Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees and Another v Retailers' Association of Queensland Limited, Union of Employers and Another [1993] QIRC 483 (1993) 144 QGIG 936

936 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETT E [17 Decemb er, 1993 # # ############## ## ###### # ##### # ## # ### ## # # # ##### # #### QU EE NSLAND IND US TRIAL RE LAT IONS COMM ISS ION Industrial Relations Act 1990 s. 13 1 - applic at ion for variation Au stra li an Mun i cipal, Admin istra tiv e, Clerical and Serv i ces Union, Cen tra l and Southern Queensland Clerical and Administrative Branch, Un ion of Employees an d Another AND Retailers' Associ at ion of Q u ee nsland Lim ited, Uni on of Employers and Another ( No R3 -6 of 1989) RETA I L IN DUSTRY INTERIM AWARD - ST ATE COMM ISS IONER BLOOMFIELD 24 Augu st 1993 VARIA TI ON TH IS matter coming on io r heari ng before the Commi ss ion at Bri sbane on 24 August 1993, this Commission dot h order that the said Awa rd be va ri ed as fo llows as from t he twenty-fourth day oi Augu st, 1993:- 1. In the Arrangemen t of Awa rd - (a) under Part 6 - M i sce llaneous Provisions, by ad ding the fol lowi ng:- "Clerks On ly - Shift Work .. .. .. 6. 11 "; (b ) by ad di ng to the list of schedul es the foll ow ing - "Schedule 6 Sch ed ule 7"; and (cJ by adding the foll ow ing - "Appendix 1 - Translation Guide (C lerks O n ly)". 2. By deleling clause 1.2 (Award Coverage) and inserting the fo ll owing in li eu thereof:- " 1.2 Awa rd Co verage The Award rescinds and repl aces the fo ll ow ing Awards and Industrial Agreem ents: - Shop Ass i sta nts' (General) Award - So uthern Division Sh op As si st an ts' and Sto re men and Packer s' in Re tail Stores Awa rd - Central Division Sho p /1ss istants' ,~ward - Northern and Ma ckay Divi sions Retai l Industry - F.M.W .U. - Industrial Agreement Photographic Employees - Retail Stores - Industria l Ag re ement Cafeteria Employees {Re tai l Sto res} Award Sta te (Excl uding South-Ea st Queenslan d) Award - State Second Tier In dustri al Cafeteria Emp lovees (Re1a il Sto res ) (E xcluding So uth -E ast Q u eensl and) Agreement - R.A.Q. and A.W. U . Agr ee ment Catering Serv i ces Staff (Reta il Stores) Awa rd - So uth- Eastern D ivision Thi s interim Award appli es to empl oyees io rmerly covered by the Clerks an d Sw i tchboard AHendants in Re tail Stores Award - State (resc inded as from 24 August 1993). 17 December, 19 93 ) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 93 7 T.his Award sh al l apJ) ly to all empl oyees en g aged in the reception and/or prepara tion and/or hire and/or sa le and/or delivery (excepting any employees engaged solely in th e delivery of n.ewspaper s) .and/or installa ti on of any goo ds and/or se rvi ces by r eta il, and appli es to persons employed wholly or princi pa ll y as a clerk as defined herein. This Award also appli es to employees covered b y: (1) the Garage and Se rvi ce Sta ti on Attendants' Awa rd - State (E xcluding South- Eas tern D istrict); the Motor ing Services Awa rd - South-Eastern Di st r ict; Industrial Contract and Food Serv ic es Awa rd where such empl oyees are employed in a reta il establi shmen t such as a department st ore, discounl department store or supermarke t, and ( 2) th e M i sce llaneous Workers' Award - St at e, wh ere such employees are em ployed in a reta il es tabli shm ent. Th is Award with the exception of clauses 3.5, 5.1, 5. 2, 5 3 and 5.4 wit h the excep tion of employees engaged in the demonstr at ion and/or sa le an d/or hire and/or ren tal of t el evi si on receivers and/or parts in the homes of pros pective clien ts shal l not ap J) ly to emp loyees (excluding clerks) in receipt of a weekl y wage which 1s equal or great er t~an 125 per cent of the ra te prescribed 1n the A wa rd for Shop Assistants. This amount sh al l be excl us ive of bonuses or commissions. This Awa rd appli es to persons emplo ye d whol ly or pri nc ipally as a clerk as del ined h ere in within the State of Que ens land; but excludin g: A clerk as defined herein, and who is re munerated at a level in exce ss of the high est awa rd rate prescribed herein or $5 10.00 per week in th e Sou thern Di vi sion, Easte rn D istrict wh ichever is the higher (s ubj ec t to any state w ag e case incr e~ ses) shall be exempt from the provisions of this award except for those p resc ribed by clau se 5.1 (A nn ual l eave); clause 5.3 (S ick leave) cl au se 5. 4 (l ong Service Leave); clause 3.5 (Occupational Superan nuation) and clause 2.5 (Prefe re nce): Prov id ed that this subclause sha ll apply only to week ly ful l- ti me empl oy ees unle ss otherwi se mutu al ly agreed upon in wr iting between t he employer and the Branch Secre tary of the Australian Mun ici pa l, Administrative, Clerical and Serv ices Un ion, Central and So uthern Queensland Cl eri ca l and Ad ministra tive Branch Un ion of Emp l oyees and/or the Branch Secre tary of the Federa ted Clerks' Union of Australia. North Queensland Branch, Union of Employees. (N OTE: the refere nce to $51 0. 00 per w eek ab ove shal l be deleted at the time of the final M inimum Ra t es Adjustment schedul ed for 1 Ma rch 1994.J . Th is .Award shall not apply to any e mp loyees engaged solely in the de livery of newsp ap ers. Th is Award sha ll also apply to contractors and/or sub- contractors an d their emplo yees performing or executing any work to which th is Award ordinarily is applicabl e. As to the employers named in Schedule 2 to this Award the provisions oi the Award are modi fi ed in accordance wi th' the requirements of t he individual order list ed in such Sc hedul e. ". 3. By deleting clause 1 .4 (Date of Operat ion) and inserting the fo ll ow ing in li eu thereof:- "1.4 Date of Operation Thi s Award shal l take effect and have Ihe force of law throughout the. St ate of Quee.nsland as from the ten th day of May, 1993 (except tor t he class 1f1cat1 on structure an d wage ra tes for clerks, operative from the twenty- fo urth day of August, 1993). And thi s Commi ss ion doth further order that any of th e parti es are to be at liberty to apply to this Comm iss i on as they may be advi se d.". 145 821 - 80 4. By deleting clause 2. 