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Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland v Queensland Spastic Welfare League [1996] QIRC 750 (1996) 153 QGIG 862

Case law · Queensland · 1996
862 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 15 November, 1996 ########################################################## 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 ############################# ############################# 863 21657_ !. DOC -- 1 of 1 --