Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employees [1994] QIRC 439 (1994) 146 QGIG 964

964 QUEENSLAND GOVERNMENT IND US TRIAL GAZETTE [ 19 August, 1994 ###1#/################################################## QUEENSLAND IND USTRIAL RELATIONS COMMISSION Industrial Relations Act I 990 s. 14 7 - app li cat ion for variation Austra li an Liquor, Hospitality and Miscellaneous Workers Union. Queens land Bra nch. Un ion of Emp loyees AND Queensland Confederation of Industry Limited, Union of Employees (.'l'o R/ 71-3 of l989and 8650of/993) EMPLOYEES- COOK FREEZE PTY . LTD . l!\Dl:STRIAL AGREB1E!\T COMMISS IONER EDWARDS 14 March 1994 VARIATION 19August , 1994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 965 T HIS matter coming on for heari ng before the Commission at Brisbane on 14 March 1994, this Comm ission doth order that the said Industrial Agreement be varied as follows as from the litteenth day of March, 1994:- I. By de leting subclauses (3) to (12) inclusive of clau se 3 (Definitions) and inserting the following in lieu thereof:- "(3 )'E mployee Leve l I' - (82%) shall mean an emp loyee with no previous relevant experience . An employee at this level sh all be employed for the purpose of induction and training for a period of up to three months duration. Such an employee performs routine duties essentia ll y of a manual nature to the level of their training and exercises minimal judgement working under direct supervision. (4) 'Emp loyee Level 2' - (87.4%) shall mean an employee either having relevant experience or having successfully completed induction training at Level I. Such an employee exercises s kill to the level of their training in addition to that required of a Level I Employee. An emp loyee at this level shall possess bas ic numeracy and literacy skills. Indicative duties of an emp loyee at this level would i nclude:- - Operation of minor equipment and/ or the operation of major equipment for cleani ng purposes; Routine manua l handli ng ; Recording simple data; - Maintains records. (5) · Emp loyee Level 3B ' - (90%) s hall mean an employee having the abi lity to operate one or more ·major processing machines ' as defined herein. Such an emp loyee exercises skill to the level of lheir training in addilion to lhat required of a Le ve l 2 employee. (6) ·Employee Level 3A ' - (92.4% ) shall mean an emp loyee having the ability to perform mathematical calculations on data recorded and to interpret data . Such an emp loyee exerci ses s kil l to the leve l of their training in addition to that required of a Level 2 emp loyee. Indicative tasks of an employee at this le vel wou ld include the use o f bat i;h shecls. picking s lips and re qui siti ons and to act upon infom1ation gathered in the interpretation of data. (7 ) ·Employee Lev el 4' - (96%) shall mean an employee having undergone training and required to perform the duties associated with both Level 38 and 3A employees. ( 8) 'Em ployee Level 5' - ( I 00%) shall mean an employee requi red to perform du ties associated with the supervision, tra ining and co-ordination of work of emp loyee at the various leve ls . A Leve l 5 Employee sh all be responsible for the s upervision of groups of employees in the performance of routine t asks. Ind icative du ties of an employee at this level would incl ude , or be similar to:- The supervis ion of routine hygiene operacions. the co- ordina ti on of work for employees on the individual meal packing li ne, o r du ties of similar extent. Or , when responsible, for the supervision of up to and including five employees . (9) • Employee Leve l 6' - ( I 05%) s ha ll mean an employee whose skills and dut ies include, in addition to that prescribed for a Level 5 Employee, the supervision of grou ps o f employees in the performance of co mplex tasks. Indicative duties o f an employee at this leve l would include, or be similar to: - the co-ordination and supervision of e mp loyees in the vegetable processing room. - the co-ordination and superv ision of emp loyees operating the main stream j acketed kettles ( I 0) 'Major processi ng machine s' s hall mean an d inc lude similar complex machines to: Bakery/meat reve nt ovens Greer Multipurpose Oven Steam Pe eler Urschel Dicer Steam Jacketed Kettled ( 11 ) ' Minor Processing Machines· sha ll mea n a nd include similar machines to Holac dicer, Cimitrol, Foam c leaner , tray erectors, carton sealers. printers , computers, qua lity testing equipment, forklifts.''. 2 . In clause 9 (Wages and Extra Paymen ts):- (a) by deleting subclause ( I) and in serting the following in lieu thereof:- "Wages and Ex t ra Payments 9 .( I) The minimum rate s o f wages payable to the fo ll owing classes o f employees s hall be:- (a) As from 15/3/ 94 Classi fi cation l~e vd 6 I nterim Min im um Classific ation Rate Pe r Weck s Leading Hand Pl ant Operator .. . 4 12.35 l.e,,d 5 Leading ll and Plam Operator. .. 40 0 90 l.nd.f Freezer Hand ..... ....... .. 