Australian Liquor Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v The State of Queensland [1999] QIRC 217 (1999) 162 QGIG 164

164 COMMISSIONER SWAN QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE Ql.JEENSLAND INDUSTRIAL RELATIONS COMMISSION Workplace R elations Act 1997 -s. 127 -application for variation Australian Liquor Hospitality and Miscellaneous Workers Union, Queens]and Branch, Union of Employees AND The State of Queensland ('So R503 of 1994) EMPLOYEES OF QUEENSLAND GOVERNME�T DEPARTMENTS (OTHER THAN PUBLIC SERVANTS) AWARD VARIATION 15 October. 1999 5 July 1999 THIS matter coming on for hearing before the Commission at Brisbane on the 5 July 1999 this Commission doth order that the said a ward be varied as follows from the seventeenth day of March, 1997 and the fifth day of July, 1999:- By deleting subclause (b) of clause 5 of Schedule E Translation A.rrangements and inserting the followmg in lieu thereof: " (b)Miscellaneous Workers Award - State Government - Cleaners Certain identified categories of cleaners who transferred to this Award on 12 November 1993 have additional entitlements to Broken Work Allowance and Non-Absorbable, Non-Adjustable Allowance (NANA) as identified in the "Arrangements" below. These conditions of employment will continue while workmg on a continuous basis as a cleaner. Circumstances in which the cleaner would lose these conditions, i.e. entitlement to appropriate level of NANA and broken work on an all purposes basis are:- should they cea�e employment with the State of Queensland; stop working on a permanent basis as a cleaner; and the payment of broken work allowance to at all times require the cleaner to be reporting to work twice daily. Movement between categories Cleaners that translated to the Award as at the 12 November 1993 will be able to move between the various categories of cleaner as detailed in the "Arrangements" and receive the payment applicable to the particular category of cleaner. Example: If a 38 hour cleaner 3rd SIP twice a day cleaner moved to a less than thirty hour twice per day position e.g. 20 hour they would receive broken work on an all purpose basis and a NANA calculated as follows:- 20/18 multiplied by $51.76 =: $27.24 Non Absorbable Non Adjustable Allowance (M4NA) Cleaners that translated to the Award will have an entitlement to this allowance, at the level appropriate to the category of cleaners that the cleaner is working in at any point in time, until they cease employment with the State of Queensland or stop working on a permanent hasi, as a cleaner. Broken Work Allowance Any payment of Broken Work Allowance to at all times requIIe the cleaner to be reporting to work twice daily. The ··Arrangements" To assist in following the arrangements below the following guidance is provided. Each category of cleaner is bolded and underlined; and All alterations for each category are in chronological order. * 38 hour a week Cleaners attending work once and twice daily shall translate to the Operational Stream, Level 2 Pay Pornt l. Cpon translation employees attendmg work twice daily shall be further entitled to Broken Work Allowance as provided for in clause 3.5(6) herein: Provided that as from the 17 :March 1997 the following will apply:-- 38 hour a week Cleaners attending work once and twice daily immediately prior to the neation of this Award shall translate to the Operational Stream, Level 2 Pay Point 4. Upon translation employees attendmg work twice daily shall be further entitled to Broken Work Allowance as provided for in clause 3.5(6) herein and such allowance shall be payable for all purposes of the A ward. Such employees shall also be entitled to a non adjustabk, non-absorbable fortnightly allowance in accordance with the following table:- Servio> lnrrement Payment level as at 11 November 1993 No Entitlement SIP l (After 1 st y0ar of service) SIP 2 (After 2nd year of st"rvicc) SIP 3 (After 3rd year of st"rvice) (SIP)Non-Adjustable Non-Absorbable Allowance }531.24 per fortnight )$31.24 per fortnight }$41.37 per fortnight }$51.76 per fortnight (Note:- The nun-adjustable. non-absorbable allowance shall be for all purposes of this Award mcluding shift penalty and annual leave loading) l 5 October, 1999 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 165 30 hours per week Cleaners attending work twice daily who were paid in accordance with clause 7(1) of the Miscellaneous Workers' Award State Governmentshall translate to the Operational Stream, Level 2, Pay Point 4. lJpon translation such employees shall be further entitled to Broken Work Allowance as provided for in clause 3.5(6) herein and such allowance shall be payable for all purposes of the Award. Such employees shall also be entitled to a non-adjustable, non-absorbable fortnightly allowance which will be the difference between their total remuneration immediately prior to translation (including service in<.Temental payments and supervisory allowances) and their new