2007 WAIRC 00104
CLEANERS AND CARETAKERS (CAR AND CARAVAN PARKS) AWARD 1975
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
KINGS PARKING CO (WA) PTY LTD AND OTHERS
RESPONDENT
CORAM COMMISSIONER J L HARRISON
DATE WEDNESDAY, 14 FEBRUARY 2007
FILE NO/S APPL 155 OF 2006
CITATION NO. 2007 WAIRC 00104

Result Varied


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

THAT the Cleaners and Caretakers (Car and Caravan Parks) Award 1975 (No 5 of 1975) 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 14 February 2007.





COMMISSIONER J L HARRISON



SCHEDULE


1. Clause 10. – Overtime: Delete subclause (4)(a) of this clause and insert the following in lieu thereof:

(4) (a) Subject to the provisions of paragraph (b) of this subclause an employee, required to work overtime for more than two hours, shall be supplied with a meal by the employer or be paid $8.25 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required he/she shall be supplied with such meal by the employer or paid $5.65 for each meal so required.


2. Clause 12. – Fares and Travelling Time: Delete subclause (2)(b) of this clause and insert the following in lieu thereof:

(b) Where an employee in the course of a journey travels through two or more of the separate areas, payment at the rates prescribed herein shall be made at the appropriate rate applicable to each of the separate areas traversed.

Rates of hire for use of employee's own vehicle on employer's business:

Schedule 1 - Motor Vehicle Allowances

Area and Details
Engine Displacement (in cubic centimetres)

Over 2600cc
Over 1600cc -2600cc
1600cc & Under





Rate per kilometre (Cents)




Metropolitan Area
81.7
71.1
62.8




South West Land Division
84.0
72.9
64.8




North of 23.5° South Latitude
92.1
80.3
71.6




Rest of the State
86.7
75.3
66.8

Schedule 2 - Motor Cycle Allowances

Distance Travelled During a Year on Official Business
Rate

¢/km


All areas of the State
28.2


Motor vehicles with rotary engines are to be included in the 1600-2600cc category.


3. Clause 13. – Special Rates and Provisions:

A. Delete subclause (9)(a) of this clause and insert the following in lieu thereof:

(a) Where it is necessary to go wholly outside a building to clean windows, an employee shall, if such cleaning be 15.5 metres or more from the nearest horizontal plane, be paid an allowance of $2.55 per day.

B. Delete subclause (10) of this clause and insert the following in lieu thereof:

(10) Where an employee is required to carry out the ordinary hours of duty per day in more than one shift and where the break is not less than three hours an allowance of $2.85 per day shall be paid.

C. Delete subclause (13) of this clause and insert the following in lieu thereof:

(13) Cash Handling Allowance:

An employee who is required by the employer to collect money from the customers of that employer shall be paid an allowance of $6.85 per week.

D. Delete subclause (14) of this clause and insert the following in lieu thereof:

(14) All employees called upon to clean closets connected with septic tanks and sewerage shall receive an allowance as follows:



Per Week


$
(a)
five closets or greater but less than ten closets per day
4.05



(b)
ten closets or greater but less than 30 closets per day
11.95



(c)
30 closets or greater but less than 50 closets per day
23.70



(d)
50 closets or greater per day
29.80

For the purpose of this clause, one metre of urinal shall count as one closet and three urinal stalls shall count as one closet.


4. Clause 24. – Wages: Delete subclause (4) of this clause and insert the following in lieu thereof:

(4) Leading Hands: Any employee in charge of other employees shall be paid in addition to the appropriate wage prescribed, the following:



Per Week


$
(a)
if placed in charge of not less than three and not more than six other employees
12.95



(b)
if placed in charge of more than six and not more than ten other employees
23.05



(c)
if placed in charge of more than 10 and not more than 15 other employees
28.75



(d)
if placed in charge of more than 15 and not more than 20 other employees
34.95



(e)
if placed in charge of more than 20 other employees
44.85


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

1. The agreed Key Minimum Classification in this Award is Caretaker.

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

· Clause 13. – Special Rates and Provisions
· Clause 24. - Wages

is derived from $17 divided by $499.20 equals 3.4% (2005) and $20 divided by $516.20 equals 3.87% (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 10. – Overtime has been varied for the CPI Meals Out and Take Away Foods Perth for the period December 2004 to June 2006 giving the percentage of 6.19%.

(June 2006)
171.5
x
100
=
6.19%
(December 2004)
161.5

1



CPI Meals out and Take Away Foods – Perth

· Clause 12. – Fares and Travelling Time has been varied for the CPI private Motoring – Perth for the period December 2004 to June 2006 giving the percentage 8.50%.

(June 2006)
157
x
100
=
8.50%
(December 2004)
144.7

1



CPI Private Motoring – Perth

Catalogue No. 6455.0.40.001

For all allowances previous rates are identified in Column A of the below 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 – CARETAKER

Clause
A
B
C
Clause 13. – Special Rates and Provisions



(9)(a)
$2.35
$2.54
$2.55
(10)
$2.65
$2.86
$2.85
(13)
$6.40
$6.86
$6.85
(14)(a)
$3.75
$4.05
$4.05
(b)
$11.10
$11.95
$11.95
(c)
$22.05
$23.68
$23.70
(d)
$27.75
$29.81
$29.80




Clause 24. – Wages



(4)(a)
$12.05
$12.93
$12.95
(b)
$21.45
$23.06
$23.05
(c)
$26.80
$28.77
$28.75
(d)
$32.55
$34.95
$34.95
(e)
$41.80
$44.87
$44.85

EXPENSE RELATED ALLOWANCES

Clause
A
B
C
Clause 10. – Overtime



(4)(a)
$7.75
$8.23
$8.25

$5.30
$5.63
$5.65

CPI Meals Out and Takeaway – Perth