Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees and the Federated Clerks' Union of Australia, North Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers and Others [1994] QIRC 67 (1994) 145 QGIG 638

638 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 18 March, 1994 #################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 131 - application for variation Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees and the Federated Clerks' Union of Australia, North Queensland Branch, Union ot Employees AND Queensland Confederation of Industry Limited, Union of Employers and Others (No. R3-9 of 1989) CLERICAL EMPLOYEES AWARD - STATE COMMISSIONER BLOOMFIELD 28 February 1994 VARIATION THIS matter coming on for hearing before the Commission at Brisbane on 28 February 1994, this Commission doth order that the said Award be varied as follows as from the first day of March, 1994:- 1. By deleting subclause (2) "Partial Exemption" of clause 1.2 (Award Coverage) and inserting the following in lieu thereof:- "(2) Partial Exemption A clerk as defined herein, and who is remunerated at a level in excess of the highest award rate prescribed herein in the Southern Division, Eastern District, shall be exempt from the provisions of this Award except for those prescribed by clause 5.1 (Annual Leave); clause 5.3 (Sick Leave); clause 5.4 (Long Service Leave); clause 3.5 (Occupational Superannuation); and clause 2.5 (Preference of Employment): Provided that this subclause shall apply only to weekly full- time employees unless otherwise mutually agreed upon in writing between the employer and the Branch Secretary of the Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees and/or the Branch Secretary of the Federated_ Clerks' Union of Australia, North Queensland Branch, Union ot Employees.". 2. By deleting the second pa_ragraph of clause 2.3 (Time and Wages Records) and inserting the tollowing in lieu thereof:- "Such record shall be open to inspection during working hours bv an Officer of the Australian Municipal, Administrative, Clerical' and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union oi Employees and/or the Federated Clerks' Union of Australia, North Queensland Branch, Union of Employees, duly authorised under section 361 oi the Industrial Relations Act 1990.". 3. In clause 2.5 (Preference of Employment)- (a) by deleting from subclause (1) the words and brackets "Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees", where they appear on the second, third and fourth lines and inserting the tollowing in lieu thereof:- "Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees"; and (b) by deleting from subclause (2)(b) the words and numbers "section 13.53 of the Industrial Relations Act 1990- 1991" where they appear on the last line and inserting the following in lieu thereof:- "section 255 of the Industrial Relations Act 1990". 4. In clause 3.5 (Occupational Superannuation) - (a) by deleting from subclause (4)(e) the words and numbers "Section 13.53 of the Industrial Relations Act 1990-1991" where they appear on the third and fourth lines and inserting the following in lieu thereof:- "section 255 of the Industrial Relations Act 1990"; (b) by deleting from subclause (4)(f) the words and numbers "Section 13.53 of the Industrial Relations Act 1990-1991" where they appear on the second and the third lines and inserting the following in lieu thereof:- "section 255 of the Industrial Relations Act 1990"; (c) by deleting from subclause (4)(f) the word and number "Section 13.53" where they appear on the sixth line and inserting the word and number "section 255" in lieu thereof; (d) by deleting from subclause (7)(e) the words and numbers "Section 17.20 of the Industrial Relations Act 1990-199 7" where they appear on the first and second lines and inserting the following in lieu thereof:- "section 409 of the Industrial Relations Act 1990"; (e) by deleting from subclause (8) the words and number "Section 15.3 of the Industrial Relations Act 1990-1991" where they appear on the fifth and sixth lines and inserting the following in lieu thereof:- "section 362 of the Industrial Relations Act 1990"; and (f) by deleting from subclause (8) the word and number "Section 15.10" where they appear on the eighth lin_e and inserting the word and number "section 369" in lieu thereat. 