WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- THE PREMIER OF WESTERN AUSTRALIA AND OTHERS RESPONDENTS CORAM CHIEF COMMISSIONER A R BEECH DATE FRIDAY, 11 MARCH 2005 FILE NO/S APPL 618 OF 2003 CITATION NO. 2005 WAIRC 00610 Result Award Varied Representation Applicant Ms C. Kazakoff Respondents Mr D. Spivey on behalf of the Department of Consumer and Employment Protection Order HAVING heard Ms C. Kazakoff on behalf of the applicant and Mr D. Spivey on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders – THAT the Gardeners (Government) 1986 Award No. 16 of 1983 be varied in accordance with the following schedule and that such variations shall have effect from the first pay period commencing on or after the 11th day of March 2005. (Sgd.) A R BEECH, [L.S.] Chief Commissioner. SCHEDULE 1. Clause 12. – Overtime: Delete subclause (2) of this clause and insert the following in lieu thereof: (2) When an employee without being notified on the previous day or earlier is required to continue working after his usual knock off time for more than two hours, the employee shall be provided with a meal or be paid $9.20 in lieu thereof. 2. Clause 16. – First Aid – Kits and Attendants: Delete subclause (2) of this clause and insert the following in lieu thereof: (2) The employer shall, wherever practicable and where there are two or more employees, appoint an employee holding current first aid qualifications from St John Ambulance or similar body to carry out first aid duty at all works or depots where employees are employed. Such employees so appointed in addition to first aid duties, shall be responsible under the general supervision of the supervisor or foreperson for maintaining the contents of the first aid kit, conveying it to the place of work and keeping it in a readily accessible place for immediate use. Employees so appointed shall be paid the following rates in addition to their prescribed rate per day: Qualified Attendant $ Per Day 10 employees or less 1.20 In excess of 10 employees 2.04 3. Clause 25. – Wages – Part C – All Employees: (A) Delete subclause (3) of this clause and insert the following in lieu thereof: (3) A Senior Gardener/Ground Attendant who is required to maintain turf wickets, bowling greens or tennis courts shall be paid in addition to the rates prescribed an amount of $5.75 per week. Occasional off-season attention shall not qualify an employee for payment under this subclause. (B) Delete subclause (5) of this clause and insert the following in lieu thereof: (5) Leading Hands Leading Hands and Senior Gardener/Ground Attendants if placed in charge of: (a) five and not more than ten other employees shall be paid $20.15 per week extra; (b) more than ten but not more than 20 other employees shall be paid $29.55 per week extra; (c) more than 20 other employees shall be paid $39.15 per week extra. (C) Delete subclause (10)(a) of this clause and insert the following in lieu thereof: (a) Employees of the Zoological Gardens Board covered by this award who are required to clean public toilets shall be paid 62 cents per closet, per week. And further, with the consent of the parties, the Commission records the following basis for variations: 1176 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 85 W.A.I.G. 3. The agreed Key Minimum Classification in this Award is Tradesperson Gardener. 2. For Work Related Allowances – the percentage increase in: • Clause 16. – First Aid – Kits and Attendants • Clause 25. – Wages – Part C – All Employees is 3.5% derived from $18 divided by $507.80 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 12. - Overtime has been varied for the CPI Meals Out and Take Away Food – Perth for the period September 2002 to December 2004 giving the percentage of 7.10%. Catalogue: 6455.0.40.001 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. WORK RELATED ALLOWANCES KEY MINIMUM CLASSIFICATION – TRADESPERSON GARDENER Clause A B C Clause 16. – First Aid – Kits and Attendants $1.12 $1.92 $1.20 $2.05 Clause 25 – Wages – Part C – All Employees (3) 5(a) 5(b) 5(c) 10(a) $5.40 $18.85 $27.65 $36.65 $0.58 $5.76 $20.13 $29.55 $39.17 $0.62 $5.75 $20.15 $39.15 EXPENSE RELATED ALLOWANCES CPI Take Away Food – Perth Clause A B C Clause 12. – Overtime $8.15 $9.2106 $9.20 2005 WAIRC 00573 GOVERNMENT WATER SUPPLY, SEWERAGE AND DRAINAGE EMPLOYEE AWARD 1981