2006 WAIRC 03913
RESTAURANT, TEAROOM AND CATERING WORKERS' AWARD, 1979 (NO R48 OF 1978)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH

APPLICANT
-V-
KINGS PARK GARDEN RESTAURANT AND OTHERS
RESPONDENT
CORAM COMMISSIONER J L HARRISON
DATE WEDNESDAY, 8 MARCH 2006
FILE NO/S APPL 929 OF 2005
CITATION NO. 2006 WAIRC 03913

Result Varied


Order
WHEREAS on 24 February 2006 the Commission issued Reasons for Decision and a Minute of Proposed Order in this matter; and

WHEREAS on 7 March 2006 the Commission conducted a Speaking to the Minute of Proposed Order; and

WHEREAS the Restaurant and Catering Industry Association of Employers of Western Australia Inc (“the RCIA”) argues that as there is no certainty that P&C Associations will continue to be the only entities that employ canteen workers in government schools the proposed variation should be limited to employees of P&C Associations; and

WHEREAS the applicant opposes the variation sought by the RCIA and argues that the issue raised is not an issue which can be raised at a speaking to the minutes (see D A Sheahan v State School Teachers Union of WA (Inc) (1989) 69 WAIG 2960); and

FURTHER the applicant argues that the issue raised by the RCIA alters the substance of the order; and

WHEREAS having considered the submissions of both parties the Commission advised the parties that the variation sought by the RCIA was contrary to the purpose of a speaking to the minutes and stated that the issue raised by the RCIA may be addressed by the parties at a later stage or as a fresh application to the Commission; and

FURTHER that the Commission is of the view that apart from some minor changes as a result of typographical errors in the order raised by the applicant the order should issue in the same terms as the minute;

NOW HAVING heard Ms S Northcott on behalf of the applicant, Mr N Devine as agent intervening on behalf of a number of Parents and Citizens Associations, Ms S Howard on behalf of the Western Australian Hotels and Hospitality Association Incorporated (Union of Employers) and Mr O Moon as agent on behalf of the Restaurant and Catering Industry Association of Employers of Western Australia Inc, the Commission, pursuant to the powers conferred under the Industrial Relations Act, 1979, hereby orders:

THAT the Restaurant, Tearoom and Catering Workers’ Award, 1979 (No R48 of 1978) 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 date of this order.






COMMISSIONER J L HARRISON



SCHEDULE


1. Clause 2. – Arrangement: Delete this clause and insert the following in lieu thereof:

1. Title
2. Arrangement
3. Area
4. Scope
5. Term
6. Definitions
7. Contract of Service
8. Hours
9. Additional Rates for Ordinary Hours
10. Overtime
10A. Translation of Casual Employees
11. Casual Employees
12. Part-Time Employees
13. Meal Breaks
14. Meal Money
15. Sick Leave
16. Bereavement Leave
17. Holidays
18. Annual Leave
19. Long Service Leave
20. Payment of Wages
20A. Translation of Full-Time and Part-Time Employees
21. Wages
21A. Minimum Wage - Adult Males & Females
22. Junior Employees
23. Apprentices
24. Option for Annualised Salary
25. Higher Duties
26. Uniforms and Laundering
27. Protective Clothing
28. Workers’ Equipment
29. No Reductions
30. Board and/or Lodging
31. Travelling Facilities
32 Record
33. Roster
34. Change and Rest Rooms
35. First Aid Kit
36. Posting of Award and Union Notices
37. Superannuation
38. Over Award Payments
39. Under-Rate Workers
40. Prohibition of Contracting Out of Award
41. Breakdowns
42. Location Allowance
43. Parental Leave
44. National Training Wage
45. Enterprise Flexibility
46. Changes with Significant Effect and Redundancy
47. Right of Entry
48. Redundancy
49. Anti-Discrimination
50. No Extra Claims
51. Further Claims
52. Union Delegates and Meetings
53. Temporary Exemption Clause
54. School Canteen Workers

Appendix - Resolution of Disputes Requirement

Schedule A - Named Parties
Schedule B - Respondents
Schedule C - Letter to Employees

Appendix - S 49B - Inspection of Records Requirements
Appendix – McDonald’s Australia Limited Franchisees


2. Clause 21. – Wages: Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) The following shall be the minimum fortnightly rates of wage payable to full-time employees covered by this award –

