2007 WAIRC 00026
BRUSHMAKERS' AWARD NO 30 OF 1959
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
E.D.OATES BRUSHWARE LTD
RESPONDENT
CORAM COMMISSIONER J L HARRISON
DATE MONDAY, 22 JANUARY 2007
FILE NO/S APPL 130 OF 2006
CITATION NO. 2007 WAIRC 00026

Result Varied


Order
HAVING heard Ms E Palmer on behalf of the applicant and there being no appearance on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act, 1979, hereby orders:

THAT the Brushmakers’ Award No 30 of 1959 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 19 January 2007.





COMMISSIONER J L HARRISON



SCHEDULE

1. Clause 7. – Meal Money:

A. Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) An employee required to work overtime for more than two hours, without being notified on the previous day or earlier that he/she will be so required to work, shall be supplied with a meal by the employer or be paid $9.40.

B. Delete subclause (2) of this clause and insert the following in lieu thereof:

(2) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he has notified the employees concerned on the previous day or earlier that such second or subsequent meal will also be required, provide such meals or pay an amount of $9.40 for each such second or subsequent meal.


2. Clause 9. – Leading Hands: Delete this clause and insert the following in lieu thereof:

An employee appointed by the employer as a leading hand shall be paid in addition to the prescribed rates:



Per Week


$
(1)
When placed in charge of not less than two nor more than four other employees
27.15



(2)
When placed in charge of five or more other employees
33.65


And further the Commission records the following basis for the variations:

1. The agreed Key Minimum Classification in this Award is Woodworking Machinist.

2. For Work Related Allowances – the percentage increase in:

· Clause 9. – Leading Hands

is 3.41% derived from $17 divided by $499.10 (2005) and 3.88% is derived from $20 divided by $516.10 (2006) as prescribed by Principle 5. Adjustment of Allowances and Service Increments of the State Wage Case.

“allowances which relate to work or conditions which have not changed and service increments may be adjusted as a result of the arbitrated safety net increase . . . the method of adjustment shall be that such allowances and service increments should be increased by a percentage derived as follows: divide the monetary safety net increase by the rate for the key classification in the relevant award immediately prior to the application of the safety net increase to the award rate and multiply by 100.”

3. For Expense Related Allowances:

· Clause 7. - Overtime has been varied for the CPI Take Away Food for the period December 2004 to June 2006 giving the percentage of 6.19%.

Calculations are therefore:

June 2006 171.5 X 100 = 6.19%
December 2004 161.5 1

CPI Meals Out and Take Away Foods - Perth

For all allowances (except Fares and Travelling) previous rates are identified in Column A of the spreadsheet. Column B identifies the new actual rate having applied the increase. Column C the new rate identified in Column B rounded where appropriate.

The Union uses Catalogue: 6455.0.40.001

WORK RELATED ALLOWANCES

KEY MINIMUM CLASSIFICATION – WOODWORKING MACHINIST

Clause
A
B
C

Clause 9. Leading Hands

$25.30
$31.35

$27.16
$33.66

$27.15
$33.65

EXPENSE RELATED ALLOWANCES

CPI Take Away Food – Perth

Clause
A
B
C

Clause 7. – Meal Money


$8.85
$8.85

$9.39
$9.39

$9.40
$9.40