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
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.
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.