Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers and Others [1994] QIRC 117 (1994) 145 QGIG 770

770 QUEENSLAN D GOVE RNM ENT INDUSTRIAL GAZETTE (8 April , 1994 #################################################### QUEE NSLAND INDUST RIA L RELATIONS COMMISSIO N Industrial Relations Act 1990 s. 13 1 - application for variation Austral ia n l iquor, Hospi tal ity and Miscellaneo us Workers Union, Queensland Branch, Union of Emp loyees AND Queensland Con federati on of Industry Limi te d, Union of Em pl oyers and Others (N o. B648 of 1993) CAF E, RE STAU RANT AN D CATE RI NG AW ARD - SOU TH- EASTER N DI VI SI ON COMMISSIONER BOUGO URE 11 March 1994 VARIATION THIS mat1er coming on for hea ring before the Commission at Brisbane on 11 March 1994, th i s Commission doth order th at the said Award be varied as follows as from the fourteenth day of Ma rch, 1994 :- By deleting subclause (1) of clause 22 (Wages) and inserti ng the foll ow ing in li eu th ereof :- "Wage s 22.(1) Sub ject to clause 21A he reof the mi nimum rat es of wages to be paid to t he undermentioned levels of em ployees shall be as follows :- 8 A pril, 1994] QUEENS LAN D GOVE RNMENT INDU STRIA L GAZETTE 771 The new class ification structure expresses the in te rim total rate payabl e, being the combination of the base ra te (including broadbanding adjustments), th e fi rst minimum rates adjustment an d the $8.00 Safety Net Adjustment. Such adjustment is to be absorbed into overaward paym ents where suc h payments are being made. Appendix A attached to this Award l is ts amounts invol ved in broadbandi ng. Such amounts are to be absorbed to t he exten t of equivalent overaward payment s. 'Overaward Payment' is defined as the amount (whether i t be te rmed 'overaward payment', 'attendance bonus', 'service increment' or any term whatsoever) which an employee would receive in excess of the ' Award Wage' which appli ed immediately pri or to t he date of operation of any broadbanding or minimum rates adjustment awarded by the Comm ission for the cl assiiication in wh ich the employee is engaged: Provided that such payment shall exclude overtime shift allowances, penalty rates, all owances, fares and trave lli ng time allowances and any other ancillary payment of a like natu re prescribed by this Award. The ultimate relativit ies for t he new cl ass i ficati ons are as fo ll ows:- Food and Kitchen Level 'lo Bever age Anendant Cook Introductory 73 1 78 1 2 82 2 1 3 87,4 3 2 4 92.4 4 5 100 5 3 6 105 6 4 7 110 5 The percentage rel at ivities column re lates to percen tages applying before the application of the $8.00 arbitrated safety n et adjustment made in accordance wit h the February 1994, Rev iew of Wage Fixing Principles. Classif icat ion Ki tchenman/maid 2 Bar Attendant Dr ink Wa iter Waiter ... . . Recept ionist/Cashier Cash i er Cook ... . Singl eha nd Cook Other Cook 3 4 H ea d Waiter .. . 5 Qualifi ed Cook 6 Second Cook ... 7 Chef or Chief Cook Persons Not Otherwise Provid ed For: Introductory Level I nteri m Bas& Rat e (Inc. Bro .1.d -banding) Per Week s 325.40 341.00 341.00 341.00 341.00 341.00 34 1.00 342.10 34 1.00 343 .30 370.00 356.20 364.10 378.30 325.40 304.60 • inter im Supp. Payment Per Week s 800 8.30 8.30 8.30 8.30 8.30 8.30 8.00 8.30 13.30 11.90 23.30 26.50 28.20 800 8.00 • ·Excess Payment Per \Veek s 8 50 Interim To!al \rVage R.1ite As Al I 4i3/94 Per W ~ k s 341 90 349.30 349.30 349.30 349.30 349.30 349.30 2.10 352.20 349.30 356.60 381 .90 379.50 390.60 406.50 333.40 312.60 The interim total wage ra te incl udes the fol lowi ng wage i ncreases: 1987 REP, 1st and 2nd 1989 SEP; 199 1 SEA; 1st Min imum Rates Adjustment and the $8.00 Sa fe ty Net Adjustment. * The supplementary paymen t at each cl assification level includes an $8.00 adjustment reflecting the application of t he arbitrated sa fety net adjustment principle enunciated in t he February 1994, Review of Wage Fixing Principl es . Consistent with the requiremen ts of that principle the $8.00 safety net ad j ustment is absorbable to the extent of any equivalent amount in rates of pay - whether overaward, award, industrial agreement or cert ifi ed agreement - in excess of the mi nimum ra tes (classification ra te and supplementary paymen t) prescribed in accordance with the Oc tober 1989, State Wage Case decision and adjusted in accordance with the July 1991 , Sta te Wage Case decision. • * Excess Payment - In addition to the base ra te, excess payments prescribed above are to paid for all pur poses of t he Award. Such excess payment shall not have any subsequent pe rcentage based wage increase applied to i t. Such excess payment shall be paid to all exi st ing and future emp loyees .". Da ted thi s el eventh day of March, 1994. By the Commi ssio n, [l.S.J M .J. CALLE N, Industrial Regi strar. Operative Date: 14 Ma rch 1994 Va ri at i on - $8.00 SNA Released : 24 March 1994 #################################################### -- 1 of 1 --