Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v The Baking Industry Association of Queensland - Union of Employers and Another [1994] QIRC 219 (1994) 146 QGIG 201

200 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [20 May, 1994 20 May, 1994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 201 #################################################### QUEENSLAND INDUSTRIAL RELA TIONS COMM ISS ION Industrial Relations Ace 1990 s. 131 - appl ic at ion for variation Austral i an Li quor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND The Bak ing Industry Association of Queensland - Union of Employers and Another (No . R185-6 of 1989) BAKING INDU STR Y AWARD - SOUTH ERN AND MACKAY DIVISIONS COMMISSIONER EDWA RDS 14 March 1994 VARIATION THIS matter coming on for he aring before the Commissi on al Brisbane on 14 Ma rch 199 4, thi s Commission doth order that the said Award be varied as fol lows as from the fourteenth day of Apr i l, 1994:- 1. By deleting subclause (1) of clause 3.3 (Wages) and in se rting the fo llow ing in lieu thereof:- "3.3 Wages ( 1J Subject to cla use 3 .2 hereo f. th e minimum rates of wages payable at the following classifications shall be:- -- 1 of 2 -- 202 QUEENSLAND GOVERNMENT INDUS TRIAL GAZETTE Award Supplemen- Rate Ba se lary a.s from Ra1e Paymen1 14.4. 94 Per Week Per Week Per VVeek Cla.ss, fica1 Jon level $ $ s and Relali vi1y ( NOi i?' 3) (NOie 2) (NOIC I) Bak ing Industry Employee leve l 1 {78%) . . . . . . . 284.80 48.60 33340 Bak ing lnduslry Emp loyee Level 2 {82 %) . . . . . . . . 299.50 50.60 350 10 Baking Industry Emp loyee Leve l 3 {88%) . 321.40 53.70 3 75.10 Bak ing Industry Emp loyee Level 4 (92%) . . 336.00 55 80 391.80 Baking In du st ry Emp loyee leve l 5 (100¾) 365.20 60.00 425.20 Baking Ind ustry Employee Level 6 (105%) ... ... . 383 50 62.60 446.10 Note 1 - The Award Rate i ncludes wage in creases and adjustments arising from State Wage Case decisions co l loquial ly re fe rred to as: 2nd Tier Adjustment; 1st (2 par ts) and 2nd St ructural Efficiency Adjustments; 1st, 2nd, 3rd an d 4th M inimum Rat es Adjustments and Safety Net Adjustment. Arising from th ese adjustmen ts certa in ' Excess Payments' h ave also been identi fied and are payable to employees engaged in such classifications as part of their Awa rd Rate {Refer subcla us e ( 2) 'Excess Paym en ts'>. These 'Ex cess Pay men ts ' are not subject to absorption of the Safe ty NeI Adjustment. Such 'Excess Pay ment' shall noI h ave any subsequent percent age based wage increase applied to it. No te 2 - The supplemen tary payment al each classi fication includes an $8.00 adjustmen t reflecting the appli ca tion of the arbitrated safe ty net adju st ment prin cip le enunciated in the Fe bru ary 1994 Review of Wage Fixin g Princ ip le s. ConsisIenI w ith the requi rements of that Pr in cip le the $8.00 safe ty net adjustment is absorbable to the exIent of any equivalent amount i n ra tes of pay - whether overaward, award, industrial agreement or cer tified ag reement - in excess of the minimum ra tes (cl ass i fi ca ti on rate and supplementary payment) prescri bed in accordance w it h the October 1989 Sta te Wage Case decision and ad j us ted in accordance w i th the July 199 1 State Wage Case decision. 'Overaward ' Payment is defin ed as the amo unt in ra tes of pay w hic h an employee wou ld receive in excess of the minim um award wage as prescribed in this Award fo r th e classification in wh ich such employee is engaged whi ch applied i mmediately prior to Ihe date of opera tion of this variation: Provided that this defi nition shall exclude overtime, shift al lowances, pe nalty rates, expense rel ated allowanc es, indust ry allowan ces, di sab ility allowances, vacation al lowances. speci al ra te s or allowa nces, respon si bi lity al lowance s, or any 0Iher an cil lary paym en ts of a like nature described by thi s Award . Note 3 - The percentage rel at ivit i es col umn re l at es to perc entages app ly ing before the application of the $8.00 arbitrated Safety Net Ad jusImen1 made in acco rdance w ith the February 1994 Rev iew of Wage Fixing Pr inciples. The pe rce n tage relativities column should al so be appli ed by excluding amounts payable to employees pursuant to subclause (2) 'Excess Payments' .'. 2. By deleting Schedule 1 (Wage Rates) to the Award . Dated this fourteenth day of Ma rch, 1994 By th e Commissi on , [L.S. ) M ) CALLEN, Industrial Registrar Ope rative Date: 14 Ap ri I 1994 Variation - 4th MRA Re le ased : 12 May 1994 [20 May, 1994 20 May, 1994] QUEENSLAND GOVERNMENT INDUS TRIAL GAZETTE 203 -- 2 of 2 --