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[1994] AIRC 700
procedural. Order made in relation to the employment of J. Hornsey. The Australian Broadcasting Corporation ordered to observe attached terms and conditions. Order to prevail over inconsistent award...
2 cited instruments linked from this judgment.
This is a short decision by the Australian Industrial Relations Commission from May 1994. The Commission made an order settling a workplace dispute about the pay and conditions of Julie Hornsey, a camera assistant at the ABC working on a TV documentary called 'Flying Vet'. The order approved a special salary package where Ms Hornsey would receive double her normal pay (100% loading) for two separate periods of work. This higher pay was to cover all overtime, weekend work, and other allowances. The order overrode any inconsistent provisions in the relevant award. The decision does not contain any detailed legal reasoning—it simply records the agreed terms and gives them legal effect as an order of the Commission.
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Industrial Relations Act 1988 s.99 notification of industrial dispute
Australian Public Sector and Broadcasting Union, Australian Government Employment
Australian Broadcasting Corporation (C No. 20897 of 1991)
Various employees Commonwealth employment
COMMISSIONER SMITH MELBOURNE, 10 MAY 1994
In relation to the employment of J. Hornsey, the Australian Broadcasting Corporation shall observe the attached terms and conditions. To the extent of any inconsistency between this order and any award, this order shall apply. This order shall come into effect on and from 6 May 1994 and shall continue in force until 12 June 1994.
2 ORDER
Julie Hornsey, Camera Assistant, Production Operations, TV Queensland.
Camera Assistant - Documentary Production - "Flying Vet"
The ABC wishes to offer you a salary package for two (2) separate periods, intervened by approximately 5 weeks, to work as Camera Assistant on the above TV Science, Features & Documentaries Production.
The first period will commence on Friday 6 May 1994 and finish on Sunday 12 June 1994 inclusive. The second period will commence on Wednesday 6 July 1994 and finish on Thursday 11 August 1994 inclusive.
This agreement, subject to your concurrence and signature below, indicates your formal acceptance of the exclusive terms and conditions contained hereunder:
(1) You shall receive a 100% salary loading for each of the two periods specified above.
(a) All hours worked, including all overtime hours worked.
(b) All shift penalties applicable for work performed on any days
worked, including weekends and public holidays, and all special rates penalties.
(c) All meal allowances applicable through possible entitlement under Personnel Circular 3/88 MEAL ALLOWANCES dated 12.9.88.
(3) You shall receive three (3) Rostered Free Days per three (3) week
(4) LEAVE. Any sick leave incurred during the period of this agreement may, at Management's discretion, be paid at the relevant base salary until your return to duty on the program specified in this
agreement. Recreation leave, unless approved by Manager TV (QLD), will not be granted during the period of this agreement.
(5) Overall, you will be responsible to the ABC's Manager Television (QLD) and on a day to day basis to Producers Jack King and Brian Nicholls.
ORDER - COMMONWEALTH EMPLOYMENT
3
(6) If, for any reason during the term of this agreement or any extension thereof, the ABC suspends or cancels the production mentioned above, your remuneration shall not continue at the rate stipulated in paragraph 1 above, but shall revert to the relevant base salary at which you would normally be paid.
(7) If, for any reason, you cease to work on the production mentioned above during the period subject of this agreement, this agreement will cease concurrently.
(8) In respect of any journeys undertaken under this agreement at the production's request, the ABC will pay your approved fares together with a travelling allowance on the same basis as applies to ABC staff in receipt of a salary below that for Senior Executives Point
(9)
For the duration of this agreement, you will continue to accrue
sick leave, recreation leave and long service leave
in accordance
with ABC Staff Rules 69 and 49 and section 12 of the Long Service
Leave (Commonwealth Employees) Act 1976, respectively.
(10) You agree that the above salary package covers all matters listed in this agreement and that you have no further claim to any additional remuneration arising from those areas covered in this
I would appreciate if you could record your agreement to this letter of
appointment and the conditions set out herein, by signing below and returning the original to Manager General Services TV (Q), Riverside Building, Toowong. A copy is enclosed for your records.
I, Julie Hornsey, hereby accept and agree to the terms and conditions contained herein, for the periods specified above.
Julie Hornsey 28.4.94 Signed: ...................... Dated: ..................
Order made in relation to the employment of J. Hornsey. The Australian Broadcasting Corporation ordered to observe attached terms and conditions. Order to prevail over inconsistent award provisions. Order effective from 6 May 1994 to 12 June 1994.