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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 261 (1994) 146 QGIG 320

Case law · Queensland · 1994
32 0 QU EE NSLAND GOVERNMENT INDUSTRIAL GAZETTE [3 June, 1994 ###### # ############################## #### ## ######## # Q U ~ENS LAND INDUSTRIAL RELATIONS COMMISSION l11duseria/ Rclauons Ac t 1990 s. 131 - application for variati on Australian Mun icipal , Admin istrati ve, Clerical and Servi ces Union, Central and Southern Queensland Clerical and Admin istrative Branch, Unio n of Employees and the ~ederated Clerks' Union of .t1ustralia, North Q u eens land Branch, Un ion of Employees AND Queensland Confederation oi Indust ry Limi ted, Un ion of Emp loyers and Others (No 8720 of 1993) THE CR EDIT U NI ONS ' ADM IN ISTRATI VE AN D CL ERICAL OFFI C ERS' AWARD - STAlE COMMISSIONER BLOOM! l[LD 10 May 1994 VA RI ATION 1 HIS matter commg on for heari ng before the Commission at Brisbane on 10 May 1994, this Commission doth order that the said Awa rd be varied as fol lows as irom the sixteen th day of May , 1994:- 1. By deleting clause 6 (Salaries - Classiiietl Positions) and insert,ng the following ,n lieu thereof:- "Salaries - Classi fied Posi ti ons 6. The minimum sa lari es payable to the followi ng positions in the So uthern D1v1sio n Eastern District shall be:- Position Counsellor, GrJde t Counsellor. Grade II Coun1~llor, Grad~ HI . . Oevelopmen1 Office,, G1,l<k I Development Officer, Grad<' II Development Officer, Grade Ill Sen i or Counsellor, Grade I Sen i or Cot1nst•llor, Grade II Accounting Superv,~or, Gr(1ciP I Accounting Supervisor, Grad<> II Accounting Supervisor, Grade Ill lntt>t1m Mi!llnlUJn Oa:i--, if, 4 c.u,on R.'llr> P~• f 011n,gh1 s %UO t,012.70 1,051.~0 879.10 898.70 906.80 1,071.40 1,09i.50 %UO 1,007.70 1.051.50 Interim Suwle- mPniM·, Payment P1:>1 r om,,gh! s (Nolt> 2i 16.0U 16.00 16.00 16.00 l b.00 16.00 lf, .00 lo .OU 1&.00 16.00 16.00 Award Rate ,is fiom H,/5/<N Per FQrtnighl :; (NOtf' 1) 97').30 i,021\.70 1,()(,7.:,0 895.10 ')14 .70 <,:,2.tm 1,0B7. 4D 1,107.50 979.10 1,023.70 1,0b7.50 For sa lary determination purposes, Classified Officers, w it h the exception of Development Officers, sha l l co mm ence as Grade I Otficers and progress to the next highest grade, annual ly subject to the satisfactory complet,on of each year of service Note 1 Note 2 The Award Rate inclutles wage increases and adjustments arising from State Wage Case decisions col loqu ially referred to as: 2nd Tier Adjustment; 1st (2 parts) and 2nd Structural Efficiency Adjustment s; and $16.00 per tonn,ght Satety Net Adjustmen t. The Supplementary payment at each class ii i ca tion level ret!ects the $16.00 per fortnight arbitrated sa fety net adjustment prin cip le enunciated m the February 1994 Review of Wage Fixing Princip_les. Consistent w i th the requi rements of that prin ciple the safety net adjustment is absorbable. to the exten t of any equivalent am ount in rates ot pay - whether overaward, award, indu st rial agreement or certified agreement - in excess of the min imum rates (classification rate and supplementary paymen t} prescrib ed in accordance w i th the October 1989 State Wage Case decision and adjusted i n accordan ce with the Ju ly 1991 State Wage Case decision. 'Ove rawa rd' Payment is defined as the amount in rates of pay which an employee wou ld receive m excess of the minimum award wage as prescribed in this Award ior the classification in whic h such employee 1s engaged which applied immediately prior to the date of operation of this variation: Provided that this definition sha ll exclude overtime, shift allowances, penalty rates, expense related al lowances , vacation al lowances, special rates or allowances, responsi bility al lowances, or any other ancillary paymen ts of a I i ke nature described by this Awa rd.". 