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 747 (1996) 153 QGIG 858

858 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 15 November, 1996 ########################################################## QUEENSLAND INDUSTRIAL RELATIONS COMMISSION /11d11strial Relwions Act 1990 s. I 44 - application for variation Australian Mu nicipal. Administrati ve, Clerical and Services Union. Central and Southern Queensland Clerical and Administrative Branch. Union of Employee-, AND Queensland Chamber of Commerce and Industry Lim ited, Industrial Organisation of Employe rs and Another (No. Bll37 of 1996) CLERKS ' AWARD - PERMANEN T BUILD ING SOC IET IES - ST ATE COMM ISSIONER DEMPSEY 24 May 1996 VARIATION THIS mauer coming on for hearing before the Commission at Brisbane on 24 May 1996. this Commis;;ion doth order that the said Award be varied as follows a, from 1he 1wen ry-nimh day of May, 1996:- 1. By adding a new clause 5D (Anti-Discrimination) as follows :- "Anti-Disc rirnination 5D.11) h is the imemion of the panies to !his Award to achieve the principal object in s. 3(k) of the lnd,wrial Relation.< Act /990 by helping 10 prevem and elimina1e discriminmion on 1he ba,is of sex , mariwl s1a1us. pregnancy, parema l sta!us, age, race, impairmem. religion, political belief or ac t iv i 1y , trade union activity. lawful sexual activity, and association with, or rela1ion to, a person identified on the ba,is of any of th e above attributes. (2) .Accordingly. in fulfilling their obligations under the disputes avoidance and senling clause , the parties to the Award must make every endeavour to ensure tha1 neither the Award provisi ons nor their operation are directly or indirectly discriminatory in their effe.cts. (3) Nothing in this cl au_~e is to be taken to affect - (a) any different trea1ment (or treatment having differem effec1s) which is specifically exempted under the Anti-Discrimination Act 1991; (b) an employee, employer or regi ste r ed organisation, pursuing mauers of discrimination, including by application to the Human Rights and Equal Opportunity Commission/Anli -Discriminmion Commission; (c) the exemp1ions in ss . 291 (3)(a) and (b) of the Ac1.". 2. By deleting paragraphs (a) and (b) of subclause (I) of clause 7 (Wages} and i nserting the fol lowing i n lieu thereof:- " Wages 7.( I ) Subject 10 clause 6 hereof. the minimum rates of wages payable to the following classes of employees in th e Southern Division (Eastern Di s1rict) shal l be :- (a) Ca<hiers , Tellers, Audio-typi.m. Stenographen . Tele-rypi .m. Punch Card Verifier Operators, Operators of Accountinx or Ledi;er Machines and Computer Terminals .·- I st year expenence a., such . .. Interim Minimum Interim Classification Supplementary R ate Payment Per Week Per Week $ s (Note 2 ) .... .. 369.00 2.a.00 2nd year experience a, such .. .. ... 377. 10 24.00 3rd year expene nce a, such .. . ...... 385.50 24.00 4th year experience a, such ... .. .... 393 80 24.00 5th year experience a., such and the reafter .... .. .. ... .. .. .... .. .. ... .. 402.20 2-l.00 Award Rate a.,; from 29596 Per Weck $ (Note Ii 393 .00 401.1 0 409 50 4 17.80 426.20 Employees engaged after the making of th is Award having had prior experience in a Building Society in respect of work covered in this subclause shall be given credi1 therefor: Provided that such experience is declared 10 the employer prior 10 engagement. (b) A// mher clerical emplo yee.< indudini: .<witchboard "f'Ua/tJr.<: - I nterim Mini mum fnten m Classification Supplementary Rate Payment Per Week Per Week s s I sl year experience a, such ... ....... 363. 70 2nd year experience a, such ...... .. . 372. 20 3rd year experience as such ........ .. 380.50 4th year experience a~ such . ... .. ... . 388.50 5 th year experience a., such and thereafter.. .. . .. ........ .. ........... .. 397 .00 (Note 2) 24 .00 24.00 24 .00 24.00 24.00 Award Rate as fro m 29.5.96 Per Week $ (Note I ) 387 .70 396 .20 404.50 412.50 42100 Employees engaged after the making of this Award having had prior experience \n a Build ing Society in r espect of work covered in this subc lause sh all be given credit thcrefor: Provi ded that such experience is declared lO the employer prior to engagement Divisional and DL<eria Allowances - Adu il employees ( 21 years and over) in the Mackay Division shall be paid 90c per week and adu l1 employees (2 1 years and over) in the Eastern Dis1ric1 of the Northern Division shall be paid $1 .05 per week in addition to the rates above prescribed. Note I : The Award Rate inc l udes wage increases and adjus1 men1 s arising from State Wage Ca,e decisions colloquially referred to a,: 2nd Tie r Adjusunem; 1st (2 paris) and 2nd Structu r al Efficiency Adjustments; Minimum Rates Adjustment and l s1, 2nd and 3rd $8.00 Safe1y Net Adjustments. Note 2: The rates of pay in th is Award include the first, second and third $8 per week arbitr a1ed safety net adjus1ment payable under the November 1994 State Wage Case decision and the Oc wber 1995 Staie Wage Case decision. Increases made under previous Sw1e Wage Ca5e Principles or under the current Statement of Principles are not to be used 10 offaet arbilrated safety net adjustments. The firs t, second and 1h ird $8 per week arbitrated safety net adjus1ments may be offset to the ex1en1 of any wage increa~e. whether an award increase. an overnward paymem or an increase by way of an enterprise arrangement received since I February I 992. Pre-February I 992 overaward arrangements are 10 be applied according to th eir terms. 'Overaward' payment is defined as !he amount in rates of pay which an employee would receive in excess of the minimum award wage as prescribed in this Award for the cla~sification in which such employee is eng aged wh ich applied immediately prior to the date of operation of th is variation : Provided thal this definition shall exclude overtime, shif! allowances, penal1y ra 1es. expense related allowances. vacation allowances, special ra1es or allowances, responsibility allowances. or any other ancillary paymenL~ of a like na1ure described by 1his Award.". Dated this twenty-fourth day of May . 1996. By the Commission, [L.S ]E . EW ALO. Industrial Re gistrar. Operative Date: 29 May 1996 Variation - 3rd $8 SN A Relen.<ed: 4 November 1996 J 5 November, 1996 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 859 -- 1 of 1 --