RADIO AND TELEVISION EMPLOYEES’ AWARD WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Electrical Trades Union WA APPLICANT -v- Albany TV Services and others RESPONDENTS CORAM Senior Commissioner R Cosentino DATE FRIday, 29 September 2023 FILE NO/S APPL 65 OF 2023 CITATION NO. 2023 WAIRC 00778 Result Award Varied Representation Applicant No appearance Respondents No appearance Order WHEREAS this is an application filed by the Electrical Trades Union WA (ETU) on 16 August 2023 to vary the Radio and Television Employees’ Award pursuant to s 40 of the Industrial Relations Act 1979 (WA) (IR Act); AND WHEREAS Schedule C of the application set out the grounds upon which it is made, indicating the application is made to increase the allowances in the Award by the percentage increase ordered in the 2023 State Wage case ([2023] WAIRC 00337; (2023) 103 WAIG 748), that is an increase of 5.3% and by relevant CPI rates from June 2022 to June 2023; AND WHEREAS the ETU amended its application to additionally vary the junior rates of pay provisions to remove provisions which would result in employees being paid less than the statutory minimum rates of pay and delete the text of clause 31; AND WHEREAS the variations were not opposed by any respondent to the application for variation; AND WHEREAS as the ETU is a party bound by the Award it has standing to bring the application under s 40(2) of the IR Act; AND WHEREAS as the application is not made within the term specified in clause 4 of the Award, s 40(3) of the IR Act is inapplicable and no barrier to the amendments sought; AND WHEREAS the Award does not specify a method for adjusting allowances which is at odds with the methods involved in this application. The adjustments sought are consistent with the wage fixing principles set out in the 2021 State Wage Case; AND BEING satisfied that the requirements for varying the Award are met; NOW THEREFORE, the Commission, pursuant to the powers conferred under the IR Act, hereby orders – THAT the Radio and Television Employees’ Award be varied in accordance with the attached Schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after the date of this order. Senior Commissioner R Cosentino SCHEDULE 1. Clause 9. – Overtime: Delete paragraph (f) of subclause (3) of this Clause and insert in lieu thereof: (f) Subject to the provisions of paragraph (g) of this subclause, an employee required to work overtime for more than two hours shall be supplied with a meal by the employer or be paid $16.35 or a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required they shall be supplied with each such meal by the employer or be paid $11.05 for each meal so required. 2. Clause 13. – Car Allowances: Delete subclause (3) of this Clause and insert in lieu thereof the following: (3) A year for the purpose of this Clause shall commence on 1 July and end on 30 June next following. RATES OF HIRE FOR USE OF EMPLOYEE'S OWN VEHICLE ON EMPLOYER'S BUSINESS MOTOR CAR Area And Details Engine Displacement (In Cubic Centimetres) Rate per Kilometre (cents) : 1600cc & Under Metropolitan Area : 79.0 South West Land Division : 80.8 North of 23.5o South Latitude : 89.3 Rest of the State : 83.8 MOTOR CYCLE (In All Areas) 34.8 cents per Kilometre 3. Clause 14. – Distant Work: Delete subclause (4) of this Clause and insert in lieu thereof the following: (4) Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job the employee shall be provided with suitable transport to and from that job or be paid an allowance of $19.00 per day provided that where the time actually spent in travelling either to or from the job exceeds twenty minutes, that excess travelling time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer. 4. Clause 29. – Wages: A. Delete subclause (2) of this Clause and insert in lieu thereof: (2) Leading Hands: In addition to the appropriate total wage prescribed in subclause (1) of this Clause a leading hand shall be paid: (a) : $39.00 (b) : $59.40 (c) : $76.80 B. Delete subclause (4) of this Clause and insert in lieu thereof: (4) Junior Employees - (Wage per week expressed as a percentage of the "Assembler" rate as shown in subclause (1) of this clause). % Under 16 years of age 40 Between 16 and 17 years of age 50 Between 17 and 18 years of age 60 Between 18 and 19 years of age 70 Between 19 and 20 years of age 80 Between 20 and 21 years of age 90 C. Delete subclause (5) of this Clause and insert in lieu thereof: (5) (a) Where an employer does not provide a Serviceperson, Installer, Assembler or an apprentice with the tools ordinarily required by that Serviceperson, Installer, Assembler or apprentice in the performance of their work as a Serviceperson, Installer, Assembler or as an apprentice the employer shall pay a tool allowance of:- (i) $21.40 per week to such Serviceperson, Installer or Assembler; or (ii) In the case of an apprentice a percentage of $21.40 being the percentage which appears against their year of apprenticeship in subclause (3) of this Clause, for the purpose of such Serviceperson, Installer, Assembler or apprentice supplying and maintaining tools ordinarily required in the performance of their work as a Serviceperson, Installer, Assembler or apprentice. (b) Any tool allowance paid pursuant to paragraph (a) of this subclause shall be included in, and form part of, the ordinary weekly wage prescribed in this Clause. (c) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments. (d) A tradesperson or apprentice shall replace or pay for any tools supplied by the employer if lost through their negligence. 5. Clause 31. – Junior Employees - Special Orders: Delete the text of this Clause and re-name it: 31. - JUNIOR EMPLOYEES - SPECIAL ORDERS - CANCELLED