WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- KALAMUNDA CLUB (INC) AND OTHERS RESPONDENTS CORAM SENIOR COMMISSIONER J H SMITH DATE THURSDAY, 22 FEBRUARY 2007 FILE NO. APPL 88 OF 2006 CITATION NO. 2007 WAIRC 00152 Result Award varied Representation Applicant Ms E Palmer Respondents Ms S Thorp (CCI) 87 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 367 Order Having heard Ms E Palmer on behalf of the Applicant and Ms S Thorp as agent on behalf of Respondents for whom warrants have been filed, and there being no appearance by or on behalf of any other Respondents, and by consent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders – THAT the Club Workers’ Award, 1976 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. SCHEDULE 1. Clause 9. – Additional Rates for Ordinary Hours: Delete this clause and insert the following in lieu thereof: 9. - ADDITIONAL RATES FOR ORDINARY HOURS (1) An employee who is required to work any ordinary hours prior to 7.00 am or after 7.00 pm on any day Monday to Friday, both inclusive, shall be paid at the rate of an extra $1.53 per hour for each such hour, or part thereof worked. Provided that any employee who works the majority of his/her ordinary hours between midnight and 7.00 am shall be paid $1.61 per hour extra for each such hour, or part thereof worked. (2) All time worked during the ordinary hours of work on Saturdays and Sundays shall be paid for at the rate of time and a half. (3) An employee who is required to work any of his/her ordinary hours on any day in more than one period of employment, other than for meal breaks as prescribed in accordance with the provisions of Clause 13. - Meal Breaks of this Award, shall be paid an allowance of $2.52 per day, for such broken work period worked. (4) The provisions of subclauses (1) and (2) hereof shall not apply to any work performed on a holiday and to which the provisions of subclause (2) of Clause 17. - Holidays are applicable. (5) The provisions of this clause shall not apply to casual employees. 2. Clause 14. – Meal Money: Delete this clause and insert the following in lieu thereof: 14. - MEAL MONEY Any employee who is required to work overtime for two hours or more on any day, without being notified on the previous day or earlier, that he or she will be so required to work such overtime, will either be supplied with a substantial meal by the employer or be paid $10.30 meal money. 3. Clause 26. – Uniforms and Laundering: Delete subclauses (2) and (3) of this clause and insert the following in lieu thereof: (2) Subject to subclause (3) hereof, an employer requiring any of the articles of clothing to be worn as described in subclause (1) of this clause, shall cause such clothing to be laundered at his/her own expense or otherwise shall pay to the employee concerned $6.65 per fortnight worked as a laundry allowance. The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each fortnight. (3) Where a cook wears the ordinary apparel usually worn by cooks such as black and white check trousers, white shirt, white apron and cap, such garments shall be laundered at the employer's expense or otherwise the employee shall be paid $10.10 per fortnight worked as a laundry allowance. The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each fortnight. 4. Clause 27. – Protective Clothing: Delete subclause (1) of this clause and insert the following in lieu thereof: (1) Employees who are required to wash dishes, clean toilets or otherwise handle detergents, acids, soaps or any injurious substances, shall be supplied with rubber gloves free of charge by the employer, or be paid, in lieu, an allowance of $3.55 per fortnight worked. The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each fortnight. 5. Clause 28. – Employee Equipment: Delete this clause and insert the following in lieu thereof: 28. - EMPLOYEE EQUIPMENT All knives, choppers, tools, brushes, towels and other utensils, implements and material which may be required to be-used by the employee for the purpose of carrying out his/her duties, shall be supplied by the employer free of charge. Provided that where an employee is required by the employer to use his/her own knives he shall be paid an allowance of $13.30 per fortnight worked. The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each 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 Cook Grade 3. 2. The Work Related Allowances – the percentage increase in: x Clause 9. – Additional Rates for Ordinary Hours 368 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 87 W.A.I.G. is derived from $34 divided by $1122.40 equals 3.03% (2005) and $40 divided by $1156.40 equals 3.46% (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 14 – 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% CPI Meals Out and Take Away Foods – Perth x Clause 26. – Uniform and Laundering and Clause 27 – Protective Clothing have been varied for the CPI Clothing Services and Shoe Repair – 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% CPI Clothing Services and Shoe Repair – Perth Catalogue: 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. WORK RELATED ALLOWANCES KEY MINIMUM CLASSIFICATION – COOK GRADE 3 Clause A B C Clause 9. – Additional Rates for Ordinary Hours (1) $1.44 $1.53 $1.51 $1.61 (3) $2.37 $2.52 Clause 28. – Employees Equipment $12.50 $13.35 $13.30 EXPENSE RELATED ALLOWANCES CPI Take Away Food – Perth Clause A B C Clause 14. – Meal Money $9.70 $10.30 $10.30 CPI Clothing Services and Shoe Repair – Perth Clause A B C Clause 26. – Uniforms and Laundry (2) $6.20 $6.65 $6.65 (3) $9.40 $10.08 $10.10 Clause 27. – Protective Clothing (1) $3.30 $3.54 $3.55 87 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 369 2007 WAIRC 00230 CULTURAL CENTRE AWARD 1987