1 (Cont rac t of Employment) and inser ti ng the follow ing in lieu th ereof:- "2.1 Contract of Employment . . ( 1J Sou thern. and Central Divisions - (a) Except wh ere a d1stmct1on, excl us ion of preference 1s b ased on the inherent re quirements of a particular position, ra ce, colour, sex mari tal sta tus, fa mi\y responsi b. iliti es, pregnancy, re ligion, 'pol it ical opm,on, na!fonal extract ion and social origin, te rmin at i on of employment based on any of those factors m ay form th e bas i s fo r a findin g by the Commi ss ion tha t t he dismi ssa l w as h arsh, unj ust or unre asonabl e. (b) Statement of Emplo yment - The employer sha ll, in the event of termination of employment, prov ide upon request to the employee who ha s b ee n terminated a w ritten stat ement specifying the peri od of employment an d the cl as sification or type of work per formed by the employee. (c) Engagement of Employees - Clerks O nly - At the point of engagement of each employee, the employer shall sp ec ify whether the engagement i s on a w ee kly, part-time or casu al basis. (d) Terminacion by Employer - (Excluding Clerks) - (i) In order to terminate the emp loyment of a weekl y or part-time e mp loyee the employer shall give th e follo wi ng noti ce in wri tin g: - Pe,iod of C.ontinuous Service 1 week or l ess 1 year or less 1 yea r and up to the completion o f 3 years 3 years an d up to the comp le1 ion of 5 years S years and over Period of Notice 1 day 1 week 2 weeks 3 weeks 4 weeks (ii) In addition to t he no tice in (i) above, week ly or part- ti me employees over forty-five (4 5) years of age at the ti me of giving of notice and wi th no t l es s than two (2) years continuous servi ce, shall be en ti tl ed to an additional weeks notice. (iii) Payment in li eu of no ti ce shall be made if th e appropriaIe notice is no t given: Provided th at empl oyment may be terminated by pa rt of the peri od of no ti ce specified and part payment in li eu th ere o f. (iv) In calculating any payment in li eu of noti ce the ordinary time rate of p ay for the employ ee concerned sha ll be used. (v) The peri od of notice in th is provis ion shall not apply in the case .o f d is mi ssa l. for miscondu ct or other grounds that 1u st 1f1ed i nsta nt dismissal, or in t he case of casua l or seasona l em plo yees, or to employees on da ily or ho urly h ire, or employees eng aged for a sp ec if i ed peri od of time or for a speci fic task or tasks. (e) Notice of Termination by Employee - The no tice of tern1i nation requi red to be given by an employee sha ll be in wri ting and also shall be the same as th at required of an employer. save and except th at there sha ll be no ad dit ional not ice based on th e age of the employee concerned. If an employee fai l s to give notice the employer sh all have the .right to withhold mon eys due to the emp loyee with a maxi mu m amo unt equal to the ordinary ti me rate for the period of noti ce. (t) Disputes and Claims Settleme nc Procedure - Any d ispute or claim ari si ng under this cl ause should be d ealt wi th in the following manner:- (i) as soon as is practicable after the dispu te or cla im h as arisen, 1he employee concerned wi ll take th e matter up wit h the employee's immediale supervisor, affording the emp loyee the opportunity to re medy th e cause of the dispute or cla im; (ii) wh ere any such anempl at sett lement has fa il ed or wh ere the dispute or cla im 1s of such a natu re that a direct discussion between the employee and the immedi ate supervisor would be inappropri ate, the empl oyee sh al l notify a duly au thorised repr esen tat ive -- 1 of 5 -- 938 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [17 December, 1993 of the employee's industrial organisation who, if the employee considers that there is some substance in the dispute or claim shall forthwith take the matter up with the employer or the employee's representative; (iii) if the matter is not settled it shall be submitted to the Queensland Industrial Relations Commission which will conci Iiate with the parties to resolve the issue, or fai I ing settlement by conciliation, shall arbitrate to resolve the issue. (g) Time Off During Notice Period - During the period of notice of termination given by the employer to a weekly or part- time employee, such employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer. (h) Notwithstanding the above subclauses, the period of notice of termination may be changed by mutual consent in writing between an employer and an individual weekly or part- time employee, so that a minimum period of one week's notice is recognised. (i) Reference - A written reference or certificate of service shall be given to each employee on termination of service with an employer. (2) Northern and Mackay Divisions - Except in the case of casual employees, the engagement shall be a weekly one, terminable by a week's notice in writing on either side, or payment or forfeiture of a week's wages in lieu thereof. Such week's notice shall not be counted as annual leave: Provided that any employee who is guilty of misconduct, dishonesty, or drunkenness may be dismissed at any time without notice or wages in lieu of notice. Except as to summary dismissal one day's notice or one day's payment or forfeiture ·1n lieu of notice, shall apply on either side during the first week of employment of both weekly or part- time employees. (3) Notice and Termination of Service in Cases Other Than Redundancy for Clerks Throughout the State - Except in circumstances where the provisions of clause B (Introduction of Changes) and of clause C (Redundancy) of the Statement of Policy referred to in clause 2.2 (Introduction of Changes, Termination of Employment in Cases of Redundancy) apply, one week's notice shall be given by either party on the termination of service, or one week's salary allowed or forfeited in lieu thereof, except in cases of dishonesty, drunkenness or insubordination, when an employee shall be subject to instant dismissal and entitled to their salarv and all holiday pay due to the employee up to the time of· such dismissal: Provided that the week's notice cannot be counted as annual leave or part thereof. In the application of above, the provisions of clause AS (Disputes and Claims Settlement Procedure) of the Statement of Pol icy referred to in clause 2.2 (Introduction of Changes, Termination of Employment in Cases of Redundancy) shall apply. Except as to summary dismissal one day's notice or one day's payment or forfeiture in lieu of notice, shall apply on either side during the first week of employment of both weekly or part- time employees.". 5. By deleting subclauses (3) and (4) of clause 3.1 (Definitions) and inserting the following in lieu thereof:- "(3) 'Senior Employee' shall mean any shop assistant or clerk, male or female, twenty-one (21) years of age or over: Provided that a shop assistant under twenty-one (21) years of age who received not less than the rate of wages prescribed by this Award for an employee of the age of twenty-one (21) years shal I be regarded as a senior employee. (4) 'Casual Employee' shall mean an employee who is engaged as such and who Is employed for not more than thirtv (30) hours in any one {1) week. • In respect to clerks 'Casual Clerk' shall mean a clerk engaged by the hour, who may leave the employer's service or be discharged at any moment without notice.". 