2007 WAIRC 00230
CULTURAL CENTRE AWARD 1987
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
THE LIBRARY BOARD OF WESTERN AUSTRALIA & OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE MONDAY, 12 MARCH 2007
FILE NO APPL 10 OF 2007
CITATION NO. 2007 WAIRC 00230

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 Cultural Centre Award 1987 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. – Overtime: Delete subclause (9)(a) of this clause and insert the following in lieu thereof:

(9) (a) An employee required to work continuous overtime for more than one hour shall be supplied with a meal by the employer or be paid $9.75 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 each meal by the employer or be paid $5.70 for each meal so required.


2. Clause 15. – Special Rates and Provisions:

(A) Delete subclause (3)(a) of this clause and insert the following in lieu thereof:

(3) (a) All employees called upon to clean closets connected to septic tanks or sewers shall be paid an allowance of 63 cents per closet per week.


(B) Delete subclauses (5), (6), (7) and (8) of this clause and insert the following in lieu thereof:

(5) An allowance of $2.38 per day or part thereof shall be paid to an employee required to use an airlift in the course of their duties.

(6) An allowance of $9.20 per day shall be paid in addition to the ordinary rate to an attendant required to operate audio visual equipment.

(7) (a) Except as provided for in paragraph (b) of this subclause an allowance of $5.00 per day shall be paid to an employee required to carry keys and be responsible for securing the premises at the close of business.

(b) Where it is agreed between the employer and the Union in writing then an alternative arrangement may exist in respect of this subclause.

(8) (a) An employee who is required to work away from his/her usual place of work shall be paid for any fares in excess of those normally incurred in travelling from his/her home to his/her usual place of work and return, except where an allowance is paid in accordance with Clause 17. - Fares and Travelling Allowances of the Miscellaneous Government Conditions and Allowances Award No. A4 of 1992.

(b) Travelling time in excess of that normally incurred in travelling from his/her home to his/her usual place of work and return shall be paid at the rate of ordinary time.

(c) An employee who commences or completes a shift at or between the hours of 11.00pm and 5.00am, shall in addition to the ordinary rate of pay for that shift be paid an allowance of $11.20 per shift.


3. Clause 16. – Wages: Delete subclause (2) of this clause and insert the following in lieu thereof:

(2) Leading Hands: In addition to the appropriate total wage prescribed in this clause, a leading hand shall be paid:


$



(a)
if placed in charge of not less than one and more than five other employees
22.20



(b)
if placed in charge of more than six and not more than ten other employees
34.15



(c)
if placed in charge of more than 11 other employees
43.85


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 Attendant (3rd year of employment and thereafter)

2. The Work Related Allowances - the percentage increase in:

· Clause 15. – Special Rates and Provisions
· Clause 16. - Wages

is derived from $17 divided by $553.10 equals 3.07% (2005) and $20 divided by $570.10 equals 3.51% (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. – Overtime 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 Food – Perth

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.

The Union uses Catalogue No. 6455.0.40.001


KEY MINIMUM CLASSIFICATION – ATTENDANT (3RD YEAR OF EMPLOYMENT AND THEREAFTER)

EXPENSE RELATED ALLOWANCES

Clause
A
B
C

Clause 8. – Overtime (9)(a)
$9.20
$9.77
$9.75

$5.35
$5.68
$5.70


WORK RELATED ALLOWANCES

Clause
A
B
C

Clause 16. - Wages (2)(a)
$20.80
$22.19
$22.20
(b)
$32.00
$34.14
$34.15
(c)
$41.10
$43.85
$43.85




Clause 15. – Special Rates and Provisions



(3)(a)
$0.59
$0.63

(5)
$2.23
$2.38

(6)
$8.62
$9.20

(7)(a)
$4.70
$5.01
$5.00
(8)(c)
$10.50
$11.20