CITATION: | Mackay Regional Council v Queensland Services, Industrial Union of Employees & Ors (No 4) [2022] QIRC 142 |
PARTIES: | MACKAY REGIONAL COUNCIL (applicant) v QUEENSLAND SERVICES, INDUSTRIAL UNION OF EMPLOYEES & OTHERS (respondent) |
FILE NO: | CB/2021/10 |
PROCEEDING: | Arbitration |
DELIVERED ON: | 19 April 2022 |
HEARING DATE: | 19, 20 and 21 January 2022 |
MEMBER: | Davis J, President, O'Connor VP, Hartigan IC |
HEARD AT: | Mackay |
ORDERS: |
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CATCHWORDS: | INDUSTRIAL LAW – ARBITRATION – IF CONCILIATION UNSUCCESSFUL – parties directed to settle terms of determination – arbitration determination issued |
CASES: | Industrial Relations Act 2016 (Qld), ss 180 and 228 Mackay Regional Council v Queensland Services, Industrial Union of Employees & Ors (No 3) |
APPEARANCES: | A Bigby (Mackay Regional Council), N Henderson and M Robertson (Queensland Services, Industrial Union of Employees), G Harradine (Construction, Forestry, Mining & Energy Union, Industrial Union of Employees, Queensland), T Fernandez (Plumbing and Pipe Trades Employees’ Union), T McQuillan (The Australian Workers’ Union of Employees, Queensland) |
Reasons for Decision
The parties are directed to jointly file in the Industrial Registry, a draft agreed determination that reflects the full and complete terms of the clauses of each matter agreed between the parties and the determination of the matters in dispute as contained in these reasons by 4.00 pm on 30 March 2022.
Termination of Mackay Regional Council Certified Agreement 2017[2] (the 2017 Agreement)
Arbitration Determination
TABLE OF CONTENTS
Part One – General Provisions............................................................
1. Title............................................................................
2. Application, coverage and parties bound................................................
3. Date and period of operation.........................................................
4. Relationship to the parent award......................................................
5. No extra claims...................................................................
6. Definitions.......................................................................
7. Purpose and objectives of the determination.............................................
8. Productivity and efficiency measures...................................................
Part Two – Terms of Employment.........................................................
9. Types of engagement...............................................................
10. Dispute resolution process..........................................................
Part Three – Hours of Work..............................................................
11. Span and spread of hours...........................................................
12. Shift work......................................................................
13. Overtime and time off in lieu (toil)....................................................
14. Meal and rest breaks..............................................................
Part Four – Flexible Working Arrangements.................................................
15. Flexible working arrangements......................................................
16. Secondary remuneration agreement...................................................
17. Rostered days off (rdo).............................................................
18. Rostered days off (rdo) – customer service..............................................
Part Five – Salary And Wages............................................................
19. Salary and wages.................................................................
20. Payment of salary and wages........................................................
21. Salary increments.................................................................
22. Junior rates of pay................................................................
23. Allowances......................................................................
24. Classification and reclassification.....................................................
25. Higher duties.....................................................................
26. Occupational superannuation........................................................
27. Salary sacrifice...................................................................
Part Six – Leave.......................................................................
28. Annual leave....................................................................
29. Personal leave...................................................................
30. Public holidays...................................................................
31. Long service leave................................................................
32. Parental leave....................................................................
33. Bereavement leave................................................................
34. Domestic and family violence leave...................................................
35. Natural disaster leave..............................................................
36. Cultural and ceremonial leave.......................................................
37. Service leave.....................................................................
38. Leave without pay for special circumstances............................................
39. Transition to retirement arrangements................................................
Part Seven – Employment Security, Consultation, Communication And Management Of Workplace Change
40. Joint consultative committee (jcc)....................................................
41. Transmission of business...........................................................
42. Employment security..............................................................
43. Redundancy.....................................................................
44. No forced redundancy.............................................................
Part Eight – Other Provisions.............................................................
45. Employee assistance program.......................................................
46. Workplace health and safety........................................................
47. Health and wellbeing committee......................................................
48. Training and development..........................................................
49. Mental health and wellbeing.........................................................
50. Posting determination.............................................................
51. Union leave and recognition.........................................................
Part Nine – Schedules To The Determination.................................................
52. Schedule 1 – Salary Scales – Stream A Employees........................................
53. Schedule 2 – Salary Scales – Stream B And C Employees (Excluding Mecc).....................
54. Schedule 3 – Salary Scales – Stream B Mecc Employees....................................
55. Schedule 4 – Five (5) In Seven (7) Provisions.............................................
56. Schedule 5 – Existing Agreements Technical Services Program..............................
57. Schedule 6 – Identified Positions - Rdo.................................................
Mackay Regional Council Determination 2022
PART ONE – GENERAL PROVISIONS
1. TITLE
1.1. This Determination shall be known as the Mackay Regional Council Determination 2022.
2. APPLICATION, COVERAGE AND PARTIES BOUND
1.2. This Determination applies to, and is binding on, Mackay Regional Council, all of its employees (except where specifically excluded within this Determination) and the following Unions:
AMWU Automotive, Metals, Engineering, Printing and Kindred Industries, Industrial Union of Employees, Queensland
APESMA The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees
AWU The Australian Workers’ Union of Employees, Queensland
CFMEU The Construction, Forestry, Mining & Energy, Industrial Union of Employees
ETU The Electrical Trades Union of Employees, Queensland
PGEU Plumbers and Gasfitters Employees' Union Queensland, Union of Employees QSU Queensland Services, Industrial Union of Employees
1.3. This Determination does not apply to the Chief Executive Officer (CEO) or to any senior officers (as defined by the Stream A Award) in instances where the Council and the senior officer concerned enter into a written contract of employment which states that the Award is not to apply to the terms and conditions of employment of the senior officer.
3. DATE AND PERIOD OF OPERATION
3.1. This Determination shall operate from the date 19 April 2022. Salaries and wages will be paid at the rates as per Schedules 1, 2 and 3 with effect from the first full pay period after 1 July 2022.
3.2. The nominal expiry date of this Determination is 30 June 2024.
3.3. This Determination will continue to operate until it is terminated or replaced subject to the provisions of the Industrial Relations Act 2016.
3.4. The parties undertake to commence discussion on a replacement Certified Agreement no less than six (6) months prior to the nominal expiry of this Determination.
4. RELATIONSHIP TO THE PARENT AWARD
4.1. This Determination shall be read and interpreted in conjunction with the terms of the following parent Awards:
4.2. Where there is any inconsistency between this Determination and the applicable parent Award, this Determination shall prevail to the extent of the inconsistency.
4.3. Where this Determination is silent, the terms of the applicable parent Award shall apply.
5. NO EXTRA CLAIMS
5.1. The parties to this Determination agree not to pursue any further claims during the duration of this Determination.
5.2. The parties agree that any variation that may occur to an Award entitlement during the life of this Determination that provides a more generous entitlement than those prescribed by this Determination, will apply.
5.3. The rates of pay specified in this Determination and the documented escalation for pay rates shall apply for the duration of this Determination.
6. DEFINITIONS
Act shall mean the Queensland Industrial Relations Act 2016.
Apprentice shall mean an apprentice as defined by the Further Education and Training Act 2014 who is engaged in a relevant full-time apprenticeship with Council.
Award shall mean all relevant parent Awards listed in this Determination.
CEO means the Chief Executive Officer of the Mackay Regional Council.
Commission shall mean the Queensland Industrial Relations Commission constituted pursuant to the Act.
Commissioner shall mean a Commissioner of the Commission.
Continuous Service (in regards to a transfer entitlement) shall mean service with a Queensland local government authority or with more than one (1) Council which has been continuous except for the employee having been dismissed or stood down, or by the employer having terminated the employee’s service with the Council provided that the employee shall have been re-employed by that Council or some other Council within a period not exceeding the combination of any period of unused annual leave when the employee ceased employment with the employee’s previous Council, plus a further period of four (4) weeks.
Council shall mean Mackay Regional Council.
Employee shall mean an employee of Mackay Regional Council.
Employer shall mean the Mackay Regional Council.
Entertainment Precinct shall mean MECC.
Hourly rate or an employees' hourly rate shall mean the Determination rate of pay prescribed by this Determination for the work performed divided by the number of hours which constitute the employee’s ordinary working week.
Immediate Family shall mean spouse and partner (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person who lives with the employee as their partner (including same-sex partner), husband or wife on a bona fide domestic basis. Child or an adult child (including an adopted child, a stepchild or an ex-nuptial child), parent, grandparent, grandchild, or sibling of the employee or spouse of the employee.
JCC shall mean Joint Consultative Committee.
MECC shall mean the Mackay Entertainment and Convention Centre.
Nominated Representative shall mean in relation to an employee, a person selected by the employee to assist or represent the employee. The person may be either another employee of Council or, at the request of the employee, an officer or employee of the relevant Unions, or any person chosen by the employee who does not present a conflict of interest (but not if such a person is a current practicing solicitor or barrister).
RDO shall mean Rostered Day Off.
TOIL shall mean Time Off in Lieu.
Trainee shall mean a trainee as defined by the Further Education and Training Act 2014 who is engaged in a relevant traineeship of at least a twelve (12) month period with the Council. So, there is no doubt, any other form of trainee will not be covered by this Determination.
Unions shall mean and refers to the union/s as outlined in Clause 2 of this Determination.
7. PURPOSE AND OBJECTIVES OF THE DETERMINATION
7.1. The purpose of this Determination is to:
7.2. Objectives of the Determination:
7.2.1. Increase both accountability and responsiveness to the community and deliver significant benefits to the customers of the Council.
7.2.2. Participation by the Council, management, employees and their union/s, where appropriate, and customers in the continuous improvement process, particularly in the development of more efficient work practices and quality improvement.
7.2.3. Use of the Council’s best endeavours to maintain employment security for all current employees.
7.2.4. Achieve ‘best practice’ in all areas of the Council and equal opportunity, Occupational Health and Safety (OHS) and environmental performance.
7.2.5. Develop a team approach and a more cooperative working environment.
7.2.6. Prevent discriminatory practices and procedures.
7.2.7. No employee shall be disadvantaged in respect of the following as a result of the implementation of this Determination:
8. PRODUCTIVITY AND EFFICIENCY MEASURES
8.1. Productivity Measurement
8.1.1. The parties agree that quantitative measurement of productivity is difficult in the service sector, and in Local Government in particular.
8.1.2. The parties recognise that improved service to the public and internal clients constitutes a productivity increase within the Council.
8.1.3. Where possible, the parties will aim to improve the quality, efficiency and accessibility of client service.
8.2. Productivity and Efficiency Improvements
8.2.1. All parties agree and commit to achieving improvement in productivity and efficiency.
PART TWO – TERMS OF EMPLOYMENT
9. TYPES OF ENGAGEMENT
9.1. Employees will be employed in one (1) of the following categories:
9.2. Upon engagement, the Council shall provide to an employee, details of their employment in writing stipulating the terms of their engagement and in particular whether they are to be full-time, part-time/job share, casual or maximum term and:
9.3. Full-Time Employment
9.3.1. Full-time employment means employment which requires the employee to work full-time hours per week or such ordinary hours as determined in accordance with this Determination. Full-time employment does not include part-time/job share, casual or maximum term employment as defined by this Determination.
9.3.2. For the purposes of Clause 9.3 full-time hours are deemed to be thirty-six (36) and a quarter (¼) per week for Stream A employees and thirty-eight (38) hours per week for Stream B and C employees.
9.4. Part-Time Employment
9.4.1. Part-time employment means employment for less than the normal weekly ordinary hours specified for a full-time employee for which all Determination entitlements are paid on a pro-rata/ basis.
9.4.2. At the time of engagement, the Council and the part-time employee will agree in writing on a pattern of work relevant to the position. This pattern can be modified at any time mutually agreed between the Council and employee.
9.4.3. A part-time employee employed under the provisions of this Clause must be paid at an ordinary hourly rate calculated by dividing the annual Determination salary for the classification in which the employee is employed by fifty-two (52) and dividing the result by the full-time hours of the role, in accordance with Clause 9.3.2.
9.4.4. Part-time employees will be paid at ordinary time when they agree to work additional hours up to the ordinary hours of a full-time employee. Overtime will apply after exceeding the ordinary hours of a full time employee per day, or per week, as in the same way that it applies to a full-time employee.
9.4.5. A part-time employee may refuse, and the Council must not attempt to force, a part-time employee to work any hours over and above their normal part-time hours in circumstances that would be unreasonable having regard to:
9.5. Job-Share Employment
9.5.1. Any permanent full-time position may be filled by two (2) part-time employees on a job-sharing basis where job-sharing is convenient to the requirements of the position and there is agreement between the employees and the Council. The parties to this Determination agree that job-sharing arrangements do not require an equal (50:50) division of the position. The arrangements of the job share will be contained in a written agreement signed by the individual employees concerned, relevant supervisor and CEO or delegated authority.
9.5.2. Employees so employed shall be engaged as per the provisions of this Determination, with all entitlements provided on a pro-rata basis. All arrangements made pursuant to this Clause shall be subject to an annual review process, in order to assess the effectiveness of the position being performed in this manner.
9.6. Casual Employment
9.6.1. Casual employee shall mean an employee engaged and paid as such, who is employed on an hourly basis with a minimum engagement period and whose employment is subject to termination with at least one (1) days' notice that their services are no longer required.
9.7. Minimum Period of Engagement – Casual Employment
9.7.1. Casual employees shall be engaged for a minimum period of two (2) hours on each engagement or be paid for a minimum of two (2) hours at the appropriate casual rate.
9.7.2. In the absence of one (1) days' notice of non-requirement of services (cessation of engagement), any rostered times within the twenty-four (24) hours of the notice period will be paid.
9.8. Hours of Work – Casual Employment
9.8.1. For Stream A employees, Saturdays and Sundays are to be regarded as ordinary time days. Casual employees are able to work any five (5) out of seven (7) days at ordinary rates between the hours of 6:00am and 9:30pm.
The ordinary hours of duties for casual employees shall be a maximum of thirty-six (36) and a quarter (¼) per week or seven (7) and a quarter (¼) per day.
9.8.2. For Stream B and C employees, Monday to Friday are to be regarded as ordinary time days. Casual employees are able to work at ordinary rates between the hours of 6:00am and 6:00pm.
The ordinary hours of duties for casual employees shall be a maximum of thirty-eight (38) per week or seven (7) hours thirty-six (36) minutes in any one (1) day.
9.9. Rates of Pay – Casual Employment
9.9.1. For Stream A employees, the ordinary hourly rate of pay of casual employees shall be ascertained by dividing the annual salary for the classification in which the employee is employed by fifty-two (52) and dividing the resultant answer by thirty-six (36) and a quarter (¼) and adding the following loadings:
For all Ordinary Time Worked Between | Loading on Hourly Rate |
Monday – Friday 6:00am to 6:00pm | 25% |
Monday – Friday 6:00pm to 9:30pm and Saturday 6:00am to 12:00pm | 31% |
All other times | 75% |
For all Ordinary Time Worked Between | Loading on Hourly Rate |
Monday – Friday 6:00am to 6:00pm | 25% |
All other times | 31% |
9.9.2. For Stream B and C employees, the ordinary hourly rate of pay of casual employees shall be ascertained by dividing the annual salary for the classification in which the employee is employed by fifty-two (52) and dividing the resultant answer by thirty-eight (38) and adding the following loadings:
For all Ordinary Time Worked Between | Loading on Hourly Rate |
Monday – Friday 6:00am to 6:00pm | 25% |
9.10. Overtime – Casual Employment
9.10.1. All time worked by a casual employee outside or in excess of the ordinary hours of duty shall be deemed overtime and be paid for at the appropriate hourly rate plus 50% on Monday to Friday; plus 100% on Saturday and Sunday.
