Federated Engine Drivers' and Firemens' Association of Australasia Queensland Branch, Union of Employees and Another v Queensland Confederation of Industry Limited, Union of Employers and Others [1994] QIRC 586 (1994) 147 QGIG 1014

1014 QUEENSLAND GOVERNMENT IND US TRIAL GAZETTE [4 November, 1994 ####################################################### QUEENSLAND INDUSTRIAL RE LATIONS COMMISSION Industrial Relations Act 1990 s. 14 4 - application for variation Federated Engine Drivers' and Firemens' Associat ion of Australasia Queensland Branch, Union of Em ployees AND The Australian Workers' Union of Emp loyees, Queensl and AND Queensland Confederation of Industry Lim ited, Union of Employers and Others (Nos. B752 of 1993 and B128 of /994) CIVIL CONSTR UC TIO N, OP ER..\TIO NS AN D MAI NTE NANCE GENERAL AWA RD - STATE CO MMISSIONER BOUGOURE 17 March 1994 VARIATION 4 November, 1994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1015 THESE matters coming on for hearing before the Com mission at Junior Trainee Brisbane on 17 March 1994, this Commission doth order that the said Award be varied as follows as from the seventeeth day of March , 1994: - By deleting subclauses (2)(a), (d) and (e) of clause 3.3 (Wages) and inserting the following in lieu thereof:- "2(a) Except as elsewhere provided in th is Award, an emrl oyee shall be paid at the wage rate prescribed for the cla~sification as shown in (b) below. The following tables set out a summary of those movements in wage rates an dsupplementary paymen ts from the point of broadbanding of the rates into fewer grades as at I November I 99 I: - Classifica tion u,,el Civil Cons/ruction Etc S1reams - CW I CW2 CW3 CW4 CW5 CW6 Civil and Ear1hmo vi11g Plan! Etc. Streams - Grade i Grade it Grade iii Grade iv Grade v Relativi ty % (90) (92 5) (95) (97.5) (100) ( 105) Minimum Base Rate Per Week $ 328.70 337.80 346.90 356 .1 0 365.20 383.60 Interim Base Rate Per Week $ 351.80 357.70 371.30 385.90 430.50 Supplemen1ary Payment Per Week s 60.10 60. 10 60 . 10 60 . 10 60. 10 60. 10 Interim Supplementary Payment Per Week s 60. 10 60 . 10 60 . 10 60. 10 60 .1 0 Award Rate Per Week s 388.80 397.90 407.00 4 16 .20 425.30 443. 70 Award Rate Per Week $ 411.90 4 17 .80 431.40 446.00 490.60 (d) Crown Stream - The following sets out the new minimum rate to apply to emp loyees of the Crown as indicated as from I January 1992 along with t he final level of supplementary payment to be applicable from I October 1992 as a result of the application of increases from I January, I April , I July and I October 1992 as set out below. (Note: For the Supervision - Civil Construction and Maint enance Stream, Construction, Reconstruction, Alteration, Repa ir and/or Ma intenance Allowance has been deducted and will separatel y accrue from clause 3.5(16)). Classification Level Surveying Stream Senior Chainman Grade I Sen ior Chainman Grade II Soil Testing St ream Adult Trai nee Soi l Tester Soil Tester Soil Tes ter (Expe rienced) Sen ior So il Tester Supervising Soi l Tester Relativity Base Rate Supplementary Award Per Week % ( 110) ( 105) (97 .5) ( 105) (II 0) (115) ( 120) s 40 1.70 383.50 356.10 383.50 40 17 0 420.00 438.20 Payment Rate Per Week Per Week s s 65.30 467.00 62.70 446.20 58.80 4 14.90 62.70 446.20 65.30 467.00 67.90 487.90 10 .50 508.70 16 years of age and under.. I 7 years of age .. .... ... .... ...... ......... .. . 18 years of age ....... .. .. .... .... . Percentage of Adu lt Trainee Soi l Testers Rat e % ............... 45 55 •••••• ••••• •••• ••• •••• 65 19 years of age .... ... .. ....... .. .. .... ...... .... .. .... .. ....... .. ... ... ... ... .......... .. . . 75 20 years of age ...... ...... ... .... .. . Junior 17 years of age and under 18 yea rs of age 19 years of age ..... ... .. .... .. ... ... . 20 years of age . .. ... .. ... ..... .. .. ···· ·· 85 Percentage of Adult Trainee Soil Testers Rate % •• •••••• • 65 .................. .. .... 75 .. 85 ... .. .. .. 10 0 (e)(i) Supervision - C ivil Construction and Maintenance Stream prior to 01.0 1. 92 - Inspectors, Forepersons and Occupations Safety Officer. Grade I Grade 2 Grade 3 Co-ordinating Inspector Overseer Occupational Safety Overseer Senior Overseer (ii) Supervision - Civil Construction and Maintenance Stream as from 01.01.92 - Classification Level Supervisor Grade I Supervisor Grade II Supervisor Grade Ill Supervisor Grade IV Superv isor Grade V Relativity % (120) (130) (I 35) (140) (I 45) Base Rate Per Week $ 438 20 474.80 493.00 511.30 529.50 Supplemen tary Award Payment Rate Per Week Per Week s s 70.50 508.70 75 70 550.50 78.30 57 1.30 80.90 592.20 83.50 613.00 (Note: The rates shown in this Stream are in compensation for reasonable out of hours responsibilities other than authorised overtime.) ( f) The Award Rate includes wage increases and adjustments arising from State Wage decisions colloquially referred to as: 2nd Tier Adjustment; 1st (2 parts) and 2nd Struct ural Efficiency Adjustments; three Minimum Rates Adjustments and the Safety Net Adjustmenl. (g) The supplementary payment at each classification level includes an $8.00 adjustment reflecting the application of the arbitrated safety net adjustment principle enunciated in the February 1994 Rev iew of Wage Fixing Principles. Consistent with the requirements of 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 an d adjusted in accordance with the July 1991 State Wage Case decision. I -- 1 of 2 -- I 016 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [4 November, 1994 'Over-award Pay ment ' - Over-award payment is defined as the amount (whclher it be tem1ed · overaward pay ment', ·attendance bonus' , ·service increment', or any term whatsoever) which an employee would receive in excess of the minimum award wage as prescri bed in this Award for the c lassification in which such employee is engaged wh ich applied immediate ly prior to the date of operation of this var iation: Provided that this de finition shall exc lude overtime. sh i h allowances, penalty rates, ex pense related allowances, industry allowances. disabil ity allowances , vacation allowances, special rates or al lowances, responsibil ity allowances, or any o ther ancillary payments of a like na ture described by this Award. (h) The percentage relativities column relates to percentages applying before the application of the $8.00 arbitrated safe ty ne t adjustment made in accordance with the February 1994 Review of Wage Fixing Principles:· . Dated this seventeenth day of March, 1994. By the Commission, [L.S.] M.J. CALLEN, Industrial Registrar. Ope rative Date: 17 March 1994 Variation - $8 SNA Re leased: 26 October 1994 ####################################################### 4 November, 1994) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 10 17 -- 2 of 2 --