Benchmark WA Industrial Relations Case Database

ege and Others. No. 1432A of 1996. University, Colleges and Swanleigh Award 1980 No. R 7B of 1979. CHIEF COMMISSIONER W.S. COLEMAN. 28 November 1996. Order. HAVING heard Ms M. Robinson on behalf of the v Mr D. Jones on behalf of the

(1996) 76 WAIG 5012 Single Commissioner (WAIRC) 1996-11-28 File: No. 1725 of 1996
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APPLICANT: ege and Others. No. 1432A of 1996. University, Colleges and Swanleigh Award 1980 No. R 7B of 1979. CHIEF COMMISSIONER W.S. COLEMAN. 28 November 1996. Order. HAVING heard Ms M. Robinson on behalf of the
RESPONDENT: Mr D. Jones on behalf of the
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Concept tags · 2

[P]Casual employee definition (s15A) [S]Wages — payment obligations
Archived text (1603 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western Australian Branch and St Thomas More College and Others. No. 1432A of 1996. University, Colleges and Swanleigh Award 1980 No. R 7B of 1979. CHIEF COMMISSIONER W.S. COLEMAN. 28 November 1996. Order. HAVING heard Ms M. Robinson on behalf of the Applicant and Mr D. Jones on behalf of the Respondent, the Commis- sion, pursuant to the powers conferred on it under the Indus- trial Relations Act, 1979 hereby orders: (1) THAT this application be split into Parts A and B. Further, that the provisions for Fares and Motor Ve- hicle Allowances will be dealt with under part B at a later stage following further discussions between the parties. (2) THAT the provisions under Part A are set out as per the attached and shall have effect from the first pay period commencing on and from the 12th day of No- vember 1996. (Sgd.) W.S. COLEMAN, [L.S] Chief Commissioner. Schedule. 1. Clause 11.—Meal Money. Delete the amounts of $5.30 and $3.60 in subclause (1) of this clause and insert in lieu thereof the amounts of $6.30 and $4.30. 2. Clause 31.—Wages A. Delete the amount of $16.50 in paragraph (b) of subclause (3) of this clause and insert in lieu thereof the amount of $17.40. B. Delete the amount of $1.00 in subclause (4) of this clause and insert in lieu thereof the amount of $1.06. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 5011 76 W.A.I.G. NOTICES— Award/Agreement matters— Application No. 1725 of 1996. APPLICATION FOR VARIATION OF AWARD TITLED “BUILDING TRADES AWARD 1968”. NOTICE is given that an application has been made to the Commission by The Western Australian Builders’ Labourers, Painters and Plasterers Union of Workers under the Industrial Relations Act 1979 for a variation of the above Award. As far as relevant, those parts of the proposed variation which relate to area of operation or scope are published hereunder. 1. Clause 3.—Scope : Delete this clause and insert in lieu: 3.—SCOPE (1) This award shall apply to all employees (in- cluding apprentices) usually employed on, or employed as casual employees on building trades work as defined in Clause 6 Definitions of this Award in any of the callings set out in Clause 10 Wages of this Award and who are employed in the industry of building trades maintenance and building industry products manufacture. The award shall also apply to all employees (including apprentices) em- ployed in any of the industries set out in the schedule attached to this award, and (2) To all employers employing those workers, but the Award shall not apply— (a) To a worker covered by the Painters’ (Shipping) Award No. 32A of 1961 as amended or replaced from time to time; (b) to a worker employed in sandblasting or in painting structural steel work in an establishment of an employer bound by the provisions of the Metal Trades (General) Award No.13 of 1965 as amended or replaced from time to time; (c) to a worker employed on work coming within the scope of any award or in- dustrial agreement in force at the date of this award or to a worker whose con- ditions of employment are regulated by any such award or industrial agree- ment; (d) to a worker, not employed by a paint- ing contractor or by a building contrac- tor or not usually employed as a painter under this award, who is employed on work in which only one coat of paint or any other preparation used for pre- servative purposes applied; (e) to a worker who paints petrol oil con- tainers not exceeding fifty gallons ca- pacity; or (f) to a worker employed by Di-Met (WA) Pty Ltd in painting or applying protec- tive coating in its workshop, to any plant, machinery, object or structure, not being a building or a part, in situ, of a building. 2. Clause 6.