CITATION: Public Sector Employees - Grievance Procedures Award - State Reprint of Award - 1 November 2010

<http://www.qirc.qld.gov.au>

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act 1999 - s. 698 - reprint of award

PUBLIC SECTOR EMPLOYEES - GRIEVANCE PROCEDURES AWARD - STATE

Following the Declaration of the General Ruling in the 2010 State Wage Case (matter numbers B/2010/20 and B/2010/21), the Public Sector Employees - Grievance Procedures Award - State is hereby reprinted, pursuant to s. 698 of the Industrial Relations Act 1999. I hereby certify that the Award contained herein is a true and correct copy of the Public Sector Employees - Grievance Procedures Award - State as at 1 September 2010. Dated 1 November 2010. [L.S.] G.D. Savill Industrial Registrar

PUBLIC SECTOR EMPLOYEES - GRIEVANCE PROCEDURES AWARD - STATE

COMMISSIONER DEMPSEY

23 September 1991

NEW AWARD THIS matter coming on for hearing before the Commission at Brisbane on 23 September, 1991, this Commission doth Award as follows as from the twenty-third day of September, 1991:- Arrangement of Award Subject Matter Clause No. Part 1 - Preliminary Title 1.1 Award Coverage 1.2 Date of Operation 1.3 Part 2 - Terms and Conditions of Employment Grievance Procedures 2.1 PART 1 - PRELIMINARY 1.1 Title This Award shall be known as the Public Sector Employees - Grievance Procedures Award - State. 1.2 Award Coverage This Award shall apply to employees of the Public Sector Units as defined in the Public Sector Management Commission Act 1990-1991, whose wages and conditions of employment are prescribed by the Awards and Industrial Agreements described in Schedule 1: Provided that once such Awards and Industrial Agreements are varied to include specific grievance procedures for Public Sector employees or are replaced by new Awards or Agreements containing such provisions this Award will cease to have effect. 1.3 Date of Operation

2 This Award shall take effect and have the force of the law throughout the State of Queensland as from the twenty-third day of September, 1991. PART 2 - TERMS AND CONDITIONS OF EMPLOYMENT 2.1 Grievance Procedures (1) The objectives of the procedure are to promote the prompt resolution of grievances by consultation, co-operation and discussion; to reduce the level of disputation; and to promote efficiency, effectiveness and equity in the workplace. (2) This procedure applies to all industrial matters within the meaning of the Industrial Relations Act 1990-1991, subject to the operation of section 16.1 of the Act. (3) Stage 1 - In the first instance the employee shall inform such employee's immediate supervisor of the existence of the grievance and they shall attempt to resolve the grievance. It is recognised that an employee may wish to exercise the right to consult such employee's Industrial Organization representative during the course of Stage 1. (4) Stage 2 - If the grievance remains unresolved, the employee shall refer the grievance to the next in line management ("the Manager"). The Manager will consult with the parties. The employee may exercise the right to consult or be represented by such employee's Industrial Organization representative during the course of Stage 2. (5) Stage 3 - If the grievance is still unresolved, the Manager will advise the chief Executive and the aggrieved employee may submit the matter in writing to the Chief Executive of the organization if such employee wishes to pursue the matter further. If desired by either party, the matter shall also be notified to the Industrial Organization/Association. The Chief Executive shall ensure that:-

(a) the aggrieved employee or such employee's Industrial Organization/Association representative has the opportunity to present all aspects of the grievance;

(b) the grievance shall be investigated in a thorough, fair and impartial manner.

The Chief Executive may appoint another person to investigate the grievance. The Chief Executive may consult with the Industrial Organization/Association in appointing an investigating officer. The appointed person shall be other than the employee's supervisor of Manager. If the matter is notified to the Industrial Organization/Association, the investigating officer shall consult with the Industrial Organization/Association during the course of the investigation. The Chief Executive shall advise the employee initiating the grievance, such employee's Industrial Organization/Association representative and any other employee directly concerned of the determinations made as a result of the investigation of the grievance. The Chief Executive may delegate such Chief Executive's grievance resolution powers under this clause to a nominated representative. (6) The procedure is to be completed in accordance with the following time frames unless the parties agree otherwise:-

Stage 1 - Discussions should take place between the employee and such employee's supervisor within 24 hours and the procedure shall not extend beyond 7 days.

Stage 2 - Not to exceed 7 days. Stage 3 - Not to exceed 14 days.

