Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Restaurant-Caterers' Association of Queensland and Others [1994] QIRC 371 (1994) 146 QGIG 737

736 QUEENSLAND GOVERNMENT [ND US TRJAL GAZETTE [22 July, I994 22 July, 199 4) QUEENSLAND GOVERNMENT INDUSTR IAL GAZETTE 737 ####################################################### QUEENSLAND INDUSTRIAL RELATIONS CO MMIS SION /11dus1rial Relmions Act /990 s. 144 - app li cation for va ri ation Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Emp loyees AND Res taurant-Caterers' Association ofQueensiand and Others (No. R/2 - lof/990) CAFE, RESTAURAN T Al\D CATER ING AWAllO SOt;TH- EASTERN DIVISION COM MISSION ER BOUGOURE 8 June 1994 VARJAT ION THIS matter com ing on for hearing before tJ1e Commission at Brisbane on 8 June 1994, thi s Commission doth order that the said Award be varied as follows as from th e eleventh day of Ju ly, I 994:- By deleting subclause (I) of clause 22 (Wages) and inserting the fo llowing in lieu thereof:- "Wages 22.(1) Subject to clause 21 A hereof the minimum rates of wages to be paid 10 the undem1e 111i oned levels of employees shall be as follows:- The new classifica ti on struct ure expresses the inter im total rate payable, be ing the combination of the b ase rate (including broadbandi ng adjustments), the first minimum rates adjustment a nd th e $8 .00 Safety Net Adjustment. such adjustment is to be absorbed in to ove raward p ay men ts where such payments are being made. Appen dix A attached to this Award lists amoun ts involved in broadband in g. such amou111s are to be absorbed to the extent of equ ivalent overawa rd payments. ·overaward Paymen t' si defined as the amoun t (whether it be te n ned 'overaward payment', ' attendance bonus·, ·serviu: in cremen t' or any tcnn whatsoever) wh ich an employee would rece ive in excess of the 'Award Wage ' wh ich app lie d im mediately prior to t he date of operation of any broad banding or mi nimum ra tes adjustment awarded by the Com miss ion for the classification in which the employee is engaged: Prov ided that such payment shall exclude overtime sh ift allowances, penalty ra tes, allowances, fares and travelling time allo\\'1tl1Ces and any other ancillary payment of a lik e nature prescri bed by thi s Award. The ul ti mate relativit ies for t he new class i fica tions are as fo ll ows :- Level Introduct ory 1 2 3 4 5 6 7 % 73 78 82 87.4 92.4 100 105 1 IO Food and Ki tchen Beverage Attendant 1 2 3 4 5 6 1 2 3 Co ok 2 The percentage relativities column rela te s to percentages applying before the appl ic ation of the S8.00 arb itrated safety net adjustment made in accordance with the February 1994. Review of Wage Fixing Prin ciples. Class ifica ti on Ki tchenman/ma id 2 Ba r Attendant 3 Dr ink Wai ter Waiter Recept ionist/Cash icr Cash ier Cook Singlehand Coo k Ot her Cook 4 Head Wa iter 5 Qual ilied Coo k 6 Second Cook Chef or Chief Cook Person s Nol Otherwise Provided For: I ntroductory Level Interim Base Rate (Inc. Broad -band ing) Per Week $ 325. 40 34 1. 00 341.00 34 1. 00 34 1. 00 341.00 341. 00 342 .1 0 34 1.00 343.30 370 .00 356 .20 364. 10 378.30 325.40 304.60 * I nt erim Supp. Payment Per Week s 8.00 8.60 8.60 8.60 8.60 8.60 8.60 8.00 8.60 18 .60 15.80 38 50 45.00 48 .30 115 0 8.00 "' • Excess Paymen t Pe r Week $ 8.50 2. 10 lrncnm Total \Vage Rate As At 1117194 Per Week $ 34 1. 90 349 60 349.60 349 60 349.60 349 .60 349 .60 352. 20 349.60 3() 1. 90 385 .80 394.70 409. 10 426 .60 336.90 312.60 The interim to tal wage ra te includes th e following wage increases: 1987 REP; 1st and 2nd 1989 SEP; 1991 SEA; 1st Min imum Rates Adjustment and th e $8 .00 Safety Net Adjustment. • The supplementary payment al each class if ication level includes an $8 .00 a dju sunent reflecting the application of the arbitrated safety net adjustment principle enunciated in t he February 1994. Review of Wage fix ing Principles. Consistent with the requi remen ts of that principle Lhe $8.00 safety net ad j us tm ent is absorba bl e lo the exten t of any equivalen t a moun t in rates of pay - whether overaward, award, industrial agreement or certified agreeme nt - in excess of the min im um rates (classifica ti on ra te and sup plem enta ry payment) prescr ibed in accordance with t he October 1989, Stale Wage Case decision and adjusted in accordance with the July 1991 , State Wage Case decision. .. /:.'.tcess Payme111 - In addition to the base rate, excess payments prescribed above are to paid for a ll purposes or the Award . Such excess payment shall not ha ve any subsequent percentag e based wage increase app lied to it. Such excess payment shall be p aid to a ll exis1ing and future employees.". -- 1 of 2 -- 738 QUEENSLAND GOVERNMENT rNDUSTRIAL GAZETTE Dated this eighth day of June, 1994. By the Commission, (LS.] M.J. CALLEN. Indu strial Regist rar. Operative Date: 11 July 1994 Variation - 2nd MRA Released: 13 July I994 ####################################################### 122 July, 1994 22 July, I 994 l QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 739 -- 2 of 2 --