2007 WAIRC 00110
CONTRACT CLEANERS AWARD, 1986
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
AIRLITE CLEANING PTY LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE WEDNESDAY, 14 FEBRUARY 2007
FILE NO APPL 77 OF 2006
CITATION NO. 2007 WAIRC 00110

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 Award, 1986 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 7. – 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 18. – Special Rates and Conditions:

(A) Delete Subclause (8) of this clause and insert the following in lieu thereof:

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


Rate Per Day$
(a)
Cleaners required to clean up to seven closets per day
0.31



(b)
Cleaners required to clean eight or more toilets per day
1.57



(c)
Cleaners who for a minimum of two hours per day are engaged in cleaning closets, in lieu of the allowance in paragraph (a) or (b) of this subclause shall receive an allowance of
5.15
For the purpose of this clause, one metre of urinal shall count as one closet and three urinal stalls shall count as one closet.


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

(10) Height Money:

(a) A cleaner shall not be required to work from the top of a ladder more than three metres long which rests on the ground or floor level.

(b) 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 $2.28 per day.

(c) Where an employee is required to clean windows from a swinging scaffold or similar device, he shall be paid 39 cents per hour extra for every hour or part thereof so worked.


(C) Delete Subclause (11) of this clause and insert the following in lieu thereof:

(11) Broken Shift:

Where an employee is required to carry out the ordinary hours of duty at the same location each day in more than one shift and where the break is not less than four hours an allowance of $2.60 per day shall be paid.


3. Clause 19. – Fares, Travelling Time and Transport: Delete subclause (3)(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 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 category


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:


Rate Per Hour$
In charge of up to ten Cleaners
0.82
More than ten Cleaners
1.55

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 18. – Special Rates and Conditions
· Clause 20. – Wages

is derived from $17 divided by $506.60 equals 3.36% (2005) and $20 divided by $523.60 equals 3.82% (2004) 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 7. – Overtime 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 19. – Fares, Travelling Time and Transport has been varied for the CPI Private Motoring – All 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 – Motor Vehicles – Perth figures

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.

Clause
A
B
C

Clause 18. – Special Rates and Conditions (8)(a)
$0.29
$0.31

(b)
$1.46
$1.57

(c)
$4.80
$5.14
$5.15
(10)(b)
$2.13
$2.28

(c)
$0.37
$0.39

(11)
$2.42
$2.60

Clause 20. - Wages (3)
$0.76
$0.82

(3)
$1.44
$1.55



EXPENSE RELATED ALLOWANCES

CPI Meals Out and Take Away Foods - All

Clause
A
B
C

Clause 7. – Overtime (3)(a)
$9.21
$9.77

$9.75

$6.21
$6.58
$6.60