Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- WA Rope & Twice Company Pty Ltd
Document Type: Order
Matter Number: APPL 137/2006
Matter Description: Rope and Twine Workers' Award No. 11 of 1963
Industry: Other Manufacturing
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner J L Harrison
Delivery Date: 22 Jan 2007
Result: Varied
Citation: 2007 WAIRC 00027
WAIG Reference: 87 WAIG 216
ROPE AND TWINE WORKERS' AWARD NO. 11 OF 1963
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
WA ROPE & TWICE COMPANY PTY LTD
RESPONDENT
CORAM COMMISSIONER J L HARRISON
DATE MONDAY, 22 JANUARY 2007
FILE NO/S APPL 137 OF 2006
CITATION NO. 2007 WAIRC 00027
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 Rope and Twine Workers’ Award (No 11 of 1963) 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 17. – Meal Money: Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) Subject to the provisions of subclause (2) of this clause an employee, required to work overtime for more than two hours, shall be supplied with a meal by the employer or be paid $8.45 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with such meal by the employer or paid $5.80 for each meal so required.
2. Clause 20. – Leading Hands: Delete this clause and insert the following in lieu thereof:
Any employee placed by the employer in charge of three or more other employees shall be paid $23.83 per week in addition to the weekly rates prescribed by this award.
3. Clause 24. – Dirt Money: Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) 47¢ per hour extra shall be paid to employees when engaged in work of an unusually dirty nature where clothes are necessarily unduly soiled or injured or boots are injured by the nature of the work done.
And further the Commission records the following basis for the variations:
1. The agreed Key Minimum Classification in this Award is Adult Employees – Rope Layer on heavy strand machine.
2. For Work Related Allowances – the percentage increase in:
· Clause 20. – Leading Hands
· Clause 24. – Dirt Money
is derived from $17 divided by $455.70 equals 3.73% and $20 divided by $472.70 equals 4.23% (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 17. – Meal Money 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
Catalogue: 6455.0.40.001
For all allowances 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.
WORK RELATED ALLOWANCES
KEY MINIMUM CLASSIFICATION – ROPE LAYER ON HEAVY STRANG MACHINE
Clause
A
B
C
Clause 20. – Leading Hands
$22.04
$23.83
Clause 24. – Dirt Money
$0.43
$0.47
EXPENSE RELATED ALLOWANCES
CPI Take Away Food – Perth
Clause
A
B
C
Clause 17. – Meal Money (1)
$7.95
$5.45
$8.44
$5.79
$8.45
$5.80
ROPE AND TWINE WORKERS' AWARD NO. 11 OF 1963
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch
APPLICANT
-v-
WA Rope & Twice Company Pty Ltd
RESPONDENT
CORAM Commissioner J L Harrison
DATE MONday, 22 January 2007
FILE NO/S APPL 137 OF 2006
CITATION NO. 2007 WAIRC 00027
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 Rope and Twine Workers’ Award (No 11 of 1963) 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 17. – Meal Money: Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) Subject to the provisions of subclause (2) of this clause an employee, required to work overtime for more than two hours, shall be supplied with a meal by the employer or be paid $8.45 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with such meal by the employer or paid $5.80 for each meal so required.
2. Clause 20. – Leading Hands: Delete this clause and insert the following in lieu thereof:
Any employee placed by the employer in charge of three or more other employees shall be paid $23.83 per week in addition to the weekly rates prescribed by this award.
3. Clause 24. – Dirt Money: Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) 47¢ per hour extra shall be paid to employees when engaged in work of an unusually dirty nature where clothes are necessarily unduly soiled or injured or boots are injured by the nature of the work done.
And further the Commission records the following basis for the variations:
1. The agreed Key Minimum Classification in this Award is Adult Employees – Rope Layer on heavy strand machine.
2. For Work Related Allowances – the percentage increase in:
- Clause 20. – Leading Hands
- Clause 24. – Dirt Money
is derived from $17 divided by $455.70 equals 3.73% and $20 divided by $472.70 equals 4.23% (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 17. – Meal Money 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
Catalogue: 6455.0.40.001
For all allowances 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.
WORK RELATED ALLOWANCES
KEY MINIMUM CLASSIFICATION – ROPE LAYER ON HEAVY STRANG MACHINE
Clause |
A |
B |
C |
Clause 20. – Leading Hands |
$22.04 |
$23.83 |
|
Clause 24. – Dirt Money |
$0.43 |
$0.47 |
|
EXPENSE RELATED ALLOWANCES
CPI Take Away Food – Perth
Clause |
A |
B |
C |
Clause 17. – Meal Money (1)
|
$7.95 $5.45 |
$8.44 $5.79 |
$8.45 $5.80 |