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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 247 (1994) 146 QGIG 269

Case law · Queensland · 1994
268 QUEENSLAND GOVERNMENT IND US TRIAL GAZETTE [27 May, I 994 27 May, 1994] QUEENSLAND GOVERN MENT INDU STRIAL GAZETTE 269 ## # ########################## # ######## ## ###### ## #### QULENSLAND INDUSTRIAL RELAT IONS COMMISSION Industrial Relations Ac( 7990 s. 131 - appl icati on for variation Australian Liquor, Hospi tal ity and M iscellaneous Workers Union, Queensland Branch, Union of Emplo yees AND Queensland Confedera tion of Industry lim ited, Un ion of Employers and Others (No. 8641 of 1993) AWARD FOR AC C OMMODATION AN D C ARE SERVI CES EMP LO YEES IN HOM ES FO R AGED PERSON S - SO UTH -EA STERN DIVI SION COMMISSIONER BLOOMF IE LD 2 Ma rch 1994 VARIAT ION THIS matter coming on for hearing before the Commission at Brisbane on 2 March 1994, thi s Commission doth order that the said Awa rd be vari ed as fol lows as from the seventh day of March, 1994 :- 1. By deleting provision (d) of subclause (11) of clause 5 (Hours of Work) and i nserti ng the following in li eu thereof:- "(d) In cases where agreement ca nnot be reached as a res ult of consultation be tween the parti es, ei ther party may request the ass i stance or advice of their relevant employee or employer organi sation.". 2. By deleting subcl ause ( I) of clause 6 (Wages) and inserting the following i n lieu thereo f: - "W ages 6 .( 1)(a) Subject lo clause SA hereof, the minimum rates of wages payable to the fol lo wing cl asses of employees, excluding those i n resp ite ca re establishments, shall be:- interim M inimum Interim Cla;s;f. Supple• Award Rate ication mentary as from Rate Payment 713/9 4 Per \<\'eek Per Week Per Week s s s (Note 2l (Note n Chief Cook . . 406. 10 8.00 414.10 Cooks 389.80 8.00 397.80 Kirchenhands . .. 356.60 8.00 364.60 Domestics, Catering and All 01he1 Adu lt Employees - 1S1 Year 35 1.00 8.00 359.00 Thereafter . . . 356.60 8.00 364.60 Emp loy~es on Wash ing Mach ines, Rinse rs and Hydroex lfaClOrS, and Seam stres$&S - 1s1 Year 354. 10 8.00 362 10 ThereaftN . . . . . 358 60 8.00 366 &O O ther laundry Ha,1d s - 1st Year 351.00 8.00 359.00 Thereafter . . . 356.60 8. 00 364.60 Canteen As sista ms - ls.I Yea r 354 10 8.00 36210 Thereafte r 358.60 8.00 366.60 Gardeners . 358. &0 8.00 366.60 Note 1 The Awa rd Rate includes wage increases and adjustments ari sing from State W age Case deci sions co ll oqu i al ly referred to as : 2nd Tier AdJuSt m en t; 1s t (2 parts) and 2nd Structural Efficiency Ad ju stments; and $8.00 Safety Net Adj ustment. Note 2 The Supplementary payment at each classificati on level reflects th e $8.00 arbitrated safety net adjustment pri ncip le en unciated in the February 1994 Revi ew of Wage Fixing Pr in cip l es . Consi stent wi th the requi rem en ts of that pr inci ple the safety net ad j us tment is absorbable to the extent of any equivalent amoun t in rates of pay - whether overaward, award, industrial agreemen t or certifi ed agreement - in excess of the mi ni mum r ates (class ification rate an d su pplementary paymen t) prescribed in accordan ce w ith the October 1989 State Wage Case decision and adjusted in accordance wi th the July 1991 State Wage Case decision. 'Overaward' Pay ment is defined as the amoun t in r ates of pay wh ich an employee wou ld receive in excess of the minimum award wage as prescribed in this Award for the classification in wh ich such employee is engaged which applied immediately prior to the date of operation of this variation: Provided that this definition shal l exclude overti me, shift allowances, penalty ra tes, expense re lated allowances, industry allowances, d,sabil ity allowances, vacation allowances, special r ates or allowances, responsibi lity allowances, or any other ancillary paymen ts of a like nature describ ed by this Award. Trainee Entry - Employees other than Chief Cook or Cook during their fi rst year of service wi th an employer will receive the appropriate rate of pay for their classification less $2 .50 per week during the first three months of employmen t. However, should an employee be able to demonstrate competency acceptable to the Employ er at time of engagement, no deduction sh al l be made during the first three months of employment. (b) The rates of wages and the classificat i ons appl icable to employees in respite ca re establishment sha l l be subject to further negotiati ons and review and rema in for final determi nation.". Dated this second day of Ma rc h, 1994. By the Commission, (L. S.J M.J. CALLEN, Ind us trial Registrar. Operative Date: 7 March 1994 Variat io n - $8 SNA Released : 16 May 1994 -- 1 of 1 --