Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Guildford Grammar School, Aquinas College, St Marys Anglican Girls School (Inc)
Document Type: Order
Matter Number: APPL 73/2006
Matter Description: School Employees (Independent Day & Boarding Schools) Award, 1980
Industry: Education
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S M Mayman
Delivery Date: 12 Jan 2007
Result: Award varied
Citation: 2007 WAIRC 00308
WAIG Reference: 87 WAIG 654
SCHOOL EMPLOYEES (INDEPENDENT DAY & BOARDING SCHOOLS) AWARD, 1980
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
GUILDFORD GRAMMAR SCHOOL AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S M MAYMAN
DATE TUESDAY, 3 APRIL 2007
FILE NO APPL 73 OF 2006
CITATION NO. 2007 WAIRC 00308
Result Award varied
Representation
APPLICANT MS E PALMER
RESPONDENT DR I E FRASER
Order
HAVING heard Ms E Palmer on behalf of the applicant and Dr I E Fraser on behalf of respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –
THAT the School Employees (Independent Day & Boarding Schools) Award, 1980 be varied in accordance with the following schedule and that such variations shall have effect from the first pay period commencing on or after 2 April 2007.
COMMISSIONER S M MAYMAN
SCHEDULE
1. Clause 11. – Meal Money: 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 $9.30 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 $6.35 for each meal so required.
2. Clause 32. – Wages:
(A) Delete subclause (3)(b) of this clause and insert the following in lieu thereof:
(b) Senior employees other than the Head Groundsperson and leading hands appointed as such by the employer to be in charge of three or more other employees shall be paid $23.85 per week in addition to the rates prescribed herein.
(B) Delete subclause (4) of this clause and insert the following in lieu thereof:
(4) For all work done on any day after a break referred to in subclause (3) of Clause 7. - Hours of this award, the employee shall be paid an allowance of $1.50 per hour for each such hour worked.
3. Clause 33. – 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 first day of July and end on the thirtieth day of June next following.
Rates of hire for use of employee's own vehicle on employer's business
Schedule 1 - Motor Vehicle Allowances
Area and Details
Engine Displacement (in cubic centimetres)
Over 2600cc
Over 1600-2600cc
l600cc & 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 Allowances
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 category
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 Tradesperson Cook.
2. For Work Related Allowances – the percentage increase in:
· Clause 32. - Wages
is derived from $17 divided by $561.20 equals 3.03% (2005) and $20 divided by $578.20 equals 3.46% (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 11. – Meal Money has been varied for the CPI Meals Out and Take Away Foods 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 33. – Fares and Motor Vehicle Allowances has been varied for the CPI Private Motoring – Motor Vehicles – Perth for the period December 2004 to June 2006 giving the percentage of 8.50%.
June 2006
157.0
X
100
=
8.50%
December 2004
144.7
1
CPI Private Motoring – Motor Vehicles – Perth
The Union uses Catalogue No. 6455.0.40.001
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.
WORK RELATED ALLOWANCES
KEY MINIMUM CLASSIFICATION – TRADESPERSON COOK
Clause
A
B
C
Clause 32. - Wages
(3)(b)
$22.35
$23.85
(4)
$1.45
$1.50
$1.50
EXPENSE RELATED ALLOWANCES
Clause
A
B
C
Clause 11. – Meal Money
$8.75
$9.29
$9.30
$6.00
$6.37
$6.35
CPI Take Away Food – Perth
SCHOOL EMPLOYEES (INDEPENDENT DAY & BOARDING SCHOOLS) AWARD, 1980
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch
APPLICANT
-v-
Guildford Grammar School and others
RESPONDENTS
CORAM Commissioner S M Mayman
DATE TUESDAY, 3 APRIL 2007
FILE NO APPL 73 OF 2006
CITATION NO. 2007 WAIRC 00308
Result Award varied
Representation
Applicant Ms E Palmer
Respondent Dr I E Fraser
Order
HAVING heard Ms E Palmer on behalf of the applicant and Dr I E Fraser on behalf of respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –
THAT the School Employees (Independent Day & Boarding Schools) Award, 1980 be varied in accordance with the following schedule and that such variations shall have effect from the first pay period commencing on or after 2 April 2007.
Commissioner S M Mayman
SCHEDULE
1. Clause 11. – Meal Money: 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 $9.30 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 $6.35 for each meal so required.
2. Clause 32. – Wages:
(A) Delete subclause (3)(b) of this clause and insert the following in lieu thereof:
(b) Senior employees other than the Head Groundsperson and leading hands appointed as such by the employer to be in charge of three or more other employees shall be paid $23.85 per week in addition to the rates prescribed herein.
(B) Delete subclause (4) of this clause and insert the following in lieu thereof:
(4) For all work done on any day after a break referred to in subclause (3) of Clause 7. - Hours of this award, the employee shall be paid an allowance of $1.50 per hour for each such hour worked.
3. Clause 33. – 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 first day of July and end on the thirtieth day of June next following.
Rates of hire for use of employee's own vehicle on employer's business
Schedule 1 - Motor Vehicle Allowances
Area and Details |
Engine Displacement (in cubic centimetres) |
||
Over 2600cc |
Over 1600-2600cc |
l600cc & 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 Allowances
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 category
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 Tradesperson Cook.
2. For Work Related Allowances – the percentage increase in:
- Clause 32. - Wages
is derived from $17 divided by $561.20 equals 3.03% (2005) and $20 divided by $578.20 equals 3.46% (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 11. – Meal Money has been varied for the CPI Meals Out and Take Away Foods 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 33. – Fares and Motor Vehicle Allowances has been varied for the CPI Private Motoring – Motor Vehicles – Perth for the period December 2004 to June 2006 giving the percentage of 8.50%.
June 2006 |
157.0 |
X |
100 |
= |
8.50% |
December 2004 |
144.7 |
1 |
CPI Private Motoring – Motor Vehicles – Perth
The Union uses Catalogue No. 6455.0.40.001
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.
WORK RELATED ALLOWANCES
KEY MINIMUM CLASSIFICATION – TRADESPERSON COOK
Clause |
A |
B |
C |
|
Clause 32. - Wages |
(3)(b) |
$22.35 |
$23.85 |
|
(4) |
$1.45 |
$1.50 |
$1.50 |
EXPENSE RELATED ALLOWANCES
Clause |
A |
B |
C |
Clause 11. – Meal Money |
$8.75 |
$9.29 |
$9.30 |
|
$6.00 |
$6.37 |
$6.35 |
CPI Take Away Food – Perth