AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
AT835155 Preamble AT835155 [Transitional AIR Consolidation] AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (C No. 01002 of 1998) MUNICIPAL OFFICERS’ (ABORIGINAL AND ISLANDER COMMUNITY COUNCILS) INTERIM AWARD 1987 (ODN C No. 00203 of 1986) [Print G8149 [AW788056]] Various employees Local government administration COMMISSIONER BACON BRISBANE, 29 JUNE 2004 Award simplification.
ORDER A. In accordance with the review required to be undertaken by the Workplace Relations and Other Legislation Amendment Act 1996 (WROLA) the above award is varied as follows: By deleting all clauses, schedules and appendices and inserting the following:
AT835155 Clause 1 1. AWARD TITLE This award is the Municipal Officers’ (Aboriginal and Islander Community Councils) Award 2004.
AT835155 Clause 2 – PR975349 2. ARRANGEMENT [2 amended by PR968887 PR975349] This award is arranged as follows: 1. Award title 2. Arrangement [PR975349] 3. Operation of award 4. Parties bound 5. Classification and gradings 6. Salaries [PR983897] 7. Arbitrated safety net adjustment [PR962408] 8. National training wage 9. Supported wage system [PR983897] 10. Payment of salaries 11. Officers performing higher duties 12. Officers holding joint or dual offices 13.
Allowances [PR983897] 14. Hours of duty 15. Overtime 16. Public holidays 17. Regular part-time employment 18. Casual employment [PR968887] 19. Project employment 20. Annual leave 21. Personal leave [PR968887] 21A. Bereavement leave [PR968887] 22. Jury service 23. Parental leave [PR968887] 24. Study leave 25. Termination of employment [PR965559] 26. Redundancy [PR965559] 27. Occupational superannuation 28. Dispute settling procedure 29. Enterprise flexibility provisions 30. Anti-discrimination 31. Posting of award 32. School-based apprentices [PR975349]
- Municipal Officers’ (Aboriginal and Islander Community Councils) Interim Award 1987 [Print G8149 [AW788056]];
- Municipal Officers’ (Aboriginal and Islander Community Councils) Interim (Roping-in No. 1) Award 1988 [Print H8779 [AW788057]];
- Municipal Officers’ (Aboriginal and Islander Community Councils) Interim (Roping-in No. 1) Award 1990 [Print J4867 [AW788058]];
- Municipal Officers’ (Aboriginal and Islander Community Councils) (Roping-in No. 1) Award 1991 [Print J7490 [AW788059]];
- Municipal Officers’ (Aboriginal and Islander Community Councils) (Roping-in No. 2) Award 1991 [Print K2187 [AW788060]];
- Municipal Officers’ (Aboriginal and Islander Community Councils) Interim (Roping-in No. 1) Award 1993 [Print K7524 [AW788061]];
- Municipal Officers’ (Aboriginal and Islander Community Councils) Interim (Roping-in No. 2) Award 1993 [Print K8774 [AW788062]];
- Municipal Officers’ (Aboriginal and Islander Community Councils) Interim (Roping-in No. 3) Award 1993 [Print K8775 [AW788063]];
- Municipal Officers’ (Aboriginal and Islander Community Councils) (Roping-in No. 1) Interim Award 1995 [Print M7362 [AW788064]]; but no right, obligation or liability accrued or incurred under such previous awards will be affected.
AT835155 Clause 4.2 4. PARTIES BOUND 4.1 This award shall be binding on the respondents listed in 4.2 in respect of all their employees whose salaries and conditions of employment are determined by this award and the Australian Municipal, Administrative, Clerical and Services Union, referred to as the Australian Services Union (ASU) and its members. 4.2 List of respondents Doomadgee Aboriginal Community Council; Hammond Community Council; Hope Vale Community Council. Kowanyama Community Council; Lockhart River Community Council; New Mapoon Community Council; Palm Island Aboriginal Community Council; Pormpuraaw Aboriginal Community Council; Woorabinda Aboriginal Community Council; Wujal Wujal Community Council; Yarrabah Aboriginal Community Council;
AT835155 Clause 5 5. CLASSIFICATION AND GRADINGS 5.1 If in relation to the employment of any officer, there is no appropriate salary classification in this award for that officer, the respondent Council shall determine the appropriate salary and classification for the position concerned. Any dispute shall be dealt with through clause 28 - Dispute settling procedure. 5.2 All positions shall be classified or reclassified with due regard to the qualifications required and the level of duties and responsibilities entailed, and each classified position shall be awarded a basic classification or grade.
For the purposes of this provision it shall be known as the normal position classification.
5.2.1 Provided that, in determining the salary and classification of an officer in the grade to which he or she is appointed, consideration shall be given to the officer’s personal qualifications and experience appropriate to the duties performed. 5.3 Grading of officers 5.3.1 Each respondent Council from time to time as necessary, and in any event at least once in each financial year, shall review the gradings of all graded officers employed by it, and in the conduct of such review shall take into consideration any or all of the following factors: 5.3.1(a) Identifiable changes in the nature and volume of the work performed.
