REVIEW OF CLAUSES 7, 8 AND 16 OF THE MUNICIPAL EMPLOYEES (WESTERN AUSTRALIA) AWARD 2021 PURSUANT TO S 40B OF THE INDUSTRIAL RELATIONS ACT 1979 (WA)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Commission's Own Motion

APPLICANT

-v-

(Not Applicable)

RESPONDENT

CORAM Senior Commissioner R Cosentino

DATE THURSDay, 25 January 2024

FILE NO/S APPL 27 OF 2023

CITATION NO. 2024 WAIRC 00037

Result Award varied

Order

HAVING received written submission filed on behalf of the Hon. Minister for Industrial Relations, Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Western Australian Local Government Association and Local Government, Racing and Cemeteries Employees Union (WA);

AND for the reasons stated in the published reasons for decision;

NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders –

THAT the Municipal Employees (Western Australia) Award 2021 be varied in accordance with the attached Schedule and that the variations in the attached Schedule shall have effect from the date of this order.

Senior Commissioner R Cosentino

SCHEDULE

1. Delete clauses 18.1 to 18.5 and inserting in substitution the following clauses:

18.1 Each employee shall be paid the appropriate rate shown in clause 16 ‘Wages’ of this award.

18.2 Wages shall be paid at the discretion of the employer on either a weekly or fortnightly basis and in accordance with the Minimum Conditions of Employment Act 1993 (WA).

18.3 Wages must be paid within 2 days from the last day of the pay period.

18.4 Wages shall be paid as follows:

18.4.1 Actual 38 ordinary hours

In the case of an employee whose hours of duty are 38 ordinary hours each week, wages shall be paid weekly or fortnightly according to the actual ordinary hours worked each week or fortnight.

18.4.2 Average of 38 ordinary hours

In the case of an employee whose hours of duty are an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid weekly or fortnightly according to a weekly average of ordinary hours of duty even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle.

18.4.3 Where an employee is paid in accordance with clause 18.4.2, the average weekly pay will be reduced by the ordinary hourly rate for each hour the employee is absent from duty other than on paid leave.

18.5 [deleted]

2. Delete the words ‘Except as provided in 18.4’ in clause 18.9.

3. Delete clause 23.6 and inserting the following clause in substitution:

Subject to the provisions of the Minimum Conditions of Employment Act 1993 (WA), annual leave shall be given and taken in such period or periods and at such a time or at such times mutually convenient to the employer and the employee.