Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v The Great Australian Pie Company Pty Ltd [1994] QIRC 492 (1994) 147 QGIG 425

424 QUEENSLAND GOV ERNMENT INDUSTRIAL GA ZET TE [23 September, 1994 23 September, 1994) QUEENSLAND GO VERNMENT INDUSTRIAL GAZET TE 425 ####################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 13 1 - application for variation Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND The Great Australian Pie Company Pty. Ltd. (No. R51-3 of 1990) T HE GREAT AUSTRALIA N PIE COMPA NY PTV . LTD . INDUSTRIAL AGREEM ENT COMMISSIONER EDWARDS VARI ATION 11 August 1994 THIS matter coming on for hearing before the Commission at Brisbane on 11 August 1994, this Commission doth order that the said Industrial Agreement be varied as follows as from the e leventh day of August, 1994:- 1. By deleting clause 3 (Definitions) and inserting the following in lieu thereof:- "Definitions 3.( I) level I : 78% Relativity to Trade An employee at this level:- Works under direct supervision at an entry leve l not beyond the du ties of tipping for a probationary period of not more than three months. -- 1 of 3 -- 426 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [23 September, 1994 23 September, 1994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 427 (2) Level 2: 82% Relativity to Trade An employee at this level:- (i) Works under direct supervision either individually or in a team environment. (ii) Understand and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults. (iii) Understands and utilises basic statistical process control procedures. (b) Indicative of the tasks which an employee of this level may perform are the following:- (i) Preparing cake tins and trays; (4)(a) Level 4: 88% Relativity to Trade An employee at this level performs work above and beyond the skills of Level 3 and to the level of his/her training. (i) Works from complex instructions and procedures; (ii) Assists in the provision of on-the-job training to a limited degree; (iii) Co-ordinates work in a team environment or works individually under general supervision; (iv) Is responsible for assuring the quality of their own work. (b) Indicative of the tasks which an employee of this level may perform are the following:- Operation of one of the following machines (6)(a) Level 6: 100% Trade Level An employee at this level holds a Trade Certificate or equivalent qualification. An employee at this level works above and beyond an employee at Level 5 and to the level of his/her training. (i) Understands and applies quality control techniques. (ii) Exercises good interpersonal and communication skills. (iii) Exercises discretion within the scope of this grade. (iv) Performs non-trades work incidental to his/her work. (b) Indicative of the tasks which an employee at this level may perform are the following:- (i) Prepare batches of cakes, cookies, doughnuts, etc. (ii) Dipping lamingtons; (ii) Prepare batches of doughs for pastry. • Pie machine; (iii) Cooking/decorating doughnuts, buns, etc; (iii) Operate ovens for cake and cookie products. (iv) Icing and cutting cake slabs, etc; (v) Decorate tortes and gateaux; (vi) Forming pie bottoms, apply pie tops, racking finished products; (vii) Loading pastry blocks on trays; (viii) Packing frozen product: biscuits, cakes, tortes, pies, sausage rolls, etc; (ix) Cleaning machinery/general cleaning/washing utensils; (x) Receive, maintain and despatch goods. (3) (a) Level 3. 84% Relativity to Trade An employee at this level performs work above and beyond the skills of an employee at Level 2 and to the level of his/her training which has a maximum period of three months. (i) Is responsible for the quality of his/her own work subject to routine supervision. (ii) Works under routine supervision either individually or in a team environment. (iii) Exercises discretion within his/her level of skills and training. (b) Indicative of the tasks which an employee at this level may perform are the following:- Operation of one of the following machines:- • Pie machine; • Sausage roll machine; • Meat cooking and cooling equipment; • Ovens for baking pastry products; • Sausage roll machine; • Third stage of u-line pastry machine to produce pie bottoms, shortbread, etc; • Ovens; • Meat cooking and cooling equipment; • Receive, maintain and despatch goods while regularly using a forklift. (5)(a) Level 5: 92% Relativity to Trade An employee at this level performs work above and beyond the skills of Level 4 and to the level of his/her training. (i) Works from complex instructions and procedures; (ii) Assists in the provisions of on-the-job training to a limited degree; (iii) Co-ordinates work in a team environment or works individually under general supervision; (iv) Is responsible for assuring the quality of their own work. (b) Indicative of the tasks which an employee of this level may perform are the following:- Operation of three machines or the three stages of the u-line:- • Pie machine; • Sausage roll machine; • All three stages of u-line pastry machine to produce puff pastry; • Ovens; • Meat cooking and cooling equipment; (7)(a) Level 7: 105% Relativity to Trade An employee at this level holds a Trade Certificate or equivalent qualification. An employee at this level woks above and beyond an employee at Level 6. (b) Indicative of the tasks which an employee at this level may perform are the following:- (i) ls responsible for the co-ordination of other employees' work. (ii) Is responsible for ensuring other employees are working to acceptable company standards. (iii) Ability to operate all machines in his/her section. (8) 'Union' shall mean the Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees. (9) 'Employee' shall mean The Great Australian Pie Company Pty Ltd. (10) ·Part-time Employee' shall mean an employee not being a casual who is engaged as such pursuant to clause 6 of this Agreement.". 2. By deleting subclause ( 1)(a) of clause 5 (Wages and Allowances) and inserting the following in lieu thereof:- "\Vages and Allowances 5.( 1) The minimum rates of wages payable to the following classifications of employees shall be as follows:- (a) Adults - Supplementary Award Rate Base Rate Payment as at l l /8/94 Classification and Relativity Per Week Per Week Per Week $ $ $ (Note 3) (Note 2) (Note 1) Baking Industry Employee Level 1 (78.0%) 284.80 48.60 333.40 Baking Industry Employee Level 2 (82 0%) 299.50 50.60 350.10 Baking Industry Employee Level 3 (84.0%) 306.80 51.60 358.40 Baking Industry Employee Level 4 (88.0%) 321.40 53.70 375.10 Baking Industry Employee Level 5 (92.0%) 336.00 55.80 39180 Baking Industry Employee Level 6 (100.0%) 365.20 60.00 425.20 Baking Industry Employee Level 7 (105.0%) 383.50 62.60 446. 10 Note I: The Award Rate includes wage increases and adjustments arising from State Wage Case decisions colloquially referred to as: 2nd Tier Adjustment; 1st (2 parts) and 2nd Structural Efficiency Adjustments; Minimum Rates Adjustment and $8 Safety Net Adjustment. Note 2: 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 (with the exception of those rates arrived as at a result of certain employers' commitments to preserved earnings at the introduction of this Award), award, industrial agreement or certified agreement - in excess of the mm1mum rates (base/classification 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 employee would receive in excess of the minimum award wage as prescribed in this Industrial Agreement 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 allowances, disability allowances, vacation allowances, special rates or allowances, responsibility allowances, or any other ancillary payments of a like nature described by this Industrial Agreement. Note 3: 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. The percentage relativities are based on a base rate and supplementary payment totalling $417.20 per week". -- 2 of 3 -- 428 QUEENSLAND GOVERNMENT £NDUSTRIAL GAZETTE r23 September, 199 4 Dated this eleventh day of August, 19 94. By the Commission, [L.S.) M.J. CALLEN, Industrial Registrar. Operative Date: 11 August 1994 Variation - Classification Structure and Minimum Rates Adjustment Released: 14 September 1994 ####################################################### 23 September, 1994] QUEENS LA ND GOVERNMENT INDUSTRIAL GAZETTE 429 149481-32 -- 3 of 3 --