Australian Branch No. 444 of 1994. R.A.C. Patrol and Mechanical Services Award 1993 No. A 14 and 1235 of 1988. COMMISSIONER A.R. BEECH. 9 May 1994. Order. HAVING heard Ms L. O'Farrell on behalf of the v Ms S. McGurk on behalf of the
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APPLICANT: Australian Branch No. 444 of 1994. R.A.C. Patrol and Mechanical Services Award 1993 No. A 14 and 1235 of 1988. COMMISSIONER A.R. BEECH. 9 May 1994. Order. HAVING heard Ms L. O'Farrell on behalf of the
RESPONDENT: Ms S. McGurk on behalf of the
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WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Royal Automobile Club of WA (Incorporated) and Metals and Engineering Workers' Union— Western Australian Branch No. 444 of 1994. R.A.C. Patrol and Mechanical Services Award 1993 No. A 14 and 1235 of 1988. COMMISSIONER A.R. BEECH. 9 May 1994. Order. HAVING heard Ms L. O'Farrell on behalf of the Applicant and Ms S. McGurk on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— That the R.A.C. Patrol and Mechanical Services Award 1993 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 5th day of May 1994. (Sgd.) A.R. BEECH, [L.S.] Commissioner. Schedule. 1. Clause 2.—Arrangement: Delete this clause and insert in lieu the following— 2.—Arrangement. 1. Title 1A. State Wage Principles December 1993 2. Arrangement 3. Area 4. Scope 4A. Division of Award 5. Definitions Part I—General 6. Structural Efficiency 7. Award Modernisation 8. Annual Leave 9. Long Service Leave 10. Union Organisation 11. Contract of Service 12. Payment of Wages 13. Uniforms 14. First Aid Kit 15. Representation 16. Committee Representation 17. Duration of Award 18. Public Holidays 19. Training 20. Avoidance of Industrial Disputes Part 11—Road Service Employees 21. Wages 22. Hours 23. Rosters 24. Meals 25. Overtime 26. Penalty Rates 27. Sick Leave 28. Tools 29. Transport 30. Amenities Part III—Mechanical Services 31. Wages 32. Hours 33. Rostered Days Off 34. Meals 35. Overtime 36. Sick Leave 37. Tools and Equipment 38. On-Site Inspections Schedule 1. Parties to Award Schedule 2—Liberty to Apply 2. Clause 2A.—State Wage Principles—June 1991: Delete this clause from the award. 3. Clause 4A.—Division of Award: Delete this clause and insert in lieu the following— 4A.—Division of Award. This Award shall be divided into three parts. Part I - General which shall apply to all classifications covered by this Award Part 11 - Road Service which shall apply to RAC Levels 2, 3 and 4. Part III - Mechanical Services which shall apply to RAC Levels 1, 5, 5A and 6. 4. Clause 5.—Definitions: Delete subclauses (8) to (14) inclusive and insert in lieu the following— (8) "Day Road Service Employee" means a Road Service Employee who works from 11.24 a.m. to 7.00 p.m. Monday to Friday, excluding public holidays. (9) "RAC Level 1 (95.8%)" means a Mechanical Services Employee whose principal duties are to assist RAC Level 5 as required and to clean the workshop and vehicle inspection equipment. Typically, these duties will involve those of a Trades Assistant or Service Attendant. An employee of this level will undertake training in accordance with the RAC training programme to achieve and maintain the required level of skill and competence. (10) "RAC Level 2 (100%)" means a Road Service Employee who holds a Trades Certificate or Tradeperson's Rights Certificate relevant to the operations of the RAC. This is the entry level classification for RAC Level 3 employees while they undertake induction training and perform appropriate duties under close supervision. (11) "RAC Level 3 (106.1%)" means a Road Service Employee who has successfully completed the RAC induction training, is familiar with the duties associated with this level and who works without supervision. The principal duties are to render assistance to motorists in accordance with RAC's road service including the making of minor repairs and adjustments. Such duties to include any reasonable duties associated with the RAC's road service. An employee at this level will undertake training in accordance with the RAC training programme on an ongoing basis in order to achieve and maintain the required level of skill and competence. (12) "RAC Level 4 (115%)" means a Road Service Employee who satisfies at least the requirements 1292 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.I.G. of RAC Level 3 and in addition undertakes the additional duties below as directed by the Club. • Training newly appointed RAC Level 2 employees. • Control room relief work. • Assistance of RAC Level 3 employees. An employee at this level will have successfully completed RAC training relevant to the additional duties above and will undertake training in accordance with the RAC training programme on an ongoing basis in order to achieve and maintain the required level of skill and competence. (13) "RAC Level 5 (125.1%)" means a Mechanical Services Employee who has successfully com- pleted induction training, has a sound knowledge of the duties associated with this level, and who works either in a branch or on site as directed by the RAC. The principal duties associated with the level may include: • Inspect and report on vehicles on RAC premises or elsewhere, and provide technical and motoring advice to members. • Inspect and report on vehicles and compo- nents after accident, failure or repair. • Allocation of inspections and the recording of inspection statistics. An