5.3.1(b) Identifiable changes in the level of skill required to perform the work. 5.3.1(c) Identifiable changes in the level of responsibility associated with the duties being performed.
5.3.1(d) Identifiable changes in the value of the work being performed. 5.3.2 Officers who believe their position should be regraded, having regard to the factors listed under 5.3.1, shall make written application to the Council setting out full details in support of their request. The Council shall examine the matter and advise the officer of its decision in writing within six weeks of receipt of the application.
AT835155 Clause 6 (p. 1 of 13) – PR983897 6. SALARIES 6.1 The salaries prescribed in this award shall be deemed to be the minimum salaries payable and nothing contained in this award shall preclude any Council from paying any officer at a higher rate than that prescribed.
6.2 A respondent may permit its officers to undertake other work or to accept some subordinate office in addition to the duties attached to any particular position for which a rate of salary is provided for in this award, for which extra work they may receive extra pay, but such extra work and extra pay shall not in any way affect the salaries fixed by this award for their ordinary work nor shall such officers be deemed to be parttime workers by the mere fact of their undertaking such extra work by their receiving such extra pay.
6.3 Chief Executive Officer 6.3.1 The Chief Executive Officer shall be appointed by the respondent Community Council in terms of the Local Government Act 1993 (Qld). 6.3.2 The appropriate grade for the Chief Executive Officer shall be determined, having regard to the degree of responsibility, the personal qualifications and/or experience of the officer. 6.3.2(a) Salary scale - Chief Executive Officer [6.3.2(a) substituted by PR951717 PR962408 PR975349 PR979725; Note: These rates are effective from 13.03.2008 to 30.08.2008 Grade $ Grade 1 42,195 Grade 2 43,334 Grade 3 44,809 Grade 4 46,381 Grade 5 48,189 Grade 6 50,177 Grade 7 51,354 Grade 8 53,152 Grade 9 55,185 Grade 10 57,333 Grade 11 59,016 6.4 Project officer A Project officer is an officer appointed by a Community Council for a specified term to provide advice and assistance on administrative and financial matters.
The appropriate grade for a Project officer shall be determined, having regard to the degree of responsibility, qualifications required and the duties entailed.
- referring the public to appropriate channels and providing routine information;
- handling mail;
- operation of duplicators, photocopiers and the like. 6.5.1(b)(i) Where clerical operations performed include writing other than computation, such writing shall represent a transcript from other written or verbal material, or writing generated from rules of equivalent clarity to those that specify transcriptions. 6.5.1(b)(ii) For the purpose of this provision, duties performed by a Storekeeper shall be deemed to be clerical/administrative work. 6.5.2 The minimum annual salary payable to Junior clerical/administrative Officers shall be:
AT835155 Clause 6 (p. 3 of 13) – PR983897 6.5.2(a) Salary scale - Junior clerical/administrative officers [6.5.2(a) substituted by PR951717 PR962408 PR975349 PR979725; Rates effective from 13.03.2008 to 30.08.2008 Years of Age $ Under 17 16,484 17 and under 18 17,983 18 and under 19 20,980 19 and under 20 23,977 20 and under 21 26,974 [6.5.2(b) varied by PR975349 PR979725; 6.5.2(b) In addition to the prescribed rates, a junior officer who holds university degree qualifications shall be paid an allowance of $648.34 [effective 13.03.2008] per annum.
6.5.3 Progression for all classifications for which there is more than one wage point, shall be by annual increments, having regard to the acquisition of skills and knowledge through experience in his or her practice setting(s) over such period.
[6.5.4 varied by PR951717 PR962408 PR975349 PR979725; 6.5.4 The minimum annual salary payable to Adult clerical officers shall be: Salary scale - Adult clerical officers Rates effective from 13.03.2008 to 30.08.2008 Year of Adult Service $ 1st 29,971 2nd 30,369 3rd 30,943 4th 31,505 5th 32,169 6th 32,629 7th 33,189 [6.5.5 varied by PR951717 PR962408 PR975349 PR979725; 6.5.5 The minimum annual salary payable to adult Stenographers and Accountingmachine operators shall be: Salary scale - Adult stenographers and accounting machine operators Rates effective from 13.03.2008 to 30.08.2008 Year of Adult Service $ 1st 29,971 2nd 30,369 3rd 30,943 4th 31,505 5th 32,169
AT835155 Clause 6 (p. 4 of 13) – PR983897
AT835155 Clause 6 (p. 5 of 13) – PR983897 [6.5.6 varied by PR951717 PR962408 PR975349 PR979725; 6.5.6 The minimum annual salary payable to adult Typists shall be: Salary scale - Adult typists Rates effective from 13.03.2008 to 30.08.2008 Year of Adult Service $ 1st 29,971 2nd 30,353 3rd 30,742 4th 31,122 5th 32,505 6.6 Administrative officers 6.6.1 The following annual rates of salary shall apply to Administrative officers as defined in 6.6.2: 6.6.1(a) Salary scale - Administrative officers [6.6.1(a) substituted by PR951717 PR962408 PR975349 PR979725; Rates effective from 13.03.2008 to 30.08.2008 Classification $ Administrative Officer Grade I Minimum on appointment 32,494 Minimum after six months 33,256 At employer’s assessment - up to 34,328 Administrative Officer Grade II Minimum on appointment 34,683 Minimum after six months 35,677 At employer’s assessment - up to 36,825 Administrative Officer Grade III Minimum on appointment 36,842 Minimum after six months 37,911 At employer’s assessment - up to 39,208 Administrative Officer Grade IV Minimum on appointment 39,531 Minimum after six months 41,078 At employer’s assessment - up to 42,514 6.6.1(b) Note: The minimum after six months represents the confirmed rate for a position in any one of the above four grades.
