2007 WAIRC 00109
CONTRACT CLEANERS' (MINISTRY OF EDUCATION) AWARD, 1990
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
MASTERCARE PROPERTY SERVICES AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE WEDNESDAY, 14 FEBRUARY 2007
FILE NO APPL 101 OF 2006
CITATION NO. 2007 WAIRC 00109

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 Contract Cleaners’ (Ministry of Education) Award, 1990 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 8. – Overtime: Delete Subclause (3)(a) of this clause and insert the following in lieu thereof:

(3) (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 $9.75 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with such meal by the employer or paid $6.60 for each meal so required.


2. Clause 10. – Fares and Travelling Time: Delete Subclause (2)(c) of this clause and insert the following in lieu thereof:

(2) (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 Allowances

Area 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
71.5




Rest of the State
86.7
75.3
66.8

Schedule 2 - Motor Cycle Allowances

Distance travelled during ayear 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.


3. Clause 11. – Special Rates and Provisions:

(A) Delete Subclauses (1) and (2) of this clause and insert the following in lieu thereof:

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



Rate per week$
(a)
Cleaners required to clean up to 10 closets per day
6.05



(b)
Cleaners required to clean between 11 and 20 closets per day
12.00



(c)
Cleaners required to clean 21 or more closets per day
18.10

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

(2) Employees called upon outside the ordinary working hours to wash towels shall be paid $4.25 per dozen for ordinary towels, and $3.05 per dozen for dusters, hand towels and tea towels.


(B) Delete Subclauses (5) and (6) of this clause and insert the following in lieu thereof:

(5) Employees who are required to work their ordinary hours each day in two shifts and where the break between the two shifts is not less than three hours, shall be paid an allowance of $3.80 per day.

(6) An employee who is required to open and close classrooms, halls and other school facilities for any activities authorised by the School Principal, shall be paid an allowance according to the following scale:



$ Per Day
(a)
Evenings - Monday to Friday


Up to 40 rooms per week
6.55

41 rooms to 100 per week
9.80

Over 100 rooms per week
12.95
(b)
Saturdays and Sundays
12.95


4. Clause 20. – Wages: Delete Subclause (3) of this clause and insert the following in lieu thereof:

(3) Leading Hands:

Any full-time employee placed in charge of other employees shall be paid, in addition to the appropriate wage prescribed, the following:

Cleaner In Charge of a High School
$22.65 per week


Cleaner In Charge of a TAFE College:

35 hours or less
$67.75 per week
35 hours or more
$90.45 per week


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 Cleaner

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

· Clause 11. – Special Rates and Provisions
· Clause 20. – Wages

is derived from $17 divided by $519.40 equals 3.27% (2005) and $20 divided by $536.40 equals 3.73% (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 8. – Overtime 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 10. – Fares and Travelling Time has been varied for the CPI for the period September 2002 to December 2004 giving the percentage of 8.50%.

June 2006 157.0 X 100 = 8.50%
December 2004 144.7 1

CPI Private Motoring – Motor Vehicles – Perth

Catalogue No. 6455.0.40.001

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.


WORK RELATED ALLOWANCES

Key Minimum Classification - Cleaner

Clause
A
B
C

Clause 11. – Special Rates and Provisions (1)(a)
$5.65
$6.07
$6.05
(b)
$11.20
$11.98
$12.00
(c)
$16.90
$18.10
$18.10




(2)
$3.95
$4.25
$4.25

$2.85
$3.06
$3.05
(5)
$3.55
$3.79
$3.80




(6)(a)
$6.10
$6.53
$6.55

$9.15
$9.80
$9.80
(6)(b)
$12.10
$12.96
$12.95

$12.10
$12.96
$12.95




Clause 20. – Wages (3)
$21.15
$22.67
$22.65

$63.25
$67.74
$67.75

$84.85
$90.45
$90.45





EXPENSE RELATED ALLOWANCES

Clause
A
B
C

Clause 8. – Overtime (3)(a)

$9.20
$9.77
$9.75

$6.20
$6.58
$6.60