Australian Sugar Milling Association, Queensland, Union of Employers v The Electrical Trades Union of Employees of Australia, Queensland Branch and Another [1993] QIRC 110 (1993) 142 QGIG 556

556 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETT E [30 April, 1993 ######################################################### QUEENSLAND INDUSTRIAL RELATIONS COMM ISSION / nd11stnal Relations A et I 990 s. 10.12 - application for variation Austral ian Sugar Milling Association, Queensland, Union of Employers • (No. B468 of /990) AND The Electrica l T rades Union of Employees of Australia, Queensland Branch (No. B86 of /99/ ) AND The Amalgamated Society of Carpenters, Joiners, Bricklayers and Plasterers of Aus tra lasia, Union of Employees. Queensland (No. B209 of 1991) SUGAR IN D USTRY A WARD - STATE COMMISSIONERS E DWARDS. BOUGOURE, Nl.l'HER 19 Apri l 1993 VA RI ATION THESE matters comi ng on for hearing before the Comm ission at Brisbane on 9 and 10 Nove mber and 10 Decemb.::r 1992 and 19 Febnia,y and 26 and 21 March 1993, this Commission doth order that the said Award be varied as follows as from the nineteenth day of April. 1993: - • By addi ng to (Part Ill - - Sugar Mi ll Workers) new Appendices as follows: - "A ppcll(li X 3 Engineenng Classifica11on Srnicture and Wage Rates 1.(1 ) Engineenng Tradesperson - Level I (100"/o) (Classification I. eve! - I) An Engineering Tradcspcrson Level I is an o:mployee who ho lds a Trade Ce11itica1c or Tradcspersons Righ ts Certificate as a: (i) En gi neeri ng Levd I: Tradesperson ( ckctri c al /e kctronic) (ii ) Engineering Trades pcr~on (mechanical) Level I; ( iii) Engineering Tr:idespcrson (fabrication) Level I: and is abk to exercise the skills and kJ,owl"ttge of the lrad~. As a guide. such an employee :- (i) Understands and applies quality control techniques; (ii) Exercises and inte'l)ersonal and co mmunication skills; ( ii i) Exercises discretion within the scope of this leve l; (i v) Perfonns work under limited supervision ei ther in dividually or in a team environment: (v) Opernt<s a ll litling equipme nt incidental to h is /her work: (vi) Assists in the provision of on the job training; (vii ) Pcrfonns work which , while primarily invo lving the co re skills of the employee, is inciden ta l or peripheral to the primary task and facilitates the co mpletion of the whole task. Such incidental or peripheral work would not require additional fonnal technical training; (vii i) ls abk to inspect products and/ or materials for conformity w ith established operational standards; (ix) Perfonn non-trade tasks incidental to their work; (x) Exercise keyboard ski lls appropriate for this level. 30 April, 1993 ) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 557 (2) Engineering Tradesperson Level 2 Technical Level I (105%) Engineering (Cla,sification Level - 2) (a) An Engineering Tradesperson Level 2 is a: ( i) Engineering Tradcspcrson (eleclrica l/electronic) Level II; or (i i) Engi neering Tradesperson (mechani cal) Level II; or (iii) Engineering Tradesperson (fabricati on) Level II ; who has com pleted the following training requirements: l11ree (3) appropriate modules of struct ured training in addition to the training requirements of Level I: or Three ( 3) appropriate modul es towards an agreed Advanced Certificate; or Three (3) appropriate modules towards an agreed Associate Diploma; As a guide. such an emp loyee: (A) (B) (C) (D) (E) (F) Exercises the skills attained through satisfactory co mpleti on of the training prescribed for this classification subject to the competency standards prescribed; Exercises discret ion within the scope of this level; Works under general supervision either individually or in a team environment; Underst ands and implements quality control techniques; Provides trade guidance and assistance as part of a work t eam; Assist in the provision of oo-the-jol., tmining. Employees at this level perfonn work abow and beyond the skills of an employee at Level I and to the level of the ir training. E mp loyees at this level will have a thorough understanding of their wo rk area•s operational functions and systems, and its interrelationship with other sections/d epartments. Task which an employee al this level