Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers and Others [1995] QIRC 85 (1996) 151 QGIG 1869

18 68 QU EENSL AND GOVERNMENT IND USTR IAL GAZETTE 29 March, 1996 r I I ' \I l r II I I I I I I I I ( I I ( (. 29 March, 1996 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1869 ####################################################### QUEENSLAl'>D IM)l.,S TRIAL RELATro, s COMMISSION /,u/u <t riul Relm11m< A ct /990 s I .!J applic:u1on fon:1nJ 11 on Au,1rahan l.1quor, l lo:, p11ality and M1scellanco w, Workc ,, Unio n. Queen, laJl(J Branch, U ni on of Employees AM) ()uccnsland Conlcdera1io n of lndu\lry Limned, Unio n of Emp loyer, and 0111<!1\ (Nm IJJ/3 and IJ /'134 of 1995) (.' WE , RE.liTA I.J RA.-.T AN D CATER I NG A WARD - ()lJTH. •. A.')TER7\ DIHSI0:0-. COMMISSIONER BOUGOURE VARIATION THl'i matter c1>fmng on for hearing bcf()(C the Cl>fnm"sion a1 Rn,;bane on Ill t:ic~ember 1995. 1h1, Comnu,s1on doth orckr that the ,:ud Award ~ van cd as follow., ;i.s from the eigh1ec111h day of Ocoembcr. I 99 ~ unlc" ot hc 1w1 sc mentioned :- I B} clclt.•ung -.ubclause (I) of clJu.se 22 !Wage~/ and 10-.cmng the: foll ow ,ng 111 li eu 1hcreof:- 22. (I) SubJect 10 clause 2 1A hereof. the rrunimum rates of wages pay,1hk 10 the 11nclcrmen11 0 11cd levels of e mpl oyee, , hall be a., ,c1 out hereunder The relru1v111c, of the ,:inou, le"cl' .,..nhm the11 n.-,pec1 1, c ,1ream, ,, a., follow, food•"" t,;,1drn ,...., ,... Be,er-Jt;t Alttndant Cool. l1111 oduc1ory .... . 7J I 18 = '12 2 ~ l . 87 4 J 3 2 4 ' . 92.4 4 ~ 100 5 6 105 6 4 7 110 5 1 he perccnlJfC rcla11 v1t1c, column re late, 10 pcrcenta~c, apply11111 before the: apph,au o n of the SI! 00 arb11ra1cd ,;afet) net adJu\lmcnr made m accordJnce "'uh the f.cbruary 1994, Re ,1c.,.. of Wage fi xing Pnn c, ple~ 41h At>....-l>.ible lowl M,n R ~- \\• < R.att- r \\.C,, AdJU\llll(n( A,At IS/121',5 P•tment ( ·1.,,,1ficalion Per Wctk Per Wee k l',r Weck $ $ s lmr,l<luc1ory I c,ct 12()6() 1.e,cl I W190 \ 50. I e,cl 2 . .. . ... .. 020 l5k 10 2 10 •• l evel J ..... . 5 4() Jl!0 60 I e,tl 4 ... l XO 401 50 I '\( 5 ... 1,111 ,lll 10 Lc,el6 . 18 50 454 10 Level 7 ... 20 10 474 ~() Appendix A ,,nacbed to lh1s ,\,.,.ll'd h,r- pre,uiu,I) e,i,ung cla~,1ficat1ons. their dcfiniuon, :ind "-here the) tran<IJlcd rnlo the t1cfinit1on, contained 111 clau;,c 6 ! Defimt1o m,1 of this Award . Th- wlunin hc:Jded "-lth At>-orlxlhlc '-1 m R.11._.., \dJU.Stlllt!nl mc Jud._.., the final absorhablc mm1111u111 rate, ,kl1u<1rnen1 to be at,,,ort>cd 11110 overawm d payme111, ;i.s defined 189.12. I DOC -- 1 of 2 -- 1870 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 29 March, 1996 'O veraward Payment' is defined as the amount (whether it be temied ·overaward payment' , ·attendance bonus', 'service increment' or aJl)' tem1 whatsoe,•er) which an employee would receive in excess of the •Award Wage' which applied immediately prior to the date of operation of any broadbanding or min imum ra tes adjustment award by the Commission for the classification in which the employee is engaged: Prov ided rhm such payment shall exclude overtime shift allowances, penalty rates , allowan cc.s, fares and travelling time allowances and any other ancillary paymenr of a like nature prescribed by this Award. T he total wage rate incl ud es the following wage increases : 1987 REP; Js t and 2nd 1989 SEP; 1991 SEA; four Minimu m Rates Adjustments and the two $8.00 Safety Net Adjustments. Excess Payment - In addition 10 the ba.~e rate. excess payments pre.scribed above are to be paid for all purposes of the Award . Such excess payment shall not have any subsequen t percentage based wage increase applied to i t. such excc.ss payment shall be paid to all exist ing and future employees and shall be applied as follows: Kitchenhands employed ru Level I Si ngle Hand Cooks employed at Level 2.". 