Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers [1995] QIRC 210 (1995) 149 QGIG 728

728 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE l30 June, 1995 ##################################11#################### QUEENSLAND INDUSTRIAL RELATJONS COMMISSION Industrial Relations Act I 990 s. 144 - application for variation Aus tralian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND Queensland Confederation of In dustry Limited, Union of Employers (No 8325 of 1995) GRAIN AND ASS OCIATE D PRODUCTS MIL LI NG AWA RD - SOUTHER N DI VISIO N CO MMISSIONER NUTTER 9 June 1995 VARIATION THIS matter com ing on for hearing before the Commission at Brisbane on 9 .lune 1995. this Commission doth order that the said Award be varied as follows as from the eighth day of May, I 995:- By de leting subclause ( I) of clause 3.3 (Wages) and inserting the following in lieu thereo f :- ;'3.3 Wa ges (I) Subject to clause 3.2 hereof the min imum rates of wages payable to the following classes of employees within the Southern Division. Eastern District. shall be :- Supplementary Award Rate Base Rate Payment as from 8/ S/95 Per Week Per Week Per Week Clas si tica1ion and Relativity Level ( NOie 3J s s $ (Note 2) (Note I) (76 0%) ... .. 227.60 5 5.5 0 333. 10 2 (8 2. 0%) . .. .. 299.50 58.60 3 58 . 10 3 (88 0%) . 321.40 6 1 80 383.20 4 (93.0%) ... 339.60 64.40 404.00 5 (1000%) 365 20 68 .00 4 33 .20 6 ( 10 2.0%) . ... .. .. ... .... ... ...... .... 372.50 69.00 44 1. 50 7 (1060% ). .. .. 387. 10 71.! 0 458.20 8 ( 1 12 0%) ... . . .... .. .409.00 74.30 48 3.3 0 Nole I The award rate includes wage increases and adjustments arising from State Wage Case decisions colloquially referred to as 2nd Tier Adjustment; I st (2 parts) and 2nd Structural Efficiency Adjustments; 1st, 2nd, 3rd and 4th Minimum Rates Adjustments and the first and second $8.00 Safety Net Adjustments. Arising from these adj ustments ccnain • Excess Payments' have also been identified and are payable to employees engaged in such class ificat ion s as part of their Award Rate (Refer to subclause (2) ·Excess Payments ' ). These ;E xcess Payments' are not subject to absorption of the Safety Net Adjustments. Such 'Excess Payments' shall not have any subsequent percentage based wage increase applied to it. Note 2 The supplementary payment at each classification includes the first and second $8. 00 adjustment reflecting the application of the arbitrated safety net 15511_1.DOC 30 June, 1995) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE Note 3 adjustment principle enunciated in the February and November 1994 Review of Wage Fixing Principles. Consistent with the requirements of that Principle the first and second $8.00 safety net adjustments arc absorbable to the extent of any equivalent amount in rates of pay - whether overaward, award, industria l agreements or certified agreement -- in excess of the minimum rates (classification rate and supplementary payment) prescribed in accordance with the October 1989 State Wage Case decision and adjusted in accordance with the July 199 1 State Wage Case decision ·Overaward' payment is defined as the amount 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 emp loyee is engaged which applied immediately prior to the date of operation of this variation: Provided that this definition shall exclude. overtime. shift allowances, penalty rates. expense related allowances, industry allowances, disability allowances, vacation allowances, special rates or allowances, responsibi lity a llowances, or any other ancillary payments of a like nature described by this Award. The percenta ge relativities column relates to percentages apply ing before the application of the first and second S8.00 arbitrated safety net adjustments made in accordance with the February and November 1994 Review of Wage Fixing Principles. The percentage relativities column should also be applied by excluding amounts payable to emp loyees pu rsuant to subclause (2) ' Excess Payments'.'', Dated this ninth day of June 1995. By the Commission. IL.S.] K.B. PULS FORD, Act ing Industrial Registrar. Operative Date: 8 May 1995 Variation - 2nd $8 Safety Net Adjustment Released: 2 1 j une 1995 #################ff################/1#################### 729 -- 1 of 1 --