Benchmark WA Industrial Relations Case Database

AUSTRALIAN INDUSTRIAL GAZETTE 85 W.A.I.G. Result Matter Divided, Award Varied Representation Ms C. Kazakoff Ms M. Kuhne, as agent Order HAVING heard Ms C. Kazakoff on behalf of the v Ms M. Kuhne on behalf of the

(2005) 85 WAIG Single Commissioner (WAIRC) 2005-03-11
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APPLICANT: AUSTRALIAN INDUSTRIAL GAZETTE 85 W.A.I.G. Result Matter Divided, Award Varied Representation Applicant Ms C. Kazakoff Respondent Ms M. Kuhne, as agent Order HAVING heard Ms C. Kazakoff on behalf of the
RESPONDENT: Ms M. Kuhne on behalf of the
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Concept tags · 2

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

Cases cited in this decision · 2

Cited
[2005] WAIRC 671 (not in corpus)
"…PITALITY AND MISCELLANEOUS WORKERS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- ANGLICAN HOMES FOR THE AGED (INCORPORATED) AND OTHERS RESPONDENTS CORAM CHIEF COMMISSIONER A R BEECH DATE FRIDAY, 11 MARCH 2005 FILE...…"
Cited
[2005] WAIRC 751 (not in corpus)
"…18.50 Clause 27 – Call Allowance $5.80 $6.14 $6.15 EXPENSE RELATED ALLOWANCES CPI Take Away Food – Perth Clause A B C Clause 10. – Overtime $7.35 $7.87 $7.85 CPI Clothing Services and Shoe Repair - Perth Clause A B C...…"
Archived text (820 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- ANGLICAN HOMES FOR THE AGED (INCORPORATED) AND OTHERS RESPONDENTS CORAM CHIEF COMMISSIONER A R BEECH DATE FRIDAY, 11 MARCH 2005 FILE NO/S APPL 678 OF 2003 CITATION NO. 2005 WAIRC 00671 1098 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 85 W.A.I.G. Result Matter Divided, Award Varied Representation Applicant Ms C. Kazakoff Respondent Ms M. Kuhne, as agent Order HAVING heard Ms C. Kazakoff on behalf of the applicant and Ms M. Kuhne on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders – 1. THAT application 678 of 2003 be divided into 678A and 678B of 2003. 2. THAT the Aged and Disabled Persons Hostels Award, 1987 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 the 11th day of March 2005. 3. THAT the claim specified in item 5 of the applicant’s amended schedule stand as the claim in application 678B of 2003. 4. THAT application 678B of 2003 be adjourned sine die. (Sgd.) A R BEECH, [L.S.] Chief 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 $7.85 as meal money. 2. Clause 18 – Wages: Delete subclause (3) of this clause and insert the following in lieu thereof: (3) The ordinary wages of any employee other than a supervisor or assistant supervisor placed in charge of three or more employees shall be increased by $18.50 per week. 3. Clause 20 – Uniforms and Laundering: Delete subclause (4) of this clause and insert the following in lieu thereof: (4) Each employee shall be entitled to all reasonable laundry work at the expense of the employer, but where the employer elects not to launder the uniforms, the employee shall be paid an allowance of $1.40 per week. 4. Clause 27 – Call Allowance: Delete subclause (1)(b) of this clause and insert the following in lieu thereof: (b) paid an on call allowance at the rate of $6.15 for each hour spent on call. 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 Qualified Cook. 2. For Work Related Allowances – the percentage increase in: • Clause 18. – Wages • Clause 27. – Call Allowance is derived from $17 divided by $568.90 equals 2.99% and $19 divided by $585.90 equals 3.24% (two years calculations) 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 Take Away Food – Perth for the period September 2002 to December 2004 giving the percentage of 7.10%. December 2004 161.5 X 100 = 7.10% September 2002 150.8 1 CPI Meals Out and Take Away Foods – Perth • Clause 20. - Uniforms and Laundry has been varied for the CPI Clothing Services and Shoe Repair – Perth for the period September 2002 to December 2004 giving the percentage 9.92%. December 2004 172.9 X 100 = 9.92% September 2002 157.3 1 CPI Clothing Services and Shoe Repair – Perth Catalogue 6455.0.40.9001 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. 85 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1099 WORK RELATED ALLOWANCES KEY MINIMUM CLASSIFICATION – QUALIFIED COOK Clause A B C Clause 18. – Wages (3) $17.40 $18.48 $18.50 Clause 27 – Call Allowance $5.80 $6.14 $6.15 EXPENSE RELATED ALLOWANCES CPI Take Away Food – Perth Clause A B C Clause 10. – Overtime $7.35 $7.87 $7.85 CPI Clothing Services and Shoe Repair - Perth Clause A B C Clause 20. – Laundry $1.27 $1.40 2005 WAIRC 00751 AMBULANCE SERVICE COMMUNICATION CENTRE EMPLOYEES' AWARD 1991 NO. A4 OF 1991