2007 WAIRC 00234
POULTRY BREEDING FARM & HATCHERY WORKERS' AWARD 1976
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
DIAMOND POULTRY SERVICES AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE MONDAY, 12 MARCH 2007
FILE NO APPL 15 OF 2007
CITATION NO. 2007 WAIRC 00234

Result Award varied
Representation


APPLICANT MS E PALMER ON BEHALF OF THE APPLICANT

RESPONDENTS 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 Poultry Breeding Farm & Hatchery Workers’ Award 1976 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 subparagraphs (i) and (ii) of paragraph (c) of subclause (3) of this clause and insert the following in lieu thereof:

(c) (i) An employee required to work overtime for more than two hours, without being notified on the previous day or earlier that he/she will be so required to work, shall be supplied with a meal by the employer or paid $9.90 for a meal.

(ii) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he/she has notified the employees concerned on the previous day or earlier, that such a second or subsequent meal will also be required, provide such meals or pay an amount of $8.85 for each second or subsequent meal.


2. Clause 9 – Wages: Delete subclause (4) of this clause and insert the following in lieu thereof:

(4)
Leading Hands
$


In addition to the ordinary rate of pay, an employee placed in charge of more than 3 other employees shall receive

25.05


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 General Hand Maintenance.

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

· Clause 9. – Wages

is derived from $17 divided by $460.90 equals 3.69% (2005) and $20 divided by $477.90 equals 4.18% (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 (161.5) to June 2006 (171.5) 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 Food – Perth

Catalogue: 6455.0.40.001


For all allowances (except Fares and Travelling) previous rates 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 – GENERAL HAND MAINTENANCE

Clause
A
B
C

Clause 9. – Wages (4)


$23.20

$25.06

$25.05


Clause
A
B
C

Clause 8 – Overtime (3)(c)(i)
(ii)

$9.30
$8.35

$9.88
$8.87

$9.90
$8.85


CPI Take Away Food – Perth