2007 WAIRC 00113
SOAP AND ALLIED PRODUCTS MANUFACTURING AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
CANDLE LIGHT CO
RESPONDENT
CORAM COMMISSIONER S WOOD
DATE WEDNESDAY, 14 FEBRUARY 2007
FILE NO APPL 153 OF 2006
CITATION NO. 2007 WAIRC 00113

Result Award varied
Representation


APPLICANT MS E PALMER ON BEHALF OF THE APPLICANT

RESPONDENT NO APPEARANCE


Order
HAVING heard Ms E Palmer on behalf of the applicant and there being no appearance on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders:

THAT the Soap and Allied Products Manufacturing Award 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 13. – Meal Money: Delete subclauses (1) and (2) of this clause and insert the following in lieu thereof:

(1) A worker required to work overtime for more than two hours without being notified on the previous day or earlier, that he will be so required to work shall be supplied with a meal by the employer or paid $9.30 for a meal.

(2) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he has notified the workers concerned on the previous day or earlier that such a second or subsequent meal will also be required, provide such meals or pay an amount of $7.70 for each second or subsequent meal.


2. Clause 26. – Leading Hands: Delete this clause and insert the following in lieu thereof:

26. - LEADING HANDS

In addition to the appropriate total weekly wage prescribed in Clause 25. - Wages of this award a leading hand shall be paid:

(1)
If placed in charge of not less than three and not more than ten other employees
$24.95



(2)
If placed in charge of more than ten and not more than 20 other employees
$38.55



(3)
If placed in charge of more than 20 other employees
$49.60


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 Product Maker.

2. For Work Related Allowances – the percentage increase in:

· Clause 26. – Leading Hands

is derived from $17 divided by $485.60 equals 3.50% (2005) and $20 divided by $502.60 equals 3.98% (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 13. – Meal Money has been varied for the CPI Take Away Food – Perth for the period December 2004 to June 2006 giving the percentage of 6.19%.

June 2006 171.5 X 100 = 6.19%
September 2004 161.5 1

CPI Meals Out and Take Away Foods – Perth

Catalogue: 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 – PRODUCT MAKER

Clause
A
B
C

Clause 26. – Leading Hands

$23.20
$35.85
$46.10

$24.95
$38.57
$49.60

$24.95
$38.55
$49.60


EXPENSE RELATED ALLOWANCES

CPI Take Away Food – Perth

Clause
A
B
C

Clause 13. – Meal Money

$8.75
$7.25

$9.29
$7.70

$9.30
$7.70