RESCIND GENERAL ORDER NO. 15/2016 AND ISSUE A NEW GENERAL ORDER WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES COMMISSION'S OWN MOTION APPLICANT -v- (Not applicable) RESPONDENT CORAM senior commissioner S J Kenner Commissioner T Emmanuel Commissioner D J Matthews DATE THURSday, 15 June 2017 FILE NO/S APPL 20 OF 2017 CITATION NO. Result General Order issued Representation Mr B Entrekin on behalf of the Hon. Minister for Commerce and Industrial Relations Mr P Moss on behalf of the Chamber of Commerce and Industry of WA (Inc) Dr T Dymond on behalf of UnionsWA General Order HAVING heard Mr B Entrekin on behalf of the Honourable Minister for Commerce and Industrial Relations; Mr P Moss on behalf of the Chamber of Commerce and Industry of Western Australia (Inc); and Dr T Dymond on behalf of UnionsWA, the Commission in Court Session, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA) hereby orders – THAT each award cited in Schedule A of this General Order be varied by substituting for the location allowances provisions contained in each such award the location allowance provisions in Schedule B of this General Order. THAT each such variation shall have effect from the beginning of the first pay period to commence on or after the first day of July 2017. THAT this General Order replace the General Order in Matter No 15 of 2016 which thereby shall be rescinded. SENIOR COMMISSIONER S J KENNER for and on behalf of the commission in court session LOCATION ALLOWANCES SCHEDULE A Title of Award or Order Clause No. Aerated Water and Cordial Manufacturing Industry Award 1975 31 Aged and Disabled Persons Hostels Award, 1987 28 Air Conditioning and Refrigeration Industry (Construction and Servicing) Award No. 10 of 1979 20 Animal Welfare Industry Award 14 Artworkers Award 20 The Australian Workers Union Road Maintenance, Marking and Traffic Management Award 2002 5.14 Bakers’ (Country) Award No. 18 of 1977 20 Breadcarters (Country) Award 1976 27 Building Trades Award 1968 24 Building Trades (Construction) Award 1987 Appendix A Child Care (Out of School Care - Playleaders) Award 10 Children's Services (Private) Award 12 Cleaners and Caretakers Award, 1969 3.6 Cleaners and Caretakers (Car and Caravan Parks) Award 1975 22 Clerks' (Accountants' Employees) Award 1984 23 Clerks (Commercial, Social and Professional Services) Award No. 14 of 1972 27 Clerks' (Customs and/or Shipping and/or Forwarding Agents) Award 30 Clerks' (Hotels, Motels and Clubs) Award 1979 22 Clerks (Timber) Award 31 Clerks (Unions and Labor Movement) Award 2004 No. A 10 of 1996 37 Clerks' (Wholesale & Retail Establishments) Award No. 38 of 1947 28 Clothing Trades Award 1973 22 Contract Cleaners Award, 1986 24 Contract Cleaners' (Ministry of Education) Award 1990 21 Crisis Assistance, Supported Housing Industry - Western Australian Interim Award 2011 17.6 Dental Technicians' and Attendant/Receptionists’ Award, 1982 27 The Draughtsmen's, Tracers', Planners' and Technical Officers' Award 1979 32 Dry Cleaning and Laundry Award 1979 22 Earth Moving and Construction Award 25 Electrical Contracting Industry Award R 22 of 1978 22 Electrical Trades (Security Alarms Industry) Award 1980 19 Electronics Industry Award No. A 22 of 1985 24 Engine Drivers' (Building and Steel Construction) Award No. 20 of 1973 25 Engine Drivers' (General) Award 20 Enrolled Nurses and Nursing Assistants (Private) Award No. 8 of 1978 23 Foremen (Building Trades) Award 1991 15 Funeral Directors' Assistants' Award No. 18 of 1962 33 Furniture Trades Industry Award 46 Gate, Fence and Frames Manufacturing Award 21 Golf Link and Bowling Green Employees' Award, 1993 28 Hairdressers Award 1989 31 The Horticultural (Nursery) Industry Award, No. 30 of 1980 6 Industrial Spraypainting and Sandblasting Award 1991 19 Independent Schools Administrative and Technical Officers Award 1993 22 Independent Schools (Boarding House) Supervisory Staff Award 22 Independent Schools Psychologists and Social Workers Award 21 Independent Schools' Teachers' Award 1976 18 Landscape Gardening Industry Award 18 Licensed Establishments (Retail and Wholesale) Award 1979 31 Local Government Officers’ (Western Australia) Interim Award 2011 17.2 Meat Industry (State) Award, 2003 21(1) Metal Trades (General) Award 5.6 Motel, Hostel, Service Flats and Boarding House Workers' Award, 1976 42 Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection), Industry Award No. 29 of 1980 17 Municipal Employees (Western Australia) Interim Award 2011 19.6 Nurses' (Day Care Centres) Award 22 Nurses (Dentists Surgeries) Award 1977 23 Nurses (Doctors Surgeries) Award 1977 22 Nurses’ (Independent Schools) Award 20 Nurses' (Private Hospitals) Award 30 Pastrycooks' Award No. 24 of 1981 11 Pest Control Industry Award 14 Photographic Industry Award, 1980 29 Private Hospital Employees' Award, 1972 40 Quarry Workers' Award, 1969 19 Radio and Television Employees' Award 23 Restaurant, Tearoom and Catering Workers' Award 41 Retail Pharmacists’ Award 2004 5.2 The Rock Lobster and Prawn Processing Award 1978 26 School Employees (Independent Day & Boarding Schools) Award, 1980 31 Security Officers' Award 20(3) Sheet Metal Workers' Award No. 10 of 1973 26 The Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977 39 Social and Community Services (Western Australia) Interim Award 2011 18.10 Teachers' Aides' (Independent Schools) Award 1988 17 Timber Yard Workers Award No. 11 of 1951 28 Transport Workers (General) Award No. 10 of 1961 5.13 Transport Workers (Mobile Food Vendors) Award 1987 18 Transport Workers' (North West Passenger Vehicles) Award, 1988 28 Transport Workers' (Passenger Vehicles) Award No. R 47 of 1978 24 Western Australian Surveying (Private Practice) Industry Award, 2003 8.4 SCHEDULE B Subject to the provisions of this clause, in addition to the rates prescribed in the wages clause 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 PER WEEK Agnew $21.30 Argyle $57.00 Balladonia $22.00 Barrow Island $37.10 Boulder $9.10 Broome $34.30 Bullfinch $10.00 Carnarvon $17.60 Cockatoo Island $37.60 Coolgardie $9.10 Cue $21.90 Dampier $29.90 Denham $17.60 Derby $35.70 Esperance $6.20 Eucla $23.90 Exmouth $31.30 Fitzroy Crossing $43.30 Halls Creek $50.00 Kalbarri $7.60 Kalgoorlie $9.10 Kambalda $9.10 Karratha $35.90 Koolan Island $37.60 Koolyanobbing $10.00 Kununurra $57.00 Laverton $21.80 Learmonth $31.30 Leinster $21.30 Leonora $21.80 Madura $23.00 Marble Bar $55.20 Meekatharra $18.90 Mount Magnet $23.70 Mundrabilla $23.50 Newman $20.50 Norseman $18.80 Nullagine $55.10 Onslow $37.10 Pannawonica $27.80 Paraburdoo $27.70 Port Hedland $29.70 Ravensthorpe $11.30 Roebourne $41.30 Sandstone $21.30 Shark Bay $17.60 Southern Cross $10.00 Telfer $50.80 Teutonic Bore $21.30 Tom Price $27.70 Whim Creek $35.50 Wickham $34.30 Wiluna $21.60 Wyndham $53.40 (2) Except as provided in subclause (3) of this clause, an employee who has: (a) a dependant shall be paid double the allowance prescribed in subclause (1) of this clause; (b) a partial dependant shall be paid the allowance 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; or (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 662/3 per cent of the allowances prescribed in subclause (1) of this clause. The provisions of paragraph (b) of this subclause shall have effect on and from the 24th day of July, 1990. (4) Subject to subclause (2) of this clause, junior employees, casual employees, part time employees, 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. (5) 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. (6) 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 allowance for the period of such leave he/she remains in the location in which he/she is employed. (7) For the purposes of this clause: (a) “Dependant” shall mean - (i) a spouse or defacto partner; or (ii) a child where there is no spouse or defacto partner; who does not receive a location allowance or who, if in receipt of a salary or wage package, receives no consideration for which the location allowance is payable pursuant to the provisions of this clause. (b) “Partial Dependant” shall mean a “dependant” as prescribed in paragraph (a) of this subclause who receives a location allowance which is less than the location allowance prescribed in subclause (1) of this clause or who, if in receipt of a salary or wage package, receives less than a full consideration for which the location allowance is payable pursuant to the provisions of this clause. (8) 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 Association, the Chamber of Commerce and Industry of Western Australia and UnionsWA or, failing such agreement, as may be determined by the Commission. (9) 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.