Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers and Others [1994] QIRC 424 (1994) 146 QGIG 937

........ 936 QUEENS L AND GOVERNMENT INDUSTRIAL GAZETTE [12 Au gust, 1994 12 August, 1994 ) QUEEN SLAND GOVERNMENT INDUSTRIAL GA ZETTE 937 #####ll##llll###ll###l/#11################################### TO BE SUBSTITUTED FOR VARIATION PUBLISHED I N THE QGIG ON 20 M AY 1994 VOL. 146 NO. 3 P. 205 -6 QUEENSLAND INDUSTRIAL RELATIONS COM MISS ION Industrial Relat ions Act 1990 s. 131 - application for variation Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of E mp loyees AND Queensland Confederation of Industry Limited, Union of Employers and Others (No. 8642of/993) C HI LD CARE IND USTRY AWARD - STATE COMMISSIONER NUTTER 7 April 1994 VARlATION THIS matter coming on for hearing before the Commission at Brisbane on 7 Apri l 1994, this Commission doth order that the said Award be varied as follows as from the e leventh day of April, 199 4:- By deleti ng subclauses (I) and (2)(a) of clause 2.3 (Wage Rates) and inserting the following in lieu thereof:- "Wage Ra tes 2.3.(1) Wage Rates - Other Than Outside School Hours Care and Vacation Care - The minimum weekly rates of pay for employees in the Southern Division, Eastern District working in Other Than Outside Sc hool Hours Care and Vacation Care shall be as set out hereunder :- The new classification structure expresses the award rate payable, being the combination of the percentage base rate, the supplementary payment which includes the S8 safety net adjustment. The award rate includes all increases and adjustments arising as a result of the Second Tier, I st and 2nd structural efficiency payment and structural efficiency adjustment and Ist, 2nd, 3rd and 4th minimum rates adjustment. Interim Tomi Supple• Wage Rate Base menlary as at Rate Paymem • 11.4 .94 Per Week Per Week Per Week Classification $ $ s (lnquc,lified - Direc tor Year I 382. 70 83.50 466.20 Director Year 2 382. 70 93 .70 476 .40 Assistant Director 355 .80 69.40 425 .20 Group Leader Year I 348.60 44 .80 393.40 Group Leader Year 2 348.60 55.10 403 .70 Child Care Worker Year I 328.40 12 .20 340 .60 Chi ld Care Worker Year 2 328.40 22.50 350 .90 C hi ld Care Worker Year 3 328.40 32. 70 361.10 I Year Qualified ·· Director Year I 397 .60 78.80 476.40 Director Year 2 397 .60 89. 10 486 .70 Assistant Director 373.70 6 1. 70 435.40 Group Leader Year l 363.50 44.30 407 .80 Group Leade r Year 2 363 .50 54 .50 41 8.00 Ch il d Care Worker Year I 343 .30 19.40 362 .70 Child Care Worker Year 2 343.30 29 .60 372 .90 2 Yeur Qualified - Director Year I 397 .60 109.60 507.20 Director Year 2 397 .60 119 .80 517 .40 Di rector Year 3 397 .60 130 . 10 527 .7 0 Director Year 4 397 .60 140.30 537 .90 Assistant Direct or 373 .70 79.20 452.90 Group Leader Year I 363.50 61.70 425.20 Group Leader Year 2 363 .50 7 1.90 435.40 Child Care Worker Year I 343 .30 29 .60 3i2 .90 Ch ild Care Wo rke r Year 2 343.30 39.90 383.20 *The supplementary payment at each class ification includes an $8.00 adjustment reflecting the application of the arbitrated safety net adjustment principle enunciated in the February 1994 Review of Wage Fixing Principles. Consistent with the requiremen ts o f that Principle the $8.00 safety net adjustment is absorbable to the extent of any equivalent amount in rates of pay - whether overaward, award, industrial agreement or certified agreement - in excess of the minimum rates (classification rate and supplementary payment) prescribed in accordance with the October 1989 State Wage Case decision and adjusted in accordance with the July 1991 Sta te Wage Case decision. -- 1 of 2 -- 938 QUEENSLAND GOVE RNMENT lNDUSTRIAL GAZETTE ·overaward Paymen1' Overaward payment is defined as the amou nt in rates of pay which an employee wou ld receive in excess of the minimum award wage as prescribed in this /\ ward fi) r the classifica tion in which such emp loyee is engaged which applied immediately p ri or to the date of' operat ion of th is varia1ion: Provided tha t thi s definition shall exclude overt ime. shif\ allowances. pena lty rates. expense related allowances, industry allo wances. d isabi lity allowances. vacation allowances, spec ial rates or allowances. responsibility allowances, or any other anc ill ary payments of a like nat ure desc ri bed by this Award:· . (2)(a) Wage Rat es ·· Outside School I-lours Care and J'acation Care (a) The min im um rates of pay for em ployees in the Southern Divis ion. Eastern District work ing in Ou ts ide School l lou rs Ca re a nd Vacatio n Care sh all be as set nut hereunder:- Jnterim l otal Supple• Wage Rate Base 1n enta ry as at Ra te Payment • l 1.4 .94 Pe r Weck Per Weck Per Wed Classilicatio,i s s s U11qualffied - Co- Ord i na tol' 382 .70 83 .50 466.20 Assi srn,11 328.40 12.20 .1 40.60 / }·,·or (Ju al[fu•d · Co-Ordinator W7.60 78.80 4 76.40 Assistant 343 .30 19.40 362.70 ] l'rnr (juu/1/il'd • C o•Ordin ator 397.60 109.60 507 .20 Assi sL:111 1 343 ..10 29.60 :\72 .90 *The supplemen t,iry paymen t at each classi ficati on incl udes an $8.00 adj ust men t re flecting the ap plicat ion o f the arbitrated safoty net adju stment p ri nciple enunci ated in the February I 994 Review of Wage Fixing Principles. Cons istent with the requirements of 1hat Principle the $8.00 sa fety net adj ustment is absorbab le to the ex ten t of any equiva lent amoulll in rates of pay - whether ovcraward. award. industria l agreement or certified ag ree men t - in exce ss of the minimum rates (classi fi ca ti on rate and supp le mentary paymen t) prescribed in accnrdanc:c wi th the OcLO ber 19 89 State Wage Case d ecis ion and adjusted in :1c co rda nce with th~ Ju ly 1991 State Wage Case dec is ion. ·overaward Payment" Ovcraward payment is <.lt:fincd as the amou nl in rates o f pay \\h ich an e mployee wou ld receive in excess of the min imum award wage as pre scr ibed in th is /\ward for the class ifica1ion in which such emp loyee is engaged which applied immed iately prior to the date of opera tion of this va ri ation: Provid ed that Lhis defin ition sha ll exclude overt ime. s hili allowances. penalty rates. expe nse related a ll ()wances. industry a ll owances. d isab il ity a llowances . vacatio11 a llowances . specia l r.i tcs or allowances, responsib il ity allowances. or any other anc illary pay me111s of a like nature de scri bed by this Award.". Dated this seven th day of Apri l. 1994. By the Commission. (1.. 5.] J\-1.J. CALL EN. Industr ial Registrar. Operative Date: I I April 19 94 Variation - $8.00 Safe ty Net Adj ustment Released: 29 Ju ly 1994 [ 12 August, 1994 12 August, 1994) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 939 -- 2 of 2 --