To provide clarity the calculation is - Base rate + (base rate x casual loading) + (base rate x penalty). E.g. $17.35 + ($17.35 x 25%) + ($17.35 x 50%) = $30.37 per hour.
9.11. Casual Conversion
9.11.1. Casual employees who have been employed for consistent hours for a period in excess of twelve (12) months will be provided with the opportunity to apply for appointment on a permanent basis. In considering these applications, the Council will not unreasonably refuse, providing:
9.11.2. Other Conditions – Casual Employment
The provisions of the following Clauses shall not apply to casual employees: 11, 12, 13, 28, 29, 30, 40, and 41.
All other provisions of the Determination shall apply except to the extent they are superseded or modified by the provisions of Clause 9.6.
9.12. Caring Responsibilities – Casual Employment
9.12.1. Subject to the satisfactory evidentiary and notice requirements in Clause 9.6.1, casual employees are entitled to not be available to attend work or to leave work:
9.12.2. The Council and the employee shall agree on the period for which the employee will be entitled to be unavailable to attend work. In the absence of an agreement, the employee is entitled to be unavailable to attend work for up to forty-eight (48) hours (i.e. two (2) days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
9.12.3. The Council must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this Clause. The rights of the Council to engage or not to engage a casual employee are otherwise not affected.
9.13. Maximum Term Employment
9.13.1. Maximum term employment means employment for a specified period of time for a specified task, and which (subject to “notice of termination” requirements) may be terminated at any time by the Council or by the employee.
9.13.2. A maximum term contract can be terminated in accordance with Clause 9.13.1 of this Determination by the Council, only in any one (1) of the following circumstances:
9.13.3. An employee employed on a maximum term contract in accordance with this Clause may terminate a contract by the giving of four (4) weeks’ notice or the forfeiture of salary for any shortfall in the four (4) weeks period of notice.
9.13.4. This Determination shall apply to an employee employed on a maximum term contract, except to the extent that the determination expressly provides that it does not apply.
10. DISPUTE RESOLUTION PROCESS
Effective communication between employees and Council management is a prerequisite to good industrial relations and the following procedure is set down in order that any grievances may be resolved quickly to maintain efficient and sound working relationships.
In the event of any grievance arising and/or disagreement between the Council and its employee/s in relation to this Determination or any work-related matter the following procedures shall be applied. However, the below procedures do not restrict a delegate of the Council and the employee or their nominated representative/s from making representation to each other at any step in this procedure:
Step One (1)
Any employee/s with a grievance or complaint regarding any aspect of the employment will promptly raise the matter/s with their immediate supervisor. The employee may request representation from their union/s or nominated representative/s.
Step Two (2)
If the matter is not resolved at Step One (1), the employee/s shall discuss the matter/s at issue with the next higher level of management. The employee/s may elect to be represented by an elected workplace delegate and/or an authorised officer of the relevant union/s or the employees’ nominated representative/s.
Step Three (3)
Should the grievance remain unresolved, the matter should then be referred to the CEO or delegated person of authority, and the employee may elect to be represented by an elected workplace delegate and/or authorised officer of the relevant union/s or the employees’ nominated representative/s who will attempt to facilitate a resolution.
Sensible time limits shall be allowed for the completion of the various steps of the discussions. Discussions outlined in Steps One (1) and Two (2) above should, if possible, take place within twenty-four (24) hours after the request of the employee or the employee’s representative. At least seven (7) working days should be allowed for all steps of the discussions to be finalised, unless otherwise agreed, in writing, by the parties.
If, after the above steps, the matter remains unresolved, the dispute shall be referred to the Commission for conciliation and if the matter remains unresolved, arbitration. The decision by the Commission will be binding on all parties to the dispute.
Whilst the grievance and disputes procedure is being followed, the “status quo”, i.e. continuation of work and customary work practices, shall prevail and every endeavour shall be applied to ensure that normal work practices continue, until such time as a settlement is reached, except where a bona fide workplace health and safety issue is involved.
Where a bona fide workplace health and safety issue is involved, an employee shall not work in an unsafe environment. Where appropriate, the employee shall accept reassignment to alternative suitable duties or an alternative work environment whilst a resolution to the dispute is pending.
All parties shall give due consideration to matters raised or any suggestion or recommendation made by the Commission with a view to prompt settlement of the matter.
Where the grievance involves allegations of sexual harassment an employee should commence the procedure at Step Three (3).
PART THREE – HOURS OF WORK
11. SPAN AND SPREAD OF HOURS
In recognition of diversity of hours of service for local governments, all provisions regarding five (5) in seven (7) rosters for all employees are set out in Schedule 4.
Hours of Work for Stream A Employees
11.1. The ordinary hours of work for all Stream A employees shall be in accordance with the hours Clauses contained within the Stream A Award.
11.2. The ordinary hours of work shall be thirty-six (36) and a quarter (¼) hours per week or seven (7) and a quarter (¼) hours per day to be worked Monday to Friday inclusive, between the hours of 6:00am and 6:00pm except where the Council notifies an employee that the employee is to work their ordinary hours of duty in accordance with Schedule 4.
11.3. Where a work group requests or is requested to extend their ordinary hours outside of the range allowed, all individuals (who may be represented by a nominated representative) within the work group will be bound to do so by the consent of the majority of the individuals within that work group.
11.4. The ordinary hours of duty of employees having other workers under their immediate supervision shall, if so determined by the Council, be the same as the ordinary hours of the workers supervised, subject to the conditions prescribed by Clauses 11.5, 11.6 and 11.7 hereunder, provided that this Clause shall not apply to employees holding professional qualifications and for the purpose of this Clause Engineering Surveyors shall be deemed to be included in that category.
11.5. Where supervisors/forepersons are required by the Council to work a thirty-eight (38) hour week to supervise staff working a thirty-eight (38) hour week, supervisors/forepersons will be remunerated for thirty-eight (38) ordinary hours per week paid at ordinary time.
11.6. The ordinary time paid rate (hourly) for supervisors/forepersons required to work thirty-eight (38) hours per week will be calculated by the applicable rate in Schedule 1 divided by fifty-two (52) and dividing the resultant answer by thirty-six (36) and a quarter (¼).
11.7. Such employees shall, whilst supervising outdoor staff covered by this Determination, who are in receipt of allowances or special rates, as listed hereunder, be paid such allowances in the same terms and for the same periods as those applicable to the workers being supervised. This will apply when such employees are actually subject to the disabilities which attract those allowances or special rates:
11.8. Employees Required to Work Unusual Working Hours Not Classed as Shift Work
This Clause shall apply to employees in Civic Centres and employees who attend to the community development and welfare needs to the community.
11.8.1. Such employees who are required to work unusual hours shall be paid a 15% loading of ordinary salary to compensate the employee for working irregular hours. The ordinary working hours of these employees shall not exceed seven (7) and a quarter (¼) hours on any one (1) day or thirty-six (36) and a quarter (¼) hours in any one (1) week.
11.8.2. Such ordinary working hours shall be worked on any five (5) days, Monday to Saturdays (both days inclusive), according to a roster which shall provide for two (2) consecutive days off each week. The roster shall be prepared and displayed to the employees concerned at least two (2) weeks in advance and shall not be varied, except by mutual arrangement between the employee and the Council.
11.8.3. The ordinary daily hours shall be worked continuously except for meal breaks of not less than half (½) an hour or more than one (1) hours’ duration, which shall not be counted as working time, to be taken at times mutually arranged.
11.8.4. No employee shall be required to work continuously for more than five (5) hours without a meal break and if such meal break is not given, double time shall be paid for all time worked after the fifth hour until a meal break of half (½) an hour is given or the employee ceases work, whichever is the earlier.
11.8.5. Within the above-mentioned limits, the Council shall have the right of fixing starting times, ceasing times and mealtimes and such times shall not be altered without giving at least five (5) days' notice. Such notice is to be exhibited so as to be readily available to the employee/s affected.
Hours of Work for Stream B and C Employees
11.9. For Stream B and C employees, the standard hours of work shall be from 6:00am to 6:00pm Monday to Friday.
11.10. If the Council intends to adjust starting and/or finishing times prior to 6:00am and/or after 6:00pm, it is to consult with affected staff and gain consent with the majority of affected staff prior to commencement of the change.
11.11. Where a work group requests or is requested to extend their ordinary hours outside of the range allowed in the relevant parent Award, all individuals (who may be represented by a nominated representative) within the work group will be bound to do so by the consent of the majority of the individuals within that work group.
11.12. Call-out Roster
A call-out roster will be maintained for plant operators.
11.13. Night Work
In the circumstances set out below, employees, upon seven (7) days’ notice, may be required to work all or part of their ordinary hours between 7:00pm and 5:00am Monday to Friday to facilitate works in public areas where major disruption would otherwise occur. These may include, but are not limited to:
11.14. In relation to a response to an emergency or disaster, where urgent repair work is necessary for at least two (2) consecutive nights, the seven (7) days notification may be waived, with immediate advice provided to relevant union/s.
11.15. Any extension to the above circumstances will be by agreement of the majority of employees affected and the relevant union/s.
11.16. All such ordinary time hours worked between 7:00pm and 5:00am shall incur a penalty of 50% for all hours so worked.
11.17. These arrangements will apply to:
11.18. The hours of duty shall be inclusive of a thirty (30) minute paid meal break.
11.19. Overtime worked following night work, between 7:00pm and 5:00am will be paid at double time for the first three (3) hours and double time and a half thereafter. Only in exceptional circumstances may the Council require an employee to work overtime beyond the agreed ordinary hours in any one (1) night.
11.20. Where, in an emergency, urgent repair work is done at night for less than one (1) week, it will be regarded as ordinary daily hours and incur a penalty based on the overtime penalty.
12. SHIFT WORK
Shift work provisions, and penalties for employees shall be in accordance with the full provisions of shift work Clauses contained within the relevant parent Awards outlined in Clause 4.1 of this Determination.
Employees are entitled to a ten (10) hour break before the start of any normal shift.
13. OVERTIME AND TIME OFF IN LIEU (TOIL)
Overtime and TOIL for Stream A Employees
13.1. Subject to Clause 13.2, the Council may require an employee to work reasonable overtime at overtime rates.
13.1.1 Mutual agreement on the working of extra time is to be reached before the time is worked, except in urgent or emergency situations.
13.2. An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
13.3. Except as otherwise provided in this Clause, overtime worked either outside the spread of ordinary hours on any day or in excess of the ordinary weekly hours shall be paid for at the rate of time and a half.
13.4. The following provisions will apply to an employee in receipt of salary equal to or in excess of the first increment Level 6.1 as detailed in Schedule 1 of this Determination (regardless of the employee’s leave package):
13.4.1 Subject to the provisions set out in the sub Clauses below, upon claiming for overtime the employee shall either:
Prior agreement on either of these options must be reached by the Council and the employee before undertaking any overtime.
13.4.2 TOIL is to be taken within six (6) months from when the extra time has been worked and accumulated, otherwise payment will be made at the rate of time and one half for those hours that exceed the six (6) month accumulation period. An extension of the six (6) month period may be approved by the CEO upon the request of the employee.
13.4.3 Employees and Supervisors are to apply all reasonable efforts to enable the time accumulated to be taken off within the six (6) month accumulation period.
13.5. By mutual agreement between employees in receipt of salaries prescribed by Levels 1 to 5 of the salaries detailed in Schedule 1 and the Council, the employee may, upon request for overtime, be given TOIL in lieu of overtime payments.
13.6. Subject to the provisions set out in the Subclauses below, upon claiming for overtime the Level 1 to 5 employee shall:
Prior agreement on either of these options must be reached by the Council and the employee before undertaking any overtime.
13.6.1. TOIL is to be taken within six (6) months from when the extra time has been worked and accumulated, otherwise payment will be made at the rate of time and one (1) half (½) for those hours that exceed the six (6) month accumulation period. An extension of the six (6) month period may be approved by the CEO upon the request of the employee.
13.7. All overtime worked on Saturdays and Sundays shall be paid at the rate of double time with a minimum payment for three (3) hours.
13.8. All work done during the recognised meal period shall be paid for at the rate of double time, with such payment to continue until a meal period has commenced. Such meal period shall be of the same duration as the meal period the employee would have enjoyed had the employee not been required to continue working.
13.9. If the employee is required to leave home to respond to a call for work overtime, they shall be entitled to payment of a minimum three (3) hours at the applicable overtime rate for such work. Subsequent calls within the three (3) hour period do not trigger additional payments except where work extends beyond the initial three (3) hour period, in which case overtime rates apply for actual time worked. Calls falling outside the minimum three (3) hour engagement will attract a subsequent minimum three (3) hours payment at the applicable overtime rate, provided that the employee shall not be required to work for such three (3) hours if the work the employee is required to perform is completed within a shorter period.
13.10. An employee who works so much overtime between the termination of the employee’s ordinary work on the one (1) day and the commencement of the employee’s ordinary work the next day, that the employee has not had at least ten (10) consecutive hours off duty between those times shall, subject to this Clause, be released after the completion of such overtime until the employee has had ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If the employee is instructed to resume or to continue work without having had ten (10) consecutive hours off duty, the employee shall be paid at double ordinary rates until they are released from duty for such period and the employee shall be entitled to be absent until they have had ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during that absence.
13.11. Clauses 13.3, 13.4, 13.5, and 13.6 shall not apply to employees performing shift work as defined in Clause 12 of this Determination, who shall be paid overtime as specified in that Clause.
Overtime and TOIL for Stream B and C Employees
13.12. Subject to Clause 13.13, the Council may require an employee to work reasonable overtime at overtime rates. Overtime rates will be per the applicable parent Award.
13.12.1. Mutual agreement on the working of extra time is to be reached before the time is worked, except in urgent or emergency situations.
13.13. An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
13.14. When overtime is worked, the employee may wish to accrue TOIL rather than be paid the overtime. The accrual of TOIL must be approved by the appropriate supervisor and approval to accrue TOIL should not be unreasonably withheld. When approved the TOIL will accrue at time for time, that is one (1) hours overtime will accrue as one (1) hours TOIL.
13.14.1. TOIL is to be taken within six (6) months from when the extra time has been worked and accumulated, otherwise payment will be made at the rate of time and one (1) half (½) of those hours that exceed the six (6) month accumulation period. An extension of the six (6) month period may be approved by the CEO upon the request of the employee.
13.12.2. Employees and supervisors are to apply to all reasonable efforts to enable the time accumulated to be taken off within six (6) month accumulation period.
13.12.3. An employee's or supervisor's request for TOIL to be taken will not be unreasonably denied.
13.15. If the employee is required to leave home to respond to a call for work overtime, they shall be entitled to payment of a minimum three (3) hours at the applicable overtime rate for such work. Subsequent calls within the three (3) hour period do not trigger additional payments except where work extends beyond the initial three (3) hour period, in which case overtime rates apply for actual time worked. Calls falling outside the minimum three (3) hour engagement will attract a subsequent minimum three (3) hours payment at the applicable overtime rate, provided that the employee shall not be required to work for such three (3) hours if the work the employee is required to perform is completed within a shorter period. Where the relevant parent Award provides for a minimum period greater than three (3) hours then the greater minimum period shall apply for the employees covered by the Award.
Annualised Wage
13.16. Where an employee works irregular hours regularly, they may be offered an annualised wage. Acceptance of such an offer would be at the discretion of the employee.
