Australian liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Restaurant-Caterers' Association of Queensland and Others [1994] QIRC 9 (1994) 145 QGIG 236

236 QU EENSL AN D GOVERNM ENT IND US TRIAL GAZETTE [28 J anu ary, 1994 #################################################### QUEENSLAND INDUSTRIAL RELATIONS COMM ISSION Industrial Relations Acr 19 90 s. 131 - application for va ri ation Australian l iquor, Hospital i ty and M i sce llaneous Wo rk ers Un ion, Queensland Branch, Un ion of Emp loyees ANO Res tau rant-Caterers' Association of Queensland and Others (N o. R 12-4B of 1990) CAF E, RESTA URA NT AN D CATERING AWARD - SOUTH -EA STER N D IVI SI O N COMM ISS IONER BOUGOUR E 10 Ja nuary 1994 VARIA TI ON THIS matter com ing on for hearing before the Commission at Br isbane on 5 November and 7 Decemb er 1993, this Commission doth order that the sa id Aw ard be vari ed as follows as from the ten th day of Ja nuary, 1994:- 28 Jan uary , 1994] QUEENSLAN D GOVE RNME NT INDUSTRIAL GAZETTE 237 1. By deleting cl ause 6 (Defini tions) an d insert ing the following in lieu thereof: - "De finition s 6.(1) 'Food and Beverage Stream· - (a) Food and Beverage Attendant Grade 1 shall mean an employee who i s engaged in any of the fol lowing:- picking up gl asses; emptyi ng ash t rays; general as sistance to Food and Beve rage Attendants of a fl igher grade not includ ing seivice to customers; removing food pla tes; se tting and wip ing d own tabl es; monit oring, cleaning and ti dying of associated areas duri ng normal opening hours where such duti es are incidental to the empl oyees ma in duties. (b) 'Food and Beverage Attendant Grade 2' sha ll m ean an employee who has not achieved the appropriate level of train ing and who is engaged in any of the foll ow ing:- supplying, dispensing or mixing of liquor; undertaking of general waiting duti es of both food an d/or beverag es including cl ean ing of tabl es and resta urant equipment; receipt of monies; selli ng of special is t stock lines; attending a snack bar; en gaged on delivery du ti es; general receival and distribution of goods; taking rese ivations, greeting and seat ing guests under general supeivision; assis t in maintenance of dress standards and good or de r in the establishment; se tting up on si te for sm all pa rties. (c) ' Foo d and Beverage Attendant Grade 3• shal I mean an empl oyee w ho has the approp riate level of t ra ining and is engaged in any of the foll owi ng:- supp ly ing, dispens ing or mi xing of liquor; undertaking general waiti ng duti es of both food and liquor, including clean i ng of tables; receipt of moni es; se lling of spec i al ist stock li nes; taking reservations, greet ing and sea ting guests; general security including security of keys and supervision of dress stan dard maintenance and good order in the estab li shment; ass i st ing in the tra ining and supervision of Foo d and Beverage Attendan ts of a l owe r grade; sett ing up on site for small parti es. (d) 'Food and Beve rage Attendant Grade 4' shall mean an employee who has the approp ria te level of training and is engaged in any of the io l low ing:- full control of a cellar or li quor storeroom (includi ng the receipt, delivery, recording and orderi ng of goods within such an area); mixing a range of sophi st icated drinks; su peiv ision and tra ining of Food and Beverage Allendants of a l ower grade. (e) 'Food an d Beverage Attendant Grade 5' shall mean an employee who has completed an apprentic esh ip in waiting. or who has been accred ited as such, or w ho is assessed as having sk ills of a similar level and who is engaged in the foll ow ing:- general and speciali sed skill ed duti es in a fine dining room or restaurant; (/) 'Food and Beve r age Attendant Grade 6' shall mean an employee who has the appropri ate level of t ra ining including a supervisory cou rse an d who is engaged in any of the fol lo wing:- responsibility for the supeivision, training and co- ordination of food and beverage staff; stock control for a bar or bars including administ ra tive and accounting act iviti es; re sponsibility for the maintenance of service and operational standards. (2) 'Kitchen Stream' - (al Kitchen Attendant Grade shall rnea n an employee engaged in any of the fol lo wing:- general clean ing duti es w ithin a kitchen or food preparation area and scullery, incl uding the cleani ng of cooking and general ute ns i ls used in a kitchen and restaurant; assis ting employees who are cook ing; ass embly and preparation of ingredi en ts for cooking; preparation of sa l ad ingred ients and/or distribution to a sa l ad bar; genera l pantry duti es. (b) ' Kitchen Attendant Grade 