WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE AUSTRALIAN WORKERS' UNION, WEST AUSTRALIAN BRANCH, INDUSTRIAL UNION OF WORKERS APPLICANT -v- ADVANCED NURSERY & OTHERS RESPONDENTS CORAM COMMISSIONER J H SMITH DATE THURSDAY, 9 SEPTEMBER 2004 FILE NO. APPL 1820 OF 2003 CITATION NO. 2004 WAIRC 12726 Result Award variation to wages and allowances made Representation Applicant Mr D C McLane (as agent) Ms B Ward Respondents Mr P Moss (as agent) Order Having heard Mr D C McLane, as agent, and Ms B Ward on behalf of the Applicant and Mr P Moss, as agent, on behalf of the Respondents, who filed warrants, and by consent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders – THAT the Horticultural (Nursery) Industry Award No 30 of 1980 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 9 September 2004. (Sgd.) J H SMITH, [L.S.] Commissioner. SCHEDULE 1. Clause 4. – Term: Delete this clause and insert in lieu thereof the following: 4. - TERM This Award shall now operate until 30thSeptember 2004. 2. Clause 5. – Wages: Delete subclauses (1), (2), (3) and (4) of this clause and insert in lieu thereof the following: (1) Adult Employees The rates in Column A are effective on date of registration, Column B effective from six months thereafter, Column C effective from an additional 6 months, any safety net adjustments during this time to be incorporated into the rates. 84 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3297 Column A Column B Column C Total Rate Per Week $ Total Rate Per Week $ Total Rate Per Week $ Trainee (90% of Horticultural Employee Grade 1 rate) 429.66 432.11 432.11 Horticultural Employee Grade 1 477.40 480.12 480.12 Horticultural Employee Grade 2 484.10 488.07 488.07 Horticultural Employee Grade 3 489.70 500.70 504.83 Horticultural Tradesperson Grade 1 540.30 551.30 561.20 Horticultural Tradesperson Grade 2 559.00 570.00 581.29 Horticultural Tradesperson Advanced 579.60 590.60 601.28 The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle. These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement. Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. (2) Junior Employees Junior employees shall be entitled to the following percentage of the Horticultural Employee Grade 1 rate: % Under 16 years of age 40 16 years of age 50 17 years of age 60 18 years of age 70 19 years of age 80 20 years of age 90 (3) Leading Hands In addition to the appropriate rate prescribed in subclause (1) of this clause, a Leading Hand shall be paid: $ (a) In charge of not less than three employees and not more than 10 other employees 21.50 (b) In charge of more than 10 and not more than 20 other employees 33.10 (c) In charge of more than 20 other employees 41.40 (4) Apprentices Apprentices shall be paid the following percentage of the Horticultural Tradesperson Grade 1 rate: (Rates for adult apprentices cannot be less than the rates set out in subclause (5) Minimum Adult Award Wage paragraph (9) of this Clause). Four Year Term % First year 42 Second year 55 Third year 75 Fourth year 88 3. Clause 11. – Meal Period: Delete subclause (3) of this clause and insert in lieu thereof the following: (3) (a) 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 $8.05 for a meal. (b) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer, unless the employer has notified the employee concerned on the previous day or earlier that such second or subsequent meals will also be required, shall provide such meals or pay an amount of $5.55 for each such second or subsequent meal. (c) No such payments need be made to employees living in the same locality as their place of employment who can reasonably return home for such meals. 4. Appendix 1 – Make Up of Total Wage: Delete subclause (1) of this Appendix and insert in lieu thereof the following: (1) Adult Employees 3298 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 84 W.A.I.G. Base Rate $ Arbitrated Safety Net Adjustments $ Total Rate $ Trainee (90% of Horticultural Employee Grade 1 rate) 304.31 127.80 432.11 Horticultural Employee Grade 1 338.12 142.00 480.12 Horticultural Employee Grade 2 346.07 142.00 488.07 Horticultural Employee Grade 3 362.83 142.00 504.83 Horticultural Tradesperson Grade 1 417.20 144.00 561.20 Horticultural Tradesperson Grade 2 437.29 144.00 581.29 Horticultural Tradesperson Advanced 457.28 144.00 601.28 2004 WAIRC 12795 METAL TRADES (GENERAL) AWARD 1966