Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v The State of Queensland [1998] QIRC 254 (1998) 158 QGIG 198

198 QUEENSLAND GOVERNMENT INDUSTRIALGAZETTE [19 June, 1998 ################################################### ##IHI### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 199? s. 127 - application for variation Australian L Q iquor . Hospital ity and Miscell aneous Worker s Unio ueensland Branch u · f n . · ruon o Employees AND The State of Queensl an d (No. 8503 of 1994) EMPLOYEES OF QU DEPARTMENTS (OTHER r:!�s;UD AND GOVERNMENT LIC SERVANTS) AWARD COMMISSIONER SWAN 14 May 1998 VARIATION THIS in ane r corning on for hearin befor . . the 20 March, 9 April and 14 Ma f998 e the Corr ui:1ss1on at Brisbane on said award be varied as folio f y th 15 Com.m1ss1on doth order t hat the ws rom the 17 March 1997:- 1. By deleting subclause (b) of clause 5 Arrangements and inserting th ,lJ . . . of Schedule E Tran.<lation e ,o owmg m heu thereof: "(b) Miscellaneous Workers A rd Cleaners_ wa - Siate Government - • 38 hour a week Cleaner s anendi n , k . translate to the Operational S g '.'Or once and 1w1ce daily shall I . tream, Level ? Pav p • 1 U trans at10n employees anendin w . - . , o1m . pon entitl ed to Broken Work Allow!nc ork twice daily �hall be fu11h er herein. e as provided for m clause 3.5(6) r 199 -------------------------------------------------19 June, 1998] QUEENSLAND GOVERNMENT INDUSTRIALGAZETTE adjustable, non-absoroable fortnightly all owance as detailed below. The nominated non-adjustable. non-absoroable all owance shall be adjusted in direct pro(Xlrtion as the cleaners nominated weeklv hours of work bears to 38 eg the allowance for a 25 hours twice ir day cleaner without any SIP entit lement shall be calculated as follows: 25/38 multiplied by $3l . 24=-$20.55. Pr ovided that as from the 17 March I 997 the following will apply: 38 hour a week Cleaners attending work once and twice daily immediately prior to the creation of this Award shall translate to the Operational Stream, Level 2 Pay Point 4. Upon translation employee., at tending work twice daily shall be funher entitled to Broken Work Allowance as provided for in clause 3.5(6) herein and such allowance shall be payable for all purpo.-es of the Award. Such employees shall also be entitled to a non-adjustable. non· absorbable fonnightly allowance in accordance wil.h the following table: Service. Increment Payment(SIP) Leve.I as at 11 November 1993 No Entitlement SIP I (After IM yearof,ervice} SIP 2 (After 2nd year of ser vice) SIP 3 (After '.\rd year of servic") Non-Adjustable, Non-Absorbable Allowance ]$31.24 per fonnigh1 \$31.24 per fonnight j$4I .37 per fonnight \$51.76 per fonnight (Note:- The non-adjustable. non-absort,able allowance shall be for all purposes of this A ward including shift penalty and annual leave loading) 30 hours per week Cleaners attending work twice daily who were paid in accordance with clause 7(1) of the Miscellaneous Workers· Award - State Government shall translate 10 the Operational St ream, Level 2. Pay Point 4. Upon translation such employees shall be funher entitled to Broken Work Allowance as provided for in clause 3.5(6) herein. Such employees sh all also be entitled to a non-adjustable, non-absorbable fortnightly allowance which will be t he difference betwe en their total remuneration immediately prior to translation (including service incremental paymenlS and supeJVisory allowances) and the ir new remuneration immediately upon translation (including Broken Work Allowance). (NOie:- The non-adjustable, non-absorbable allowance shall be for all purposes of this Award including .shift penalty and annual leave loading.) Cleaners attending work twice daily, who were remunerated as ca,uals in terms of clause 7(2) of the Miscellaneous Worker ,· Awar d - State Government shall translate 10 the Operational St.ream. Level 2, Pay Poin t I: Provide d that any male cleaner working twice daily, 30 hours per week in a secondary school immediately prior to the creation of this Award shall translate 10 Level 2. Pay Point J or the Operational Stream. Provided further that a, from the 17 March 1997 the following will apply Male cleaners wo rking twice daily. JO hours per week in a secondary school i mmediate! y prior 10 the creation of this Award shall translate to Level 2. Pay Point 4 of the Operational Stream. Upon tr anslation employees attending work twice daily shall be funher entitled 10 Br oken 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 in accordance with the following table.: Service lncreme111 Payment {SIP) 1.ev,,I a, at 11 November 1993 No Entitlement SIP 1 (After lst year of service) SIP2(Afu:r 2nd year of service) SIP 3 (After 3rd year of &ervice) Non-Adju,table, Non-Absorbable Allowance }$16.24 per fonnight 1$16.24 p er fortnight }$24.24 per fonnigh1 }$32.44 per fonnighr Cleaners attending work twice daily. who were remunerated a., ca�uals in terms of clause 7(2) of the Miscellaneous Workers' Award - State Government shall translate to the Operational Stream, Level 2 Pay Point 4. Upon translation employees a11ending 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 Award. Such employee s shal I also be entitled on a pro rata ba5iS to a non- Service Increment Paymen1(SIP) Level as al l 1 November I 993 (refer Note I) No Enmlement SIP I (After I st year of service) SIP 2 (After 2nd year of service) SIP 3 (After 3rd year of service) Non-Adjustable. Non4Absorbable ,.