2' m ea ns an employee who has the appropriate level of training, and who Is engaged in any of the fol l ow ing:- speciali sed non-cooking duties in a kitchen or food preparation area; assist ing in t he supervision and training of Ki tchen Attendan ts; general receiva l and distribution of goods. (cl ' Kitch en Attendant Grade 3' sha ll mean an employee who has the appropriate level of trai ni ng including a supervisory course, and who is engaged in the follow ing:- - responsibility for t he supeiv is ion, training and co- ordination of Kitchen Attendants of a lower grade. (d) ·cook G rade 1• shall m ean an employee w ho is engaged in the foll ow ing:- cooking of breakfasts and snac k s, baking, pastry cooking or butchering. (eJ 'Cook Grade 2' shall mean an employee who has the appropriate level of train i ng and who is engaged in any of t he fol l ow ing:- cooking duti es incl uding baking, pastry cooking or butchering; serting up of an on si te kitchen. (f) 'Cook (T radesperson) Grade 3' sha ll mean an employee who h as completed an apprenti cesh ip or who has passed the appropriate trade te st, and who is engaged in any of t he foll ow ing:- cooking, baking, pas t ry cooking or butchering duties; setting up oi an on si te kitchen. (g) 'Cook (T radesperson) Grade 4 ' shal l mean an employee who has co mp leted an appren ti ceship or h as passed t he appropriate trade test and who is engaged in any of t he foll ow ing:- general or specialised cook ing, butchering, baking or pastry cooking duties; -- 1 of 3 -- 238 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [28 January, 1994 supervision and training of other cooks or kitchen employees. (h) 'Cook (Tradesperson) Grade 5' shall mean an employee who has completed an apprenticeship or has passed the appropriate trade test in cooking, butchering, baking or pastry cooking and has completed additional appropriate training and who performs any of the following:- general and specialised cooking, butchering, baking or pastry cooking duties; supervision and training of other cooks and kitchen employees; ordering and stock control; sole responsibility for other cooks and kitchen employees including co-ordination in a single kitchen establishment. (3) Introductory Level shall be applicable if an employee has not achieved the appropriate level of training and has less than three months experience either in the restaurant and catering industry or in another industry where the employee performed work similar to that which the employee is required to perform under this Award. (4) Appropriate Level of training shall mean:- (a) Completion of a training course deemed suitable according to guidelines issued through Tourism Training Australia for that particular classification. After 1 January 1992, such course to be accredited by the Australian Hospitality Review Panel. (b) That the employee's skills have been assessed to be at least the equivalent of those attained through the suitable course described in provision (a) such assessment to be undertaken by a qualified skills assessor, or (c) That for a transitional period until 1 July 1995, the employee can be deemed to have the appropriate level of training. (d) Any dispute arising in relation to this clause shall be resolved in accordance with the provisions of clause 6A (Dispute Settling Procedure) of the Award. (5) 'Cafeteria' shall mean any self-service catering establishment and for the purposes of this Award, shall be deemed to include buffets or catering services, but excluding those sections of industrial establishments which perform a like service for employees. (6) 'Soft Drink Shop' shall mean a shop, other than a Chemist's shop, where non-intoxicating drinks are sold over or taken at a counter and where no tables are provided for customers: Provided that this definition shall only be deemed to apply to a shop which functions principally as a soft drink shop. (7) 'Employees' shall mean all classes of employees for whom rates of pay are prescribed herein and shall include shop assistants employed in soft drink shops, confectioners' shops and pastrycooks' shops. (8) 'Casual Employee' shall mean an employee who is paid by the hour and is usually engaged for less than forty hours per week and/or persons engaged to work at the Brisbane Showgrounds in connection with the Royal National Agricultural and Industrial Show. (9) 'Union' shall mean Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees. (10) 'Day' shall mean the period from midnight to midnight on any one day. (11) 'Catering Services' - For the purposes of Part IV of this Award, the term shall be deemed to mean and include a cafe, restaurant or counter from which meals and/or light refreshments, which are prepared or partially prepared on the premises, are served and/or sold to customers for consumption on the premises and/or elsewhere: Provided that the terms shall not be deemed to include any restaurant at which the sale and/or serving of liquor is permitted. (12) 'Part-time Employee' shall mean an employee, not being a casual, who is engaged as such in pursuance of clause 16A of this Award. (13) 'Shop Assistant' shall mean an employee who is employed in the serving of customers in a pastrycook's shop.". 