may perfonn are subject to the employee having the appropriate Trade and Post Trnin ing to enable them to perfonn particular tasks . (8) Engineering Technician Level I An employee who has the equivalent level of tra,n,ng and/or experience 10 a Level 2 Tradesperson in the technical fiel_d. but is engaged in detail draughtrng or routrne planning or technical t.1.5ks requiring technical knowledge. (3) Engineering Tradesperson Special Class - Engineenng Technician Level If (I J0"/4) (C lassification Level - 3) (a) A special Class Engineering Tradespcrson Lewi I means a : (i) Spe ci a l Clas s Enginaring Tradcspersons (electrical/ declronic) Le vd I; or (ii) Special Class Engine ering Tradespuson (mechanical) Level I; or (iii) Special Class Engineering Trndesperson (fabrication) Level I; who has completed the following training requirements: Six (6) appropriate modules of stnrctured training 111 addition to the training requirements of level I; or • Six (6) appropriate moduks towards an agreed Advanced Certificate; or Six (6) appropriate modules towards an Associate Diploma: As a guide, such an employee: (A) (B) (C) (D) (E) Exercises the skills attained through satisfactory compl etion of the training prescribed for this classification subject to the competency standards prescribed; Provides trade guidance and assistance ns part of a work team: Understands and implements quality control techniques: Works under limited supervision either individually or in a learn environmt!nt: Assist in the provision of training in conjunction with 14 11 83 - 53 supervisors and trainers . Employees at this level perfonn work above and beyond the skills of an emplo y•e at Level 2 and to the level of their \raining. The following indicative tasks which an employee at this level may perfom1 are subject to the employee having appropriate Trade and Post Trade Training to enable the employee to perform the particular indicative tasks: exercises high provision trade skills using various materials and/or specialist techniques; perfom,s operations on a CAD/CAM terminal in the performance of routine modificat ions to NC/CNC programs; install s, repairs, maintains, tests, modifies. commissions and/or fault finds on complex machinery and equipm ent which uti lises hydraulic and/ or pneumatic principles and in the course of such work, is required to read and understand hydraulic and pneumatic circuitry which con trols tluid power systems; works on co mplex or intricate circuitry which involves examining, diagnosing and modifying systems comp rising int er-connected circuits. ( b) Engineenng Technician Level JI Engineering Technician Level 11 means an employee who has an equivalent level of training and/ or experience to an Engineering Tradesperson - Special Class Level I but is engaged in detailed draughting or planning or technical work which re quires the exercise of judgement and skill in excess of that required of an emp loyee at Level l under the supervision of technical staff. (4) Engineering Tradesperson - Special Class - Level If Engineering Technician - Level If (I 15%) (Classification Level - 4) (a) A Special Classs Engineering Tradesperson Level II means a: (i) Special Class Engineer i ng Tradesperson (electri cal/el ectroni e) Level II ; or (ii) Special Claiss Engineering Tradesperson (mechanical) Level II ; or (iii) Special Class Engineering Tradesperson (fabrication) Level II who has completed the following training requirements: Three ( 3) appropriate modules of structured train ing (eq u ivaknl to Advanced Certificate or Associate Diploma module standard) in addit ion to the require ments of Spe..:;ial C lass Level I; or Nine (9) appropriate modules towards an agreed Advanced Cenificate; or Ni ne (9) appr<>p riate modules towards an agreed Associ ate Diploma; As a guide, such an em ployee: (A) (B) (C) (D) Exercises the skills aua ined through satisfactory completion of the training prescribed for this leve l subject to lh.: competen cy standards prescribed; Is able lo prov ide trade guidance and assistance as part of a work team: Understands and implements 'lua lity control techniques; Works und<r limit ed supervision ei th er individually or in a uan1 li.!nv ironme nl . Emp loyees al this