Benchmark WA Industrial Relations Case Database

Pty Ltd and Others. No. 81 of 1992. COMMISSIONER A.R. BEECH. 18 March 1992. Order. HAVING heard Ms J. Harrison on behalf of the v Mr M. Jensen on behalf of the

(1992) 72 WAIG 78 Single Commissioner (WAIRC) 1992-03-18 File: No. 81 of 1992
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APPLICANT: Pty Ltd and Others. No. 81 of 1992. COMMISSIONER A.R. BEECH. 18 March 1992. Order. HAVING heard Ms J. Harrison on behalf of the
RESPONDENT: Mr M. Jensen on behalf of the
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Concept tags · 1

[S]Wages — payment obligations
Archived text (858 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Operative Painters & Decorators Union of Australia, West Australian Branch, Union of Workers and Coca Cola Bottlers (Perth) Pty Ltd and Others. No. 81 of 1992. COMMISSIONER A.R. BEECH. 18 March 1992. Order. HAVING heard Ms J. Harrison on behalf of the Applicant and Mr M. Jensen 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 Building Trades Award No. 31 of 1966 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 17th day of March 1992. (Sgd.) A.R. BEECH, [L.S.l Commissioner. Schedule. 1. Clause 10. —Wages: Delete subclause (3) of this clause and insert in lieu the following: (3) Tool Allowance: (Per Week) $ (a) Bricklayers & Stoneworkers 11.90 (b) Plasterers 13.60 (c) Carpenters & Joiners 16.50 (d) Joiners —Assembler A or B 8.20 (e) Plumbers 16.50 (f) Painters 4.10 (g) Signwriters 4.10 Note 1: The tool allowance prescribed in para- graphs (a) to (g) inclusive of this sub- clause, each include an amount of 5 cents for the purpose of enabling the employees to insure their tools against loss or damage by theft or fire. Note 2: The abovenamed allowances shall not be paid where the employer supplied the employee with all necessary tools. 2. Clause 14. —Fares and Travelling Time: Delete paragraphs (l)(c), (l)(d) and subclause (2) of this clause and insert in lieu the following: (c) Where an employer requests a worker to use his own car and the worker agrees, an amount of 54 cents per kilometre shall be paid for kilometres in excess of the kilometres a worker would normally incur in travelling between his home and his depot or shop. (d) This subclause shall be deemed to be complied with where an employer adopts the practice of paying an amount of $10.10 on each day a worker is required to report to the job away from his shop. (2) For travelling during working hours to and from the employer's place of business or form one job to another, a worker shall be paid by the employer at ordinary rates. The employer shall pay all fares and reasonable expenses in connection with such travelling. Provided that if an employer requests the worker to use his own vehicle, the employer shall pay a car allowance of not less than 54 cents per kilometre for each kilometre the worker travels in response to such request. 3. Clause 19. —Overtime: Delete subclause (6) of this clause and insert in lieu the following: (6) Any employee who is required to continue working for more than two hours after his usual knock-off time on any day shall be supplied by the employer with a reasonable meal or, in lieu of such meal, shall be paid an allowance of $6.90 for that meal. Provided that this subclause shall not apply to a worker who has been notified on the previous day that he would be required to work such overtime. 4. Clause 23. —Distant Work: Delete subclause (4), paragraph (6)(a) and subclause (9) of this clause and insert in lieu the following: (4) The employer shall pay all fares which shall be deemed to include the cost of transporting the employee's tools, in connection with such trav- elling, and shall pay the cost of each ordinary meal actually and reasonably required during such travelling but the minimum allowance for such meal shall be $6.90. Provided that the amount of the return fare shall not be payable if the worker be dismissed for misconduct or, within one working week of his commencing work on the job, for incompetency or if the worker terminates or discontinues his work on the job within one month of his commencing thereon. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 72 W.A.I.G. 78; Provided further that where such travelling is to or from or within the area of the State north of latitude 26°S., the following provisions shall apply:- (6) (a) A worker not required to work during a weekend who works as required during the ordinary hours of work on the working day before and the working day after a week- end, and who notifies his employer no later than the previous Tbesday of his intention to return home at the weekend and who returns home for that weekend, shall be paid an allowance of $20.60 for each such occasion unless travelling facilities are provided. (9) Where an employee, supplied with board and lodging by his employer, is required to live more than one half of a mile from the job, he shall be provided with suitable transport to and from that job or be paid an allowance of $10.10 per day provided that where the time actually spent in travelling either to or from the job exceeds twenty minutes, that excess travelling time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer. BUILDING TRADES (CONSTRUCTION) AWARD No. 14 of 1987.