Should the employing Council desire to withhold such confirmation from an officer appointed to such a
AT835155 Clause 6 (p. 6 of 13) – PR983897 position, after that six months period, it shall advise the officer to that effect and give him or her the reasons for its decision. 6.6.2 Definitions 6.6.2(a) What is set out in the following four paragraphs has, for its full understanding, to be read as an integrated ascending series designed to cover persons performing clerical and administrative work, coming above that of Clerical officer as defined in 6.5.1 and below that of Chief Executive Officer as defined in 6.3.
6.6.2(a)(i) Administrative officer grade I - shall mean and include the incumbent of or other person appointed to a position of which the overall duties and responsibilities are significantly higher or greater than those of a Clerical Officer as defined in 6.5.1, both as being broader in scope and as requiring an understanding of the rules, guidelines etc., albeit clear and straightforward, that are to be applied to his or her area of work.
The said duties and responsibilities may include the provision of information to the public that is not of a purely routine or formal nature; and they will usually be performed under less constant and detailed supervision than those of a Clerical Officer. In the case of stenographers, accounting-machine operators and typists, the overall duties and responsibilities would extend significantly beyond the mechanical reproduction of material prepared by others.
6.6.2(a)(ii) Administrative officer grade II - shall mean and include the incumbent of or the person appointed to a position of which the duties and responsibilities require knowledge of a specific area of Council work together with an understanding of clear but more complex rules, guidelines etc. that are to be applied. Those duties and responsibilities include but are not limited to the provision of information to the public that is of a more sensitive nature; and they may be performed with only remote supervision.
6.6.2(a)(iii) Administrative officer grade III - shall mean and include the incumbent of or the person appointed to a position of which the duties and responsibilities require knowledge of an area of Council work that is usually more extensive than that of an Administrative Officer grade II, as well as a thorough understanding of the procedures and statutes, by-laws etc.
that apply. Those duties and responsibilities will often include supervision of Clerical Officers or other Administrative Officers, and may include some aspects of their training. 6.6.2(a)(iv) Administrative officer grade IV - shall mean and include the incumbent of or other person appointed to a position of which the duties and responsibilities require sufficient understanding of a substantial area of administration, as well as of the established procedures and of all the legal instruments applying, for him or her to recognise when non-routine or special action is called for.
AT835155 Clause 6 (p. 7 of 13) – PR983897 Supervision of the work of Clerical Officers or other Administrative Officers, and participation in their training, will normally, though not necessarily or invariably, form part of those duties and responsibilities. 6.7 Community services officers 6.7.1 Welfare assistant 6.7.1(a) Definition A Welfare assistant is an officer who does not hold formal qualifications in the field of social welfare and who works under the direction and supervision of a Welfare officer or a qualified social worker in carrying out duties associated with social welfare programs.
6.7.1(b) Salary [6.7.1(b) varied by PR951717 PR962408 PR975349 PR979725; The minimum salary payable to a Welfare Assistant shall be: Rates effective from 13.03.2008 to 30.08.2008 Year of service $ 1st 32,300 2nd 32,614 3rd 33,187 6.7.2 Welfare officer 6.7.2(a) Definition A Welfare officer is an officer who, as a minimum requirement holds a recognised Diploma or Certificate in social work from a recognised Tertiary Education Institution and who works under supervision on duties which are concerned primarily with case work relating to individuals or families. [6.7.2(b) varied by PR951717 PR962408 PR975349 PR979725; 6.7.2(b) The minimum annual salary payable to a Welfare officer shall be: Rates effective from 13.03.2008 to 30.08.2008 Year of service $ 1st 35,513 2nd 36,915 3rd 38,077 6.7.3 Community development officer
AT835155 Clause 6 (p. 8 of 13) – PR983897 6.7.3(a) Definition A Community development officer is an officer classified as such by a respondent, who has qualifications and experience acceptable to the respondent, and whose primary duties are to facilitate the efforts of a respondent to establish an information and communication network between the respondent and the local community served by it in the interests of the development of the community. The primary duties of a Community development officer shall also include the assessment of social needs of the local community and work within that community to develop resources to meet any identified needs, and to present information resulting from any assessment in a practicable form for use by the respondent.