employee at this level will undertake training in accordance with the RAC training programme on an ongoing basis in order to achieve and maintain the required level of skill and compe- tence. (14) "RAC Level 5A (125.1%)" means a Mechanical Services Employee who satisfies the requirements of both RAC Level 3 and RAC Level 5 and who routinely undertakes the duties associated with either level as directed by the RAC. An employee at this level will undertake training in accordance with the RAC training programme on an ongoing basis in order to achieve and maintain the required level of skill and competence. (15) "RAC Level 6 (131.1%)" means a Mechanical Services Employee who at least satisfies the requirements of RAC Level 5 and in addition, in respect of RAC Level 5, ensures the department operates to a satisfactory standard and who provides technical and work advice to those employees. The principal duties associated with this level are to oversee RAC Level 5 and ensure that vehicle inspections are carried out and technical advice is given in an efficient manner. An employee at this level will undertake training in accordance with the RAC training programme on an ongoing basis in order to achieve and maintain the required level of skill and competence. (16) "Weekly Base Rate of Pay" means a paid rate. 5. Clause 19.—^Training: A. Rename paragraph (d) of subclause (3) of this clause as (c). B. Delete subclause (4)(a) of this clause and insert in lieu the following— (4) (a) Road Service Employees: In-house training will normally be conducted during ordinary working hours without loss of pay. 6. Clause 21.—Wages: Immediately before this clause, delete the heading 'Part II—Patrols' and insert in lieu the following new title— PART II—Road Service Employees 7. Clause 21.—Wages: Delete subclauses (1) and (2) of this clause and insert in lieu the following— (1) The weekly base rate for Road Service Employees shall be: Classification $ RAC Level 2 (100%) 417.20 RAC Level 3 (106.1%) 442.50 RAC Level 4 (115%) 479.78 (2) Notwithstanding the rate expressed in subclause (1) hereof a Road Service Employee working shifts shall be paid a weekly rate of pay to be known as the "composite rate of pay" which shall be an amount equal to the weekly base rate plus the average of the amount payable for shift and weekend penalties worked by a Road Service Employee for the period of the roster provided that the rate expressed in this clause shall be automat- ically adjusted according to variations from time to time in the shift roster. 8. Clause 22.—Hours: Delete subclause (3) of this clause and insert in lieu the following— (3) Except at regular changeover of shifts an em- ployee will not be rostered for more than one shift in any twenty-four hours—provided that the hours of duty and the spread of hours specified in this clause may be varied by mutual consent between the R.A.C. and the Union. 9. Clause 24.—Meals: Delete subclauses (4)(b), (5) and (7) of this clause and insert in lieu the following— (b) Meal breaks to be taken on all other days than described in (a) and also those taken from Monday to Friday between the hours of 4.31p.m. and 10.23a.m. shall be taken at the R.A.C's depots or at the Patrol's place of residence, as directed by the R.A.C. (5) When an employee is required for duty during any meal time asrescribed in subclause (1) or (2) of this clause whereby the meal time be postponed he/she shall be paid at overtime rates until released to obtain a meal. (7) A second meal break being necessitated by continuous overtime at the completion of a rostered shift or the ordinary hours of work for a day Road Service Employee shall begin 1172 hours after the commencement of duty. 10. Clause 27.—Sick Leave: Replace the words 'em- ployee' and 'worker' wherever they appear in this clause with the words 'Road Service Employee'. 11. Clause 31.—Wages: Delete subclause (1) of this clause and insert in lieu the following— (1) The weekly rate for Mechanical Services Employ- ees shall be: $ (a) RAC Level 1 (95.8%) 399.80 (b) RAC Level 5 (125.1 %) 522.10 (c) RAC Level 5A (125.1%) 522.10 (d) RAC Level 6(131.0%) 546.50 12. Clause 32.—Hours: Delete subclauses (1) and (2) of this clause and insert in lieu the following— (1) The ordinary hours of work shall be 37.5 hours per week excluding meal breaks to be worked on any five days of the week. (2) Mechanical Service Employees (excluding RAC Level 5A) undertaking on-site inspections shall operate directly from home and may use their discretion as to actual start and finish times, meal breaks etc, within the period 8.00am to 5.30pm. (3) RAC Level 5A will commence at 8.30am either from home or headquarters as directed. 74 W.A.I.G. 1293 (4) Weekend Inspections: Where ordinary hours are worked on a Saturday or Sunday, they shall be paid at time and a half, and time and three quarters respectively. 13. Schedule 1—Parties to Award: Immediately after this schedule insert the following new schedule— Schedule 2—Liberty to Apply. The Metals and Engineering Workers' Union— Western Australian Branch reserves the right to seek inclusion of classifications reflecting 110% and 135% during the life of this award. 14. Replace the words 'Patrol', 'Patrol's' and 'Patrols' with the words 'Road Service Employee', 'Road Service Employee's' and 'Road Service Employees' as appropriate wherever they appear throughout the entire award. RADIO AND TELEVISION EMPLOYEES' AWARD No. R 3 of 1980.