AN140064 – Clerical Award - Hotels, Resorts and Certain Other Licensed Premises - State (South East Queensland) 2002
1.4.1 This Award applies to employers conducting or directly involved in the conduct of a "Category A Establishment" or a "Category B Establishment" and to employees of either kind of establishment, who are employed directly or in connection with any such business. "Category A" and "Category B" Establishments are defined in clauses 1.6.4 and 1.6.5 respectively.
1.4.2 Despite clause 1.4.1, this Award does not apply to employers and their employees bound by any of the following named awards and/or industrial agreements while they remain in force:
(a) Clerical Employees Award - State 2002;
(b) the industrial agreement called the "Clerks and Switchboard Attendants Award - State - Clerks, Receptionists and Switchboard Attendants employed by members of the Queensland Motel and Accommodation Association Inc - Industrial Agreement";
(c) Any other industrial agreement to the extent that it relates to employers and/or employees described in clause 1.4.1.
1.4.3 Partial exemption
(a) As an alternative to being subject to all Award provisions a full-time or part-time employee engaged according to Levels 6 or 7 as prescribed in this Award, may mutually agree in writing with the employer that the following conditions of this Award shall not apply:
Hours of work - full-time employees
Hours of work - part-time employees
Overtime
Weekend penalty rates and late work allowances
Public holidays
(b) A copy of the terms of the agreement will be supplied to the employee.
(c) There will be taken to be mutual agreement for the purposes of clause 1.4.3(a) if an employer employed an employee pursuant to clause 7.5 of the Clerical Award - Hotels, Resorts and Certain Other Licensed Premises State (South East Queensland) prior to [date of operation] 2002.
(d) The overall terms and conditions of employment agreed under clause 1.4.3 must be not less favourable than the provisions of this Award as a whole and the employee shall not be disadvantaged by the agreement, taking into consideration the Award rate the employee would otherwise have been paid had the employee not entered into such agreement.
(e) Without limiting clause 1.4.3(d), the employer must pay the employee a regular weekly wage which is not less than 125% of the weekly rate prescribed by the Award for the relevant level (Level 6 or 7) in which the employee is engaged.
(f) If an employee considers that the employee has been disadvantaged by the agreement, this issue must be addressed between the employer and employee in the manner prescribed in clause 3.1 (Grievance and dispute settling procedure). No claim for unpaid wages resulting from clause 1.4.3 may be made under the Act until the grievance and dispute settling procedure under this Award has been concluded.
