Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Alsco Linen Service Pty Ltd, SSL Ensign Services (Aust) Pty Ltd, The Fremantle Steam Laundry Co Pty Ltd
Document Type: Order
Matter Number: APPL 102/2006
Matter Description: Laundry Workers' Award, 1981
Industry: Laundry
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S Wood
Delivery Date: 14 Feb 2007
Result: Award varied
Citation: 2007 WAIRC 00108
WAIG Reference: 87 WAIG 211
LAUNDRY WORKERS' AWARD, 1981
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
ALSCO LINEN SERVICE PTY LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE WEDNESDAY, 14 FEBRUARY 2007
FILE NO APPL 102 OF 2006
CITATION NO. 2007 WAIRC 00108
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 Laundry Workers’ Award 1981 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 20. – Meal Money: Delete this clause and insert the following in lieu thereof:
20. - MEAL MONEY
(1) An employee required to work overtime for more than two hours without being notified on the previous day or earlier, that he/she will be so required to work, shall be supplied with a meal by the employer or paid $8.85 for a meal.
(2) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he/she has notified the employee concerned on the previous day or earlier that such second or subsequent meal will also be required, provide such meals or pay an amount of $8.85 for each second or subsequent meal. No such payments need be made to employees living in the same locality as their workshops who can reasonably return home for such meals.
(3) If an employee in consequence of receiving such notice has provided him/herself with a meal or meals and is not required to work overtime or is required to work less overtime than notified, he/she shall be paid the amount above prescribed in respect of the meals not then required.
2. Clause 22. – Allowances:
(A) Delete Subclause (1) of this clause and insert the following in lieu thereof:
(1) Where an employee is required to sort foul linen an extra allowance of 41 cents per hour will be paid whilst so employed on this type of work.
(B) Delete Subclause (2)(c) of this clause and insert the following in lieu thereof:
(2) (c) 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 Laundry Employee Grade 4.
2. The Work Related Allowances – the percentage increase in:
· Clause 22. - Allowances
is derived from $17 divided by $538.35 equals 3.16% (2005) and $20 divided by $555.35 equals 3.60% (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 20. – Meal Money has been varied for the CPI 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 8.50%.
June 2006 157.0 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 attached 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 – LAUNDRY EMPLOYEE GRADE 4
Clause
A
B
C
Clause 22. Allowances
$0.39
$0.41
EXPENSE RELATED ALLOWANCES
Clause
A
B
C
Clause 20. – Meal Money (1)
$8.35
$8.87
$8.85
(2)
$8.35
$8.87
$8.85
LAUNDRY WORKERS' AWARD, 1981
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch
APPLICANT
-v-
Alsco Linen Service Pty Ltd and Others
RESPONDENTS
CORAM Commissioner S Wood
DATE WEDNESDAY, 14 FEBRUARY 2007
FILE NO APPL 102 OF 2006
CITATION NO. 2007 WAIRC 00108
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 Laundry Workers’ Award 1981 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 20. – Meal Money: Delete this clause and insert the following in lieu thereof:
20. - MEAL MONEY
(1) An employee required to work overtime for more than two hours without being notified on the previous day or earlier, that he/she will be so required to work, shall be supplied with a meal by the employer or paid $8.85 for a meal.
(2) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he/she has notified the employee concerned on the previous day or earlier that such second or subsequent meal will also be required, provide such meals or pay an amount of $8.85 for each second or subsequent meal. No such payments need be made to employees living in the same locality as their workshops who can reasonably return home for such meals.
(3) If an employee in consequence of receiving such notice has provided him/herself with a meal or meals and is not required to work overtime or is required to work less overtime than notified, he/she shall be paid the amount above prescribed in respect of the meals not then required.
2. Clause 22. – Allowances:
(A) Delete Subclause (1) of this clause and insert the following in lieu thereof:
(1) Where an employee is required to sort foul linen an extra allowance of 41 cents per hour will be paid whilst so employed on this type of work.
(B) Delete Subclause (2)(c) of this clause and insert the following in lieu thereof:
(2) (c) 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 Laundry Employee Grade 4.
2. The Work Related Allowances – the percentage increase in:
- Clause 22. - Allowances
is derived from $17 divided by $538.35 equals 3.16% (2005) and $20 divided by $555.35 equals 3.60% (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 20. – Meal Money has been varied for the CPI 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 8.50%.
June 2006 157.0 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 attached 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 – LAUNDRY EMPLOYEE GRADE 4
Clause |
A |
B |
C |
Clause 22. Allowances |
$0.39 |
$0.41 |
|
EXPENSE RELATED ALLOWANCES
Clause |
A |
B |
C |
Clause 20. – Meal Money (1) |
$8.35 |
$8.87 |
$8.85 |
(2) |
$8.35 |
$8.87 |
$8.85 |