13.17. The annualised wage is designed to annualise overtime and/or allowances that would be earned in peak periods and spread over the year.
13.18. To ensure that on balance the employee is not disadvantaged, the employee or the Council may elect to revert to normal overtime and/or allowance payments at the conclusion of the twelve (12) month period by giving one (1) months’ written notice. In the absence of such notice a further twelve (12) month period shall be deemed to commence.
14. MEAL AND REST BREAKS
14.1. Meal Break
The ordinary daily hours shall be worked continuously except for meal breaks of not less than half (½) an hour or more than one (1) hours’ duration, which shall not be counted as working time, to be taken at times mutually arranged, however the break must commence no later than five (5) hours after starting each day.
14.2. Rest Break
The parties agree that the employees covered by this Determination are entitled to take a rest pause in accordance with the relevant parent Award outlined in Clause 4.1 of this Determination. That rest pause may be taken either in the morning or afternoon by agreement reached with each employee’s supervisor.
14.3. Continuity of Work During Meal Breaks
14.3.1. Where the efficiency of Council's operations may be increased through a job being completed or where being continued for up to one (1) hour beyond the start of the normal meal break, the meal break may be delayed up to a maximum of one (1) hour without penalty.
14.3.2. The normal meal break shall be taken on the completion of the job or when one (1) hour has elapsed.
14.3.3. The duration of a meal break, having been determined as a recognised meal break of the employee, may only be altered by mutual agreement. If the parties do not agree, the status quo will remain until such time as the dispute resolution procedure at Clause 10 is exhausted.
14.4. Part-Time Employee – Meal Breaks
Part-time employees required to continue working for more than five (5) consecutive hours shall be allowed a meal break of thirty (30) minutes which shall not be counted as time worked. If such meal break is not given prior to the commencement of the fifth hour of work, double time shall be paid for all work performed from the commencement of the fifth hour until the time a meal break of thirty (30) minutes is given or until cessation of work, whichever is earlier.
14.5. Casual Employee – Meal Breaks
Casual employees required to continue working for more than five (5) consecutive hours shall be allowed a meal break of thirty (30) minutes which shall not be counted as time worked. If such meal break is not given prior to the commencement of the fifth hour of work, double rates shall be paid for all work performed until a break of thirty (30) minutes is given or until cessation of work, whichever is earlier.
PART FOUR – FLEXIBLE WORKING ARRANGEMENTS
15. FLEXIBLE WORKING ARRANGEMENTS
15.1. The parties agree that flexible work arrangements may be developed by agreement with the affected parties in any program within the Council.
15.2. At the date of commencement of this Determination, any employees working under the arrangements in Schedule 5 are entitled to maintain their flexible working arrangement, subject to the other terms of this Clause. The parties acknowledge the Technical Services Program referenced in Schedule 5 no longer exists and agree to review the Schedule, over the course of the Determination, with the view to remove the Schedule.
15.3. Flexible working arrangements must satisfy the following four (4) principles:
15.4. In all cases relating to hours of work and workforce flexibility, the process will involve consultation with the workforce, taking into account individual family considerations.
15.5. The Council is to clearly record all instances where a change has been implemented in accordance with this Determination.
15.6. By agreement with the employees affected, ordinary hours, including night work, may be worked up to ten (10) hours per day and starting and finishing times may be staggered, including outside the normal span of hours. Only in exceptional circumstances shall the Council require an employee to work beyond ten (10) ordinary hours per day.
15.7. Where the parties agree to alter work arrangements or implement new arrangements, the parties agree that the provisions of this Determination will be modified to the extent necessary to give effect to the new work arrangements, provided that:
15.8. A copy of any arrangements made pursuant to this Clause must be provided to the employee and the employee’s nominated representative and shall be read as part of this Determination.
16. SECONDARY REMUNERATION AGREEMENT
16.1. Where a Stream A employee at classification Level 7 or above is engaged in a supervisory or technical position and such position requires devotion to such times, attention and/or skills as may be necessary for the efficient discharge of their duties, including where necessary work outside ordinary business hours, then they may be offered an agreed secondary remuneration agreement (cash or benefits), in addition to their classification rate, which constitutes payment for all the additional hours of work which may be involved in the carrying out of their duties.
16.2. Where such secondary remuneration agreement is made and accepted, all other terms and conditions of this Determination will apply with the exception of the applicable overtime, RDO and TOIL Clauses.
16.3. To ensure that on balance the employee is not disadvantaged, the employee may elect to revert to the full terms of this Determination at any time by the giving of one (1) months' written notice. Remuneration will revert, from the end of the notice period to entitlements applicable to the Stream A level under this Determination. Likewise, the Council reserves its right by the giving of one (1) months’ written notice to revert the employee to the full terms of this Determination.
17. ROSTERED DAYS OFF (RDO)
17.1. The Council supports flexible work arrangements that suit both the organisation and the employee to take into account a balance of work and life responsibilities. The principles of flexible work arrangement recognise that “no one size fits all” and different flexible work options may be offered in line with business needs.
17.2. The Council will offer a nine (9) day fortnight to all Stream B and C employees staff working in a crew (i.e. staff who are not primarily engaged in isolated roles). Various other flexible work arrangements may otherwise be offered to employees for new and vacant positions in line with organisational and employee requirements.
17.3. For all full-time roles at the date of certification of this Determination, a nine (9) day fortnight will apply, with the exception of positions listed in Schedule 6 and areas outlined in Schedule 4 which may be advertised under alternate arrangements.
17.4. The parties acknowledge that Schedule 6 needs replacing and agree to review the Schedule, over the course of the Determination, with the view to remove the Schedule and replacing it with a live register, which is accessible to all parties. The register will be tabled quarterly at JCC meetings.
17.5. For all new and vacant positions, varied working arrangements will be offered including but not limited to the following:
17.6. In applying Clauses 17.3 and 17.5 for new or vacant roles, the Council will consult with the relevant union/s prior to altering the working arrangements of the current role. Full consideration will be given to the concerns of the union/s, and excluding confidential information, all relevant information requested will be supplied. Following consultation, which will include the provision of a business case outlining the reasons for any change linked to productivity and efficiency, the position may be advertised under an alternate arrangement. In the event the relevant union/s disagree with the Council’s assessment the matter may be dealt with under the dispute resolution provision of this Determination commencing at Step Three (3).
Stream B and C employees working in a crew will not be subject to a business case to alter working arrangements from a nine (9) day fortnight.
17.7. On receipt of two (2) days' notice, an employee can be asked to work on a RDO with such RDO to be reallocated to a mutually agreeable day between the employee and manager, without attracting penalty rates. If a mutually agreeable day cannot be found, penalty rates will apply.
17.8. An employee, with the consent of the Council, can bank up to a maximum of five (5) RDOs. Accrued RDOs over the five (5) day limit are to be paid out at single time in the next pay period.
17.9. Banked RDOs shall be taken at a time mutually agreed between the employee and the Council, and shall be taken within twelve (12) months of the date on which it is accrued.
17.10. Where a public holiday falls on an employee's day off, the employee shall be paid a days’ wages at ordinary rates or be granted a further days’ leave to be taken at a mutually convenient time. If not taken before the next period of annual leave, it shall be added to that entitlement.
17.11. Agreement to work an RDO or to take an RDO shall not be unreasonably withheld.
17.12. An employee who is on personal leave on their scheduled RDO, or whose accrued day off occurs while they are absent on personal leave, is not entitled to access personal leave entitlements for the RDO and shall not receive any further time off in lieu.
18. ROSTERED DAYS OFF (RDO) – CUSTOMER SERVICE
18.1. Employees in Customer Service are permitted to access the nine (9) day fortnight provisions contained within Clause 17 of this Determination, subject to the preparation in advance of a twelve (12) month rotating roster, that identifies the days on which staff are to take their RDO.
18.2. Under the Roster, employees will have every second RDO on a Tuesday, Wednesday or Thursday on rotation in accordance with the published roster.
18.3. Employees will be permitted to swap their RDO with the approval of their immediate supervisor or coordinator. Customer Service employees will be required to work 8.07 hours per day to accrue an RDO every nine (9) days.
18.4. For the purposes of this Clause, Customer Service employees means those staff employed in customer service and call centre roles in the Customer Service function within Shared Services.
PART FIVE – SALARY AND WAGES
19. SALARY AND WAGES
19.1. The salary levels for the life of this Determination, and, where applicable, increment within each level, are set out in Schedules 1, 2 and 3 of this Determination.
19.2. The salary increases that have been applied to create these Schedules reflect the administrative increase paid to employees by the Employer as well as the decision of the Commission in matter CB/2021/10. These increases are as follows:
19.2.1. From the first full weekly pay period after 1 July 2020 2% for Stream A staff and 1.5% plus $250 increase to base salary for Stream B and Stream C staff.
19.2.2. From the first full weekly pay period after 1 July 2021 2.5% for all staff.
19.2.3. From the first full weekly pay period after 1 July 2022 2.5% for all staff.
19.2.4. From the first full weekly pay period after 1 July 2023 2.5% for all staff.
19.3. Nothing contained within this Determination shall preclude the Council paying an employee at a higher rate than that prescribed in Schedules 1, 2 and 3 of this Determination.
19.4. Apprentices will be paid in accordance with the appropriate percentages as defined by the QIRC Order – Apprentices’ and Trainees’ Wages and Conditions (excluding certain Queensland Government Entities) 2003 in accordance with the relevant Engineering Persons C10 rate contained in Schedule 2 of this Determination.
19.5. Trainees will be paid in accordance with the relevant level of the Training Wage Award – State 2012 and not as per Schedules 1, 2 and 3 of this Determination.
20. PAYMENT OF SALARY AND WAGES
20.1. Salaries and wages shall be paid weekly, into the nominated accounts, on the following Thursday.
20.2. Payment will be made by electronic fund transfer to a bank or other financial institution nominated by the employee receiving the salary or allowance.
20.3. Should an error occur through no fault of the employee in regard to payment and as a result bank charges are applied to the employee, it is agreed that the Council will honour all such fees upon receipt of relevant documentation from the employee’s financial institution.
20.4. Where an employee's employment is terminated by the Council (where written notice is given by the Council), all termination pay shall be received by the next business day, or if mutually agreed on the next full pay period.
21. SALARY INCREMENTS
Salary Increments for Stream A Employees
21.1. Movement to the next highest salary point within a level will be by way of annual increment subject to the employee having given satisfactory performance in accordance with a Staff Development and Appraisal System developed by the Council in consultation with employees, who may be represented by their nominated representative in such consultation.
21.2. Where the Council has implemented a Staff Development and Appraisal System the initial appraisal is to be conducted in line with the anniversary date (i.e. twelve (12) months from the commencement with the Council) or an earlier date, as determined by the Council, provided that there is no financial detriment to an employee. Subsequent appraisals are to be conducted annually, other than in circumstances where the appraisal date has been amended to reflect that:
21.3. Where the Council fails to conduct the appraisal within two (2) months of the appraisal date falling due, movement to the next highest salary point (where applicable) will not be withheld. The only exceptions being:
21.4. Where the Council chooses not to implement a Staff Development and Appraisal System, movement between salary points will occur at yearly intervals.
22. JUNIOR RATES OF PAY
22.1. Except as otherwise provided in this Clause, the Council will not apply junior rates of pay. All employees will be paid the applicable adult wage rates within this Determination for the respective classification level and salary increment for all worked performed in accordance with the classifications specified within the applicable parent Award for the employee.
22.2. Should the Council commence or take back a business activity, or, where the payment of junior rates is required due to industry competitiveness or continued sustainability of said business, then, upon written submission to the union parties to this Determination identifying the need for junior rates, the parties may agree in writing to apply junior rates. In this situation the parties will not unreasonably withhold agreement.
22.3. Clauses 22.1 and 22.2 will not apply to Apprentices and Trainees (as defined) covered by this Determination, with Clauses 19.4 and 19.5 respectively providing salary and wages for Apprentices and Trainees.
23. ALLOWANCES
Only allowances prescribed within this Determination, or the underpinning Award/s outlined in Clause 4.1 will be paid.
23.1. Availability / On-Call Allowance
23.1.1. Employees covered by this Determination required to standby for emergency work outside ordinary hours shall be paid an allowance for each day during which they are so required to standby.
23.1.2. An employee required to remain on-call during any day and/or night, outside their ordinary working hours, shall be paid $45 for each day during which they remain on- call. This allowance shall increase by 2.5% on the first full pay period after 1 July 2022, and 2.5 % on the first full pay period after 1 July 2023.
23.1.3. If the employee is called upon to respond and deal with calls from home, the employee will be entitled to a minimum of one (1) hour's pay at ordinary time in addition to the on-call allowance. Subsequent calls within the same hour do not trigger additional payments except where work extends beyond the initial minimum one (1) hour or within other paid time.
23.1.4. If the employee is required to leave home to respond to a call for work, they shall be entitled to payment of a minimum three (3) hours at the applicable overtime rate for such work. Subsequent calls within the three (3) hour period do not trigger additional payments except where work extends beyond the three (3) hour period, in which case overtime rates apply for additional time worked. Calls falling outside the minimum three (3) hour engagement will attract a subsequent minimum three (3) hours payment at the applicable overtime rate.
23.1.5. An employee whose period of required availability includes or coincides with a public holiday shall be paid an additional day's pay at ordinary rates for each public holiday during the period of availability or, at the employee’s request, have an additional day added to their annual leave accrual. If these additional days are not utilised within six (6) months from the date of accrual the Council at its sole discretion, may elect to pay the additional day’s accrual out to the employee at ordinary time.
23.1.6. Employees required to remain on call must be:
An employee subject to this Clause who cannot be reasonable contacted or refuses to perform the emergency work for legitimate or other reasons will forfeit any allowance provided for in this Clause.
23.1.7. Clause 23 will not apply to employees who have been provided with mutually-agreeable alternative arrangements/benefits to compensate for being available to perform emergency work.
23.2. Corporate Uniform/Personal Protection Equipment (PPE)
All employees will be supplied with either PPE or a corporate uniform allowance, depending on the nature of the employee’s work.
23.3. Personal Protection Equipment
23.3.1. All PPE provided to employees will be replaced on a fair wear tear basis subject to the damaged item being handed into the Council’s stores.
23.3.2. The Council will supply each employee, who requires it for approved work purposes, with one (1) waterproof high visibility jacket (style and brand to be determined by the Council). Replacement of this jacket is to be on a fair wear and tear basis, subject to the damaged item being handed into the Council’s stores.
23.3.3. PPE will continue to be issued at engagement, where mandatory.
23.3.4. Full-time employees will be issued with a five (5) day supply of PPE workwear.
23.4. Corporate Uniform Allowance
Corporate Uniform allowance as provided within this section will not apply until successful completion of the probationary period.
23.4.1. Full-Time Employees
The corporate uniform allowance (quoted exclusive of GST) is available as follows:
23.4.2. Part-Time/Job-Share Employees
The initial allowance (after successful completion of the probationary period) and subsequent annual allowances payable to a full-time employee will be payable to a part-time/job-share employee on the following pro rata basis:
23.4.3. Maximum Term Employee/Casual Employees/Trainees
Employees in these categories are not entitled to the corporate uniform allowance. However the Council may provide uniforms where appropriate. Mandatory PPE will continue to be issued.
The corporate uniform is selected and identified by the Council and is supplied through a Council contracted supplier and is available to staff in accordance with the contract delivery mechanism.
