RANGERS (NATIONAL PARKS) AWARD NO. 17 OF 1981

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch

APPLICANT

-v-

Department of Conservation & Land Management

RESPONDENT

CORAM Commissioner S Wood

DATE WEDNESDAY, 14 FEBRUARY 2007

FILE NO APPL 150 OF 2006

CITATION NO. 2007 WAIRC 00114

Result Award varied

Representation

Applicant Ms E Palmer on behalf of the applicant

Respondent Mr A Harper on behalf of the respondent

Order

HAVING heard Ms E Palmer on behalf of the applicant and Mr A Harper on behalf of the respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders:

THAT the Rangers (National Parks) Award no.17 of 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 9. – Overtime:

(A) Delete subclause (7)(a) of this clause and insert the following in lieu thereof:

(7) (a) An employee required to work continuous overtime for more than one hour shall be supplied with a meal by the employer or be paid $9.70 for a meal, and if owing to the amount of overtime worked, a second or subsequent meal is required he/she shall be supplied with each such meal by the employer or be paid $5.70 each meal so required.

(B) Delete subclause (7)(d) of this clause and insert the following in lieu thereof:

(d) An employee required to work continuously from midnight to 6.30am and ordered back to work at 8.00am the same day shall be paid $5.00 breakfast.

2. Clause 14. – Conditions and Allowances:

(A) Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) Mobile Rangers shall, in addition to their normal rate of pay, be paid an allowance of $105.10 per week to offset the costs associated with living in and maintaining a caravan.

This allowance is to be moved year to year to reflect the change in CPI for Perth.

(B) Delete subclause (4)(c) of this clause and insert the following in lieu thereof:

(c) The employee using toxic substances or materials of a like nature shall be paid 56 cents per hour extra.  Employees working in close proximity to employees so engaged shall be paid 46 cents per hour extra.

(C) Delete subclause (5)(d) of this clause and insert the following in lieu thereof:

(d) An employee required to wear protective clothing or equipment for the purpose of this subclause shall be paid 56 cents per hour or part thereof while doing so unless the Union and the employer agree that by reason of the nature of the protective clothing or equipment the employee does not suffer discomfort or inconvenience while wearing it or, in the event of disagreement, the Western Australian Industrial Relations Commission so determines.

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 Ranger Grade 1, Year 1

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

• Clause 14 – 4(c) and 5 (d)– Conditions and Allowances

The 2005 increase is derived from $17.00 divided by $583.60 multiplied by 100 equals 2.91% and 2006 from $20.00 divided by $600.60 multiplied by 100 equals 3.33%; 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 9. – Overtime 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%

December 2004  161.5  X   1

• Clause 14(3) - Mobile Rangers has been varied for the CPI All Groups - Perth for the period December 2004 to June 2006 giving the percentage of 6.91%.

June 2006  153.2  X 100  = 6.91%

December 2004  143.3     1

For all allowances previous rates are identified in Column A of the below table.  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 – Ranger Grade 1 Year 1

EXPENSE RELATED ALLOWANCES

CPI Take Away Food 6455.0.40.001– Perth