6. In clause 3.2 (Classification Structures) by adding a new subclause (3) as follows:- "(]) Clerks Classification Structure - (a) 'Clerk' shall include any person employed either exclusively or principally in the pursuit or vocation of writing, engrossing, typing or calculating, whether by ordinary means or by means ot any process calculated to achieve a like result, and/or in invoicing, billing, charging, checking, or otherwise dealing with records, writings, correspondence, books and accounts. The term 'clerk' also includes any person engaged exclusively or principally in attending to telephone switchboards, receiving and answering calls, and manipulating any apparatus to enable people to converse, as well as manipulating any keyboard or other apparatus to facilitate communication, or in any other clerical capacity whatsoever, but does not include persons engaged solely in collecting money out of doors. (b) 'Classification Criteria' are guidelines to determine the appropriate classification level under this award and consist of characteristics and typical duties/skills. The characteristics are the principal or primary guide to classification as they are designed to indicate the level of basic knowledge, a comprehension of issues, problems and procedures required and the level of responsibility/accountability of the position. The totality of the characteristics must be read as a whole to obtain a clear understanding of the essential features of any particular level and the competency required. The typical duties/skills are a non-exhaustive list of duties/skills that may be comprehended within the particular level. They are an indicative guide only and at any particular level employees may be expected to undertake duties of any level lower than their own. Employees at any particular level may perform/utilise one such duty/skill, or many of them, depending on the particular work allocated. The key issue to be looked at in properly classifying an employee is the level of initiative, responsibility/accountability, competency and skill that the employee is required to exercise in the work he/she performs within the parameters of the characteristics and not the duties he/she performs per se. It will be noted that some typical indicative duties/skills appear at only one level, whereas others appear in more than one level with little apparent differentiation. However, when assigning a classification to an employee, or when reclassifying an employee, this needs to be done by reference to the specific characteristics of the level. For example, whilst shorthand is first specifically mentioned in Level 2 (100 wpm) in terms of typical duties/skills, it does not mean that as soon as an employee performs any shorthand that they automatically become Level 2. They would achieve a Level 2 classification when they have achieved the level of initiative, responsibility/accountability, skill and competency envisaged by the characteristics. Level 1 in this structure is to be viewed as the level at which employees learn and gain competency in the basic clerical skills required by the employer, which in many cases, would lead to progress through the classification structure as their competency and skills are increased and utilised. (c) Classification Levels - All adult employees shall be classified in one of the following levels:- LEVEL 1 Range = 88%-94% Employees shall be graded at this level where the principal characteristics of their employment, as determined by the employer, are identified as follows:- Characteristics Employees at this level may include the initial recruit who may have limited relevant experience. Initially work is performed under close direction using established practices, procedures and instructions. Later, work is likely to be pertormed under routine supervision with intermittent checking. Such employees perform routine clerical and office functions requiring an understanding of clear, straightforward rules or procedures. Problems can usually be solved by reference to established practices, procedures and instructions. 17 December, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 939 Employees at this level are responsible and accountable for their own work within established routines, methods and procedures and the less experienced employee's work may be subject to checking at all stages. The more experienced employee may be required to give assistance to less experienced employees in the same classification. Typical Duties/Skills Indicative typical duties and skills of this level may include:- Directing telephone callers to appropriate staff, issuing and receiving standard forms, relaying internal information and greeting of visitors, e.g. reception, switchboard. Telephonists involved in the manipulation of communication apparatus, including computerised keyboard/switchboard. Maintenance of basic manual and/or computerised records. Filing, recording, matching, checking and batching of accounts, records, invoices, orders, store requisitions etc. Han_dling, recording or distributing mail including messenger service. Simple stock control functions (e.g. seeing that the office or department has adequate supplies of stationery, standard printed forms, tea room amenities etc.) within clearly established parameters. Copy typing and audio typing. The routine operation of a range ot equipment including adding machines, calculators, cash registers, facsimile and telex machines, photocopiers, guillotines, franking machines, switchboard, computerised radio/telephone equipment, or any other equipment to facilitate communications, paging systems, telephone/intercom systems, telephone answering machines. The basic use of keyboard operated equipment including typewriters/computers, word processing, micro personal computers and attached printers. LEVEL 2 Range = 96%-100% Employees shal I be graded at this level where the principal characteristics of their employment, as determined by the employer, are identified as follows:- Characteristics This level caters for the employees who have had sufficient experience and/or training to enable them to carry out their assigned duties under limited supervision. Employees at this level are responsible and accountable for their own work, with checking relating to overall progress. In some situations, detailed instructions may be necessary. Employees are required to exercise judgment and initiative within a broad range of their skills and knowledge. The work of these employees may be subject to final checking and as required progress checking. Such employees may be required to check the work and/or provide guidance to other employees at a lower level and/or provide assistance to less experienced employees at the same level. Typical Duties/Skills Indicative typical duties and skills at this level may include: Responding to enquiries, where presentation and the use of interpersonal skills together with the acquisition of sound knowledge of the organisation's operations and services are a key aspect of the position, e.g. reception/switchboard. Specialised operations of computerised radio/telephone equipment, micro personal computer and typewriter. Word processing, e.g. the use of a word processing software package to create, format, ed'1t, correct, print and save text documents. Stenographer person solely employed to take shorthand at 100 words per minute and to transcribe by means of appropriate keyboard equipment at 98% accuracy. Copy typing and audio typing at 65 words per minute at 98% accuracy. Maintenance of records and/or journals including initial processing and recording relating to the following:- reconciliation of accounts balance incoming/outgoing cheques invoices debit/credit items payrol I data petty cash imprest system Ietters etc. Secretarial - performing a broad range of clerical functions within this level. Computer applications involving clerical skills at this level, which may include