(7) If the grievance is not settled the matter shall be referred to the Commissioner for Public Sector Equity, the Classification Review Tribunal or the Industrial Commission by the employee or the Industrial Organization/Association, as appropriate, in accordance with the respective jurisdictions of the Tribunals. (8) Subject to legislation, while the grievance procedure is being followed, normal work is to continue, except in the case of a genuine safety issue. The status quo existing before the emergence of a grievance or dispute is to continue whilst the procedure is being followed. No party shall be prejudiced as to the final settlement by the

3 continuation of work. (9) Where the grievance involves allegations of sexual harassment, an employee may commence the procedure at Stage 3. Dated this twenty-third day of September, 1991. By the Commission, [L.S.] M.J. CALLEN, Industrial Registrar. Schedule 1 1. AWARD FOR CERTAIN EMPLOYEES OF THE DEPARTMENT OF PRIMARY INDUSTRIES

EMPLOYED AT REGIONAL EXPERIMENTAL STATIONS, RESEARCH STATIONS, AND ANIMAL HEALTH STATIONS

2. AWARD FOR SENIOR MEDICAL STAFF - PUBLIC HOSPITALS, QUEENSLAND AND THE

QUEENSLAND RADIUM INSTITUTE 3. BOARDING HOUSE EMPLOYEES' AWARD - STATE (EXCLUDING OF SOUTH-EAST QUEENSLAND)

- Hours of Work - Employees of Departments of Government) - INDUSTRIAL AGREEMENT 4. CAFE, RESTAURANT AND CATERING AWARD - STATE (EXCLUDING OF SOUTH-EAST

QUEENSLAND) - Hours of Work - Employees of Departments of Government - INDUSTRIAL AGREEMENT 5. CANTEEN EMPLOYEES' AWARD - PSYCHIATRIC HOSPITALS AND OTHER INSTITUTIONS -

DEPARTMENT OF HEALTH 6. CARTING TRADE AWARD - SOUTHERN DIVISION - Baillie Henderson Hospital, Toowoomba -

INDUSTRIAL AGREEMENT 7. CARTING TRADE AWARD - SOUTHERN DIVISION - "Eventide", Sandgate - INDUSTRIAL

AGREEMENT 8. CARTING TRADE AWARD - SOUTHERN DIVISION - Pay Day for Drivers of Motor Vehicles Employed by

the Department of Works at the Ipswich Road Workshops - INDUSTRIAL AGREEMENT 9. CARTING TRADE AWARD - SOUTHERN DIVISION - Wolston Park Hospital, Wacol and Challinor Centre,

Ipswich - INDUSTRIAL AGREEMENT 10. CLERKS' AWARD - GOLDEN CASKET ART UNION OFFICE 11. CLERKS' AWARD - PUBLIC HOSPITALS - STATE 12. CLINIC ATTENDANTS' AWARD - QUEENSLAND RADIUM INSTITUTE 13. CONSERVATION, PARKS AND WILDLIFE EMPLOYEES' AWARD - STATE GOVERNMENT 14. COOKS AND KITCHENHANDS' AWARD - BRISBANE METROPOLITAN HOSPITALS BOARDS AND

PSYCHIATRIC HOSPITALS AND OTHER INSTITUTIONS UNDER THE CONTROL OF THE DEPARTMENT OF HEALTH

15. COOKS AND KITCHENMEN - MOSMAN HALL, CHARTERS TOWERS AND EVENTIDE HOME,

CHARTERS TOWERS - INDUSTRIAL AGREEMENT 16. CORE DRILLING AWARD - DEPARTMENT OF MINES 17. COST CLERKS AND TIMEKEEPERS' AWARD - STATE GOVERNMENT 18. DENTAL AUXILIARY STAFF AWARD - PUBLIC HOSPITALS 19. DENTISTS' AWARD - PUBLIC HOSPITALS BOARDS - STATE

4 20. DOMESTIC AND GENERAL STAFF AWARD - HALLS OF RESIDENCE - DEPARTMENT OF

EDUCATION 21. DOMESTIC EMPLOYEES - STATE MIGRATION HOSTEL, BRISBANE - INDUSTRIAL AGREEMENT 22. DRILL FOREMEN, DEPARTMENT OF MINES - INDUSTRIAL AGREEMENT 23. ELECTRICAL ENGINEERING AWARD - STATE - ELECTRICAL TRADES PERSONNEL EMPLOYED

ON TRAFFIC CONTROL AND COMMUNICATIONS - DEPARTMENT OF TRANSPORT - INDUSTRIAL AGREEMENT

24. CARTING TRADE AWARD - SOUTHERN DIVISION; COACH AND MOTOR BODY BUILDING

INDUSTRY AND FARRIERS' AWARD - STATE; DRIVEWAY, CAR YARD AND PARKING ATTENDANTS' AWARD - SOUTH EASTERN DISTRICT; ELECTRICAL ENGINEERING AWARD - STATE; MECHANICAL ENGINEERING AWARD - STATE; Hours of Duty for Employees at the Government Motor Garage, Zillmere - INDUSTRIAL AGREEMENT

