WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- BURSWOOD RESORT (MANAGEMENT) LIMITED RESPONDENT CORAM SENIOR COMMISSIONER J H SMITH DATE THURSDAY, 22 FEBRUARY 2007 FILE NO. APPL 105 OF 2006 CITATION NO. 2007 WAIRC 00158 Result Award varied Representation Applicant Ms E Palmer Respondent No appearance Order Having heard Ms E Palmer on behalf of the Applicant and no appearance by the Respondent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders – THAT the Burswood International Resort Casino Employees’ Award 2002 be 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 21 February 2007. (Sgd.) J H SMITH, [L.S.] Senior Commissioner. 87 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 359 SCHEDULE 1. Clause 5. – Wages: Delete paragraphs (a) and (b) of subclause (1) of this clause and insert the following in lieu thereof: (a) In-Charge Rates An employee who is appointed and placed in charge of other employees shall be paid the following rates in addition to the employee’s ordinary time rate of pay: $ Per Fortnight (i) if placed in charge of less than 6 employees 26.52 (ii) if placed in charge of 6-10 employees 35.78 (iii) if placed in charge of 11-20 employees 41.49 (iv) if placed in charge of more than 20 employees 69.38 Provided that these additional rates shall not be payable to any employee employed in the classifications of Chef, Housekeeper, Head Waiter, Head Waitress, Head Steward, Head Stewardess, Head Bar Attendant and Casino Operations Employees. (b) Service Payments In addition to the wage rates prescribed in Sections A, B, C and D of this subclause, all employees (other than Apprentices) employed on a full-time or part-time basis, shall be paid Service Payments at the following rates: $ Per Fortnight After 1 year of service 20.69 After 2 years of service 31.77 After 3 years and subsequent years of service 42.52 2. Clause 5. – Wages: Delete the paragraph immediately following 10. – Security Officer in Section E of subclause (1) of this clause and insert the following in lieu thereof: Provided that an employee appointed as a Senior Security Officer shall, in addition to the appropriate Security Officers’ rate receive an additional payment of $63.67 per fortnight. 3. Clause 13. – Additional Rates for Ordinary Hours: Delete subclause (1) of this clause and insert the following in lieu thereof: (1) An employee who is rostered to work any of the employee’s ordinary hours prior to 7.00am or after 7.00pm, Monday to Friday, both inclusive shall, in addition to the employee’s ordinary time rate of pay, be entitled to an allowance of $1.42 per hour or part thereof for time worked during such hours. 4. Clause 13. – Additional Rates for Ordinary Hours: Delete paragraphs (c), (d) and (e) of subclause (2) of this clause and insert the following in lieu thereof: (c) Any employee who is required to work any of the employee’s ordinary hours on any day in more than one period, other than for meal breaks as prescribed in Clause 17. – Meal and Rest Breaks of this Award, shall be paid an allowance of $2.09 per day for such broken work period worked. (d) Where a Cleaner is rostered to perform normal duties within the recognised Casino, International Room, Convention Centre or Burswood Dome restroom facilities, and such duties include work of an unusually unsavoury or unhygienic nature, such employee shall, in addition to the employee’s ordinary time rate of pay be paid a flat allowance of $6.57 per shift. (e) Where a Laundry Attendant is rostered to perform duties of an unusually unsavoury or unhygienic nature, the employee shall, in addition to the ordinary time rate of pay, be paid a flat allowance of $6.57 per shift. 5. Clause 18. – Meal Money: Delete subclause (1) of this clause and insert the following in lieu thereof: (1) All employees shall be supplied with one meal free of charge per rostered shift, to be consumed in the employee cafeteria. Any employee who is required to work overtime for 2 hours or more shall be supplied with a meal free of charge to be consumed in the employee cafeteria. Provided that where the Employer does not supply such a meal, the employee shall be paid $6.16 per meal. 6. Clause 25. – Bar Work: Delete this clause and insert the following in lieu thereof: 25. - BAR WORK (1) Any employee other than a Bar Attendant who, in addition to the employee’s normal duties, is required to dispense liquor from a bar shall, in addition to the employee’s ordinary time rate of pay, be paid a flat allowance of 82 cents per shift for the performance of such additional duties. (2) Any employee employed as a Bar Attendant who is required, in addition to the employee’s normal duties, to be responsible for and/or the purchasing of stock, shall be paid in addition to the employee’s ordinary time rate of pay an allowance of $13.59 per fortnight. 