2007 WAIRC 00132
CLEANERS AND CARETAKERS AWARD, 1969
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
COCA COLA BOTTLERS (PERTH) PTY LTD & OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE FRIDAY, 16 FEBRUARY 2007
FILE NO. APPL 74 OF 2006
CITATION NO. 2007 WAIRC 00132

Result Correction order



Correction Order
WHEREAS an error occurred in the Order dated 14 February 2007 issued in application 74 of 2006 Citation Number [2007] WAIRC 00111, the Commission, in order to correct the error and pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders:

THAT the Cleaners and Caretakers Award, 1969 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 13. – Overtime: Delete paragraph (a) of subclause (4) of this clause and insert the following in lieu thereof:

(4) (a) Subject to the provisions of paragraph (b) of this subclause an employee, required to work overtime for more than two hours, shall be supplied with a meal by the employer or be paid $8.25 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 $5.65 for each meal so required.


2. Clause 20. – Special Rates and Conditions:

(A) Delete paragraphs (a) and (b) of subclause (8) of this clause and insert the following in lieu thereof:

(a) Washing towels, 34 cents each.

(b) Washing dusters, 26 cents each.


(B) Delete subclause (10) of this clause and insert the following in lieu thereof:

(10) (a) Where it is necessary to go wholly outside a building to clean windows an employee shall, if such cleaning be 15.5 metres or more from the nearest horizontal plane, be paid an allowance of $2.55 per day.

(b) Where an employee is required to clean windows from a swinging scaffold or similar device he/she shall be paid 43 cents per hour extra for every hour or part thereof so worked.


(C) Delete subclause (11) of this clause and insert the following in lieu thereof:

(11) Where an employee is required to carry out the ordinary hours of duty per day in more than one shift and where the break is not less than three hours, an allowance of $2.85 per day shall be paid. This allowance shall not apply to caretakers.


(D) Delete subclause (15) of this clause and insert the following in lieu thereof:

(15) All employees called upon to clean closets connected with septic tanks and sewerage shall receive an allowance as follows:



Per Week $
(a)
five closets or greater but less than ten closets per day
4.05
(b)
ten closets or greater but less than 30 closets per day
11.95
(c)
30 closets or greater but less than 50 closets per day
23.70
(d)
50 closets or greater per day
29.80
For the purpose of this clause one metre of urinal shall count as one closet and three urinal stalls shall count as one closet


(E) Delete paragraph (c) of subclause (17) of this clause and insert the following in lieu thereof:

(c) A year for the purpose of this clause shall commence on the 1st day of July and end on the 30th day of June next following.

Rates of hire for use of employee's own vehicle on employer's business:


Schedule 1 - Motor Vehicle Allowance

Area Details
Engine Displacement (in cubic centimetres)

Over 2600cc
OVER 1600CC - & 2600CC
1600cc Under

Rate per kilometre (Cents)




Metropolitan Area
81.7
71.1
62.8




South West Land Division
84.0
72.9
64.8




North of 23.5o South Latitude
92.1
80.3
71.5




Rest of the State
86.7
75.3
66.8

Motor vehicles with rotary engines are to be included in the 1600-2600cc category.

Schedule 2 - Motor Cycle Allowance

Distance travelled during a year on Official Business
Rate per Kilometre (Cents)
All areas of the State
28.2


3. Clause 22. – Wages: Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) Leading Hands: Any employee in charge of other employees shall be paid in addition to the appropriate wage prescribed, the following:

$

(a)
if placed in charge of not less than three and not more than six other employees
12.95



(b)
if placed in charge of not less than six and not more than ten other employees
23.05



(c)
if placed in charge of not less than ten and not more than 15 other employees
28.75



(d)
if placed in charge of not less than 15 and not more than 20 other employees
34.95



(e)
if placed in charge of more than 20 other employees
45.10


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 Caretaker.

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

· Clause 20 – Specials Rates and Conditions
· Clause 22 – Wages

is derived from $17 divided by $499.20 equals 3.41% (2005) and $20 divided by $516.20 equals 3.87% (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 13 – Overtime 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 Food – Perth

· Clause 20 – Special Rates and Conditions – subclause (17) has been varied for the CPI Private Motoring – Perth for the period December 2004 to June 2006 giving the percentage of 8.50%

June 2006 157.0 X 100 = 8.50%
December 2004 144.7 1

CPI Private Motoring – Motor Vehicles – Perth

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.

The union uses Catalogue 6455.0.40.001


WORK RELATED ALLOWANCES

Key Minimum Classification - Caretaker

Clause
A
B
C

Clause 20. – Special Rates and Conditions 8(a)
8(b)

10(a)
10(b)

11

15(a)
15(b)
15(c)
15(d)

$0.32
$0.24

$2.35
$0.40

$2.65

$3.75
$11.10
$22.05
$27.75

$0.34
$0.26

$2.54
$0.43

$2.85

$4.05
$11.95
$23.68
$29.81




$2.55


$2.85

$4.05

$23.70
$29.80

Clause 22. – Wages 3(a)
3(b)
3(c)
3(d)
3(e)

$12.05
$21.45
$26.80
$32.55
$41.95

$12.93
$23.06
$28.77
$34.95
$45.13

$12.95
$23.05
$28.75
$34.95
$45.10


EXPENSE RELATED ALLOWANCES

Clause
A
B
C

Clause 13. – Overtime 4(a)

$7.75
$5.30

$8.23
$5.63

$8.25
$5.65