WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Federated Liquor and Allied Industries Employees’ Union of Australia, Western Australian Branch, Union of Workers and Western Australian Hotels and Hospitality Association Incorporated (Union of Employers) and Others. No. 992 of 1995. Restaurant, Tearoom and Catering Workers’ Award, 1979. No. R 48 of 1978. COMMISSIONER R.H. GIFFORD. 11 January 1996. Order. HAVING heard Mr E. Fry on behalf of the Applicant and Mr G. Blyth 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 Restaurant, Tearoom and Catering Workers’ Award, 1979 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 9th day of January 1996. (Sgd.) R. H. GIFFORD, [L.S.] Commissioner. ——— Schedule. 1. Clause 2.—Arrangement. Immediately following the number and title “44. Trainees”, add the following new number and title: 45. Enterprise Flexibility 2. Clause 11.—Casual Employees. Delete subclause (3) of this clause and insert in lieu thereof the following: (3) A casual employee shall be paid only the following hourly wage rates for any work performed: Days Other than Holidays Holidays $ $ CLASSIFICATIONS (total wage per hour): (1) Chef ......................................... 13.57 22.34 (2) Qualified Cook ........................ 12.60 20.72 (3) Cook Employed Alone ............ 12.03 19.77 (4) Breakfast and/or Other Cooks ............................ 11.90 19.56 (5) Bar Attendant— Category 1............................ 12.01 19.74 (6) Bar Attendant— Category 2............................ 12.25 20.13 (7) Head Waiter/Waitress............... 12.60 20.72 (8) Head Steward/Stewardess ........ 12.60 20.72 (9) Hostess ..................................... 12.60 20.72 (10) Waiter/Waitress ........................ 11.74 19.28 (11) Steward/Stewardess ................. 11.74 19.28 (12) Cashier ..................................... 12.01 19.74 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 404 76 W.A.I.G. Days Other than Holidays Holidays $ $ (13) Counterhand ............................ 11.74 19.28 (14) Kitchenhand ............................. 11.62 19.09 (15) Laundress ................................. 11.62 19.09 (16) Cleaner ..................................... 11.62 19.09 (17) Yardman ................................... 11.62 19.09 (18) General Hand ........................... 11.62 19.09 The rates of pay in this clause include the first $8.00 per week (21 cents per hour) arbitrated safety net adjustment payable under the December 1994 State Wage Decision. This first $8.00 per week (21 cents per hour) arbitrated safety net adjustment may be offset to the extent of any wage increase as a result of agreements reached at enterprise level since 1 November 1991. Increases made under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. The rates of pay in this clause include the second $8.00 per week (21 cents per hour) arbitrated safety net adjustment payable under the December 1994 State Wage Decision. This second $8.00 per week (21 cents per hour) arbitrated safety net adjustment may be offset to the extent of any wage increase payable since 1 November 1991, pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements, insofar as that wage increase has not previously been used to offset an arbitrated safety net adjustment. Increases made under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. 3. Clause 21.—Wages. Delete subclause (1) of this clause and insert in lieu thereof the following: (1) (a) Classifications Base Supple- Arbitrated Total Rate mentary Safety Net Award (per payment Adjustments Rate (per fortnight) (per (per fortnight) fortnight) fortnight) $ $ $ $ (1) Chef ......................................... 771.90 16.00 32.00 819.90 (2) Qualified Cook ........................ 719.20 16.00 32.00 767.20 (3) Cook Employed Alone ............ 678.20 16.00 32.00 726.20 (4) Breakfast and/or Other Cooks ...................................... 671.50 16.00 32.00 719.50 (5) Bar Attendant— Category 1 ............................... 677.20 16.00 32.00 725.20 (6) Bar Attendant— Category 2 ............................... 690.00 16.00 32.00 738.00 (7) Head Waiter/Waitress .............. 719.20 16.00 32.00 767.20 (8) Head Steward/Stewardess ....... 719.20 16.00 32.00 767.20 (9) Hostess .................................... 719.20 16.00 32.00 767.20 (10) Waiter/Waitress ....................... 662.50 16.00 32.00 710.50 (11) Steward/Stewardess ................ 662.50 16.00 32.00 710.50 (12) Cashier .................................... 677.20 16.00 32.00 725.20 (13) Counterhand ............................ 662.50 16.00 32.00 710.50 (14) Kitchenhand ............................ 656.30 16.00 32.00 704.30 (15) Laundress ................................ 656.30 16.00 32.00 704.30 (16) Cleaner .................................... 656.30 16.00 32.00 704.30 (17) Yardman .................................. 656.30 16.00 32.00 704.30 (18) General Hand .......................... 