Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Valiant Dry Cleaners, North Star Steam Laundry and Dry Cleaners, Eric Drycleaners

Document Type: Order

Matter Number: APPL 103/2006

Matter Description: Dry Cleaning and Laundry Award 1979

Industry: Laundry

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner S Wood

Delivery Date: 14 Feb 2007

Result: Award varied

Citation: 2007 WAIRC 00107

WAIG Reference: 87 WAIG 201

DOC | 73kB
2007 WAIRC 00107
DRY CLEANING AND LAUNDRY AWARD 1979
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
ERIC DRYCLEANERS AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE WEDNESDAY, 14 FEBRUARY 2007
FILE NO APPL 103 OF 2006
CITATION NO. 2007 WAIRC 00107

Result Award varied
Representation


APPLICANT MS E PALMER ON BEHALF OF THE APPLICANT

RESPONDENTS NO APPEARANCE


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 on it under the Industrial Relations Act, 1979, hereby orders:

THAT the Dry Cleaning and Laundry Award 1979 as varied, be further 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 date of this order.


COMMISSIONER S WOOD


SCHEDULE


1. Clause 11. – Meal Money: Delete Subclause (1) of this clause and insert the following in lieu thereof:

(1) An employee required to work overtime for more than one hour after the usual ceasing time or beyond 6.30pm (whichever is the later) on any day, Monday to Friday inclusive, shall either be supplied with an adequate recognised evening meal by the employer from an established canteen on the premises or paid $4.95 in lieu thereof.


2. Clause 30. – Wages: Delete Subclause (2)(a)(iv) of this clause and insert the following in lieu thereof:

(iv) Junior employed in a Receiving Depot: Notwithstanding anything hereinbefore contained any junior working alone and responsible for cash transactions and/or in charge of depot shall be paid not less than the rate prescribed for a junior '19 years and under 20 years' plus an amount of $6.32 per week.


3. Clause 20. – Travelling Time and Motor Vehicle Allowance: Delete Subclause (2)(c) of this clause and insert the following in lieu thereof:

(c) A year for the purpose of this clause shall commence on the 1st day of July and end on the 30th day of June next following.

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

Schedule 1 - Motor Vehicle Allowance

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
72.9
64.8
North of 23.5o South Latitude
92.1
80.3
71.6
Rest of the State
86.7
75.3
66.8

Schedule 2 - Motor Cycle Allowance

Distance Travelled During a Year on Official Business
Rate ¢/km
Rate per kilometre
28.2

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


And further, with the consent of the parties, the Commission records the following basis for variations:

1. The agreed Key Minimum Classification in this Award is Trade Person Dry Cleaner.

2. The Work Related Allowances - the percentage increase in:

· Clause 30. – Wages

is derived from $17 divided by $561.20 = 3.03% (2005) and $20 divided by $578.20 = 3.46% (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 11. – Meal Money has been varied for the CPI 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 20. – Travelling Time and Motor Vehicle Allowance has been varied for the CPI Private Motoring - Perth for the period December 2004 to June 2006 giving the percentage of 8.5%.

June 2006 157.0 X 100 = 8.5%
December 2004 144.7 1

CPI Private Motoring – Perth

The Union uses Catalogue No. 6455.0.40.001

WORK RELATED ALLOWANCES

KEY MINIMUM CLASSIFICATION – TRADE PERSON DRY CLEANER

Clause
A
B
C
Clause 30. – Wages
$5.93
$6.32






EXPENSE RELATED ALLOWANCES

CPI Meals Out and Take Away Foods

Clause
A
B
C

Clause 11. – Meal Money
$4.65
$4.94
$4.95





N.B. 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.
Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Valiant Dry Cleaners, North Star Steam Laundry and Dry Cleaners, Eric Drycleaners

DRY CLEANING AND LAUNDRY AWARD 1979

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch

APPLICANT

-v-

Eric Drycleaners and Others

RESPONDENTS

CORAM Commissioner S Wood

DATE WEDNESDAY, 14 FEBRUARY 2007

FILE NO APPL 103 OF 2006

CITATION NO. 2007 WAIRC 00107

 

Result Award varied

Representation

 


Applicant Ms E Palmer on behalf of the applicant

 

Respondents No appearance

 

 

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 on it under the Industrial Relations Act, 1979, hereby orders:

 

THAT the Dry Cleaning and Laundry Award 1979 as varied, be further 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 date of this order.

 

 

Commissioner S Wood

 


SCHEDULE

 

 

1. Clause 11. – Meal Money: Delete Subclause (1) of this clause and insert the following in lieu thereof:

 

(1) An employee required to work overtime for more than one hour after the usual ceasing time or beyond 6.30pm (whichever is the later) on any day, Monday to Friday inclusive, shall either be supplied with an adequate recognised evening meal by the employer from an established canteen on the premises or paid $4.95 in lieu thereof.

 

 

2. Clause 30. – Wages: Delete Subclause (2)(a)(iv) of this clause and insert the following in lieu thereof:

 

(iv) Junior employed in a Receiving Depot: Notwithstanding anything hereinbefore contained any junior working alone and responsible for cash transactions and/or in charge of depot shall be paid not less than the rate prescribed for a junior '19 years and under 20 years' plus an amount of $6.32 per week.

 

 

3. Clause 20. – Travelling Time and Motor Vehicle Allowance: Delete Subclause (2)(c) of this clause and insert the following in lieu thereof:

 

(c) A year for the purpose of this clause shall commence on the 1st day of July and end on the 30th day of June next following.

 

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

 

Schedule 1 - Motor Vehicle Allowance

 

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

72.9

64.8

North of 23.5o South Latitude

92.1

80.3

71.6

Rest of the State

86.7

75.3

66.8

 

Schedule 2 - Motor Cycle Allowance

 

Distance Travelled During a Year on Official Business

Rate ¢/km

Rate per kilometre

28.2

 

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

 

 

And further, with the consent of the parties, the Commission records the following basis for variations:

 

1. The agreed Key Minimum Classification in this Award is Trade Person Dry Cleaner.

 

2. The Work Related Allowances - the percentage increase in:

 

  • Clause 30. – Wages

 

is derived from $17 divided by $561.20 = 3.03% (2005) and $20 divided by $578.20 = 3.46% (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 11. – Meal Money has been varied for the CPI 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 20. – Travelling Time and Motor Vehicle Allowance has been varied for the CPI Private Motoring -  Perth for the period December 2004 to June 2006 giving the percentage of 8.5%.

 

June 2006    157.0   X 100    = 8.5%

December 2004   144.7     1

 

CPI Private Motoring – Perth

 

 The Union uses Catalogue No. 6455.0.40.001

 

WORK RELATED ALLOWANCES

 

KEY MINIMUM CLASSIFICATION – TRADE PERSON DRY CLEANER

 

Clause

A
B
C

Clause 30. – Wages 

$5.93

$6.32

 

 

 

 

 

 

EXPENSE RELATED ALLOWANCES

 

CPI Meals Out and Take Away Foods

 

Clause

A
B
C

 

Clause 11. – Meal Money  

$4.65

$4.94

$4.95

 

 

 

 

 

N.B. 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.