Modification of Act—variation of transitional pay equity order
3A.01B Modification of Act—variation of transitional pay equity order
For subitem 8(1) of Schedule 2 to the Act, Schedule 3A to the Act is modified by inserting the following after item 30A:
‘30B Variation of transitional pay equity order
This item applies to the transitional pay equity order taken to have been made under item 30A to the extent that the order relates to the Division 2B State award derived from the source award known as the Queensland Community Services and Crisis Assistance Award—State 2008.
On 1 December 2012, FWA is taken to vary the transitional pay equity order in relation to each affected employee of the employer.
The transitional pay equity order, as varied (the varied transitional pay equity order), requires the employer to pay to each affected employee, in accordance with subitem (4), 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 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.
30C 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.
30D FWA may vary transitional pay equity orders
In an annual wage review, FWA may make a determination varying the transitional pay equity order that is taken to have been made under subitem 30A(1).
Division 3 of Part 2‑6 of the FW Act (other than section 292) applies to the transitional pay equity order as if the transitional pay equity order were a modern award.
This item does not apply to the transitional pay equity order to the extent that the order relates to the Division 2B State award derived from the source award known as the Queensland Community Services and Crisis Assistance Award—State 2008.
See subitem 30B(1).’.
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