2007 WAIRC 00228
PHOTOGRAPHIC INDUSTRY AWARD, 1980
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
ILLUSTRATIONS PTY LTD
RESPONDENT
CORAM COMMISSIONER S WOOD
DATE MONDAY, 12 MARCH 2007
FILE NO APPL 8 OF 2007
CITATION NO. 2007 WAIRC 00228

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 Photographic Industry Award, 1980 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 – Wages: Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) LEADING HANDS:

In addition to the rates prescribed herein, any employee appointed by the employer as a leading hand and placed in charge of not less than 3 and not more than 10 other employees, shall be paid $24.60 per week.

In addition to the rates prescribed herein, a leading hand placed in charge of more than 10 and not more than 20 other employees shall be paid $37.60 per week.

2. Clause 13 – Meal Allowance:

(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 $8.25 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.


(B) Delete subclause (4) of this clause and insert of 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 $8.25.

3. Clause 21. – Vehicle Allowance: Delete paragraph (c) of subclause (2) of this clause and insert in 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
70.9
62.8
South West Land Division
84.0
72.9
64.8
North of 23.5° South Latitude
92.1
80.3
71.5
Rest of the State
86.7
75.3
66.8

Schedule 2 - Motor Cycle Allowance
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


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 Colour Filter Determinator.

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

· Clause 12. – Wages

is derived from $17 divided by $498.50 equals 3.41% (2005) and $20 divided by $515.50 equals 3.88% (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. – Meal Allowance 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%.

Calculations are therefore:

June 2006 171.5 X 100 = 6.19%
December 2004 161.5 1

CPI Meals Out and Take Away Foods – Perth

· Clause 21 – Vehicle Allowance has been varied for the CPI Private Motoring – Motor Vehicles for the period December 2004 to June 2006 giving the percentage of 8.50%
Calculations are therefore:

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

CPI Private Motoring – Motor Vehicles – Perth
Catalogue 6455.0.40.01

For all allowances previous rates (except Fares and Travelling) 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.


EXPENSE RELATED ALLOWANCES


KEY MINIMUM CLASSIFICATION – COLOUR FILTER DETERMINATOR

Clause
A
B
C

Clause 12. – Wages (3)


$22.90
$35.00

$24.62
$37.60

$24.60
$37.60


CPI Meals Out and Take Away Food – Perth

Clause
A
B
C

Clause 13. – Meal Allowance (1)

(4)

$7.75
$5.30
$7.75

$8.23
$5.63
$8.23

$8.25
$5.65
$8.25