Amalgamated Society of Carpenters, Joiners, Bricklayers. Plasterers, Painters and Decorators of Australasia, Union of Employees, Queensland and Others v Queensland Confederation of Industry Limited, Union of Employers and Others [1994] QIRC 301 (1994) 146 QGIG 547

546 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [24 June, 1994 rf 24 June, 1994) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 547 #####################################11################ QUEENSLAND IND USTRIAL RELATIONS COMM ISSION Industrial Re!Mions Act 1990 s. 131 - application for variat ion Amal ga mated Society of Carpente rs, Joiners, Bricklayers. Plasterers, Painters and Decorators of Australasia, Uni on of Employees. Queens land and Othe rs AND Queensland Confederation of Industry Limited, Uni on of Employers and Others (No. B749 of 1993) BUILDI NG PRODUC TS, MAN UFA CTUR E ANO.M INOR MA INTE NANCE AWARD-STATE COMM ISSIONER BOUGOURE 24 March I 994 VARIATION THIS malter coming on for hearing before the Co mmission al Brisbane on 24 March 1994, this Commiss ion doth order that the said Award be varied as fo ll ows as from the twenry-fourth day of March, 1994:- By de le ting subclauses ( I) and (2) of clause 3.3 (Wages) and inserting the fo ll owing in li eu thereof:- "3.3 Wages (I) The min imum rates of wages payable to the fo ll owing classes of emp loyees shall be as follows :- • Jnterim To tal Award Base Rate Supple Rate as a1 ment.ary as at 23 .J 94 Paymem 24 J 94 Class1flcauon ReJa1 1\•i11es Per Weck Pt( Week Per Weet % s $ s Joiners. Shopfi tter. JOO 36S 20 600() 425.20 Machinists. Glaziers, Carpeme,s, Bricklayers . Plas.tercrs ( includ ing fibrous plas1erers) Floor Specialists, Tilers , Plumbers , Licensed Drainers, Le~,d light Worke rs, Painters. Sand Blasters Assembler A 87 4 3 19 20 S3 40 372.60 Ass.cmb ler 8 83 303 . 10 5 1 20 354 30 . , Labou rer S2 72 302 10 41 10 343 20 • •T obe adjusted when Nationa l Relativ ities are finalised. 148235 -43 The A ward Rate includes wage increases and adjustments arising from State Wage Case decis ion co ll oquially referred to as: 2nd Tier Adjustment; I st (2 parts) and 2nd Structural Efficiency Adjus tm ents; Minimum Rates Adjustment and $8.00 Safety Net Adjustment. [Arising from these adjustmen ts certain 'Excess Payments' have also be en identi fie d and are payable to e mployees engaged in such c lassifications as part of thei r Award Rate. These 'Excess Payments' are not su bj ect to absorpti on of the safety net adjustment. Such 'Excess Payment' shall not have any subsequent pe rcentage based wage increase applied to it.) * The interim supplementary payment at each classification level includes an $8.00 adjustment reflecting the app li cati on of the arbi trated sa fety nel adjustment principl e enunciated in the February 1994 Review of Wage fixing Principles . Consistent wi th the requ irements of that p rinciple the $8.00 safety net adjustment is absorbable to lhe extent of any eq uivalen t amount in rates of pay - whether overaward, award, industrial agreement or certi lied agreement - in excess of the minimum rates (base/classi fication rate and sup plementary payment) prescribed in ac cordance with the October 1989 State Wage Case dec ision and adjusted in accordance with the Ju ly 199 1 Stale Wage Case dec ision. 'Overawarcl Payment is defined as the amount in rates of pay whi ch an employee wou ld rece ived in excess of the minimum award wage as prescribed in this Award fo r the classification in which such employee is engaged which applied immediately prior to the date of operation of this va ri ation: Provided th at this de finition shall exclude overtime, shift allowances, pena lty rates, expense related allowances, industry allowances_. disab il ity allowances, vacation allowances, special rates or allowances_, respons ibility allowances, or any other ancillary payments of a like nature descri bed by this Award. The percentage relativities column relates to percentages apply ing before the app lication of the $8 .00 arbitrated safety net adjus tment made in accordance with the February 1994 Review of Wage Fixing Principles. The percentage relativ ities are based on a base rate and supplementary payment totalling S417.20 per week. (2) Shop Stonemasonry Class ifications - The minimum rates of wages payable to the following classes of employees engaged in stonernasonry work shall be as follows:- In terim • Interim To lal SuppJe. Award Rate mcntary as at Class ificat ion 8a.sc Rate Payrnem 24 3.94 Pel' Weck Per Week Per Week $ s s S1onemason, Ar1 i11cia l S1oneworker 438.14 8.00 446. 14 Machin ist 425 .60 8.00 435 .60 Stonemasons Assistant. Tc.rrai.7..o 392 . 16 8.00 400. 16 Assistant. Concre1or (Cemclc,y On l y) The Award Rate includes wage increases and adjustments arising from State Wage Case decisions colloquia ll y referred to as: 2nd Tier Adjus tm ent, I st and 2nd Structural Efficiency Adjustments, Minimum Rates Adjustment and Safety Net Adjustment. • The interim supp lementary payment at each classification level inc ludes an $8.00 adjustment re fl ecting the ap pl ication of the arbi trated sa fe ty net adjustment princip le en unciated in the February 1994 Review of Wage Fixing Principles Consistent with the requirements of that principle the $8.00 safety ncl adjustment is absorbable to the ex tent of any equivalent amoum in rates of pay - wheth er ove raward, award, industria l agreement or ce n ified agreem ent - in excess of the minimum rates (classification rate and ·1 -- 1 of 2 -- 548 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE sup pl emcntaJ') payment) prc,cribed in accordance "i th the October I 989 State Wage Ca,c de c1s 1on and adju\tcd in accordance "1th the July 19 9 1 State Wage Case decision 'O"er awarcl Payment is defined as the amount 111 rates of pa) \\ h1ch an cmpl o)ee ,,ould rccc:l\ed m e,-ccs!> of the minimum award wage as prescribed in this Award for t he classi fi calion m \\h1ch such emplo)ee 1, eng.iged \\h1ch applied immediate!) prior to thc date of operalion of t hi s vuriat io n. Pro~ 1ded that th1, definition shall exclude o,cnimc, shift allo"ai1ce,. penalt)' rates. expense related a ll owances. indus tr) al\o,,ancc,, disal11lit) a llowam:es. , acation allo\\ance,. ,pecial rate, or allowances. rc,po nsihility allowances, or an) o th cr anc1llaf) pa)m enb ofa li ke nature dc,c ribed by th i.. Awanl.". O.ited this twcnt) -founh da) of:\1.!rch. 1994. B) the ('omnms1on. fL .S .] M.J. CA I LEI\. Industr ia l Re gistrar. Operative Date: 24 March 1994 Variauon - SS <; :-; A Released· 14 June 1994 ###/#1###1#/######################################HH####H 124 J une, I 99 4 24 June, 19941 QUEENS LAN D GOVERNMENT INDUSTRI AL GAZETTE 549 -- 2 of 2 --