Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Board of Management Ngala Inc
Document Type: Order
Matter Number: APPL 19/2007
Matter Description: Hospital Workers (N'gala) Award No. 6A of 1958
Industry: Health Services
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S Wood
Delivery Date: 12 Mar 2007
Result: Award varied
Citation: 2007 WAIRC 00236
WAIG Reference: 87 WAIG 462
HOSPITAL WORKERS' (N'GALA) AWARD NO. 6A OF 1958
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
BOARD OF MANAGEMENT NGALA INC
RESPONDENT
CORAM COMMISSIONER S WOOD
DATE MONDAY, 12 MARCH 2007
FILE NO APPL 19 OF 2007
CITATION NO. 2007 WAIRC 00236
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 Hospital Workers’ (N’Gala) Award No 6A of 1958 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 14. – Overtime: Delete subclause (4) of this clause and insert the following in lieu thereof:
(4) Where an employee is required to work overtime and such overtime is worked for a period of at least two hours in excess of the required daily hours of work the employee shall be provided with a meal free of cost or shall be paid the sum of $8.35 as meal money.
This subclause shall not apply where the employee has been advised of the necessity to work overtime on the previous day or earlier.
2. Clause 17. – Allowances and Special Provisions: Delete this clause and insert the following in lieu thereof:
17. - ALLOWANCES AND SPECIAL PROVISIONS
(1) Any employee handling foul linen in laundry procedures shall be paid an allowance of $1.84 per week.
(2) An employee engaged as a casual shall be paid 25% over the rates specified in this award.
3. Clause 26. – Fares and Motor Vehicle Allowances: Delete subclause (2)(c) of this clause and insert 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 and Details
Engine Displacement (in cubic centimetres)
Over 2600cc
Over 1600cc & 2600cc
1600cc
Under
Rate per kilometre (Cents)
Metropolitan Area
81.7
71.1
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 Hospital Worker Level 4.
2. For Work Related Allowances – the percentage increase in:
· Clause 17 – Allowances and Special Provisions
is derived from $17 divided by $540.80 equals 3.14% (2005) and $20 divided by $557.80 equals 3.59% (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 14. – 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%.
June 2006 171.5 X 100 = 6.19%
December 2004 161.5 1
CPI Meals Out and Take Away Foods - Perth
· Clause 26. – Fares and Motor Vehicle Allowances has been varied for the CPI Private Motoring – Perth for the period September 2002 to December 2004 giving the percentage of 5.16%.
June 2006 157.0 X 100 = 8.50%
December 2004 144.7 1
CPI Private Motoring – Motor Vehicles - Perth
Catalogue: 6455.0.40.001
WORK RELATED ALLOWANCES
KEY MINIMUM CLASSIFICATION – HOSPITAL WORKER LEVEL 4
Clause
A
B
C
Clause 17. Allowances and Special Provisions
$1.73
1.84
EXPENSE RELATED ALLOWANCES
CPI Meals Out and Take Away Food – Perth
Clause
A
B
C
Clause 14. – Overtime
$7.85
$8.34
$8.35
N.B. For all allowances 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.
HOSPITAL WORKERS' (N'GALA) AWARD NO. 6A OF 1958
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch
APPLICANT
-v-
Board of Management Ngala Inc
RESPONDENT
CORAM Commissioner S Wood
DATE MONDAY, 12 MARCH 2007
FILE NO APPL 19 OF 2007
CITATION NO. 2007 WAIRC 00236
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 Hospital Workers’ (N’Gala) Award No 6A of 1958 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 14. – Overtime: Delete subclause (4) of this clause and insert the following in lieu thereof:
(4) Where an employee is required to work overtime and such overtime is worked for a period of at least two hours in excess of the required daily hours of work the employee shall be provided with a meal free of cost or shall be paid the sum of $8.35 as meal money.
This subclause shall not apply where the employee has been advised of the necessity to work overtime on the previous day or earlier.
2. Clause 17. – Allowances and Special Provisions: Delete this clause and insert the following in lieu thereof:
17. - ALLOWANCES AND SPECIAL PROVISIONS
(1) Any employee handling foul linen in laundry procedures shall be paid an allowance of $1.84 per week.
(2) An employee engaged as a casual shall be paid 25% over the rates specified in this award.
3. Clause 26. – Fares and Motor Vehicle Allowances: Delete subclause (2)(c) of this clause and insert 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 and Details |
Engine Displacement (in cubic centimetres) |
||
|
Over 2600cc |
Over 1600cc & 2600cc |
1600cc Under |
|
|
|
|
|
Rate per kilometre (Cents) |
||
|
|
|
|
Metropolitan Area |
81.7 |
71.1 |
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 Hospital Worker Level 4.
2. For Work Related Allowances – the percentage increase in:
- Clause 17 – Allowances and Special Provisions
is derived from $17 divided by $540.80 equals 3.14% (2005) and $20 divided by $557.80 equals 3.59% (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 14. – 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%.
June 2006 171.5 X 100 = 6.19%
December 2004 161.5 1
CPI Meals Out and Take Away Foods - Perth
- Clause 26. – Fares and Motor Vehicle Allowances has been varied for the CPI Private Motoring – Perth for the period September 2002 to December 2004 giving the percentage of 5.16%.
June 2006 157.0 X 100 = 8.50%
December 2004 144.7 1
CPI Private Motoring – Motor Vehicles - Perth
Catalogue: 6455.0.40.001
WORK RELATED ALLOWANCES
KEY MINIMUM CLASSIFICATION – HOSPITAL WORKER LEVEL 4
Clause |
A |
B |
C |
Clause 17. Allowances and Special Provisions |
$1.73 |
1.84 |
|
EXPENSE RELATED ALLOWANCES
CPI Meals Out and Take Away Food – Perth
Clause |
A |
B |
C |
Clause 14. – Overtime |
$7.85 |
$8.34 |
$8.35 |
N.B. For all allowances 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.