Commission's Own Motion -v- (Not applicable)
Document Type: Order
Matter Number: APPL 52/2018
Matter Description: Application to vary the Fast Food Outlets Award 1990 to ensure that payment of wages for hours in excess of 38 per week complies with statutory minimum requirements
Industry: Food Retailing
Jurisdiction: Single Commissioner
Member/Magistrate name: Chief Commissioner P E Scott
Delivery Date: 10 May 2019
Result: Award varied
Citation: 2019 WAIRC 00231
WAIG Reference: 99 WAIG 443
APPLICATION TO VARY THE FAST FOOD OUTLETS AWARD 1990 TO ENSURE THAT PAYMENT OF WAGES FOR HOURS IN EXCESS OF 38 PER WEEK COMPLIES WITH STATUTORY MINIMUM REQUIREMENTS
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES COMMISSION'S OWN MOTION
APPLICANT
-V-
(NOT APPLICABLE)
RESPONDENT
CORAM CHIEF COMMISSIONER P E SCOTT
DATE FRIDAY, 10 MAY 2019
FILE NO/S APPL 52 OF 2018
CITATION NO. 2019 WAIRC 00231
Result Award varied
Order
HAVING heard Dr T Dymond on behalf of UnionsWA, Mr K Black on behalf of Chamber of Commerce and Industry WA and Mr B Entrekin on behalf of the Minister for Commerce and Industrial Relations, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, and by consent, hereby orders -
THAT the Fast Food Outlets Award 1990 be varied in accordance with the following Schedule and that such variations shall have effect from the beginning of the first pay period commencing on or after Friday, 10 May 2019.
CHIEF COMMISSIONER P E SCOTT
SCHEDULE
Clause 20 – Wages: Insert the following subclauses into this clause:
(3) Subclauses (3) and (4) apply whenever a State Wage Case decision is issued by the Commission, increasing adult rates of pay in State awards by a flat dollar amount.
(4) The State Wage Case increase is to be applied to adult weekly rates of pay in this award in accordance with the following formula:
Step 1: Divide the flat dollar increase by 38 (and round to the nearest cent)
Step 2: Multiply the figure calculated in Step 1 by 40
Example: The Commission awards an $18.00 per week increase to adult weekly rates of pay
Step 1 = $18.00 ÷38 = $0.47
Step 2 = $0.47 x 40 = $18.80
In this example adult weekly rates of pay would be increased by $18.80 per week.
APPLICATION TO VARY THE FAST FOOD OUTLETS AWARD 1990 TO ENSURE THAT PAYMENT OF WAGES FOR HOURS IN EXCESS OF 38 PER WEEK COMPLIES WITH STATUTORY MINIMUM REQUIREMENTS
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Commission's Own Motion
APPLICANT
-v-
(Not applicable)
RESPONDENT
CORAM Chief Commissioner P E Scott
DATE friday, 10 may 2019
FILE NO/S APPL 52 OF 2018
CITATION NO. 2019 WAIRC 00231
Result Award varied
Order
HAVING heard Dr T Dymond on behalf of UnionsWA, Mr K Black on behalf of Chamber of Commerce and Industry WA and Mr B Entrekin on behalf of the Minister for Commerce and Industrial Relations, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, and by consent, hereby orders -
THAT the Fast Food Outlets Award 1990 be varied in accordance with the following Schedule and that such variations shall have effect from the beginning of the first pay period commencing on or after Friday, 10 May 2019.
Chief Commissioner P E Scott
SCHEDULE
Clause 20 – Wages: Insert the following subclauses into this clause:
(3) Subclauses (3) and (4) apply whenever a State Wage Case decision is issued by the Commission, increasing adult rates of pay in State awards by a flat dollar amount.
(4) The State Wage Case increase is to be applied to adult weekly rates of pay in this award in accordance with the following formula:
Step 1: Divide the flat dollar increase by 38 (and round to the nearest cent)
Step 2: Multiply the figure calculated in Step 1 by 40
Example: The Commission awards an $18.00 per week increase to adult weekly rates of pay
Step 1 = $18.00 ÷38 = $0.47
Step 2 = $0.47 x 40 = $18.80
In this example adult weekly rates of pay would be increased by $18.80 per week.