Copper Refineries Pty Ltd v The Electrical Trades Union of Employees of Australia, Queensland Branch and Others [1997] QIRC 161 (1997) 154 QGIG 1322

1322 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 24 April, 1997 ########################################################## QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations An 1990 s. 147 application for variation Copper Refine,ie~ Pty Ltd. AND ·111e Electm::al Trades Union of Employees of Australia, Queensland Branch and Others /No. B328 ofl997) COPPER REFINERIES PTY. LTD. TOWNSVILLE - WAGES INDUSTRIAL AGREEMENT COMMISSIONER BLOOMFIELD 6 March 1997 VARIATION Tl 11S matter comiug on for hearing heforc the Conunission at Brishane on 6 March 1997. this Commission doth order that the said Industrial Agreement be varied a, follows as from the ~ix tit day of March. 1997 · - I. By deleting subclause (2) "Wages Rate<' of clause 2 (Cla~sifications and Wage Rate,) and inserting the following in lieu thereof:-- "(2) Waxe Rate~ The minimum weekly rates of wages payahle to the following classes of employees shall he:- Base Rate Ci;i,,ificat1on Level Relativity Per Week 'if $ (~ote 3) (Note 4) 13. 145 12.. 130 11 .......................... 125 iO.. . . 120 9 ....................... 115 8 . ..................... 110 7 ........................ 105 6 ... 5 .. .100 . 96.5 4 ......................... 93.5 89 ~ ................. ~5.5 81.5 572.95 513.85 49-L05 474.35 454.6:i 434.85 415.25 395.45 381.65 369.85 J54.15 ~38.25 322.45 Supplementary Payment Per Weck Overaward $ $ (Note 2) (Note 5) 90 !O 30.20 81.60 30.20 78.80 30.20 76.00 30.20 73.20 30.20 70.40 30.20 67.60 30.20 64.80 30.20 62.90 25.90 6110 21.60 58.90 17.30 56.70 13.00 5-U0 8.60 Agreement Rate a, from 9i1019~ Per Weck $ (l\ote I) 693.25 625.65 603.05 580.55 558.05 535.45 513.05 490.45 470.45 452.55 430.35 407.95 385.45 Note I The> Agreernem Rate include~ wage increases and adjustments ansing from State Wage Case decisions colloquially referred to a~: 2nd Tier Adjustment; I st (2 parts) and 2nd Structural Efficiency Adjustments: Minimum Rates Adiustment; the fiN $8.00 Safety Net Adju:-.tment: an (heraw;ui payment; and an 8% increa;;;e resulting from Ce11ified Agreement No. CA 76 of 1996. Notc2 The supplementary payment at each classificatio11 level includes an $8.00 ad.1ustment reflecting the application of the arbitrared Safety Net Adjustment Principle enunciated in the February 1994 Review of Wage Fixing Principles. Consistent with the requirements of that principle the $8.0U Safety 1\ct Adjustment is absorbable to the extent of any equivalent amount in rates of pay whether O\leraward, award, industrial agreement or certified agreement in exce% of the minimum rates (base rate and supplementary payment) prescribed in accordance with the October 1989 Sr ate Wage Case decision and adjusted in accordance with the July 1991 State Wage Ca"c decision. In this instance, the absorption principle has been applied to the overaward payment (refer Note 5) which includes. among other amounts, pre-existing service increments and experience payments. "Ovcrwwrd" Payment is defined as the amou11t in rates of pay which an employee would receive in excess of the minimum award wage as pre~cribed in this Agreement for the classification in which such employee is engaged which applied immediately prior to the date of operation of this variation: P10vided that this definition shall exclude overtime, shift allowances. penalty rates, expen!->e related ailowance~, industry allowances, disability allowances, vacation allowances, special rates or allowances, respo11sibility allowances, 01 any other ancillary payments of a like nature described by this Agreement. Note 3 The percentage relativities column rebtes to percentages applying before the application of the $1.05 divisional allowance and the $8.00 arbitrated safery net adjustment made in accordance with the February 1994 Review of Wage Fixing Principles, and the 8% increase resulting from Certified Agreement :--Jo. CA 76 of 1996. The percentage relativities are hased on a base rate and supplementary payment totalling $417.20 per week. Note 4 The base rate at each classification level includes the $ I ()5 divisional allowance Note 5 Pre .. existing service increment~ and experience paym,:nts." 2. By re-numbering clause 7 (Operation of Agreement) as clause X and inserting a new clause 7 (Superannuation) a~ follows:-- "Superanuuation 7.( I) Occupational Superannuation ( a) This subclau~e shall apply to all employeei. of the Company except employees who are member~ of or hecorne members of the MIM Wages Employees Superannuation Plan. (b) Definitions - (i) The 'Fund' shall mean the Sunsuper Superannuation Fund. (ii) 'Ordinary Time Earnings' shall mean the actual ordinary rate of pay prescribed for the employees classification in this Agreement for his/her ordinary hours of work unde1 this Agreement including shift loading and leading hand allowance where applicable. Ordinary time earnings shall not include payment based on production. overtime, disahility allowance, penalty rates, fares and travelling time allowances or ;:my other extraneous payments of a like nature. (c) Contributum Amount The Company shall. in respect to an employee, contribute an amount equal to 6% ( which shall he adju.