remuneration immediately upon uanslation (including Broken Work Allowance). (Note:- The non-adjustable, non-absorbable allowance shall be for all purposes of this A ward including shift penalty and annual leave loading.) Cleaners attending work twice daily, who were remunerated as casua)s in terms of dause 7(2) of the Miscellaneous Workers' Award - State Government shall translate to the Operat10nal Stream, Level 2, Pay Point J: Provided that any male cleaner working twice daily, 30 hours per week in a secondary school immediately prior to the neation of this Award shall translate to Level 2, Pay Point 3 of the Operational stream. Provided further that as from the 17 March 1997 the following will apply:- * Cleaners attending work twice daily, who were remunerated as casuals in terms of dause 7(2) of the MisceJJaneous Workers' Award - State Government shall translate to the Operational Stream, Level 2 Pay Point 4. Upon translation employees attending work twice daily shall be further entitled to Broken Work Allowance as provided for in clause 3.5(6) herern and such allowance shall be payable for all purposes of the Award. Such employees shall also be entitled on a pro rata basis to a non-adjustable, non-absorhable fortnightly allowance as detailed below. The nominated Non Adjustable Non-Absorbable Allowance shall be adjusted in direct proportion as the cleaners nominated weekly hours of work bears to 38 eg the allowance for a 25 hour twice per day cleaner without any SIP entitlement shall bt" calculated as follows: 25/38 multiplied by $31.24 $20.55 Service /nrrement Payment (SIP) level as at 11 November 1993 (refer Note 1) No Entitlement SIP 1 (After 1st year of service) SIP 2 (After 2nd year of service) SIP 3 (After 3rd year of service) Non-Adjustable, Non-Absorhable Allowance }$31.24 per fortnight }$31.24 per fortnight }$41.37 per fortnight }$51.76 per fortnight * .\-tale cleaners working twice daily. 30 hours per week in a secondary school shall translate to Level 2, Pay Point 4 of the Operational Stream. Upon translation employees attending work twice dally shall be further entitled to Broken Work Allowance as provided for rn clause 3.5(6) herem and such allowance shall be payable for all purposes of the A ward. Such employec:s shall also be entitled to a non-adjustable, non-absorbable fortnightly allowance in accordance with the following table: Service lnrrement Payment (SIP) level as at 11 November 1993 Entitlement SIP l (After l st year of service) SIP 2 (After 2nd year of service) SIP 3 (After 3rd year of service) Non-Adjustable, Non-Absorbable Allowance }$16.24 per fortnight }$16.24 per fortnight }$24.24 per fort.night }$32.44 per fortmght Cleaners attending work once daily, who were remunerated as casuals in terms of clause 7(2) of the Miscellaneous Workers' Award - State Government. shall translate to the Operational Stream, Level 2, Pay Point 1. Lpon translation such employees who become part-time employees as ddined Ill clause 3.1 herein shall also he entitled to a 69c per hour allowance which shall be absorbed by any future wage increases: Provided that as from the 17 March 1997 the following will apply:- Cleaners attending work once daily, who were remunerated as casuals in terms of dause 7(2) of the Miscellaneous Workers' Award - State Government shall translate tu the Operational Stream, Level 2 Pay Point 4. Such employees shall also be entitled on a pro ruta basis to a non adJustabk, non-absorhable fortnightly allowance based on the Non-Adjustable Non Absorhable Allowance, as detailed below. The nominated Non Adjustahle Non Absorbahle Allowance shall be adjusted in direct proportion as the cleaners nmrunated weekly hours of work hears to 38 eg the allowance for a 25 hour once per day cleaner without any SIP entitlement shall he calculated as follows: 25/38 multiplied by $31.24 = 520.55. Service Increment Payment (SIP) level as at 11 November 1993 iu:fn NotP I) \io Entitlement SIP 1 (After 1 st year of service) SIP 2 (After 2nd year of St"rvice) SIP.< (After 3rd year of service) Non-A.djustable, Ncm-Absorbable ,4llowance }$31.24 per fortnight }$31.24 per fortnight }$41.37 per fortnight }$51.76 per fortnight Note:- The non-adjustable, non-absorhable allowance shall be for all purposes of this Award including shift penalty and annual leave loading.) Cleaners emploved in Primarv Schools attending work once daily for 30 or less hours per week and remunerated at $11.67 per hour (paid administratively) shall translate to the Operational Stream, Level 2. Pay Point 4. Upon translation such employees shall be paid a non-adJustahle, non-absorbable allowance of 37c per hour: Provided that a;; from 5 July 1999 the following will apply:- Cleaners emploved in Primary Schools attending work for 30 or less hours per week and remunerated at $11.67 per hour (paid administratively) shall translat.: to the Operational Stream kvel 2 pay Point 4. Such employees shall also he ,ontitlcd on a pm-rata hasis to a non adjustah!e, non-absorbablc fortnightly allowance based on the Non-Ad.1ustable,, Non-Absorbahle Allowance, as d0tailed below. The nominated Non adju�tahle Non-Ahsorbablc Allowanc,, shall be ,,djusted in dirt"ct proportion as the cleaners nominated weekly hours of work bear;; to 38, c:.g. the allowance for a 25 hour once per day ckaner without any SIP entitlement shali be calculated as follows: 25/38 multiplied by $31.24 = $20.55. 