Automotive, Metals and Engineering Industrial Union of Employees, Queensland v The Electrical Trades Union of Employees of Australia, Queensland Branch [1994] QIRC 466 (1994) 147 QGIG 211

21() QUEE NSLAND GOVERNMENT INDUS TRIAL GAZETTE [2 September, 1994 2 September, 1994] Q UE ENSLAND GOVERNM ENT INDUSTRI AL GAZETTE 211 ####################################################### QUEENSLAND INDUSTRIAL RE LA TIONS COM MISSION Industrial Relations Act 1990 s. 132 - app li cation for variation Automotive, Metals and Engineering Industrial Union of Employees, Queensland (No 8758 of 1993} AND The Electrical Trades Union of Emp loyees of Australia, Queensland Branch (No. B795 of 1993 and B17 of /994) AND Copper Refineries Pty. Ltd . COPPER REFI NERIES PTY. LTD . - TOWN SV IL LE - WAGES IND USTR IAL AGREEMENT COMMISSIONER BLOO MFI ELD 11 April I 994 VARIATION These matters coming on for hearing before the Commission at Bri sbane on 11 April 1994, this Commission doth order that the said Indus tri al Agreement be varied as follows as from the second day of May, 1994: - By deleting subclause (2) "Wage Rates" of clause 2 (C lassifications and Wage Rates) and insert ing the following in lieu thereof:- "(2)Wage Rmes - The minimum weekly rates of wages payable to the following classes of employees shall be: - Classifica ti on Level Re lativity % (Note 3) 13 ··· ········· · ·· ······ ·········· ··· ... 145 12 .. ··· ········•·········• ... 130 11 ............ ·· ········ ·· ··· ·· ·· ·· .... 125 10 .. .. ..... ······ ············ ... .. ... 120 9 ... .. ....... ........ ·· ··· 11 5 8 .. .. .... ... ... ......... l 10 7 .. ... ··· ··· ··············· 10 5 6. . ... .. . ... .......... ... 100 5 ... ····· ······•···· ·· .. ... 96.5 4 ·· •·· ··• ···· ····••····· .... ·· ··· ·•·• 93.5 3 .... ····· .. ····· ·· . .... ...•... 89.5 2 .... ... 85.S ... ·· ·· ····· ·········· ...... 81 .5 Base Ra te Pe, Week $ (Note 4) 530 .55 475 . 85 45 1.55 4 39.25 421.05 402. 75 384.55 36 6.25 353.45 342 . 55 32 7.95 313 .25 298.65 Agreeme.nt Rate Supplementary as fro m Payment 2/ 5/94 Per Weck Per Weck $ $ (Note 2) (Note I} 83.40 613.95 75 .60 55 1.45 73.00 530 .55 70.40 509.65 67 .80 488.85 65 .20 467.95 62 .60 447.15 60.00 426.25 58 .20 411.65 56 .60 39 9. 15 54 .50 382.45 52.50 365.75 50.40 349.05 No te I The Agreement Rate includes wage increases and adjustments arising fro m State Wage Case decisions colloquially referred to as: 2nd Tier Adjustment; Ist (2 parts) and 2nd Structural Efficiency Adjustments: Minimum Rates Adj ustment and $8.00 Safety Net Adj usunent No te 2 The supplementary payment at each classification level includes an S&.00 adjustment reflecting the application of the arbitrated Safety Net Adjustment Principle enunciated in th e February 199 4 Review of Wage Fix ing Principles. Consistent with the requirements of that princ ipl e the .$8 .00 Safety Net Adjustment is absorbab le to the extent of any equivalent amount in rates of pay - whether overaward, award, industrial agreement or certi fied agreement - in excess of the minimum rates (base rate and supplementary payment) prescribed in accordance with the October 1989 State Wage Case decis ion and adjusted in accordance with the July 199 1 State Wage Case decision. In this instance, the absorption principle has been applied to the overaward payment which includes, among other amounts, pre-existing service increments and experience payments. 'Overaward' Payment is defined as the amount in rates of pay which au employee wou ld receive in excess of the minimum award wage as prescribed in this Agreement for the classifi ca tion in which such emp loyee is engaged which applied immediately prior lo the date of operation of thi s variation: Provided that this definition shall exclude overt ime , shift allowances, pena lty rates, expense re lated 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 Agreement. Note 3 The percentage relativities column relates to percentages applying before the appl ication of the $ 1.05 divisional al lo wance and the $8.00 arbitrated safety net adjustment made in accordance wi th the February 1994 Re view of Wage Fixing Principles. The percentage relativities are based on a base rate and supplementary payment totalling $4 17.20 per week. Note 4 TI1e base rate at each class ification level includes the $1 .05 divisional allowance.". Dated this eleventh day of April, 1994. By the Commission, (LS.] MJ . CALLEN , Ind ustrial Registrar. Operative Date: 2 May I 99 4 Variation - $8.00 Safety Net Adjustment Released: 22 August 1994 - -- 1 of 1 --