WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Shop, Distributive and Allied Employees' Association of Western Australia and Myer Stores Limited and Others. No. 73 of 1993. Retail Food Services Employees' Agreement 1991 No. AG 10 of 1991. COMMISSIONER S.A. KENNEDY. 1 April 1993. Order. HAVING heard Mr M. Bishop on behalf of the Applicant and Ms R. Dight on behalf of the Respondents, now therefore, I the undersigned pursuant to the powers conferred by the Industrial Relations Act 1979, and by consent, do hereby order— That the Retail Food Services Employees' Agree- ment 1991 as amended be further varied in accordance with the following schedule. (Sgd.) S.A. KENNEDY. [L.S.] Commissioner. Schedule. 1. Clause 7.—Casual Employees: Delete subclause (3) of this clause and insert in lieu thereof the following: (3) The minimum hourly rates of wages payable to adult casual employees for ordinary hours shall be as follows: From the firs? pay period on or after the first day of July 1993 From the first pay period on or after the first day of January1994 Ordinary Hours Monday—Friday excluding Thursday 6.00pm to 9.00pm Thursday 6.00pm to 9.00pm Ordinary Hours on Saturday From the first pay period on or after the first day of July 1993 From the first pay period on or after the first day of January 1994 Ordinary Hours Monday—Friday excluding Thursday 6.00pm to 9.00pm Thursday 6.00pm to 9.00pm Ordinary Hours on Saturday From the first pay period on or after the first day of July 1993 From the first pay period on or after the first day of January 1994 Ordinary Hours Monday—Friday excluding Thursday 6.00pm to 9.00pm Thursday 6.00pm to 9.00pm Ordinary Hours on Saturday From the first pay period on or after the first day of July 1993 From the first pay period on or after the first day of January 1994 Ordinary Hours Monday—Friday excluding Thursday 6.00pm to 9.00pm Thursday 6.00pm to 9.00pm Ordinary Hours on Saturday From the first pay period on or after the first day of July 1993 From the first pay period on or after the first day of January 1994 Ordinary Hours Monday—Friday excluding Thursday 6.00pm to 9.00pm 11.71 11.78 Thursday 6.00pm to 9.00pm 13.04 13.54 Ordinary Hours on Saturday 14.23 15.03 2. Clause 8.—Part Time Employees: Delete subclause (7) of this clause and insert in lieu thereof the following: (7) The minimum hourly rates of wages payable to adult part-time employees for ordinary hours shall be as follows: From the first pay period on or after the first day of July 1993 From the first pay period on or after the first day of January 1994 Ordinary Houts Monday—Friday excluding Thursday 6.00pm to 9.00pm Thursday 6.00pm to 9.00pm Ordinary Hours on Saturday before 1.00pm Ordinary Hours on Saturday after 1.00pm From the first pay period on or after the first day of July 1993 From the first pay period on or after the first day of January 1994 Ordinary Hours Monday—Friday excluding Thursday 6.00pm to 9.00pm Thursday 6.00pm to 9.00pm Ordinary Hours on Saturday before 1.00pm Ordinary Hours on Saturday after 1.00pm From the first pay period on or after the first day of July 1993 From the first pay period on or after the first day of January 1994 Ordinary Hours Monday—Friday excluding Thursday 6.00pm to 9.00pm Thursday 6.00pm to 9.00pm Ordinary Hours on Saturday before 1.00pm Ordinary Hours on Saturday after 1.00pm From the first pay period on or after the first day of July 1993 From the first pay period on or after the first day of January 1994 Ordinary Hours Monday—Friday excluding Thursday 6.00pm to 9.00pm Thursday 6.00pm to 9.00pm Ordinary Houts on Saturday before 1.00pm Ordinary Hours on Saturday after 1.00pm From the first pay period on or after the first day of July 1993 From the first pay period on or after the first day of January 1994 Ordinary Hours Monday—Friday excluding Thursday 6.00pm to 9.00pm 9.37 9.43 Thursday 6.00pm to 9.00pm 11.37 11.77 Ordinary Hours on Saturday before 1.00pm 11.99 12.29 Ordinary Hours on Saturday after 1.00pm 12.16 12.52 3. Clause 12.—Meal Money: Delete the sum "$6.30" in subclauses (1) and (2) of this clause and insert "$6.50" in lieu thereof. 4. Clause 28.