25. EMPLOYEES EMPLOYED ON MOTOR VESSELS OWNED AND OPERATED BY THE FISHERIES

RESEARCH BRANCH, DEPARTMENT OF PRIMARY INDUSTRIES - INDUSTRIAL AGREEMENT 26. EMPLOYEES ON SURVEY LAUNCHES - DEPARTMENT OF HARBOURS AND MARINE -

INDUSTRIAL AGREEMENT 27. FARM SUPERVISORS (DEPARTMENT OF PRIMARY INDUSTRIES) AWARD 28. FOREMEN'S AWARD (CIVIL CONSTRUCTION AND MAINTENANCE) - STATE GOVERNMENT 29. FORESTRY EMPLOYEES' AWARD - STATE GOVERNMENT 30. FORESTRY EMPLOYEES' AWARD - STATE GOVERNMENT - Queensland Forest Service Employees

engaged on work associated with recreation - INDUSTRIAL AGREEMENT 31. GARDENERS - DIVISION OF INSTITUTIONAL GARDENS, DEPARTMENT OF HEALTH, CHERMSIDE

- INDUSTRIAL AGREEMENT 32. GRADED FOREMEN (DEPARTMENT OF WORKS) AWARD - STATE 33. HERD RECORDERS' AWARD - DEPARTMENT OF PRIMARY INDUSTRIES 34. HOME HELP, COMMUNITY HEALTH SERVICE, DEPARTMENT OF HEALTH AWARD - STATE 35. HYDROGRAPHIC SURVEY EMPLOYEES - DEPARTMENT OF HARBOURS AND MARINE -

INDUSTRIAL AGREEMENT 36. INSPECTORS - STOCK ROUTES AND RURAL LANDS PROTECTION DIVISION - DEPARTMENT OF

LANDS - INDUSTRIAL AGREEMENT 37. INSPECTORS OF WEIGHT OF LOADS - DEPARTMENT OF MAIN ROADS - INDUSTRIAL

AGREEMENT 38. MISCELLANEOUS WORKERS' AWARD - STATE GOVERNMENT 39. MOTHERCRAFT TRAINEES AND ASSISTANTS IN NURSING, DIVISION OF CHILD HEALTH,

DEPARTMENT OF HEALTH AWARD - STATE 40. PARLIAMENTARY AND REPORTING STAFF AWARD - STATE 41. PARLIAMENTARY SERVICES AWARD - STATE 42. PERMANENT PART-TIME TEACHING IN STATE SCHOOLS - INDUSTRIAL AGREEMENT 43. PHARMACEUTICAL EMPLOYEES' AWARD - PUBLIC HOSPITALS BOARD - STATE 44. PHYSIOTHERAPISTS, OCCUPATIONAL THERAPISTS AND SPEECH THERAPISTS AWARD - PUBLIC

HOSPITALS - STATE

5 45. PROFESSIONAL AND ADMINISTRATIVE AWARD - QUEENSLAND PERFORMING ARTS CENTRE -

STATE 46. PROFESSIONAL, ADMINISTRATIVE AND CLERICAL STAFF, QUEENSLAND RECREATION

COUNCIL - DEPARTMENT OF WELFARE SERVICES - INDUSTRIAL AGREEMENT 47. PROFESSIONAL AND TECHNICAL EMPLOYEES' AWARD - PUBLIC HOSPITALS, QUEENSLAND

AND THE QUEENSLAND RADIUM INSTITUTE 48. PSYCHIATRIC HOSPITALS ETC. EMPLOYEES' AWARD - STATE 49. PUBLIC HOSPITALS EMPLOYEES' AWARD - STATE 50. PUBLIC SERVICE AWARD - STATE - Conditions of Employment for Certain Officers of the State

Emergency Service - INDUSTRIAL AGREEMENT 51. QUEENSLAND CORRECTIVE SERVICES COMMISSION EMPLOYEES' AWARD - STATE 52. QUEENSLAND GOVERNMENT HYDRAULIC LABORATORY, DEAGON - DEPARTMENT OF

HARBOURS AND MARINE - INDUSTRIAL AGREEMENT 53. RABBIT BOARD EMPLOYEES AWARD - STATE 54. RESIDENT MEDICAL OFFICERS' AWARD - PUBLIC HOSPITALS, QUEENSLAND AND

QUEENSLAND RADIUM INSTITUTE 55. RURAL TRAINING SCHOOLS' (DOMESTIC AND GENERAL STAFF) AWARD - STATE 56. SECURITY EMPLOYEES' AWARD - STATE GOVERNMENT 57. SENIOR ADMINISTRATIVE NURSING STAFF AWARD - DIVISION OF PSYCHIATRIC SERVICES

