Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v The Registered and Licensed Clubs Association of Queensland, Union of Employers and Others [1995] QIRC 37 (1995) 148 QGIG 499

r 498 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [24 February, 1995 l 4095_1 DOC 24 February, 1995] QUEENSLAND GOVERNMENT IND US TRIAL GAZETTE 499 #######################11##1111########################### QUEENSLAND INDUSTRIAL RELATIONS COMM ISSION Industrial Relations Act 1990 s. 144 - appl ication for var iation Austr.ilian Liquor. Hos pitality and Mi scellaneous Workers Union, Queensland Branch. Union of Employees AND The Registered and Licens ed Clubs Association of Queens land, Union of Emp loyers and Ollicrs (No. R/69-8 of 1989) CLUBS ETC. EMPLOYEES' AWARD -S OUTH EAST QUEENSLAND COMMISSIONER BOUGOURE 24 January 1995 VARIATION THIS matter coming on for hearing before the Commission at Bris hanc on 24 January 1995. this Commission doth order that the said Awa rd be varied as fo ll ows as from the thirteenth day of February. I 995:- By deleting c lause 7 (Wages) and inserting the fol lowing in lieu thereof: •• "Wages 7.( I) Adults - Subject to clause 6 hereof, the minimum rates of wages to be paid to the undem1entioncd levels o f emp loyees sha ll be as follows :- The new class ification structure expresses the tota l award rate payab le, being the com bi nation of the ba se rate (includ ing broadbanding adjustments) and four min im um rates adjustments and the $8 safety net adjus tment. Such minimum rates adjustments arc to be absorbed into ovcraward payments where su ch payments are being made. The Tota l Award rate also inc ludes increases and adj ustments arising as a result o f the second tier adj ustmen ts and al l structural effic ie ncy adjustments. Appendix A attached to this Award lists amounts involved in broadbanding. Such amounts are to be absorbed to the extent of equi valent overaward payments. 'Overaward Payment' is defined as the amount (whether it be tcnned 'overaward paymen t', 'attendance bonus', ' service increment' or an y term whatsoever) wh ich an emp loyee would receive in excess of the 'Award Wage' which app lied immed iately prior to the date of operation o f any broadbanding or minimum rates adju stment awarded by the Commission for the cl assification in which the employee is engaged: 1-1095_ 1. DOC -- 1 of 2 -- 500 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (24 Februar y, 1995 Provided tha t such paymen t shall exc lude overtime sh i fl allowances, penalty rates, allowances, fa res and travelli ng time allowances and any other ancillary payment of a like na ture prescr ibed by this Award. The re la tivities fo r the new classifica ti on structure are as fol lows:- Level % Food and Kitchen Cook I louse Beverage Attendant Attend ant 78 I I I 2 82 2 2 I 2 3 874 3 3 2 3 4 92.4 4 5 100 5 3 6 I ()5 6 4 7 110 5 The percentage re lativi ties co lumn relates to percentages applying before the application of the $8.00 arbitrated safety net adjustment made in accordance with the Fe bruary 1994 Rev iew of Wage Fixing Principles. To1 al Award Rate Class i fica tion Supplem,n1ary Exctss as from (Defini ti on Base Ra1e Pa)'rne,u Paymeni 13/2,")5 Level Append ix A) Per Week Per Week Per Week Pe r Wee k s $ s $ ( No 1e 2) (Nole 3) (No 1c I) Bar Usefu l 284.90 48.50 9 10 .14250 A ll O1hers 2R4 . 90 48.50 9. 10 342.50 House Attendant 284.90 48.50 14. 10 34 7.50 Ki1chenhand 284.90 48.50 16 .20 34960 2 Steward/Ste wardess 299. S0 50.60 8.40 358.50 Assistant C:<l larperson 299.50 506() 8 40 358 50 \Vaiter 299.S0 50.60 .150. 10 Olher Cook 299. 50 50. (,Q S 60 355 70 Sin£)e Hand Cook 299.50 50.60 6 90 357 ()() > l <J.20 53.40 3i2.60 Head Waiter 337 40 5A. IO 393 .SO Chief Stc warcl 337.40 56 10 39::_so c, 11 ..,,crson 33 7 40 56. 10 393 .50 Qualified Cook 365.20 60.00 4:!5 .W 6 Secon d ('ook 383.50 62 .60 446. IO 7 Chef!Ch icf Cook 40 1 70 65 .20 466.90 Note I The Award Rate includes wage increases and adjustments arising from the State Wage Case dec isions co ll oquially referred to as: 2nd Tie r Adjustmen t; I st (two parts) and 2nd Structural Efficiency Adj ustmen ts; Minimum Rates Adjustment and l,8.00 Safety Nd Adjustment. Note 2 The Sup plementary payment at each classification level includes an $8.00 adj ustment reflecting the application of the arb iLrated Safety Net Adjustment Princip le enunciated in l ht: February, 1994 Review of Wage Fix in g Pr inciples. Cons ist en t with the requirements o f that principle the $8.00 Safe ty Net Adjustmen t is absorbable to the ex tent of any eq uivalent amount in rates of pay - whether overaward, award, indu~tria l agreement or cert ified agreement - in excess of the mi nimum rates (base rate and supplementary paymen t) prescribed in accordance wi th the October 1989 Stal.: Wage Case decis io n and adjusted in accordance with the July 1991 State Wage Case decis ion. 'Overaward' Payment is defined as the amou nt in rat.:s of pay which an employee would receive in excess of the mi nimum award wage as presc ri hed in this Award Note 3 for the classification in wh ich such em ployee is engaged which applied immediate ly pr ior to the date of operation of this variation: Provided t ha t this defini tion shall exc lude overt ime, shift allowances, pena lty rates, expense related a llowances, vacation allowances, special rates or allowances, responsib il ity allowanc.es, or any other ancillary payments of a like nature described by this Award . Excess Payment - In add ition to the base rate, excess payments prescribed above are to be paid fo r a ll purposes o f the Award, Such excess payment ~ha ll not have any subsequent percen tage based wage increase applied to it. Such excess payment sha ll be paid to all ex isting and fu ture emp loyees. (2) Juniors - The minimum weekly rate of wages payab le to j unior employees employed in clubs shall be cal.culated as follows :- Years of Age - Under 18 years of age 18 and under 19 Pc rcentage of min imum adult rate C}1) 65 75 And ther ea ft er at the appropriate rate of wages as prescri bed in subclause (I) hereof: Provided that any jun ior emp loyed on du ti.es involving the sa le or d istribu tion of alcoho l shall be paid the adult rate prescribed in subc lause ( I ) hereof for the work pe rfonned. (3) Calculation ofJunior Rates - Junior rates shall be calculated in multiples o f ten ce nts with any result of five cents or more be ing taken up to the next h ighest ten cent multiple.". Dated this twenty-fourth day of January, 1995. By the Commission, [LS.] R.H. BLU MSOM . Assistant .Industria l Registrar. Operative Date: 13 February I 995 Va ri ation - 4th MRA Released: 15 February 1995 ##############llili/####ll##ll#####/1############# ###11/1###### - 24 Feb ru ar y, 1995) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 501 -- 2 of 2 --