—Wages: A. Delete subclauses (1), (2), (3) and (4) of PART 1 of this clause and insert the following in lieu thereof: (1) From the beginning of the first pay period commencing on or after 1 July 1993. ADULTS (Classification and Wage per Week) (i) (ii) (iii) who works who works who works ordinary ordinary ordinary hours houts hours between Monday between Monday and to Friday Monday Saturday with and 1.00pm the completion Saturday of ordinary hours after 1.00pm $ Saturday Grade V >P 4> 4> Base Rate 377.70 391.98 407.10 Minimum Rate Adjustment 52.50 52.20 52.50 Total Rate 430.20 444.48 459.60 Grade IV Base Rate 351.00 363.99 377.73 Minimum Rate Adjustment 42.00 42.00 42.00 Total Rate 393.00 405.99 419.73 (i) (ii) (iii) who works who works who works ordinary ordinary ordinary hours hours hours between Monday between Monday and to Friday Monday Saturday with and 1.00pm the completion Saturday of ordinary hours after 1.00pm $ $ Saturday $ Grade III Base Rate 330.70 343.17 356.36 Minimum Rate Adjustment 45.00 45.00 45.00 Total Rate 375.70 388.17 401.36 Grade II Base Rate 326.10 338.10 350.80 Minimum Rate Adjustment 37.50 37.50 37.50 Total Rate 363.60 375.60 388.30 Grade I Base Rate 318.20 329.63 341.72 Minimum Rate Adjustment 30.00 30.00 30.00 Total Rate 348.20 359.63 371.72 For the purpose of this agreement, a Minimum Rate Adjustment is a separate amount in the agreement which is in addition to the Base Rate and which together with the Base Rate becomes the Total Rate below which no employee may be paid. The Total Rate set out in this subclause which includes the Minimum Rate Adjustment also set out in this subclause shall be paid for all purposes of the agreement. (2) From the beginning of the first pay period commenc- ing on or after 1 1 January 1994. ADULTS (Classification and Wage per Week) (i) (ii) (iii) who works who works who works ordinary ordinary ordinary hours hours hours between Monday between Monday and to Friday Monday Saturday with and 1.00pm the completion Saturday of ordinary hours after 1.00pm $ $ Saturday $ Grade V Base Rate 377.70 391.98 407.10 Minimum Rate Adjustment 70.00 70.00 70.00 Total Rate 447.70 461.98 477.10 Grade IV Base Rate 351.00 363.99 377.73 Minimum Rate Adjustment 56.00 56.00 56.00 Total Rate 407.00 419.99 433.73 Grade HI Base Rate 330.70 343.17 356.36 Minimum Rate Adjustment 60.00 60.00 60.00 Total Rate 390.70 403.17 416.36 Grade II Base Rate 326.10 338.10 350.80 Minimum Rate Adjustment 50.00 50.00 50.00 Total Rate 376.10 388.10 400.80 Grade I Base Rate 318.20 329.63 341.72 Minimum Rate Adjustment 40.00 40.00 40.00 Total Rate 358.20 369.63 381.72 For the purpose of this agreement, a Minimum Rate Adjustment is a separate amount in the agreement which is in addition to the Base Rate and which together with the Base Rate becomes the Total rate below which no employee may be paid. The Total Rate set out in this subclause which includes the Minimum Rate Adjustment also set out in this subclause, shall be paid for all purposes of the agreement. (3) An employee in subclauses (1) or (2) above who is required by the employer to be in charge of a shop or other employees shall be paid an in charge allowance for all purposes of the agreement calculated as follows— (a) if placed in charge of a shop with no other employees or if placed in charge of less than three other employees— 3.4% of the rate specified in subclauses (1) or (2) above as appropriate (b) if placed in charge of three or more other employees but less than ten other employees— 6.2% of the rate specified in subclauses (1) or (2) above as appropriate (c) if placed in charge of ten or more other employ- ees— 11.2% of the rate specified in subclauses (1) or (2) above as appropriate B. In subparagraphs (a)(i), (ii) and (iii) of subclause (2) of PART III of this clause, delete the figures "49", "57" and "65" and insert "50", "58" and "67" respectively, in lieu thereof. 5. Clause 32.—Motor Vehicle Allowance: Delete this clause and insert in lieu thereof the following: 32.—Motor Vehicle Allowance. Where an employee maintains a motor vehicle and is authorised by the employer to use the vehicle in the performance of his/her duties, he/she shall be paid in accordance with the following schedule: Area and Details Engine Displacement Engine Displacement (in cubic centimettes) Over 1600 cc 1600cc 2600 cc -2600 cc & Under Rate per kilometre Over 1600 cc 1600cc 2600 cc -2600 cc & Under Metropolitan Area 47.2 42.2 36.7 South West Land Division 48.3 43.3 37.7 North of 23.5 degrees South Latitude 53.0 47.7 41.5 Rest of the State 49.9 44.7 38.8 6. Clause 39.—Location Allowances: Delete this clause and insert in lieu thereof the following: 39.—Location Allowance. (1) Subject to the provisions of this clause, in addition to the rates prescribed in Clause 28.