the Union Movement collectively, and advise the Commission accordingly of the collective decision adopted.
Enterprise Agreements
5H.(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. Union 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 union or unions (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 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 organizations (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 organizations 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 provision of the relevant and named award 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.
(7)Upon exhaustion of grievance procedure processes any disputed areas are subject to conciliation, mediation or arbitration.
Service Increments
6.In addition to all payments otherwise due, employees (other than casual employees) of the Queensland Turf Club, Brisbane Amateur Turf Club and Ipswich Amateur Turf Club shall be paid the following service increments:–
$
Employees with less than 12 months' service 1.10
Employees with 12 months' service but less
than 2 years' service 2.40
Employees with 2 years' service but less
than 4 years' service 3.40
Employees with 4 years' service but less
than 6 years' service 3.90
Employees with 6 or more years' service 4.50
Overtime
7.(1)All time worked by employees, except as otherwise provided, in excess of the ordinary working hours or before the ordinary starting time or after the ordinary ceasing time shall be deemed overtime, and shall be paid for at the rate of time and a-half for the first three hours each day and double time thereafter:
Provided that in cases where Saturday is not an ordinary working day the first three hours' overtime worked on a Saturday shall be paid for at the rate of time and a-half and at the rate of double time thereafter with a minimum of two hours' work or payment therefor.
(2)All work done during the recognised meal period shall be paid for at the rate of double time, such payment to continue until a meal period has commenced. Such meal period shall be of the prescribed duration.
(3)All work done on Sundays shall be paid for at the rate of double time with a minimum of two hours' work or payment therefor.
Holidays
8.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, 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.