WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- THE HON PREMIER OF WESTERN AUSTRALIA AND OTHERS RESPONDENTS CORAM COMMISSIONER S WOOD DATE WEDNESDAY, 14 FEBRUARY 2007 FILE NO APPL 109 OF 2006 CITATION NO. 2007 WAIRC 00118 Result Award varied Representation Applicant Ms E Palmer on behalf of the applicant Respondents Mr A Harper on behalf of the respondents Order HAVING heard Ms E Palmer on behalf of the applicant and Mr A Harper on behalf of the respondents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, 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 8. – Overtime: Delete Subclause (4) of this clause and insert the following in lieu thereof: (4) 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 $9.75 in lieu thereof. 2. Clause 11. – Special Rates and Provisions: (A) Delete Subclause (1)(a) of this clause and insert the following in lieu thereof: (1) (a) All employees called upon to clean closets, connected with septic tanks or sewerage shall receive an allowance of 65 cents per closet per week. (B) Delete Subclause (2) of this clause and insert the following in lieu thereof: (2) Employees called upon outside the ordinary working hours to wash towels shall be paid $3.96 per dozen for ordinary towels, and $2.96 per dozen for dusters, hand towels and tea towels. (C) Delete Subclause (5) of this clause and insert the following in lieu thereof: (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 $3.75 per day. 87 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 365 (D) Delete Subclause (6) of this clause and insert the following in lieu thereof: (6) An employee who is required to open and close classrooms, halls and other school facilities for any activities authorised by the Principal, shall be paid an allowance according to the following scale: Per Day$ (a) Evenings - Monday to Friday Up to 40 rooms per week 6.34 41 rooms to 100 per week 9.64 over 100 rooms per week 12.68 (b) Saturday and Sunday 12.02 (c) An additional allowance of $3.75 shall be paid to a caretaker on each occasion he/she is 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. (E) Delete Subclause (9)(b) of this clause and insert the following in lieu thereof: (b) Any employee performing in wood chopping duties shall be paid an allowance of $14.29 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 fire places such as Wonderheats. (ii) 50% of the weight of bushwood supplied or 20% of the weight of mill-ends supplied for open fireplaces. (F) Delete Subclause (10)(a) of this clause and insert the following in lieu thereof: (10) (a) An Estate Attendant (Homeswest) who, in his/her 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 $7.09 per week for all purposes of this award. 3. Clause 21. – First Aid: Delete Subclause (2) of this clause and insert the following in lieu thereof: (2) The employer shall, wherever practicable, appoint an employee holding current first aid qualifications from St. John Ambulance or similar body to carry out first aid duty at all works or depots where employees are employed. Such employees so appointed in addition to first aid duties, shall be responsible under the general supervision of the foreperson for maintaining the contents of the first aid kit, conveying it to the place of work and keeping it in a readily accessible place for immediate use. Employees so appointed shall be paid the following rates in addition to their prescribed rate: 10 Employees or less ¢ per day In excess of 10 Employees ¢ per day Qualified Attendant $1.29 $2.22 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 Cleaner – Level 1, Year 1. 2. The percentage increase relating to the work related increases in: • Clause 11. – Special Rates and Provisions • Clause 21. – First Aid is derived from $17 divided by $512.10 equals 3.32% (2005) and $20 divided by $529.10 equals 3.78% (2006) as prescribed by Principle 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.” Please note that previous rates used as the basis for variation of work related allowances in this award were incorrect. This application does not seek to amend the mistakes in previous applications. However this application does seek to use the correct wage rates as the basis for variations from this application forward. The 2005-2006 variations should reflect accurately the wages of a Level 1, Year 1 Cleaner following the 2003-2004 wage cases respectively. 3. For Expense Related Allowances: • Clause 8. – Overtime has been varied for the CPI for the period December 2004 to June 2006 giving the percentage of 6.19%. 366 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 87 W.A.I.G. Catalogue No. 6455.0.40.001 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. EXPENSE RELATED ALLOWANCES KEY MINIMUM CLASSIFICATION - CLEANER Clause A B C Clause 11. – Special Rates and Provisions (1)(a) $0.61 $0.65 (2) $3.69 $3.96 $2.76 $2.96 (5) $3.50 $3.75 (6)(a) $5.91 $6.34 $8.99 $9.64 $11.83 $12.68 (6)(b) $11.21 $12.02 (6)(c) $3.50 $3.75 (9)(b) $13.33 $14.29 (10)(a) $6.61 $7.09 Clause 21. – First Aid (2) $1.20 $1.29 $2.07 $2.22 Clause A B C Clause 8. – Overtime $9.20 $9.77 $9.75 CPI Take Away Food – Perth 2007 WAIRC 00152 CLUB WORKERS' AWARD, 1976