—Wages of this award, an employee shall be paid the following weekly allowances when employed in the towns prescribed hereunder. Provided that where the wages are prescribed as fortnightly rates of pay, these allowances shall be shown as fortnightly allowances. TOWN $ Agnew 13.90 Argyle (see subclause 12) 35.80 Balladonia 13.50 Barrow Island 23.30 Boulder 5.60 Broome 22.00 Bullfinch 6.60 Carnarvon 11.20 Cockatoo Island 24.20 Coolgardie 5.60 Cue 14.10 Dampier 19.00 Denham 11.20 Derby 22.90 Esperance 4.30 Eucla 15.40 Exmouth 19.60 Fitzroy 27.60 Goldsworthy 12.80 Halls Creek 31.30 Kalbarri 4.60 Kalgoorlie 5.60 Kambalda 5.60 Karratha 22.50 Koolan Island 24.20 Koolyanobbing 6.60 Kununurra 35.80 Laverton 14.00 Learmonth 19.60 73 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE TOWN Leinster Leonora Madura Marble Bar Meekatharra Mt Magnet Mundrabilla Newman Norseman Nullagine Onslow Pannawonica Paraburdoo Port Hedland Ravensthorpe Roebourne Sandstone Shark Bay Shay Gap Southern Cross Teller Teutonic Bore Tom Price Whim Creek Wickham Wiluna Wittenoom Wyndham (2) Except as provided in subclause an employee who has: (3) of this clause, (a) A dependant shall be paid double the allowance prescribed in subclause (1) of this clause; (b) A partial dependant shall be paid the allow- ance prescribed in subclause (1) of this clause plus the difference between that rate and the amount such partial dependant is receiving by way of a district or location allowance. (3) Where an employee: (a) is provided with board and lodging by his/her employer, free of charge; (b) is provided with an allowance in lieu of board and lodging by virtue of the award or an Order or Agreement made pursuant to the Act; such employee shall be paid sixty-six and two- thirds percent of the allowances prescribed in subclause (1) of this clause. The provisions of paragraph (b) of this sub- clause shall have effect on and from the 24th day of July 1990. (4) Except where an employee is eligible for payment of an additional allowance under subclause (2) of this clause, but on 31 December 1987 was in receipt of an amount in excess of that under General Order 603 of 1987, that employee shall continue to receive the allowance at the higher rate until 1 July 1988 when the difference between the rate being paid and that due under subclause (2) of this clause shall be reduced by 33 1/3%; the difference remaining on 1 January 1989 shall be reduced by 50% from that date and payment in accordance with subclause (2) of this clause will be implemented on 1 July 1989. (5) Subject to subclause (2) of this clause, junior employees, casual employees, part-time employ- ees, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed. (6) Where an employee is on annual leave or receives payment in lieu of annual leave he/she shall be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled. (7) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he/she shall only be paid location allow- ance for the period of such leave he/she remains in the location in which he/she is employed. (8) For the purposes of this clause: (a) "Dependant" shall mean— (i) a spouse or defacto spouse; or (ii) a child where there is no spouse or defacto spouse; who does not receive a district or location allowance. (b) "Partial Dependant" shall mean a "defen- dant" as prescribed in paragraph (a) of this subclause who receives a district or location allowance which is less than the location allowance prescribed in subclause (1) of this clause. (9) Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of subclause (1) of this clause shall be such amount as may be agreed between Australian Mines and Metals Associa- tion, the Chamber of Commerce and Industry of Western Australia and the Trades and Labor Council of Western Australia or, failing such agreement, as may be determined by the Commis- sion. Provided that, pending any such agreement or determination, the allowance payable for that purpose shall be an amount equivalent to the district allowance in force under this Award for that town or location on 1 June 1980. (10) Nothing herein contained shall have the effect of reducing any 'district allowance' payable to any employee subject to the provision of this Award whilst that employee as at 1 June 1980 remains employed by his/her present employer. (11) Subject to the making of a General Order pursuant to s.50 of the Act, that part of each location allowance representing prices shall be varied from the beginning of the first pay period commencing on or after the 1st day in July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing), for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest ten cents. (12) The allowance prescribed for Argyle is equated to that at Kununurra as an interim allowance. Liberty is reserved to the parties to apply for a review of the allowance for Argyle in the light of changed circumstances occurring after the date of this Order. 1042 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 73 W.A.I.G. WESTERN AUSTRALIAN SURVEYING (PRIVATE PRACTICE) INDUSTRY AWARD 1989 No. A2 of 1988.