level p.:rfonn work above and beyond the skills of an employee at Special Class - Level I and lo the level of their training. The following indicative tasks which :m emp loyee at this level may perfom1 are subject to the employee having appropriate Trade and Post Trade Training to enable the emp loyee to perform the particul ar indicative tasks: works Ml machines or equipment which utilise complex mechanical. hydraulic and/or pneumatic circuit,y and controls or a combination th ereo f; -- 1 of 3 -- 558 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [30 April, 1993 works on machinery or equipment which utilises complex dectrical/dectronic circuitry and controls~ works on instruments which make up a complex control system which utilises some combination of ekctrical electronic, mechanical or fluid power principles: applies advanced computer numerical control techniques 111 machining or cutting or welding or fabrication: exercises intermediate CAD/CAM skills in the perfom1ancc of routine modifications to programs: working on complex or intricate interconnected dectrical circuits at a kvd ahoYe Levd 3~ \vorking on con1pkx radio/con1n1t.mication equipment. Note The Post Trade Certificate referred to in this definition is not directly comparable with existing post-trade qualifications and the possession of such qualifications docs not itself justify classification of a tradespcrson to this levd. (b) Engineenng Technician Level Ill Engineering Tedmician Levd II means an cmplo~ee who has equivalent level of training and/or experience to an Engineering Tradesperson --- Special Class --- Lcvd II but is engaged 1n one or the following areas: (i) detail draLtghting or planning or technical duties requiring judgement and skill 1n excess of that required of a Technician at Engineering Technician Level II under supervision of Technical Staff: or (ii) Possesses a l~vd of training and/or experience at Engineering Technician Level II level and exercises cross skilling in technical fields as defined. ( 5) Advanced Enf,1 neen ng Tradesperson Level Engineenng Techmcwn n' ( 125%) (Classification Level - 5) (a) An Advanced Enginet:ring Tradcsperson Level I means a: (iJ Advance Fnginc-cring (clectricaL electronic) Level I: or Trad,:spcrson (ii) Advance Engineering Tradcsperson (mcchan,cal) Level L or (iii) Advance Engineering Tradesperson (fabrication) l,evel I: \\ ho has complekd: Twelve ( 12) appropriate modules of an agreed Advanced Certificate: or Twelve ( 12) modules of an appropriate Associate Diploma: or Equivalent accredited training: (,r\) l 1ndcrtah.es quality control and work orga111sat1on at a higher level than for Special Class Level IL (B) Provides trade guidance and a,sistancc as pa11 of a work. kam: (C) Perfonns maintenance planning and prcdicti ve 1naintenancc \\·ork not in technical fidd: (D) Works under l11nited supervision either individually or in a team enviromnent: (E) Prepares reports of a technical nature on specilic tasks or assignments as directed: (F) Exercises broad discretion within the scope of this leveL (G) Assists in the provisinn of training to emplovees in conjunction with supervisors trainers Employees at this kvd p,~rfonn \\ork alH)\'C and h(:\'O!ld the skills of an emplov-ce at Srec1al Class Lev-cl II and to th~ level or their training. The followrng indicativ·e tasks which an emplov-ee at this level may perform arc subject to the cmploycc ha\ ing appropnak Trade and P0st Trade Training to enable the cmplov-ee to pcrfonn that par1icular indicative task: (I) working on combinations of machines or equipment which utilises complex dectronic, mechanical and fluid power principles: (II) working on instruments which make up a complex control svskm \vhich utilise som('. cmnbination or clectricaL, electronic, mechanical fluid power principles and electronic Circuitrv containing complex analogue and/or digital control systems utilising integrated circuitry (Ill) (IV) aprlies computer integrated manufacturing techniques involving a higher level of computer operating and programming skills than for Special Class Level II; working on vanous forms of machinery and equipment which are electronicallv controlled by complex digital and/or analogue 'control systems using