2. By deleting cl ause 29 ( Wages) and inserting the following in lieu ther eof:- " Wages 29. ( I) Notwithstanding anything elsewhere provided in this Award. t he wages of employees engaged a~ shop assistants in cake and pastrycooks' shops. w here the emp loyer is bound by the Retail Industry (Interim) Award - Stace sh all be in accordance w ith clause 3.4 of that Award. The wages of emplo yees engaged as shop assistants in cake and pastrycook.~' shops by employers other than those bound by the Retail Industry (Incerim) Award - Stace shall be as follows:- Ch1s..,itica tjoo and Relativity Base Rate Per Week $ Supplementary Payment Per Week $ lmerim Tow I Wage Rate Per Week A,At Ion;95 $ Adult Employee: 2 1 Year.< & Over ... .. .. .......... . 3 11.20 8.00 319 .20 The rates of pay in this clause include the fir st $8.00 per week arbitrated safety net adjustment payable under the November, 1994, State Wage Case decision. lncrea~es made under previous State Wage Case Principles or under the current Statement of Principles are n ot to be used to offset arbitrated safety net adjustments. This first $8.00 per week arbitrated safety net adjustment may be offset to the extent of any other wage increase, whether an award increase. an overaward payment or an increase by way of enterprise arrangement. received since l February I 992. Pre-February 1992 overaward arrangements are to be applied according to their terms. Cias~ificat1on and Re lativ ity Adult Employee · 21 Years & Over .. Base Rate Per Week $ .... ... 311.20 Total Supplemen tary Wage Rate Paymen1 Per Weck Per Week As At 10/1/96 $ s 34 . 57 345 . 77 The supplementary payment column includes four Minimum Rate s Adjus1men1s and two Safety Net AdJustments and is based on a rela1iviIy of 92.4% of the trade equivalent applying before the application of the t wo arbitra1ed Safety Ne1 Adjustmen ts made in accordance wi th Wage Fixation Principles. ( 2) Junior.; Percentage of Minimum Adult Rate 15 and under 16 years...... .. . ...... .... , .. ........ ...... .. .. .. .. % ......... 45 .0 .... 50.0 ... 55 .0 16 and under I 7 years .......................... .. ...... .. ............... .. 17 and under 18 years ..... .. ...... .... ...... .. 18 and under 19 year, .. . 19 and under 20 years .. . 20 and under 2 1 years .. .................... 65.0 .. ..... ... ........................ ... 75.0 .. .... .. ..... .. ..... ...... .. .. 85.0 Junior rates shall be calculated in mul!iple.~ of ten cents with any resul! of live cen ts or more being taken to the next highest ten cent multiple.". 3. By de leting c lau se 35 ( Wages) and inserting the following in lieu thcreof:- ·• w ages 35. (J) The mini mum weekly rates of pay shall be a~ follows:- Classific-ation an d Relativity Sing le Hand Cook 87.4% Cook 87.4% Others 82.0% - Over 20 years of age (adult) Base Rtite Per Week s 344.20 339.80 333 .90 lnleri m Tota I Supplcmcn1ary Wage Rate Payment Per Weck Per Week As At 1on195 $ $ 8.00 352.20 8.00 347 .80 8.00 341.90 The rates of pay in this clause include the first $8.00 per week arbi trated safety net adjustment payable under the November. 1994, State Wage Case decision. Increases made under previous State Wage Ca.se Principles or under the current Statement of Principles are not to be used to offset arbitrated safety net adjustments. This first $8.00 per week arbitrated safe ty net adjustment may be offset to the extent of any other wage increase, whether an award increase, an overaward payment or an increase by way of enterprise arrangement, received since I February 1992. Pre-February 1992 overaward arrnngements are to be applied according to their terms. Clas,,i fication and Relativi1y Cook 87 .4% Others 82.0% - Over 20 years of age (ad ult) Base Rate Per Week $ 339.80 333 .90 Supplementary Payment Per Wee k $ 40.80 24.20 Total Wage RalC Per Wee k As At 10/1/96 $ 380.60 358.10 The supplementary payment column includes four Mi nimum Rates Adjustments and two Safety Net Adjustmen ts and is ba.5ed on the aforementioned relativit ies of the trade equivalent applying before the application of the two arbitrated Safety Net Adjustments made in accordance with Wage Fixation Principles. (2) Juniors Under 17 years of age ... .... .......... .. . I 7 and under 18 years ..... .. 