5. By deleting from subclause (1 )(a) of clause 4.1 (Hours of Work) the words and brackets "Federated Clerks' Un1_on ot_ Australia (Central and Southern Queensland Branch) Union ot Employees" where they appear _on. the second, third and fourth lines and inserting the tollowing In lieu thereof:- "Australian Municipal, Administrative, Clerical and Services Union Central and Southern Queensland Clerical and Admi~istrative Branch, Union of Employees". 6. By deleting from subclause (2) of clause 4.2 (Overtime) the words and numbers "section 11.1 of the lndustnal Relations Act 1990- 199 7" where they appear on the second and third lines of the Note and inserting the following in lieu thereof:- "section 140 of the Industrial Relations Act 1990". 7. In clause 4.5 (Shiftwork) - (a) by deleting from subclause (1) the words and brackets "Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees" where they appear on the third and fourth lines and inserting the following In lieu thereof:- "Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees"; and (b) by deleting from subclause (2) the words and brackets "Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees" where they appear on the fourth and fifth lines and inserting the following in lieu thereof:- "Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees". 8. By deleting from subclause (2) of clause 5.6 (Parental Leave) the words and numbers "section 15.4.1 of the Industrial Relations Act 1990-1991" where they appear on the second and third lines and inserting the following in lieu thereof:- "section 363 of the Industrial 8.elat10ns Act 7 990". 9. In clause 6.13 (Training and Skills Program (TASK)) - (a) by deleting from the first paragraph of subclause (6) the words and brackets "Federated Clerks Union of Australia (Central 18 March, 1994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 639 and Southern Queensland Branch) Union of Employees" where they appear on the third and fourth lines and inserting the following in lieu thereof:- . "Australian Municipal, Administrative, Clerical and Services Un1o_n,_ Central and Southern Queensland Clerical and Admin1strat1ve Branch, Union of Employees'; and (b) by deleting from the second paragraph of subclause (6) the words and brackets "Federated Clerks Union of Australia (Central and Southern Queensl_and Branch) Union of Employees" where they appear on the first, second and third lines and inserting the following in lieu thereof:- "Australian Municipal, Administrative Clerical and Services Unio_n, Central and Southern Quee~sland Clerical and Adm1n1strat1ve Branch, Union of Employees". 10. By deleting Schedule D and inserting the following in lieu thereof:- "Schedule D This Sch_edule sets out the new wage rates prescribed by this Award effective from 1 March 1994 which includes the fourth minimum rates adjustment (MRA). Employees employed by the employer prior to 1 March 1993 are entitled to be paid under Schedule C or under this Schedule whichever prescription is the higher. ' This Schedule and Schedule C will be deleted after the fourth MRA scheduled for 1 March 1994, after which one set of wage rates will be contained in the main body of the Award. The following rates, or the rates and allowances prescribed by Schedule C, whichever prescription is the higher, shall apply:- 5outhern Division (Eastern District) 1. Clerks and