The corporate uniform allowance is available for the following items of clothing bearing the Council logo:
23.5. Safety Boots
23.5.1. Council will provide safety boots to meet the minimum requirements for the work to be performed. Should an employee elect to purchase their own boots Council will contribute up to the value of $150 (exclusive of GST) on a fair wear and tear basis in circumstances where the nature of the work has established the need for such foot protection.
23.6. Prescription Safety Glasses
23.6.1. The Council commits to continue to have a policy that, in approved situations, outlines how the cost of prescription safety glasses are reimbursed initially and replaced on a fair wear and tear basis with the amended reimbursement levels.
23.7. Tradespersons Allowance
23.7.1. For the purpose of this Determination, a tradesperson means a qualified tradesperson covered by the Stream C Award, who is engaged by the Council in the tradesperson's respective trade.
23.7.2. An all-purpose tradesperson’s allowance of $60.00 per week will be paid from the first full pay period after 1 July 2022. This allowance shall increase by 2.5% on the first full pay period after 1 July 2023.
23.8. Arborist Allowance
23.8.1. For the purpose of this Clause, an Arborist means a qualified Arborist who has completed, at a minimum, a recognised three (3) year Arborist apprenticeship as defined by the Queensland Training Information Service (QTIS), who is engaged by the Council in the respective field and there is an essential requirement for the qualification in the position description.
23.8.2. An all-purpose Arborist allowance of $45.00 per week will be paid from the first full pay period after 1 July 2022. This allowance shall increase by 2.5% on the first full pay period after 1 July 2023.
23.9. Working in Unpleasant Conditions Allowance
All allowances listed in this section may be annualised as per Clause 13.16, 13.17, and 13.18 of this Determination.
23.9.1. Toilet Cleaning Allowance
Employees required to clean toilets or dog/cat pound/s, other than merely by hosing waste through the drain, shall be paid an allowance at the rate of $7.50 per day from the first full pay period after 1 July 2022. This allowance shall increase by 2.5% on the first full pay period after 1 July 2023.
23.9.2. Toilet Cleaning (Especially Dirty)
In addition to the Toilet Cleaning Allowance in Clause 23.9.1, employees engaged to clean toilets that are especially dirty or unpleasant, e.g. walls covered in human faeces/excrement, shall be paid at the rate of time and a half (½).
Supervisor approval is required prior to claiming this allowance.
23.9.3. Live Sewer Allowance
An employee engaged in cleaning covered drains, cleaning septic tanks, on live sewer work involving personal contact with live or raw sewerage, shall be paid at the rate of time and a half (½). Supervisor approval is required prior to claiming this allowance. Such payment shall continue until the employee finishes work or until the employee is able to change their clothing.
This Clause will also apply to all staff for work carried out on live sewers.
23.9.4. Palm Frond
An employee engaged in removing palm fronds with the use of an elevated work platform and the employees removing those palm fronds once felled to the ground involving personal contact with animal droppings, shall be paid at the rate of time and a half (½).
The allowance will only apply to the employees performing the work and will not apply to spotter staff on ground. Supervisor approval is required prior to claiming this allowance.
23.9.5. Trade Waste Staff (Existing employees)
Existing Trade Waste Inspectors, Assistants or Senior Trade Waste Inspectors while primarily engaged in inspections or sampling shall be paid an allowance equivalent to 1.5 hours’ ordinary time payment per day to a maximum of six (6) hours per week. The allowance will not apply during periods of leave.
For example: if an employee is away from work on personal or annual leave for three (3) days, the payment would be equivalent to a maximum three (3) hours ordinary time payment.
Any new trade waste employee, employed after the date of certification of this Determination, will only be paid for all time actually worked in unpleasant conditions at the rate of single time in addition to the rate otherwise payable.
23.9.6. Working at Heights Allowance
An employee working at a height of from 15.24 metres to 22.86 metres from the ground or nearest horizontal plane shall be paid an additional $1.19 per hour.
An employee working at a height of over 22.86 metres from the ground or nearest horizontal plane shall be paid an additional $1.28 per hour.
23.10. Asbestos
23.10.1. An employee required to use materials containing asbestos, to work in close proximity to employees using such materials or engaged in asbestos eradication shall be paid an additional $1.75 per hour for the actual time so engaged in lieu of all special rates, except those for Clauses 13.22 (second hand timber), 13.24 (swing scaffold) and 13.28 (work in excessive heat) of the Stream C Award - Division 2 - Section 1 (Building Trades Services).
23.10.2. 'Asbestos eradication' is defined as work on or about buildings involving the removal or any other method of neutralisation of any materials which consist of, or contain, asbestos.
23.11. Silica Allowance
The principal operator who is the employee required to cut materials containing silica shall be paid an additional $1.75 per hour for the actual time so engaged in lieu of all special rates, except those for Clauses 13.22 (second hand timber), 13.24 (swing scaffold) and 13.28 (work in excessive heat) of the Stream C Award - Division 2 - Section 1 (Building Trades Services).
23.12. Leading Hand Allowance
All Leading Hand Allowances shall increase to $8.09 per day from the first full pay period after 1 July 2022. This allowance shall increase by 2.5% on the first full pay period after 1 July 2023.
23.13. Grave Diggers Allowance
To replace existing allowances for grave digging duties which involve exhumation, human seepage and working in wet holes, Council employees assigned to such duties may claim double time for the actual time spent on said duties.
23.14. Locality Allowance
The Council will pay to eligible Stream A employees the higher locality allowance between Mackay, Mirani and Sarina areas as defined in the Stream A Award.
23.15. General Administrative Allowance (GAA)
23.15.1. In accordance with the intention of Clause 23 - allowances, only allowances entitled will be paid. In recognition of the determination that allowances had been inaccurately claimed historically, the MRC Certified Agreement 2017 introduced a GAA to compensate employees engaged at that time for the removal of certain allowances. The GAA only applies to those employees currently entitled to, and in receipt of the GAA, at the date of commencement of this Determination.
23.15.2. The GAA will remain in place when an employee, who is in receipt of a GAA, transfers to a like for like position (e.g. Level 3 Labourer in Parks & Environment to a Level 3 Labourer Parks & Environment in a different section).
23.15.3. The GAA is a stand-alone payment and is not subject to increase.
23.16. Increase to Allowances
Award based allowances shall increase in accordance with Award provisions, with the exception of those assigned a rate in this Determination.
24. CLASSIFICATION AND RECLASSIFICATION
24.1. Classification and reclassification provisions shall be applied to employees as per the full provisions of the relevant parent Award/s outlined in Clause 4.1, applications and must be forwarded to People & Culture in the first instance to ensure registration. The employee will receive written notification, via email, that their application has been received.
24.2. The reclassification procedure will not exceed a period of eight (8) weeks following the submission of a request for reclassification. In the event of this being exceeded and the application is successful, the employee shall be back paid to the date the application is made.
24.3. The reclassification procedure will be in accordance with Council Policy – Reclassification, as amended.
25. HIGHER DUTIES
Higher duties provisions shall be applied to employees as per the full provisions of each employee's relevant parent Award outlined in Clause 4.1 of this Determination.
Higher Duties for Stream B and C Employees
25.1. Except as otherwise provided in this Clause, any formal direction given to an employee to perform higher duties will result in the employee being paid at the higher rate for a full day if it is over four (4) hours, or the actual time involved in performing higher duties if it is less than four (4) hours.
25.2. Where the higher duties are for a duration beyond one (1) month, the employee will be given written notification for the period for which they are to work in the higher duties position, date to commence and cessation date. The cessation date can be extended by mutual agreement.
25.3. Where an employee is performing higher duties for a prolonged period exceeding six (6) months, a review will be undertaken by the Council in consultation with the employee performing the higher duties, of the position and level and continued need for higher duties or appointment to the position. Within one (1) month of the review having been commenced the employee will be notified in writing of the outcome of the review.
26. OCCUPATIONAL SUPERANNUATION
26.1. The Council shall contribute superannuation payments pursuant to the terms and conditions as set out in the Local Government Act 2009 and the Local Government Regulations 2012.
26.2. The Council will contribute above what is required by the applicable legislation, in the following scenarios:
26.2.1. All employees who are in receipt of the Government Paid Parental Leave payments, will receive superannuation payments in accordance with the Superannuation Guarantee as set out in the applicable legislation; and
26.2.2. All employees who earn less than $450.00 per month, will receive superannuation payments on their base hourly rate (without loading) in accordance with the Superannuation Guarantee as set out in the applicable legislation.
26.3. Contributions made in accordance with this Clause will be made to a fund as nominated by the employee at the commencement of their employment. Any changes to the employee's nominated fund may only be made annually.
27. SALARY SACRIFICE
Salary sacrifice provisions shall be available to all employees under the following terms:
27.1. Employees may elect to take their salary by means other than money by way of a salary sacrifice arrangement. The CEO or authorised representative, on behalf of the Council and an employee may agree in writing that the employee can sacrifice a part of their salary to benefits agreed between the parties, including superannuation.
27.2. The salary of the employee for the purpose of any allowance or payments which are directly related to the employee’s salary shall be the pre-salary sacrifice rate of pay, that is, the salary set out in this Determination and subsequently increased in accordance with this Determination.
27.3. The Council encourages the employee to seek independent financial advice prior to entering any salary sacrifice arrangements.
27.4. All salary sacrifice agreements will be subject to any Federal taxation laws and rulings affecting salary sacrifice arrangements that may be introduced or amended from time to time and, in the case of superannuation, to the requirements of the relevant superannuation scheme.
26.5. Any additional tax payable will be deducted from the employee's remuneration.
PART SIX – LEAVE
28. ANNUAL LEAVE
28.1. Accrued entitlements are to be paid at the pre income maintenance rate of pay for employees who are redeployed to a lower classification level when leave is taken.
28.2. When an employee accepts redeployment to a position that is a lower classification level than their previous classification level, the Council agrees to pay the employee’s accrued entitlements at the maintained income/salary/wage.
28.3. Reducing Excess Annual Leave Accruals
28.3.1. Providing that the employee has had reasonable opportunity to take annual leave, the Council may instruct employees to take any annual leave in excess of two (2) years' entitlement, subject to the Council providing eight (8) weeks' written notice prior to the date the excess leave is to be taken.
28.4. Annual leave as prescribed in Clause 28.8 is not to accrue during periods of leave without pay authorised by the Council or otherwise and which exceed three (3) days. For the purposes of calculating the three (3) days for this provision, each period of leave without pay taken by an employee must be treated separately and such periods cannot be treated cumulatively.
28.5. For the purpose of this Clause, "leave without pay" does not include any period of absence of less than three (3) months during which the employee is entitled to payment under the Workers' Compensation and Rehabilitation Act 2003.
28.6. Payment of Annual Leave
28.6.1. Annual leave shall be exclusive of any statutory holiday occurring during the period of that annual leave and shall be paid for by the Council in advance, as follows:
28.6.2. On the termination of the employment of any employee, such employee shall be paid for any untaken annual leave standing to the employee's credit as at the date of termination.
28.6.3. An employee cannot change their annual leave election to contrive a personal advantage through higher payment on termination.
28.6.4. If the employment of an employee is terminated after a full year of employment, such employee shall also be entitled to ordinary pay for any statutory holiday which would have occurred had the employee taken the annual leave standing to the employee's credit at the termination of employment.
28.7. Time of Taking Leave
28.7.1. An employee may elect, with the consent of the Council, to take annual leave in single day periods or part of a single day not exceeding a total of ten (10) days in any calendar year, at a time mutually agreed between them.
28.7.2. Annual leave shall be paid in addition to any notice of termination of employment.
28.7.3. Employees will, at their request, be able to receive payment for annual leave either on a weekly or lump sum basis.
28.8. Annual Leave Entitlements
28.8.1. All employees may accrue either four (4) or five (5) weeks annual leave per annum by mutual agreement in writing between the employee and the Council in accordance with the salary scales provided for in this Determination.
28.8.2. In the absence of an agreement, for Stream A employees the default shall be five (5) weeks and for Stream B and Stream C employees the default will be four (4) weeks.
28.8.3. An employee may elect to revert to four (4) or five (5) weeks entitlement at any time. However, there is a maximum of one (1) change per annum.
28.8.4. Annual leave shall be given and taken at a time mutually convenient to the Council and the employee concerned as far as practicable provided that the Council, by giving at least one (1) months’ notice, may require an employee to take annual leave commencing not earlier than the anniversary of the date of such employee’s appointment. Annual leave shall be cumulative and when not taken by mutual agreement shall be added to the employee’s subsequent entitlements.
28.9. Annual Leave Loading
28.9.1. Subject to Clause 12 of this Determination, annual leave pay, including any proportionate payments, shall be calculated as follows:
28.10. Shut Down
28.10.1. The existing practice of shutdown for the entire Council (excepting those staff required to perform essential work and in nominated areas) between the Christmas and New Year period is to continue, with employees to utilise accrued leave, or other accrued time off, for this period.
28.10.2. By 1 September each year the Council will notify those staff deemed “to be required to perform essential work and in nominated areas” that they will be required to work over the shutdown period between Christmas and New Year.
28.10.3. The parties recognise that sections of Engineering Services historically reduce operations to assist with leave considerations. The parties agree this practice will continue, providing appropriate notice is provided by both the Council and the employees.
29. PERSONAL LEAVE
The provisions of this Clause apply to full-time and part-time/job-share and maximum term employees (on a prorata basis) but do not apply to casual employees. The entitlements of casual employees are set out in Clauses 9.6 to 9.12 of this Determination.
29.1. Amount of Paid Personal Leave
29.1.1. Paid personal leave is available to an employee, other than a casual employee, when they are absent on:
29.1.2. Personal leave accrues at 1.25 days’ leave for each month of employment to a total of fifteen (15) days per annum, and accrues from month to month and year to year.
29.1.3. Personal Leave may be taken for a portion of the day.
29.2. Accumulation of Personal Leave
29.2.1. Personal leave may accumulate to a maximum of fifty-two (52) weeks. Employees with an accrued balance in excess of fifty-two (52) weeks will retain their accrued balance as at the date of commencement of this Determination.
29.3. Effect of Workers’ Compensation
29.3.1. If an employee is receiving workers’ compensation payments, they are not entitled to personal leave.
29.4. Transfer Entitlement
29.4.1. Where a transfer entitlement exists, credit shall be allowed for personal leave accumulated with previous employing local government authorities provided that the employee’s service between such local government authorities has been continuous and that the employee at the time of engagement produces a certificate from the immediately previous local government authority certifying the amount of personal leave accumulated to the employee’s credit.
29.4.2. In respect of any such engagement of an employee by Council prior to 1 September 1974 the maximum credit for accumulated personal leave shall be restricted to seventy-five (75) days.
29.5. Sick Leave
29.5.1. Sick leave for personal injury or sickness is contingent on the employee promptly notifying the Council of:
29.5.2. An employee is entitled to use the full amount of their personal leave entitlement, including accrued leave for the purposes of personal illness or injury, subject to the conditions set out in this Clause.
29.6. Any absence on personal leave that exceeds two (2) consecutive days shall be contingent upon production by the employee concerned of either a certificate from a duly qualified medical practitioner or other evidence of illness satisfactory to the Council.
29.7. Notwithstanding the foregoing, an employee shall not be entitled to payment for absence through illness or injury in respect of which workers’ compensation is payable or through injury sustained outside the scope of the employee’s employment caused by or contributed to by the employee's own negligence or participation in sport or games in respect of which the employee receives any payment by way of fee or bonus.