integrated circuitry. (b) Eng1neenng Technician Level IV An Enginccring Technician Level IV means an employee who has equiv-aknt level of training and skills to an Advanced Engineering Tradesperson l ,cvel I but 1s engaged in one of the following areas to the extent of that training: (i) detailed draughting inrnlv1ng originality of thought which rcquire:-. the exercise of judgement and skill in excess of that required of a Technician at C7 level under the superv1s1on of Technical andlor Prnfessional Staff or (ii) is ('.t1gaged in planning or technical duties requiring _judgement and skill in excess of that required of a Technician at C7 level under the supervision of Technical and/or Professional Staff: or (iii) excrctScs a level or cross skilling in technical fields as defined. (6) Eng1n<!enng S1rewns The classification 1.kfinitions recognise thrt::i: broad engineering stn.:ams namcJ~,· cl .:ctrical: ~ 1.::ctrnn ic mechanical fabrication Entrv to training in an engine.:ring stream is not conditional on lndustria-1 Organisation membership, additionally, there are two v-ocational field cutTentlv applicable to this industry: trade: teehnicaL The streams art? ddl11t.:d as: (a) Ekctrica! ck.:tronic ~,tream including the dc~ign. assi.:mhl\. manutacturc. mstal!ation. modification. testing. fault fi,;ding. comrni:-.s1oning. maintenance and service of all ckctrical and ckctronic devices :-iystcm:-,. equipment and cuntrois. i.:.g i:kctnca! \\ inng motor:-., gcnt:'.rators. PLC's and oth.::r ckctron1c contrn!s. in:-.trumcnts. refrigi.?ration. tcli.:communicat1ons radio and television. communication and infonnation processing. (b) !\lechanical stream including the design, ,Lssemhly. manufacture installation, modification, test111g, fault finding, commissioning. mainknance and service of all mechanical equipment machinery, fluid power systems, automotive mechanics, instrnments, refrigeration, and the use of related computer controlled equipment. e.g. computer numeric controlled machine tools. (c) Fabrication Vehicle building including fabrication, forging. carpcntrs·, plumbing, founding, structural steel ercct1on, ekctroplating. tnetal spmning. metal polishing. :--.hed mdal \'dJrk. and th.; use of related computer controlkd equipment This includes fabrication tn all metals, plastics, carbon fibre composite materials. ceramics and other materials. 30 April, 1993] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 559 Vocat,onal Fields -- (a) Trade Includes an employee who possesses as a m1n1mum qualification a trade certificati: in any of the engineering streams (as defined). (b) Technical Field - (i) Production planning, including scheduling, work study, and estimating materials, handling systems and like work. (ii) Technical including inspection, quality control supplier evaluation, laboratory, m,n-destructive testing, technical purchasing, • and design and development work (prototypes, models, specifications) in both product and process areas and like work. (iii) Design and draughting and like work. 2, Wages The minimum weekly wage rate to be paid to employees shall be the sum of subclause (2)(a) and (b) and shall be paid for all purposes of the Award. The weekly wage rate shall he calculated to the nearest ten cents, with five cents or more being taken upwards: (a) Base Rate and Supplementary Payn1ent (Southern Division): C\assdicab.on Base Rate S11pplementary Level Payment Per Week Per Week $ $ I 365.20 52.00 2 383.50 54.60 3 401.70 57.20 4 420.00 59.80 5 456. 50 65 00 (b) £xcess Paymen1 In addition to the rates expressed 111 (a) above, the following excess payments shall be paid to all existing and future emplovees and shall be paid for all purposes of the Award Such excess payments shall remain unaltered unless otherwise ordered bv the Industrial Relations Commission. Class1ficat10n Leve! Per Week s I 2 3 4 s 78.00 80.30 82.00 80.60 80 50 N.B. The abow new minimum wage rate will apply from 7 June 1993. Until then the minimum wage rates will be paid Ill accordance with (Schedule l) which details the broadbanded wage adjustments that shall occur to achieve the above \vage rates. (c) The wage rate listed abov-e incorporates the Tradesperson's Allowance that was previously paid under Schedule 5 Clause 2 Subclause (6). (d) The wage rates listed includes all broadbanded wage rates adjustments which shall he absorbed into overaward payments, where such payments are being made. 