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Federated Engine Drivers' and Firemens' Association of Australasia Queensland Branch, Union of Employees and The Australian Workers' Union of Employees, Queensland v Local Government Association of Queensland (Inc) [1994] QIRC 182 (1994) 145 QGIG 943

Case law · Queensland · 1994
942 QUEENSLAND GO VERNMENT INDUSTRIAL G AZETT E [29 April, 1994 29 April, 1994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETT E 943 ## ###### ## ### ######################## # ####### # ###### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial RelaIions Acl 1990 s. 131 - application for variation Fed erated Engine Drivers' and Firernens' Association of Austral asia Queensland Branch, Union of Employees (No. 8753 of 1993) AND The Australian Workers' Union of Employees, Queensland (No. 8127 of 1994) AND Local Government Assoc iation of Queensland (Inc .) LO CAL GOVE RNMENT EMPLOYEES ' (EXC LUDING BRI SBANE CITY COUNCIU AWARD - STATE COMMISSION ER BLOOMFIELD 7 March 1994 VARIATION THIS matter coming on for hearing before the Commission at Bri sbane on 7 March 1994, this Commission doth order that the said Awa rd be varied as foll ows as from the seventh day of March, 1994 :- By deleting clause 3.4 (Wages) and inserting the followi ng in li eu thereof:- "3.4 Wages (1) The minimum ra tes of wages to be pa id to the undermentioned classes of employees shall be as follows:- Supple• Award Ra te Base mentary as from Ra te Paymtn1 7/3/94 Classification Rela,ivity Per Week Per Week Per Week ..,. s s s (Note l) (Note 2) (Nole I) LAE• Level 1 (Fi rst six months) 87 .5 319.60 53.50 373.10 (The rea fter) 90 328.70 54.80 383.50 LAE* Level 2 92.5 337.80 56 . 10 393.90 LAE* Level 3 95 346.90 57.40 404. 30 LAE • Level 4 97.5 356.10 58.70 414.80 LAE* Level 5 100 365.20 60.00 42 5. 20 LAE * Level 6 105 383.50 62.60 446. 10 LAE* Level 7 110 401.70 65 .20 466.90 LAE* Level 8 115 420.00 67.80 487.80 LAE* Level 9 120 438.20 70.40 508.60 * Local Authority Emp loyee. Note 1 No te 2 The Award Rate includes wage increases and adjustments arising from State Wage Case decisions colloquially referred to as: 2nd Tier Adjustmen t; 1st (2 parts) and 2nd Structural Efficiency Ad ju stments; M ini mum Rates Adjustment and $8.00 Safety N et Adjustment. The supplementary payment at each classification level incl udes an $8.00 adjustment reflecting the application of the arbitrated safety net adj ustment principle enunciated in the February 1994 Review of Wage Fixing Pr i nc iples. Consiste nt with the requirements of that principle the $8.00 safety net adjustment is absorbable to the extent of any equivalent amount in rates of pay - wh ether overaward, award, industrial agreement or certified agreement - in excess of the minimum rates (b ase rate and supplementary payment) prescribed in accordance with the October 1989 State Wage Case decision and ad justed in accordance wit h the Ju ly 1991 State Wage Case decision. ' Overaward' Payment is defined as the amount in rates of pay which an employee would recei ve in excess of the minimum award wage as presc ribed in th is Award for the classification in which such employee is engaged which appli ed immedi ate ly prior to the date of operation of th is variation: Provided that th is defini tion shall exclude overtime, shift allowances, penalty rates, expen se re lated allowances, industry al lowances, disability allowances, vacat ion allowances, special rates or allowances, responsibi lity al lowances, or any other ancillary payments of a like nature described by th is Award. Note 3 The percent age relativities column relates to percentages applying before the application of the $8.00 arbitrated sa fety net adjustment made in accordance w ith the February 1994 Review of Wage Fixing Principl es . The percentage relativiti es are based on a base rate and suppl ementary payment totall ing $417.20 per week. (2) Any wage increases resu lting from t he implementation of the salary st ructure of th is Award shall be absorbable into overawa rd payments. Any wage increase resulti ng from the conversion of motor ve hi cl e categories from ca rrying capacity to GVi\NCCM operat i ve from 3 February 1994 shall al so be subject to absorption into overaward payments. (Note: For the purposes of determini ng the wage increase res ulting from the impl eme ntation of the salary structure, the allo wances prescribed by clause 3.5(21) for drivers of rubbish and san i tary vehicles and their assistants shall be taken into accoun t) . -- 1 of 2 -- 944 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (3) Any em pl oyee employed by a local authori ty prior to 3 February 1994 w h ose wage rate was ca lculated on the carry ing capaci ty of a motor veh icle, shall not be disadvantaged by the conversion to GCM or GVM." . Dated this seven th day of March, 1994. By the Commiss ion, [L.S.) M.J CALLEN, Industrial Registrar. Operative Date: 7 March 1994 Variati on - $8 Safety Ne t Adjustment Re l eased: 20 Apri l 1994 #################################################### (29 April , 1994 29 April, 1994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 945 -- 2 of 2 --