Declaration of General Ruling (State Wage Case 2014) [2014] QIRC 130

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION CITATION: Declaration of General Ruling (State Wage Case 2014) [2014] QIRC 130 PARTIES: Queensland Council of Unions The Australian Workers' Union of Employees, Queensland (Applicants) and The State of Queensland Local Government Association of Queensland Ltd CASE NO'S: B/2014/28 B/2014/30 PROCEEDING: Application for Declaration of a General Ruling DELIVERED ON: 22 August 2014 HEARING DATE: 1 August 2014 MEMBERS: Deputy President Kaufman Industrial Commissioner Fisher Industrial Commissioner Thompson STATE WAGE CASE 2014 DECLARATION OF GENERAL RULING This Commission declares by way of General Ruling that all pre-modernised awards be amended to include the following provisions: [1] Arbitrated Wage Adjustment (a) Except as otherwise provided herein the wages or salaries for full-time adult employees shall be increased from 1 September 2014: (i) by $22.30 per week for employees at award classification rates below the C10 classification rate in the Engineering Award – State 2012; -- 1 of 4 -- 2 (ii) by 3.0% for employees at award classification rates equivalent to or above the C10 classification rate in the Engineering Award – State 2012. (b) The rates for junior employees shall be increased by applying the percentage in the junior wage rates clause applicable to the employee concerned to the relevant minimum classification rate for a full-time adult employee. (c) All part-time employees shall receive, on a pro rata basis, the additional sum appropriate to the minimum classification rate they are employed under. (d) The rates for adult pieceworkers shall be adjusted by the Registrar in accordance with the practice previously followed in relation to General Rulings declared by this Commission. (e) In the case of rates of wages or salaries for adult employees expressed as a wage or salary for a period other than a week, the increase consequent upon this Declaration shall be calculated as follows: For: Annual Salaries weekly adjustment multiplied by 52 Fortnightly Wage/Salary weekly adjustment multiplied by 2 Daily Wage weekly adjustment divided by 5 Hourly Wage (40 hour week) weekly adjustment divided by 40 Hourly Wage (38 hour week) weekly adjustment divided by 38 Casual Rates* (hourly) hourly wage (as calculated above) plus 25% Casual Rates* (daily) daily wage (as calculated above) plus 25% (*This would apply when the casual rate is stated as a money amount) (f) Existing allowances in all awards that relate to work or to conditions which have not changed and service increments are to be increased as from 1 September 2014 by 3.0%. (g) Increases to wages or salaries and allowances shall be expressed as follows: (i) on annual salaries to the nearest $1 (with 50 cents and above being taken upwards); (ii) on fortnightly and weekly wage rates to the nearest 10 cents (with 5 cents and above being taken upwards); (iii) on daily wage rates (including casual) to the nearest 1 cent (with 0.5 cents and above being taken upwards); and (iv) on hourly wage rates (including casual) to the nearest 0.05 of a cent (with 0.025 cents and above being taken upwards) -- 2 of 4 -- 3 (h) In giving affect to this General Ruling, the Registrar shall have recourse to a Member of this Full Bench, as may be necessary, on the Registrar's own initiative or an application by a party to an award. (i) Awards which prescribe or require alternative methods of adjustment shall be adjusted as follows: Where a Member of the Commission has approved a method of calculation of wage rates as agreed to by the parties to an award other than expressed herein the Registrar may amend the Award concerned in the agreed manner which will be regarded as satisfying the requirements of this General Ruling. This method shall also be applied to adjust the rates of wages or salaries for junior employees (other than juniors whose rates are expressed as a percentage or fraction of the rate prescribed for an adult employee or for an employee who is a senior). [2] Queensland Minimum Wage (a) The minimum rate per week for all full-time employees in Queensland is $668.80 per week. (b) An employee is an employee as defined in s 5 of the Industrial Relations Act 1999 who is not: (i) a disabled person or a person working in supported employment services; (ii) a person whose services are paid wholly by commission or percentage rewards; (iii) a piece rate worker; (iv) a volunteer; or (v) an apprentice or trainee under the National Vocational Education and Training Regulator Act 2011 (Cwlth). (c) Award free employees who are engaged on a permanent part-time or casual basis shall be entitled to a minimum rate of the Queensland Minimum Wage divided by 40 for each hour or part thereof (including hours worked in excess of 40 per week). (d) Notwithstanding clause 2(b)(iii), piece rate workers entitled to a rate derived from a weekly rate for full-time employees shall be entitled to derive that rate from the minimum rate per week for full-time employees as stated in clause 2(a), if that minimum rate exceeds the otherwise nominated full-time weekly rate. (e) Award free employees under the age of 21 shall be entitled to a minimum rate of pay calculated as a percentage of the Queensland Minimum Wage, or the equivalent hourly rate determined in accordance with clause 2(c). The junior percentage rates are as follows: -- 3 of 4 -- 4 Age Percentage Wages Per Week 17 Years and under or 1st year of experience (whichever yields the greater rate) 55% $367.80 18 years or 2nd year of experience (whichever yields the greater rate) 65% $437.70 19 years or 3rd year of experience 75% $501.60 3rd year of experience 85% $568.50 20 years and over 100% $668.80 (f) This General Ruling shall have no application to employees whose engagement is governed by an industrial instrument other than an award during the currency of that industrial instrument. [3] Date of Operation This Declaration shall apply from 1 September 2014. By the Commission, Operative Date: 1 September 2014 [L.S] G.D. SAVILL Order - Declaration of General Ruling Industrial Registrar. Released: 22 August 2014 -- 4 of 4 --