Australian Municipal. Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees v Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Another [1996] QIRC 748 (1996) 153 QGIG 859

858 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 15 November, 1996 J 5 November, 1996 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 859 ######################################################1141## QUEENSLAND INDUSTRIAL RELATIONS COMMISSION lrulu.,trial Relations Act 1990 s . 144 - application for variation Australian Municipal. Adminislrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch. Union of Employees AND Queensland Chamber of Commerce and Industry Lim ited, Industrial Organisat ion of Employers and Another (No. B835 of 1996) TU'E CREDIT UN IONS' ADM INISTRATIVE AN O CLERI CAL OFFI CERS' AWARD - STATE COM MISSIONER DEMPSEY 24 May 1996 VARIATION THIS matter corning on for hearing before the Commis.~io n at Brisbane on 24 May 1996, this Commission doth order that the said Award be varied as follows as from the twenty-ninth day of May, 1996:- l . By deleting clause 6 (Salaries - Classified Posirions) and inserting th e following in lieu rhereof :- "S alaries - Classified Positions 6. The minimum salaries payable to the following positions in the Southern Division Eastern Districr shall be:- Interim Minimum Interim Cla.~sification Supplementary Rare Payment Pos i rio n Per Fortnig)11 Per Fo rtnighr $ $ Counsellor. Gradel... ... .. ............. 963.30 Counse ll or. Grade 11 ............. .. .......... 1.() 12 .70 Counsellor. Grdde Ill. ...... 1,051.50 Developmem Officer. Grade 1 .............. 879 . JO Dc"elopme nt Officer, Grade JI .. .. ...... 898 70 De\'elopment Officer, Grade Ill .. .. .. ...... 906.80 Senior Cou nsellor. Grade I ...... .. ...... 1.071.40 Senior Counsellor, Grade II .. 1,091.50 Accounting Supervisor, Grade I .. ... .. .... 963.30 Accounting Supervisor. Grade 11 .... .. 1.007.70 Accounting Supervisor, Grade 111 . .. . .. 1.051.50 (Note 2) 48.00 48.00 48.00 48.00 48.00 48.00 48 .00 48.00 48.00 48.00 48.00 Award Rate a~ from 29.5.96 Per Fonnighr $ (Note I) 1,0 11.30 1, ()60 .70 1,()99.50 927.10 946.70 954.80 1.119.40 1,139.50 1.011.30 1.055.70 1.099.50 For salary detennination purposes, Classified Officers, with the exception of Development Officers, shall commence as Grade I Officers and progress to the nexr highesl grade, annually subject to the satisfactory complet ion of each year of serv ice.". 2. By deleting provisions (a} and (b) of subclatLo;e (I} of clause 7 (Salaries and Allowances) and inserting the following in lieu thereof:- "S alaries and Allowances Clerks and Clerk-Typist.< lnlerim Mmimum Jnterim Classification Supplementary Rate Payment Per Fortnight Per Fortnight s $ Du ring probation or I st year's service... 4 12.00 Duri ng 2nd year's serv ice .. . .... .... 476.60 During 3rd year's service .. ..... ..... 531.90 Duri ng 4th year's service .... ......... 584.80 During 5th year's serv ice ............. 635.50 During 6th year's sen• ice .. ... .... ... 765.30 During 7th year's service ..... .......794.40 16290~6 (Note 2) 25.80 30.00 33.30 36.60 39.90 48.00 48.00 Award Rate as from 295.96 Per Fonnight $ (Note I) 437.80 506.60 565.20 621.40 675.40 813.30 842.40 Interim M inimum Interim Award Rate Classi fication Supplementary as from Rate Payment 29.5.96 Per Fortnighl Per Fortnight Per Fortnigh1 $ $ $ During 81h year's service .. .......... 81 '.\.30 During 9th year's service .. ..... .... .. 832.40 During 10th year's service ...... .... . 852.20 During 11th year's service ......... .. 871. I 0 Dunng 12th year's service ........... 890.70 Sa.lary - A11e 21 Years ( Nore 2) (Note I) 48.00 48.00 4800 48.00 48.00 861.30 880.40 900 20 919.10 938.70 (b) Every clerk shall, upon attaining the age of 21 years, be paid a basic salary of $813.30 per fortnighr and such clerk shall not, except upon promotion or where otherwise prescribed, be entitled to receive a salary greater than $8 13.30 per fo11n igh1 until such clerk would otherwise have been entit led so to do under the prescribed scale: Provided that any clerk who has been in receipt of such basic salary for a period of a1 least one ( I) year shal l not be required 10 remain on that salary unti l such clerk is e li gible for higher salary by reason of length of service but shall be regarded for the purpose of funher salary increases a5 a clerk, but for no other purpose, as having completed six (6) years of service. Note J: The Award Rate includes wage increases and adjustments arising from State Wage Case decisions co lloquially referred to a~ : 2nd Tier Adjustment; ls1 (2 pans) and 2nd Structural Efficiency Adjusunent~; Minimum Rates Adjustment and 1st, 2nd and 3 rd $16.00 per fortnight Safety Net Adjustments. Note 2: The rates of pay in this Award include the first, second and third $16 per fo rtnig ht arbitrated safety net adjustments payable under the November 1994 State Wage Case decision and the October 1995 State Wage Case decision. lncrea5es made under previous State Wage Case Prin ciple.5 or under the current Statement of Principles are not 10 be used to offset arbitrated safety net adjusonents. The first, second and third $8 per week arbitrated safety net adjustments may be offset to the extent of any wage increase, whether an award increase, an overaward payment or an increase by way of an enterprise arrangement received since I February 1992. Pre-February 1992 overaward arrangemenl~ are to be applied according 10 their tenns. 'Overaward' payment is defined as the an1ount in rates of pay which an employee would receive in excess of the minimum award wage as prescribed in this Award for the classification in which such employee is engaged which applied immed iately prior to the date of operation of this variation: Provided that this definition shall exclude overtime, shift allowances, penalty rates, expense related allowance.~. vacation allowances, special rates or allowances. responsibility al lowances, or any other ancillary payments of a like nature described by this Award.". 3. By adding a new clause 7C (Anti-Discrimination) as follows:- "Anti-Disc rimination 7C.( I) It is the intention of the parties to this Award 10 achieve the principal object in s. 3(k) of the Industrial Relations Act I 990 by helping to prevent and eliminate discrimination on the basis of sex, marital status. pregnancy, parental status. age, race, impainnent, religion, political belief or activiry, trade union activity, lawful sexual activity, and a%ociation with. or relation to, a person identified on the basis of any of the above attributes. (2) Accordingly, in fulfilling their obligations under the dispures avoidance and settling clause, the parties to the Award must make every endeavour 10 ensure !hat neither the Award provisions nor their operation are directly or indirecrly discri1ninatory in their effects. (3) Nothing in this clause is to be taken 10 affect - (a) any different treatment (or treatment having different effectS) which is specifically exempted under the Ami-Discrimination Act 199 I; 21657_1.DOC -- 1 of 2 -- 860 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (b) an employee. emp loyer or regi stered organisation, pursuing matters of discrimination, including by app lication 10 the Human Rights and Equal Opportunity Commission/Anti -Discrimination Commission; (c) the exemptions in ss . 291(3)(a) and (b) of the Act" . Dated this twenty-fourth day of May, 1996. By the Commis.~ion. [LS] E. EWALD. Industrial Registrar. Operative Date: 29 May 1996 Variation- 3rd $8 SNA Released : 4 November 1996 ########################################################## 15 November, 1996 f J 5 November, 1996 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 861 2 1657_1.DOC I I -- 2 of 2 --