one or more of the following functions:- create a data base/files/records spreadsheet/worksheet graphics accounting/payroll file following standard procedures and using existing models/fields of information. LEVEL 3 Range= 107%-110% Employees shall be graded at this level where the principal characteristics of their employment, as determined by the employer, are identified as follows:- Characteristics Employees at this level have achieved a standard to be able to perform specialised or non-routine tasks or features of the work. Work is likely to be without supervision with general guidance on progress and outcomes sought and involves the application of knowledge with depth in some areas and a broad range of skills. Initiative, discretion and Judgment are required in carrying out assigned duties. Such employees may be required to give assistance and/or guidance (including guidance in relation to quality of work and which may require some allocation of duties) to employees in Level 1 and 2 and would be able to train such employees by means of personal instruction and demonstration. Typical Duties/Skills Indicative typical duties and skills in this level may include:- Prepare cash payment summaries, banking report and bank statements, calculate and maintain wage and salary records; follow credit referral procedures; apply purchasing and inventory control requirements; post journals to ledger etc., at a higher level than at Level 2. Provide detailed advice and information on the organisation's products and services; respond to client/publ'1dsupplier problems within own functional area utilising a high degree of interpersonal skills. Secretarial - performing a broad range of clerical functions at a higher level than at Level 2. Apply computer software packages utilising clerical skills at a higher level than at Level 2. -- 2 of 5 -- 940 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 17 December, 1993 LEVEL 4 Range= 112%-115% Employees shall be graded at this level where the principal characteristics of their employment, as determined by the employer, are identified as follows:- Characteristics Employees at this level will have achieved a level of organisation or industry specific knowledge sufficient for them to give independent advice and/or information to the organisation and clients in relation to specific areas of their responsibi Iity. Whilst not a pre-requisite, a feature of this level is responsibility for supervision of employees in lower levels in terms of co-ordinating work flow, checking progress and resolving problems. Judgement is required in planning and selecting appropriate equipment, services, techniques and work organisation for self and others. They exercise initiative, discretion and judgement regularly in the performance of their duties. They are able to train employees in Levels 1 - 3 by personal instruction and demonstration. Typical Duties/Ski/ls Indicative typical duties and skills in this level may include:- Secretaria//Executive Services - performing a broad range of clerical functions at a level higher than at Level 3, which may include the following:- Maintain executive diary; attend executive/organisational meetings and take minutes; establish and/or maintain current working and personal filing systems for executive; answer executive correspondence from verbal or handwritten instructions. Responsibility for the preparation of financial/tax schedules; calculation of costings and/or wage and salary requirements; completion of personnel/payroll data for authorisation; reconciliation of accounts to balance. Advise on/provide information on one or more of the following:- (i) employment conditions; (ii) workers compensation procedures and regulations; (iii) superannuation entitlements, procedures and regulations. Apply computer software packages utilising clerical skills at a level higher than at Level 3. LEVEL 5 Range = 122%-125% Employees shall be graded at this level where the principal characteristics of their employment, as determined by the employer, are identified as follows:- Characteristics Employees at this level are subject to broad guidance or direction and would report to more senior staff as required. Such employees will typically have worked or studied in a relevant field and will have achieved a standard of relevant and/or specialist knowledge and experience sufficient to enable them to independently advise on a range of activities and features and contribute, as required, to the determination of objectives, within the relevant field(s) of their expertise. They are responsible and accountable for their own work and may have delegated responsibility for the work under their control or supervision, in terms of inter alia, scheduling workloads, resolving operations problems, monitoring the quality of work produced as well as counselling staff for performance as wel I as work related matters. They would also be able to train and supervise employees in lower levels by means of personal instruction and demonstration. They often exercise initiative, discretion and judgement in the performance of their duties. The possession of relevant post secondary qualifications may be appropriate but not essential. Typical Duties/Skills Indicative typical duties and skills in this level may include:- Operates and is responsible for a complex and diverse payroll system. Apply detailed knowledge of organisation's objectives, performance, projected areas of growth, product trends and general industry conditions for the purposes of assisting in developing policy or new products and services to meet changing market needs or other circumstances. Application of computer software packages including evaluating and determining optimum software solutions or the integration of complex word processing/data/graphics text. Prepare internal reports for management in any or all of the following areas:- (i) account/financial (ii) staffing (iii) legislative requirements (iv) other significant company activities/operations. Finalise quotations or costings by applying a detailed knowledge of variable inputs, margins, market conditions, supply and delivery arrangements. Executive Secretary/Executive Assistant who performs a broad range of executive support functions with minimal direction or supervIsIon. (d) Translation - (i) An employer shall determine an employee's classification under the structure by consultation with each employee. (ii) A period of up to four (4) weeks from the date of the gazettal of the Commission's order shall be allowed to employers to complete the classification process. (iii) In the event that there is a claim for reclassification by an existing employee to a higher level under the new structure on the ground that the employee's duties and responsibilities are reflected within the classification criteria for that level, the existing Award disputes avoidance procedure (clause 2 .4) shal I be fol lowed. (iv) No employee shall have his/her rate of pay reduced merely as a result of transferring to this structure. (v) It is agreed that any Award increases may be absorbed until such time as the actual rate of pay reflects the applicable award rate of pay. Absorption does not apply to Enterprise Bargaining Agreement increases awarded by the Queensland Industrial Relations Commission.". 