Benchmark WA Industrial Relations Case Database

Others. No. 2014 of 1998. Industrial Spraypainting & Sandblasting Award 1991. No. A 33 of 1987. COMMISSIONER S J KENNER. 22 February 1999. Order. Having heard Ms J Harrison as agent on behalf of the v Ms J Wesley as agent on behalf of the

(1999) 79 WAIG 826 Single Commissioner (WAIRC) 1999-02-22 File: No. 2014 of 1998
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APPLICANT: Others. No. 2014 of 1998. Industrial Spraypainting & Sandblasting Award 1991. No. A 33 of 1987. COMMISSIONER S J KENNER. 22 February 1999. Order. Having heard Ms J Harrison as agent on behalf of the
RESPONDENT: Ms J Wesley as agent on behalf of the
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Concept tags · 2

[S]Wages — payment obligations [S]Overtime and penalty rates
Archived text (980 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Western Australian Builders’ Labourers, Painters and Plasterers Union of Workers and Abrasive Blasting Services Pty Ltd & Others. No. 2014 of 1998. Industrial Spraypainting & Sandblasting Award 1991. No. A 33 of 1987. COMMISSIONER S J KENNER. 22 February 1999. Order. Having heard Ms J Harrison as agent on behalf of the applicant and Ms J Wesley as agent on behalf of the respondents and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders— THAT the Industrial Spraypainting and Sandblasting Award 1991 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 23 December 1998. (Sgd.) S. J. KENNER, [L.S.] Commissioner. ——— Schedule. 1. Clause 17—Meal Allowance: Delete this clause and in- sert the following in lieu thereof— 17.—MEAL ALLOWANCE An employee required to work overtime for at least one and a half hours after working ordinary hours inclusive of any time worked for accrual purposes as prescribed in Clauses 11(1) or 16(4) shall be paid by his/her employer an amount of $7.80 to meet the cost of a meal. Provided that this clause shall not apply to an employee who is provided with reasonable board and lodging or who is re- ceiving a distant work allowance in lieu thereof as provided for in subclause (3) of Clause 18.—Living Away From Home— Distant Work and is provided with a suitable meal. 2. Clause 18—Living Away from Home—Distance Work: Delete subclause (3) in this clause and insert the following in lieu thereof— (3) Entitlement Where an employee qualifies under subclause (1) of this clause the employer shall either— (a) Provide the employee with reasonable board and lodging; or (b) Pay an allowance of $288.80 per week of seven days but such allowance shall not be wages. In the case of broken parts of the week occur- ring at the beginning or ending of employment on a distant job the allowance shall be $41.30 per day. Provided that the foregoing allowances shall be increased if the employee satisfies the em- ployer that he/she reasonably incurred a greater outlay than that prescribed. In the event of disa- greement the matter may be referred to a Board of Reference for determination; or (c) In circumstances prescribed in subclause (7) of this clause, provide camp accommodation and messing constructed and maintained in accordance with subclause (10) of this clause. “Reasonable board and lodging” shall mean lodging in a well kept establishment with three adequate meals each day, adequate furnishings, good bedding, good floor coverings, good lighting and heating and with hot and cold run- ning water, in either a single room or a twin room if a single room is not available. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 79 W.A.I.G. 826 3. Clause 18—Living Away from Home—Distance Work: Delete subclause (4) of this clause and insert the following in lieu thereof— (4) Travelling Expenses An employee who is sent by his/her employer or se- lected or engaged by an employer or agent to go to a job which qualifies him/her to the provision of this clause shall not be entitled to any of the allowances prescribed by the apporpriate fares and travel rates where applicable for the period occupied in travel- ling from his/her usual place of residence to the distant job, but in lieu thereof shall be paid— (a) Forward Journey— (i) For the time spent in so travelling, at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities). (ii) For the amount of a fare on the most common method of public transport to the job (bus, economy air, second class rail with sleeping berths if necessary, which may require a first class rail fare), and any excess payment due to transporting his/her tools if such is in- curred. (iii) For any meals incurred while travel- ling at $7.80 per meal. Provided that the employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues his/her employment within two weeks of commencing on the job and who does not forthwith re- turn to his/her place of engagement. (b) Return Journey: An employee shall, for the return journey receive the same time, fare and meal payments as provided in paragraph (a) of this subclause together with an amount of $14.30 to cover the cost of transporting him- self/herself and his/her tools from the main public transport terminal to his/her usual place of residence. Provided that the above return journey pay- ments shall not be paid if the employee terminates or discontinues his/her employment within two months of commencing on the job, or is dismissed for misconduct. (c) Departure Point For the purposes of this clause, travelling time shall be calculated as the time taken for the journey from the central or regional rail, bus or air terminal nearest the employee’s usual place of residence to the locality of the work. 4. Clause 31—Compensation for Clothes and Tools: Delete subclause (2) of this clause and insert the following in lieu thereof— (2) (a) An employee shall be reimbursed by his/her employer to a maximum of $1,098.00 for loss of tools or clothes by fire or breaking and en- tering whilst securely stored at the employer’s direction in a room or building on the employ- er’s premises, job or workshop or in a lock-up as provided in this award or if the tools are lost or stolen during an employee’s absence after leaving the job because of injury or ill- ness. Provided that an employee transporting his/ her own tools shall take all reasonable care to protect those tools and prevent theft or loss.