6.7.3(b) Salary [6.7.3(b) varied by PR951717 PR962408 PR975349 PR979725; The minimum annual salary payable to a Community development officer shall be: Rates effective from 13.03.2008 to 30.08.2008 Year of Service $ Grade 1 1st 35,513 2nd 36,915 3rd 38,077 Grade 2 1st 38,077 2nd 39,288 3rd 40,764 6.7.3(c) Provided that a Community development officer who produces evidence satisfactory to the employing respondent of having not less than three years experience in the performance of duties directly related to the position as defined in this award shall be appointed at a salary not less than that specified for the third year of service in grade 1.
6.7.3(d) A Community development officer who holds a Bachelor or higher degree from a recognised tertiary education institution, in a discipline appropriate to the duties of the position to which the officer is being appointed, shall be classified in grade 2.
6.7.3(e) The respondents to this award agree that in the case of Community development officers unusual working arrangements may be required wherein ordinary duty can be performed outside of, or in excess of, hours prescribed in clause 14 - Hours of duty, and may be worked subject to the provisions of that clause of this award.
AT835155 Clause 6 (p. 9 of 13) – PR983897 6.7.4 Social workers 6.7.4(a) Definition A Social worker is an officer who holds a Degree related to social work from a recognised university or a Post-Graduate Diploma in social work from a recognised university or tertiary education institution, or who is otherwise eligible for membership of the Australian Association of Social workers, and whose duties are concerned with community development or community group work and which may include the supervision and management of other welfare staff.
6.7.4(b) Salary [6.7.4(b) varied by PR951717 PR962408 PR975349 PR979725; The minimum annual salary payable to a Social worker shall be: Rates effective from 13.03.2008 to 30.08.2008 Year of Service $ 1st 38,077 2nd 39,288 3rd 40,764 6.8 Supervisors/foremen, overseers 6.8.1 Overseer [6.8.1(a) varied by PR951717 PR962408 PR975349 PR979725; 6.8.1(a) Except as provided in this subclause, an Overseer shall be paid a minimum annual salary of $40,468 Rates effective from 13.03.2008 to 30.08.2008. Provided, however, that where an Overseer is not under the direct supervision of, or direction by, an Engineer and prepares plans and specifications of work for a respondent, there shall be paid, in addition to the ordinary salary prescribed, a sum equivalent to ten percent of such ordinary salary.
6.8.1(b) The minimum annual salary to be paid to officers appointed to one of the following classifications shall be: 6.8.1(b)(i) Overseer [6.8.1(b)(i) varied by PR951717 PR962408 PR975349 PR979725; Rates effective from 13.03.2008 to 30.08.2008 Classification $ Assistant Overseer 39,343 Supervisor/Foreman in Charge 39,344 Supervisor/Foreman Special Grade A 38,645 Grade B 37,995
AT835155 Clause 6 (p. 10 of 13) – PR983897 Supervisor/Foreman Grade 1 37,622 Supervisor/Foreman Grade 2 36,605 Supervisor/Foreman Grade 3 35,229 6.8.1(c) Assistant overseer shall mean an officer who has been classified as such by the respondent Community Council. 6.8.1(d) Supervisor/foreman in charge shall mean an officer classified as such by a respondent, who is employed in a supervisory capacity and who is not under the supervision of an Overseer or assistant overseer, but who is directly responsible to the Engineer or Chief Executive Officer. 6.8.1(e) Supervisor/foreman special grade shall be an officer classified at the discretion of an employing respondent in one of the designated grades in 6.8.1(b) and in so appointing an officer the respondent Community Council shall have regard for any or all of the following factors, viz.
identifiable changes in: 6.8.1(e)(i) the nature and volume of the work performed; 6.8.1(e)(ii) the level of skill required to perform the work; 6.8.1(e)(iii) the level of responsibility associated with the duties being performed; 6.8.1(e)(iv) the value of work being performed. 6.8.1(f) Officers who believe their position should be re-graded to Foreman special grade shall, having regard to the factors as listed above, make written application to the Community Council setting out full details in support of their request. The Community Council shall examine the matter and advise the officer of its decision in writing within six weeks of receipt of the application.
AT835155 Clause 6 (p. 11 of 13) – PR983897 6.9 Technical supervisors - engineering/works 6.9.1 Definitions 6.9.1(a) General A Technical supervisor - engineering/works shall mean an officer employed by a respondent Community Council to undertake a level of responsibility for the day-to-day direction, control and supervision of an area of work including the direction, control and supervision of other Council officers or employees or of contractors engaged on such work in the Council’s Engineering/Works activities, who has obtained a formal qualification in a course relevant to his or her position, or who, whilst having no such formal qualification, has accumulated satisfactory service of such duration and of such a nature that he or she is qualified by experience to carry out the duties of a Technical supervisor-engineering/works.
