Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Activ Foundation Incorporated
Document Type: Order
Matter Number: APPL 112/2006
Matter Description: Social Trainers and Assistant Supervisors' (Activ Foundation) Award
Industry: Health Services
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner P E Scott
Delivery Date: 6 Feb 2007
Result: Award Varied
Citation: 2007 WAIRC 00079
WAIG Reference: 87 WAIG 222
SOCIAL TRAINERS AND ASSISTANT SUPERVISORS' (ACTIV FOUNDATION) AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
ACTIV FOUNDATION INCORPORATED
RESPONDENT
CORAM COMMISSIONER P E SCOTT
DATE TUESDAY, 6 FEBRUARY 2007
FILE NO APPL 112 OF 2006
CITATION NO. 2007 WAIRC 00079
Result Award Varied
Order
HAVING heard Ms E Palmer on behalf of the Liquor, Hospitality and Miscellaneous Union, Western Australian Branch 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 Social Trainers and Assistant Supervisors’ (Activ Foundation) Award (No. A 15 of 1984) 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 5th day of February 2007.
COMMISSIONER P E SCOTT
SCHEDULE
1. Clause 9. – General Conditions: Delete subclause (2) of this clause and insert the following in lieu thereof:
(2) (a) An allowance of 46 cents per hour or part thereof shall be paid to employees who are placed in charge of a unit during the off shift period of the Senior Social Trainer.
(b) An allowance of $1.12 cents per hour or part thereof shall be paid to employees who are placed in charge of a unit of 25 and under bed capacity during the off shift period of the Hostel Manager.
(c) An allowance of $1.39 per hour or part thereof shall be paid to employees who are placed in charge of a unit of 26 and over bed capacity during the off shift period of the Hostel Manager.
2. Clause 18. – Travelling, Transfers and Relieving Duty – Rates of Allowance: Delete this clause and insert the following in lieu thereof:
Column A
Daily Rate
Column B
Daily Rate
Married Employee
Relieving Allowance for Period in Excess of 35 days (Clause 17 (3)(b)) Transfer Allowance for Period in Excess of Prescribed Period (Clause 16 (3))
Column C
Daily Rate
Single Employee
Relieving Allowance for Period in Excess of 35 days (Clause 17 (3)(b))
Item
Particulars
$
$
$
Allowance to meet incidental expenses
1.
W.A. - South of 26 ° South Latitude
11.75
2.
W.A. - North of 26 ° South Latitude
15.40
3.
Interstate
15.40
Accommodation involving an overnight stay at a Hotel or Motel
4.
W.A. - Metropolitan
Hotel or Motel
210.05
105.00
70.00
5.
Locality South of 26 °South Latitude
168.60
84.30
56.20
6.
Locality North of 26 ° South Latitude:
Broome
284.40
142.20
94.80
Carnarvon
222.30
111.15
74.10
Dampier
209.15
104.55
69.70
Derby
188.40
94.20
62.80
Exmouth
215.90
107.95
71.95
Fitzroy Crossing
314.90
157.45
104.95
Gascoyne Junction
128.90
64.45
42.95
Halls Creek
265.40
132.70
88.45
Karratha
364.65
182.30
121.55
Kununurra
266.80
133.40
88.95
Marble Bar
179.40
89.70
59.80
Newman
254.65
127.35
84.90
Nullagine
189.75
94.90
63.25
Onslow
207.20
103.60
69.05
Pannawonica
177.15
88.60
59.05
Paraburdoo
238.40
119.20
79.45
Port Hedland
239.70
119.85
79.90
Roebourne
132.90
66.45
44.30
Sandfire
160.40
80.20
53.45
Shark Bay
175.90
87.95
58.65
Tom Price
219.40
109.70
73.15
Turkey Creek
175.90
87.95
58.65
Wickham
323.90
161.95
107.95
Wyndham
158.90
79.45
52.95
7.
Interstate - Capital City
Sydney
255.65
127.85
85.20
Melbourne
245.65
122.85
81.90
Other Capitals
213.15
106.60
71.00
8.
Interstate - Other than Capital City
168.60
84.30
56.20
Accommodation involving an over- night stay at other than a Hotel or Motel
9.
W.A. - South of 26 ° South Latitude
79.40
10.
W.A. - North of 26 ° South Latitude
97.70
11.
Interstate
97.70
Travel not involving an overnight stay
12.
W.A. - South of 26 ° South Latitude:
Breakfast
14.15
Lunch
14.15
Evening Meal
39.40
13.
W.A. - North of 26 ° South Latitude:
Breakfast ...........
15.75
Lunch ...............
27.70
Evening Meal ........
38.90
Deduction for normal living expenses
14.
Interstate
Breakfast ...........
15.75
Lunch ...............
27.70
Evening Meal ........
38.90
Deduction for normal living expenses
15.
Each adult
22.75
16.
Each child
3.90
Midday Meal (Clause 15(10))
17.
Rate per meal
5.50
18.
