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AT794071 - Queensland Local Government Officers' Award 1998 [Transitional]

12. ALLOWANCES

12.1 Locality allowance

[12.1 varied by PR939202 ppc 21Seo03]

In addition to remuneration otherwise payable under this award, an officer shall be paid a locality allowance with the scale of such allowance as prescribed by Directive Number 19/99 made pursuant to provisions of s.34 of the Public Service Act 1996.

12.2 Stand-by for emergency work

[12.2 varied by S9580 T1100 PR909784 PR921747 PR939202 PR951718; deleted by PR958449 ppc 30May05; PR958449 stayed by PR959376; PR959376 set aside by PR962423 from 09Sep05; varied by PR962402; corrected by PR963296 ppc 21Sep05]

12.2 Availability allowance

[New 12.2 inserted by PR970730 ppc 24Mar06]

12.2.1 An employer may instruct an employee to be available to perform emergency work either remotely or through attendance at a Council work-site outside of his /her normal working hours.

[12.2.2 varied by PR975324 PR978348; PR983894 ppc 01Oct08]

12.2.2 For an employee who may be instructed to be available but expected to perform the work remotely e.g. by telephone or electronic link-up, the employee shall be paid an allowance of $11.62 per day for each day that employee is required to be available.

12.2.3 To be eligible for the allowance, the employee must have been instructed to be available for work and be readily accessible and in a fit state if called upon to perform work. The mere provision of electronic means for contact or to perform work remotely does not in itself justify entitlements to the allowance.

[12.2.4 varied by PR975324 PR978348; PR983894 ppc 01Oct08]

12.2.4 For an employee who may be instructed to be available and required to attend a Council work-site to perform the work, the employee shall be paid an allowance of $12.80 per day.

12.2.5 To be eligible for the allowance, the employee must have been instructed to be available for work, be readily contactable, in a fit state to perform the work and be within reasonable travelling distance of the work-site. The mere provision of electronic means for contact does not in itself justify entitlements to the allowance

12.2.6 If an officer is required to leave home to perform emergency work, all work performed on that day shall be paid at the prescribed overtime rates, from the time of leaving home to commence work until the time the officer returns home. The payment received in these circumstances shall not be less than three hours salary at ordinary time rates on the first occasion on any one day the officer is required to leave home, provided that any subsequent requirement to perform work away from home which occurs within the initial three hour time period and does not extend beyond the three hour time period will not be subject to an additional payment of three hours. Any subsequent requirement for an officer to leave home to perform work will be paid at the appropriate overtime rate for the actual time worked with no prescribed minimum.

12.2.7 If the officer is called upon to perform emergency work remotely or from home, all work performed on that day shall be at the prescribed overtime rates, from the time the officer commences the emergency work until such time the officer finishes the work If an officer is required to perform work on one or more occasions in any one day the payment received for that day shall not be less than one hour salary at ordinary time rates.

12.2.8 This clause will not apply to Executive officers or officers who have been provided with mutually-agreeable alternative arrangements/benefits to compensate for being available to perform emergency work.

12.2.9 An officer subject to this clause and who can not be reasonably contacted or refuses to perform the emergency work for legitimate or other reasons will forfeit any allowances provided for in this clause.

12.3 Meal allowance

[12.3 varied by S9580 T1100 PR909784 PR921747 PR939202 PR951718 PR962402 PR975324 PR978348; PR983894 ppc 01Oct08]

12.3.1 An officer other than an officer employed on shift work as defined in clause 14 of this award required to continue working for more than two hours after the usual ceasing time on any day or beyond 1.00pm on a Saturday, Sunday or public holiday, shall be paid a meal allowance of $11.86.

12.3.2 Officers other than officers employed on shift work as defined in clause 14 – Shift work, of this award required to continue working overtime for more than four hours after the first hour worked shall be paid a further meal allowance of $11.86 upon the completion of each period of four hours after commencing such 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 officer to partake of a meal.

12.3.2(a) Officers performing shift work as defined in clause 14 - Shift work, of this award who are required to continue working for more than two hours after the usual ceasing time shall be paid a meal allowance of $11.86.

12.3.2(b) Officers who are required to continue working for more than a further four hours following completion of the first hour's overtime shall be paid a further meal allowance of $11.86.

12.3.3(c) Officers performing shift work as defined in clause 14 – Shift work, of this award who are recalled to work overtime shall receive after the completion of each four hours of overtime, a meal allowance of $11.86 and a 30-minute crib break for which no deduction of pay shall be made.

This provision does not apply to Executive Officers.

12.4 Travelling

12.4.1 All reasonable travelling and/or out-of-pocket expenses including meals incurred by an officer in the course of the officer's duties shall be reimbursed by the respondent.

12.4.1(a) An officer required to travel as part of the officer's duties at hours outside the prescribed ordinary hours of duties 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.