7. In clause 3.4 (Wages) - (a) by inserting in subclause (1) after the wage rates under the heading "Ancillary Employees" and before the "N.B." the following new section:- "Clerks The following rates shall apply to the undermentioned classifications in the Southern Division (Eastern District):- (The wage rate for clerks employed under the previous New Entrant Classification (without allowances) as at 24 August 1993 was $367.10 per week). 17 December, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 941 Clerks and Switchboard Attendants (without allowances) 21 and under 22 years of age - Absorbdble Minimum Wage Rate Rates Rate as at Adjustment From 24/8/93 30/8/93 30/8/93 Relativity Year Per week Per week Per week % $ $ $ LEVEL 1 88 1 374.10* 360.00* 90 2 374.1 0* 364.20* 92 3 374.10* 368.30* 94 4 374.10* 372.50* LEVEL 2 96 1 374.10 2.60 376.70 98 2 374.10 6.80 380.90 100 3 374.10 10.90 385.00 LEVEL 3 107 1 374.10 25.50 399.60 110 2 374.10 31.80 405.90 LEVEL 4 112 1 374.10 36.00 410.10 115 2 374.10 42.20 416.30 LEVEL 5 122 1 374.10 56.80 430. 90 125 2 374.10 63.10 437.20 24 *NOTE: Employees employed by the employer as at August 1993 are entitled to be paid whichever rate is the higher tor the applicable year and level. Clerks (without allowances) 22 and under 23 years of age - Absorbdble Minimum Wage Rate Rates R<1te as at Adjustment from 24/8/93 30/8/93 30/8/93 Relativity Year Per week Per week Per week ~'o $ $ $ LEVEL 1 88 1 381.00* 363.30* 90 2 381.00* 367.50* 92 3 381.00* 371 .70* 94 4 381.00* 375.90* LEVEL 2 % 1 381.00* 380.00* 98 2 381.00 3.20 384.20 100 3 381.00 7.40 388.40 LEVEL 3 107 1 381.00 22.00 403.00 110 2 381.00 28.20 409.20 LEVEL 4 112 1 381.00 32.40 41 3.40 115 2 381.00 38.70 419.70 LEVEL 5 122 1 381.00 53.30 434.30 125 2 381.00 59.50 440.50 *NOTE: Employees employed by the employer as at 24 August 1993 are entitled to be paid whichever rate ·1s the higher tor the applicable year and level. Clerks (without allowances) 23 and under 24 years of age - Absorbable Minimum Wage Rale Rates Rate as di Ad1u:itment From 24/8/93 30/8/93 30/8/93 Relativity YeM Per weE'k Per week Per week % $ $ $ LEVEL 1 88 1 388.30* 366.70* 90 2 388.30* 370.90* 92 3 388.30* 375.10* 94 4 388.30* 379.30* LEVEL 2 96 1 388.30* 383.40* 98 2 388.30* 387.60* 100 3 388.30 3.50 391.80 LEVEL 3 107 1 388.30 18.10 406.40 110 2 388.30 24.30 412.60 LEVEL 4 112 1 388.30 28.50 416.80 115 2 388.30 34.80 423.10 LEVEL 5 122 1 388.30 49.40 43 7.70 125 2 388.13 55.60 443.90 * NOTE: Employees employed by the employer as at 24 August 1993 are entitled to be paid whichever rate is the higher for the applicable year and level Clerks (without allowances) 24 years of age and over - Absorbable Minimum Wage Rate Rates Rate as at Adjustment From 24/8/93 30/8/93 30/8/93 Relativity Year Per week Per week Per week o/o $ $ $ LEVEL 1 90 2 395.30* 374.20* 92 3 395.30* 378.30* 94 4 395.30* 382.50* LEVEL 2 96 1 395.30* 386.70* 98 2 395.30* 390.90* 100 3 395.30* 395.00* LEVEL 3 107 1 395.30 14.30 409.60 110 2 395.30 20.60 415.90 LEVEL 4 112 1 395.30 24.80 420.10 115 2 395.30 31.00 426.30 LEVEL 5 122 1 395.30 45.60 440.90 125 2 395.30 51.90 447.20 * NOTE: Employees employed by the employer as a_t 24 August 1993 are entitled to be paid whichever rate Is the higher for the applicable year and level. NOTE: Until the final Minimum Rates Adjustment has been awarded the wage rates under this Award effective from 30 August 1993 shall be contained in_ Schedule 7. Schedule 6 contains the wage rates that applied under the Clerks and Switchboard Attendants in Retail Stores Award - State, as at 29 August 1993. As no existing employee employed by the employer prior to 29 August 1993 is to suffer any reduction in ordinary time earnings as a result of this Award,. employers may be required to refer to both Schedules 6 and 7 In determining the appropriate rate of pay to an employee employed by that employer prior to 30 August 1993."; and (b) by deleting subclause (3) and inserting the following In lieu thereot:- "(3) The minimum rates of pay for junior employees (excluding junior clerks) shall be determined by applying the following percentages to the Shop Assistant rate by reference to subclauses (1) and (2) where appropriate:- Under 16 years of age ..... . 16 and under 17 years of age 1 7 and under 18 years of age 18 and under 19 years of age 19 and under 20 years of age 20 and under 21 years of age Clerks Only - Percentage of Minimum Adult Rate % 45 50 55 65 75 85 The rates of pay for junior employees shall be as follows:- Percentage of Appropriate Minimum Adult Rate % 15 and under 16 years of age . . . . . . . . . . . 45 16 and under 1 7 years of age . . . . . . . . . . . 50 1 7 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 Junior rates of pay are expressed as a percentage _of the appropriate minimum adult rate in either levels 1 or 2, with the first pay point in levels 1 or 2 reflecting the wage rate upon which the junior percentages above are calculated. Whether the first pay point in level 1 or 2 is used depends on whether the junior is performing work which falls within level 1 (in which case the first adult pay point of level 1 Is used)_ or any level above level 1, in which case the first adult pay point In level 2 is used. -- 3 of 5 -- 942 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [17 December, 1993 Once a junior employee reaches 21 years of age this employee then must be slotted into the appropriate level (1 to 5) and commence on the wage rate reflected by the first pay point at that level. Calculation of Junior Rates - Junior rates shall be calculated in multiples of ten (10) cents with any result of five (5) cents or more being taken to the next highest ten (10) cent multiple. Junior Employees in Floor Covering Department - Junior employees empl_oyed in floor covering departments shall be paid the male wage tor their age group as prescribed in subclause (1) of this clause plus $3.10 per week.". 8. In clause 4.2 (Overtime and Sunday Work) by adding a new subclause (7) as follows:- "(7) Clerks Only Working Overtime - (a) In circumstances where employees do not use their own vehicle and are required to come to work and or return home outside of the usual running times of public trains/buses where such public transport is normally available for day workers, the employer shall pay any reasonable additional amount incurred by that employee in reaching home. (b) An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not at least ten (10) consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of his/her employer such an employee resumes or continues work without having had such ten (1 O) consecutive hours off duty, he/she shall be paid double rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during such absences.". 