Such duties may include technical and/or managerial responsibilities performed either independently or under the general direction of a Professional Engineer, and shall include the supervision, direction and control of other Council officers or employees or of contractors.
6.9.2 Specific grades 6.9.2(a) A Technical supervisor-engineering/works grade 1 shall mean a Technical supervisor-engineering/works who has been newly appointed to this type of work. 6.9.2(b) A Technical supervisor-engineering/works grade 2 shall mean a Technical supervisor-engineering/works who does not require direct and constant supervision by a superior officer, and who is engaged on a project or projects being work or works undertaken on behalf of a respondent Council which involve any of the following, viz. planning, coordination, construction, operation or maintenance of civil, mechanical or electrical installations by either day labour or contract such that the annual expenditure approved by Council for the area of responsibility concerned is less than the following: Type of work Approved annual expenditure $ Planning and design work 5 million Contract work 1 million Day labour construction, operation or maintenance works ½ million
AT835155 Clause 6 (p. 12 of 13) – PR983897 6.9.2(c) A Technical supervisor-engineering/works grade 3 shall mean a Technical supervisor-engineering/works who does not require direct and constant supervision by a superior officer, and who is engaged on a major project being work similar to the works mentioned in the definition of Technical supervisor-engineering/works grade 2, wherein the annual expenditure approved by Council for the area of responsibility concerned is equal to or higher than the appropriate figure contained in the schedule of types of work and approved annual expenditures in the said definition.
6.9.2(d) A Technical supervisor-engineering/works grade 4 shall mean a Technical supervisor-engineering/works, as defined, who: 6.9.2(d)(i) has a significant level of responsibility for the overall direction, control and supervision of an area of work; or 6.9.2(d)(ii) is required to undertake significant extra duties or responsibilities; or 6.9.2(d)(iii) has obtained additional qualifications and/or experience relative to the field of work.
6.9.3 Salaries 6.9.3(a) The minimum annual salaries payable to Technical supervisorsengineering/works shall be in accordance with the following salary scales: 6.9.3(a)(i) Specific grades [6.9.3(a)(i) varied by PR951717 PR962408 PR975349 PR979725; Rates effective from 13.03.2008 to 30.08.2008 Designation $ Grade 1 - 1st year of experience 41,915 - 2nd year of experience 42,561 Grade 2 43,326 Grade 3 44,438 Grade 4 46,062 6.9.3(b) The progression of an officer between the grades for Technical supervisorsengineering/works numbered 1, 2, 3 and 4 shall be by appointment, promotion or reclassification in conformity with the definitions contained in this award .
6.9.3(c) Progression from wage point 1 to wage point 2 within grade 1 shall be by an annual increment, having regard to the acquisition of skills and knowledge through experience in his or her practice setting(s) over such period.
AT835155 Clause 6 (p. 13 of 13) – PR983897 6.9.3(d) Where an officer is appointed a Technical supervisor-engineering/works grade 3, he or she shall not be regraded to a lower grade of Technical supervisor-engineering/works on the sole grounds that the annual expenditure approved by Council for the area of responsibility concerned has for the time being fallen to the level prescribed for a project or projects in the definition of Technical supervisor-engineering/works grade 2.
6.9.3(e) Annual expenditure approved by Council for a project or projects or for a major project shall be that determined annually by the Council at the beginning of each financial year; and the appropriate grading of a Technical supervisor-engineering/works grade 2 or grade 3 shall be made in accordance with the said approval, and shall be implemented as from 1 July each year.
6.10 Salary increments 6.10.1 Movement to the next higher salary point within a level will be by way of annual increment subject to the officer having given satisfactory service for the prior twelve months in accordance with a Staff Development and Appraisal system developed by the respondent in consultation with employees who may be represented by their accredited union representative in such consultation. 6.10.2 Where a representative chooses not to implement a Staff Development and Appraisal System, movement between salary points will occur at yearly intervals. 6.10.3 Movement to a higher level within the scale will occur by way of promotion to a vacant position or reclassified position for which an officer is skilled to perform.
AT835155 Clause 7 - PR962408 7. ARBITRATED SAFETY NET ADJUSTMENT [7.1 substituted by PR951717; PR962408 ppc 21Sep05] 7.1 The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review - Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and over award arrangements.
Absorption which is contrary to the terms of an agreement is not required.
[7.2 substituted by PR951717; PR962408 ppc 21Sep05] 7.2 Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
AT835155 Clause 8 8. NATIONAL TRAINING WAGE 8.1 This clause shall apply to persons who are undertaking a Traineeship (as defined) who are employed by an employer party bound by this award. 8.2 A party to this award shall comply with the terms of the National Training Wage Award 2000 [PR904174 [AW790899]], as varied, as though bound by clause 4 of that award.
