2007 WAIRC 00121
GARDENERS (GOVERNMENT) 1986 AWARD NO. 16 OF 1983
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
THE HON PREMIER OF WA AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE WEDNESDAY, 14 FEBRUARY 2007
FILE NO APPL 104 OF 2006
CITATION NO. 2007 WAIRC 00121

Result Award varied
Representation


APPLICANT MS E PALMER ON BEHALF OF THE APPLICANT

RESPONDENT MR A HARPER ON BEHALF OF THE RESPONDENTS


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

THAT the Gardeners (Government) 1986 Award No. 16 of 1983 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. – Overtime: Delete Subclause (2) of this clause and insert the following in lieu thereof:

(2) When an employee without being notified on the previous day or earlier is required to continue working after his usual knock off time for more than two hours, the employee shall be provided with a meal or be paid $9.75 in lieu thereof.


2. Clause 16. – First Aid – Kits and Attendants: Delete Subclause (2) of this clause and insert the following in lieu thereof:

(2) The employer shall, wherever practicable and where there are two or more employees, appoint an employee holding current first aid qualifications from St John Ambulance or similar body to carry out first aid duty at all works or depots where employees are employed. Such employees so appointed in addition to first aid duties, shall be responsible under the general supervision of the supervisor or foreperson for maintaining the contents of the first aid kit, conveying it to the place of work and keeping it in a readily accessible place for immediate use.

Employees so appointed shall be paid the following rates in addition to their prescribed rate per day:

Qualified Attendant
$ Per Day


10 employees or less
1.28
In excess of 10 employees
2.17


3. Clause 25. – Wages – Part C – All Employees:

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

(3) A Senior Gardener/Ground Attendant who is required to maintain turf wickets, bowling greens or tennis courts shall be paid in addition to the rates prescribed an amount of $6.15 per week. Occasional off-season attention shall not qualify an employee for payment under this subclause.

(B) Delete Subclause (5) of this clause and insert the following in lieu thereof:

(5) Leading Hands

Leading Hands and Senior Gardener/Ground Attendants if placed in charge of:

(a)
five and not more than ten other employees shall be paid $21.50 per week extra;
(b)
more than ten but not more than 20 other employees shall be paid $31.50 per week extra;
(c)
more than 20 other employees shall be paid $41.75 per week extra.

(C) Delete Subclause (10)(a) of this clause and insert the following in lieu thereof:

(a)
Employees of the Zoological Gardens Board covered by this award who are required to clean public toilets shall be paid 66 cents per closet, per week.

4. Clause 28. – Travel Allowance: Delete Subclause (1) of this clause and insert the following in lieu thereof:

(1) (a) An employee required on any day to report directly to the job as distinct from the permanent depot to which such employee is attached (or where a permanent depot does not exist the head office of the employer shall be regarded as the permanent depot) shall be paid $10.95 per day to compensate for the excess fare and travelling time from the employee's home to his place of work and return.

(b) An employee who is usually employed at his employer's principal place of business shall not be entitled to the foregoing allowance when required to start work at some other place unless he thereby incurred in travelling to and from his usual place of employment.


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 Tradesperson Gardener.

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

· Clause 16. – First Aid – Kits and Attendants
· Clause 25. – Wages – Part C – All Employees

is derived from $17 divided by $561.20 equals 3.03% (2005) and $20 divided by $578.80 equals $3.46% (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. - Overtime has been varied for the CPI Meals Out and 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 1

· Clause 28. – Travel Allowance has been varied for the CPI Private Motor – Perth for the period December 2001 to June 2006 giving the percentage of 17.78%.

June 2006 157.0 X 100 = 17.78%
December 2001 133.3 1


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 – TRADESPERSON GARDENER


Clause
A
B
C

Clause 16. – First Aid – Kits and Attendants

$1.20
$2.04

$1.28
$2.17


Clause 25 – Wages – Part C – All Employees
(3)
5(a)
5(b)
5(c)
10(a)



$5.75
$20.15
$29.55
$39.15
$0.62


$6.15
$21.48
$31.50
$41.75
$0.66



$21.50






EXPENSE RELATED ALLOWANCES

CPI Take Away Food – Perth

Clause
A
B
C

Clause 12. – Overtime

$9.20


$9.77

$9.75

CPI Private Motor – Perth

Clause
A
B
C

Clause 28. – Travel Allowance


$9.30

$10.95