$ per Fortnight

Level
Classification
1.7.01
1.8.01
1.1.02
1.7.02
1.8.02
5.6.03
4.6.04
 7.7.05

Introductory
800.80
826.80
826.80
826.80
862.80
896.80
934.80
968.80
Level 1
Food & Beverage Attendant Grade 1
Kitchen Attendant Grade1
Guest Services Grade 1
Gardener
General Hand
Yardman
830.00
856.00
858.00
860.20
896.20
930.20
968.20
1002.20
Level 2
Food & Beverage Attendant Grade 2
Cook Grade 1
Kitchen Attendant Grade 2
Night Porter
Storeperson Grade 1
Doorperson/Security Officer Grade 1
Guest Services Grade 2
Canteen Worker Grade 2
860.00
886.00
898.50
910.40
946.40
980.40
1018.40
1052.40
Level 3
Food & Beverage Attendant Grade 3
Cook Grade 2
Kitchen Attendant Grade 3
Guest Services Grade 3
Storeperson Grade 2
Timekeeper/Security Officer Grade 2
Handyperson
Forklift Driver
Canteen Worker Grade 3
890.00
916.00
931.00
947.00
983.00
1017.00
1055.00
1089.00
Level 4
Cook Grade 3
Storeperson Grade 3
Food & Beverage Attendant Grade 4
(Tradesperson)
Guest Service Grade 4
Canteen Supervisor Grade 4
945.00
971.00
991.00
1014.40
1050.40
1084.40
1122.40
1156.40
Level 5
Cook Grade 4
Food & Beverage Supervisor
Guest Services Supervisor
1010.00
1040.00
1065.00
1097.80
1133.80
1167.80
1205.80
1239.80
Level 6
Cook Grade 5
1060.00
1090.00
1110.00
1135.60
1171.60
1205.60
1243.60
1277.60

[All rates are effective from the beginning of the first pay period commencing on or after the date shown, except for the increases resulting from the 2003, 2004 and 2005 State Wage Case Decisions, which are payable on and from 5 June 2003, 4 June 2004 and 7 July 2005 respectively]


3. Clause 53. – Temporary Exemption Clause: Immediately following this clause insert a new number, title and clause as follows:

54. – SCHOOL CANTEEN WORKERS

(1) Without limiting the scope of this Award, the provisions of this clause shall only apply to canteen workers employed in government schools.

(2) This clause shall not apply to canteen workers employed by the Director General of the Department of Education and Training.

(3) To the extent that the provisions of this clause are inconsistent with the provisions in any other clause of this Award, the provisions of this clause shall prevail.

(4) Definitions

(a) Canteen Worker

Means an employee who works in a school canteen.

(b) Committee

Means a person or persons delegated with the function of overseeing the management of a school canteen.

(c) Canteen Worker Grade 2

Means a canteen worker who is engaged in any of the following:

● Supplying, dispensing, warming or generally preparing light snack meals;
● Undertaking general serving duties of both food and/or refreshments;
● Maintaining canteen cleanliness;
● Attending a canteen customer service counter;
● Receipt of monies and dispensing change;
● Delivery duties to classrooms, when required.

(d) Canteen Worker Grade 3

Means a canteen worker who coordinates volunteers and a maximum of two other canteen workers who work a combined maximum total of 55 hours per week, and/or in addition to Grade 2 is engaged in any of the following:

● Controls canteen stock (including the weekly receipt, recording and ordering of basic pro forma stock);
● In consultation with Committee coordinates rosters for staff and volunteers;
● In consultation with Committee coordinates and/or prices snack food menus.

(e) Canteen Supervisor Grade 4

Means a canteen worker who supervises volunteers and more than two other canteen employees and/or in addition to Grade 3;

● Manages canteen stock (including responsibility for stock take and budgeted ordering).

(5) Canteen workers shall commence employment at a level not lower than Food and Beverage Attendant Grade 2.

(6) Part-time Canteen Worker

(a) A part-time canteen worker shall mean a worker who, subject to the provisions of Clause 8. Hours, regularly works no less than twenty ordinary hours per fortnight nor less than three hours per work period.

(b) Notwithstanding the provisions of Clause 12. – Part Time Workers and subclause (6)(a) of this clause a worker employed in a canteen may be employed for less than twenty ordinary hours per fortnight but for no less than three hours per day on a regular and rostered basis on set hours of the day and set days of the week.

(c) A worker employed in a canteen in accord with subclause (6)(b) of this clause and rostered for less than twenty ordinary hours per fortnight shall be paid in accord with Clause 10. – Overtime, for hours worked in excess of such rostered hours.

(d) Notwithstanding any other provisions of this award, the employer and the worker, other than a worker employed in accord with subclause (6)(b) of this clause may, by agreement, increase the ordinary hours to be worked in any particular pay period to a maximum of seventy-six ordinary hours. Such extra hours shall be paid for at ordinary rates of pay.

(e) A part-time worker shall receive payment for wages, annual leave, holidays, bereavement leave and sick leave on a pro-rata basis in the same proportion as the number of hours worked each fortnight bears to seventy-six hours.

(7) No Reductions

Nothing contained in this clause shall operate to reduce the wages of any employee who, at the date of insertion of this clause, was being paid a higher rate of wage than the minimum prescribed for their class of work.