2007 WAIRC 00116
DRUM RECLAIMING AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
DRUM SERVICES PTY LTD
RESPONDENT
CORAM COMMISSIONER S WOOD
DATE WEDNESDAY, 14 FEBRUARY 2007
FILE NO APPL 133 OF 2006
CITATION NO. 2007 WAIRC 00116

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 Drum Reclaiming 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 12. – Meal Money: Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Subject to the provisions of subclause (2) of this clause an employee, required to work overtime for more than two hours, shall be supplied with a meal by the employer or be paid $7.80 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 $5.30 for each meal so required.


2. Clause 20. – Shift Work: Delete subclause (5) of this clause and insert the following in lieu thereof:

(5) The loading on the ordinary rates of pay for shift work shall be $8.35 for afternoon shift and for night shift.


3. Clause 23. – Leading Hands: Delete this clause and insert the following in lieu thereof:

23. - LEADING HANDS

In addition to the appropriate rates prescribed in Clause 25. - Rates of Pay of this award, a leading hand shall be paid:



Per Week
$



(1)
If placed in charge of not less than three and not more than ten other employees
25.80



(2)
If placed in charge of more than ten and not more than 20 other employees
39.35



(3)
If placed in charge of more than 20 other employees
50.85





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 Painting and Incidental Duties.

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

· Clause 20. – Shift Work
· Clause 23. – Leading Hands

Is derived from $17 divided by $490.30 (2005) equals 3.47% and $20 divided by $507.30 (2006) equals 3.94% 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 12. – Meal Money 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

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

Clause
A
B
C

Clause 20. – Shift Work
$7.80
$8.37
$8.35




Clause 23. – Leading Hands
$23.95
$25.78
$25.80

$36.60
$39.34
$39.35

$47.25
$50.83
$50.85




Clause
A
B
C

Clause 12. – Meal Money
$7.35
$7.80
$7.80

$5.00
$5.31
$5.30