29.8. If an employee, while absent from duty on annual leave granted pursuant to Clause 28 – annual leave of this Determination, is overtaken by illness the employee shall, on production of a certificate signed by a duly qualified medial practitioner certifying that such employee is incapacitated by such illness to the extent that the employee would be unfit to perform normal duties for a period of not less than five (5) days, be entitled on application to have such period of illness which occurs during the employee’s annual leave debited to the employee’s personal leave entitlements and the employee’s annual leave entitlement shall be adjusted accordingly.
29.9. If an employee, whilst absent from duty on long service leave, is overtaken by illness the employee may, subject to the provision contained in this Clause, be entitled on application to have such period of illness which occurs during the employee’s long service leave debited to the employee’s personal leave entitlement and the employee’s long service leave entitlement shall be adjusted accordingly, provided that:
29.10. Carers Leave
29.10.1. If required by the Council, the employee shall establish by production of a medical certificate or statutory declaration, the illness of the person concerned or details of the unexpected emergency.
29.10.2. The employee shall, wherever practicable, give the Council notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the Council by telephone of such absence at the first opportunity on the day of the absence.
29.10.3. An employee may take unpaid carers leave by agreement with the Council.
29.10.4. An employee taking unpaid carer's leave may, with the consent of the Council, work “make-up time” under which the employee takes time off during ordinary hours and works those hours at a later time, during the spread of ordinary hours provided by this Determination.
29.10.5. Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care or support or who require care due to an unexpected emergency. The Council and the employee shall agree on the period. In the absence of an agreement, the employee is entitled to take up to two (2) days (up to a maximum of sixteen (16) hours) of unpaid leave per occasion.
30. PUBLIC HOLIDAYS
Public Holidays will be managed as per the relevant parent Award/s outlined in Clause 4.1 of this Determination.
30.1. By mutual agreement, employees are able to work on a public holiday and substitute another day for the public holiday, without penalty.
30.2. Where a public holiday coincides with a RDO, the employee may elect to substitute another day for the RDO.
31. LONG SERVICE LEAVE
Long service leave shall be in accordance with the relevant parent Award/s outlined in Clause 4.1, subject to the following:
31.1. Where an employee is suffering extenuating circumstances resulting in financial hardship, they may apply to the Council to cash-out their existing long service leave entitlement.
31.2. Long service leave may be taken in periods of not less than one (1) week. The CEO may approve shorter periods in extenuating circumstances where no other paid leave is available.
31.3. An employee may apply in writing for long service leave to be taken at half (½) pay for double the period of an accrued entitlement. Applications will be considered by the CEO on a case-by-case basis.
31.4. Employees shall accrue 1.3 weeks per year of service. A full entitlement shall accrue after ten (10) years of continuous service. Prior to completing ten (10) years of service, employees who have completed a minimum of seven (7) years of continuous service with a Queensland local government shall be entitled to apply for access to pro-rata paid long service leave under this Determination.
32. PARENTAL LEAVE
All parental leave entitlements will be in accordance with the full provisions of the relevant parent Awards outlined in Clause 4.1 of this Determination, subject to the following:
32.1. Parental Leave
32.1.1. For the purposes of this Clause, 'parental leave' is defined as one (1) continuous period of leave during which the employee is the primary carer in relation to the birth, adoption or surrogacy of their child.
32.1.2. The Council will pay parental leave to eligible staff subject to the following:
32.2. Parental Leave (Non-Birth Partner)
The Council will pay parental leave to eligible staff who are the non-birth partner, subject to the following:
32.3. Additional Leave
Any birth-parent employee departing on parental leave may access:
33. BEREAVEMENT LEAVE
33.1. All full-time and part-time employees are entitled up to two (2) paid days bereavement leave on such occasion and on production of a satisfactory evidence (if required by the Council) of the death of either a member of the employee’s immediate family or household. This leave is only available to a part-time employee where they would normally work on either or both of the two (2) working days following the death.
33.2. A further two (2) days' sick leave without the production of a medical certificate may be utilised in situations where the employee remains unable to attend work due to bereavement.
33.3. Excess Travel or Specific Cultural Responsibilities
33.3.1. An employee may, on the death of a member of their immediate family or household access up to three (3) days' personal leave credits or three (3) days' leave without pay as bereavement leave in situations where excessive travel or specific cultural responsibilities need to be met. Proof of such death shall be furnished by the employee to the satisfaction of the Council.
33.4. Unpaid Bereavement Leave
33.4.1. Where an employee has exhausted all bereavement leave entitlements, including accumulated leave entitlements, the employee is entitled to take unpaid bereavement leave.
33.4.2. The Council and employee should agree on the length of the unpaid leave. In the absence of an agreement, a full-time employee is entitled to take up to sixteen (16) hours unpaid leave, provided the requirements of Clause 33.1 are met and a part-time employee is entitled to take up to two (2) days' unpaid leave, to a maximum of sixteen (16) hours, provided the requirements of Clause 33.1 are met.
34. DOMESTIC AND FAMILY VIOLENCE LEAVE
34.1. An employee experiencing domestic and family violence will have access to up to twenty (20) days per year of paid special leave for medical appointments, legal proceedings and other activities related to domestic and family violence. This leave will be in addition to existing leave entitlements and may be taken as consecutive or single days, or as a fraction of a day, and can be taken without prior approval in extenuating circumstances.
34.2. An employee who supports a person experiencing domestic and family violence may take carers leave to accompany them to court, to hospital, or to mind children.
34.3. The Manager People & Culture may request proof of domestic and family violence prior to the granting of Domestic and Family Violence Leave.
34.4. The Council commits to continue to have a policy that in approved situations outlines the leave to be used to cover time off for domestic and family violence events and support provided by the Council as detailed in the existing policy. However, the amount of special leave (up to twenty (20) days per year) will not change for the life of this Determination.
35. NATURAL DISASTER LEAVE
The Council commits to have a policy that, in approved situations, outlines the leave to be used and process applicable to cover time off for natural disaster events.
36. CULTURAL AND CEREMONIAL LEAVE
Recognising that cultural diversity enhances the workplace and aids equal opportunity and anti- discrimination goals of the Council being met, the parties agree that:
36.1. An employee who identifies as coming from such a background shall be given reasonable opportunity to practice the spiritual and cultural requirements of their culture.
36.2. Where an employee chooses to practice spiritual or cultural beliefs which take them away from worksite or workplace, the employee will be required to apply for annual leave, RDO, TOIL or leave without pay for these purposes.
37. SERVICE LEAVE
Service leave shall be in accordance with the relevant parent Award/s outlined in Clause 4.1 of this Determination.
38. LEAVE WITHOUT PAY FOR SPECIAL CIRCUMSTANCES
38.1. Leave without pay for special circumstances will be available to all employees at the discretion of the CEO or delegated officer and such leave will not constitute a break in the continuity of service of the employee.
38.2. Leave granted in excess of three (3) months does not count as service when calculating the period of service for any purpose of this Determination or parent Award/s. However, it will not constitute a break in continuity of service. Leave granted for up to three (3) months while accruing service does not accrue any other benefits or accruals.
39. TRANSITION TO RETIREMENT ARRANGEMENTS
39.1. Transition to retirement arrangements may be available to those employees considering full-time retirement from the workforce who wish to facilitate this via a transition period to retirement, should there be mutual benefit of the employee and the Council.
39.2. This is to facilitate the transfer of corporate knowledge, skills and provide guidance and mentoring to other employees prior to retirement, for the mutual benefit of the employee and the Council.
39.3. Transition to retirement arrangements may include but are not limited to the following:
39.4. Any such arrangements between the Council and the employee will be reached through consultation and will be documented in writing confirming the agreed pattern of work required, which may include (as applicable) weeks to be worked over the period, minimum ordinary hours per week, the days on which the work is to be performed and daily starting and finishing times.
39.5. These arrangements through consultation may be varied by mutual agreement between the employee and the Council, with any agreed amendments documented.
39.6. All accrued leave entitlement balances accrued immediately prior to accepting a transition to retirement arrangement will be recognised at time of the arrangement. On commencement of the transition to retirement arrangement, all leave will then accrue in accordance with the relevant hours of work Clauses within this Determination and/or applicable parent Award.
PART SEVEN – EMPLOYMENT SECURITY, CONSULTATION, COMMUNICATION AND MANAGEMENT OF WORKPLACE CHANGE
40. JOINT CONSULTATIVE COMMITTEE (JCC)
40.1. The Council and the union parties to this Determination agree to establish and maintain a JCC.
40.2. The purpose of the JCC is to act as the primary consultation and industrial relations forum between management and union/s concerning all employment and industrial matters at the Council.
40.3. This forum is not for the resolution of workplace disputes nor the first point of call for individual employment issues that may arise, which are to be addressed via the grievance and dispute settlement procedures contained in this Determination.
40.4. Union/s and management are committed to achieving improved and effective consultation in the workplace and agree that cooperative consultation will provide employees with an opportunity, through their union/s and committee representatives, to participate fully in decisions which impact on their working lives and improve productive performance.
40.5. The parties commit to the effective operation of the JCC and will provide the necessary support to successfully implement its agreed terms of reference charter.
40.6. Structure of Composition
40.6.1. The JCC comprises representatives of the Council's management, and union officials and union delegates from the unions listed as parties to this Determination who represent employees.
40.6.2. The committee will comprise of Council representatives and union representatives (officials and delegates) from the union/s listed as parties to this Determination. The parties acknowledge for the committee to operate effectively there should be no more than a maximum of thirty (30) participants in total at any one time. It is recognised that there needs to be a cross section of the workforce represented by the union/s at the committee and to allow this Council representatives will not exceed eight (8).
40.6.3. A quorum for each meeting is required and shall comprise of a minimum of 50% each of Council representatives and union representatives.
40.6.4. The secretary for the JCC will maintain the listing of nominated committee representatives (and proxies) for union/s and Council representatives.
40.6.5. Each committee representative will be entitled to nominate a proxy to attend when they are unable.
40.6.6. It is also acknowledged that there may be occasions when it will be necessary to invite additional representatives to JCC meetings, extending the number beyond the maximum of thirty (30) participants. Where this is likely to occur it is the responsibility of the parties to advise in advance to the chair of the necessity to extend the maximum participation numbers, which will not be unreasonably withheld.
40.7. Terms of Reference
40.7.1. The JCC shall meet regularly and at least on a bi-monthly basis, to receive and review for consultation information about the Council and its workforce, and to consider all industrial and employment matters that may impact the workforce, including but not limited to:
40.8. Chairperson
40.8.1. JCC meetings shall be chaired by the CEO or delegated representative.
40.9. Agenda
40.9.1. All members of the JCC can submit agenda items for discussion in line with the terms of reference. All relevant written information and documents must be circulated with the agenda to members of the committee at least one week prior to the meeting. This does not prevent the parties raising matters, under late business, that arise post the circulation of the agenda. At the commencement of the meeting late business items that the parties wish to raise should be identified to the chair for their inclusion on the agenda.
40.9.2. Employment policies define the standards and procedures to be applied to ensure compliance by all employees with legislative and organisational requirements. Employment policies do not alter or override the terms of this Determination. The parties to this Determination understand the value of policies in forming an important aspect of the employment relationship.
40.9.3. Stakeholder identification is a key step in the Council’s policy process development and/or review. The Council acknowledges that unions are a key stakeholder in respect of employment matters. Consequently, as part of the review or development of employment policies, the Council will refer all proposed new employment policies or changes or proposed termination of existing employment policies to the JCC for consideration as part of the stakeholder consultation process. For the purpose of this Clause, an 'employment policy' is any Council policy which affects an Award-based employee’s conditions of employment e.g. safety.
40.10. Minutes
40.10.1. The Council will provide a minute secretary at each meeting. The secretary to the JCC will be responsible for the production of the minutes of the meeting. At the completion of late business, time will be allocated on the agenda to formalise the minutes. A copy of the minutes will be made available within one (1) week of the meeting to all JCC members and posted on the Council's intranet and noticeboards for viewing by employees.
41. TRANSMISSION OF BUSINESS
41.1. This Clause will apply where the Council:
41.1.1. Proposes to transmit to a new employer the business or any part of the business covered by this Determination;
41.1.2. Transmits to a new employer the business or any part of the business covered by this Determination.
41.2. Where the Council proposes to transmit the business or any part of the business, the Council shall:
41.2.1. Notify the employees affected and the relevant union/s of the proposed transmission; and
41.2.2. Discuss with the employees affected and the relevant union/s the effect of the transmission of business.
41.3. The discussion will commence as soon as practicable after a decision has been made by the Council to transmit the business or part of the business.
41.4. The Council will consider and respond to any reasonable concerns raised by employees and their relevant union/s about the terms of the proposed transmission. In the event of a dispute about the Council's response to concerns raised by employees, Clause 10 - Dispute Resolution process of this Determination will be utilised to resolve these concerns.
41.5. The Council shall provide in writing the name of the entity that is proposing to acquire the business or part of the business to facilitate discussions between the employees and their relevant unions and the proposed new employer.
41.6. The Council shall include as part of any tender specifications or offer of sale documents, and within any contractual arrangements with the proposed new employer, the obligation for the new employer to apply terms and conditions of employment, including the Council's contribution to superannuation, that are equal to or superior to those which applied to each employee immediate prior to the transmission of business occurring, including terms and conditions derived from this Determination, any applicable Award, policy or common law contract or other relevant employment arrangement applicable at that time of the proposed transmission.
41.7. The Council shall ascertain whether the proposed new employer proposes to recognise and accept responsibility for all previous service and accrued entitlements of employment arising from that service including, but not limited to, accrual of benefits and service in respect of:
41.8. If the proposed new employer does not propose to accept responsibility for, and recognise, all previous service and accrued entitlements, the Council must immediately, prior to the transmission of the business, pay to employees their accrued entitlements derived from all industrial instruments specified above and in doing so shall recognise all service with the Council (plus any previous service recognised by the Council) without limitation (e.g. no service thresholds for long service leave) including a redundancy payment in accordance with this Determination, based on recognition of all service with the Council.
41.9. It is expected that the new employer shall offer a contract of employment to transmitting employees in accordance with the provisions of this Clause. If the new employer does not offer conditions of employment equal to or superior to those provided by the Council on an on-going basis, an entitlement to a redundancy will be triggered and the Council must make the payments provided for in this Determination. Any new offer of employment/common law employment contract offered to transmitting employees will not include any period of probationary service with the new employer such as would exclude the transmitting employee from making a claim with regard to termination of employment. If a probationary period of employment and/or qualifying period of employment is included in any offer of employment with the new employer such that a claim for relief with regard to termination of employment either period would be prevented, an entitlement to redundancy will be triggered and the Council must make the payments provide for in this Determination.
41.10. To avoid doubt, the period of employment which the employee has had with the Council or any prior employer which has been recognised by the Council shall be deemed to be service of the employee with the new employer, for all purposes.
42. EMPLOYMENT SECURITY
42.1. The Council is committed to job security for its permanent employees who have a commitment to satisfactory work performance and will maintain a permanent workforce during the term of this Determination. The parties acknowledge that employment security for employees assists in ensuring workforce stability, cohesion and motivation and hence is central to achieving the objectives of this Determination.
42.2. Job reductions by forced redundancies will not occur during the life of this Determination. Natural attrition, redeployment and/or retraining will be the preferred option when implementing organisation changes that result in positions being no longer required.
42.3. The Introduction of Change provisions outlined below in Clause 42.7 will be implemented should such a situation occur.