The relevant skill level for traineeship employment under this award is Skill Level A. 8.3 Definition Traineeship means a system of training which has been approved by the relevant State or Territory Training Authority or which has been approved on an interim basis by the National Employment and Training Taskforce (NETTFORCE), until final approval is granted by the relevant State or Territory Training Authority.
AT835155 Clause 9 (p. 1 of 3) - PR983897 9. SUPPORTED WAGE SYSTEM 9.1 This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In the context of this clause, the following definitions will apply: 9.1.1 Supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process.
9.1.2 Accredited assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
9.1.3 Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme. 9.1.4 Assessment instrument means the form provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
9.2 Eligibility criteria 9.2.1 Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension. 9.2.2 This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
9.2.3 This clause does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or under s.12A of the Disability Services Act, or if a part only has received recognition, that part.
9.3 Supported wage rates 9.3.1 Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:
AT835155 Clause 9 (p. 2 of 3) - PR983897 Assessed capacity Prescribed award rate (9.4) 10%* 10% 20% 20% 30% 30% 40% 40% 50% 50% 60% 60% 70% 70% 80% 80% 90% 90% [9.3.2 varied by PR951717 PR962408 PR975349 PR979725; 9.3.2 Provided that the minimum amount payable shall be not less than $66.00 Rates effective from 13.03.2008 to 30.08.2008 per week. 9.3.3 * Where a person’s assessed capacity is 10%, they shall receive a high degree of assistance and support. 9.4 Assessment of capacity For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the supported wage system and documented in an assessment instrument by either: 9.4.1 The employer and a union party to the award, in consultation with the employee or, if desired by any of these; 9.4.2 The employer and an accredited assessor from a panel agreed by the parties to the award and the employee.
9.5 Lodgement of assessment instrument 9.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Australian Industrial Relations Commission. 9.5.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the award, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.
AT835155 Clause 9 (p. 3 of 3) - PR983897 9.6 Review of assessment The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the supported wage system. 9.7 Other terms and conditions of employment Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.
9.8 Workplace adjustment An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area. 9.9 Trial period 9.9.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
9.9.2 During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined. [9.9.3 varied by PR951717 PR962408 PR975349 PR979725; 9.9.3 The minimum amount payable to the employee during the trial period shall be no less than $66.00 Rates effective from 13.03.2008 to 30.08.2008 per week. 9.9.4 Work trials should include induction or training as appropriate to the job being trialled.
9.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under 9.4.
AT835155 Clause 10 10. PAYMENT OF SALARIES 10.1 All salaries shall be paid at least fortnightly. 10.2 For the purpose of calculating the amount payable fortnightly, the annual salaries prescribed shall be divided by 26. 10.3 The payment of salaries and allowances shall be made to officers by means of: 10.3.1 Electronic Fund Transfer to a bank, building society or credit union or other financial institution nominated by the officer.
10.3.2 Payment by cheque, at a bank, building society, credit union or other financial institution nominated by the officer.
AT835155 Clause 11 11. OFFICERS PERFORMING HIGHER DUTIES 11.1 When an officer is engaged wholly or mainly on duties other than those of the officer’s usual grade or classification, the officer shall be paid the existing salary of the officer so relieved. 11.2 Where the officer so relieved holds a position for which the award provides more than one wage point, the officer engaged in relieving shall be paid the appropriate salary applicable to the first wage point, and whilst continuing to perform such duties shall receive the prescribed annual increments. No officer so acting shall be paid at less than the usual rate of salary.
This condition shall not apply where relieving duties are performed for not more than one day at a time.
11.3 A junior officer engaged wholly or mainly on duties for which adult rates of salary apply shall be paid at the minimum adult rate applicable to those duties. The engagement wholly or mainly on such duties shall mean and include the carrying out of more than 50% of the duties usually then performed in the position to which the adult rates apply and acceptance of more than 50% of the responsibility usually then associated with those duties.
AT835155 Clause 12 12. OFFICERS HOLDING JOINT OR DUAL OFFICES 12.1 Where an officer carries out the duties of a joint or dual office such officer shall be paid the salary pertaining to the higher office provided that this condition shall not apply in cases where such duty is performed for not more than one day at a time.
12.2 Where an officer is employed by more than one respondent the salary payable shall be that prescribed for the relevant classification plus 10% and the officer’s salary shall be paid pro rata by each respondent on a basis to be mutually arranged.