9. By deleting clause 4.3 (Meal Break) and inserting the following in lieu thereof:- "4.3 Meal Break An employee's ordinary daily working hours according to the employee's Roster shall be worked continuously, except for the meal break (other than a clerk who is a shift worker). No employees shall be required to take more than one (1) hour or less than forty-five (45) minutes in one (1) continuous period for each meal break: Provided that where the express agreement of the employee is obtained the midday meal break may be less than forty-five (45) minutes but not less than rhirty (30) minutes. The time for the midday meal break shall be between the hours of 11.00 a.m. and 3.00 p.m. An employee's meal break shall be a regular set period each day of the week and shall not be changed except upon seven (7) days' prior notice in writing: Provided that if an emplovee's working day commences before noon an employee shall work three (3) hours before receiving a break: Provided further that in non-exempt shops on the permitted day for late night trading, weekly employees required to work more than eight and one-half (8½) hours as part of their ordinary working hours and part-time employees required to work overtime in excess of thirty (30) minutes shall have a meal break of not less than thirty (30) minutes nor more than forty-five (45) minutes if such ordinary working hours or overtime hours (as the case may be) are to continue beyond 6.45 p.m. In such circumstances the meal break shall be allowed between 4.30 p.m. and 6.45 p.m. Notwithstanding the foregoing, the time of taking an employee's midday meal may be brought forward in order that no employee shall be required to work longer than five (5) hours without a meal break Clerks Only - Supper - If overtime be worked on any occasion between the hours of 9.00 p.m. and 8.00 a.m. the employer shall allow a break of half an hour between 11.00 p.m. and 11.30 p.m. and between 4.00 a.m. and 4.30 a.m. All time worked during the mutually agreed times or during the meal times where there is not mutual agreement shall be paid for at double ordinary rates.". 10. In subclause (4) "Wages" of clause 6.6 (Traineeships under the Australian Traineeship System and Career Start Traineeships Scheme), by inserting in the second paragraph the words "or Clerks" after the words "Shop Assistants". 11. By deleting subclause (1) of clause 6.1 0 (Leave Reserved). 12. By adding a new clause 6.11 as follows:- "6.11 Clerks Only - Shiftwork Shiftwork may be worked according to a roster and conditions as 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 of Employees.". 13. In Schedule 3, by adding at the end of the list of employers the following:-- "Name of Employer Pall Mall Pty Ltd Morrison & Bailey (Queensland) Pty Ltd Superannuation Fund.". Name of Scheme or Fund Suncorp Superplan ENT Limited Staff 14. By adding a new Schedule 6 to the Award as follows:- "SCHEDULE 6 Wage Rates and Allowances Applicable under the Clerks and Switchboard Attendants in Retail Stores Award - State, as at 29 August 1993 This Schedule sets out the wage rates and allowances applicable under the Clerks and Switchboard Attendants in Retail Stores Award - State, as at 29 August 1993. Schedule 7 sets out the new five level classification structure and wage rates (with all skill and responsibility allowances eliminated by being ·incorporated into the new structure) which applies from 30 August 1993. Since no employee employed by the employer prior to 29 August 1993_ is to suffer any reduction in ordinary time earnings as a result ot this new award, Schedule 6 has been inserted for comparative purposes, with employees being paid according to Schedule 6 or 7, whichever prescription is the higher. After the final minimum rates adjustment scheduled for 1 March 1994, Schedules 6 and 7 will be deleted and replaced by one set of wage rates in the main body of the Award. Wage Rates and Allowances from the Clerks and Switchboard Attendants in Retail Stores Award - State, as at 29 August 1993 . (1_) Wages -, The minimum rates of wages payable to the tollow1ng classes ot employees (with Junior rates being calculated in multiples of ten cents with any result of five cents or more being taken to the next highest ten cent multiple) shall be - (al Clerks 15 and under 16 years of age . 16 and under 1 7 years of age . 17 and under 18 years of age 18 and under 19 years of age 19 and under 20 years of age 20 and under 21 years of age Southern f)i\ision (Ea.stem Distnct) New Entrant ........... . 21 and under 22 years of age 22 and under 23 years of age 23 and under 24 years of age . 2 4 years of age and over ... Percentage of ~-1inimum Adult Rate % 45 50 55 65 75 85 Per Week s 367.10 374.10 381.00 388.30 395.30 17 December, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 943 Mackay Division New Entrant ............. . 21 and under 22 years of age 22 and under 23 years of age 23 and under 24 years of age 24 years of age and over Northern Division (Eastern District) New Entrant .. 21 and under 22 years of age 22 and under 23 years of age 23 and under 24 years of age .. 24 years of age and over (b) S\\itchboard Attendants 15 and under 16 years of age 16 and under 17 years of age 17 and under 18 years of age 18 and under 19 years of age 19 and under 20 years of age 20 and under 21 years of age Southern Division (F.astem District) 21 years of age and over Mackay Division 21 years of age and over Northern Division (Eastern District) 21 years of age and over .... Per \Veek $ 368.00 375.00 381.90 389.20 396.20 Per \Veek $ 368.15 375.15 382.05 389.35 396.35 Percentage of Minimum Adult Rate % 45 50 55 65 75 85 Per \Veek $ 374.10 375.00 375.15 (c) Casuals - The hourly rate of wages for casual employees shall be one-thirty-eighth of the appropriate weekly wage plus a loading of twenty-two per cent (22%). Except as otherwise specifically provided for in this Award, a, casual employee shall be provided with a minimum payment ot three (3) hours provided that no casual employee engaged as at 3 December 1990 and working not less than four (4) hours per day shall be compelled to work less than four (4) hours per day for twelve (12) months from 3 December 1990: Provided further that casual employees may be engaged for a minimum of two (2) hours per week in the first two (2) weeks of employment for the purpose of training. (d) Stenotypists, Comptometer Operators, Ledger Posting Machine Operators or Punch Card Tabulator Operators In addition to the rates of wages prescribed herein for clerks, an employee employed as a stenotypist, comptometer operator, ledger posting machine operator, or punch card tabulator operator shall be paid, as part ot his/her weekly wages, a turther sum of $5.95 per week: Provided that in the case of any stenotypists specifically required for his/her employer to be qualified for_ and capable oi writing shorthand at the rate ot 120 words per minute, and to be qualified for and capable of typing at the rate ot 70 words per minute, and in the case ot any electronic data processing equipment computer operator, the additional amount payable, as part of his/her weekly wage shall be $9.77 per week. Where an employee is engaged for only part of his/her time on any duties mentioned under this heading, a proportionate payment shall be made for the time so engaged. (2) Supervisory Allowances - Any employee appointed by the employer to supervise and control other employees shall be paid in addition to his/her ordinary rate the following allowances:- Employees in charge of more than one and not more than eight employees . Employees in charge ot more than eight and not more than sixteen employees Employees in charge of more than sixteen employees .. 