42.4. Volunteers, other unpaid persons or trainees will not be used to permanently fill vacant positions.
42.5. Contracting / outsourcing of “in-house” services or functions
42.5.1. It is the clear position of Council to utilise and promote the use of its in-house Council employees for the undertaking of Council’s works, services and operations. During the life of this Determination, Council will minimise the contracting out or leasing of any works and services currently provided by Council. Council may seek to contract/outsource works and services currently provided “in-house” in the following circumstances:
42.6. Consultation Process
42.6.1. Where the Council seeks to contract out or lease any Council works and services provided by in- house Council employees in accordance with the above criteria, the relevant union/s will be consulted as early as possible. Discussions in accordance with Clause 42.8 – Council’s Duty to Notify must take place before any steps are taken to call tenders or enter into any otherwise legally binding arrangement for the provision of in-house services by an external provider.
42.6.2. The Council will ensure that all relevant union/s are aware of any proposals to contract out or lease in-house functions by providing the relevant union/s with formal written notification.
42.6.3. For the purpose of consultation, the relevant union/s will be given all relevant documentation where possible, including the proposed contract and schedules. It is the responsibility of the relevant unions to participate fully in discussions on any proposals to contract out or lease any Council functions.
42.6.4. The Council will be required to provide the unions as part of the written notification with the following information:
If, after full consultation as outlined above, employees are affected by the necessity to contract out or lease any in-house functions, the Council will:
42.7. Introduction of Change
42.7.1. This Clause applies where a major change is proposed where any of the following circumstances occur or exist:
42.7.2. Definitions:
For the purposes of this Clause:
Major change means a major change or group of related major changes that may have significant effects on an employee’s or employees’ employment, conditions and/or pay and includes major changes in production, program, organisation, structure or technology.
Significant effects include termination of employment, major changes in composition, operation or size of the workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and/or the restructuring of jobs.
Circumstance means any of the circumstances set out within this Clause.
Affected employee means each employee on whose employment, conditions and/or pay the major change may have significant effects.
42.8. Council’s Duty to Notify
42.8.1. As soon as practicable after Council receives in principle approval from the Executive Leadership Team (ELT) to propose a major change and prior to any decision being made or implemented, the Council will formally notify in writing each affected employee and the relevant unions/s of the proposed major change.
42.9. Council’s Duty to Discuss Change
42.9.1. As soon as practicable after Council receives in principle approval from the ELT to propose a major change, and prior to any decision being made or implemented, the Council will discuss the major change with the affected employees and the relevant unions/s, and the discussions will include, without limitation:
42.9.2. Council shall give prompt and genuine consideration to matters raised by affected employees and/or the relevant union/s in the course of or otherwise in connection with the discussions required by this Clause.
42.10. Council to provide information to facilitate discussions
42.10.1. For the purposes of the discussion, Council will provide in writing to the affected employees and the union/s all relevant information and documentation about the major change, including without limitation:
42.10.2. Where Council is proposing to undertake restructuring of Council’s organisation structure, Council must supply the affected employees and their union's representatives with a copy of the current organisational structure flowchart which includes the titles and classification levels of the positions, a copy of the proposed new organisation structure, including the new position titles and classification levels. Further, the Council is to supply a summary document of the proposed changes of the new structure including any current positions which are displaced and/or deemed redundant, proposed new positions, and a list of the potentially affected employees including Council’s proposal to mitigate the adverse effects on each affected employee.
42.10.3. Council will provide all relevant information, provided that the Council will not be required to disclose confidential information, the disclosure of which would be inimical to Council’s interest.
43. REDUNDANCY
43.1. Redundancy occurs where the Council has made a definite decision that it no longer wishes the job the employee has been doing done by anyone and that decision could lead to the termination of employment of the employee.
43.2. Where redundancy occurs, the Council undertakes to utilise options of:
With preference to maintaining employees whose permanent positions have become redundant in continued employment within the Council.
43.3. Where an employee is offered retraining, the employee is required to fully participate. This includes participating in training, applying for appropriate roles and not refusing suitable alternative employment at level.
43.4. Employees may be offered reasonable redeployment at level to a position anywhere within the Council with preference given to placement within the employees' occupational stream and skill set. Employees cannot refuse a position offered within their occupational stream at level for which they are capable of fulfilling or for which they would be capable with appropriate training in a reasonable agreed time frame.
43.4.1. Reasonable redeployment is defined as an alternate position at the employee's level, within the employee's current span and spread of hours and within the employee’s occupational stream and skill set for which they are capable of fulfilling or for which they would be capable with appropriate training in a reasonable agreed time frame.
The employee may claim that the position offered to them was not a reasonable redeployment and such disputes shall be dealt with in accordance with Clause 10 as set out in this Determination commencing at Step Three (3).
Where an employee refuses a position that is deemed to be suitable, after the dispute resolution process has been exhausted, they are deemed to have resigned their employment and will terminate without redundancy payment.
43.4.2. Where an employee accepts reasonable redeployment to a position at level, then for the first twelve (12) weeks the employee will still be considered for other vacant positions at level, prior to those vacant positions being advertised. If the employee accepts another position at level during the twelve (12) weeks, then the employee will be immediately appointed to that position, thereby completing the redeployment process, and no redundancy payments will apply. At the conclusion of the twelve (12) weeks the employee will be appointed to the position and the redeployment process concluded and no redundancy payments will apply.
43.4.3. As a last resort, and where suitable retraining or redeployment at level is not a viable option, then the employee will be offered a lower paid position which they are capable of fulfilling or the option of voluntary redundancy in line with severance pay provisions.
43.4.4. When an employee is transferred to a lower paid position, the appointment will be made at the highest incremental point within the appointed level (if applicable), with wage/salary at the previous rate prior to redeployment to be maintained for a period of six (6) months.
43.4.5. Leave entitlements of annual leave and long service leave accrued at the time of redeployment will be maintained and paid when taken at the applicable pre-deployment rate.
43.4.6. Employees accepting a role in a lower paid position will have twelve (12) weeks within which to confirm acceptance of such role, or then elect to accept voluntary redundancy in line with severance pay provisions.
43.4.7. Should any redeployment result in the employee being required to start work at a new site that is more than thirty-five (35) kilometres from the existing place of work the employee will be entitled to receive an allowance, for a period of six (6) months or alternatively receive a one off $5,000 home relocation allowance (on production of invoices) should they elect to move their place of residence closer to their new work site. The allowance payable shall be based on the distance in kilometres from the “old” worksite to the “new” worksite. The allowance payable will be as per the Australian Taxation Office
(ATO) vehicle guidelines.
43.5. Voluntary Redundancy
43.5.1. As well as from a result of redundancy activity, and in following the process outlined in this Determination, the Council reserves the right at its discretion to offer voluntary redundancy at any time to any employee, subject to such offer being made without pressure to the employee and for acceptance solely at the discretion of the employee.
43.6. Definitions
Business includes trade, process, business or occupation and includes part of any such business.
Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.
Weeks’ pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:
43.7. Severance Pay
An employee whose employment is terminated by reason of redundancy is entitled to severance pay of two (2) weeks' per year of service with a maximum of fifty-two (52) weeks payments as well as applicable notice provisions for termination and all other accrued entitlements payable on termination.
43.8. Alternative Employment
The Council, in a particular redundancy case, need not pay or comply with the general severance pay prescription if it obtains alternative employment acceptable to the employee.
This provision does not apply in circumstances involving transmission of business as set out in Clause 41.
43.9. Employees Exempted
Clause 43 does not apply to:
43.10. Incapacity to Pay
The Council need not pay or comply with the severance pay prescription on the basis of incapacity to pay.
43.11. Redundancy Disputes
42.11.1. Clauses 43.11.2 and 43.11.3 impose additional obligation on the Council where it contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute).
42.11.2. Where a redundancy dispute arises and if it has not already done so, the Council must, in good time, provide affected employees and the relevant employee representative (if requested by an affected employee) with relevant information including:
43.11.3. Where a redundancy dispute arises and discussions occur in accordance with Clause 43, the Council will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse effects of any proposed redundancies on the employees concerned.
44. NO FORCED REDUNDANCY
There shall be no forced termination of an employee as a result of redundancy during the life of this Determination.
PART EIGHT – OTHER PROVISIONS
45. EMPLOYEE ASSISTANCE PROGRAM
45.1. The Council will provide a specific confidential counselling service for all staff and members of their immediate family seeking to utilise such a service for matters affecting work performance.
45.2. The service can be accessed directly and initially without the need to seek approval.
45.3. Counselling visits are restricted to a maximum of five (5) visits for any one (1) individual staff member (and members of their immediate family) per year, after which time additional visits must be approved by Manager People and Culture.
46. WORKPLACE HEALTH AND SAFETY
46.1. The parties are committed to achieving healthier and safer jobs through workplace changes aimed at improved efficiency and productivity. This will be accomplished by continuing a consultative approach to managing OHS issues, which includes:
46.2. Consultation
46.2.1. Consultative mechanisms will continue to address OHS issues. Such mechanisms will include:
46.3. Training
46.3.1. Employee OHS representatives will be given paid leave to attend accredited OHS training courses.
46.3.2. Workplace training programs, including induction and on the job training, will outline Council's OHS policy and procedures, particular hazards associated with the job, control measures applicable to each hazard and how to utilise OHS systems to identify hazards and instigate preventive actions.
46.3.3. Management training programs will outline Council's OHS policy and procedures, particular hazards associated with the job, control measures applicable to each hazard and how to utilise OHS systems to identify hazards and instigate preventative actions.
46.4. Occupational Health and Safety (OHS) Program
46.4.1. The object of both the Council and employees is to provide a safe working environment for all employees. To further this objective an OHS Consultative Committee shall be maintained in accordance with relevant state or federal legislation in order to study, discuss and implement safe working methods and standards for carrying out the work.
46.4.2. Items of safety equipment and apparel shall be worn where directed and as required by relevant state and federal legislation.
46.4.3. The Council shall continue a procedure for collecting information on the nature of hazards and incidences of injury which includes:
47. HEALTH AND WELLBEING COMMITTEE
47.1. The Health and Wellbeing Committee will function with a membership representative of the entire workforce.
47.2. The Health and Wellbeing Committee will not be responsible for the consideration or settlement of disputes arising from this Determination, grievances or personal issues.
47.3. The objectives of the Health and Wellbeing Committee are:
47.4. The Council agrees to support a Health and Wellbeing Committee by way of secretariat support and reasonable resources for initiatives.
47.5. The Health and Wellbeing Committee to be represented by the entire workforce, with the Health and Wellbeing Committee to set its Charter including makeup membership, meeting dates etc.
48. TRAINING AND DEVELOPMENT
48.1. The parties to this Determination recognise that, in order to increase the long-term sustainability, efficiency, and competitiveness of the Council a strong and sustained commitment to training and skill development is required on both an individual and Council wide basis.
48.2. Accordingly, the parties commit themselves to optimising the capability, performance and career development options for employees by implementing the following:
48.3. The parties agree with respect to the training and career path development of employees, that each permanent employee will have access to learning processes and resources through a mutually agreed career development plan.
48.4. The career development plan will consist of a set of prioritised learning opportunities which should be reviewed annually and will be based upon the following:
48.5. The Council commits to ensuring that appropriate funds are set aside in each yearly budget to fully meet its training and resource requirements.
48.6. Should the employee’s access to learning processes and resources not be available within a mutually agreed timeframe, then the employee and the Council will review and possibly modify the career development plan.
48.7. Individual development plans should seek to professionally develop employees so that they can satisfy key position accountabilities and improve career development prospects, with a view to providing the Council with a highly skilled workforce, armed with the necessary skills to meet its future service operational requirements.
48.8. Any training associated with the development plan may be provided either externally or internally, off and on the job, to match the individual employee's development needs. This may include seeking advice and assistance from a recognised Competency Standards Advisory body (such as MISTAS) where required.
48.9. During the life of this Determination the Council undertakes to review succession planning and training needs analysis, aligning to both the Council's and employees' needs. This will include assessment of train the trainer requirements and utilisation of existing trained staff where appropriate.
48.10. The Council commits to the principle of succession planning across the whole of Council and will implement that principle as part of its workforce planning.
48.11. Where possible, training and development is to be carried out in normal working hours. It is agreed that no employee will suffer from loss of ordinary pay by participating in required training and skilled development (e.g. where an employee is rostered on a shift, any move to training outside shift hours to daytime ordinary hours will not result in a loss of the shift payment).
48.12. Where training can only be provided outside the normal hours and the employee agrees to participate, the payment for the training hours will be at ordinary rates or, where mutually agreed, the accrual of TOIL at time for time.
48.13. Should an employee be directed to attend mandatory training outside their normal hours then they will be paid for such time at the overtime rate or, where mutually agreed, the accrual of TOIL at time for time.
48.14. In circumstances where the employee is required to travel away for training and the Council fully meets that cost of the training and any associated travel costs, no payment of wages or penalty will apply for any associated travel time that falls outside of the employee's normal hours. However, consideration will be given to the employee's personal commitments and/or impact on fatigue when scheduling the travel.
48.15. Apprenticeships/Trainees
48.15.1. The Council recognises that future skills shortages could result without interventions to encourage future employment opportunities through Apprenticeships and Traineeships. The parties therefore agree to continue an apprenticeship and traineeship program with consideration to any budgetary constraints.
49. MENTAL HEALTH AND WELLBEING
49.1. Council recognise that the workplace can play a vital role in assisting employees affected by mental health issues and commits to:
50. POSTING DETERMINATION
50.1. The Council shall, in each office or place of business conducted by it in which employees covered by this Determination are employed, keep and make available for perusal by such employees a current copy of this Determination.
50.2. The Council will, upon engagement of a new employee, advise the employee of this Determination and where they can locate a copy of this Determination.
50.3. Further, the Council shall ensure that the workplace delegates are listed on the Council's intranet and various notice boards.
50.4. To ensure that management, supervisory staff and other relevant employees understand the intent and application of this Determination, an education program relating to this Determination and the parent Awards shall be facilitated through training by relevant staff (e.g. members of the Management Team, People & Culture, Payroll, JCC) at toolbox talks as appropriate following this Determination being certified by the QIRC.
51. UNION LEAVE AND RECOGNITION
51.1. New Employees
Details of the relevant union/s workplace delegates, as provided by union/s, will be given to new employees during the induction process.
51.2. Workplace Delegates
51.2.1. Council recognises the role that the relevant union/s workplace delegates play in promoting understanding of industrial arrangements, knowledge of industrial arrangements (including Awards and determinations) and dispute resolution. On being notified in writing by the relevant unions that an employee has been appointed as a workplace delegate, the Council will recognise the employee as a relevant union workplace delegate and allow them the following:
51.3. Facilities and Conditions
51.3.1. The following facilities and conditions will be made available to relevant union/s workplace delegates and members of the JCC or any other employee involved in any consultative forum:
51.4. Workplace Delegates Leave
51.4.1. A relevant union's workplace delegate, or an employee nominated by a relevant union shall be entitled to paid leave of absence of up to five (5) days per person per annum to attend any of the following:
A relevant union’s workplace delegate, or an employee nominated by a relevant union, can apply to the CEO to be able to use more than their individual 5 days per annum, where necessary, such requests will not be unreasonably refused.
51.5. Right of Entry
51.5.1. An authorised officer of a relevant union/s will have rights of access and entry to the premises of the Council for the following purposes upon giving relevant legislative notice:
51.6. Meetings
51.6.1. Employees will be entitled to reasonable time off with pay within working hours to attend approved meetings designed to improve employment relations within the Council, including union meetings.
51.7. Meeting Notices and Newsletters
51.7.1. The Council will provide an accessible space within each work location for the posting of any relevant Award, this Determination or notices pertaining to employment relations within the workplace produced by the relevant unions. The relevant union workplace delegate will be provided with access to this space.
51.8. Deductions
51.8.1. Subject to written authority from the employee and mutual agreement with the Council, Union membership fees may be deducted from an employee’s wage.