18 and under 19 years 19 and u nder 20 year,; .. ... Percemage of Minimum Adult R,11e % ...... . 55.0 ....... 65.0 ................... .. 75.0 .. ... ....... .. . 85 0 Junior rates shall be calcul ated in multiples of ten cents with any result of five cenL5 or more being taken to the next highest ten cent multiple.". 4. By deleting the Appendix to the Award and insening the following in lieu thereof:- ''Append ix A (I) Previous cla.5silications and translation to Levels: Level Previous Classification I Kitchenman/maid 2 Bar Attendant 3 4 5 6 7 Drink Waiter Waiter Receptionist/Ca.shier Ca5hie r Cook Singlehand Cook Other Cook Head Waiter Qualified Cook Second Cook Chef or Chief Cook l ( ( I t ( l ( ( l I, l, ( ( I ' f I f ( ( 29 March, 1996 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (2) The following definitions have been replaced by the new classification definitions and are provi ded here to a%ist the pani cs to correctly classify exis-t ing employees and to correctly apply the appropriate wage rate including the excc.~s an1oun1s . The inclusion of these superseded definitions in this Appendix will be reviewed at the same time as the new cla~silication definit ions are reviewed by the parti es . Definilion.f (a) ' Chef or 'Chi ef Cook· shall mean an employee who has served an ap prenticeship or who has qual ified through an approved technical college or tnstmmon or who ha, obtain ed an equivalent qualification and who supervi ses and cont rols th e work and employees in any kjtchen where more t han one Cook is employed. . (b ) ·.Second Cook' shall mean an employee who is placed in charge of a kitchen 111 the absence ofa 'Chef or ·chief Cook·. (c) 'Single H and Cook' shall mean an employee. other than a Qualified Cook, who is employed as a Cook and who does not ha ve the a,si stance of other Cooks. (d) 'Cook' shall mean an employee who is employed substantially in the cooking and/or preparing of food. but shall not be deemed to include other cla,ses of Cooks as defined herein. Employees engaged in cooking eggs or maki ng 1oas1. teas , boui ll on, or simil ar dri nks, shall not be co nsidered to be perfonni ng the work of a Cook. (e) ·H ead Waiter' sha ll mean any employee appointed as such by an employer and who is responsible for the supervision of the work of dining room staff. (f) ·wai ter' or 'Waitress' shall mean an employee engaged in waiting upon tables for the purpose of serving food and refreshments (other than alcoholic beverages) : Provided that such employee may al so be required to work in a pantry or scu llery. (g) 'Drink Waiter· or 'Drink Waitress' shall 111ean an employee who is engaged upon serving alcoholic beverages for more than two hours in any one day. (h) ' Receptionist/Cashier' shall mean any employee who is exclusivelv rc.~ponsib le for the reception of patrons and/or the receivi ng of moneys i~ payment for meals provided . (i) 'Cashier' shall mean any employee in a cafeteria who is principally employed at a cash register to rece i ve payment for meals. (j) ·Qualified Cook' shall mean a Cook who has successfully completed, and can produce appropriate documentary evidence to his or her employer to the effect that he or she has successfully compl eted , an apprenticeship in cooking al a recognised school or college or sho has passed an appropriate trade tes t in cooking at a recognised school or college. (k) . · Bar A nendant' shall mean an employee who is engaged in serving and/or d1spcnsmg and/or mix ing alcoholic beverages from a cocktail bar or any other simi lar type of servery for more than two hou rs in any one day... Dated this eighteenth day of December. 1995. By the Commission, [L.S.] EC . EWALD. In du stri al Registrar. Operat ive Date: I 8 December I995 Variation - 4th MRA and Second $8 SNA Relea.,ed: 19 March 1996 1871 -- 2 of 2 --