Maximum reimbursement per pay period
27.50
The rates prescribed in this clause shall be increased in accordance with movements in the Government Officers Salaries, Allowances & Conditions Award 1989.
3. Clause 19. – Removal Allowance:
A. Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) When a married employee is transferred in the employer's interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the employee has no control, the employee shall be reimbursed:
(a) The actual reasonable cost of conveyance of the employee and the employee’s spouse and children under 16 years of age or other children wholly dependent upon him.
(b) The actual reasonable cost up to an amount of $1655.10 for conveyance of the employee’s furniture, including insurance of such furniture whilst in transit unless a higher sum is approved by the employer in any special case: Provided that only necessary household furniture, effects and appliances shall be taken into account.
(c) An allowance of $525.00 for accelerated depreciation and extra wear and tear on furniture, effects and appliances: Provided that the employer is satisfied that the value of household furniture, effects and appliances moved by the employer is at least $3143.00.
In the case of a single employee, an application for any reimbursement under this clause shall be considered by the employer.
B. Delete subclause (6) of this clause and insert the following in lieu thereof:
(6) Where an employee is transferred to accommodation owned by the employer where furniture is provided and as a consequence is obliged to store the employee’s own furniture, the employee shall be reimbursed the actual cost of such storage up to a maximum allowance of $975.00 per annum. An allowance under this subclause shall not be paid for a period in excess of one year without the approval of the employer.
4. Clause 21. – Shift Work: Delete subclause (1)(a) of this clause and insert the following in lieu thereof:
(1) (a) The loading on the ordinary rates of pay for an afternoon or night shift shall be $1.94 per hour or part thereof.
SOCIAL TRAINERS AND ASSISTANT SUPERVISORS' (ACTIV FOUNDATION) AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch
APPLICANT
-v-
Activ Foundation Incorporated
RESPONDENT
CORAM Commissioner P E Scott
DATE TUESDAy, 6 FEBRUARY 2007
FILE NO APPL 112 OF 2006
CITATION NO. 2007 WAIRC 00079
Result Award Varied
Order
HAVING heard Ms E Palmer on behalf of the Liquor, Hospitality and Miscellaneous Union, Western Australian Branch 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 Social Trainers and Assistant Supervisors’ (Activ Foundation) Award (No. A 15 of 1984) 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 5th day of February 2007.
Commissioner P E Scott
SCHEDULE
1. Clause 9. – General Conditions: Delete subclause (2) of this clause and insert the following in lieu thereof:
(2) (a) An allowance of 46 cents per hour or part thereof shall be paid to employees who are placed in charge of a unit during the off shift period of the Senior Social Trainer.
(b) An allowance of $1.12 cents per hour or part thereof shall be paid to employees who are placed in charge of a unit of 25 and under bed capacity during the off shift period of the Hostel Manager.
(c) An allowance of $1.39 per hour or part thereof shall be paid to employees who are placed in charge of a unit of 26 and over bed capacity during the off shift period of the Hostel Manager.
2. Clause 18. – Travelling, Transfers and Relieving Duty – Rates of Allowance: Delete this clause and insert the following in lieu thereof:
|
|
Column A Daily Rate |
Column B Daily Rate Married Employee Relieving Allowance for Period in Excess of 35 days (Clause 17 (3)(b)) Transfer Allowance for Period in Excess of Prescribed Period (Clause 16 (3)) |
Column C Daily Rate Single Employee Relieving Allowance for Period in Excess of 35 days (Clause 17 (3)(b)) |
|
|
|
|
|
Item |
Particulars |
$ |
$ |
$ |
|
|
|
|
|
Allowance to meet incidental expenses |
||||
|
|
|
|
|
1. |
W.A. - South of 26 ° South Latitude |
11.75 |
|
|
|
|
|
|
|
2. |
W.A. - North of 26 ° South Latitude |
15.40 |
|
|
|
|
|
|
|
3. |
Interstate |
15.40 |
|
|
|
|
|
|
|
Accommodation involving an overnight stay at a Hotel or Motel |
||||
|
|
|
|
|
4. |
W.A. - Metropolitan |
|
|
|
|
Hotel or Motel |
210.05 |
105.00 |
70.00 |
|
|
|
|
|
5. |
Locality South of 26 °South Latitude |
168.60 |
84.30 |
56.20 |
|
|
|
|
|
6. |
