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APPLICANT: Applicant and the Royal Perth Hospital and Others, Respondents. Order. HAVING heard Mr J. Kirwan on behalf of the
RESPONDENT: Miss M.H. Kuhne on behalf of the
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WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. 375 of 1985. Between the Hospital Salaried Officers Association of Western Australia (Union of Workers), Applicant and the Royal Perth Hospital and Others, Respondents. Order. HAVING heard Mr J. Kirwan on behalf of the Applicant and Miss M.H. Kuhne on behalf of the Respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, having satisfied itself that the terms of the General Order of the Commission No. 461 of 1983, dated 2 March 1984, have been complied with, and by consent, hereby order — That the Hospital Salaried Officers' Award No. 39 of 1968, be amended in accordance with the following schedule with effect on and from 1 March 1985 unless otherwise stipulated in the Schedule. Dated at Perth this 2nd day of September 1985. (Sgd.) G.L. FIELDING, fL.S.l Commissioner. Distance Travelled During < Year on Official Business First 8 000 kilometres Over 8 000 kilometres Motor vehicles with rotary engines are to be included in the 1 600-2 600 cc category. (10) In this clause the following expressions shall have the following meanings:— (a) "A year" means 12 months commencing on the 1st day of July and ending on the 30th day of June next following. (b) "South West Land Division" means the South West Land Division as defined by section 28 of the Land Act 1933-71, excluding the area contained within the Metropolitan Area. (c) "Rest of the State" means that area south of 23.5 degrees south latitude, excluding the Metropolitan Area and the South West Land Division. (d) ' 'Term of Employment" means a require- ment made known to the officer at the time of applying for the position by way of publication in the advertisement for the position, written advice to the officer contained in the offer for the position or oral communication at interview by an interviewing officer and such requirement is accepted by the officer either in writing or orally. (11) The allowances in this clause shall be varied in accordance with any movement in the allowances in the Public Service Motor Vehicle Allowances Award 1976, No. 13 of 1976. Schedule. 1. Clause 2.—Arrangement: Delete 20. Motor Vehicle Allowance, of this clause and insert in lieu thereof: 20. Motor Vehicle Allowances. 2. Clause 20.—Motor Vehicle Allowances: Delete this clause and insert in lieu thereof: (1) Allowance for workers required to supply and maintain a vehicle as a term of employment: (a) A worker who is required to supply and maintain a motor vehicle for use when travelling on official business as a term of employment and who is not in receipt of an allowance provided by subclause (5), shall be reimbursed monthly the standing costs associated with such vehicle in accor- dance with the appropriate rates set out in subclause (7). (b) The application of the provisions of para- graph (a) is subject to the following conditions. (i) For the purposes of paragraph (a) a worker shall be reimbursed all running costs in accordance with the appropriate rates set out in sub- clause (7) for the distance travelled from the worker's residence to place of duty and for the return distance travelled from place of duty to residence except on a day where the officer travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day. (ii) Reimbursement for standing costs as set out in subclause (7) shall be made on the basis of the area in which the worker's residence is located. Reimbursement for running costs as set out in subclause (7) shall be made at the appropriate rate applicable to each of the areas traversed where a worker travels through two or more separate areas in the course of a journey. 1732 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 65 W.A.I.G. (iii) A worker shall be entitled to reimbursement of standing cost expenses provided for in paragraph (a) during any approved period of absence for annual leave; short leave; or sick leave with or without pay. (iv) A worker who is required to supply and maintain a motor vehicle for use on official business is excused from this obligation in the event of his vehicle being stolen, consumed by fire, or suffering a major and unforeseen mechanical breakdown or accident, in which case all entitlement to reimbursement ceases while the worker is unable to provide the motor vehicle or replacement. (v) It shall be open to the employer to elect to waive the requirement that a worker supply and maintain a motor vehicle for use on official business, but three months written notice of its intention so to do shall be given to the worker concerned. (vi) Where a worker is required to supply and maintain a motor vehicle for use on official business and is employed part-time, he shall be entitled to a pro rata payment of standing cost expenses allowed by subclause (7) to be calculated by the employer. (2) Allowance for workers relieving worker subject to subclause (1): (a) A worker not required to supply and maintain a motor vehicle as a term of employment who is required to relieve a worker required to supply and maintain a motor vehicle as a term of employment shall be reimbursed all expenses incurred in accordance with the appropriate rates set out in subclauses (8) and (9) for all journeys travelled on official business and approved by the employer where the worker is required to use his vehicle on official business whilst carrying out the relief duties. (b) For the purposes of paragraph (a) a worker shall be reimbursed all expenses incurred in accordance with the appro- priate