Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers [1994] QIRC 238 (1994) 146 QGIG 220

220 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [20 May, 1994 #################################################### QUFENSLAND INDUSTRIAL RE LATIONS COMMISSION Industrial Relations Act 1990 s. 131 - application for variation Australian Liquor, Hospital ity an d Miscellaneous Workers Union, Queensland Branch, U nion of Emp loyees AND Q ue ens land Confederat io n of Industry Lim ited, U nio n of Employers (No. 8650 of 1993) PAINT AND VARNISH MAKING AWARD - STATE COMMISSIONER EDWARDS 14 Marc h 1994 VARIATION THIS matter coming on for hearing before the Commission at Brisbane on 14 March 1994, this Commission dot h order th at the sa id Award be varied as fol lo ws as from the twenty-fi rs t day or March, 1994 :- By dele ti ng subcla use (1) of clause 8 (Wages) and i nserting the following in lieu t hereof:- "W ages 8.(1) The minimum rates of wages payable to adul t employees shall be as fol lows:- The new cl assi fica ti on structure expresses the award rate payabl e, b ei ng the comb ination of the percentage base rate and a supplemen tary payment which inc ludes the $8 safe ty net adjustment. The award ra te i nc lu des all increases and ad j ustments arising as a res ult or the Second Tier, 1st and 2nd struc tu ral efficiency paymen t and st ructural effici en cy adjustme nt and 1st, 2nd, 3rd and 4th mini mum r ates ad j us tmen ts . Class1(kat10n and Re lativily Paint Worker Cr.5 ( 105.0%) Pa int Worker Cr.4 (100 .0%) Paint Worker Gr.3 192.4%) Paint Worker Gr 2 (87.4 %} Paint Worker Gr. 1 t82 .0%) 383.50 .l65.20 .33740 319.20 29 9.50 Supptemen- oary Paymem • Pe, Wtel< $ 62 .60 60.00 56.10 53.40 50.60 Award Ra 1e as from 21.3.9 4 PN W erk s 446.10 4 25.20 393.50 372.60 350.10 • The supplementary paym en t at each classi fication includes an $8.00 adj us tment reflecting the application of th e arbitrated sa fety net ad ju stment principle enunciated i n the February 1994 Review of Wage Fixing Princ ip l es. Consistent with the requirements of that Principle th e $8.00 safety net adjustment is absorbable to the exten t of any equivalent amount in rates of pay - whether overaward, award, i ndustri al agreement or certifi ed agreement - in excess of the minimum rates (class ification rate and supplementary paymenti prescribed in acco rdance with the October 1989 State Wage Case decos ion an d adjusted in accordance w i th the July 1991 Sta te Wage Case decision. 'Overaward' payment is defined as the amoun t in ra tes of pay which an employee would receive in excess of the minimum award wage as prescribed in this Award ror the cl assification in wh ich such employee is engaged w hich appli ed im mediately prior to the date oi operat io n oi this variation: Provided that this definition sha ll exclude overtim e, shift allowances, pe nalt)' ra tes, expense related a ll owances, i ndu stry al lowances, disabi li ty allowances, vacat ion allowances, special rates or allowances, responsibi li ty allowances, or any other ancillary payments of a like nature described by th is Award. The percentage relativities relate to percentages applying before the application of the $8 .00 arbitrated safety net adjustmen t m ade in accordance w ith the February 1994 Review of Wage Fixing Princi ples! . Dat ed th is fourteenth day of March, 1994 By the Commission, [L.S .] M J CALLEN, Industrial Registrar Operative Date: 21 March 1994 Variation - $8 Safety Net Adjustmen t Released: 12 May 1994 ################################################## ## 20 May, 1994] QUEENSLAND GOVERNMENT 1NDUSTRIAL GAZETTE 221 -- 1 of 1 --