5.82 8.75 11.65 (3) Employees Required to Possess Accountancy Certificates - Where an employee of an accountant, publ'ic auditor and/or registered taxation agent is required by th_e employer to possess an accountancy certificate (immediate or tinal) recognised _by any accountancy institute or association or by an Australian _un1vers1ty, the holder of such certificate shall be paid In add1t1on to the above rates, the sum of $4.00 per week in respect of each such certificate. (4) Divisional and District Allowance - Where relevant, the appropriate allowance prescribed by clause 3.4(2) is payable in addition to the foregoing rates of pay.". 15. By adding a new Schedule 7 to the Award as follows:- "SCHEDULE 7 New Clerks Wage Rates Prescribed by this Award This Schedule sets out the new wage rates prescribed by this Award effective from 30 August 1993 which includes the third, fourth and fifth minimum rates adjustments (MRAs). The proposed fourth and fifth MRAs are subject to separate application to, and ratification by, the Queensland Industrial Relations Commission. The fourth and fifth MRAs therefore are not applicable until the Commission so awards. Employees employed by the employer prior to 29 August 1993 are entitled to be paid under Schedule 6 or under this Schedule, whichever prescription is the higher. This Schedule and Schedule 6 will be deleted after the fifth MRA scheduled for 1 March 1994, after which one (1) 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 6, whichever prescription is the higher, shall apply:- (1) Transition from an Existing Age Based Wage Rate to a Relevant Skill Based Classification Clerks and Switchboard Attendants in Retail Stores Award - State New Entrant (without al!owances) ... Clerks and Switchboard Attendants (without allowances) 21 and under 22 years of age (as at 29 August 1993) . Ill IV Relativity Year MRA Increment 30/08/93 01/11/93 $ $ % $ LEVEL 1 88 1 (3.55) 360.00 363.55 90 2 (5.65) 364.20 369.85 92 3 (770) 368.30 376.00 94 4 (9 80) 372.50 382.30 LEVEL 2 % 1 (11.90) 376.70 388.60 98 2 (14.00) 380.90 394.90 100 3 (16 05) 385.00 401.05 LEVEL 3 107 1 (23 35) 399.60 422.95 110 2 (26 50) 405.90 432.40 LEVEL 4 112 1 (28.60) 410.10 438.70 115 2 (31.70) 416.30 448.00 LEVEL S 122 1 139.00) 430.90 469.90 125 2 (42.15) 43 7.20 479.35 V Southern Division (Eastern District) Per \\leek $ 367.10 374.10 01/03/94 $ 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 (2) Transition from an Existing Age Based Wage Rate to a Relevant Skill Based Classification Clerks and Switchboard Attendants in Retail Stores Award - State Clerks (without allowances) 22 and under 23 years of age (as at 29 August 1993) Southern Di\ision (Ll!Stern District) Per Week $ 381.00 -- 4 of 5 -- 944 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 17 December, 1993 Ill IV V Relativity Year MRA Increment 30/08/93 01/11/93 01/03/94 % $ $ $ $ LEVEL 1 88 1 (1.85) 363.30 365.15 367.10 90 2 (3 95) 367.50 371.45 375.50 92 3 (6.05) 368.30 377.75 383.80 94 4 18.15) 375.90 384.05 392.20 LEVEL 2 96 110.20) 380.00 390.20 400.50 98 2 112.30) 384.20 396.50 408.90 100 3 114.40) 388.40 402.80 417.20 LEVEL 3 107 1 (21.70) 403.00 424.70 446.40 110 2 124.80) 409.20 434.00 458.90 LEVEL 4 112 1 12690) 413.40 440.30 467.30 115 2 130 05) 419.70 449.75 479.80 LEVEL 5 122 1 (37 35) 430.90 469.90 509.00 125 2 (40.45) 480.95 479.35 521.50 (3) Transition from an Existing Age Based Wage Rate to a Relevant Skill Based Classification Clerks and Switchboard Attendants in Retail Stores Award - State Southern Division (Eastern District) Per \Veek $ Clerks (without allowances) 23 and under 24 years of age (as at 29 August 1993) .. 388.30 Ill IV V Relativity Year MRA Increment 30/08/93 01/11/93 01/03/94 % $ $ $ $ LEVEL 1 88 1 (0.15) 366.70 366.85 367.10 90 2 (2.25) 370.90 373.15 375.50 92 3 14.35) 375.10 379.45 383.80 94 4 (6.45) 379.30 385.75 392.20 LEVEL 2 96 1 I 8 501 383.40 391.90 400.50 98 2 (10 60) 387.60 398.20 408.90 100 3 112.70) 391.80 404.50 417.20 LEVEL 3 107 1 (20 00) 406.40 426.40 446.40 110 2 (23 10) 412.60 435.70 458.90 LEVEL 4 112 1 125 201 416.80 442.00 467.30 115 2 128 35) 423.10 451.45 479.80 LEVEL 5 122 1 135 65) 437.70 473.35 509.00 125 2 (38.75) 443.90 482.65 521.50 14) Transition from an Existing Age Based Wage Rate to a Relevant Skill Based Classification Clerks and Switchboard Attendants in Retail Stores Award - State Clerks (without allowances) Southern Division (Eastern District) Per V,eei- $ 24 years of age and over (as at 29 August 1993) 395.30 Ill IV V Relativity Year MRA Increment 30/08/93 01/11/93 01/03/94 % $ $ $ $ LEVEL 1 90 2 10.65) 366.70 374.85 375.50 92 3 (2.70) 370.90 381.00 383.80 94 4 (4.80) 375.10 387.30 392.20 LEVEL 2 96 1 I 6.901 383.40 393.60 400.50 98 2 I 9.001 387.60 399. 90 408.90 100 3 (11.05) 391.80 406.05 417.20 LEVEL 3 107 1 118.35) 406.40 409.60 446.40 110 2 (21.50) 412.60 415.90 458. 90 LEVEL 4 112 1 (23 60) 41fi.80 420.10 467.30 115 2 126.70) 423.10 426.30 479.80 LEVEL 5 122 1 134 00) 437.70 440.90 509.00 125 2 (3 7.15) 447.20 482.65 521.50 (5) Absorption of Minimum Rates Adjustments - The Minimum Rates Adjustments (MRAs) as prescribed above are in substitution of any overaward payment as defined hereunder which would otherwise have been paid as of 29 August 1993. '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 applied immediately prior to the date of operation of 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. (6) Divisional and District Allowance - Where relevant, the appropriate allowance prescribed by clause 3.4(2) is payable in addition to the foregoing rates of pay.". 16. By adding an Appendix 1 to the Award as follows:- "APPENDIX 1 Translation Guide (Clerks Only) Purpose This translation guide is designed to assist employers and clerical employees in the implementation of the new five level clerks classification structure contained in the Retail Industry Interim Award - State. The Guide is endorsed by both the Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland Clerical and Administrative Branch, Union of Employees and the Retailers' Association of Queensland Limited, Union of Employers. This guide is intended to provide information on - (1) classification/reclassification of clerical employees; (2) translation of adult clerical employees from the Clerks and Switchboard Attendants in Retail Stores Award - State, aged based rates of pay to the new classification structure rates of pay; (3) junior rates of pay; (4) progression through the structure; (5) years of service; (6) certificate of employment; and (7) absorption of minimum rates adjustment. Classification/Reclassification of Clerical Employees Classification or reclassification of an employee into one of the levels by the employer, is to be achieved by reference to the 'classification criteria' set out in clause 3.2(3) of the Award. The classification criteria refer to the characteristics and non-exhaustive