2007 WAIRC 00115
SADDLERS AND LEATHERWORKERS' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
MALLABONES
RESPONDENT
CORAM COMMISSIONER S WOOD
DATE WEDNESDAY, 14 FEBRUARY 2007
FILE NO APPL 135 OF 2006
CITATION NO. 2007 WAIRC 00115

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 Saddlers and Leatherworkers’ 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 8. – Meal Money: Delete this clause and insert the following in lieu thereof:

8. - MEAL MONEY

(1) A worker 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 any meal required by the employer or paid $9.30 for such 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 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 $7.75 for each second or subsequent meal.

(3) No such payments need be made to workers living in the same locality as their workshops who can reasonably return home for such meals.

(4) If a worker 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 23. – Leading Hands: Delete this clause and insert the following in lieu thereof:

23. – LEADING HANDS

Any worker placed by the employer in charge of other workers shall be paid the following rates in addition to their ordinary rates of wages:


$
In charge of 1 - 5 employees
23.35

In charge of 6 - 10 employees
29.25

In charge of 11 or more employees
40.10



3. Clause 24. – Special Rates: Delete this clause and insert the following in lieu thereof:

24. – SPECIAL RATES

Any worker required to repair goods which are of an unusually dirty or offensive nature shall be paid 40 cents per hour in addition to the ordinary rate.

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 Saddlers Employee Manufacturing.

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

· Clause 23. – Leading Hands
· Clause 24. – Special Rates

is derived from $17 divided by $508.70 equals 3.34% (2005) and $20 divided by $525.70 equals 3.80% (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. – 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%.

Calculations are therefore:

June 2006 171.5 X 100 = 6.19%
December 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 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 – SADDLERS EMPLOYEE MANUFACTURING


Clause
A
B
C

Clause 23. – Leading Hands

$21.75
$27.30
$37.40

$23.36
$29.27
$40.12

$23.35
$29.25
$40.10

Clause 24. – Special Rates

$0.38

$0.40




EXPENSE RELATED ALLOWANCES

CPI Take Away Food – Perth

Clause
A
B
C

Clause 8. – Meal Money

$8.75
$7.30

$9.29
$7.75

$9.30
$7.75