WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- MASTERS DAIRY T/A NATIONAL FOODS, TRANSPORT WORKERS' UNION OF AUSTRALIA, INDUSTRIAL UNION OF WORKERS, WESTERN AUSTRALIAN BRANCH, THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION OF WESTERN AUSTRALIA RESPONDENTS CORAM COMMISSIONER S J KENNER DATE MONDAY, 26 FEBRUARY 2007 FILE NO/S APPL 100 OF 2006 CITATION NO. 2007 WAIRC 00171 Result Award Varied Representation Applicant Ms E Palmer Respondents No appearance Order HAVING heard Ms E Palmer on behalf of the applicant and there being no appearance on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders – THAT the Masters Dairy Award 1994 be varied in accordance with the following schedule and that such variation shall have effect from the first pay period on or after the date of this order. Furthermore, the Commission records the following basis for the variations: 1. The agreed Key Minimum Classification in this Award is Dairy/Production Worker Grade 7. 2. The Work Related Allowances – the percentage increase in: • Schedule 4 – Other Allowances is derived from $17 divided by $569.66 = 2.98% (2005) and $20 divided by $586.66 = 3.41% (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: • Schedule 3 – Vehicle Allowance has been varied for the CPI Private Motoring (Perth) for the period December 2004 to June 2006 giving the percentage 8.50%. June 2006 157.0 X 100 = 8.50% December 2004 144.7 1 CPI Private Motoring – Motor Vehicles – Perth 4. The application seeks to correct the adjustment of Schedule 4, clause 7 – Meal Money, which has historically been adjusted as wage-related instead of in accordance with the CPI – Meals Out and Take Away Foods – Perth. This is in accordance with Principle 5 of the Statement of Principles: “Existing allowances which constitute a reimbursement of expenses incurred may be adjusted from time to time where appropriate to reflect the relevant change in the level of such expenses.” The clause was adjusted on 12 November 1996 (via Application 1340 of 1996) to $6.70 in accordance with the appropriate movement in the CPI. Since then it appears that the clause has been varied using an incorrect method of the State Wage increase. 87 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 467 This application seeks to revert to the November 1996 amount of $6.70 and apply an appropriate CPI adjustment from that point. The CPI adjustment is as follows: June 2006 171.5 X 100 = 48.61% March 1996 115.4 1 An increase of 48.61 per cent applied to the original allowance of $6.70 gives a new allowance of $9.95. CPI – Meals Out & Take Away Foods – Perth Catalogue: 6455.0.40.001 For all allowances (except Fares and Travelling) previous rates are identified in Column A of the 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 – Dairy/Production Worker Grade 7 Clause A B C Schedule 4 – Other Allowances (1)(a) $1.89 $2.01 (2)(b) $0.92 $0.98 (2) $0.68 $0.72 (3) $4.14 $4.39 $4.40 (4) $1.28 $1.36 (5) $0.45 $0.47 (6) $0.52 $0.56 (7) $9.95 (8) $1.07 $1.14 (9) $9.39 $10.00 (10)(a) $24.21 $25.74 $25.70 (10)(b) $36.31 $38.68 $38.70 (10)(c) $45.26 $48.19 $48.20 (Sgd.) S J KENNER, [L.S.] Commissioner. SCHEDULE 1. Schedule 3 – Vehicle Allowances: Delete this schedule and insert the following in lieu thereof: (1) Motor Car Allowances Engine Displacement (In cubic centimetres) 2600cc 2600cc & Under Area and Details Rate per Kilometre: c/km c/km c/km Metropolitan Area 81.7 71.1 62.8 South West Land Division 84. 72.9 64.8 North of 23.5 ° South Latitude 92.1 80.3 71.5 Rest of State 86.7 75.3 66.8 Motor vehicles with rotary engines are to be included in the 1600-2600cc category. (2) Motor Cycle Allowance Distance Travelled During a Year on Official Business Rate c/km Rate per Kilometre 28.2 468 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 87 W.A.I.G. 2. Schedule 4 – Other Allowances: Delete this schedule and insert the following in lieu thereof: (1) Freezer Allowances: (a) Van Salesperson $2.01per day (b) Storeperson $0.98 per hour (2) Train Allowance $0.72 per hour when driving B. Train (3) BPU Drivers $4.40 per day for milk testing (4) Dryer Cleaning $1.36 for every dryer cleaned (5) Dirt Money $0.47 per hour (6) Confined Space $0.56 per hour (7) Meal Money $9.95 (8) Driver (General) - over 43 tonnes all purposes of the award allowance $1.14 for each additional tonne over 43 tonnes to be paid for all purposes of the award as part of the weekly wage. (9) Van Driver - Salesperson allowance per week for all purposes of the Award $10.00 per week extra (10) Leading Hand allowance for all purposes of the Award (a) Not less then 3 and not more than 10 other employees $25.70 per week (b) More than 10 and not more than 20 other employees $38.70 per week (c) More than 20 other employees $48.20 per week 2007 WAIRC 00231 MINERAL EARTHS EMPLOYEES' AWARD