\Jlowancc jS31.2� per fonnight l S31.24 per fortnight j$41.37 per fonnigh1 1$51.76 per fonnight Cleaners attending wor k once daily, who were remunerated a, casuals in tern1s of clause 7(2) of the Miscel laneous Work<:r s' Award - State Government shall translate lo the Oper ncional Str eam, Level 2, Pay Point 1. Upon translation �uch employees who beeome pan-time employees os defined in clause 3.1 herein shall also be entitled to a 69c per hour allowance which shall be absorbed by any future wage increases. Provided that a, from the 1 7 March 1997 the following wil l nppl y: Cleaners attending work once daily, who were remuner ated a,. casuals in tenns of clause 7(2) of the Miscellaneous Wor ker&' Award - Staie Government shall tr anslate to the Operational Stream. Level 2 Pay Point 4. Such employees shall also he entitled on a pro rata ba5is 10 a non-adjustable. non-absorbable fortnightly allowance based on the Non-Adjustahle. Non-Absor bablc Allowance as detaile d below. The nominated Non-Adjustable. Non-Absorbable A llowance shall be adjusted in direct proportion it< 1he cleaners nominated weekly hours of work bea,·s 10 38 �g t11e allowance for a 25 hour once per day cleaner without any SlP entitlement shall be calculated a.s follows: 25/38 mul ti plied hy 531.24:$20.55. Service Increment Payment (SIP) Level as"' 11 Novembe.r 1993 (refer Note l) No Entiuemem SIP I (/\fter I s1 year of service) SIP2 /After 2nd year of service) SIP 3 (After 3rd year of service) Non-Adjustable. Non-Absorhable Allowance i$31.24 per fonnight }$31.24 per fonnight iS41.37 per fonni�ht ]$51.76 per fonnight Cleaners employed in Primary Schools atten ding work once daily for 30 or les..< hours per week and remunerate.d at $1 I .67 per houi (paid administratively) shall translate 10 the O)X'rati onal Strt'am. Level 2. Pay Point 4. Upon tr anslation such employees shall tx: p aid a non-adjustable, non-absorbable allowance of 37c per hour . (Note:- The non-adjustable, non-abso1table allowance �hall be paid for all purposes of this Award including shiit penally and annual leave loading: Provide.d that such allowance shall cease t o be p ayable if an employee at the.if own r eque st becomes a full-time employee.) Cleaners (other than casuals) attending work twice daily and remunerated in terms of clause 7(2) of the Miscellaneou� Wor k<!t·s' Award - State. Govemment shall tr.tllslate 10 t he ()pcrational Stream, Level 2. Pay Poin t 4. Cleaners employees by the Administrative Service, Dr.pamnent who attend work once daily for 30 hours per week and who a., at the day immediately before the creation of 1his A ward were remunerated at the base r ate of S672.60 per fonnigh1 (paid administratively) shall translate 10 the Operational Stream, Level 2, Pay Point 4, Upon translation such employee, �hal l :il,o be en1 itled to a non-adjustable , non-absor bable fortnightly allowance which will be the difference bet ween their tota l remuneration immediately 26782•. 1.DOC -- 1 of 2 -- ► 200 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE pnor 10 1ranslation (excluding shift penally payments. bu1 including service incremental paymen1s and superv1bory allowances) and their new remuneration 11nmcd1atcly upon 1mnsla1ion (excluding shaft penalty payments) (NOie: The non-adjusiable. non-absorbable allowance shall be ror all purposes of I� award including shift penalty and annual lea,e loading. Provided that �uch allowance shall c:ea.c:c to be payable if an cmplo)CC al their o"'n request becomes a full-1imc employee) Emplo)OO� of Administrative Service� Dcpar1mcnt v.ho a< at the date of crcauon of 1h1� Award are in receipt of �-upcrvisory allov.ances will have such allowances incorporated into their non adiuiatable, non-absorbablc exce\s payirient In accordance with the State Wage � Wage FL'lalton Pnnc1plei: the panics agree that with tmnsla.11on to the Pubhc Sec1or Classificauon and Remunerauon System no employee employed ,mmediwely prior 10 the c:re:111O0 or this Award whooc hours of work and working arrangements remain unchanged at transla11on shall receive a rcducuon in ordinary time earnings. Note I - It should be nOlcd !hat cleaners attending work either onet or 1wicc daily and who were rcmuner:ued a.< ca<ual� in accordance wilh clause 7(2) of the Mi�cllaneous Workers· Award - State Government were 001 en1i1led to Service lncre.rncnt Payment while v.orking under 1ha1 Award. A no1ional Service Increment i.� a11ributcd 10 these cleaners as at the 12 ovember 1993 for the pul'J)Ol,eS of unplementing revi>t.'Cl remuneratton arrangemcm, applicable from 1he 17 march 1997.". Dated this founcenlh day of May. 1998 By 1hc Conuni,<ion. [L.S.) E. EWALD. lndu$lrial Reg1sirar Operative Date· l 7 March 1997 ,·anauon - Amendmcm to Schedule 10 the Award R�lea.q;d 5 June 199 #ili#R####li###lt#########IHl######/ffl#######/1###########11##### [19 June, 1998 r 19 June, 1998] -- LAND GOVERNMENT INDUSTRIAL GAZETTE QUEENS -- 2 of 2 --