Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers [1995] QIRC 498 (1995) 150 QGIG 777

776 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 13 October, I 995 13 October, 19 95 J QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 777 ####################################################### QUEENSI AND INDUSTRIAL RELATIONS COMMISS ION lndu11r1al Relauons Act /990 s. 144 applicauon for variation Australian Liquor. I lospilalit) and Mi scellaneous Workers Union. Queensland Branch. Union of 1-.mployccs ANO Queensland C'onfederauon of Industry Limited. Union of Lmployers ( \'o BI 3 06 of /995) PA I NT A:";D VARNISH ~IAKING AWARD- TATE COMMISSIONI-.R EO\\ARDS 31 August 199.5 VARIAIION TIIIS mailer coming on for hearing before lhe Commission a1 Bnsbane on 31 August 199.5. lhis Commission doth o rd er that lhe 16671_1.DOC -- 1 of 2 -- 778 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 13 Or;tober, 1995 said Award be varied as follows as from the fourth day of September, 1995:- 1. By deleting subclause (3) of clause 8 (Wages) and inserting the following in lieu thereof:- "(3)Leading Hands - A leading hand shall be paid not less than $1 1.48 per week in excess of the highest rate for any adu lt employee specified in this Award under such employee's supervision.''. 2. By deleting clause 20 (Engagement) and insert ing t he following in lie u thereof:- "Tcrminat io n of Employment in Cases Other Than Redundancy 20.( I) Except in circumstances where the provisions of Clause B (Introduction of Changes) and of C lau se C (Redundancy) of the Statement of Policy referred to in Clause 20A (Introduction of Change s, Tennination of Employment in Cases of Redundancy) app ly, the min imum pe ri od of notice shall be given by the employer oi the tennination of employment for an employee (other than a casual) or the equivalent amount of pay allowed in lieu thereof:- Provided that the min imum period of notice is : (a) For an employee employed: (i) Not mo re than I year (ii) Mo re than I year but not mo re than 3 years: (iii) More than 3 years but not more th an 5 years: (iv) More than 5 years; I week 2 weeks 3 weeks 4 weeks Provided further that the period of notice cannot be counted as annual leave or part thereof. (b) l1 1creascd by one week iflhe employee: (i) Is over 45 years old; and (ii) Has completed at least 2 yea rs of continuous service with the employer. (2) An employee (other tha n a casual) shall give one wc.:k 's not ice of the tcnnination of employment or the equivalent amount of pay forfeited in lieu thereof. (3) Where an employee is guilty of an act of misconduct, dishonesty or drunkenness such employee may be subject to in stant dismissal and sha ll only be paid up to the time of dismissal.". 3. By adding a new clause 20A (Introduction of Changes, Termination of Em ployment in Cases of Redundancy) as follows :- "lntroduction of Changes, Termination of Employment in Cases of Redundancy 20A Except as provided fo r in clause 20 hereof, employers and employees to whom this Award app lies shall observe the term s and conditions of the Statement of Po l icy of Tem1ination of Employment. Introduction of Changes. Redundancy contained in the decision of the Full Bench of the Comm is sion dated 16th June. 1987. and published in the Queensland Government industrial Ga;efle, Vol. 125. fol ios 1119- 1121. as amended by 125 QGJG 1377 and 12 6 QGIG 188: Provided that th e provisions of clause A - Tennination of Employment contained in the aforesaid Statement of Policy shall not have application under this Award except in circumstances resulting from technological change and/or redundancy as set out in Clauses H and C respectively of that Statement of Policy. Each employer shall display a copy of the aforementioned decis ion of the Full Bench of the Commission in such a position as to be easily read by the employees.''. Dated thi s thirty-first day of August, 1995. By t he Commission, [L.S.J R.H . BL UMSOM , Industrial Registrar. OperaLive Date: 4 September 1995 Varia ti on - TCR, Leading Hand Allowance Released: 3 October 1995 ####################################################### 16671 _ 1.DOC I3 October, I 995) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 779 j I( .( I -- 2 of 2 --