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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 Retailers' Association of Queensland Limited, Union of Employers and Others [1994] QIRC 268 (1994) 146 QGIG 326

Case law · Queensland · 1994
326 QUEENSLAND GOVERNMENT 1NDUSTRIAL GAZETTE [3 June, 1994 #################################################### QUEENSLAND INDUST RI AL RELATIONS COMMISSION Industrial Relations Act 1990 s. 131 - applicati on for variation A ust ral ian Municipal, Ad ministra ti ve, Clerica l and Services Un ion, Central and So uthern Queensland Clerical and Adm ini stra ti ve Branch, Union of Emp loyees and the Fede rated Clerks' Union of A us trali a, No rth Queensl and Branch, Union of Emp loyees AND Re t ai lers' Association of Qu eensland Li mited, Union of Employers and Others (No . 8721 of 1993) RETAIL IND USTRY INTERIM AWARD - STATE COMMISSIONER BLOOMFIELD 10 May 1994 VARIATION T HIS matter com i ng on for hearing befo re the Comm iss ion at Brisbane on 10 May 1994, this Commission doth order that the said Awa rd be varied as fol lo ws as from the sixth day of June, 199 4: - 1. In su bclause (3) "Clerks Class ification Structure" of clause 3.2 (Classifi ca tion Structures) - (a) by deleting provision (d) "Translation"; (b) by ren umberi ng provision (c) "Classification Level s" as prov ision (d); and (c) by inserting a new provi sion (c) "Re class ification Cri teria" as follo ws :- "(c) Reclassification Criteria - In t he even t that there is a claim for reclassificat ion by an employee to a higher level un der this structure on the ground that the employee's duties and responsibilities are reflected withi n the classificat i on criteria for that level, the Award disputes avoidance procedu re (clause 2.4) shal l be followed.". 2. In subcla us e (1) of cl ause 3.4 (Wages), by del et ing the wages, note and N.B. under the hea ding "Clerks" an d inserting the fol low ing in lieu thereof:- "Clerks (a) Adults The rates of pay for adult employees per week in the Southern Division (Eastern District) shall be as fol lows :- Clctssificati on Adu lt Service Ba se Rate Supple- Av.rard Ralt? Level and Increment menta ,y as from Relativity \<Vith in level Paym en1 6/6/94 Per Week Per Week Pe, Week $ s s (Note 3l (Note 2> (Note 1) Level 1 88% 1st year of service 321.40 53.70 375.1 0 90% 2nd year of service 328. 70 54.80 383.50 92 % 3rd year of se rvice 336.00 55.80 391.80 94% 4th year of serv ice 343.30 56.90 400.20 Level Z 96% 1st year of service 350.60 57.90 408.50 98% 2nd year of service 357.90 59.00 416.90 100% 3rd year of service 365.20 60.00 4 25 .20 Level 3 107% 1st year of service 390.80 63.60 454.40 110% 2n d year of service 401 .70 65.20 466.90 '( l . 3 June, 1994) QUEENSLAND GOVERNMENT 1ND USTRIAL GAZETTE Cld.ssificat 1on Adult Service Base Ra1e Supple- Award Rate level and Increment menta,y as from ReJativjty W11hin Lev~! Payment 6/6/94 Per Week Per \i\'eek Per Week (Note 3/ $ s s ( Note 2) (NOie 1) Le vel 4 112% 1st year of service 409.00 66.30 475.30 115% 2nd year of service 420.00 67.80 487.80 Le v el S 122% 1st year of service 445 50 7 1.50 517.00 125% 2nd year of serv ice 456.50 73.00 529.50 (b) Pay Points - Adult Employees Only . (iJ Each level of t he _s tructure contai ns varying pay points wh,ch prov ide for automatic yearly servtce increments w ithin a leve l. (ii) Appoin tment to a higher level is to occur where an em pl oyee is requ ired to perform duties and skills at such a higher level ,n accordance with the classi ficati on cri teria. . An _e mp loyee may progress to a higher l eve l in accordance wit h _th is subclause wi thout having prog ressed through all paypoin ts within a lesser level. (c) Years of Service Years of _serv i ce shall m ean years of service of a clerical employee w1t h 1n t he classificat io n level in t he industry as a whole incl uding years of serv ice w ith the employer: Provided th at previous adult service in the industry prior to 30 August 1993 has no applicat i on under t he new award structure except for the purpose of determining pay points within Leve l 1. (d) Savings N_o employee employed _by the employer prior to 30 August 1993 1s to_ suffer any reduction 1n ordinary time earnings as a re sult of th is new Awa rd. . (e) It is ag reed t ha t any Award i nc re ases may be absorbed until su ch time as the actu al ra te of pay reflects t he applicable Aw ard _, ate of pay. Absorption does not apply to En terpri se Ba rga1n 1ng Agreement incr eases awarded by the Queensland Industrial Relat,ons Commission.". Dated this tenth da y of May, 1994. By the Commission, [L.S.] M .J. CALLEN, Industri al Registrar. Operat ive Date: 6 June 1994 Variation - $8 Safe ty Net Adjustment Re l eased: 23 May 1994 ####### ## ##### ################### ################### 327 -- 1 of 1 --