360 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 87 W.A.I.G. 7. Clause 27. – Uniforms and Laundering: Delete this clause and insert the following in lieu thereof: 27. - UNIFORMS AND LAUNDERING (1) Where the Employer requires an employee to wear a special uniform in the performance of their duties, such special uniform shall be provided by the Employer and shall at all times remain the Employer’s property. A special uniform shall consist of such articles of clothing as monogrammed or coloured jackets, dresses, blouses, overalls, aprons, caps, collars, cuffs, or other special apparel which the Employer may require an employee to wear whilst on duty, provided that the ordinary apparel usually worn by Waiters/Waitresses and Stewards/Stewardesses shall not be deemed to be special uniforms within the meaning of this clause. (2) Where a cook wears the ordinary apparel usually worn by cooks, such as black and white check or white trousers, white coat, white shirt, white apron and cap, such garments shall be laundered at the Employer’s expense or otherwise the employee shall be paid $7.54 per fortnight as laundry allowance. (3) Subject to sub-clause (2) of this clause, where the Employer requires any of the articles of clothing to be worn as described in sub-clause (1) of this clause, then such clothing shall be laundered at the Employer’s expense or otherwise shall be paid $4.95 per fortnight as a laundry allowance. (4) Where such special uniforms are supplied, employees shall be obliged to wear special uniforms at all times and in line with Employer standards. 8. Clause 29. – Employees' Equipment: Delete this clause and insert the following in lieu thereof: 29. - EMPLOYEES’ EQUIPMENT All knives, choppers, tools, brushes, towels and other utensils, implements, and materials which may be required to be used by an employee for the purpose of carrying out the employee’s duties shall be supplied by the Employer free of charge. Provided that where an employee is required by the Employer to use the employee’s own knives they shall be paid an allowance of $10.74 per fortnight. And further, with the consent of the parties, the Commission records the following basis for variations: 1. The agreed Key Minimum Classification in this Award is Qualified Cook. 2. The Work Related Allowances – the percentage increase in: x Clause 5. – Wages x Clause 13. – Additional Rates for Ordinary Hours x Clause 25. – Bar Work x Clause 29. – Employees Equipment is derived from $34 divided by $1097.60 equals 3.1% (2005) and $40 divided by $1114.60 equals 3.6% (2006), as prescribed by Principles 5. – Adjustment of Allowances and Service Increments of the State Wage Case: “allowances which relate to work or conditions which have not changed and service increments may be adjusted as a result of the arbitrated safety net increase . . . the method of adjustment shall be that such allowances and service increments should be increased by a percentage derived as follows: divide the monetary safety net increase by the rate for the key classification in the relevant award immediately prior to the application of the safety net increase to the award rate and multiply by 100.” 3. For Expense Related Allowances: x Clause 18 – Meal Money has been varied for the CPI Meals Out and Take Away Foods for the period December 2004 to June 2006 giving the percentage of 6.19%. June 2006 171.5 100 December 2004 161.5 X 1 = 6.19% Perth for the period December 2004 to June 2006 giving the percentage 7.29%. June 2006 185.5 100 December 2004 172.9 X 1 = 7.29% For all allowances previous rates are identified in Column A of the attached spreadsheet. Column B identifies the new actual rate having applied the increase. Column C the new rate identified in Column B rounded where appropriate. WORK RELATED ALLOWANCES KEY MINIMUM CLASSIFICATION - QUALIFIED COOK Clause A B C Clause 5. – Wages (a) (i) $24.83 $26.52 (ii) $33.50 $35.78 (iii) $38.85 $41.49 (iv) $64.96 $69.38 87 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 361 Clause A B C (b) $19.37 $20.69 $29.75 $31.77 $39.81 $42.52 E(10) Senior Security Officer $59.61 $63.67 Clause 13. – Additional Rates for Ordinary Hours (1) $1.33 $1.42 (2)(c) $1.96 $2.09 (2)(d) $6.15 $6.57 (2)(e) $6.15 $6.57 Clause 25. – Bar Work (1) $0.77 $0.82 (2) $12.73 $13.59 Clause 29. – Employees’ Equipment $10.06 $10.74 EXPENSE RELATED ALLOWANCES CPI Meals Out & Take Away Food - Perth Clause A B C Clause 18. – Meal Money $5.80 $6.16 CPI Clothing Services & Shoe Repair – Perth Clause A B C Clause 27. – Uniforms and Laundering (2) $7.03 $7.54 (3) $4.62 $4.95 2007 WAIRC 00153 CATERING EMPLOYEES AND TEA ATTENDANTS (GOVERNMENT) AWARD 1982