Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland v Queensland Spastic Welfare League [1996] QIRC 750 (1996) 153 QGIG 862
862 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 15 November, 1996
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QUEENSLAND I NDUSTRIAL RELATIONS COMMISSION
lndustrwl Re/a/ions Acl 1990
s. 147 - application for variation
Automotive, Metal s. Engineering, Printing and Kindred In dustries
Industrial Union of Employees, Queensland
AND
Queensland Spastic Wel fare League
(No. 81 832 of}996)
EMP LOYEES OF THE TEC HNICAL AIDS DEP ARTMENT -
QUEENS LAND SPASTIC WELFARE LEAGUE
INDUST RIAL AG REEMENT
COMMISSIONER NUTTER
VARIATION
I November 1996
THIS matter e-0ming on for hearing before the e-01111russion at Brisbane on I
November I996. this Commission doth order that the said Industrial
Agreement be varied as fo ll ows a, from the fourth day of November, 1996:-
I. ln clause 3 (wages) -
(a) by deleting subclause (l) and inse ning the following in lie u
thereof:-
"3.(1) An employees minimum rate of pay in the Southern Division.
Eastern District shall be the rate of pay set out m provision (a) and the
al lowance set out in provision (b).
(a) Rate of' Pay
C lass11ica11 on
(1} Eq uipment Filter:
Le vel I
2
3..
4 .. ...... .. ... .. ........ ....
5 .......... .. .. ...... .. ..... .. ................ .. ..
(ii) Equipment Technician:
Per week
$
...... .. .... 441 .20
....... .. 453.70
.. 466 20
....... 478 .70
........ .491.30
Level I . .... ...................... . ... .553.80
2 .
3.
4
(iii) Special Projects Officer
. .. . .... 566.40
.... .. .... 578.90
........................ 591.40
.. 608. 10
The wage rate at each classification includes the first, second and third
SS .00 adjustment reflecting the applicatio n of the arbitrated safety net
adjustment principle enunciated in the Febmary and November 1994
Review of Wage Fixing Principles. Consistent with the req uiremen ~, of the
Principle the first. second and third $8.00 safety net adjustments are
absorbable 10 the extent of any equivalent amount in rates of pay - including
any amount awarded a~ a res ul t of an e nterprise bargaining agreement - in
excess of the rates prescribed above.
(b ) lndu.w y Allowance
Classifica1ion
Eq uipment Fi uer:
Level 1 ...... .. .
2 ......................................................... ..
3 ......... .. .... ..
.................. :W.60
4 .......... ·· ·• ·· ····•·•·....
4070
. 42.00
..43.20
.44.30 5 ................ .. ... ............... .. ..................
Equipment Technician:
Level l 50 .30
2 .
3
4
Special Projec1s Office,
.. ..... .. ......... .. .... 51.40
........ .. ..... .... ... .. ,............ .. ..... 52.50
.... .. ....53.80
.......,............55.40
The above amo unt s shall be deemed to include compensation for all
disabil ities which may be incurred in the performance of their work.
(c) The above amounts shall be included in the calculation of payment
for overtime and any penalty rates and shall be payable with respect 10
annual leave. long service leave and any leave granted on full pay ." : and
(b) by deleting subclause (3) and insening the following in lieu
thereof:-
"(J) It is the intention of the panics that any wage adjustmen ts which
occur as a res ul t of a State Wage Case Decision apply to the Equipment
Fitter Level I ; w ith adj ustment at other levels based on intern al rel at ivities.
The said intern al relativities are the relativities applying before the
application of the first, second and third $8 .00 arbitrated safety net
adjustment~ made in ace-0rdance with the Febmary and November 1994
Review of Wage Fixing Principles.".
2. By deleting clause 6 and inserting the following in lieu thereof:-
"6. Anti-Discrimination
(l) It is the intention of rhe parties to th is Industrial Agreement to
achieve the principal object in s. 3(k) of the industrial Re/alions Act I 990
by helping to prevent and eliminate discrimination on the ba,is of sex.
marital status, pregnancy, parental starus, age. race, impairment. religion,
15 November, 1996 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE
pol it ical belie f or activity. trade unio n activity, lawful sexual ac ti vity, and
association with, or relation 10, a person identified on the basis of any of the
abOvc attrib u1es.
(2) Accordingly, in fu lfilling their obligations under the disputes
avoidance and settling clause, the pan ics to the Industrial Agreement must
make every endeavour to ensure that neither the lndus1 rial Agreement
provisions nor their o peration are directly or indirect ly discriminatory in their
effects.
( 3) No1hing in th is clause is to be taken to affect -
( a) any different treatment (or treatment havi ng differe nt effecL~) which
is specifica ll y exempted under the Anti-Discrimination Act 1991;
(b) an employee, e mpl oyer or registered organisation, pursuing matters
of discrimination, including by application to the Human Ri g hts
and Equal Opportunity Commission/ Anti-Discrimination
Commission:
(c) the exemptions in ss . 29!(3)(a) and (b) of the Act.
6A. All other co ndi tions of employment shall be as per the conditions
outlined in the Queensland Spastic Welfare League Perso nn el Procedure
Manual." .
Dated this first da y of November, I996.
By the Com mi ssion.
[L.S.] E. EWALD.
In dus tri al Registrar.
Opera11ve Date: 4 November 1996
Variation - 3 rd $8 .00 SNA
Released. 4 November 1996
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Official source: https://www.sclqld.org.au/caselaw/QIRC/1996/750