2007 WAIRC 00309
CHILD CARE (OUT OF SCHOOL CARE - PLAYLEADERS) AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
SHIRE OF WANNEROO AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S M MAYMAN
DATE TUESDAY, 3 APRIL 2007
FILE NO APPL 93 OF 2006
CITATION NO. 2007 WAIRC 00309

Result Award varied
Representation


APPLICANT MS E PALMER

RESPONDENT NO APPEARANCE


Order
HAVING heard Ms E. Palmer on behalf of the applicant and there being no appearance on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –

THAT the Child Care (Out of School Care - Playleaders) Award be varied in accordance with the following schedule and that such variations shall have effect from the beginning of the first pay period commencing on or after 2 April 2007.






COMMISSIONER S M MAYMAN

SCHEDULE


1. Clause 6. – Hours of Work: Delete subclause (2)(c) of this clause and insert the following in lieu thereof:

(c) A day's work shall be worked in one "unbroken" shift provided that a shift shall not be deemed to be broken by the taking of meal breaks. Provided further that an employee may work a day's work in a "broken" shift in which case an additional payment of $2.85 per day shall be paid to such worker who does not live in the locality of the work place.

2. Clause 7. – Meal Breaks and Allowances: Delete subclause (2) of this clause and insert the following in lieu thereof:

(2) Where any employee, without being notified on the previous day, has to continue working after the usual finishing time for more than two hours he or she shall be paid $9.75 for a meal or be provided with a meal at the Centre.

3. Clause 23. – Fares and Travelling 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 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 Level Five (Step IV).

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

· Clause 6. – Hours of Work

is derived from $17 divided by $602.00 (2005) multiplied by 100 equals 2.82%. $20 divided by $619.00 (2006) multiplied by 100 equals 3.23%:

“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 7. – Meal Breaks and Allowances has been varied for the CPI Meals Out and Take Away Food 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

4. Clause 23. – Fares and Travelling Allowance:

Note: Order was varied by CPI figures (Private Motoring – 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

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.

WORK RELATED ALLOWANCES

Clause
A
B
C
Clause 6. – Hours of Work
$2.67
$2.84
$2.85

EXPENSE RELATED ALLOWANCES

CPI Meals out and Take Away Food - Perth

Clause
A
B
C
Clause 7. – Meal Breaks and Allowances
$9.20
$9.77
$9.75