Federated Engine Drivers' and Firemens' Association of Australasia Queensland Branch, Union of Employees v MQF Queensland Pty Ltd and Darling Downs Bacon Co-operative Association [1994] QIRC 692 (1995) 148 QGIG 256

256 QUEE NSLAND GOVERNMENT IND US TRI AL GAZETTE [27 January, 1995 ##l/######l/###l/##ll##l/#######1/#### ########## ############# Q UEENSLAND INDUSTRIAL RELATIONS COMMISSION .Industrial !~elations Act 199() s. 144 - application for variation Federated Engine Drivers· and Fi remens· Association of Australasia Queensland Branch. Union of Employees AND MQF Queensland Pty . Ltd. and Darling Down s 13acon Co-operative Assoc iation (:Vo B 1486 of 1994) E1\'GINE DRI VE RS IN BA CO?\ FACTORI ES SOUTH-EASTERN DI VIS.IO N I N DliSTRJ AL AC RE£M E:ff 27 January, 1995] QUEENSLAND GOVERNMENT INDUSTRI AL GAZETTE 257 COMMISSIONER NUTTER 20 December 1994 VARIATION THIS matter coming on for hearing before the Commission at Brisbane on 20 December 19 94. this Commission do th order th at the said Industr ia l Agreement be varied . by consent. as follows as from t he twentieth day of Decembe r. I994:- 13y de leting subclause (I) of clause 6 (Wages) and inserting the fol lowing in lieu th ereof: - "\Vages 6.( I) T he classification descriptions and minimum rates of wages to be paid to the undcm1entioned classes of em ployees in t he Southern Division. Easte rn Di strict shall be: - (a) Classification Descriptions :- Wage Group C7 ( I 15 %) Engineering Tradespcrson Special Class Level II Engineering Techn ic al Lev el Ill Wage Group C8 (110%) Eng ine ering Trndcsperson Special C la ss Level I Engineering Technical Level 11 Wa ge Group C9 ( I 05%) Engineer in g Tradesperson Level II Engineer in g Technical Level I Wage Group C IO( I 00 %i Engineer in g Tradcsperson Level 1 Wage Group C I I (92.4%) Engineering Employee Level IV Wage Group Cl2 (87.4%) Engineering Employee Level Ill Classi tication of levels above C8 shall be by appointment. ·c 1as si fi ca 1io n Definitions· for those levels are contained in clau se 3.1 (C la s si ficat ion Defini ti ons) of the Engineer in g Award - State. ( b) Wages - The mi nimum wcck ly rate to be pai d to employees sha ll be the followi ng and shall be paid for a ll purposes of the Agreement :- Classi fi - Min irmun Supple- Total ca1 ion Ci assiii- rnc11 1a ry Additional Agreernent Leve l Re lativity cation Rate Payment Paymen1 Rate Per Week Pe r Wee k Per Week Per Week o,.~ s $ $ s Nole 3 No le 2 No te I Nole I C7 1 1.5 42 0.00 67. 80 98.80 586 .60 C8 JO 401 70 65 .20 94 .50 56 1. 40 C9 105 38 350 62.60 90 .20 S.16 .30 CtO 100 365 .20 60.00 85.90 51 1.10 C I I 92 .4 3 ;1 7.40 56 .00 79.50 4 72 9() C l 2 87.• 31 9.20 53.40 75 . 10 44 7 .7 0 Note I The Agreement rate inc lu des wage increases and adjustmen ts arising from State Wage Case decis ions colloquially referred to as: 2nd Tier Adjustment; Ist and 2nd Structural Efficiency Adjustments. fvl inimum Rates Adjustments and Safety Net Adjustment. Arising from these adjustments c.ertain 'Additional Payments' ha ve also been identified and are payable to employees engaged in s uch classifications as part or the Total Agreement Rate. These · Ad d iti onal Payments' are not subject 10 absorpt ion of the ·Safety Net ' adjustme nt. Note 2 The supplementary payment at each classificat ion level includes an $8. 00 adjustment renecting th e app licati on of tJ1e arbitrated safety net adj ustment pr i nc iple en unciated in the February 1994 Review of Wage Fixing Principles. Consistent with the requirements of that princip le th e $8.00 safety net adjustment is absorbable to the extent of an y eq ui valent amount in rates of pay - whether over award, award, industrial agreement or certified agreement - in excess of the minimum rates (classificat ion ra te and supplementary payments) prescribed in accordance wi th t he October 1989 State Wage Case decision and adjusted in accordance with the July 1991 State Wage Case decis ion . Overaward Payment - Over award payment is de fined as the amoun t in rates of pay which an employee wou ld receive in excess of the total Agreemen t Rate as prescribed in thi s Agreement for th e classification in which such employee is engaged which appl ied immediately prior to the date of operation of this variation: Pro vided that th is definition shall exclude overtime, sh ift allowances, penalty ra tes. ex pense related allowances, in dustry allowance, d is abi li ty allowances, vacation a llowances. special rates or allowances, re sponsih il ity allowances. or any other ancillary payments of a like na ture described by th is Agreemen t. No te 3 The percentage relativities column relates to percentages apply ing before the appl icat ion of the $8.00 arbi trated safety net adjustment made in accordance wi th th e February 1994 Review of Wage Fixing Principles. The percentage relativit ies colu mn should also be appl ied by ex cl uding amounts shown in the 'Addi ti onal Payment' column in any calculations of relati vities. No employee shall suffer a reduction of t hei r wage rate as a result of t he implementation of the new wa ge rate strncture. Howe ve r, employees who are currently receiving in excess of th e total amount pres cribed in this clause will be safe guarded at their pre-exis ti ng rate until such time as the total ra te of pay expressed for th at wa ge le vel is equal to or in exc.ess of the safe guarded position .". Da ted th is twemieth day of December, 1994 . By t he Com mission. {LS. ] R.H. BLUMSOM, Assistant Industr ia l Re gistrar. Operative Date: 20 December 1994 Variat ion ·- Re classification Released: 12 January 1995 -- 1 of 1 --