'Overaward Payment' is defined as the amount (whether it be tenned 'overaward payn1ent', 'attendance bonus', 'service increm('.nt'. or any tenn whatsoever) which an employee \\/<.Hild receive in excess of the 'Award Wage' which applied immediatelv prior to the date or operation of any broadbanding adjustment awarded by the Commission for the classification 111 \Vh1ch the employee 1s engaged· Provided that such payment shall exclude overtime. shilt allcmances, penalty rates. allowances, fares and travelling ti1ne allowanc('.s and an other ancillary payment of a like nature prescribed by this Award. (e) No employee shall suffer a reduction of their total wage rate of pay ,L, a result of the implementation of the new wage rate stn1cture. However employees who are currently receiving in excess of the total amount prescribed in this clause will be safe awarded at their pre-existing rate until such time as the total minimum rate of pay expressed for that wage level is equal to or in excess of the safe guarded position. (t) These wage rates recognise that employees are to be available to carry out a wide range of duties including work which is in connection with, incidental or peripheral to their main task or function. (g) The parties agree to discuss the inclusion of an additional wage grouping at a relativity level of !20% of the CI0 rate of pay. Such discussions will include but not be limited to, the base rate of pay, supplementary payment amount excess payment amount and classification and definitions. (3) D,stnct A ilowances relating to payments for district covered by this appendix. The provisions of clause 26(3) allowances shall apply to employees (4) A iiowances (a) Employees who are engaged in spot welding mill rollers in operation while crushing is in progress shall be paid an allowance of $2. 55 per hour for the actual time so engaged. Employees who are engaged in spot welding mill rnllers during the crushing season while crushing operations are not in progress shall be paid an allowance of $1.28 per hour for the actual time so engaged. Employees who arc engaged in automatic spot welding of mill rollers during the crushing sea,on while crushing is in progress shall be paid an allowance of $1.30 per hour for the actual time so engaged. (b) Employees who are engaged in automatic spot welding of mill rollers during the crushing season while crushing operations are not in progress shall be paid an allowance of 65t per hour for the actual time so engaged: Provided that the allowance for repair v.ork shall not be payable when~ the foregoing allowances arc payabk: Provided further that where the allowances f,,r automatic and manual spot welding of mill rollers would otherwise apply, the higher rates only shall apply (c) Pressure Welding Allowance -- An employee who is required to perfom1 pressure welding shall be paid an allowance of $16.45 per week in addition to their ordinary rates of pay. Such allowance shall be paid on a daily basis on any day an employee is required to perfom1 pressure welding. ( d) R epa,r Work Trades person's engaged in repairs and alterations to old work only, not withstanding that new material may have to be used for the purpose, shall be paid 42t an hour for actual time so worked, in addition to the rates set forth herein, but nothing e:--1ra shall be claimed for dirty work (e) Except .Ls provided for in this appendix the terms and conditions applicable to the classifications contained herein shall be as provided in the relevant path· of the Engineering Award -- State. The parties are committed to transfeITing lo Part III of this Award all tenns and conditions contained in the Engineering Award State which arc relevant to Sugar Mill Employees. The parties will endeavour to have this process completed within six months of the granting of this application. 