Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v The Crown [1997] QIRC 85 (1997) 157 QGIG 960

960 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 21 March, 1997 ########################################################## QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. I 44 application for variation Amtralian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND The Crown (No. B503 off 994) EMPLOYEES OF QUEENSLAND GOVERNMENT DEPARTMENTS (OTHER THAN PUBLIC SERV A1'.TS) AW ARD COMMISSIONER SW AN 25 February 1997 VARIATION THIS matter coming on for hearing before the Commission at Brisbane on 6 September and 21 October 1994, 2 May and 6 April 1995, 9 Febmary, 10 April, 22 May and 27 June 1996, and 13 February 1997, this Commission doth order that the said A ward be varied as follows as from the 17 March. 1997:- L By deleting provision (b) of subclause (5) of Schedule E Translation Arrangements and inserting the following in lieu thereof "(b)Misallaneous Workers' Award State Government Cleaners " 38 hour a week Cleaners attending work once and twice daily shall translate to the Operation Stream, Level 2 Pay Point I. Upon translation employees attending work twice daily ~hall be further entitled to Broken Work Allowance as provided for in clause 3.5(6) herein. Provided that a<; from the 17 March 1997 the following will apply: 38 hour a week Cleaners attendinK work once and twia daily immediately prior to the creation of this Award shall translate to the Operational Stream, Level 2 Pay Point 4. Upon translation employees attending work twice daily shall be further entitled to Broken Work Allowance as provided for in clause 3.5(6) herein and such allowance shall be payable for all purposes of the Award. Such employees shall also be entitled to a non-adJustable, non- absorbable fortnightly allowance in accordance with the following table: .SeTV1C~ lncremen1 Pa;ment (SIP! b>el a1 at I 1 November J993 No Entitlement SIP (After 1st year of service) SIP (After 2nd year of service) SIP (After 3rd year of service) Non-Ad~Ll'll!hle, Non-Afaorfxihle Al/0>1-1:mce }$31.24 per fortnight }$31.24 per fo1tnight }$41.37 per fortnight }$51.76 per fortnight (Note:- The non-adjustable, non-absorbable allowance shall be for all purposes of this Award including shift penalty and annual leave loading). " 30 hours per week Cleaners attending work twice daily who were paid in accordance with clause 7( I) of the Miscellaneous Workers' Award State Government shall translate to the Operational Stream, Level 2, Pay Point 4. Lpon translation such employees shall be further entitled to Broken Work Allowance as provided for in clause 3.5(6) herein. Such employees shall also he entitled to a non-adjustable, non-absorbable fortnightly allowance which will be the difference between their total remuneration immediately prior to translation (including service incremental payments and supervisory allowances) and their new remuneration immediately upon translation (including Broken Work Allowance). 21 March, 1997 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 961 (Note - The non-adjustable, non-absorbable allowance shall be for all purposes of this Award including shift penalty and annual leave loading: Provided that such allowance shall cease to be payable if an employee at their own request becomes a full-time employee.) ., Cleaners attending work twice daily, who were remunerated as casuals in terms of clause 7(2) of the Miscellaneous Workers' A ward State Government shall translate to the Operational Stream, Level 2, Pay Point J · Provided that any male cleaner working twice daily, 30 hours per week in a secondary school immediately prior to the creation of this Award shall translate to Level 2, Pay Point 3 of the Operational Stream Provided further that as from the 17 March 1997 the following will apply. Male Cleaners workinx twice daily, 30 hours per week in a secondary school immediately prior to the creation of this Award shall translate to Level 2, Pay Point 4 of the Operational Stream. upon translation employees attending work twice daily shall be fu1ther entitled to Broken Work Allowance a<; provided for in clause 3.5(6) herein and such allowance shall be payable for all pw poses of the Award. Such employees shall also be entitled to a non-adjustable, non-absorbable fortnightly allowance in accordance with the following table: Servu·e !naement Payment (SIP) level a~ at 11 November I 993 No Entitlement SIP (After 1st year of service) SIP (After 2nd year of service) SIP (After 3rd year of service) Non-Adj.Lrrable, Non-Absoroable Alkmunce }$16.24 per fortnight }$16.24 per fortnight }$24.24 per fortnight }$32.44 per fortnight Cleaners attending work once daily, who were remunerated as casuals in terms of clause 7(2) of the Miscellaneous Workers' A ward State Government shall translate to the Operational Stream, Level 2, Pay Point I. Upon translation such employees who become part-time employees as defined in clause 3.1 herein shall also be entitled to a 69c per hour allowance which shall be absorbed by any future wage increa-;es. Cleaners employed in Primary Schools attendmg work once daily for :~o or less hours per week and remunerated al $11.67 per hour (paid administratively) shall translate to the Operational Stream, Level 2, Pay Point 4. Upon translation such employees shall be paid a non-adjustable, non-absorbable allowance of 37c per hour. (Note:- The non-adjustable, non-absorbablc allowance shall be paid for all purposes of this Award including shift penalty and annual leave loading: Provided that such allowance shall cease to be payable if an employee at their own request becomes a full-time employee.) " Cleaners (other than casuals) attending work twice daily and remunerated in terms of clause 7(2) of the Miscellaneous Workers' Award - Stale Government shall translate to the Operational Stream, Level 2, Pay Point 4. Cleaners employed by the Administrative Services Department who attend work once daily for 30 hours per week and who as at the day immediately before the creation of this Award were remunerated at the base rate of $672.60 per fortnight (paid administratively) shall translate to the Operational Stream, Level 2, Pay Point 4. Upon translation such employees shall also be entitled to a non- adjustable, non-absorbable fortnightly allowance which will be the difference between their total remuneration immediately prior to translation (excluding shift penalty payments, but including service incremental payments and supervisory allowances) and their new remuneration immediately upon translation (excluding shift penalty payments). (Note:- The non-adjustable, non-absorbable allowance shall be for all purposes of the award including shift penalty and annual leave loading: Provided that such allowance shall cease to be payable if an employee at their own request becomes a full-time employee.) • Employees of Administrative Services Department who as at the date of creation of this Award are in receipt of supervisory allowances will have such allowances incorporated into their non- adjustable, non-absorbable excess payment " In accordance with the State Wage Case Wage Fixation Principles the parties agree that with translation to the Public Sector classification and Remuneration System no employee employed immediately prior to the creation of this Award whose hours of work and working arrangements remain unchanged at translation shall receive a reduction in ordinary time earnings.". Dated this twenty-fifth day of Febmary, I 997. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Operative Date: 17 March 1997 Variation Amendment to Schedule to the Award Relea<;ed: 6 March 1997 ########################################################## -- 1 of 1 --