PAY SCALE SUMMARY derived from the Industry Award - State (Excluding South-East Queensland) 2003 [AN140114 - QLD]

Published 25Jan07

This pay scale summary was developed by the Workplace Authority and is derived from the above award as it was on 26 March 2006 as adjusted by the Australian Fair Pay Commission. This summary incorporates increases determined by the Australian Fair Pay Commission with effect from 1 December 2006.

This summary sets out basic classification wages, and associated provisions, derived from the 26 March 2006 version of the award. Other conditions of employment (including allowances, penalties and loadings) may be contained in an award, workplace agreement, contract of employment, or Notional Agreement Preserving State Awards.

Demonstrated compliance with the details published in this pay scale summary by an employer bound to observe the provisions of the equivalent preserved Australian Pay and Classification Scale (pay scale) will be deemed by the Workplace Ombudsman (Office of Workplace Services) as satisfying the employer's obligations under the pay scale, provided that the employee is correctly classified and paid for each hour worked in accordance with the pay scale. The keeping of time and wages records and the issuing of payslips is required by law and will be needed to demonstrate to the Workplace Ombudsman compliance with this pay scale.

Inquiries about the application of the Australian Fair Pay Commission’s decision should be referred to the Workplace Infoline on 1300 363 264.

Coverage

This pay scale summary shall apply to all employees engaged in, or in connection with, fast food operations (as defined) throughout the State of Queensland excluding the South- Eastern Division, employed by

Toocom Pty Ltd trading as Hungry Jacks Qld, and franchises; Amalgamated Food and Poultry Pty Ltd (Inc.) W.A. trading as and Big Rooster, and franchises; Chicken World; Domino's Pty Ltd, and franchises; Eagle Boys Dial-a-Pizza Australia Pty Ltd, and franchises; Brodies Enterprises Pty Ltd and Brodies Franchises Pty Ltd trading as Brodies Meal Makers, and franchises; Emu Ice Cream Pty Ltd trading as Great Australian Ice Creamery and franchises:

______1 Pay Scale Summary – Fast Food Industry Award - State (Excluding South-East Queensland) 2003 [AN140114 - QLD]

"Fast Foods" means and includes specialty take-away foods and proprietary items packaged, sold and served in such a manner as to facilitate their being taken from the point of distribution to be consumed elsewhere: Provided that this definition shall not be construed so as to include the re-heating of pre-cooked foods which are sold in sandwich bars, milk bars, grocery shops and shops trading as delicatessens or roadhouses attached to service stations.

"Fast Food Operations" means the preparation and serving of Fast Foods in fast food outlets.

"Fast Foods Outlet" means an establishment or section of an establishment which is exclusively engaged in the preparation and/or serving of Fast Foods (as defined above) and shall include any company premises, whether within such establishment or otherwise, where Fast Foods are prepared or partially prepared, which by custom and practice is open for 7 days of the week.

This pay scale summary does not apply to employees covered by any other pay scale summary, nor to any establishment which has a licence to sell alcohol.

This pay scale summary also apply to all employees engaged in, or in connection with, fast food operations (as defined above) throughout the State of Queensland excluding the South- Eastern Division, employed by Uncle Tony's Kebabs Pty Ltd trading as Uncle Tony's Kebabs and franchises, and to their employers; Systems Australia Pty Ltd and franchises, and to their employers.

The pay scale summary applies throughout the State of Queensland including all islands off the coast with the exception of that portion of the State within the following boundaries:

commencing at Point Danger, and bounded then by the southern boundary of the State westerly to 151 degrees of east longitude; then by that meridian of longitude bearing true north to 24 degrees 30 minutes of south latitude; then by that parallel of latitude bearing true east to the sea-coast; and then by the sea-coast southerly to the point of commencement, and all islands situated south of 24 degrees 30 minutes of south latitude and within the State of Queensland.

For detail of the coverage provisions see the 26 March 2006 version of the award.

Wages

Basic Hourly Rate Classification ($) Fast Food Worker Level 1 $13.47 Fast Food Worker Level 2 $13.47 Fast Food Worker Level 3 $13.47

Casual Rates

Loading for Casual employees Loading Based on relevant basic hourly rate 25% ______2 Pay Scale Summary – Fast Food Industry Award - State (Excluding South-East Queensland) 2003 [AN140114 - QLD] Classifications

For detail of classification descriptions see the 26 March 2006 version of the award.

Juniors

Years of age Percentage of the applicable adult rate for Level 1, 2, or 3 as appropriate (%)

Level 1 Level 2 Level 3 Under 17 years of 55% ($7.06) 55% ($7.21) 55% ($7.39) age 17 and under 18 65% ($8.34) 65% ($8.52) 65% ($8.73) years of age 18 and under 19 75% ($9.62) 75% ($9.83) 75% ($10.07) years of age 19 and under 20 85% ($10.91) 85% ($11.14) 85% ($11.41) years of age

And thereafter at the appropriate adult rate.

Note: the rates for juniors in brackets have been calculated on the basis of the minimum adult rates (Fast Food Worker Levels 1, 2 and 3 increased by $0.72 = $12.83; $13.1025; and $13.4275 respectively), before those adult rates were increased to the FMW ($13.47) by the Fair Pay Commission’s Decision No.1. This is because the Fair Pay Commission’s decision indicates that junior rates should be increased in that way.

Frequency of payment

All employees covered by this pay scale summary shall be paid on the same day every week, within 3 days of the completion of the week's work.

Except where the employer and the employee otherwise agree in writing, wages shall be paid in the employer's time.

The above may be amended by agreement in writing between the employer and the employee, and the Union, provided that the employer may elect to pay wages fortnightly. “The Union” is defined to mean the Australian Workers' Union of Employees, Queensland. Note that the frequency of payment provisions in this pay scale summary do not apply to employees who are covered by a workplace agreement or contract of employment containing frequency of payment provisions that provide for payments in respect of periods of one month or less. Such employees are guaranteed payment in accordance with the frequency of payment provisions in the workplace agreement or contract of employment.

______3 Pay Scale Summary – Fast Food Industry Award - State (Excluding South-East Queensland) 2003 [AN140114 - QLD] Transitional Arrangements

Despite the coverage provisions of this pay scale summary, an employee or employer may not be covered by this pay scale while the employee or employer is covered by one of the following: a pre-reform federal certified agreement

a pre-reform federal Australian Workplace Agreement

an individual or collective preserved State agreement

a transitional award (for employers in the federal system not covered by the 26 March 2006 workplace reforms, these will apply for up to 5 years). If you require assistance with any of the provisions of this pay scale summary please call the Workplace Infoline on 1300 363 264.

Disclaimer By agreeing to use this summary of information, the user agrees: that the Commonwealth of Australia does not give any guarantee, undertaking or warranty whatsoever in relation to the summary, including in relation to the accuracy, completeness or currency of the summary; and to indemnify and hold harmless the Commonwealth from and against any loss or liability suffered by a user or a third party, arising out of the provision of the information, howsoever caused, including due to the negligence of the Commonwealth.

______4 Pay Scale Summary – Fast Food Industry Award - State (Excluding South-East Queensland) 2003 [AN140114 - QLD]