2006 WAIRC 03967
BREADCARTERS' (METROPOLITAN) AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES TRANSPORT WORKERS' UNION OF AUSTRALIA, INDUSTRIAL UNION OF WORKERS, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
BAKING INDUSTRY EMPLOYERS' ASSOCIATION OF WESTERN AUSTRALIA
RESPONDENT
CORAM COMMISSIONER J H SMITH
DATE THURSDAY, 16 MARCH 2006
FILE NO/S APPL 15 OF 2006
CITATION NO. 2006 WAIRC 03967

Result Award varied
Representation


APPLICANT MR N J HODGSON

RESPONDENT MS M SARACENI (OF COUNSEL FOR THE RESPONDENT)

Mr J Uphill (as agent for whom warrants have been filed)


Order
Having heard Mr Hodgson on behalf of the Applicant, Ms Saraceni of counsel on behalf of the Respondent and Mr Uphill as agent on behalf of the Respondents for whom warrants have been filed, and by consent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –

THAT the Breadcarters’ (Metropolitan) Award 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 15 March 2006.

COMMISSIONER J H SMITH


SCHEDULE

1. Clause 2. - Arrangement: Between 7. Hours and 8. Overtime insert 7A. Shift Work:

7A. Shift Work


2. Clause 6. – Wages: Delete subclause (1) and insert the following in lieu thereof:

(1) The following shall be the total minimum rates of wages payable to employees covered by this award.


Base Rate$
Supple- mentary Payment$
Safety Net Adjustment$
Total Weekly Wage$





Grade 1LoaderYardperson
314.30
44.90
159.00
518.20





Grade 2Breadcarter in charge of rigid vehicle up to 4.5 tonnes Gross Vehicle Mass (GVM) or Gross Combination Mass (GCM)Loader in charge of automatic slicing and wrapping machineBreadcarter
327.70
46.80
159.00
533.50





Grade 3Breadcarter in charge of rigid vehicle 4.5 to 13.9 tonnes GVM or GCM
334.40
47.80
159.00
541.20





Grade 4Breadcarter in charge of rigid vehicle over 13.9 tonnes GVM or GCM up to 13 tonnes capacity
344.50
49.20
159.00
552.70





Grade 5Breadcarter in charge of rigid vehicle and trailer up to 22.4 tonnes GCM over 10 and up to 15 tonnes capacity
351.10
50.20
159.00
560.30





Grade 6Breadcarter in charge of articulated vehicle 3 or more axles over 22.4 tonnes GCM over 22 and up to 39 tonnes capacity
357.90
51.10
159.00
568.00






Leading Hands

A leading hand appointed as such by the employer and placed in charge of:

(a) Not less than three and not more than ten other workers shall be paid $24.03 per week extra.

(b) More than ten and not more than twenty other workers shall be paid $35.88 per week extra.

(c) More than twenty other workers shall be paid $45.46 per week extra.


3. Clause 6. – Wages: Delete subclause (3) Casuals and insert the following in lieu thereof:

(3) CASUALS

Casual hands shall be paid at the rate of 24 per cent in addition to the rates prescribed herein.


4. Clause 6. – Wages: Delete subclause (4) and insert the following in lieu thereof:

(4) Breadcarters who are required in any week to collect monies and account for them as part of their duties are to be paid $6.37 per week in addition to the rates before-mentioned.


5. Clause 6. – Wages: Delete subclause (5)(a) and (b) and insert the following in lieu there of:

(5) (a) Breadcarters, Loaders and Slicers 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.

(b) Breadcarters, Loaders and Slicers 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.


6. Clause 6. – Wages: Delete subclause (6)


7. Insert a new Clause 7A. – Shift Work:

7A. - SHIFT WORK
(1) DEFINITIONS
For the purposes of this clause:
"Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.
"Continuous Work" means work carried on with consecutive shifts of men throughout the twenty-four hours of each of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
"Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.
"Rostered Shift" means a shift of which the employee concerned has had at least forty eight hours notice.
(2) HOURS - CONTINUOUS WORK SHIFTS
This subclause shall apply to shift employees on continuous work as defined. The ordinary hours of shift employees shall average 38 per week inclusive of crib time and shall not exceed 152 hours in twenty-eight consecutive days. Provided that, where the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days.

