Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees and the Federated Clerks' Union of Australia, North Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers and Others [1994] QIRC 258 (1994) 146 QGIG 317

316 QUEENS L AND GOVE RNMENT INDUSTRIAL GAZETTE [3 June, 1994 :1 June, 1994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 317 ''{d) Accountants and Gradua1es employed by Certified Practising Accounting firms and employees working for a Certified Pra ctising Accounting i,rm who are undertaking tertiary study approved by the relevant Accounting Bodies as prerequ,s,te study towards gaining admission ,nto the Au stralian Society of Ccrtif,ed Practising Accountants or the Institute of Chartered Accountants.". 2. In clause 3.2 (Classification Definitions) - (a) by rfmu mbering subclause (l) as provision (a) of subclause (1); (b) by adding a new provision (b) "Reclassification Criteria" to subclause (1) as fol lows:- "( bJ Re classif,cation Criteria In the event that there is a claim for reclassifica1ion by an employee 10 a higher level under this s1ructure on the ground that the employee's duties and responsibilities are reflec ted within the classification criteria for that level, the Award disputes avoidance procedure (clause 2.4) shall be followed ."; and (c) by deleting subclause (3) "Translation". 3. In clause 3.4 (Wages) - (a) by deleting subclause (1) "Adults" and inserting the following in lieu thereof:- "J. 4 Wages (1) Adults The rates of pay for adult employees per week in th e Southern Divis ion (Eastern Distric t) shall be as follows - Clcl~~1fica11on lCi'v(>I Jnd Relauvif'i, Leve/ J A<loll Service Baw Ra1e l ncu?n1en1 W1thm l ('v~I PN We-f~k s 1st year of service 3 21.40 Suppl e~ AwJrd Rmf' meotdfy as horn PaymPnl 6/6/94 Per We('k Per Wee-k s s (No1e 21 f"-Jott' lj 53.70 375.10 88% 90% #################################################### 92% 2nd year of service 328.70 3rd year of service 336.00 54 80 383 50 55 80 39180 QUEE'-lSLAND INDUSTRIA i. RELAIIONS COMMISSION Industrial Relations Ac! 1990 s. 131 - application for variation Australian Municipal, Administrative, Clerical and Services Un ion, Central and Southern Queensland Clerical and Adm1nistra1ive Branch, Union oi Employees and the Federated Clerks' Union of Australia, North Queensland Branch, Union of Employees AND Queensland Confederation of Industry Limited, Union of Employers and Others /No. 8716 of 1993) CLERICAL EMPLOYEES AWARD - SlATE COMMISSIO NfR BLOOMFIELD 10 May 1994 VARIAT ION THIS matter coming on for hearing before the Commission at Brisbane on 10 May 199 4, this Commission doth order th at the said Award be varied as follows as from the s,xth day of June, 1994:- L In subclause (1) "Total Exem ption' oi clause 1.2 (Award Coverage) - (a) by renumbering provisions (dl and (e) as provisions (e) and (f} respectively; an d (b) by inserting a new provision (d) as follows:- 94% l evel 2 96% 98% 100% level 3 107% 110% level 4 11 2¾ 115% Level 5 122% 125 % 4th year of service 343.30 56.90 1st year of service 350.60 57.90 2nd year of service 35 7. 90 59.00 3rd year of service 365.20 6000 1St year of service 390.80 63.60 2nd year of service 401. 70 65 20 1st year of service 409.00 2nd year of service 420.00 66.30 67 80 1st year of se ,vice 445. 50 71.50 2nd year of service 456.50 73.00 400.20 408.50 416 .90 425.20 454.40 466 .90 475.30 487.80 5 17.00 529.50 Note 1 ·rhe Award Rate includ es wage increases and adjustments arising from State Wage Case decisions col loquiafly referred to as: 2nd Tier Ad1ustment; 1st (2 parts) and 2nd Structural Efficiency Adjustments; Mimmum Rates Ad j ustment and $8.00 Safety Net Adjustment. Note 2 The Supplementary payment at each classification level includes an $8.00 adjustment re flecting the application of the arbitrated safety net adjustment principle enunciated in the February 1994 Review of Wage Fixing Principles. Consistent with the requirements of 1hat principle the $8.00 safety net adjustment 1s absorbable to the extent of any equivalent amount in ra tes of pay - whether overaward, award, industriai agreement or certified agreement - in excess of the minimum rates (base i" -- 1 of 2 -- 318 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE and rate and supplementary payment) prescribed in accorda nce with the October 1989 State Wage Case deci sion and ad ju sted in accordance with the Ju ly 1991 State Wage Case decision. 'Overaward' Payment is defined as the amount in rates of pa y whic h an employee would receive in excess of the mi n im um award wage as prescribed in this Award for the cl assi fi ca ti on m wh ich such employee is engaged which applied imm ediately pr ior to the date of operation of this va riat ion: Provided tha t this defin ition shall exclude overtime, shi ft al lowances, pen al ty rates, expense rel ated allowances , vacat i on allowances, speci al ra te s or al lowances, responsibility al lowan ces, or any o th er ancillary paymen ts of a l ik e nature describ ed by this Award. Note 3 The pe rcent age relati vi ti es co lumn rela tes to percen t ages applying before the application of the $8.00 arbitrated safety net adjustment made in accordance wit h the February 1994 Rev iew of Wage Fi xing Principl es. The percentage relativi ti es are based on a b ase r ate an d supplementary payment tota l lin g $417.20 per week ."; (b) by ren um bering subclause (2) "Jun io rs" as subclau se (5 ); (c) by in sert i ng new su bclauses (2) "Pay Poi n ts - Adult Employees Only", (3) "Years of Serv ice" an d ( 4) "S avings" as follow s:- " (2) Pa\' Points - Adult Employees Only (a) Each level of the structure contains varying pay points which provide for automatic yearly service inc re ments w ithin a l eve l. (b) Appointm en t to a higher level is to occur where an employee is requi red to perform duties and sk ill s at such a higher level in accordance with the class i fication cri teri a. An employ ee may progress to a higher level in accordance with thi s subcl ause wi thout having progressed throu gh all paypoints within a l esse r level. (3) Years of Service Yea rs of service sha ll mean years of service of a clerical employ ee with in the class ification l evel in t he industry as a whole including years of service w i th the employer: Provided that prev io us adult service in the industry pri or to 1 March 1993 has no application under the new award st ructure except for the purpose of determi ning pay points w ithin Level 1. (4) Savings No employee empl oyed by the emp loy er prior to 1 March 1993 is to suffer any red uct io n in ordinary time earnings as a resu lt of this new Award.". 4. By de leting Schedule C. 5. By deleting Schedule D. 6. By deleting Append ix 1 . Dated this tenth day of May, 1994. By the Commission, (LS.] M .J. CALLEN, Industrial Registrar. Operative Date: 6 June 1994 Vari at ion - $8 Safety Net Adjustment Re lea sed : 23 May 1994 (3 June , 1994 3 June, 1994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 319 -- 2 of 2 --