Australian municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch Union of Employees v Queensland Confederation of Industry Limited, Union of Employers and Others [1995] QIRC 194 (1995) 149 QGIG 611

610 QUEENSLAND GOVER MENT INDUSTRIAL GAZETTE [23 June, 1995 23June, 1995] 153759-46 QUEENSLAND GOVERNMENT INDU TRIAL GAZETTE 61 1 ####### ##############################11#####11########### Q Ul:. E SI .ANO IND STRIAL RELA TIO, S CO MMI SS IO Industrial Rclauons Act 199() s. 144 - appli ca tion fo r variation Au slralian Muni cipal. Administrative, Cle ri ca l and Ser. ices Unio n, Cen tra l and Southern Queensland Clerical and Administrative Branch Un ion of Em ployees AND Qu eensland Confederation of Indu st ry Li mited. Un io n of Emp loyers and Others (No . 8503 of 1995) CLERICAL AWA RD - R EG I STE RE D AND LICE ' ' ED CU' BS - ST ATE COM MI SS ION ER OOUGOURE 5 June 1995 VARIAT ION TI II S matter coming on for hearing before the Co mmi ssion at Brisba11e on 21 April and 5 June 1995. this Co mmission doth order th at th e sa,d Award he va ri ed as follow s as from th e eighth day of May. 1995:- By deleting subclause ( I) of clause 5.2 (Wages) and in~erting th e follo" ing in lieu thc:r eo f:- "S.2 \ Vagc) (I) The minimum rates of wages payable 10 th e following le\ el of work as ddincd in clause 3.3 shall be:- ~lhtm Dhis,on Tcml Total (East<m D1stnc1) Suppletn<nlll) Award RIie D•se Wage Ra1c Pa)'mcnr • ._, a1 815195 P<1 \\ t<k Ptt W«l Pu \\cck \\ lg< Lt,tl $ s s (82~.) 299~ 58 50 35 8.00 2 ( 87 .4¾) 319 20 61 40 380 60 J (92 4%) ... 337 40 64 )0 401.50 4 (100%) 365 20 68.00 433 20 5 (10.S%). 383 so 7060 454.10 b (110%) 401 70 73 J O 475 00 The new cla s~ ification s 1ruc1u rc expresses the total Award rate payabl e. being the combination of the percentage base rate and the su pplementary payment which includes the first und second $8 safet) net adjustments. Such supplementary pa)'ment is absorhable 15436_1 DOC -- 1 of 2 -- 6 12 QUEENSL AND GOVERNMENT INDUSTRIAL GAZETTE to the ex tent of equivalent overaward payments which such payments are being made. The total Award rate includes all increases and adjustments arising as a result of the second tier. structural efficiency payments, structural efficiency adjustments and minimum rates process. The percentage relativ ities are based on a base rate and supplementary payment totalling $417 .20 per week at level 4. ·overaward Payment' is defined as the amount (whether it be tcm1ed ·overaward paymen t'. ·attendance bonus ', ·service increm ent' or any t enn whatsoever) which an employee would receive in excess of the 'Award Wage ' which app lied im mediately prior to the date of operat ion of any broadbanding or mini mum rates adjustment awarded by the Commission fo r the class i fi cation in which the emp loyee is engaged : Provided that such paymen t s hall exclude overtime shift allowances, pena lty rates, a ll owances, fares and trave ll ing time allowances and any other anci ll ary payment of a like nature prescribed by this Awa rd . The supplementary payment at each c lassification level includes the li rst and second $8.00 adjustments reflecting the application of the arbi trated safety net adjustment principle enunciated in the February and November 1994 Review of Wage Fixing Pr inciples. Consistent with the requirements of that Principle the $8.00 safety net adjustments are absorbable to the extent of any equivalent amount in rates of pay - whether overaward, award, in dustrial agreemen t or certified ag reement - in excess or the minimum rates (c lassilication rate and su pplementary payment) prescribed in accordance with the October 1989 State Wage Case decis ion and adjusted in accordance with the .Ju ly 199 1 State Wage Case decis ion . NOT E: The wage rates under this Award effective from 29 Aue.us! 1994 arc as above. Schedule /\ contains the wage rates that appl ied under the Clerks· Award - Hotels and Registered Clubs - State on 28 August I 994, immedia tely before this Award became effective. As no ex isting emp loyee employed by the employer prior to 29 August 1994 is to suffer any reductions in ordinary time earni ngs as a result of this Award. cmp loy1:rs may be required to refer to bo th clause 5.2 and Schedule A in deten n ining the appropriate rate of pay to an emp loy ee employed by that emp loyer pr ior to 29 August 1994.". Dated this fifth day of Ju ne, 1995. By t ht: Commission , [L.S.] KB PUL.SFORD, Acting Industrial Registrar. Operative Date: 8 May 1995 Variation - 2nd $8 SNA Released: 9 June 1995 (23 June, 1995 23 Jun e, 1995] QUEE NSLAND GOVERNMENT INDUSTRIAL GAZETTE 613 I 5436_ 1.DOC 154 36_1.DOC -- 2 of 2 --