PART NINE – SCHEDULES TO THE DETERMINATION
Schedule 1 – Salary Scales – Stream A Employees
Schedule 2 – Wage Scales – Stream B & C Employees (excluding MECC)
Schedule 3 – Salary Scales – Stream B MECC Employees
Schedule 4 – Five (5) in Seven (7) Provisions
Schedule 5 – Existing Agreements Technical Services Program
Schedule 6 – Identified Positions – RDO
52. SCHEDULE 1 – SALARY SCALES – STREAM A EMPLOYEES
| Stream A Employees | ||||
Year 1 |
| Year 2 | |||
Level | Commencing first pay period after 1 July 2022 |
| Commencing first pay period after 1 July 2023 | ||
2.5% | 2.5% |
| 2.5% | 2.5% | |
5 Weeks | 4 Weeks |
| 5 Weeks | 4 Weeks | |
1.1 | 55,012 | 56,255 |
| 56,387 | 57,661 |
1.2 | 56,085 | 57,352 |
| 57,487 | 58,786 |
1.3 | 57,722 | 59,026 |
| 59,165 | 60,502 |
1.4 | 59,494 | 60,839 |
| 60,982 | 62,360 |
1.5 | 61,268 | 62,653 |
| 62,800 | 64,220 |
1.6 | 63,037 | 64,460 |
| 64,613 | 66,072 |
2.1 | 64,834 | 66,300 |
| 66,455 | 67,957 |
2.2 | 66,672 | 68,178 |
| 68,338 | 69,883 |
2.3 | 68,570 | 70,120 |
| 70,284 | 71,873 |
2.4 | 70,489 | 72,081 |
| 72,251 | 73,883 |
3.1 | 72,428 | 74,065 |
| 74,239 | 75,917 |
3.2 | 74,366 | 76,046 |
| 76,225 | 77,947 |
3.3 | 76,301 | 78,024 |
| 78,208 | 79,975 |
3.4 | 78,237 | 80,004 |
| 80,193 | 82,004 |
4.1 | 80,174 | 81,985 |
| 82,178 | 84,035 |
4.2 | 82,103 | 83,959 |
| 84,155 | 86,058 |
4.3 | 84,040 | 85,940 |
| 86,141 | 88,088 |
4.4 | 85,982 | 87,924 |
| 88,131 | 90,123 |
5.1 | 87,913 | 89,899 |
| 90,111 | 92,147 |
5.2 | 89,849 | 91,879 |
| 92,095 | 94,176 |
5.3 | 91,785 | 93,859 |
| 94,080 | 96,205 |
6.1 | 95,011 | 97,157 |
| 97,386 | 99,586 |
6.2 | 98,239 | 100,459 |
| 100,695 | 102,970 |
6.3 | 101,467 | 103,760 |
| 104,003 | 106,354 |
7.1 | 104,691 | 107,057 |
| 107,308 | 109,733 |
7.2 | 107,916 | 110,354 |
| 110,614 | 113,113 |
7.3 | 111,142 | 113,652 |
| 113,920 | 116,493 |
8.1 | 115,015 | 117,614 |
| 117,891 | 120,554 |
8.2 | 118,887 | 121,572 |
| 121,859 | 124,612 |
8.3 | 122,759 | 125,534 |
| 125,828 | 128,673 |
8.4 | 126,391 | 129,247 |
| 129,551 | 132,478 |
8.5 | 130,026 | 132,965 |
| 133,276 | 136,289 |
53. SCHEDULE 2 – SALARY SCALES – STREAM B & C EMPLOYEES (EXCLUDING MECC)
| Stream B & C (Excluding MECC) Employees | ||||
Year 1 |
| Year 2 | |||
Level | Commencing first pay period after 1 July 2022 |
| Commencing first pay period after 1 July 2023 | ||
2.5% | 2.5% |
| 2.5% | 2.5% | |
5 Weeks | 4 Weeks |
| 5 Weeks | 4 Weeks | |
Level 1<6mths | 51,145 | 52,168 |
| 52,424 | 53,473 |
Level 1 | 52,093 | 53,137 |
| 53,395 | 54,465 |
Level 2 | 53,076 | 54,143 |
| 54,403 | 55,496 |
Level 3 | 54,039 | 55,128 |
| 55,390 | 56,506 |
Level 4 | 55,015 | 56,126 |
| 56,390 | 57,529 |
Level 5 | 56,165 | 57,373 |
| 57,569 | 58,807 |
Level 6 | 58,259 | 59,560 |
| 59,715 | 61,049 |
Level 7 | 60,386 | 61,734 |
| 61,895 | 63,278 |
Level 8 | 62,341 | 63,734 |
| 63,900 | 65,328 |
Level 9 | 64,832 | 66,280 |
| 66,452 | 67,937 |
Eng Trades C10 Eng Trades C9 Eng Trades C8 Eng Trades C7 Eng Trades C6 | 56,165 | 57,373 |
| 57,569 | 58,807 |
56,710 | 57,975 |
| 58,128 | 59,425 | |
59,968 | 61,307 |
| 61,467 | 62,840 | |
62,341 | 63,734 |
| 63,900 | 65,328 | |
67,375 | 68,881 |
| 69,059 | 70,603 | |
Plumber L6/BT1 Plumber L7/BT2 Plumber L8/BT3 | 58,048 | 59,344 |
| 59,499 | 60,828 |
60,781 | 62,138 |
| 62,300 | 63,692 | |
63,513 | 64,933 |
| 65,101 | 66,556 | |
54. SCHEDULE 3 – SALARY SCALES – STREAM B MECC EMPLOYEES
| Entertainment Precinct Staff | ||||
Year 1 |
| Year 2 | |||
Level | Commencing first pay period after 1 July 2022 |
| Commencing first pay period after 1 July 2023 | ||
2.5% | 2.5% |
| 2.5% | 2.5% | |
5 Weeks | 4 Weeks |
| 5 Weeks | 4 Weeks | |
1 | 45,173 | 46,062 | 46,302 | 47,214 | |
1.1 | 45,960 | 46,867 |
| 47,109 | 48,038 |
1.2 | 46,761 | 47,685 |
| 47,931 | 48,877 |
1.3 | 47,578 | 48,521 |
| 48,767 | 49,734 |
1.4 | 48,413 | 49,373 |
| 49,623 | 50,607 |
2 | 48,495 | 49,458 |
| 49,707 | 50,694 |
2.1 | 49,560 | 50,547 |
| 50,799 | 51,811 |
2.2 | 50,653 | 51,664 |
| 51,919 | 52,956 |
2.3 | 51,763 | 52,800 |
| 53,057 | 54,120 |
2.4 | 52,911 | 53,973 |
| 54,234 | 55,322 |
3 | 54,037 | 55,123 |
| 55,388 | 56,501 |
3.1 | 55,241 | 56,330 |
| 56,622 | 57,739 |
3.2 | 56,474 | 57,723 |
| 57,886 | 59,166 |
3.3 | 57,857 | 59,149 |
| 59,303 | 60,627 |
3.4 | 59,286 | 60,610 |
| 60,768 | 62,125 |
4 | 60,677 | 62,033 |
| 62,194 | 63,583 |
4.1 | 62,179 | 63,566 |
| 63,733 | 65,155 |
4.2 | 63,715 | 65,139 |
| 65,308 | 66,767 |
4.3 | 65,292 | 66,751 |
| 66,924 | 68,420 |
4.4 | 66,907 | 68,402 |
| 68,579 | 70,112 |
5 | 68,573 | 70,106 |
| 70,287 | 71,859 |
5.1 | 70,270 | 71,843 |
| 72,027 | 73,639 |
5.2 | 72,008 | 73,620 |
| 73,808 | 75,460 |
5.3 | 73,792 | 75,444 |
| 75,637 | 77,331 |
5.4 | 75,619 | 77,312 |
| 77,509 | 79,245 |
6 | 77,401 | 79,133 |
| 79,336 | 81,112 |
6.1 | 79,317 | 81,095 |
| 81,300 | 83,122 |
6.2 | 81,284 | 83,105 |
| 83,316 | 85,182 |
6.3 | 83,298 | 85,165 |
| 85,381 | 87,294 |
6.4 | 85,364 | 87,278 |
| 87,498 | 89,460 |
55. SCHEDULE 4 – FIVE (5) IN SEVEN (7) PROVISIONS
All provisions of this Determination including those provisions referred to in this Schedule, shall apply to employees outlined in each section.
Stream A Employees
55.1. The Council and employee, who may be represented by a nominated representative, may agree that the ordinary hours of duty may be worked on any five (5) out of seven (7) days per week including Saturday and Sundays or the ordinary hours may be altered as to the spread of hours.
55.2. Any alteration to the ordinary span of hours, start/finish times or spread of days on which the employee works must be by agreement in writing, with no compulsion by either party to agree.
55.3. Where an employee agrees to alter the spread of days for the ordinary hours of work (e.g. any five (5) days in seven (7)), the Council shall pay a weekend penalty rate of time and one half for all ordinary hours worked on a Saturday, and a penalty rate of double the ordinary hourly rate for all hours worked on Sunday.
55.4. Where the employee seeks to alter the spread of days to include weekends to suit their personal circumstances, the agreement in writing shall indicate the change was at the employee’s request and the Council shall not be liable for the weekend penalty rates.
55.5. Where the Council seeks to alter the ordinary span of hours, start/finish times or spread of days for a new or vacant position, they must refer the matter to the relevant union or nominated representative for consultation in accordance with Clause 42 – Employment Security provisions of this Determination, prior to advertising the position.
Community Services – Excluding Entertainment Precinct (MECC and EVENTS)
55.6. For the purpose of this schedule the Community Services areas comprise of the following programs:
55.7. In recognition of the diversity of services provided by local governments and the fact that the Communities that local governments service, require many of the services to be delivered outside of regular 6.00am to 6.00pm working hours, Monday to Friday, where employees are employed within the facilities of the Community Services area, other than the Entertainment Precinct, the ordinary span of hours may need to be altered.
55.8. Over the life of this Determination, where Council seeks to alter the ordinary span and spread of hours from the standard 6:00am to 6:00pm, Monday to Friday to the greater span of hours, i.e. 6:00am to 8:00pm any five (5) days out of seven (7), they will do so in accordance with Clause 55.1 of this Determination excluding Subclause 55.3 only.
55.9. A standard penalty rate of time and a quarter, will apply to ordinary hours worked on Saturday.
55.10. In the event that the ordinary span of hours are modified, the penalty rate paid after 6:00pm Monday to Friday will be at time and a quarter for ordinary hours worked.
55.11. A standard penalty rate of time and a half, will apply to ordinary hours worked Sunday.
55.12. Overtime will be paid on the applicable overtime rates, as per the main body of this Determination, based on the ordinary rate of pay for the applicable day.
55.13. Where the employee seeks to alter the spread of regular ordinary hours, which includes weekends or to vary their span of ordinary hours in any twenty-four (24) hour period to suit their personal circumstances, the agreement in writing shall indicate the change was at the employee’s request and the Council shall not be liable for any penalty rates for the ordinary hours.
Stream B Employees (MECC and EVENTS only)
55.14. In recognition of the Entertainment Precinct, due to industry and community needs, operating varying hours across seven (7) days a week, the following is required to meet requirements:
55.14.1. Salary scales applicable shall be per Entertainment Precinct Staff Schedule 3.
55.14.2. Staff within the Entertainment Precinct appointed under Schedule 1 prior to certification of this Determination will continue under their existing conditions unless agreed otherwise.
55.14.3. Ordinary hours of work will be thirty-eight (38) hours per week, worked in any reasonable roster configuration between 6:00am and 12:00pm (midnight). Saturdays and Sundays are to be regarded as ordinary time days, and employees are able to work any five (5) out of seven (7) days (any ordinary hours worked in these configurations are without penalty).
55.14.4. Ordinary hours will not exceed ten (10) hours on any one day or thirty-eight (38) hours per week in any five (5) days out of seven (7).
55.14.5. In a shift exceeding ten (10) hours, overtime authorised by a supervisor or manager will be paid at time and a half.
55.14.6. Employees will be provided with a minimum ten (10) hour break between the cessation of one shift and the commencement of another. Where an employee commences work before the ten (10) hour break, at the direction of the Council, the employee shall be paid at double time off in lieu, until the officer is released from duty for such period.
55.14.7. Where additional time is approved past thirty-eight (38) hours over five (5) successive days, additional time worked on a sixth or seventh day, will be paid at time and a half for the first five (5) hours and double time thereafter.
55.14.8. Permanent employees may be paid overtime or take as TOIL.
55.14.9. Casual employees may be engaged at ordinary rates, any five (5) days out of seven (7) between 6:00am and 12:00pm midnight, including Saturdays and Sundays to a maximum of ten (10) hours per day and thirty-eight (38) hours per week.
55.14.10. Casual employees working outside of, or in excess of ordinary hours, will be paid at the appropriate hourly rate, plus 50%.
55.14.11. The timing of taking of TOIL will be to meet organisational operating requirements taking into account the employee’s requirements (also noting Stand Down provisions).
55.14.12. To balance the seasonal operations of the Entertainment Precinct, TOIL may be accrued for a maximum of twelve months. If not taken at the conclusion of this period, accrued TOIL will be paid out at the ordinary time rate. Accrued TOIL at separation will also be paid out at the ordinary time rate.
55.14.13. Stand Down Provisions - The nature of the work at the Entertainment Precinct determines that due to circumstances beyond the Council’s control, there may not be sufficient work at times for employees. In such circumstances, any employee who cannot be gainfully employed the employee shall be required to take any accumulated leave (including TOIL), failing which they shall be stood down, without pay. This provision is to be read in conjunction with Section 333 of the Industrial Relations Act 2016 (Queensland).
55.14.14. Where a permanent employee (excluding Cleaners) is required to perform work on a Public Holiday, such employee will be paid at double time off in lieu with a minimum of three (3) hours.
55.14.15. Where Cleaners are required to perform work on a Public Holiday, such employee will be paid at double time off in lieu with a minimum of two hours.
55.14.16. Casual Loadings:
6:00am – 12:00am 25%
12:00am – 6:00am 31%.
Stream B and C Employees (Excluding MECC)
55.15. In the circumstances set out below, employees may be required to work their ordinary hours on any five (5) consecutive days out of seven (7), Monday to Sunday inclusive:
56. SCHEDULE 5 – EXISTING AGREEMENTS TECHNICAL SERVICES PROGRAM - NUMBER
TSPOLICY NUMBER
POLICY TITLE: FLEXIBLE WORKING HOURS PROPOSAL SUB-TITLE:
ADOPTED: FOLIO – Date in words AMENDED: REVOKES:
56.1. POLICY DEFINITIVE STATEMENT
FLEXIBLE WORKING ARRANGEMENTS
The parties agree that flexible work arrangements may be developed by agreement with the affected parties for any program within Council.
Flexible working arrangements must satisfy the following four (4) principles:
In all cases relating to hours of work and workforce flexibility, the process will involve consultation with the workforce, taking into account individual family considerations.
The Council is to clearly record all instances where a change has been implemented in accordance with this Agreement.
By agreement with the employees affected, ordinary hours, including night work, may be worked up to ten (10) hours per day and starting and finishing times may be staggered, including outside the normal span of hours. Provided that only in exceptional circumstances shall the Council require an employee to work beyond ten (10) ordinary hours per day.
Where the parties agree to alter work arrangements or implement new arrangements, the parties agree that the provisions of this Agreement will operate to the extent necessary to give effect to the new work arrangements, provided that:
A copy of the arrangements made pursuant to this Clause must be provided to the employee and the employee's nominated representative and shall be read as part of this Agreement.
