2007 WAIRC 00117
BAG, SACK AND TEXTILE AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
JOYCE BROS (WA) PTY LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE WEDNESDAY, 14 FEBRUARY 2007
FILE NO APPL 132 OF 2006
CITATION NO. 2007 WAIRC 00117

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 Bag, Sack and Textile 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 this clause and insert the following in lieu thereof:

12. - MEAL MONEY

(1) An employee 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 a meal by his/her 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/she has notified the employees concerned on the previous day or earlier, that such second or subsequent meal will also be required, provide such meals or pay an amount of $8.10 for each second or subsequent meal.

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

(4) If an employee in consequence of receiving such notice has provided himself/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 prescribed in respect of the meals not then required.


2. Clause 23. – Extra Rates: Delete this clause and insert the following in lieu thereof:

23. - EXTRA RATES

Any employee required to repair canvas goods of all descriptions which are of an unusually dirty or offensive nature shall be paid 34 cents per hour in addition to the ordinary rate.


3. Clause 25. – Wages: Delete subclauses (5) and (6) of this clause and insert the following in lieu thereof:

(5) Leading Hands: Any employee placed by the employer in charge of other employees shall be paid the following rates in addition to their ordinary rate of wage:


Per Week

$


In charge of 1 - 5 employees
23.95
In charge of 6 - 10 employees
36.75
In charge of 11 or more employees
47.20

(6) Tool Allowance:

(a) Where an employer does not provide a tradesperson or an apprentice with the tools ordinarily required by that tradesperson or apprentice in the performance of their work as a tradesperson or apprentice the employer shall pay tool allowance of:

(i) $11.20 per week to such tradesperson; or

(ii) in the case of an apprentice a percentage of $11.70 being the percentage which appears against his/her year of apprenticeship in subclause (4) of this clause.

for the purpose of such tradesperson or apprentice supplying and maintaining tools ordinarily required in the performance of his/her work as a tradesperson or apprentice.

(b) Any tool allowance paid pursuant to paragraph (a) of this subclause shall be included in, and form part of the ordinary weekly wage prescribed in this clause.

(c) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments.

(d) A tradesperson or apprentice shall replace or pay for any tools supplied by their employer if lost through their own negligence.

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 Canvas and Vinyl Fabricator.

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

· Clause 23. – Extra Rates
· Clause 25. - Wages

is 3.15% derived from $17 divided by $539.60 (2005) and 3.59% is derived from $20 divided by $556.60 (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 12. – Meal Money has been varied for the CPI Take Away Food 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

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.

The Union uses Catalogue No.: 6455.0.40.001


WORK RELATED ALLOWANCES

KEY MINIMUM CLASSIFICATION – CANVAS AND VINYL FABRICATOR

Clause
A
B
C

Clause 23. – Extra Rates

Clause 25. – Wages (5)



(6)

$0.32

$22.40
$34.40
$44.15

$10.45
$10.95

$0.34

$23.93
$36.77
$47.19

$11.19
$11.71



$23.95
$36.75
$47.20

$11.20
$11.70



EXPENSE RELATED ALLOWANCES

CPI Take Away Food - Perth

Clause
A
B
C

Clause 12. – Meal Money

$8.75
$7.65

$9.29
$8.12

$9.30
$8.10