Benchmark WA Industrial Relations Case Database

DAY, 15 MARCH 2006

(2006) 86 WAIG Single Commissioner (WAIRC) 2006-03-15
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Not yet cited by other cases
APPLICANT: DAY, 15 MARCH 2006 FILE NO/S APPL 12 OF 2006 CITATION NO. 2006 WAIRC 03953 Result Varied Representation Applicant Mr N J Hodgson Respondents No appearance Order Having heard Mr Hodgson on behalf of the
RESPONDENT: no appearance on behalf of the
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Not yet cited by other cases Signal-weighted score: 0.0
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Concept tags · 2

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

Cases cited in this decision · 2

Cited
[2006] WAIRC 3953 (not in corpus)
"…WORKERS' UNION OF AUSTRALIA, INDUSTRIAL UNION OF WORKERS, WESTERN AUSTRALIAN BRANCH APPLICANT -v- FORTESQUE BUS SERVICE PTY LTD AND OTHERS RESPONDENTS CORAM COMMISSIONER J H SMITH DATE WEDNESDAY, 15 MARCH 2006 FILE...…"
Cited
[2006] WAIRC 3954 (not in corpus)
"…e day that are broken by more than one hour or any employee who is rostered in such a way that there is more than one break in the working day and the break or breaks are more than one hour in duration shall be paid...…"
Archived text (670 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES TRANSPORT WORKERS' UNION OF AUSTRALIA, INDUSTRIAL UNION OF WORKERS, WESTERN AUSTRALIAN BRANCH APPLICANT -v- FORTESQUE BUS SERVICE PTY LTD AND OTHERS RESPONDENTS CORAM COMMISSIONER J H SMITH DATE WEDNESDAY, 15 MARCH 2006 FILE NO/S APPL 12 OF 2006 CITATION NO. 2006 WAIRC 03953 Result Varied Representation Applicant Mr N J Hodgson Respondents No appearance Order Having heard Mr Hodgson on behalf of the Applicant and 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 Transport Workers’ (North West Passenger Vehicles) Award, 1988 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 15 March 2006. (Sgd.) J H SMITH, [L.S.] Commissioner. SCHEDULE 1. Clause 6. – Wages: Delete subclause (2) and insert the following in lieu thereof: (2) A leading hand shall be paid a rate exceeding the highest rate of the workers he/she supervises by an amount of $24.20 per week. 2. Clause 21. – Service Grants: Delete clause 21 and insert the following in lieu thereof: 21. – SERVICE GRANTS A full time employee who has been in the continuous service of an employer, successor, assignee or transmittee of such employer shall be paid the following amounts in addition to his or her weekly wage as prescribed in Clause 6. – Wages, of this Award. Years of Service Per Week $ After one year of service $8.92 After two years of service $17.72 After three years of service $26.45 After four years of service $35.12 After five years of service $44.06 A part-time employee shall receive a pro-rata entitlement to service pay in the same proportion as the number of ordinary hours worked per week bears to thirty-eight. 3. Clause 22. – Meal Allowances: Delete subclauses (1), (2), (3) and (3) and insert the following in lieu thereof: (1) An employee required to work without being notified on the previous day, overtime for two hours or more shall be supplied with a reasonable meal by the employer or paid $7.84 for a meal. (2) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall provide such meals or pay an amount of $5.36 for each such second or subsequent meal. 886 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 86 W.A.I.G. (3) No such payments need to be made to an employee living in the same locality as his place of work who can reasonably return home for such meals. (4) Every employee shall be allowed each day a meal break of not less than 30 minutes nor more than one hour, to commence at any time between the end of the third and end of the fifth hour of the day's employment. 4. Clause 23. – Annual Leave Travel Assistance: Delete subclauses (1), (2) and (4) and insert the following in lieu thereof: (1) A travel allowance of $279.70 shall be paid to a full-time employee on the commencement of annual leave. (2) Part time employees shall receive a pro-rata entitlement to annual leave travel assistance in the same proportion as the number of ordinary hours worked per week bears to thirty-eight. (3) This allowance shall only be payable in respect of those employees whose usual place of residence is North of the 26th parallel of South Latitude. 5. Clause 29. - Split Shift Allowance: Delete this subclause and insert the following in lieu thereof: Any employee who is rostered to work any two shifts in any one day that are broken by more than one hour or any employee who is rostered in such a way that there is more than one break in the working day and the break or breaks are more than one hour in duration shall be paid a split shift allowance of $7.15. 2006 WAIRC 03954 TRANSPORT WORKERS' (PASSENGER VEHICLES) AWARD NO. R 47 OF 1978