2007 WAIRC 00162
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
BROWNES DAIRY PTY LTD T/A P B FOODS, MASTERS DAIRY LTD. T/A NATIONAL FOODS
RESPONDENTS
CORAM COMMISSIONER S J KENNER
DATE FRIDAY, 23 FEBRUARY 2007
FILE NO/S APPL 99 OF 2006
CITATION NO. 2007 WAIRC 00162

Result Award Varied
Representation


APPLICANT MS E PALMER

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 Dairy Factory Workers’ Award 1982 be varied in accordance with the following schedule and that such variation shall have effect from the first pay period on or after the date of this order.
Furthermore, the Commission records the following basis for the variations:
1. The agreed Key Minimum Classification in this Award is Dairy Production Worker Grade vii.
2. The Work Related Allowances – the percentage increase in:
· Clause 6. – Special Rates
· Clause 8. – Leading Hands
is derived from $17 divided by $561.20 (2005) equals 3.03% and $20 divided by $578.20 (2006) equals 3.46%, 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 11. – Meal Money has been varied for the CPI 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

· Clause 19. – Vehicle Allowance
Fares and Travelling Allowances:
June 2006 157.0 X 100 = 8.50%
December 2004 144.7 1

CPI Private Motoring – Motor Vehicles – Perth
The Union uses Catalogue No. 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.

KEY MINIMUM CLASSIFICATION – DAIRY PRODUCTION WORKER GRADE VII

WORK RELATED ALLOWANCES
Clause
A
B
C
Clause 6. – Special Rates 1
$0.48
$0.51

2
$1.27
$1.35

3
$0.60
$0.64

4
$0.20
$0.22





Clause 8. – Leading Hands 1
$22.45
$23.90
$23.90
2
$34.50
$36.73
$36.70
3
$44.15
$47.07
$47.10

EXPENSE RELATED ALLOWANCES
Clause
A
B
C
Clause 11. – Meal Money 1
$8.35
$8.87
$8.85
2
$7.25
$7.70
$7.70




COMMISSIONER S J KENNER

SCHEDULE

1. Clause 6. – Special Rates: Delete this clause and insert the following in lieu thereof:

(1) An employee required to enter and clean any enclosed vat or tank shall be paid 51 cents per clean.

(2) An employee required to clean out a "powder box" or "spray drier" shall be paid $1.35 per clean.

(3) An employee shall receive 64 cents for every hour of which he/she spends 20 minutes or more in a cold chamber in which the temperature is less than 0C.

(4) An employee shall receive 22 cents for every hour he/she spends in a cold chamber in which the temperature is between 4C and 0C inclusive.


2. Clause 8. – Leading Hands: Delete this clause and insert the following in lieu thereof:

In addition to the rates prescribed in Clause 29. - Wages, 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
23.90
(2)
if placed in charge of more than ten and not more than 20 other employees
36.70
(3)
if placed in charge of more than 20 other employees
47.10


3. Clause 11. – Meal Money:

A. Delete subclause (1)(a) of this clause and insert the following in lieu thereof:

(1) (a) Subject to the provisions of this clause an employee who is required to continue working after his usual ceasing time for more than two hours shall be supplied with a meal by his employer or be paid $8.85 for a meal.

B. Delete subclause (2) of this clause and insert the following in lieu thereof:

(2) Where the amount of overtime worked is at least four hours from the time the employee became entitled to a meal, the employer shall supply an additional meal or pay to the employee $7.70 for each such additional meal.


4. Clause 28. – Vehicle Allowance: Delete subclause (2)(c) 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 Allowances

Area Details
Engine Displacement (in cubic centimetres)

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

Rate per kilometre (Cents)




Metropolitan Area
81.7
70.9
62.8




South West Land Division
84.0
72.9
64.8




North of 23.5° South Latitude
92.1
80.4
71.6




Rest of the State
86.7
75.3
66.8

Schedule 2 - Motor Cycle Allowances

Distance travelled during a year on Official Business
Rate per Kilometre (Cents)


All areas of the State
28.2

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