213579-17 -- 1 of 2 -- 166 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 15 October, 1999 * Service Increment Payment (SIP) level as a111 November1993 (refer No1e 1) No Entitlement SIP 1 (After l ;1 year of service) SIP 2 (After 2nd year of service) SIP 3 (After 3rd year of service) No11-Adjustable, Non-Absorbable Allowan.ce }$31.24 per fortnight }S31.24 per foi:tnight }$41.37 per fortnight }SSJ.76 per foi:tnight (Note:- The non-adjustable, non-absorbable allowance shall be paid for all purposes of this Award including shift penalty and annual leave loading) Cleaners (other than casuals) attending work twice dailv and remunerated in terms of clause 7(2) of the Miscellaneous Workers' Award_ State Government shall translate to the Operational Stream, Level 2, Pay Point 4: Provided that as from the 5 July I 999 the following will apply:- Cleaners (other than casu.als) attending work twice daily and remunerated in terms of clause 7(2) of the Miscellaneous Workers' A ward State Governtnent shall translate 10 the Operational Srream Pay point 2 Level 4. Upon translation employees attending work twice daily shall be fui:ther entitled to Broken Work Allowance as provided for in clause 3.5(6) herein and such allowaJ)ce shall also be payable for all purposes of the Award. Such employees shall also be entitled on apro rata basis to a non-adjustable, non-absorbable foi:tnightly allowance as detailed below. The nominated Non -adjustable Non-Absorbable AllowaJJce shall be adjusted in direct proportion as the cleaners nominated weekly hours of work bears to 38, e.g. the allowance for a 25 hour once per day cleaner without any SIP entitlement shall be calculated as follows: 25/38 multiplied by $31.24 = $20.55. Service Increment Payment (SIP) level as at 11 November1993 (refer Nore 1) Ko Entitlement SIP I (After I St year of service) SIP 2 (After 2nd year of service) SIP 3 (After 3rd year of service) Non-Adj11s1ab/e, Non-Absorbable Allowance }S3 I .24 per fortnight }$31.24 per fortnight }S4 I .37 per foi:tnight }S5 l .76 per fortnight (Note:- The non-adjustable, n o n -absorbable allowance shall be paid for all purposes of this Award including shift penalty and annual leave loading.) Cleaners emploved by the Administrative Services Department who attend work once daily for 30 hours per week and who as at the day immediateh· before the creation of this Award were remunerated at the base rate of $672.60 per fortnight (paid admini str;,tjvely) shall translate to the Operational Stream. Li,veJ 2, Pay Point 4. Upon rranslation such employees shall also be entitled to a non-adjustable, non-absorbable foi:tnightly allowance which will be the difference between their total rernuJierati()n immediately prior to translauon (excluding shift penalty payments, but including service mcremental payments and supervisory allowances) and their new remuneration immediately upon translation (excluding shift penalty payments). (Note:- The non-adj ustable, non-absorbable allowance shall be for all purposes of the award including shift penalty and annual leave loading.) Employees of Admimstrative Services Department who as at the date of creation of this Award are in receipt of supervisory allowances will have such allowances incorporated into their non- adjustable non-absorbable excess payment. In accordance with the State Wage Case Wage Fixation Principles the parties agree that with rranslation to the Public S<!ctor Cla.ssification and RemuJ1eratioJJ System no employee employed inunediately prior to the creatiOJl of this Award whose hours of work and working arrangements remaio unchanged at translation shall receive a reduction in ordinary time earnings. Note l - It should be nOLed that cleaners auendmg work either once or twice daily and who were remunerated as casuals in accordance with clause 7 (2) of the Miscellaneous Workers Award - State Government were not entitled to Service Increment Payments while working under that Award. A notional Service Increment is attributed to these cleaners as at 12 November 1993 for the purposes of implementing revised remuneration arrangements applicable from the 17 March, 1997.)". Dated this fifth day of July, 1999. By the Commission, [LS). E. EWALD, Industrial Registrar. Operative Dat.o: 5 July 1999 Variation - Amendment to Schedule 10 the Award. Released: 4 October J 999 #############################################################################11############################################# I 5 October, 1 999 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 167 -- 2 of 2 --