AT835155 Clause 13 (p. 1 of 4) – PR983897 13. ALLOWANCES 13.1 Locality allowances In addition to remuneration otherwise payable under this award, an officer shall be paid a locality allowance in accordance with the scale of such allowances prescribed by Directive 19/99 made pursuant to the provisions of s.34.2 of the Public Service Act 1996. 13.2 Stand-by for emergency work [13.2.1 varied by PR951717 PR962408 PR975349 PR979725; 13.2.1 An officer who is required by a respondent to be on-call for emergency work outside ordinary working hours shall be paid an allowance at the rate of $44.81 Rates effective from 13.03.2008 to 30.08.2008 for each week upon which there is a requirement to be on-call for emergency work.
13.2.2 An officer whose period of on-call duty includes or coincides with a Public Holiday shall have added to the annual leave entitlement one day for each such holiday on which such officer is required to be on call. 13.2.3 Officers called out on emergency work shall be entitled to payment for such work from the time of leaving home to commence that work until they return home from such work but they must return home within a reasonable time and payment shall be calculated accordingly at the appropriate overtime rate but such payment shall not be less than three hours salary at ordinary time rates.
13.3 Meal allowance [13.3 varied by PR951717 PR962408 PR975349 PR979725; 13.3.1 An officer required to continue working for more than one hour after usual ceasing time on any day or beyond 1.00 p.m. on a Saturday, Sunday, or public holiday shall be paid a meal allowance of $11.23 Rates effective from 13.03.2008 to 30.08.2008 13.3.2 Officers required to continue working overtime hereof for more than four hours beyond the first hour referred to in 13.3.1 shall be paid a further meal allowance of $11.23 Rates effective from 13.03.2008 to 30.08.2008 or shall be supplied with a reasonable meal upon the completion of each period of four hours after commencing each such period of overtime.
At the completion of each period of four hours overtime an officer shall be entitled to crib time of not less than 30 minutes to enable the partaking of a meal.
13.4 Travelling allowance [13.4 varied by PR951717 PR962408 PR975349 PR979725; 13.4.1 All reasonable and travelling and/or out-of-pocket expenses including meals incurred by an officer in the course of official duties shall be reimbursed by the respondent. Provided that an officer who is required to travel and remain away from home over-night shall in addition to the foregoing be paid an allowance of $22.36 Rates effective from 13.03.2008 to 30.08.2008 per night in lieu of bed
AT835155 Clause 13 (p. 2 of 4) – PR983897 and breakfast or provided with reasonable accommodation and such allowance shall be paid in advance if requested.
13.4.2 An officer required to travel as part of official duties at hours outside the prescribed ordinary hours of duty shall be paid for such travelling time at ordinary rates Monday to Friday inclusive and at time and a half on Saturdays, Sundays and Public holidays, provided that such payment shall not exceed pay as for eight hours on any day.
13.4.3 An officer required to report for duty at a place away from the usual place of duty involving travelling time in excess of that normally occupied in travelling to and from the place of duty shall be paid ordinary rates for all such excess travelling time. 13.5 Motor vehicle expenses [13.5 varied by PR962408; PR975349 ppc 01Dec06] 13.5.1 Where an officer provides the officer’s own motor car or motor cycle, and same is necessary for the proper discharge of the duties, such officer shall be paid an allowance per kilometre in accordance with the schedule hereunder and in accordance with the horsepower of the vehicle used.
Category of Vehicle Cents per km AUTOMOBILES 1600cc and less 55.0c 1601cc to 2600cc 66.0c 2601cc and over 67.0c AUTOMOBILES-ROTARY ENGINE 800cc and less 55.0c 801cc to 1300cc 66.0c 1301cc and over 67.0c MOTORCYCLES 250cc and under 22.0c Over 250cc 26.8c The above scale of kilometre rates shall be varied as and with the corresponding scale of kilometre rates as determined from time to time for the Queensland State Public Service and the and the amount Divisions shown in 13.5.1 shall be the same as those for the Queensland State Public Service, except where mutually decided by the Australian Municipal, Administrative, Clerical and Services Union and the respondent Community Councils or where otherwise determined by the Australian Industrial Relations Commission.
13.6 First aid allowance [13.6 varied by PR951717 PR962408 PR975349 PR979725; An officer who has been trained to render first-aid and who is the current holder of appropriate first-aid qualifications, such as a Certificate from the St. John’s Ambulance
AT835155 Clause 13 (p. 3 of 4) – PR983897 or similar body, shall be paid a weekly allowance of $8.62 [effective 13.3.2008 to 30.08.2008] if appointed by the Council to perform first aid duty. 13.7 Wet weather and other disabilities 13.7.1 Work in the rain 13.7.1(a) If an officer is required to work in the rain and by so doing gets his or her personal clothing wet, such officer shall be paid single time in addition to the rate otherwise payable, for all time worked in wet clothing up to the time he or she is able to change into dry clothing or until he or she ceases work whichever is the earlier.
