Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees [1995] QIRC 7 (1995) 148 QGIG 196

196 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [20 January, 1995 ####################################################### QUEENSLAND INDUSTRIAL RELATIONS CO MMISSIO N industrial Relations Act 1990 s. 144 - application for variation Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees (No. R/69-7 of /989) CONTRACT CATE RI NG AND INDUSTRIAL SERV ICES AWARD - SOUTH-E ASTERN DI STRI CT COMMISSIONER BOUGOURE 3 January 1995 VA RIATION T HIS matter coming on for hearing before the Commission at Brisbane on 3 January 1995, this Commission doth order that the said Award be varied as follows as from the second day of January, 1995:- By deleting subclauses (I) and (2) of clause 4 (Wages and Allowances) and insening the following in lieu thereof:- ''Wages an d Allowanc es 4.( I) Subject to clause 3B hereof the minimum rates of wages payable to the following classes of employees sha ll be:- Classificati on ln1erim Base Rare • • Interim (Definition) Appendix A) (Including Supplementary Broadbanding) Payment Per Week Per Week $ $ Level I : Kitchenhand ........ 325.40 Dining Room Attendant ...... 325.40 Level 2: Cashicr........... .. ... ... ......... .... . 341 .00 Wa iter/Waitress/Attendant ..34 1.00 Cook ... . ... 341.00 Level 3 .. ....... ... .. ... ... ... ... ..... 341 .00 Level 4: Head Waite r/Waitress/ Attendant .. .... 357.50 Level 5: Qualified Cook . .. .... ............ 356.20 Level 6: Chief Cook .. ... . . Persons Not Elsewhere Pr ovided for:. . .357.50 .. .. 325.40 8.00 8.00 8.60 8.60 8.60 19 .80 22 .00 38 .60 48.40 8. 00 ln lerim Tota l Wage Rate • Excess as at Paymen t 211/95 Per Week Per Week $ $ 7.00 340.40 7.00 340.40 349.60 349.60 349.60 360. 80 379.50 394 .80 405 .90 4.50 337. 90 1373 1_ 1.DOC 20January, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 197 Excess Payment - In addition to the base rate, excess payments prescribed above are to be paid for all purposes of the Award. Such excess payment shall not have any subsequent percentage based wage increase applied to it. Such excess payment shall be paid to all existing and future employees. '* The supplementary payment at each classification level includes an $8.00 adjustment reflecting the application of the arbitrated safety net adjustment principle enunciated in the February 1994, Review of Wage Fixing Principles. Consistent with the requirements of that principle the $8.00 safety net adjustment is absorbable to the extent of any equivalent amount in rates of pay - whether overaward, award, industrial agreement or certified agreement - in excess of the minimum rates (classification rate and su pplementary 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. Juniors Under I 8 years of age ......... ....... .. .... I 8 and under 19 years of age .. .... .. ...... 19 and under 20 years of age ........ . .. . Percentage of Min imum Adult Rare % ·• •·· ··•··• ••·•· ••• · ·· ···• .. • 65 ... ........ 75 ... . 85 And thereafler the appropriate rate prescribed for adults for the class of work perfom1ed. Calcularion of Rates - The rates of pay applying to junior employees shall be calculated in multiples of ten cents, with any result of five cents or more being adjusted to the next highest ten cents multiple. (2) The new classification structure expresses the interim total rate payable, being the combination of the base rate (including broadbanding adjustments), the first minimum rates adjustment and the $8.00 Safety Net Adjustment. Such minimum rates adjustment is to be absorbed into overaward payments where such payments are being made. The interim total rates for classifications marked with an asterisk c• ) are comprised of a current national rate together with a separately expressed first of four equal minimum rates adjustments. Appendix A auached to this Award lists amounts involved in broadbanding. Such amounts are to be absorbed to the extent of equivalent overaward payments. 'Overawa rd Payment' is defined as the amount (whether it be termed 'o veraward payment', 'attendance bonus', 'service increment' or any term whatsoever) which an employee would receive in excess of the award wage which applied immediately prior to the date of operation of any broadbanding or min imum rates adjustment awarded by the Commission fo r the classification in which the employee is engaged: Provided that such payment shall exclude ovenime shift allowances, penalty rates, allowances, fares and travelling time allov.-ances and any other ancillary payment of a like nature prescribed by thi s Award. The ultimate relativities for the new classifications are as follows:- Leve l I 2 •• •••••• •••••••••••••• ••• 3 .. ......................... 4 .. .. . 5 .... . 6 .. .... . .... ... ......... .. ... .... Percentage % .. ....... .. .... 78 .0 •• ••••• ••• •••• ••••• •••• ••• ••• • ••••• •• ••• ••• • 82. 0 •• •• •• •••••••••••••• ••• •••• •••• ••••• ••• ••• •••• •• •••• 87.4 •• •• •••• 92.4 .... . IOO.O ···· ·· · 105.0 The percentage relativities column relates to percentages applying before the application of the $8 . 00 arbitrated safety net adjustment made in accordance with the February 1994, Review of Wage Fixing Principles. ". Dated this th ird day of January, 1995. By the Commission, [L.S.) R. H. BLUMSOM, Assistant Industrial Registrar. Operative Date: 2 January 1995 Variation - 2nd MRA Released: 9 January 1995 13731 _ 1.DOC -- 1 of 1 --