Benchmark WA Industrial Relations Case Database

SDAY, 3 APRIL 2007

(2007) 87 WAIG Single Commissioner (WAIRC) 2007-04-03
Source
Not yet cited by other cases
APPLICANT: SDAY, 3 APRIL 2007 FILE NO APPL 131 OF 2006 CITATION NO. 2007 WAIRC 00314 Result Award varied Representation Applicant Ms E Palmer Respondent Mr A Harper Order HAVING heard Ms E Palmer on behalf of the
RESPONDENT: Mr A Harper on behalf of the
This case hasn't been analysed yet.
Generate ratio, outcome, key facts, concept tags and cited-case edges. Takes ~15–30 seconds.
Sign in to analyse

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Concept tags · 2

[S]Wages — payment obligations [S]Overtime and penalty rates

Cases cited in this decision · 2

Cited
[2007] WAIRC 314 (not in corpus)
"…S COMMISSION PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- COUNTRY HIGH SCHOOL HOSTELS AUTHORITY RESPONDENT CORAM COMMISSIONER S M MAYMAN DATE TUESDAY, 3 APRIL 2007 FILE...…"
Cited
[2007] WAIRC 307 (not in corpus)
"…58.80 $63.10 (2)(a) $19.75 $21.18 $21.20 Clause 24. – Wages (2)(b) $19.75 $21.18 $21.20 EXPENSE RELATED ALLOWANCES CPI Meals Out and Take Away Food - Perth Clause A B C Clause 9. – Overtime $9.20 $9.77 $9.75 Clause...…"
Archived text (823 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- COUNTRY HIGH SCHOOL HOSTELS AUTHORITY RESPONDENT CORAM COMMISSIONER S M MAYMAN DATE TUESDAY, 3 APRIL 2007 FILE NO APPL 131 OF 2006 CITATION NO. 2007 WAIRC 00314 Result Award varied Representation Applicant Ms E Palmer Respondent Mr A Harper Order HAVING heard Ms E Palmer on behalf of the applicant and Mr A Harper on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders – THAT the Country High School Hostels Award, 1979 be varied in accordance with the following schedule and that such variations shall have effect from the beginning of the first pay period commencing on or after 2 April 2007. (Sgd.) S M MAYMAN, [L.S.] Commissioner. SCHEDULE 1. Clause 9. – Overtime: Delete subclause (6) of this clause and insert the following in lieu thereof: (6) Where an employee has not been notified the previous day or earlier that they are required to work overtime the employer shall ensure that employees working such overtime for an hour or more shall be provided with any of the usual meals occurring during such overtime or be paid $9.75 each meal. 2. Clause 20. – Meal Money: Delete subclause (1) of this clause and insert the following in lieu thereof: (1) An employee required to work overtime for more than two hours, without being notified on the previous day or earlier that they will be so required to work, shall be supplied with a meal by the employer or paid $9.75 for a meal. 3. Clause 21. – Special Rates and Provisions: 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 64 cents per closet per week. 4. Clause 22. – Supported Wage System: (A) Delete subclause (3)(b) of this clause and insert the following in lieu thereof: (b) Provided that the minimum amount payable shall not be less than $63.10 per week. (B) Delete subclause (9)(c) of this clause and insert the following in lieu thereof: (c) The minimum amount payable to the employee during the trial period shall be no less than $63.10 per week. 5. Clause 24. - Wages: Delete subclause (2) of this clause and insert the following in lieu thereof: (2) General Conditions: (a) Senior employees appointed as such by the employer shall be paid $21.20 per week in addition to the rates prescribed herein. (b) A leading hand placed in charge of not less than three other employees shall be paid $21.20 per week extra. 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 87 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 647 2. The Work Related Allowances - the percentage increase in: • Clause 21. – Special Rates and Provisions • Clause 22. – Support Wage System • Clause 24. – Wages is from $17 divided by $511.70 = 3.32% (2005) and $20 divided by $528.70 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.” 3. For Expense Related Allowances: • Clause 9. – Overtime and Clause 20. – Meal Money 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 171.5 100 December 2004 161.5 X 1 = 6.19% CPI Meals Out and Take Away Foods – Perth Catalogue No. 6455.0.40.001 For all allowances 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 - CLEANER Clause A B C Clause 21. – Special Rates and Provisions $0.60 $0.64 (3)(b) $58.80 $63.10 Clause 22. – Support Wage System (9)(c) $58.80 $63.10 (2)(a) $19.75 $21.18 $21.20 Clause 24. – Wages (2)(b) $19.75 $21.18 $21.20 EXPENSE RELATED ALLOWANCES CPI Meals Out and Take Away Food - Perth Clause A B C Clause 9. – Overtime $9.20 $9.77 $9.75 Clause 20. – Meal Money $9.20 $9.77 $9.75 2007 WAIRC 00307 FAMILY DAY CARE CO-ORDINATORS' AND ASSISTANTS' AWARD, 1985