656.30 16.00 32.00 704.30 (b) Supplementary Payments Supplementary payments prescribed in this clause are in substitution of any overaward payment as de- fined hereunder which would otherwise have been paid as at the date of this variation to the award. “Overaward payment” is defined as the amount (whether it be termed “Overaward payment”, “at- tendance bonus”, or any similar term) which an em- ployee would receive in excess of the “award wage” for the classification in which such employee is en- gaged. Provided that such payment shall exclude overtime, shift allowance, penalty rates, disability allowances, fares and travelling time allowance and any other ancillary payments of a like nature pre- scribed by this award. (c) Arbitrated Safety Net Adjustments (i) The rates of pay in this award include the first $8.00 per week arbitrated safety net adjust- ment payable under the December 1994 State Wage Decision. The first $8.00 per week ar- bitrated safety net adjustment may be offset to the extent of any wage increase as a result of agreements reached at enterprise level since 1 November 1991. Increases made under pre- vious State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not be used to offset arbitrated safety net ad- justments. (ii) The rates of pay in this award include the sec- ond $8.00 per week arbitrated safety net ad- justment payable under the December 1994 State Wage Decision. This second $8.00 per week arbitrated safety net adjustment may be offset to the extent of any wage increase pay- able since 1 November 1991, pursuant to en- terprise agreements, consent awards or award variations to give effect to enterprise agree- ments, insofar as that wage increase has not previously been used to offset an arbitrated safety net adjustment. Increases made under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. 4. Clause 21A.—Minimum Wage—Adult Males and Females. Delete this clause and insert in lieu thereof the following: 21A.—MINIMUM WAGE—ADULT MALES AND FEMALES Notwithstanding the provisions of this award, no employee (including an apprentice), twenty-one years of age or over, shall be paid less than the minimum rates prescribed by the Minimum Conditions of Employment Act, 1993, as his ordinary rate of pay in respect of the ordinary hours of work prescribed by this award. Where the said minimum rate of pay is applicable the same rate shall be payable on holidays, during annual leave, sick leave, long service leave and any other leave prescribed by this award. Notwithstanding the foregoing, where in this award an additional rate is prescribed for any work as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the classification in which the employee is employed. 5. Clause 44.—Trainees. Immediately after this clause, add the following new clause: 45.—ENTERPRISE FLEXIBILITY (1) Employers and employees covered by this award may negotiate and reach agreement to apply to vary any provision of this award so as to make the enterprise or workplace operate more efficiently according to its particular needs. (2) Employees may seek advice from, or be represented by, the union during the negotiations for an agreement. (3) Where agreement is reached at an enterprise or workplace and where giving effect to such agree- ment requires this award, as it applies at the enter- prise or workplace, to be varied, an application to vary the award shall be made to the Commission. (4) A copy of the agreement shall be made available in writing to all employees at the enterprise or workplace and to the union party to this award. (5) The union shall not unreasonably oppose the appli- cation to vary the award to give effect to the terms of the agreement. (6) When this award is varied to give effect to an agree- ment made pursuant to this clause the variation shall become a schedule to this award and the variation shall take precedence over any provision of this award to the extent of any expressly identified in- consistency. (7) The agreement must meet the following requirements to enable the Commission to vary this award to give effect to it: (a) that the purpose of the agreement is to make the enterprise or workplace operate more effi- ciently according to its particular needs; WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 405 76 W.A.I.G. (b) that the majority of employees covered by the agreement genuinely agree to it; (c) where the union has members at the enterprise or workplace, the union has been given rea- sonable advice of the intention to negotiate an agreement, provided that this paragraph shall not apply where the employer could not reasonably be expected to have known the union has members at the enterprise or workplace; (d) that the award variation necessitated by the agreement does not in relation to their terms and conditions of employment, disadvantage the employees who would be affected by the variation. (8) For the purposes of subclause (7) hereof, an agree- ment is taken to disadvantage employees in relation to their terms and conditions of employment only if: (a) it would result in the reduction of any entitle- ments or protection of those employees un- der: (i) the award; or (ii) any other law of the Commonwealth or State that the Commission thinks relevant; and (b) in the context of their terms and conditions of employment considered as a whole, the Com- mission considers that the reduction is con- trary to the public interest. (9) Nothing in this clause shall be taken as limiting the right of any party to apply to give effect to an enter- prise agreement under any other provisions of the Industrial Relations Act, 1979. RETAIL FOOD SERVICES EMPLOYEES’ AGREEMENT 1991. No. AG10 of 1991.