AND EVENTIDES, DEPARTMENT OF HEALTH 58. SHARK NET MAKERS AND/OR REPAIRERS - DEPARTMENT OF HARBOURS AND MARINE -

INDUSTRIAL AGREEMENT 59. SOIL TESTERS' AWARD - DEPARTMENT OF MAIN ROADS AND QUEENSLAND WATER

RESOURCES COMMISSION 60. STATION HANDS' AWARD - STATE - Hours of Work - Employees of Departments of Government -

INDUSTRIAL AGREEMENT 61. STIPENDIARY MAGISTRATES AWARD - STATE 62. STOREMEN AND PACKERS' AWARD - NORTHERN AND MACKAY DIVISIONS - Hours of Work -

Employees of Departments of Government - INDUSTRIAL AGREEMENT 63. SURVEYORS' LABOURERS AND COOKS' AWARD - STATE GOVERNMENT 64. TEACHERS AIDES, DEPARTMENT OF EDUCATION AWARD - STATE 65. TEACHER OF MANUAL TRAINING SUBJECTS, DEPARTMENT OF EDUCATION - INDUSTRIAL

AGREEMENT 66. TECHNICAL OPERATORS - DEPARTMENT OF WORKS (QUEENSLAND CULTURAL CENTRE) -

INDUSTRIAL AGREEMENT 67. TRADESMEN ETC. (OTHER THAN BUILDING TRADES EMPLOYEES) PUBLIC HOSPITALS BOARDS

- INDUSTRIAL AGREEMENT. 68. WATER SUPPLY AND SEWERAGE LABOURERS AWARD - STATE (EXCLUDING BRISBANE)

EMPLOYEES - ROCKLEA - DEPOT - INDUSTRIAL AGREEMENT 69. BAKING TRADE AWARD - NORTHERN DIVISION 70. BOARDING HOUSE EMPLOYEES AWARD - STATE (EXCLUDING SOUTH-EAST QUEENSLAND)

6 71. BUILDING TRADES AWARD - STATE 72. CAFE, RESTAURANT AND CATERING AWARD - SOUTH-EASTERN DIVISION 73. CAFE, RESTAURANT AND CATERING AWARD - STATE (EXCLUDING SOUTH EAST

QUEENSLAND) 74. CARTING TRADE AWARD - NORTHERN AND MACKAY DIVISIONS 75. CARTING TRADE AWARD - SOUTHERN DIVISION 76. CLERKS AND SWITCHBOARD ATTENDANTS' AWARD - STATE 77. ENGINEERING AWARD - STATE 78. FURNITURE MANUFACTURING, REPAIRING, AND INSTALLATION, AND GLASS BEVELLING,

ETC., AWARD - STATE 79. GARAGE AND SERVICE STATION ATTENDANTS' AWARD - STATE (EXCLUDING SOUTH-EASTERN

DISTRICT) 80. HAIRDRESSERS' AWARD - BRISBANE 81. HAIRDRESSERS' AWARD - STATE (EXCLUDING BRISBANE) 82. JEWELLERS AND WATCHMAKERS AWARD - STATE 83. MEAT INDUSTRY (OTHER THAN EXPORT) AWARD - STATE 84. MOTOR DRIVERS, ETC., AWARD - SOUTHERN DIVISION 85. MOTORING SERVICES AWARD - SOUTH-EASTERN DIVISION 86. MUSICAL INSTRUMENT MAKERS' AWARD - STATE 87. PASSENGER VEHICLE DRIVERS ETC., AWARD - NORTHERN AND MACKAY DIVISIONS 88. PRAWN AND OTHER SEA FOOD PROCESSING AWARD - STATE 89. SAWMILLING INDUSTRY AWARD - STATE 90. SHOP ASSISTANTS' (GENERAL) AWARD - SOUTHERN DIVISION 91. SHOP ASSISTANTS' AWARD - NORTHERN AND MACKAY DIVISIONS 92. SHOP ASSISTANTS' AND STOREMEN AND PACKERS' IN RETAIL STORES AWARD - CENTRAL

DIVISION 93. STATION HANDS' AWARD - STATE 94. STOREMEN AND PACKERS' AWARD - NORTHERN AND MACKAY DIVISIONS 95. SURGICAL BOOTMAKING, BESPOKE BOOTMAKING AND BOOT REPAIRING AWARD - STATE 96. WHOLESALE WAREHOUSES AND STORES AWARD - SOUTHERN DIVISION (EASTERN DISTRICT) 97. BRIDGE, WHARF AND PIER CONSTRUCTION AWARD - STATE 98. ENGINE DRIVERS' AWARD - STATE 99. LOCAL AUTHORITIES (EXCLUDING BRISBANE) AND MAIN ROADS, ETC., AWARD - STATE 100. WATER SUPPLY AND SEWERAGE LABOURERS' AWARD - STATE (EXCLUDING BRISBANE)