38 1.40 Pl ant Operator ·· ·•••···· 370,00 /,cw/ JA Quality Control Operator ... .. ... .. 38 8 .40 Quality Co11 1ro l Assistant ... ... .. .. 383 .00 Freezer Hand .................. .......... 381 .40 Plant Operator ..... . ... ..... .. . 3 70 .0 0 Plant Attendant... . ... .... .. . 360.30 Ui-e /311 Pl an t Operator ..... ....... 370.00 l,e,·d 2 Pla m Opera tor . ······· •·• ·· ..,•.. 37 000 Interi m Supplemcn1ary Pa)'lnen1 Por Week $ (N nte2i 18 .05 18.00 18.00 18 .0 0 8.00 10.50 12. 10 18.00 18.00 1.l.50 8.00 Awa1d Ra 1c Excc-ss as from Paymcnl I .S/ Jf9il Pe r' Week Pe r \\' ed. s s (;s:o tc I J i1'otc I J 4.10.40 418.90 399.40 .188.00 2.90 39\1.30 ' 393.50 393.50 388 .00 3 78.30 38 .1.50 54 0 383.40 • • -- 1 of 2 -- ~ 966 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 19 August, 1994 Classi fication Minjmum Cla ss ification Rate P<r W eek $ Interim Suppl em entary Pa)'m cnt Per \Veek s (Note 2) Rate Excess as from Paymem 15/3/94 Per Week Per Week $ s (!'<ate I) (Note I l Plant Attendant .. ... .. . .. ..... .. .... 360. 30 12 . 30 372.60 level 1 NIA . .. .................... .. .... ... . ... . 342 . 10 8.00 350.10 (b) As From I 3/ 9/94 Supplementary Excess Base Ra te Paymcn1 Payment Classificat ion Pe r Week Pe r Week Per Week s s s (Nore2) ( Nore I ) Award Rate as fr om 13/9/94 Per Weck s (Nore I) Level 6 ..... . ..... 38 3.50 62.60 60.00 57 90 56.10 53.40 50.60 446. 10 425.20 408.50 396. 40 * 378.00 •• Level 5 ..............365.20 I.eve! 4 . .... .350.60 Level 3 ..............337.40 Leve l 2 ..............3 I 9 .20 Level I .............. 299.50 2.90 5.40 350. 10 Note I The Award Rate includes wage increases and adjustments arising from State Wage Case decisions colloquially referred to as: 2nd Tier Adjustment; Ist (2 parts) and 2nd Structural Efficiency Adjustmen ts; Minimum Ra tes Adjustment and Safety Net Adjustment. Aris ing from these adjustmenl certain 'Excess Payments ' have also been identified and arc payable to employees engaged in such classifications as part of their Award Rate. These 'E xcess Payments' are not subject to absorption of the Safety Net Adjustment. Such •Excess Payment' shall not have any subsequent percen tage based wage increase app li ed to i t. Excess Payment has application to Qua li ty Con trol Operators translated to Level 3. 0 Ex cess Payment has app li ca tion to Plan t Operators translated to Levd 2. Note 2 The supplementary payment at each classification leve l includes an $8.00 adjustment reflecting Lhc ap plication of the arbitrated Safety Net Adjustment Principle enuneiated in the February 1994 Review of Wage f ixing Principles. Consistent with the requirements of th at principle 1h e $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 min im um rates (classification rate and supplemen tary payment) prescribed in accordance with the October 1989 State Wage Case decision and adj usted in accordance with the July 1991 State Wage Case decision. · overaward f'ayment' is defin ed as the amount in rates of pay which an employee would receive in excess of the minimum award wage as prescribed in this Industrial Agreement for the class ification in which such employee is en gaged which applied immediately prior to the date of operation of this va riation: Provided that this defin ition shall exclude ovcrtimt. sh ifi allowances. penalty rates. expens<: related (b) allowances, industry allowances, disability allowances, vacation allowances, special rales or allowances, responsibility allowances, or any other ancillary payments of a like nalure described by this Indu strial Agreement. The percentage relativities (clause 3 (Definitions)) relate to percentages applying before the application of the $8.00 arbi1ratcd Safety Ne t Adjustment made in accordance with lhe February, 1994, Review of Wage Fixing Principles. The perce ntage re lativities should also be applied by excluding amounts s hown in the 'E.xcess Payment' column in any calculati on s of relativities.''; and by deleting subclauses (3), (4i and (9) and inserting a new subclause (3) "Frecie r Di sabil it y Allowance·' as follows:- ''(3) Em pl oyees required to s ubs tantially work in te mperatures of below -1 . I•c shall, in addition to a ll other condilions. be ent it led lo an allowance of $13.30 per week." . 3. In subclause ( I) of clause 12 (Sick Leave) by inserting the followin g proviso:- " Provided that the sick leave prescribed here in shall be cumu lative, but un less the employe.r and employee otherwise agree, no employee shall be entitled to receive, and no employer shall be bound to make payment for more 1han thirteen weeks' absence from work through illness in any one year.". Dated thi s fourteenth day of March, 1994 Dy the Commission, (LS .) M.J. CALLEN, lnduslrial Registrar Operative Date: 15 March 1994 Variation - $8.00 Safety Net Adjustment and Min im um Rates Adjustment Released: 8 August 1994 ####################################################/1## 19 August, 1994] QUE ENSLAND GOVERNMENT INDUSTR IAL GAZETTE 967 -- 2 of 2 --