Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees v Queensland Hotels Association, Union of Employers [1995] QIRC 193 (1995) 149 QGIG 610

610 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [23 J unc, 1995 ####################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Jnd11slrwl Reial/Ons Act 1990 s. 144 - application for variation Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrati,e Branch, Union of Employees AND Qneensland Hotels Association, Union of Employ-:rs /No. B502 uf /995) CLERICAL AWARD- HOTELS, RESORTS A'.'.D CERTAil\ OTHER LICENSED l'REMISES STATE (SOUTH EAST Ql'EENSL\NO) 15436_ !.DOC 23 June, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 611 COMMISSION BOllGOLJRE 5 June 1995 VARIATION This matter coming before the Commission at Brisbane on 2 i April and 5 June I 995. this Commission doth order that the said A\vard be varied as follow, as from the eighth day of May, 1995:- By deleting subclause (I) of clause 5.2 (\Voges) and inserting Lhe following in lieu thereof:- "5.2 Wages ( l) The minimum rates of wages payable to the following level of work as defined in clause 3.3 shall be:-- Southern Diviswn Supple- Total (Eastern Dis!rict) mentary Award Rate Base Wage Rate Payment" As at 4/.~ ·94 Wage Per Week Per Week Per Week Level $ $ $ 3 4 6 (8:::%) 299 50 58.50 358.00 (874%) . 319.20 61.40 380 60 (92.4%) 33740 64.10 401 50 (l00%) 365.20 68.00 433.20 (105%) .383 50 70.60 4'\4.10 (110%) . 401 .70 73.20 474 90 The new classifo.:ation structure expresses the total Award rate payable, being the combination of the percentage bnse rate and the supplementary payment which includes the first and second $8 safrty net acljustments. Snch supplementary payment is absorbable to the extent of cquh alent m eraward 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 proces~. The percentage relativities are based on a base ralc and supplementary payment totalling $417.20 per week at level 5. 'Overaward Payment' is defined as the amount (whether it be termed ·ovcraward payment'. •attendance bonus·, service increment' or any tenn whatsoever) wh.ich an employee \\Ould receive in excess of the 'Award Wage' wbilh applied im111ed1ately prior to the date of operation of any broad banding or minimum rates adjustment awarded by the Commhsion for the classification in \.Vhich the employee is engaged. Provided that such payment ,hJII exclude overtime shdl allowanc.:e~, penally rates, allowances, fares and travelling time allowances and any other ancillary payment of a like nature prescribed by this Award. * The supplementary payment at each classifaation levd includes the first and second $8.00 adjustments reflecting the application of the arbitrated safety net adjustment priuciple enunciated in the February and November 1994 Re\,iew of Wage Fixing Principles. Consistent with the requirements of that Principle the $8.00 safety net adjustments are absorbablc to the extent of any equivalent amount in rates of pav - whether overaward. award, industrial agreement or certified agreement - in excess of the minimum rates (cla~sification rnte and supplementary pnyment) prc~cribcd in accordance with the October l 989 State Wage Case decision <lnd adjusted in ac1.:ordance v,ith the July 1991 State Wage Case decision. NOTE: The wage rat<.;s under this Award effective from 4 April 1994 are as above. Schedule A contains the wage rates that arplied under the Clerks' Award - Hotels and Registtcrcd Clubs - State on the 19 December, l 993, immediately before this Award hecame effective. • 153759-46 As no existing employee employed by the employer prior to 20 December 1993, is to suffer any reductions in ordinary time earnings as a result of this Award, employers may be re4uired to refer to both clause 5 .2 and Schedule A in determming the appropriate rate of pay to an employee employed by that employer prior to 20 December 1993.''. Dated this fitlh day of June, l 995. By the Commission, !LS.] K.B. PU!SFORD, Acting Industrial Registrar Operative Date: 8 May 1995 Variation - 2nd $8 SNA Released: 8 June 1995 ####################################################### 15436_!.DOC -- 1 of 1 --