WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- BAKEWELL PIES (1978) PTY LTD AND OTHERS RESPONDENT CORAM CHIEF COMMISSIONER A R BEECH DATE FRIDAY, 11 MARCH 2005 FILE NO/S APPL 704 OF 2003 CITATION NO. 2005 WAIRC 00635 1206 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 85 W.A.I.G. Result Award Varied Representation Applicant Ms C. Kazakoff Respondents Mr P. Robertson, as agent, Chamber of Commerce and Industry of Western Australia Order HAVING heard Ms C. Kazakoff on behalf of the applicant and Mr P. Robertson on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders – THAT the Pastrycooks Award No. 24 of 1981 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 8 – Overtime: Delete subclause (4) of this clause and insert the following in lieu thereof: (4) When a employee, without being notified on the previous day or earlier, is required to continue working after the usual knock-off time for more than two hours, he shall be provided with any meal required, or shall be paid $9.55 in lieu thereof. Provided that this subclause shall not apply in the case of a worker living in the same locality as his place of employment who can reasonably return home for a meal. 2. Clause 10 – Wages: Delete subclause (5) of this clause and insert the following in lieu thereof: (5) Leading Hand: In addition to the rates prescribed by this clause a leading hand shall be paid per week if placed in charge of: Rate per Week $ (a) Less than four other employees 14.15 (b) Four or more but not more than ten other employees 22.40 (c) More than ten but not more than 20 other employees 34.25 (d) More than 20 other employees 44.15 And further, with the consent of the parties, the Commission records the following basis for variations: 9. The agreed Key Minimum Classification in this Award is Pastrycook. 10. For Work Related Allowances – the percentage increase in: • Clause 10 – Wages is 3.61% derived from $19 divided by $526.00 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 8 – Overtime has been varied for the CPI for the period September 2002 to December 2004 giving the percentage of 7.10%. Calculations are therefore: December 2004 161.5 X 100 = 7.10% June 2000 150.8 1 CPI Meals Out and Take Away Foods – Perth 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. The union uses Catalogue No. 6455.0.40.001 Clause A B C Clause 10 – Wages (5)(a) (b) (c) (d) $13.20 $20.90 $32.00 $41.20 $14.14 $22.38 $34.24 $44.13 $14.15 $22.40 $34.25 $44.15 85 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1207 Clause A B C Clause 8 – Overtime $8.90 $9.53 $9.55 CPI Meals Out and Take Away Foods - Perth 2005 WAIRC 00636 PHOTOGRAPHIC INDUSTRY AWARD, 1980 NO. 5 OF 1977