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
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
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 |