2. By deleting provis io ns (a) and (b) of su bclause (1) of clause 7 (Salaries and Allowances} and inserting the tol low ing in lieu thereof:- "Salaries and Allowanc es Clerks and Clerk-Typists 7.(1)(aJ 1 he following scale of minimum sa l aries sha ll apply 10 Clerks and Clerk-TyJ)is ts in the Southern Div i sion Eastern District:- During probation or 1st year' s lnternn Minimum Classif,- ca tmn R;;1h,• P<tr ~or1n1gh1 \ service . 412.00 During 2nd year's service 476.60 During 3rd year's service 531. 90 Dur ing 4th year's service 58 4 80 During 5th year's se,v1ce 635.50 During 6th year's service 765.30 During 7th year's service 794.40 During 8th year's se,vice 813.30 During 9th year's service 83240 During 10th year's service 852. 20 During 11 th year's serv ice 871 . 10 During 12th year's serv ice 890 70 Salary - Age Z I Years ln1ewn Supplo- ment..i,v P,w1ne,)1 'pf'( t-o-r1n1ght ; !NOi~ 2) 8.60 10.00 11.10 12.20 13.30 16.00 16.00 16.00 16.00 16.00 16.00 16.00 Awa,d f<:..tte ,lS from 16/5/<).; f'N fortnight > (Note ll 420 .60 486.60 543.00 597 00 648 80 781 .30 81040 829 30 84840 868 20 887.10 906. 70 (b) Every clerk shall, upon attaining the age oi 21 yea r s, be paid a basic sala ry of S 781 .30per fortnight an d such clerk shall not, except upon promotion or where otherwise prescribed, be entitl ed to receive a sa lary greater than $ 781.J0per fortnigh l uni,1 such clerk would otherwise have been entitl e<.! so to do under the prescribed scale: Provided that any clerk w ho has been 1n receipt oi such basic sa lary for a period ot at l east one (1) year shall not be required to remain on that salary until such clerk is eligible for ·) 3 June, I 994] QUEENSLAND GOVERNMENT IN DU STRIAL GAZETTE higher salary by reason of length of serv ice but shal! be regard ed for the purp ose ot further salarv i ncrea se s as a clerk but for no other purpo se, as having completed six (6) years of ser'v i ce . No te 1 Note 2 Th e Aw ard Rate incl udes wage inc r eases and adjus_tments arising from State Wage Case d ec isi on s co l loquial ly re fe rred to as: 2nd Tier Adjustment; 1st (2 part s) and 2nd Struc tu ral Efficiency Adjustmen ts; an d $16.00 per fortn ight Safety Net Adju stm en t. The Supplem en tary pa yment at each classification level reflects the $16.00 pe r for tn ig ht arbi t ra ted safety nel adjustm en t principl e en unc iated in the Feb ruary 1994 Review of W age Fixing Pr i nc ipl es Consistent wi th the requi rements of that princ ip le the safety net adjustment is ab so rbable to the ex te nt of any eq uival ent amount in ra t es of pay - whe ther overaward, award, industrial ag reement or certified ag reement - in exces s of the mi nimum r at es (classification rate and su pplementary payment) prescribed in acco rdance with the October 1989 Sta te Wage Case dec is ion an d ad ju sted i n accor da n ce wit h the July 199 1 State Wage Case decision. 'Overaw ard ' Payment is de fi n ed as th e amoun t in rates of pay w hic h an employee wo uld r ec eive in exce ss of the mini mum award wage as prescribed i n this Award for the cl as sification in w hic h such employee is engaged w hich app lied immediately pr ior to the date oi operation of this variat ion: Provided t ha t this defin ition shal l excl ude overtime, shi ft all ow ances, penal ty rates, expen se r elated al lo wa nc es , vacat i on al lowances, speci al rates or all owances, responsib il i ty allowan ces, or any other an c il lary payments of a like nature described by this Awa rd. ". Dated i his ten th day of Ma y, 199 4. By the Co mm ission, [I 5 .) M .J CA LLE N, In dustrial Regist ra r. Operative Date: 16 M ay 199 4 Variation - $8 Safety Net Ad j ustm ent Rel ea se<.!: 23 Ma y 199 4 ###### ## #### ## # #### ### #### #### ### ##### #### # ## # ### ### 32 1 I: -- 1 of 1 --