typical duties/skills to provide a guide to determining an employee's classification level. The key issue to be looked at In properly classifying/reclassifying an employee is the level of initiative, responsibility/accountability, competency and skill that the employee is required to exercise in the work they perform within the parameters of the characteristics and not the duties they perform per se. For instance, in the typical duties/skills referring to computer applications in Levels 2, 3 and 4, there is little differentiation noted between the levels (except that a higher level of skill from the preceding level must be utilised). Hence, the allocation of any employee's classification level must be determined in light of the characteristics. Each employer, in consultation with the employee, is to allocate each employee into one of the five levels ot this new award. The parties have agreed that the reclassifying of all clerical employees should be completed within one month of the Commission's ratification of this classification structure. Translation from Current Award Rates to New Award Rate Structure 17 December, 19931 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 945 Any translation from the current award rates and allowances (set out in Schedule 6 to this Award) to the new classification structure (clause 3.2(3)) and new wage rate structure (clause 3.4 and Schedule 7) of the new award must be implemented in such a way that no existing employee is to suffer any reduction in ordinary time earnings as a result of this change. For that reason, Schedule 6 to the Award setting out the wage rates and allowances which applied as at 29 August 1993 will remain in the Award until after the introduction of the last Minimum Rates Adjustment (scheduled for 1 March 1994) for comparative purposes. Therefore, until the last Minimum Rates Adjustment comes into effect, employees will receive either the current award entitlements (i.e. wages) as set out in Schedule 7 of the Award or those (i.e. wages and relevant allowances) that are set out in Schedule 6. It has been agreed:- (1) That previous adult service in the industry with another employer prior to 29 August 1993 has no application under the new award structure except for the purposes of determining pay points within level 1. (2) That adult service with the current employer prior to 29 August 1993 be relevant only for determining which pay point people translate to in level 1. Adult employees translating to levels above level 1 from 30 August 1993 will commence at the first pay point of the appropriate level. Junior Rates of Pay Junior rate percentages will be calculated on Level 1 for relevant work (i.e. Level 1 work) or Level 2 for clerical work at all other levels. The following sets out how to calculate junior rates of pay. 15 and under 16 years of age 16 and under 17 years of age 17 and under 18 years of age 1 8 and under 19 years of age 19 and under 20 years of age 20 and under 21 years of age Percentage of Appropriate Minimum Adult Rate % 45 50 55 65 75 85 Junior rates of pay are expressed as a percentage of the appropriate minimum adult rate in either levels 1 or 2, with the first pay point in levels 1 or 2 reflecting the wage rate upon which the junior percentages above are calculated. Whether the first pay point in level 1 or 2 is used depends on whether the junior is performing work which falls within level 1 (in which case the first adult pay point of level 1 is used) or any level above level 1, in which case the first adult pay point in level 2 is used. It should be noted that the relevant junior percentage rate is always calculated off the first pay point of the adult rate in either Level 1 or Level 2, irrespective of the fact that a junior may be increasing in their years of service within the industry. Once a junior employee reaches 21 years of age this employee then must be classified into the appropriate level (1 to 5) and commence on the wage rate reflected by the first pay point at that level. Progression Through the Classification Structure Within each of the levels there are varying pay points which provide for automatic yearly increments which are applicable to adult employees only. These increments are designed to provide for the employees increase in skills and competency over a number of years within a level. Progression from one level to a higher level is not automatic. Progression is based upon appointment to a higher level, where the employee is required to perform duties/skills at the higher level and meet the relevant characteristic requirements. An employee may progress to a higher level although such an employee may not have progressed through all of the pay points within a lower level. 145821-81 Years of Service Years of service shall mean the years of service of a clerical employee within a classification level in the industry as a whole, not years of service with the employer. Years of service prior to 29 August 1993 shall not be counted for classification purposes except for determining an employee's pay point in Level 1. Years of service after 30 August 1993 within the industry are relevant for determining which pay point an employee falls into at any particular-'level. Given that service is within the industry, it is relevant for employees to gain a certificate of service upon termination of employment with any employer. The following certificate of employment will therefore apply. Certificate of Employment An employee, upon termination of his/her services for whatever reason, shall, upon request, be provided with a certificate of employment signed and dated by the employer. Such certificate shall contain particulars as to - (al the full name and address of the employee; (b) a description of the trade or occupation in which the employee was engaged; (c) the date at which the employee commenced and ceased employment in each of the respective trades or occupations; (d) the address of the workplace at which the employee was so engaged; (e) the clerical classification levels in which the employee has been employed and the duration at each level since 30 August 1993. Absorption of Minimum Rates Adjustment (MRA) Minimum rates adjustments apply to bridge the monetary gap between the former age based wage rates and the final wage rates applicable for the new classification structure. The payment of mimimum rates adjustments is made on the basis that all such increases are absorbed into any overaward payments. (See Schedule 7 of the Award referring to Absorption of Minimum Rates Adjustments). The third minimum rates adjustment applies from 30 August 1993 with the operative dates for the remaining MRA's being scheduled as follows:- 1 November 1993 1 March 1994 (Note: These further scheduled MRA increases must be subject of separate applications made sufficiently prior to the scheduled dates to enable ratification by the Commission in terms of its wage fixation principles).". Dated this twenty-fourth day of August, 1993. By the Commission, [L.S] M.J. CALLEN, Industrial Registrar. Operative Date: 24 August 1993 Variation - Clerical Classifications and Provisions Released: 9 December 1993 -- 5 of 5 --