Benchmark WA Industrial Relations Case Database

NOVEMBER 2008

(2008) 88 WAIG Single Commissioner (WAIRC) 2008-11-13
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Not yet cited by other cases
APPLICANT: NOVEMBER 2008 FILE NO APPL 51 OF 2008 CITATION NO. 2008 WAIRC 01594 Result Award varied Representation Applicant Ms J O’Keefe Respondents Mr A Harper Order HAVING heard Ms J O’Keefe on behalf of the
RESPONDENT: Mr A Harper on behalf of the
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Concept tags · 1

[S]Overtime and penalty rates

Cases cited in this decision · 2

Cited
[2008] WAIRC 1594 (not in corpus)
"…INDUSTRIAL RELATIONS COMMISSION PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION APPLICANT -v- HON PREMIER OF WESTERN AUSTRALIA AND OTHERS RESPONDENTS CORAM COMMISSIONER S WOOD DATE THURSDAY, 13 NOVEMBER 2008 FILE...…"
Cited
[2008] WAIRC 1633 (not in corpus)
"…of subclause 5.4.2 of this clause and insert the following in lieu thereof: (b) Employees so appointed shall be paid the following rates in addition to their prescribed wage: 10 employees or less In excess of 10...…"
Archived text (786 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION APPLICANT -v- HON PREMIER OF WESTERN AUSTRALIA AND OTHERS RESPONDENTS CORAM COMMISSIONER S WOOD DATE THURSDAY, 13 NOVEMBER 2008 FILE NO APPL 51 OF 2008 CITATION NO. 2008 WAIRC 01594 Result Award varied Representation Applicant Ms J O’Keefe Respondents Mr A Harper Order HAVING heard Ms J O’Keefe on behalf of the applicant and Mr A Harper on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, and by consent, hereby orders: THAT the Cleaners and Caretakers (Government) Award 1975 as varied, be further varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the date of this order. (Sgd.) S WOOD, [L.S.] Commissioner. SCHEDULE 1. Clause 3.2. – Overtime: Delete paragraph (a) of subclause 3.2.3 of this clause and insert the following in lieu thereof: 3.2.3 (a) Any employee who, without being notified the previous day, is required to continue working for more than one hour after the usual ceasing time shall be provided with a meal by the employer or be paid $10.70 in lieu of the meal. 2. Clause 5.1. – Special Rates and Provisions: A. Delete paragraph (a) of subclause 5.1.1 of this clause and insert the following in lieu thereof: 5.1.1 (a) All employees called upon to clean closets connected with septic tanks or sewerage shall receive an allowance of 71 cents per closet per week. B. Delete subclause 5.1.2 of this clause and insert the following in lieu thereof: 5.1.2 Employees called upon outside the ordinary working hours to wash towels shall be paid $4.35 per dozen for ordinary towels, and $3.25 per dozen for dusters, hand towels and tea towels. C. Delete sub-paragraph (i) of paragraph (b) of subclause 5.1.4 of this clause and insert the following in lieu thereof: (b) (i) When window cleaning is done from a ladder and any portion of a window to be cleaned is more than seven metres from the nearest horizontal plane, the employee shall be paid an allowance of 13 cents per window. D. Delete subclause 5.1.5 of this clause and insert the following in lieu thereof: 5.1.5 Employees who are required to work their ordinary hours each day in two shifts and where the break between the two shifts is not less than three hours, shall be paid an allowance of $4.10 per day. 88 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2281 E. Delete subclause 5.1.6 of this clause and insert the following in lieu thereof: 5.1.6 An employee who is required to open and close classrooms, halls and other school facilities for any activities authorised by the Principal, shall be paid an allowance according to the following scale: Per Day $ (a) Evenings - Monday to Friday Up to 40 rooms per week 6.95 41 rooms to 100 per week 10.55 Over 100 rooms per week 13.90 (b) Saturday and Sunday 13.20 (c) An additional allowance of $4.10 shall be paid to a caretaker on each occasion they are required to open or close a school facility after 11.00 pm, Monday to Friday, or for any opening or closing required on a Saturday or Sunday after the initial opening and closing. Provided that on a Saturday or Sunday the additional allowance shall not be paid if the duty is performed less than one hour after the initial or any subsequent opening or closing. F. Delete paragraph (b) of subclause 5.1.8 of this clause and insert the following in lieu thereof: (b) Any employee performing wood chopping duties shall be paid an allowance of $15.65 per tonne to a maximum of: (i) 100% of the weight of bushwood supplied or 50% of the weight of mill-ends supplied for enclosed fireplaces such as Wonderheats. (ii) 50% of the weight of bushwood supplied or 20% of the weight of mill-ends supplied for open fireplaces. G. Delete paragraph (a) of subclause 5.1.9 of this clause and insert the following in lieu thereof: 5.1.9 (a) An estate attendant (Homeswest) who, in their privately owned vehicle, commutes from estate to estate and is required to carry sundry cleaning and/or gardening implements and/or supplies shall be paid $7.80 per week for all purposes of this award. 3. Clause 5.4. – First Aid: Delete paragraph (b) of subclause 5.4.2 of this clause and insert the following in lieu thereof: (b) Employees so appointed shall be paid the following rates in addition to their prescribed wage: 10 employees or less In excess of 10 employees $1.40 per day $2.40 per day 2008 WAIRC 01633 FAMILY DAY CARE CO-ORDINATORS' AND ASSISTANTS' AWARD, 1985