3, Prefcrl'nce Preference of employment at the time of engagement under Appendix I of Part Ill of the Award shall be given to financial rncmhers of The !Vidals and Engineering \Vork.ers' Industrial Union of Emplovecs, Queensland and The Electrical Trades l !nion of Employees of Australia, Queensland Branch or if no such financial members are available and suitable then to persons who give to the employer an undertaking in writing to make application to join the Industrial Organtzation within 14 dav-s of commencing employment. No person shall he deemed to have made application to become a financial member of the relevant lndustrial Organizations unless he or she bas tendered the fee prescribed by the Rules of that Industrial Organization to some person authorised to receive such lee on behalf of the Industrial Organization. Preference of continuation 111 employment under this Award shall be given to financial members of the Industrial Organization as mentioned above. -- 2 of 3 -- 560 QUEENSL AN D GOVERNMENT IND USTRIAL GAZETTE [30 April, 1993 Preference as above ment ioned shall. in all cases. be subj c,·t to the following conditions : (a) an employer is required to given prdcrcrn:c to a me11 1bcr of an Industrial Organi sation over ano the r pason on ly when a ll factors relevant to the panicular case are o therw ise equal: ( b) an employer is not required tc, give preferenc" to a mcmber of an Industrial Organization ov"r pcr.-c>n in respect of whom there is in force a certificate under section 13.53 of the Industrial Relations A et 1990: (c) preference means preference at the point of engagement and preference at the point of retrenchment. S chedul e I Broadbanclecl Wage A clj11stmems Le vel ] - $5 I 8.40 Clau ificab1>n Southern Bn,adbanded Br cwadband\:d 8r ('la t.ib:u1ded D1vi:si on Wage WaP.,C Wage Old Rat, lt1~ t C:l1$(' l nl.'TC' tu :e ln..:rc.·ai...- 16 l l \j'2 I 2 QJ I <, ->> $ $ $ ln::.tnu11 ,:n t Trade$per~ 11 50).30 1000 5 10 level J ·- $540. 90 t'la:tlllfi\.".otUOII !)-.,01 h e ni Uw<ulbi1.1 1Jed tlr1..-aJlian1..kJ Uf\,a ..lba.e1J..-J 01\1Sl0 ll Wa&c Wa~e wai t Old Rat~ !nl.'tcasc hit:tt.·asc l!Ktcasc 16 II <l I l 9J I ~ 03 $ $ $ M"·dtaru..:al TraJ\!iper,u1n - s 1~c1al C lall i ~l~ 00 WOO 10.00 1 <.}lj l nittfluucilf T rad~s11crs ,ln. - r.,.xoplcx .Sys tems 51.1 00 1000 10(\() ; o.>Q Elecuictan - Spe~1al Chus, \DOO IOOO 1000 - oo Level 4 SS60.40 CltJ$nfi.;;'_tl 11'l11 Sou01co1 !)r\ladl•ande<J Brl~1,lbW1d<d BhY.,dba.11dc-,t Oi\'1~ 1Qn \Va~c Wage Wngc Old Rau· lr,crc1)$e IJICf!t11J~ 111..•n :-a~e 16. 11 '-'>2 I 2.•3 ! .61.1) $ s s SruR fa13111eer1 531.20 t0.00 !000 q 20 Level 5 -- $602.00 C lau1fi.:;, 1Jl)11 So1!th.:rn BroadbanJ\}-1.-t 8r00 J l1n.n1..t..,1:I 01'1.ottdbl!lt hl\•\I 01vu= u.m W~ic \\.' 1'.tto.! \V{igt: Old Rah! ln .:-r~itS<: !u .:rc 1i i:.c lo..·1c1u~ 16 I l_'-)2 1 Zq3 I 6 ~.1 $ $ ~ s laii:mun C$ll ;tU VI~ & C:untr1>I Trndc sp1..·r :1on ~52 10 10 00 IOOO 2• 'l(J f: lt-.:l fo) ruc TraJeq.wr~ !)n 112 10 IU(JO 10.00 ;•> ...o Appendix 4 IJu,/cJ111g Trades persons C /ass1.fic« t 10n S1111 c 111re and Woge R,1/ es I. (fa~sifirnlions (J w Id, ng T radesperson I.eve/ I (100%1 A Bu il ding T radesperson •-· Lew i I is an em pl,,yec who holds a rc..:ogni~~d trade i.:~11 l l icat~ 1.,r lrad~$p<:r$Oll righ t~ c~rt iti (.:.nk 1.)f has completed the agree d modules (1f s tnictured training and has been assessed as compclent to ~nab l i;;> th~ ~mp loy i.:~ l<) r ~rt()nn Wt>rk \.vithin the scope of this leve l. 2. Wages T he m, 11 ,m um we.:kly wag.: rate to be paid to <!mployces sha ll he lh<! sum of s ub cbus~ (2)(a ) and (b) an d s ha ll b .: 1>aid for all purp,>s~s <) f the Award . The wook ly wage rate s hal l be ca lcu lated to the n.:arcst ten cents. wit h fiw cen ts or more be ing taken upwa rds: llase Rule and Supplcmsntary Paymwt (Southern ('! :v~ 1l'ic~1t1 "1n L\1"'\1 1 D ivision) : -- -- (h) Excess Pay ment J'lc, Weck $ 365.20 Supplementa:y Poymen! Pc, W'-«k $ 52.00 In additio n to tht> rates expressed in (a) above the following ~x~ess paymen ts shall be paid to all existing and fu ture emplo yees and shall h~ paid for all purposes of the Awa r d. Such excess pay• ments shall remain unaltered un le.ss ot hen,vise o rd ered by the Industrial Rela tions Comm ission . Clas11 i fic~ti,'IO I A•vel Per Wook s 78.00 (c) The wage rate listed ab ove incorporates the Tradcsperson's i\ll O\\anw tht,t WtL5 prev iou$ly pa id und~r Part 3.3. (d) The wage r:ites list~d includes all hroadbanded wage rates adjustm c:n t!