2. By deleting clause 22 (Wages) and inserting the following in lieu thereof:- "Wages 22.(1) Subject to clause 21A hereof the minimum rates of wages to be paid to the undermentioned levels of employees shall be as follows:- The new classification structure expresses the interim total rate payable, being the combination of the base rate (including broadbanding adjustments) and the first minimum rates adjustment. Such minimum rates adjustment is to be absorbed into overaward payments where such payments are being made. The interim total rates for classifications marked with an asterisk (*) are comprised of a current notional rate together with a separately expressed first of four equal minimum rates adjustments. Appendix A attached to this Award lists amounts involved in broadbanding. Such amounts are to be absorbed to the extent of equivalent overaward payments. 'Overaward Payment' is defined as the amount (whether it be termed 'overaward payment', 'attendance bonus', 'service increment' or any term whatsoever) which an employee would receive in excess of the 'Award Wage' which af plied immediately prior to the date of operation o any broadbanding or minimum rates adjustment awarded by the Commission for the classification in which the employee is engaged: Provided that such payment shall exclude overtime shift allowances, penalty rates, allowances, fares and travelling time allowances and any other ancillary payment of a like nature prescribed by this Award. The ultimate relativities for the new classifications are as follows:- Level % Introductory 73 1 78 2 82 3 87.4 4 92.4 5 100 6 105 7 110 Classification (Definition Appendix A) Level 1. Kitchenman/ maid 2. Bar Attendant Drink Waiter Waiter Receptionist/ Cashier Cashier Cook Singlehand Cook Other Cook 3. 4. Head Waiter 5. Qualified Cook 6. Second Cook Food and Beverage 1 2 3 4 5 6 Base Rate (Including Broadbanding) Per Week $ 325.40 341.00 341.00 341.00 341.00 341.00 341.00 342.10 341.00 343.30 370.00 356.20 364.10 Kitchen Attendant 1 2 3 First Excess MRA Par'J1ent Per Week Per Week $ $ 8.50 0.30 0.30 0.30 0.30 0.30 0.30 2.10 0.30 5.30 3.90 15.30 18.50 Cook 1 2 3 4 5 Interim Total Wage Rate Per Week $ 333.90 341.30 341.30 341.30 341.30 341.30 341.30 344.20 341.30 348.60 373.90 371.50 382.60 28 January, 1994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 239 Classification (Definition Appendix A) Level 7. Chef or Chief Cook Persons not otherwise provided for: Introductory Level Base Rate (Including Broadbanding) Per Week $ 378.30 325.40 304.60 First MRA Per Week $ 20.20 3.50 Excess Interim Payment Total Wage .. Rate Per Week Per Week $ $ 398.50 328.90 304.60 * * Excess Payment - In addition to the base rate, excess payments prescribed above are to be paid for all purposes of the Award. Such excess payment shall not have any subsequent percentage based wage increase applied to it. Such excess payment shall be paid to all existing and future employees. (2) Junior Employees - Percentage of Minimwn Adult Rate % Under 17 years of age . . . . . . . . . . . . 55 17 and under 18 years of age 65 18 and under 19 years of age . . . . . . . . . . . 75 19 and under 20 years of age . . . . . . . . . . . 85 And thereafter at the appropriate rate prescribed for adults for the class of work being performed. Any employee aged 18 or 19 years who is engaged to dispense and/or mix and/or sell alcoholic beverages shall be paid at a minimum rate of $318.50 per week in the case of full-time employees and in the case of casual and part-time employees, at the appropriate rate based on the weekly rate provided above. (3) Soft Drink Shops - Notwithstanding anything prescribed elsewhere in this Award, special rates of pay and provisions shall apply to junior employees employed in soft drink shops calculated as follows:- Percentage of Minimwn Adult Shop Assistants' Rates % 15 and under 16 years of age 45 16 and under 1 7 years of age . . . . . . . . . . . 50 17 and under 18 years of age 55 18 and under 19 years of age 65 19 and under 20 years of age . . 75 20 and under 21 years of age . . . . . . . . . . . 