AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
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]
AT835155 Clause 3 3. OPERATION OF AWARD 3.1 This award comes into force on 1 July 2004 and shall remain in force for a period of twelve months. 3.2 This award supersedes the following awards: • 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 part- time 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.
AT835155 Clause 6 (p. 2 of 13) – PR983897 6.4.1 Salary scale - Project officer (transitional) [6.4.1 substituted by PR951717 PR962408 PR975349 PR979725; Note: these rates are effective from 13.03.2008 to 30.08.2008 Grade $ Grade 1 42,832 Grade 2 43,927 Grade 3 45,260 Grade 4 46,888 Grade 5 48,610 Grade 6 49,957 Grade 7 51,048 Grade 8 52,486 6.5 Clerical officers 6.5.1 Clerical officer means an officer who works under direct supervision and who performs a range of work from simple office tasks to clerical operations, performed in conformity with clear rules or guidelines that specify what is to be done, how it is to be done, when it is to be done, and who is subject to regular personal progress checks on the work being performed.
Without limiting the generality of the following: 6.5.1(a) Clerical operations may involve simple computational work carried out on machines used to assist in performing clerical work, provided that such work is checked and certified as correct by the operative supervisor. 6.5.1(b) Clerical operations may also involve: • referring the public to appropriate channels and providing routine information; • filing; • 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 Accounting- machine 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.