Switchboard Attendants (without any allowances) 2 7 and under 22 years of age as at 28 February 1993 - $ 352.90per week. From 1 March 1994 Rel,H1v1tv Fourth NPw Wage Ab<:.orbable Rate MRA PPr \\leek Per Week LEVEL $ $ 88% Year 1 3.55 367.10 90% Year 2 5.65 3 75.50 92% Year 3 7.80 383.80 94°/o Year 4 9.90 392.20 LEVEL 2 96% Year 1 11.90 400.50 98% Year 2 14.00 408.90 100% Year 3 16.15 417.20 LEVEL 3 107% Year 1 23.45 446.40 110% Year 2 26.50 458.90 LEVEL 4 112% Year 1 28.60 467.30 115% Year 2 31.80 479.80 LEVEL 5 122% Year 1 39.10 509 00 125% Year 2 42.15 521.50 2. Clerks 22 and under 23 years of age as at 28 1993 (without any allowances) - $359.60 per week. February From 1 March 7994 Relativity LEVEL 88% Year 1 90% Year 2 92% Year 3 94% Year 4 LEVEL 2 96% 98% 100% LEVEL 3 107% 110% LEVEL 4 172% 115% LEVEL 5 122% 125% Year 1 Year 2 Year 3 Year 1 Year 2 Year 1 Year 2 Year 1 Year 2 fourth Absorbable MRA Pn Wet>k $ 1.95 4 05 6.05 8.15 10.30 12.40 14.40 2170 24.90 27.00 30.05 37.35 40.55 New WagP Rdte Per Week s 367.10 375.50 383.80 392.20 400.50 408.90 417.20 446.40 458.90 467.30 479.80 509.00 521.50 3. Clerks 23 and under 24 years of age as at 28 February 1993 (without any allowances) - $ 366.40per week. From 1 March 1994 Relativity LEVEL 88% 90% 92% 94% LEVEL 2 96% 98% 100% LEVEL 3 107% 110% LEVEL 4 112% 115% LEVEL 5 122% 125% Year 1 Year 2 Year 3 Year 4 Year 1 Year 2 Year 3 Year 1 Year 2 Year 1 Year 2 Year 1 Year 2 Fourth Absorbable MRA Per Week $ 0.25 2.35 4.35 6.45 8.60 1070 1270 20.00 23.20 25.30 28.35 35.65 38.85 Nt!w Wage Rate 367.10 375.50 383.80 392.20 400.50 408.90 417.20 446.40 458.90 467.30 479.80 509.00 521.50 4. Clerks 24 years of age and over as at 28 February 1993 (without any allowances) - $ 372.90per week. From 1 March 1994 Relat1v1ty LEVEL 88% 90% 92% 94cyo Year 1 Year 2 Year 3 Year 4 Fourth Absorbable MRA PPr Week $ 0.65 2.80 4.90 New \YagP Rate Per Week $ 367. 10* 375.50 383.80 392.20 -- 1 of 2 -- 640 QU EENSLAND GOVERNMENT INDUSTRIAL GAZETTE Relat iv ity Fourth New Wage Ab>o<b able Rate MRA Per W e ek Per Week s s LEVEL 2 96% Yea r 1 98% Yea r 2 100¾ Year 3 6.90 400.50 9.00 408.90 11.15 417.20 LEVEL 3 107% Yea r 1 11 0% Year 2 18.45 446.40 21.50 458.90 LEVEL 4 112% Yea r 1 23. 60 467 .30 1 15 % Year 2 26.80 479.80 LEVEL 5 122% Year 1 125% Year 2 34.10 509.00 37 15 521 50 Note: • Clearly no clerk i n this age group employed by the employer pr i or to 1 March 1993 would receive the Year 1 rate i n Level 1 above, as th is is below the award rate of $37 2.90 wh ich appli ed as at 28 Feb ruary 1993 (even w it hout any allowances). 5. Absorption of Minimum Rates Adjustments - The M inimum Rates Adjustments (MRA' s) as prescribed above are in substitution of any overaward payment as defined hereunder which would otherwise have been pa id as of 1 March 199 4. ' Overaward Parment' is defined as the amoun t (whether it be termed ·overawarc paymen t', 'attendance bonus', 'servi ce increme nt ', or an y term w hatsoever) wh ich an employee wou ld receive in excess of 1he 'Award Wage' which applied as at 28 February 1994 for the cl ass ification in which the employee is engaged: Provided that such payment shall excl ude overt ime, shift allowances, penalty rates, al lowance s, fa r es and travelling ti me allowances and any other ancillary payment of a li ke nature prescrib ed by this Award. 6. Divisional and District Allowance - Where re levant, the appropriate all owance prescrib ed by clause 3.6(2} is payable in addition to the foregoi ng rat es of pay.". Dated thi s twenty-eig hth day of Feb ruary, 1994. By the Commission, (l.S.] M.J. CALLEN, Industrial Registrar. O perative Date: 1 March 1994 Variation - 4th MRA Released : 9 March 1994 #################################################### [ 18 March, 1994 I 8 March, I 994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 641 -- 2 of 2 --