12.4.1(b) An officer required to report for duty at a place away from the officer's usual place of duty involving travelling time in excess of that normally occupied in travelling to and from the officer's place of duty shall be paid ordinary rates for all such excess travelling time.

This provision does not apply to Executive Officers.

12.5 Motor vehicle expenses

[12.5 varied by PR909784 PR921747 PR939202 PR962402; PR975324 ppc 01Dec06]

Where an officer is required by a respondent to provide a motor vehicle for official duties that officer shall be paid an allowance per kilometre in accordance with the scale of such allowance as prescribed by Directive Number 9/06 made pursuant to the provisions of s.34 of the Public Service Act 1996.

12.6 Camping allowance

12.6.1 Where for the performance of the officer's work it is necessary for an officer to live in a camp provided by the respondent, free of charge, either because there are no reasonable transport facilities to enable that officer to travel to and from the officer's home each day or because the officer is directed by the respondent to live in such a camp, then:

[12.6.1(a) varied by S9580 T1100 PR909784 PR921747 PR939202 PR951718 PR962402 PR975324 PR978348; PR983894 ppc 01Oct08]

12.6.1(a) Such officer shall be paid a camping allowance of $15.33 for each day (including Saturday and Sunday) the officer lives in camp.

12.6.1(b) When an officer lives in a camp during the week and returns home for a weekend or part of a weekend but is not absent from the job for any of the ordinary working hours, the officer shall be paid camping allowance for five days.

12.6.1(c) An officer who returns home or is otherwise absent from camp for not more than two nights during that week but who does not absent himself or herself from the job shall nevertheless be deemed to live in camp during the week and shall be entitled to a camping allowance for five days.

This provision does not apply to Executive Officers.

12.7 Wet weather and other disabilities

12.7.1 Work in the rain

If an officer is required to work in the rain and by doing so gets the officer's personal clothing wet, such officer shall be paid single time in addition to the rate otherwise payable, for all time worked in that wet clothing up to the time the officer is able to change into dry clothing or until the officer ceases work whichever is the earlier.

12.7.1(a) 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.

12.7.1(b) The provision set out in 12.7.1(a) above does not apply where the clothing is paid for by the respondent.

12.7.1(c) Where protective clothing is supplied without cost to the employee it shall remain the property of the respondent.

12.7.2 Work under extraordinarily difficult or unpleasant conditions

12.7.2(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.

For the purposes of this paragraph "exposed to effluents from sewers, septic tanks or drains" shall include where an officer, in the course of his or her duties, comes into contact with the effluents, or where the officer has to work in places where such effluents has 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.

12.7.2(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 extra in addition to the rates otherwise payable. Provided that this extra payment shall not apply where suitable, practical and effective footwear and suitable, practical and effective protective clothing are provided by the respondent 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 extra payment is prescribed. Provided further that if such protective clothing and footwear is provided and not worn for other than safety reasons then the respondent shall not be liable for any payments under this clause.

12.7.2(c) The payments prescribed in 12.7.2(a) and (b) of this clause shall continue until the officer has had the opportunity to change clothing or clean up. Provided where the payment is made in respect of foul or offensive odours or fumes the payment shall cease when the officer has completed work in the area.

12.7.2(d) The additional rates prescribed by 12.7.2(a), (b) and (c) of this clause shall not be paid in addition to any disability allowance or penalty rates to which an officer would otherwise be entitled pursuant to 13.2.1(d) of this award in respect of the same disability but which the officer shall receive whichever amount is the highest.

This provision does not apply to Executive Officers.

12.8 First aid allowance

[12.8 varied by S9580 T1100 PR909784 PR921747 PR939202 PR951718 PR962402 PR975324 PR978348; PR983894 ppc 01Oct08]

An officer who has been trained to render first aid and who is the current holder of an appropriate first aid qualification, such as a certificate from the St John's Ambulance or similar body, shall be paid a weekly allowance of $12.83 if the officer is appointed by the respondent to perform first aid duty.

This provision does not apply to Executive Officers.

12.9 Transfer expenses

An officer transferred by a respondent from the officer’s usual place of employment so as to render it necessary for the officer to live away from home shall be paid all reasonable accommodation expenses for a period not exceeding three months; provided that in any event the respondent shall not be liable to pay expenses after the officer has taken up permanent residence at the officer’s new centre.

12.10 Instruments

12.10.1 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 respondent.

12.10.2 This provision does not apply where the equipment or instruments is paid for by the employer.

12.10.3 Where equipment or instruments are supplied without cost to the employee it shall remain the property of the employer.

12.11 Quarters

Where an officer is provided with quarters, and is required to occupy them in discharge of the officer’s duties by order of the respondent, such quarters shall be rent free.

Provided that this clause shall not preclude a respondent from providing quarters for its officers and charging a proper rental for the occupation thereof where such quarters are provided by the respondent for the convenience of any officer and occupied by the officer, but not under direction of the respondent.

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