Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees v Queensland Hotels Association, Union of Employers [1994] QIRC 118 (1994) 145 QGIG 771

770 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (8 April , 1994 8 April, 1994] QUEENSLAND GOVERNMENT INDU STRIAL GAZETTE 771 #################################################### QU EENSLA N D INDUSTRIAL RELATIONS COMMISSION lnduscrial Relations Ac t 1990 s. 13 1 - application for vari at ion Austral i an Municipal, Administr at i ve, Clerical and Services Union, Central and Southern Queensland Clerical and Admini strative Branch, Uni on of Employees AN D Q ue ens land Hotels Associa ti on, Union of Emp loyers (No. 8141 of 1994) CLE RICAL AWARD - HOTELS, RESORTS AND CERTAIN OTHER LICENSED PREMIS ES STATE (SO UTH EAST QUEENSLAND) COMMISSIONER BOUGOUR E 15 March 1994 VARI ATION Th i s matter coming before the Comm is sion at Br i_sbane on 15 March 1994, this Commi ssion doth order that the said Award be vari ed as follows as from the fourth da y of Apri l, 1994:- By del et ing su bclau se (1) of cl ause 5.2 (Wages) and inserting the foll ow ing in li eu thereof:- "5.2 Wages (1 J The minimum ra tes of wages payable to the foll ow ing level of work as defined in clause 3.3 sha ll be:- Sou1hern Division Tota l <Eastern Ois1uct} Supple- Awa rd Rate Base Wage Rate rnentary As Al Wage Pa yment • 4/4/94 lel' el Per Week Per week Per Week s s s 2 (82%) .. .. . .. 299.50 so .s o 350.00 3 (87.4 %). ' . . .... . 319.20 53.40 372.60 4 (9 2.4%) . . . .. . . . . 337.40 56 .10 393.50 5 (1 00 %) ..... 365.20 60.00 425.20 6 (105%) . . . . . . . . . . . 383.50 62.60 446.10 7 ( 11 0 %) .... .. ..... 401.70 65.30 467.00 -- 1 of 2 -- 772 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETT E The new cla ssi lication structure exp ress es the total Award rate payabl e, being the co mb ination of the per ce n ta ge bas e r ate and the su pp lementary payment wh ich incl ud es the $8 sa fety net adjustment. Suc h supplementary payment is absorbable to the extent of equivalent overaward payments where such payments are being made. The total Award rate includes all increases and ad ju stmen ts arising as a resu lt of the second tier, structural effi ciency paymen t s, structural efficiency ad justments an d m inim um rates proc ess. The percent age rel at ivi ti es are based on a base rate an d suppl ementary payment totalli ng $4 17.20 per week at level 5. 'Overaward Payment' is defined as the amount (whether it be te rmed 'overaward payment', 'attendan ce bonus·, ·service i ncrement' or any term whatsoever) wh i ch an employee wou ld receive in excess of the 'Award Wage ' which appli ed immed iately prior to th e d ate ol operation of any broadbanding or mi nimum ra te s adjustment awarded by the Commi ss ion for t he cla ss ifica tion in which the emp loyee is engaged: Provided th at such p aym ent shall exclude overtime shift allowances, penalty rates, allowances, fares and travelling time allowances and any other an cillary paymen t of a like na ture prescribed by this Award. * The supp lementary payment at each class ifi cat i on level includes an $8.00 ad j ust ment re fl ecti ng the application of the arbit ra ted sa fety net adjustment principle enunciated in the Feb ruary 1994 Review oi Wage Fixing Principles. Consistent wi th th e requirements of that Pri nciple t he $8 .00 sa fety net adjustment i s absorbable to the ext en t of any equi va lent amount in rates of pay - whether over-award, award, indu st ri al agree ment or certi fied agree m en t - in excess of the minimum rates (cl ass ification rate and supplementary paymen t) pr escribed in accordance w ith t he October 1989 State Wage Case decision and ad j usted in accorda nce w ith the July 1991 State Wage Case decision. NOTE: Th e wage r ates under this Award effective from 4 April 1994 are as above. Schedule A contains t he wage ra te s that applied under the Cl erk s' Award - Ho te ls and Regi stered Clubs - State on th e 19 December, 1993, immediately before this Award became effective. As no exi st ing emp loyee employed by the emp loyer prior to 20 December, 199 3, i s to suffer any reductio ns in ordin ary ti me earn ings as a re su lt of this Award, employers may be required to refer to bo th clause 5. 2 and Sch ed ule A in determining the appropriate rate of pay to an employee employed by that employer prior to 20 December 1993 ." . Dated thi s iifteenth d ay of March, 1994. By the Commi ssion, [ l. S.J M.J . CALLE N, Industrial Reg istrar. Ope ra tive Date: 4 Ap ril 1994 Va riati on - $8 SNA Relea sed: 24 March 1994 (8 April, 1994 8 April , I 994J QU EENSLAND GOVERNMENT lNDUSTRIAL GAZET TE 773 -- 2 of 2 --