The Shop, Distributive and Allied Employees' Association of Western Australia -v- Australian Fast Foods Pty Ltd, Red Rooster, Pizza Hut
Document Type: Order
Matter Number: APPL 48/2011
Matter Description: Fast Food Outlets Award 1990
Industry: Food, Beverage and Tobacco Mfg
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S M Mayman
Delivery Date: 10 Oct 2011
Result: Award varied
Citation: 2011 WAIRC 00947
WAIG Reference: 91 WAIG 2149
FAST FOOD OUTLETS AWARD 1990
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION OF WESTERN AUSTRALIA
APPLICANT
-V-
AUSTRALIAN FAST FOODS PTY LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S M MAYMAN
DATE MONDAY, 10 OCTOBER 2011
FILE NO/S APPL 48 OF 2011
CITATION NO. 2011 WAIRC 00947
Result Award varied
Representation
APPLICANT MR T POPE
RESPONDENT
Order
HAVING heard Mr T Pope on behalf of The Shop, Distributive and Allied Employees’ Association of Western Australia and there being no appearance on behalf of the respondents, and by consent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:
THAT the Fast Foods Outlets Award 1990 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 10th day of October 2011.
COMMISSIONER S M MAYMAN
SCHEDULE
1. Clause 13. – Meal Money: Delete this clause and insert the following in lieu thereof:
Any employee who is required to work overtime for more than two hours on any day, without being notified on the previous day or earlier, that he or she will be required to work such overtime, will either be supplied with a meal by the employer or be paid $12.45 meal money.
The meal money amount prescribed in this Clause was established by way of nexus with the Shop and Warehouse (Wholesale and Retail Establishments) State Award 1971 in application 1928 of 2002.
2. Clause 20. – Wages: Delete subclause (2) of this clause and insert the following in lieu thereof:
(2) Leading Hands -
An employee who is appointed and placed in charge of other employees by the employer shall be paid the following rates in addition to the employee’s normal wage per week -
(a)
If placed in charge of less than 6 employees
$8.85
(b)
If placed in charge of 6 to 10 employees
$12.05
(c)
If placed in charge of 11 to 20 employees
$14.20
(d)
If placed in charge of more than 20 employees
$22.90
3. Clause 22. – Bar Work: Delete this clause and insert the following in lieu thereof:
Any employee, other than a Bar Attendant, who in addition to his or her normal duties is required to dispense liquor from a bar, shall be paid a flat rate of $1.15 per day in addition to the rate prescribed for such normal duties.
4. Clause 24. – Uniforms and Laundering: Delete this clause and insert the following in lieu thereof:
Where uniforms are required by the employer to be worn they shall be supplied, laundered and/or dry cleaned by the employer and remain the property of the employer, provided that in lieu of the employer laundering and/or dry cleaning same, the employee shall be paid the following laundry allowance per week -
Class of Employee
Allowance per Week
Employees employed on a casual basis
$1.70
Employees employed on a part time basis
$2.10
Employees employed on a full time basis
$2.70
Provided that any employee employed as a full time Cook shall be paid $3.25 per week for laundry and/or dry cleaning. Provided further that the provisions of this clause may be altered by written agreement between the union and the employer.
5. Clause 25. – Protective Clothing: Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) Employees who are required to wash dishes, clean toilets or otherwise handle detergents, acids, soaps or any injurious substances shall be supplied, free of charge by the employer, with rubber gloves or be paid an allowance of $1.70 per week in lieu.
FAST FOOD OUTLETS AWARD 1990
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES The Shop, Distributive and Allied Employees' Association of Western Australia
APPLICANT
-v-
Australian Fast Foods Pty Ltd AND OTHERS
RESPONDENTS
CORAM Commissioner S M Mayman
DATE MONDAY, 10 OCTOBER 2011
FILE NO/S APPL 48 OF 2011
CITATION NO. 2011 WAIRC 00947
Result Award varied
Representation
Applicant Mr T Pope
Respondent
Order
HAVING heard Mr T Pope on behalf of The Shop, Distributive and Allied Employees’ Association of Western Australia and there being no appearance on behalf of the respondents, and by consent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:
THAT the Fast Foods Outlets Award 1990 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 10th day of October 2011.
Commissioner S M Mayman
SCHEDULE
1. Clause 13. – Meal Money: Delete this clause and insert the following in lieu thereof:
Any employee who is required to work overtime for more than two hours on any day, without being notified on the previous day or earlier, that he or she will be required to work such overtime, will either be supplied with a meal by the employer or be paid $12.45 meal money.
The meal money amount prescribed in this Clause was established by way of nexus with the Shop and Warehouse (Wholesale and Retail Establishments) State Award 1971 in application 1928 of 2002.
2. Clause 20. – Wages: Delete subclause (2) of this clause and insert the following in lieu thereof:
(2) Leading Hands -
An employee who is appointed and placed in charge of other employees by the employer shall be paid the following rates in addition to the employee’s normal wage per week -
(a) |
If placed in charge of less than 6 employees |
$8.85 |
|
|
|
(b) |
If placed in charge of 6 to 10 employees |
$12.05 |
|
|
|
(c) |
If placed in charge of 11 to 20 employees |
$14.20 |
|
|
|
(d) |
If placed in charge of more than 20 employees |
$22.90 |
3. Clause 22. – Bar Work: Delete this clause and insert the following in lieu thereof:
Any employee, other than a Bar Attendant, who in addition to his or her normal duties is required to dispense liquor from a bar, shall be paid a flat rate of $1.15 per day in addition to the rate prescribed for such normal duties.
4. Clause 24. – Uniforms and Laundering: Delete this clause and insert the following in lieu thereof:
Where uniforms are required by the employer to be worn they shall be supplied, laundered and/or dry cleaned by the employer and remain the property of the employer, provided that in lieu of the employer laundering and/or dry cleaning same, the employee shall be paid the following laundry allowance per week -
Class of Employee |
Allowance per Week
|
Employees employed on a casual basis |
$1.70 |
Employees employed on a part time basis |
$2.10 |
Employees employed on a full time basis |
$2.70 |
Provided that any employee employed as a full time Cook shall be paid $3.25 per week for laundry and/or dry cleaning. Provided further that the provisions of this clause may be altered by written agreement between the union and the employer.
5. Clause 25. – Protective Clothing: Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) Employees who are required to wash dishes, clean toilets or otherwise handle detergents, acids, soaps or any injurious substances shall be supplied, free of charge by the employer, with rubber gloves or be paid an allowance of $1.70 per week in lieu.