—Definitions: Add to this clause a new subclause (10) as follows: (10) Building Trades work includes: (i) all work “off-site” in connection with the erection, repair, reno- vation, maintenance, ornamen- tation or demolition of buildings or other structures of any kind whatsoever under- taken on the premises owned or operated by the employer; or (ii) all work “off-site” in connection with the production and processing of building prod- ucts; (iii) all work which the Union and the employer concerned agree is building trades work but only if the agreement is approved by the Board of Reference; or (iv) all work which, in default of an agreement as aforesaid, is de- clared by the Board of Refer- ence to be building trades work. 3. Schedule B—Respondents: Delete this schedule and insert in lieu: Aluminium Pre-Fabrication Breweries Brick Manufacturers & Distributors Caterers Ceiling Board Manufacturers Cement Manufacturers Private Schools Concrete Tank Builders Earth Moving Contractors Estate Developers Glass Cutting and fitting Hotels House Repairers & Renovators Industrial Gas Manufacturers Insulation Materials Manufacture Joinery Manufacturers Local Government Authorities Machinery Hire Companies Meat Exporters and Frozen Food Stores Motor Vehicle Distributors Retail and Wholesale Distributors Roofing Contractors Shop Fronts and Office Fitting Manufacture Signwriting Stonemasonry Swimming Pool Manufacturers and Equipment Suppliers Tile Production and Distribution Theatres A copy of the proposed variation may be inspected at my office at National Mutual Centre, 111 St George’s Terrace, Perth. J. CARRIGG, Registrar. 4 December 1996 Application No. A 9 of 1996 APPLICATION FOR AN AWARD ENTITLED “MASTERS, MATES AND ENGINEERS PASSENGER FERRIES AWARD” NOTICE is given that an application has been made to the Commission by the Merchant Service Guild of Australia, Western Australian Branch, Union of Workers and the Australian Institute of Marine and Power Engineers, Western Australian Union of Workers under the Industrial Relations Act 1979 for the above Award. As far as relevant, those parts of the proposed Award which relate to area of operation or scope are published hereunder. 3.—AREA AND SCOPE This Award shall apply to Masters, Mates and Engineers employed on or about surveyed passenger vessels or other vessels operated in coastal waters. A copy of the proposed Award may be inspected at my office at National Mutual Centre, 111 St George’s Terrace, Perth. 22 November, 1996. J. CARRIGG, Registrar. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 76 W.A.I.G. 5012 Application No. AG 329 of 1996. APPLICATION FOR REGISTRATION OF AN INDUSTRIAL AGREEMENT TITLED THE “ST JOHN OF GOD HOSPITAL MURDOCH MEDICAL PRACTITIONERS INDUSTRIAL AGREEMENT 1996”. NOTICE is given that application has been made to the Com- mission by St. John of God Health System Inc. trading as St John of God Hospital Murdoch under the Industrial Relations Act 1979 for registration of the above Agreement. As far as relevant those parts of the Agreement which relate to area of operation or scope are published hereunder. 3. APPLICATION AND PARTIES BOUND This Agreement shall bind St John of God Health System Inc. and the Western Australian branch of the Australian Medi- cal Association Incorporated (“the parties”) and shall apply to medical practitioners employed in the Emergency Depart- ment at St John of God Hospital Murdoch in the classifica- tions contained in Schedules A and B. SCHEDULE A—FULL TIME Medical practitioners engaged on a full time basis shall be paid in accordance with the following scale: Classification Level Base Base Annual Annual Salary Salary at date of at 1 Jan Agmnt 1997 + 2% General Practitioner (GP) (YR 1) 13 96313 98240 Vocationally Registered General Practitioner (VRGP) (YR 1) GP (YR 2) 14 100681 102695 VRGP (YR 2) GP (YR 3) 15 105023 107123 VRGP (Y R 3) SNR MED OFFICER (NON SPECIALIST/ SPECIALIST)(YR1) SPECIALIST (YR 1) VRGP (YR 4) 16 109386 111574 SNR MED OFFICER (NON SPECIALIST / SPECIALIST)(YR 2) SPECIALIST (YR 2) VRGP (YR 5) 17 114907 117205 SNR MED OFFICER (NON SPECIALIST/ SPECIALIST) (YR 3) SPECIALIST (YR 3) SNR MED OFFICER (SPECIALIST QUALS) (YR 4) 18 117886 120243 SPECIALIST (YR 4) SNR MED OFFICER (SPECIALIST QUALS) (YR 5) 19 119105 121487 SPECIALIST (YR 5) SNR MED OFFICER (SPECIALIST QUALS) (YR 6) 20 120881 123298 SPECIALIST (YR 6) SNR MED OFFICER (SPECIALIST QUALS) (YR 7) 21 124849 127346 SPECIALIST (YR 7) SNR MED OFFICER (SPECIALIST QUALS) (YR 8) 22 127332 129878 SPECIALIST (YR 8) SNR MED OFFICER(SPECIALIST QUALS) 23 132694 135348 SPECIALIST SCHEDULE B—SESSIONAL Medical practitioners engaged on a sessional basis shall be paid fortnightly at the sessional rate in accordance with the following scale: Classification Level Base Base Session Session at date of at 1 Jan Agmnt 1997 + 2% GP (YR 1) 13 184.63 188.32 VRGP (YR 1) GP (YR 2) 14 193.00 196.86 VRGP (YR 2) GP (YR 3) 15 201.32 205.35 VRGP (Y R 3) SNR MED OFFICER (NON SPECIALIST/ SPECIALIST)(YR1) SPECIALIST (YR 1) Classification Level Base Base Session Session at date of at 1 Jan Agmnt 1997 + 2% VRGP (YR 4) 16 209.68 213.87 SNR MED OFFICER (NON SPECIALIST / SPECIALIST)(YR 2) SPECIALIST (YR 2) VRGP (YR 5) 17 220.27 224.67 SNR MED OFFICER (NON SPECIALIST/ SPECIALIST) (YR 3) SPECIALIST (YR 3) SNR MED OFFICER (SPECIALIST QUALS) (YR 4) 18 225.98 230.50 SPECIALIST (YR 4) SNR MED OFFICER (SPECIALIST QUALS) (YR 5) 19 228.32 232.89 SPECIALIST (YR 5) SNR MED OFFICER (SPECIALIST QUALS) (YR 6) 20 231.73 236.36 SPECIALIST (YR 6) SNR MED OFFICER (SPECIALIST QUALS) (YR 7) 21 239.33 244.12 SPECIALIST (YR 7) SNR MED OFFICER (SPECIALIST QUALS) (YR 8) 22 244.09 248.97 SPECIALIST (YR 8) SNR MED OFFICER(SPECIALIST QUALS) 254.37 259.46 SPECIALIST A copy of the Agreement may be inspected at my office at 111 St Georges Terrace, Perth Registrar. 10 December 1996 PUBLIC SERVICE ARBITRATOR— Matters Dealt With—