TRANSPORT WORKERS (GENERAL) AWARD NO. 10 OF 1961

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Transport Workers Union of Australia, Industrial Union of Workers, Western Australia Branch

APPLICANT

-v-

Baking Industry Employers Association of Western Australia (INC)

RESPONDENT

CORAM Senior Commissioner R Cosentino

DATE WEDNESDay, 31 January 2024

FILE NO/S APPL 73 OF 2023

CITATION NO. 2024 WAIRC 00047

Result Award varied

Representation (on the papers)

Applicant Transport Workers Union of Australia, Industrial Union of Workers, Western Australia Branch

Respondent Baking Industry Employers Association of Western Australia (INC)

Order

WHEREAS the Transport Workers Union of Australia, Industrial Union of Workers, Western Australia Branch applied on 10 October 2023 to vary the Transport Workers (General) Award No 10 of 1961 pursuant to s 40 of the Industrial Relations Act 1979 (WA);

AND WHEREAS for the reasons set out in [2024] WAIRC 00022, the Commission is satisfied that the requirements for varying the Award are met, and that it is appropriate to make the variations as set out in the reasons for decision;

NOW THEREFORE, the Commission, pursuant to the powers conferred under the Act, hereby orders –

THAT the Transport Workers (General) Award No 10 of 1961 be varied in accordance with the following schedule and that the variations shall have effect from 1 February 2024.

Senior Commissioner R Cosentino

SCHEDULE

1. Clause 1.2 ‑ Arrangement: Insert the following as a new clause after clause 1.8:

1.9 NO REDUCTION

2. Clause 1.3 ‑ Scope: Delete this clause in its entirety and insert in lieu thereof the following:

1.3. – SCOPE

This Award shall apply to all employees following the vocations referred to in the Classifications Clause 4.3 who are eligible for membership in the applicant Union and who are employed in the industries referred to in Clause 12.1. Provided that this Award shall not apply to employees engaged in the timber industry within the South West Land Division nor to employees whose duties involve them in delivering goods or materials solely beyond the West Australian State border.

3. Clause 1.6 ‑ Definitions: Insert the following new definitions after subclause 1.6.14:

1.6.15 “Bread Carter” shall mean an employee appointed as such who may be required to perform incidental and peripheral work of a general nature in addition to the following specific duties:

1.6.15.1 delivery and conveying of bread and associated products.

1.6.15.2 loading and packing of vehicle.

1.6.15.3 maintain the vehicle in a clean condition and carry out minor maintenance/checking to maintain the vehicle in a roadworthy condition.

1.6.15.4 collect crates.

1.6.15.5 maintain the paperwork associated with the load and sales.

1.6.15.6 merchandise products by delivery and replenishing of stock in retail outlets.

1.6.16 “Country Bread Carter” shall mean a bread carter who operates in the area of Western Australia outside the radius of 45 kilometres from the G.P.O, Perth.

1.6.17 “Loader” (in connection with bread carting) shall mean and include a worker engaged in the sorting, packing, wrapping, slicing, or loading of bread.

4. Insert the following as a new clause after clause 1.8:

1.9. – NO REDUCTION

1.9.1 Despite the provisions of this award, a Bread Carter (including a casual Bread Carter) who was employed at 31 January 2024 under either the:

• Breadcarters’ (Metropolitan) Award or

• Breadcarters (Country) Award 1976

and who continues to be employed after that date with the same employer under this award, must not be paid less than they would have been paid for the same work under the provisions of the former award as it stood at 31 January 2024.

5. Clause 3.1 ‑ Hours:

(a) Renumber subclause 3.1.7 as subclause 3.1.10:

3.1.10 Liberty to apply is reserved to either party to amend this clause for the purpose of making provision for shift employees.

(b) Insert the following as a new subclause 3.1.7:

3.1.7 The ordinary hours of work of a Bread Carter shall consist of work performed over a period of eight consecutive hours on each working day unless agreed between the employer and the majority of employees in the workplace, and shall be worked:

3.1.7.1 For a Country Bread Carter, from Monday to Saturday inclusive.

3.1.7.2 For a metropolitan Bread Carter, five consecutive days from Monday to Friday inclusive.

(c) Insert the following as a new subclause 3.1.8:

3.1.8 Any time worked by a Bread Carter after eight hours on any one day will be overtime and shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

(d) Insert the following as a new subclause 3.1.9:

3.1.9 All time worked by a Country Bread Carter in excess of ten hours on a double delivery day or in excess of twelve hours on a treble or quadruple delivery day shall stand alone and be deemed overtime and shall be paid at the rate of double time.

6. Clause 4.3 ‑ Classifications: Delete subclause 4.3.2 in its entirety and insert in lieu thereof the following:

4.3.2 Grade 2

Driver, rigid vehicle to 4.5 tonnes GVM (Gross Vehicle Mass)

Employee riding a motorcycle in the course of employment

Night Washer

Driver of tow motor

Loader in charge of automatic slicing and wrapping machine

7. Clause 5.1 ‑ Shift Work: Insert the following as new subclauses after 5.1.4:

5.1.7.5 Loaders who are required to commence working before 4.00 a.m. on any day shall be paid for each day so worked, an extra 30 per cent.

5.1.7.6 Loaders who are required to commence work between 4.01 a.m. and 7.00 a.m. on any day shall be paid an extra 15 per cent for each day so worked.

5.1.7.7 Bread Carters who are required to commence working before 7.00 a.m. on any day shall be paid an extra 15 per cent for each day so worked.

5.1.7.8 The early start premiums provided by subclauses 5.1.7.5 to 5.1.7.7 are not payable on overtime hours worked.

8. Clause 5.6 ‑ Meals:

(a) Delete the clause title ‘Meals’ and insert in lieu thereof the following:

5.6. – MEAL AND REST BREAKS

(b) Insert the following as new subclauses after 5.6.5:

5.6.6 An employee engaged in the bread carting industry shall be entitled to a rest period of ten minutes, after eight hours of work in any shift and a further rest period of ten minutes for every two hours worked thereafter in that shift.

5.6.7 Such rest periods shall count as part of the time worked and shall be taken at a time to suit the convenience of the employer and the employee either before or after the entitlement accrues.

9. Clause 12 ‑ Named Parties: Delete the address ‘3rd Floor, Labour Centre 82 Beaufort Street PERTH WA 6000’ that appears under the union’s name.

10. Clause 12.1 ‑ Respondents to the Award: Add the word ‘Bread’ before the words ‘Cake, Biscuit and Pastry Manufacturing and/or Selling:’.