Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Caris the Jeweller, Mazzuchelli's Jewellers Pty Ltd, East West Chain Pty Ltd

Document Type: Order

Matter Number: APPL 5/2007

Matter Description: Watchmakers' and Jewellers' Award 1970

Industry: Watchmaking

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner S Wood

Delivery Date: 12 Mar 2007

Result: Award varied

Citation: 2007 WAIRC 00226

WAIG Reference: 87 WAIG 491

DOC | 64kB
2007 WAIRC 00226
WATCHMAKERS' AND JEWELLERS' AWARD 1970
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
MAZZUCHELLI'S JEWELLERS PTY LTD & OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE MONDAY, 12 MARCH 2007
FILE NO APPL 5 OF 2007
CITATION NO. 2007 WAIRC 00226

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 Watchmakers' and Jewellers' Award, 1970 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 8. - Wages: Delete subclause (4) of this clause and insert the following in lieu thereof:

(4) Leading Hands:

Any jeweller or watchmaker placed in charge of not more than ten (10) jewellers or watchmakers shall be paid $23.55 per week in addition to the rates of pay prescribed by this award.

2. Clause 8. - Wages: Delete subclause (5) of this clause and insert the following in lieu thereof:

(5) Tool Allowance:

Watchmakers and apprentices to watchmaking shall be paid a tool allowance of $10.50 per week extra.

3. Clause 11. – Meal Money:

(A) 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 $8.10 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.


(B) Delete subclause (4) of this clause and insert the following in lieu thereof:

(4) Late Night Trading Meal Allowance:

An employee who commences work prior to 4.30 p.m. on the day of late night trading and is required to work beyond 7.00 p.m. on that day, shall be paid a meal allowance of $8.10.


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 Jewellers Tradesperson.

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

· Clause 8. - Wages

is derived from $17 divided by $561.20 equals 3.03% (2005) and $20 divided by $578.20 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 8(5). – Tool Allowance has been varied for the CPI Tools - Perth for the period June 1996 (112.6) to June 2006 (121.8) giving the percentage of 8.17%.

Calculations are therefore:

June 2006 121.8 X 100 = 8.17%
June 1996 112.6 1

· Clause 11. – Meal Money has been varied for the CPI Meals Out and Take Away Food - Perth for the period December 2004 (161.5) to June 2006 (171.5) 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

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

KEY MINIMUM CLASSIFICATION – JEWELLERS TRADESPERSON

Clause
A
B
C

Clause 8. – Wages

$22.10

$23.54

$23.55


EXPENSE RELATED ALLOWANCES

CPI Tools - Perth
CPI Meals Out and Take Away Food – Perth

Clause
A
B
C

Clause 8. – Wages (5)


$9.70

$10.49

$10.50


Clause
A
B
C

Clause 11. – Meal Money (1)

(4)

$7.65
$5.30
$7.65

$8.12
$5.63
$8.12

$8.10
$5.65
$8.10


Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Caris the Jeweller, Mazzuchelli's Jewellers Pty Ltd, East West Chain Pty Ltd

WATCHMAKERS' AND JEWELLERS' AWARD 1970

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch

APPLICANT

-v-

Mazzuchelli's Jewellers Pty Ltd & OTHERS

RESPONDENTS

CORAM Commissioner S Wood

DATE MONDAY, 12 MARCH 2007

FILE NO APPL 5 OF 2007

CITATION NO. 2007 WAIRC 00226

 

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 Watchmakers' and Jewellers' Award, 1970 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 8. - Wages:  Delete subclause (4) of this clause and insert the following in lieu thereof:

 

(4) Leading Hands:

 

 Any jeweller or watchmaker placed in charge of not more than ten (10) jewellers or watchmakers shall be paid $23.55 per week in addition to the rates of pay prescribed by this award.

 

2. Clause 8. - Wages:  Delete subclause (5) of this clause and insert the following in lieu thereof:

 

(5) Tool Allowance:

 

 Watchmakers and apprentices to watchmaking shall be paid a tool allowance of $10.50 per week extra.

 

3. Clause 11. – Meal Money: 

 

(A) 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 $8.10 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.

 

 

(B) Delete subclause (4) of this clause and insert the following in lieu thereof:

 

(4) Late Night Trading Meal Allowance:

 

  An employee who commences work prior to 4.30 p.m. on the day of late night trading and is  required to work beyond 7.00 p.m. on that day, shall be paid a meal allowance of $8.10.

 

 

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 Jewellers Tradesperson.

 

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

 

  • Clause 8. - Wages

 

is derived from $17 divided by $561.20 equals 3.03% (2005) and $20 divided by $578.20 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 8(5). – Tool Allowance has been varied for the CPI Tools - Perth for the period June 1996 (112.6) to June 2006 (121.8) giving the percentage of 8.17%.

 

Calculations are therefore:

 

  June 2006  121.8   X 100    = 8.17%

  June 1996  112.6     1

 

  • Clause 11. – Meal Money has been varied for the CPI Meals Out and Take Away Food - Perth for the period December 2004 (161.5) to June 2006 (171.5) 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

 

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

 

KEY MINIMUM CLASSIFICATION – JEWELLERS TRADESPERSON

 

Clause

A

B

C

 

Clause 8. – Wages

 

$22.10

 

$23.54

 

$23.55

 

 

EXPENSE RELATED ALLOWANCES

 

CPI Tools - Perth

CPI Meals Out and Take Away Food – Perth

 

Clause

A

B

C

 

Clause 8. – Wages        (5)

 

 

$9.70

 

$10.49

 

 $10.50

 

 

Clause

A

B

C

 

Clause 11. – Meal Money   (1)

 

     (4)

 

$7.65

$5.30

$7.65

 

$8.12

$5.63

$8.12

 

$8.10

$5.65

$8.10