- wh ich ~h:t ll h~ ah$orb\!d ln to ovc.ra:w::i.rd paymt?nts. where such payments are b eing made:. 'O v:raward Paym~nt' i~, d~fini:d ~, ~ the :1-~1ou~t (\v hethcr i~ be tcrmi!d overaw,trd p.1y111~nl nttend.-u,cc bonus serv ice rncrement. o r any tcnn whats oeve r) which an employ.:.: would rece iv e in excess \1f 1he ' Award Wage· which app li ed immediatdy prio r to the date of operation of any broadbanding adj u s tment award"d by tho Comm iss ion for lh<! c lassifica ti on in wh ii;h th ~ cmploye~ is engaged : Provid ed that suc h payment s hall e xdude ove11im e. s hift a llo wances. p ena lty rates, a ll ow:111~· c~ . fM c:, and tr;.1vclling t in\~ allowan~cs and an otha a nc illa rv paymen t o f a like na ture 1>rcsc ri be d by this Award . (c) No cmp loyc,· $ha ll s u lkr a re<.iu~t , on of th <0 ir Iota! wage rate ,,f pay as a resu lt ,,f the i mpkm en tati on ,,f the new wage rat.<: stn.1vtur.:. lh.)\\' t.~V-.!f, c.1nployc..::s wh o ar~ i.:urr~n tl y re~;c iv ing in .::xcess ,, r th.: tt>tal am o u11 1 prcs~ribed in th is <.: lauss: w i II be safe guarded at t heir pre-<0x i ~1 ing rnte until s uch time as the total mlllimum rate of pi,y expr~ss~d for th at wag~ l~vd is ~(tual to or in t!~c~ss of th ~ safo guarding pos ition. (f) These wa ge rates recog 11 ise that empl oy ees are to he avai labk to carry 0 111 a wide range of dut ies inc l uding work wh ich is in co nn~c tion with . inc idc11t,1I or peripheral to their ma in t ask o r functi<'n. 3. Disllict All vwanfcs The pmvi si,, n ,i f clau s .: 26(3) shall a pplv t <1 ,•m p lovccs c,wc red hy this app e ndix . ~ - A II OW,Ul<'CS Th<! pnwisi <•n o f the lllli ld i ng Trn,k Aw,u·J -- Stal.: sh all app ly unti l the 1e1111s and co nditio ns c1>11ta i ncd in the Bui ld i ng Trades / \ward Stale arc tr ans t;,rred 10 the Sugar Industry ..\ward - State . Th~ 11a ,1ies will ende avour Iv haw th i, pt'<.><.:<!s s co mp leted within $1.\: m onths of t hl.;' grant ing <.) f Ihi$ appl ical ion. 5. Prcforen c.: of cmp loym.,nt at the time o f e ngag<! rn ent under A ppen dix 2 of the aw ard shal l be gi "en to ti nan c, a l members of the Amalgamated Sni.;icty ~l· Carp.:n t~rs. Jo in~r?-. Bricklayers and Plasterers o f Australasia . l ;n ion , lf E111rk• )'~.:s. Q u eenslan d: Th e Plu mh.:rs and Gasli tt.:r,: Empl,,y.:c, l ;n i,, 11 c>t' , \ustra lia. Queensland Brnn,:h. Uni ,>n l't f Em p loy..:.:$: and t hi: Op~rativ..:: Pa i nt.: n; and Dc,ora t.> rs Un ion of : \us tral in (~uecn slan d 13ran d 1, Un ion of E mpl o ~·~e~ o r p.;1-so ns wh o giv~ t he: Employ~ r an u n dertaking in wri1ing to mak-, appli,·ation l ,> j <>in the re levan t Ind ustrial Organisa1ion within founccn da y$ of a cc ept i ng em p loymen t: No r~n.o n ~h :,11 bi! <le~m~ d l o have mad.: app lic ation to bl!comc a financial memhcr o f th~ r ekv:1111 I ndustr ia l Organ izations un less he or s he has tendered the f<! e pre~cri he.d by th t' Ru les of that Industrial Organizat io n to sonh! p!.!rson nuthoris~d to 1\!c ei v1; $l1Ch f~e on beha lf of 1hc Industria l Organizni ion. Prc fo rcnc~ of C◊ n(ioua ti ,)n in emp loym ent under thi~ A,,,ard s hall be giw n to fi nanc ial m< m bcrs of th~ Ind ustrial Org:ul izat i0n ,Ls ml!nl ionc.-d ,1bove . 30 April, I993 I QU EENS LAND GOVER1\1MENT IND US TRIAL GAZETTE Preference as above menti oned s hall, in all ca.ses, he subject I<) the following conditions: (a) an Employer is required to g iv e 1>rd-.:rence to a member of an Industria l Organization over another pen;on on ly wh en all fac tors relevant to the partic ular case are olherwi~e equal; (b) (c) an Employer is 001 required 1o givl! prefe rence to a member o f an I ndus tr ial Organisation ov,::r person in respect of whom there is in force a certificate under sec tion 13. 53 of the lndu srrial Relations A et J 990; pre fe rence means preference at the po int of eng:igement and preference at the point of retrenchment. ". Da ied th is nine teenth day of April. 19 93. By the C(>mm issio n. ( L.S. J M J CALLEN, lndusiri:il R~gis trar. Opera tive Date: I 9 April I 993 Variation -· N.:w Appendices Released: 19 April 1993 ###1#/#####################################II############## 561 -- 3 of 3 --