56.2. POLICY CONDITIONS
56.2.1. AUTHORITY
Director has authority to set commencement and finishing times and bandwidth to the convenience of the Program.
56.2.2. RESPONSIBILITY OF SUPERVISOR AND EMPLOYEE
The employee's Supervisor is responsible for ensuring the accuracy of information on the timesheet and the continuity of workflow. Employees are responsible for accurately completing their individual timesheet.
Employees will capture both flex on and flex off on their timesheet.
Flex on - 511
Flex off - 512
56.2.3. CORE TIME LEAVE
As a general rule, an employee may be granted the following core time leave during one settlement period.
Core Time Leave can only be taken, subject to the following conditions:
Employees are to consult and co-operate with their supervisors at all times, and whilst it is hoped that Supervisors will allow staff maximum flexibility under the scheme, it is appreciated that, at times, it will not be possible to allow all staff the freedom they may wish.
56.3. DEFINITIONS
For the purposes of this Clause, the undermentioned terms shall have the corresponding meanings: Bandwidth is the timespan between the earliest commencing time and the latest ceasing time permissible for ordinary work.
Core Times are the periods during the day when all officers shall perform ordinary duty (unless absent on approved leave).
Flexible Periods are the time spans within the bandwidth and outside of core time when, subject to the requirements of the particular position, the agreement of the supervisor concerned and the various provisions of this Clause, officers may vary their commencing and ceasing times for ordinary work.
Settlement Period is the prescribed period of time during which officers shall accumulate the equivalent of standard hours by way of ordinary work during the bandwidth, by way of approved leave, or by way of credit for public holidays falling on normal working days: provided that, subject to the conditions prescribed in this Clause, officers shall be entitled to carry over certain flex credits or flex debits between settlement periods.
Standard Hours are the ordinary hours of duty.
Standard Day is the total daily working hours occurring during standard hours.
Flex Credit is the amount of time that an officer performs ordinary work and/or obtains credit for periods of approved leave during the bandwidth on an ordinary working day in excess of a standard day.
Flex Debit is the amount of time less than a standard day that an officer performs ordinary works and/or obtains credit for periods of approved leave during the bandwidth on an ordinary working day.
Carry-over is the amount of accumulated flex credit of flex debit which, subject to the provisions of this Clause, an officer shall carry over between consecutive settlement periods.
Core Time Leave is an approved absence during prescribed core times.
56.4. WORKING ARRANGEMENTS
56.5. CONDITIONS OF EMPLOYMENT
56.5.1. Maximum Hours
56.5.2. Lunch Break
All officers other than those directed by the Program Manager shall take a lunch break of not less than thirty (30) minutes duration between the hours of 12:00pm and 2:00pm.
56.5.3. Rest Pause
An officer who resigns, retires, is appointed to a department, or division, subdepartment branch or section where flexible working hours has not been introduced, or otherwise ceases duty, shall ensure that the officer does not possess flex credits or flex debits at the time of cessation of duty with the department etc. in which flexible working hours apply; provided that any such officer shall not receive compensation for a flex credit existing at the time of such cessation of duty; provided further that an officer possessing a flex debit at the time of such cessation of duty shall have a corresponding deduction from the officer's salary (to be deducted during a subsequent fortnightly pay period).
56.6. CARRY-OVER
Carry-over -flex credits and flex debits which an officer has accrued at the end of a settlement period shall, subject to the following conditions, be carried over to the commencement of the officer's next settlement period and subsequently be added to flex credits or flex debits which accumulate during such period.
The maximum flex credit carry-over which an officer shall be allowed shall be thirty-six (36) hours fifteen (15) minutes. If at the end of a settlement period an officer's carry-over credit is in excess of thirty six (36) hours fifteen (15) minutes, no payment shall be made for such excess period, i.e. the time will be forfeited. Carry-over of a flex debit will not be permitted unless approved by the Program Manager. Unless such approved debit is adjusted by the officer concerned during the next settlement period, appropriate deduction from salary shall be made.
Subject to the following conditions. an officer may be granted core time leave:
Provided further that the full extent of core time leave cannot be taken on each of two (2) consecutive days, even though they may be in different settlement periods, unless approved by the Program Manager. An officer may take core time leave on the working day immediately preceding and/or immediately following any period of annual leave or long service leave, as the case may be, unless the Program Manager determines otherwise.
When offices are required to be open to the public between certain hours, officers employed in these areas must be present during these hours, unless a relief officer is available.
57. SCHEDULE 6 – IDENTIFIED POSITIONS – RDO
Department | Program | Position | Title |
C&CS | Comm & Client Management | CF0002 | Executive Assistant |
C&CS | Community Lifestyle | CP0005 | Exhibitions Curator |
C&CS | Community Lifestyle | CP0009 | Public Programmes Officer |
C&CS | Community Lifestyle | CP0075 | Artspace Gallery Director |
C&CS | Community Lifestyle | CD0001 | Senior Coordinator Community P |
C&CS | Community Lifestyle | CD0010 | CDO - Indigenous |
C&CS | Community Lifestyle | CD0011 | Arts Development Officer |
C&CS | Community Lifestyle | LS0036 | Museum Coordinator |
C&CS | Community Lifestyle | CCS004 | Senior Executive Coordinator - |
C&CS | Community Lifestyle | LS0004 | Executive Coordinator - Librar |
C&CS | Community Lifestyle | LS0005 | Systems Support & LD Librarian |
C&CS | Community Lifestyle | LS0060 | EC - Library Systems and Collections |
C&CS | Community Lifestyle | LS0015 | Library Asst Heritage Collecti |
C&CS | Corp Comms & Marketing | CC0012 | Communications Coordinator |
C&CS | Emergency Mgt | EMG001 | Emergency Management Coordinator |
C&CS | Emergency Mgt | EMG003 | State Emergency Service Local |
C&CS | Emergency Mgt | EMG004 | Administration Officer |
C&CS | Health & Regulatory Serv | HRS038 | Coordinator Regulatory Service |
C&CS | Health & Regulatory Serv | HRS040 | Team Leader Compliance |
C&CS | Health & Regulatory Serv | HRS011 | Team Leader Environment Health |
C&CS | Health & Regulatory Serv | HRS030 | Coordinator Environmental Health |
C&CS | Health & Regulatory Serv | HRS048 | Team Leader Local Laws |
C&CS | Health & Regulatory Serv | HRS023 | Vector Control Team Leader |
DS | Development Assessment | DP0007 | Principal Planner - CBD |
DS | Development Assessment | DP0012 | Principal Planner - South |
DS | Development Engineering | DE0006 | Development Construction Coord |
DS | Development Engineering | DE0018 | Administration Officer |
DS | Development Engineering | DE0034 | Principal Assessment Engineer |
DS | Development Management | DS0003 | Executive Assistant |
DS | Economic Development | UD0004 | Principal Economic Development |
DS | Economic Development | UD0007 | City Centre Co-ordinator |
DS | Economic Development | UD0010 | Senior Economic Development Of |
DS | Economic Development | PS0005 | Sarina Sugar Shed Coordinator |
DS | Economic Development | PS0025 | Sarina Sugar Shed Distiller |
DS | Parks Environment & Sus | ESP006 | Botanic Gardens Coordinator |
DS | Parks Environment & Sus | ESP017 | Visitor Services Officer |
DS | Parks Environment & Sus | ESP008 | Building Services Coordinator |
DS | Parks Environment & Sus | ESP007 | Natural Environment Coordinator |
DS | Parks Environment & Sus | ESP009 | Parks Maintenance Coordinator |
DS | Parks Environment & Sus | ESP167 | Operational Forward Parks Planner |
Page 64 of 67
DS | Parks Environment & Sus | ESP172 | Supervisor Waterways Team |
Department | Program | Position | Title |
DS | Strategic Planning | SP0002 | Administration Officer |
DS | Strategic Planning | SP0003 | Principal Engineer |
DS | Strategic Planning | SP0005 | Infrastructure Planner |
DS | Strategic Planning | SP0007 | Principal Planner |
DS | Strategic Planning | SP0011 | Principal Planner |
ECI | Business Services ECI | WBS002 | Administration Officer |
ECI | Business Services ECI | WBS006 | Stakeholder and Client Support |
ECI | Business Services ECI | WBS004 | WWS Management Accountant |
ECI | Business Services ECI | WBS015 | Inspection Coordinator |
ECI | Business Services ECI | ES0004 | Quality Systems Coordinator |
ECI | Business Services ECI | WBS014 | ECI Safety and Risk Officer |
ECI | Civil Operations | ESM007 | Southern Coordinator |
ECI | Civil Operations | ESM029 | North West Coordinator |
ECI | Civil Operations | ESM046 | Central Coordinator |
ECI | Civil Operations | ESM139 | Assets & Project Engineer |
ECI | Civil Operations | ESM173 | Quarry Supervisor |
ECI | Civil Operations | ESM174 | Maintenance Superintendent |
ECI | Civil Projects | ESC002 | Technical Officer |
ECI | Civil Projects | ESC104 | Program/Project Scheduler |
ECI | Civil Projects | ESC003 | Construction Engineer |
ECI | Civil Projects | ESC082 | Construction Coordinator |
ECI | Civil Projects | ESC086 | Civil Projects Engineer |
ECI | Commercial Infra Mgt | ES0001 | Executive Assistant |
ECI | Commercial Infra Mgt | WWA002 | Executive Assistant |
ECI | Commercial Infra Mgt | WWA003 | Executive Support Officer |
ECI | Infrastructure Delivery | WC0006 | Senior Engineer |
ECI | Infrastructure Delivery | WC0011 | Project Services Coordinator |
ECI | Infrastructure Delivery | WC0027 | Project Manager |
ECI | Infrastructure Delivery | WC0002 | Administration Officer |
ECI | Infrastructure Delivery | WC0004 | Drafting Designer |
ECI | Infrastructure Delivery | WC0005 | Project Engineer |
ECI | Infrastructure Delivery | WC0008 | Project Engineer |
ECI | Infrastructure Delivery | WC0013 | Construction Supervisor/Inspector |
ECI | Infrastructure Delivery | WC0023 | Project Engineer |
ECI | Infrastructure Delivery | WC0030 | Project Engineer |
ECI | Planning &Sustainability | WC0009 | Water & Sewerage Planning Engineer |
ECI | Planning &Sustainability | WWS084 | Water & Sewerage Planning Engineer |
ECI | Planning &Sustainability | WWS086 | Water & Sewer Planning Engineer |
ECI | Planning &Sustainability | WWS112 | Water & Sewer Project Engineer |
ECI | Planning &Sustainability | WWS119 | Planning & Development Asset O |
ECI | Planning &Sustainability | WWS120 | Technical Officer |
ECI | Planning &Sustainability | WWS123 | Administration Support |
ECI | Technical Services | ES0019 | Survey Coordinator |
Department | Program | Position | Title |
ECI | Technical Services | ES0011 | Design Coordinator |
ECI | Technical Services | ES0034 | Landscape Architect |
ECI | Technical Services | ES0024 | Traffic & Investigations Coord |
ECI | Waste Services | WS0003 | Waste Services Coordinator |
ECI | Waste Services | WS0009 | Waste Services Coordinator -RM |
ECI | Water Network | WWN004 | Senior Network Engineer |
ECI | Water Network | WWN005 | Operations & Maintenance Officer |
ECI | Water Network | WWN082 | Maintenance Planner |
ECI | Water Network | WWN089 | Estimations and Quotes Officer |
ECI | Water Treatment | WWT003 | Treatment Engineer |
ECI | Water Treatment | WWT010 | Water Treatment Plant Coordinator |
ECI | Water Treatment | WWT052 | Process Engineer |
ECI | Water Treatment | WWT023 | Principal Scientist |
ECI | Water Treatment | WWT025 | Laboratory Coordinator |
ECI | Water Treatment | WWT042 | Senior Environmental Officer |
ECI | Water Treatment | WWT002 | Administration Officer |
CEO | Executive Office | CEO007 | Executive Support Officer |
CEO | Legal Services | CEO026 | Administration Officer |
CEO | Legal Services | CEO027 | Legal Counsel |
CEO | Office of Mayor & CEO | CEO003 | Executive Assistant - CEO |
CEO | Office of Mayor & CEO | CEO004 | Executive Assistant - Mayor |
OS | Assets | GO0009 | Assets Officer |
OS | Assets | GO0010 | Assets Systems Coordinator |
OS | Assets | GO0017 | Senior Asset Accountant |
OS | Financial Services | FS0036 | Financial Support Coordinator |
OS | Financial Services | FS0006 | Financial Accountant |
OS | Financial Services | FS0054 | Senior Accountant |
OS | Financial Services | FS0002 | Administration Officer |
OS | Financial Services | FS0019 | Revenue Coordinator |
OS | Financial Services | FS0064 | Systems Accountant |
OS | Governance & Safety | GS0001 | Coordinator Corporate Governance |
OS | Governance & Safety | GO0005 | Senior Internal Auditor |
OS | Governance & Safety | GS0003 | Coordinator Performance & Risk |
OS | Governance & Safety | ER0012 | Co-Ordinator Workplace Health |
OS | Organisational Serv Mgt | CSA001 | Executive Assistant |
OS | People & Culture | HR0010 | Industrial Relations Advisor |
OS | People & Culture | PC0003 | Senior People & Culture Advisor |
OS | People & Culture | PC0002 | Organisational Development Coordinator |
OS | Procurement & Plant | PP0002 | Contract Coordinator |
OS | Procurement & Plant | PP0004 | Administration Officer |
OS | Procurement & Plant | PP0009 | Fleet & Workshop Coordinator |
OS | Property Services | PS0031 | Supervisor Projects & Operational Compliance |
OS | Property Services | PS0003 | Coordinator Property Services |
Department | Program | Position | Title |
OS | Property Services | PS0029 | Supervisor Land Operations |
OS | Property Services | PS0030 | Supervisor Operational Maintenance |
OS | Shared Services Centre | IT0010 | Team Leader Applications |
OS | Shared Services Centre | IT0011 | Systems Developer & DBA |
OS | Shared Services Centre | IT0022 | Business Analyst Developer |
OS | Shared Services Centre | IT0014 | Team Leader GIS |
OS | Shared Services Centre | IT0042 | Senior ICT Network Engineer |
OS | Shared Services Centre | IT0018 | Team Leader ICT |
OS | Shared Services Centre | IT0051 | Senior ICT Desktop Engineer |
OS | Shared Services Centre | IT0021 | Business Analyst |
OS | Shared Services Centre | IT0052 | Business Analyst |
OS | Shared Services Centre | IT0058 | Business Analyst |
OS | Shared Services Centre | IT0043 | Senior ICT Systems Engineer |
OS | Shared Services Centre | SSC100 | Coordinator Billing Services |
OS | Shared Services Centre | SSC200 | Coordinator Business Support |
OS | Shared Services Centre | SSC600 | Coordinator Payment Services |
OS | SSC Management | SSC002 | SSC Deputy Partnership Manager |
[1] Mackay Regional Council v Queensland Services, Industrial Union of Employees & Ors (No 3) [2022] QIRC 98.
[2] CB/2017/80
[3] Industrial Relations Act 2016, s 228(3).
[4] Industrial Relations Act 2016, s 228(3)(b)(i).
[5] Industrial Relations Act 2016, s 228(3)(b)(ii).
[6] Industrial Relations Act 2016, s 180(3)(a).
[7] Industrial Relations Act 2016, s 180(3)(b).
