Modification of Act—variation of transitional pay equity order
3.03H Modification of Act—variation of transitional pay equity order
For subitem 8(1) of Schedule 2 to the Act, Schedule 3 to the Act is modified by inserting the following after item 43:
‘44 Variation of transitional pay equity order
On 1 December 2012, FWA is taken to vary the transitional pay equity order taken to have been made under subitem 43(1) on 27 March 2011.
The transitional pay equity order, as varied (the varied transitional pay equity order), requires the prescribed class of employers mentioned in regulation 3.03B of the Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009 to pay to each affected employee, in accordance with subitem (3), a base rate of pay that is not less than the base rate of pay that the employee would be entitled to be paid if:
the Queensland Community Services and Crisis Assistance Award—State 2008 (the source award), as in effect at 1 December 2012, applied to the employee; and
the base rate of pay payable under the source award after 1 December 2012 continued to be determined in accordance with the source pay equity order.
The source pay equity order is the order made by the Queensland Industrial Relations Commission on 12 June 2009 in the matter of Queensland Services, Industrial Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (A/2008/5).
The base rate of pay includes any amount required to be paid under the general ruling made by the Queensland Industrial Relations Commission on 16 August 2012 in the matters of Queensland Council of Unions AND Local Government Association of Queensland Ltd and Others (B/2012/14) and The Australian Workers’ Union of Employees, Queensland AND Local Government Association of Queensland Ltd and Others (B/2012/15).
The varied transitional pay equity order takes effect, in relation to the employee, on the first day of the first pay period that starts on or after 1 December 2012.
Schedule 1A to the Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009 sets out the base rates of pay payable under the varied transitional pay equity order.
45 Variation of modern award minimum wage applicable to varied transitional pay equity order
If FWA varies minimum wages in the Social, Community, Home Care and Disability Services Industry Award 2010 (the SACS modern award) as part of an annual wage review for the financial years starting on 1 July 2012 and ending on 30 June 2020, the variation applies to the base rate payable under the varied transitional pay equity order as if the varied transitional pay equity order were the relevant modern award.
See sections 285 and 286 of the FW Act.
However, any variation to the SACS modern award made as part of the annual wage review for the financial year starting on 1 July 2019 is applicable to the varied transitional pay equity order only to the extent that the increase does not result in the varied transitional pay equity order exceeding the final rate set out in clause 6.2 of the equal remuneration order made by FWA on 22 June 2012 under section 302 of the FW Act.’.
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