13.7.1(b) Where an employee is required to wear waterproof or other protective clothing such as a waterproof jacket, boots or gloves, the respondent must reimburse the employee the cost of purchasing such protective clothing approved by the respondent. 13.7.1(c) The provision set out 13.7.1(b) above does not apply where the clothing is paid for by the respondent. 13.7.1(d) Where protective clothing is supplied without cost to the employee it shall remain the property of the respondent. 13.7.2 Work under extraordinarily difficult or unpleasant conditions 13.7.2(a) Officers required to work under conditions where they are exposed to effluents from sewers, septic tanks or drains of any kind or officers required to enter sewerage wet wells, live sewers and septic tanks shall be paid for all time worked under such conditions at the rate of single time in addition to the rate otherwise payable.
13.7.2(a)(i) For the purposes of this paragraph exposed to effluents from sewers, septic tanks or drains shall include where an officer, in the course of the duties, comes into contact with the effluents, or where the officer has to work in places where such effluents have been, or where the officer by virtue of working in sewers, septic tanks or drains of any kind encounters foul or offensive odours or fumes. 13.7.2(b) Officers required to work in water, slime, slush or swampy boggy ground, so that their feet and ankles become submerged, shall be paid for all time actually worked under such conditions at the rate of single time in addition to the rate otherwise payable.
13.7.2(b)(i) Provided that this additional payment shall not apply where suitable, practical and effective footwear and suitable, practical and effective protective clothing are provided by the employer and where, as a consequence of the use of such protective clothing and footwear, the officers concerned are not subject to the disabilities in respect of which the additional payment is prescribed.
AT835155 Clause 13 (p. 4 of 4) – PR983897 13.7.2(b)(ii) Provided further that if such protective clothing and footwear is provided and not worn for other than safety reasons, then the respondent Council shall not be liable for any payments under this subclause.
13.7.2(c) The payments prescribed in 13.7.2(a) and 13.7.2(b) shall continue until the officer has had the opportunity to change the clothing or clean up. Where the payment is made in respect of foul or offensive odours or fumes the payment shall cease when the officer has completed the work in the area. 13.7.3 Savings The additional rates prescribed in 13.7.1 and 13.7.2 shall not be paid in addition to any disability allowances or penalty rates to which an officer would otherwise be entitled pursuant to 14.2.2, in respect of the same disability but such officer shall receive whichever amount is the highest.
13.8 Instruments 13.8.1 Where an employee is required to provide his or her own equipment and instruments, the employer must reimburse the employee the cost of such equipment and instruments approved by the employer. 13.8.2 This provision does not apply where the equipment or instruments are paid for by the employer. 13.8.3 Where equipment or instruments are supplied without cost to the employee, it shall remain the property of the employer.
AT835155 Clause 14 (p. 1 of 4) 14. HOURS OF DUTY 14.1 Subject to the remaining subclauses of this clause the ordinary hours of duty of officers shall not exceed 36.25 per week or 7.25 per day, to be worked Mondays to Fridays (both days inclusive) between the hours of: Inside staff: 8.00a.m.
6.00p.m. Outside staff: 1 April to 30 September 7.00a.m. - 5.00p.m. 1 October to 31 March 6.00a.m. - 5.00p.m. 14.1.1 Such ordinary daily hours shall be worked with a break of not less than threequarters of an hour or more than one hour for a meal between 12.00 noon and 2.00 p.m. In special circumstances, the ordinary hours of duty of an officer or officers may be altered as to the spread of hours by mutual agreement between a respondent and the officer or officers. Any such agreement shall be reduced to writing and either party shall have the right to withdraw from the agreement by giving the other party not less than four weeks’ notice of its intention so to do.
14.1.2 Whilst staggering of hours of a limited number of officers or classifications over the full spread of hours shall still be permitted, respondents will not adopt “split shifting” of staff so as to commence a substantial part of the workforce at the beginning of the day before 8.30 a.m. and commence another substantial part of the workforce so as to conclude at the end of the day after 5.30 p.m. 14.1.3 For the purposes of this clause outside staff shall include those officers whose duties require that they commence work at the same starting time as outside wages employees employed under State awards or contractors to the Council or their employees.
14.1.4 Provided that where work requirements dictate, officers classified pursuant to 6.8 shall alter the time of taking their scheduled meal break by up to one hour. In such circumstances the meal break shall be not less than half hour duration. By agreement as between an officer and a respondent the difference as between the meal break taken and the usual meal break of the officer, may be taken on the day in question as time in lieu and if it is not so taken it shall be paid as overtime. 14.2 The ordinary hours of duty of officers having workmen under their immediate supervision shall if so determined by the employing respondent be the same as the ordinary hours of the workmen supervised, subject to the conditions prescribed by 14.2.1 and 14.2.2.
Provided that this subclause shall not apply to officers holding professional qualifications, and for the purpose of this subclause Engineering Surveyors shall be deemed to be included in that category: 14.2.1 Where it is necessary to establish an hourly rate for the purpose of calculating overtime, notwithstanding the ordinary hours of duty pursuant to this subclause, the divisor used shall be 36.25.