85 And thereafter at the rate prescribed for adult employees working in soft drink shops. (4)(a) A casual employee shall mean an employee who is engaged as such and who is employed by the hour. (b) The rate of pay for casual employee shall be 1140th of the appropriate full-time rate prescribed in subclause (1) above with the addition of the appropriate loading, as prescribed by this subclause. These loadings are payable separately and are not be be compounded:- 19% for all ordinary hours worked; 69% where the rate of pay is prescribed as time and a-half; 119% where the rate of pay is prescribed as double time; 169% where the rate of pay is prescribed as double time and a-half. (c) The minimum period of engagement for a casual employee shall be two hours. (d) Casual employees may, by mutual agreement, be paid in the same manner as full-time employees or, in the absence of such agreement, at the termination of each engagement.". 3. By deleting the Appendix to the Award and following in lieu thereof:- "Appendix (1) Absorbable Broadbanding Adjustments:- Level 3 4 5 6 7 Previous Classification Kitchenman/maid Bar Attendant Drink Waiter Waiter Receptionist/Cashier Cashier Cook Singlehand Cook Other Cook Head Waiter Qualified Cook Second Cook Chef or Chief Cook inserting the Adjustment $ 4.10 4.10 4.10 1.20 1.20 NB: The broadbanding adjustment is to be absorbed into overaward payments, as defined in clause 22, where such payments are being made. (2) The following definitions have been replaced by the new classification definitions and are provided here to assist the parties to correctly classify existing employees and to correctly apply the appropriate wage rate including the excess amounts. The inclusion of these superseded definitions in this Appendix will be reviewed at the same time as the new classification definitions are reviewed by the parties. Definitions (a) 'Chief' or 'Chief Cook' shall mean an employee who has served an apprenticeship or who has qualified through an approved technical college or institution or who has obtained an equivalent qualification and who supervises and controls the work and employees in any kitchen where more than one Cook is employed. (b) 'Second Cook' shall mean an employee who is placed in charge of a kitchen in the absence of a 'Chef' or 'Chief Cook'. (c) 'Single Hand Cook' shall mean an employee, other than a qualified cook, who is employed as a cook and who does not have the assistance of other cooks. (d) 'Cook' shall mean an employee who is employed substantially in the cooking and/or preparing of food, but shall not be deemed to include other classes of Cooks as defined herein. Employees engaged in cooking eggs or making toast, teas, bouillon, or similar drinks, shall not be considered to be performing the work of a Cook. (e) 'Head Waiter' shall mean any employee appointed as such by an employer and who is responsible for the supervision of the work of dining room staff. (f) 'Waiter' of 'Waitress' shall mean an employee engaged in waiting upon tables for the purpose of serving food and refreshments (other than alcoholic beverages): Provided that such employee may also be required to work in a pantry or scullery. (g) 'Drink Waiter' or 'Drink Waitress' shall mean an employee who is engaged upon serving alcholic beverages for more than two hours in any one day. (h) 'Receptionist/Cashier' shall mean any female employee who is exclusively responsible for the reception of patrons and/or the receiving of moneys in payment for meals provided. (i) 'Cashier' shall mean any female employee in a cafeteria who is principally employed at a cash register to receive payment for meals. (j) 'Qualified Cook' shall mean a cook who has successfully completed, and can produce appropriate documentary evidence to his or her employer to the effect that he or she has successfully completed, an apprenticeship in cooking at a recognised school or college or who has passed an appropriate trade test in cooking at a recognised school or college. -- 2 of 3 -- 240 QUEENSLAND GOVERNMENT JNDUSTRIAL GAZETTE (k ) ' Ba r Attendan1· shall mean an employee who is engaged in serving an d/or di spe nsing and/or mi xing alco ho l ic beverages from a cocktail ba r or any other simil ar type of servery for more than t wo hours in any one day.". Dated th is ten 1h day of January, 1994. By the Commi ss ion, (L.S. ] M.J. CALLEN, Industrial Regis trar. Operative Da te: 10 January 1994 Varia ti on - N ew Classi fication Definiti ons and Wage Levels Re l eased : 18 January 1994 #################################################### [28 January , 1994 28 January, 1994] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 241 -- 3 of 3 --