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Federated Engine Drivers' and Firemens' Association of Australasia Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers [1994] QIRC 693 (1995) 148 QGIG 258

Case law · Queensland · 1994
258 QUEENSLAND GOVER N MENT INDUSTRIAL GAZETTE (27 January, 1995 ###########################################11########### QUEENSLAND INDUSTRJAL RELATIONS COMMISSION !ndusrrial Relations Ace 1990 s. 144 - application for variation Federated Engine Drivers· and Firemens ' Association of Australasia Queensland Branch, Union of Employees AND Queensland Confederation of Industry Limited, Union of Employers (Nos. Rl -2D and R4-2C of 1989 and 8755 of 1993) ENGINEERING AWARD - STATE COMMIS SIONE R NUTTER 16 December 1994 VARJATION TH ESE matters coming on for further hearing before the Commission at Brisbane on 16 Decembe r 1994, this Com mi ssion do th order that the said Award be varied as follows as from I 6 December, 1994:- 1. By adding a new Schedule to the Arrangement of Award as follows:- "Subjec1 Matte r Clau se No. Engine Drivers - Cairns, Townsville and Mackay Port Aut horit i es .. ... . .. . .. .. . .. ...... .. ........ .. ..... ........... .. ......... 2 I". 2. By inserting a new Schedule 21 as follows: "Sc hedule 21 I. Wages Em ployees shall be paid the following rates of pay in accordance wi th the level 10 which they are enti tled by virtue of the translation schedu le contained in c lause 2. Cl assi fi cat io n and Minimum Supp lem entary Award Rate Rclati\·ity Classification Payment P er \\'<"d Ra1e Per Week s Per Week s $ (1'ote 3) (Note 2} (Nole I) Port Employee Grade I .. 32 8.70 54.80 383 .50 90% Port Employee Grade 2 - 33 7. 80 56 .IO )9).90 925% Port Employee Grade 3 - 3 46. 90 57.40 404.30 95% Port Em pl oyee Grade 4 - 356 . 10 58.70 414 .80 97.5% Po rt bnp loycc Grade 5 - 365.20 6-0.00 425.20 100% Port E mployee Grade 6 - 38 3 50 62.60 446.10 105% Note I The Award Rate includes wage increases and adjustments arising from State Wage Case decisions colloquially referred to as: 2nd Tier AdjustmenL; I st (2 parts) and 2nd Structural Efficiency Adjustments; Minimum Rates Adjustment and $8.00 Safely Net Adj ustmen t. Note 2 The supplementary payment at each classification level inc ludes an $8.00 adjustment reflecting the application of the arbitrated safety net adjustment principle enunciated in the February 1994 Review of Wage Fixi ng Principles. Consist ent with the requirements of tha t princi ple the $8 .00 sa fety net adjustment is absorbable to the extent of any equivalent amount in rates of pay - whether overaward, award, industrial agreement or cerli fled agreement - in excess of the minimum rates (base rate and supplementary payment) prescribed in accordance with the October 1989 State Wage Case decision and adjusted in accordance with the July 1991 State Wage Case decision. 'Overaward ' Payment is defined as the amount in rates of pay which an emp loyee would receive in excess of the minimum award wage as prescribed in this A ward for the classification in which such employee is engaged which applied immediately prior to the date of operation of this variation: Provided that this definition shall exclude overtime, shift allowances, penalty rates. expense related allowances, industry a ll owances, disability allowances, vacation allowances, spe cia l rates or allowances, responsibility allowances or any other anc illary payments of a l ike nature pre scrib ed by this Award. No te 3 The percentage relativities relate to percentages applying before the app lication of the $8.00 arbitrated safety net adjustment made in accordance with the February 1994 Review of Wage Fixing Principles. The percentage relativities are based on a base rate and supplementary payment totalling $417.20 per week. 2. Translation Arrangements •- Com parative Schedule of Old Classifications and new Broad Banded Wage Levels - Southern Divisi on Eastern District. Po rt Pon Port Port Employee Employee Emp loyee Employee. Gr ade I Gr ade 2 Grnde 3 Gr ade 4 Tri mmer Forklift Opcra1or of Firern an/ to 10 Tow M o101 Grease r Tonnes Serv iceman Forkli ft over 10 To nnes St iff Leg Lu ffi ng Crane Dated this sixteenth day of December, 1994. By the Commission, [L.S .J R.H . BLUMSOM, Assistant Industrial Registrar. Operative Date: 16 December 1994 Variation - New Schedule Released: 12 January 1995 Pon Empl oy~ Gude 5 Back hoe Operatof Opera;ors o f Mobile: Crane Dredge type bucket crane Gr ad.:1 Mechanical Equipment Opt1a1or Front-end Loade ; Grabe. Dredge'. Pon Employee Grad• 6 Operato r o f Luffing Crane l3791_LDOC 27 January, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 259 13791_1.DOC -- 1 of 1 --