Subject to the following conditions, such shift employees shall work at such times as the employer may require:
(a) A shift shall consist of not more than 10 hours inclusive of crib time. Provided that in any arrangement of ordinary working hours where the ordinary working hours are to exceed 8 on any shift the arrangement of hours shall be subject to the agreement of the employer and the majority of employees concerned.
(b) Except at the regular change over of shifts, an employee shall not be required to work more than one shift in each twenty-four hours.
(c) Twenty minutes shall be allowed to shift employees each shift for crib which shall be counted as time worked.
(3) HOURS - OTHER THAN CONTINUOUS WORK

This subclause shall apply to shift employees not on continuous work as herein before defined. Subject to Error! Reference source not found. - Hours the ordinary hours of work shall be an average of 38 per week.
(a) The ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer. An employee shall not be required to work for more than five hours without a break for a meal. Except at regular change-over of shifts an employee shall not be required to work more than one shift in each twenty-four hours.
(b) Provided that the ordinary hours of work prescribed herein shall not exceed 10 hours on any day. Provided further than in any arrangement of ordinary working hours where the ordinary working hours are to exceed 8 hours on any day, the arrangement of hours shall be subject to the agreement of the employer and the majority of employees concerned.
(4) ROSTERS

Shift rosters shall specify the commencing and finishing times or ordinary working hours of the respective shifts.

(5) VARIATION BY AGREEMENT
Subject to (1) and (4) the method of working shifts may in any case be varied by agreement between the employer and the majority of employees concerned. The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the majority of employees concerned to suit the circumstances of the establishment or in the absence of agreement by seven days' notice of alteration given by the employer to the employees.

(6) SHIFT ALLOWANCES
(a) For ordinary hours of shift, shift employees shall be paid the following extra percentages of the rate prescribed for their respective classifications.

Percent
Rotating afternoon shift
15
Permanent afternoon shift
17. 5
Rotating night shift
20
Permanent night shift
30
Permanently working alternate night and afternoon shift:

when on afternoon shift
17. 5
when on night shift
30
(b) Work on Saturday, Sunday or Public Holiday
Shift employees for work on rostered shift the major portion of which is performed on a Saturday, Sunday or public holiday shall be paid as follows:
Saturday - at the rate of time and one half
Sunday - at the rate of double time
Public Holidays - as prescribed in 9 - Holidays, at the rate of double time.
The penalty rates prescribed by this subclause for work on a Saturday, Sunday or Public Holiday shall be payable in lieu of the shift allowance prescribed in 6(a)
(c) Non Continuous Work
Shift employees who work on any afternoon or night shift which does not continue for at least five consecutive afternoons or nights shall be paid at the rate of time and a half for the first three hours and double time thereafter for each such shift.
(d) Rate when shift extends beyond midnight
Notwithstanding anything contained herein, each shift shall be paid for at the rate applicable to the day on which the major portion of the shift is worked.
Where shifts fall partly on a public holiday, that shift the major portion of which falls on such public holiday, shall be regarded as a public holiday shift.
(7) DAYLIGHT SAVING
Notwithstanding anything contained elsewhere in this Award, in any area where by reason of the legislation of a State summer time is prescribed as being in advance of the standard time of that State the length of any shift:
(a) Commencing before the time prescribed by the relevant legislation for the commencement of a summer time period; and
(b) Commencing on or before the time prescribed by such legislation for the termination of a summer time period, shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to the relevant State legislation.
(8) - OVERTIME
Shift employees for all time worked in excess of or outside the ordinary working hours prescribed by this Award or on a shift other than a rostered shift shall:
(a) If employed on continuous shift work be paid at the rate of double time; or
(b) If employed on other shift work at the rate of time and a half for the first three hours and double time thereafter except in each case when the time is worked:
By arrangement between the employees themselves; or
For the purpose of effecting the customary rotation of shifts; or
On a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for a day in accordance with Error! Reference source not found..
Provided that when not less than 7 hours 36 minutes notice has been given to the employer by a relief employee that they will be absent from work and the employee whom they should relieve is not relieved and is required to continue to work on their rostered day off the unrelieved employee shall be paid double time.
(9) SHIFTWORK - MEAL TIMES
All shift employees whilst working on day, afternoon or night shift shall be entitled to a paid crib time of twenty minutes. Such crib time to be allowed and taken as prescribed. Unless the period of overtime is less than one and a half hours an employee before starting overtime after working ordinary hours shall be allowed a meal break of twenty minutes which shall be paid for at ordinary rates. An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of twenty minutes.
10. - SHIFT WORK - ANNUAL LEAVE
In addition to the leave herein before prescribed, seven-day shift employees, that is employees working rostered shift necessitating regular rostered Saturday, Sunday and Public Holiday work as part of their ordinary hours, after each twelve months' continuous service shall be given an extra week's leave. Where an employee is engaged for part only of the twelve-monthly period as a seven-day shift employee, the extra leave, to which they shall be entitled, shall be the same proportion of a week as the proportion which the time they spent as a seven-day employee during the period bears to a year


7. Clause 24A. – Casual Employment: Delete subclause (3) and insert in lieu thereof the following:

(3) A casual employee while working ordinary hours, shall be paid on an hourly basis 1/38th of the appropriate weekly wage rate prescribed by the award, plus 24% of ordinary time earnings for the work performed. A minimum payment of four hours is to be paid each day required.