WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- POWERCLEAN RESPONDENT CORAM COMMISSIONER S WOOD DATE MONDAY, 12 MARCH 2007 FILE NO APPL 13 OF 2007 CITATION NO. 2007 WAIRC 00232 Result Award varied Representation Applicant Ms E Palmer on behalf of the applicant Respondent No appearance Order HAVING heard Ms E Palmer on behalf of the applicant and there being no appearance on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders: 460 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 87 W.A.I.G. THAT the Hospital Workers (Cleaning Contractors - Private Hospitals) Award 1978 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 10. – Overtime: Delete subclause (4) of this clause and insert the following in lieu thereof: (4) Where an employee is required to work overtime and such overtime is worked for a period of at least two hours in excess of the required daily hours of work the employee shall be provided with a meal free of cost, or shall be paid the sum of $8.80 as meal money. This subclause shall not apply where the employee has been advised of the necessity to work overtime on the previous day or earlier. 2. Clause 13. – Special Rates and Conditions: Delete subclauses (5) and (6) of this clause and insert the following in lieu thereof: (5) Toilets: Workers engaged in any week for the major portion of their time cleaning lavatories shall be paid an extra $1.37 per week. (6) Broken Shift: Where a worker is required to carry out the ordinary hours of duty per day in more than one shift and where the break is not less than four hours an allowance of $1.02 per day shall be paid. 3. Clause 18. – Laundry: Delete subclause (2) of this clause and insert the following in lieu thereof: (2) Where the uniform of any worker cannot be laundered at the hospital an allowance of $1.58 per week shall be paid to the worker. 4. Clause 19. – Height Money: Delete subclauses (2) and (3) of this clause and insert the following in lieu thereof: (2) Where it is necessary to go wholly outside a building to clean windows an employee shall, if such cleaning be 15.5 metres or more from the nearest horizontal plane, be paid an allowance of $2.06 per day. (3) Where an employee is required to clean windows from a swinging scaffold or similar device, he/she shall be paid 34 cents per hour extra for every hour or part thereof so worked. 5. Clause 23. – Fares, Travelling Time and Transport: Delete subclauses (2)(c) and (2)(d) of this clause and insert the following in lieu thereof: (c) A year for the purpose of this clause shall commence on the 1st day of July and end on the 30th day of June next following. Rates of hire for use of employee's own vehicle on employer's business: Schedule 1 - Motor Vehicle Allowance Area and Details Engine Displacement (in cubic centimetres) Over 2600cc Over 1600cc & 2600cc 1600cc Under Rate per kilometre (Cents) Metropolitan Area 81.7 70.9 62.8 South West Land Division 84.0 72.9 64.8 North of 23.5° South Latitude 92.1 80.3 71.5 Rest of the State 86.8 75.3 66.8 Schedule 2 - Motor Cycle Allowance Distance travelled during a year on Official Business Rate per Kilometre (Cents) All areas of the State 28.3 Motor vehicles with rotary engines are to be included in the 1600 – 2600cc. (d) The rates are calculated by applying the percentage movement in the Consumer Price Index (Private Motoring Perth) between December 2004 and June 2006. This is calculated as: June 2006 157 x 100 = 8.50% December 2004 144.7 6. Clause 32. – Wages: Delete subclause (2)(a) of this clause and insert the following in lieu thereof: (2) General Conditions: (a) Leading Hands: In addition to the rates herein prescribed a leading hand shall be paid per week – $ (i) If placed in charge of not less than three and not more than 10 other workers 20.95 (ii) If placed in charge of more than 10 and not more than 20 other workers 31.50 (iii) If placed in charge of more than 20 other workers 42.05 87 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 461 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 Third Year of Employment. 2. For Work Related Allowances – the percentage increase in: • Clause 13. – Special Rates and Conditions • Clause 19. – Height Money • Clause 32. - Wages is derived from $17 divided by $520.30 equals 3.27% (2005) and $20 divided by $537.30 equals 3.72% (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.” 3. For Expense Related Allowances: • Clause 10. –Overtime has been varied for the CPI Meals Out and Take Away Food - Perth for the period December 2004 to June 2006 giving the percentage of 6.19%. June 2006 171.5 x 100 = 6.19% December 2004 161.5 1 CPI Meals out and Take Away Foods – Perth • Clause 18. – Laundry has 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 x 100 = 7.29% December 2004 172.9 1 CPI Clothing Services and Shoe repair – Perth 4. Clause 23. – Fares, Travelling Time and Transport have been varied for the CPI Private Motoring - Perth for the period December 2004 to June 2006 giving the percentage 8.50% June 2006 157 x 100 = 8.50% December 2004 144.7 1 CPI Private Motoring – Motor Vehicles – Perth Catalogue No. 6455.0.40.001 For all allowances (except Fares and Travelling) 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 – CLEANER THIRD YEAR OF EMPLOYMENT Clause A B C Clause 13. – Special Rates and Conditions (5) $1.28 $1.37 (6) $0.95 $1.02 Clause 19. – Height Money (2) $1.93 $2.06 (3) $0.32 $0.34 Clause 32. – Wages (2)(a)(i) $19.55 $20.95 (ii) $29.40 $31.48 $31.50 (iii) $39.25 $42.05 EXPENSE RELATED ALLOWANCES CPI Meals Out and Take Away Food – Perth Clause A B C Clause 10. – Overtime $8.30 $8.81 $8.80 CPI Clothing Services and Shoe Repair – Perth Clause A B C Clause 18. – Laundry $1.47 $1.58 462 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 87 W.A.I.G. 2007 WAIRC 00236 HOSPITAL WORKERS' (N'GALA) AWARD NO. 6A OF 1958