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

DOC | 69kB
2007 WAIRC 00236
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.
Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Board of Management Ngala Inc

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.