~ted periodically in accordance with Government Legislaiion) of ordinary time earnings or if applicable, 6% (which shall be adjusted periodically in accordance with Government Legislation) nf weekly paymenb made under the Workers' Compensation Act. to the Fund for the credit of such employee at such times and frn such periods as the Companies are required to do -;o pursuant to the relevant Trust Deed. 24 April, 1997 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1323 (d) Dearh or Tutai and Permanent Disablement Bmefit Insurance cover for Death or Total and Permanent Disablement may appl_y at the option of the Member. Such cover is provided upon wntten request by the Member when joining the Plan and 1s not sub.1ect to the results of a medical examination Members who elect not to have this insurance cover when they join the Plan. may subsequently elect 10 he provided insurance cover under the Plan; the level of such cover berng determined hy the Trustee ha\lmg regard to the results of a medical examination of the Member. The cost of providing such cover shall be deducted from the Company Contribution Amount. (e) Admimstratiori bxpenses A deduction shall be made from the Company Contribution Amount to meet the acwal and exr-:cted administration expenses incidental to the ad1rn111stratton of the Fund. (f) Voluntary Contributions - Lnder the Rules of the Fund, members may conuibule to the Fund by way of regular payroll deduct10ns (2) MIM Wa,1;es Emplovees Superannuatwn Plan .'the Plan' Except for employees covered by the Occupalional Superannuation arrangements m ( l ) above, the followmg provisions shall dete.rmrne the bases for the calculations of employer superannuation contnbut10ns:-- (al (b) 'Old Superannuation Wa.i;e (old base)' For the purposes of the Plan, on I July 1996, the old base ,as calculated below) wiil he fixed. The old base will be adjusted thereafter annually at I July rn line with movements in the Average Ordinary Time Earnings Index (i\WOTE) published by the Bureau of Statistics for the March quarter of the relevant year. The wage used for calculating the old base at I July 1996, is the employee's cla!->sification rate, (detailed in clause 5.2 Wage Rates) a, at that time. expressed m; an annual amount. 'New Si,perannuation Base' - FUJ members where annualised salaries have been implemented through an Enterpnse Bargammg Agreement, the new base for the purpose of the Plan_ shall be the salary rate of a day worker (excludmg puhhc hohday penalty payments): Provided that the new base shall not exceed a maximum figure which is fixed at $40,000 p.a. as at I July 1996. The maximum will be increased annually at l July in line with movements in A WOTE Index published hy the Bureau of Statistics for the March quarter of the relevant year. (c) For members where annualised salaries have not been implemented through an Enterprise Bargaining Agreement. the old base_ as per paiagraph (a) will be used until a new base 1s detemuned m accordance with (b) abO\le. (d) ·Accumulation Section Trunsitional Arranxements Old Base to Nnv Base' For employees who elect 10 transfer to the Accumulation Section of the Plan, contributions made by the Company shall be phased in as follows:- Year I (01/07/96 30/06/97) I I % of old ba~e plus 4% of the difference between new base and old base Year2 (01/07 /97 - 30/06/98) I 191, of old base plus 8% of the difference between new base and old hase After Year 2 (from 01/07/98) I l % of new hase Provided that where annualised salaries have not been introduced as a result of an Enterprise Bargaining Agreement, contributions made by the Company will be equal to 11 % of old base until a new base is determined (at which time the atxwe phase-111 commences to apply). (e) ·Defined Benefits Section' For employees who elect to remain in the Defined Benefits Section, existing defined benefits will remam as they are. This means that retirement, death and disablem~nt hcnefit~ will continue to be calculated usmg the defined benehts rules except that the wage used to calculate the benefits will be the old base as defined in (a) which will be mdexed annually on I July in accordance with movements in A WOTE Index published by the Bureau of Statistics for the March quarter of the relevant year. Additionally, such employees will receive a suppiementary benefit equal to fully vested Company-funded accumulation s~pplemcnt calculated at 11 % of the ditforence between an employee s old hase and new base. This benefit will be phased-in over two years, as set out below:- 4% I July 1996 to 30 June 1997 8% I July 1997 to 30 June 1998 11°1c, I July I 998 onwards.'' Dated this :-.1xth day of March. 1997. By the Commission, [LS.] E. EWALD, Industrial Registrar. Operative Date: 6 March 1997 Variation Wages and Superannuation Released: 14 Apnl 1997 ########################################################## -- 1 of 1 --