Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers [1994] QIRC 278 (1994) 146 QGIG 441

440 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 10 JLme , I 994 10 June, 1994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 441 # ##### #### #################### # ##################### QUEENSLAN D INDUSTRIAL RELAT IONS COMM ISSION lndvstrial Relations Act 1990 s. 131 - applica tion for variation Australian Liquor, Hospi ta lity and Miscellaneous Workers Union, Queensland Branch, Union of Em ployees AND Queensland Confedera tion oi Industry limited, Union of Employers (No. 8650 of 1993) GRAIN AND ASSOCIATED PRODUCTS MILLING AWA RD - SOUTHERN DIVISION COMM ISS ION ER EDWARDS 14 March 1994 VARIATION TH IS matter coming on for hearing before the Comm iss ion at Brisbane on 14 Marc h 1994, this Commission doth order that the said Award be varied as follows as from the fourteenth day of March, 1994: - By dele ti ng subclause (l) of clau se 3.3 (Wages) and inserting the followi ng in lieu th ereof:- "3.3 Wages ( 1) Subject to cla use 3.2 hereof the minimum rates of wages payable to the fol l ow ing classes of employees wi thin the Southern Division, Eastern District, shall be :- Aw&d Suppk• Rare Base menta1y as from Rate Paymem • 14.394 Per Wt,ck Per Week Pt:r Weck Cla\.Sifica1ion and Rdativiry $ $ s Level (Note 3) (Note 2) (Note I) 1 (76.0%) 277.60 47.50 325 10 2 (82.0%) . . . . . .... 299.50 50.60 350.10 3 (8 8.0%) . ..... . 32 1.40 53 .80 375 .20 4 (93.0%) ...... . . .. 339.60 56.40 396.00 5 (100.0%) ... . . . . 365 20 6000 425.20 6 ( 102.0%) .. .. , . ' 372.50 61.00 433 .50 7 (10 6 0 %) 387. 10 63. 10 450 20 8 ( 1120%) 409.00 66.30 475.30 Note 1 - The award rate includes wage increases and adjustments arising from State Wage Case deci sions co l loquially referred to as: 2nd Tier Adjustment; 1st (2 parts) and 2nd Structur al Efficiency Adj ustments; 1st, 2nd, 3rd and 4th Min imum Rates Adjustments and $8 Safe ty Ne t Adjustment. Ar ising from these adjustmen ts certain ' Excess Payments' have also been identified and are payable to employees engaged in such classi fi cations as part of thei r Award Rate (Reier 10 subclause (2) 'Excess Payments'). T hese ' Excess Pay ments' are not su bject 10 absorp ti on of the Sa fety Net Adjustmen t. Such 'Excess Payment' sha ll not have any subsequent percentage based wage i ncrease applied to it. Note 2 - The supplementary paym en t at each classi fication includes an $8.00 adjustment re flecti ng the appli ca tion of the arbitrated safety net adjustment principle enunciated in the February 1994 Rev iew of Wage Fixing Note J - Pr i ncip le s. Consistent with the requiremen ts of that Pri ncip le th e $8.00 safe ty net adju stm ent is absorbable to the extent of any equivalent amoun t i n rates of pay - whether overaward, award, industrial agreement or certified agreement - in excess of the mi n im um rates (classification rate and supplem en tary payment) prescribed in accordance wi th the Octo ber 1989 Sta te Wage Case decis io n and adjusted in accordance w ith the July 1991 Sta te Wage Case decisio n. 'Overaward' payment is de fin ed as the amount i n r ates of pay w hich an employee wou ld receive in excess of the minimum awa rd wage as prescrib ed in this Award for the classification in which such employee is engaged which applied immediately pr ior to the date of operati on of this variat io n: Provided tha t this defini tion sha ll exclude overtim e, shift al lowances, pena l t y rates , expe n se re la ted al l o wances. industry al l owances, d i sab i l i ty al lo wances , vacatio n al lowances, special rates or allowances, r esp on sibility allowances, or any other ancil lary paymen ts of a like nature described by this Award. The pe rc entage relativities co lumn relates to p ercen tages ap plying before the application 01 the $8.00 arbitrated safe ty net adjustme nt made in accordance w i th the Feb ruary 1994 Review of Wage Fi xi ng Pr inciples. The percen tage relativities column should also be applied by excluding amounts payable to employees pursu an t to subclause ( 2J 'Excess Paymen ts':. Da ted this fourteenth day of Marc h, 1994 By the Commission, {L. S.J MJ CALLEN, Industria l Registrar Operative Date: 14 March 1994 Variation - $8 Safety Net Adjustment Released: 31 May 1994 ##### ## #### # ### # ############### # ###### ############# # -- 1 of 1 --