rates set out in subclauses (8) and (9) for the distance travelled from the worker's residence to place of duty and the return distance travelled from place of duty to residence except on a day where the worker travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day. (c) Where a worker in the course of a journey travels through two or more separate areas, reimbursement shall be made at the appropriate rate applicable to each of the areas traversed as set out in subclause (8) if applicable. (3) Allowance for other workers using vehicle on official business: (a) A worker who is not required to supply and maintain a motor vehicle for use when travelling on official business as a term of employment, but when requested by the employer voluntarily consents to use the vehicle and who is not in receipt of an allowance provided by subclause (5) shall for journeys travelled on official business approved by the employer be reimbursed all expenses incurred in accordance with appropriate rates set out in subclauses (8) and (9). (b) For the purposes of paragraph (a) a worker shall not be entitled to reimburse- ment for any expenses incurred in respect to the distance between the worker's residence and headquarters and the return distance from headquarters to residence. (c) Where a worker in the course of a journey travels through two or more separate areas, reimbursement shall be made at the appropriate rate applicable to each of the areas traversed as set out in subclause (8) if applicable. (4) Allowance for towing employer's caravan or trailer: In cases where workers are required to tow employer's caravans on official business, the additional rate shall be three cents per kilometre. When departmental trailers are towed on official business the additional rate shall be two cents per kilometre. (5) Commuted allowance: The employer may authorise a commuted amount for reimbursement of costs for motor vehicles or any other conveyance belonging to a worker. (6) Increase of inadequate rates: The employer may increase the rates prescribed by this Award in any case in which it is satisfied that they are inadequate. (7) (a) Requirement to supply and maintain a Motor Car. Area and Details Engine Displacement (in cubic centimetres) Over 1600 cc 1600 cc and Under Metropolitan Area: Standing costs per month $191.42 $133.22 Running costs per kilometre 9.2 cents 7.7 cents South West Land Division: Standing costs per month $195.43 $137.21 Running costs per kilometre 9.5 cents 7.8 cents North of 23.5 degrees South Latitude: Standing costs per month $222.86 $158.36 Running costs per kilometre 10.0 cents 8.3 cents Rest of the State: Standing costs per month $202.42 $141.57 Running costs per kilometre 10.0 cents 8.3 cents (b) The allowances in this paragraph shall be effective on and from 1 June 1985, and replace those allowances in subclause (7) (a). Engine Displacement Area and Details (in cubic centimetres) Over Over 1600 cc 2600 cc 1600 cc & Under -2600 cc Metropolitan Area: $ c $ <r $ Standing costs per month $197.25 $176.74 $137.90 Running costs per kilometre 10.1 8.9 8.4 South West Land Division: Standing costs per month $201.25 $180.74 $141.90 Running costs per kilometre 10.4 9.2 8.6 North of 23.5 degrees South Latitude: Standing costs per month $228.70 $203.17 $163.50 Running costs per kilometre 10.8 9.5 8.9 Rest of the State: Standing costs per month $208.24 $187.48 $146.22 Running costs per kilometre 10.6 9.3 8.7 65 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1733 (8) (a) Voluntary use of a Motor Car. Area and Details Engine Displacement (in cubic centimetres) Distance Travelled Over 1600 cc During a Year on 1600 cc and Under Official Business c/km c/km Metropolitan Area: First 8 000 kilometres 31.5 23.3 Over 8 000 kilometres 20.4 15.5 South West Land Division: First 8 000 kilometres 32.3 23.9 Over 8 000 kilometres 20.9 15.8 North of 23.5 degrees South Latitude: First 8 000 kilometres 36.0 26.8 Over 8 000 kilometres 23.0 17.6 Rest of the State: First 8 000 kilometres 33.6 24.8 Over 8 000 kilometres 21.8 16.5 (d) ' 'Term of Employment'' means a require- ment made known to the officer at the time of applying for the position by way of publication in the advertisement for the position, written advice to the officer contained in the offer for the position or oral communication at interview by an interviewing officer and such requirement is accepted by the officer either in writing or orally. (11) The allowances in this clause shall be varied in accordance with any movement in the allowances in the Public Service Motor Vehicle Allowances Award 1976, No. 13 of 1976. (b) The allowances in this paragraph shall be effective on and from 1 June 1985, and replace those allowances in subclause (8) (a). Engine Displacement Area and Details (in cubic centimetres) Over Over 1600 cc 2600 cc 1600 cc & Under -2600 cc Metropolitan Area: c/km c/km c/km First 8 000 kilometres 33.1 29.6 24.4 Over 8 000 kilometres 21.6 19.2 16.4 South West Land Division: First 8 000 kilometres 33.9 30.3 25.1 Over 8 000 kilometres 22.1 19.7 16.8 North of 23.5 degrees South Latitude: First 8 000 kilometres 37.5 33.2 27.9 Over 8 000 kilometres 24.1 21.4 18.4 Rest of the State: First 8 000 kilometres 34.8 31.2 25.8 Over 8 000 kilometres 22.7 20.3 17.2 (9) (a) Voluntary use of a Motor Cycle. Distance Travelled During a Year on Official Business Rate c/km First 8 000 kilometres 9.1 Over 8 000 kilometres 5.7 (b) The allowances in this paragraph shall be effective on and from 1 June 1985, and replace those allowances in subclause (9) (a). Distance Travelled During a Year on Official Business Rate c/km First 8 000 kilometres 9.6 Over 8 000 kilometres 6.0 HOSPITAL SALARIED OFFICERS. Award No. 39 of 1968. BEFORE THE