Locality North of 26 ° South Latitude: |
|
|
|
|
|
|
|
|
|
Broome |
284.40 |
142.20 |
94.80 |
|
Carnarvon |
222.30 |
111.15 |
74.10 |
|
Dampier |
209.15 |
104.55 |
69.70 |
|
Derby |
188.40 |
94.20 |
62.80 |
|
Exmouth |
215.90 |
107.95 |
71.95 |
|
Fitzroy Crossing |
314.90 |
157.45 |
104.95 |
|
Gascoyne Junction |
128.90 |
64.45 |
42.95 |
|
Halls Creek |
265.40 |
132.70 |
88.45 |
|
Karratha |
364.65 |
182.30 |
121.55 |
|
Kununurra |
266.80 |
133.40 |
88.95 |
|
Marble Bar |
179.40 |
89.70 |
59.80 |
|
Newman |
254.65 |
127.35 |
84.90 |
|
Nullagine |
189.75 |
94.90 |
63.25 |
|
Onslow |
207.20 |
103.60 |
69.05 |
|
Pannawonica |
177.15 |
88.60 |
59.05 |
|
Paraburdoo |
238.40 |
119.20 |
79.45 |
|
Port Hedland |
239.70 |
119.85 |
79.90 |
|
Roebourne |
132.90 |
66.45 |
44.30 |
|
Sandfire |
160.40 |
80.20 |
53.45 |
|
Shark Bay |
175.90 |
87.95 |
58.65 |
|
Tom Price |
219.40 |
109.70 |
73.15 |
|
Turkey Creek |
175.90 |
87.95 |
58.65 |
|
Wickham |
323.90 |
161.95 |
107.95 |
|
Wyndham |
158.90 |
79.45 |
52.95 |
|
|
|
|
|
7. |
Interstate - Capital City |
|
|
|
|
|
|
|
|
|
Sydney |
255.65 |
127.85 |
85.20 |
|
Melbourne |
245.65 |
122.85 |
81.90 |
|
Other Capitals |
213.15 |
106.60 |
71.00 |
|
|
|
|
|
8. |
Interstate - Other than Capital City |
168.60 |
84.30 |
56.20 |
|
|
|
|
|
Accommodation involving an over- night stay at other than a Hotel or Motel |
||||
|
|
|
|
|
9. |
W.A. - South of 26 ° South Latitude |
79.40 |
|
|
|
|
|
|
|
10. |
W.A. - North of 26 ° South Latitude |
97.70 |
|
|
|
|
|
|
|
11. |
Interstate |
97.70 |
|
|
|
|
|
|
|
Travel not involving an overnight stay |
||||
|
|
|
|
|
12. |
W.A. - South of 26 ° South Latitude: |
|
|
|
|
|
|
|
|
|
Breakfast |
14.15 |
|
|
|
Lunch |
14.15 |
|
|
|
Evening Meal |
39.40 |
|
|
|
|
|
|
|
13. |
W.A. - North of 26 ° South Latitude: |
|
|
|
|
|
|
|
|
|
Breakfast ........... |
15.75 |
|
|
|
Lunch ............... |
27.70 |
|
|
|
Evening Meal ........ |
38.90 |
|
|
|
|
|
|
|
Deduction for normal living expenses |
||||
|
|
|
|
|
14. |
Interstate |
|
|
|
|
|
|
|
|
|
Breakfast ........... |
15.75 |
|
|
|
Lunch ............... |
27.70 |
|
|
|
Evening Meal ........ |
38.90 |
|
|
|
|
|
|
|
Deduction for normal living expenses |
||||
|
|
|
|
|
15. |
Each adult |
22.75 |
|
|
|
|
|
|
|
16. |
Each child |
3.90 |
|
|
|
|
|
|
|
Midday Meal (Clause 15(10)) |
||||
|
|
|
|
|
17. |
Rate per meal |
5.50 |
|
|
|
|
|
|
|
18. |
Maximum reimbursement per pay period |
27.50 |
|
|
The rates prescribed in this clause shall be increased in accordance with movements in the Government Officers Salaries, Allowances & Conditions Award 1989.
3. Clause 19. – Removal Allowance:
A. Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) When a married employee is transferred in the employer's interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the employee has no control, the employee shall be reimbursed:
(a) The actual reasonable cost of conveyance of the employee and the employee’s spouse and children under 16 years of age or other children wholly dependent upon him.
(b) The actual reasonable cost up to an amount of $1655.10 for conveyance of the employee’s furniture, including insurance of such furniture whilst in transit unless a higher sum is approved by the employer in any special case: Provided that only necessary household furniture, effects and appliances shall be taken into account.
(c) An allowance of $525.00 for accelerated depreciation and extra wear and tear on furniture, effects and appliances: Provided that the employer is satisfied that the value of household furniture, effects and appliances moved by the employer is at least $3143.00.
In the case of a single employee, an application for any reimbursement under this clause shall be considered by the employer.
B. Delete subclause (6) of this clause and insert the following in lieu thereof:
(6) Where an employee is transferred to accommodation owned by the employer where furniture is provided and as a consequence is obliged to store the employee’s own furniture, the employee shall be reimbursed the actual cost of such storage up to a maximum allowance of $975.00 per annum. An allowance under this subclause shall not be paid for a period in excess of one year without the approval of the employer.
4. Clause 21. – Shift Work: Delete subclause (1)(a) of this clause and insert the following in lieu thereof:
(1) (a) The loading on the ordinary rates of pay for an afternoon or night shift shall be $1.94 per hour or part thereof.