2007 WAIRC 00312
FUNERAL DIRECTORS' ASSISTANTS' AWARD NO. 18 OF 1962
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
BOWRA AND O'DEA PTY LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S M MAYMAN
DATE TUESDAY, 3 APRIL 2007
FILE NO APPL 97 OF 2006
CITATION NO. 2007 WAIRC 00312

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 Funeral Directors' Assistants' Award No. 18 of 1962 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 9. – Meal Time and Allowances: Delete subclause (3)(a) of this clause and insert the following in lieu thereof:

(3) (a) Subject to the provisions of paragraph (b) of this subclause 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 $7.50 for each meal so required.


2. Clause 10. - Wages: Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) Leading Hands: Any employee placed by the employer in charge of three or more other employees shall be paid $24.00 per week in addition to the amounts prescribed in this clause.


3. Clause 15. – Special Rates and Conditions: Delete subclauses (1) and (2) of this clause and insert the following in lieu thereof:

(1) An employee who is required to come into contact with a body which is in an advanced state of decomposition shall be paid $17.40. No employee shall be entitled to more than one payment in respect of each such case.

(2) An employee who is required to do any work in connection with an exhumation shall receive an allowance of $53.80 for each body exhumed. No worker shall be entitled to more than one payment in respect to each such case.

4. Clause 26. – Standing By: Delete subclauses (1) and (2) of this clause and insert the following in lieu thereof:

(1) Between the hours of 5.30pm and midnight (Monday to Friday) - $10.05 per night.

(2) Between 7.00am and midnight on a Saturday, Sunday or any of the holidays prescribed in Clause 12. - Public Holidays of this award - $21.65 per day.


5. Clause 27. – Car Allowance: Delete this clause and insert the following in lieu thereof:

27. - CAR ALLOWANCE

Where an employee is required and authorised to use his/her own motor vehicle he/she shall be paid 64 cents per kilometre for each kilometre travelled on his/her employer's business.


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 Branch Officer.

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

· Clause 10(1)(b) – Wages
· Clause 15. – Special Rates and Conditions
· Clause 26. – Standing By

is derived from $17 divided by $576.00 = 2.95% (2005) and $20 divided by $593.00 = 3.37% (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 9. - Overtime has been varied for the CPI Meals Out and Take Away Foods for the period December 2004 to June 2006 giving the percentage 6.19%

June 2006
171.5
X
100
=
6.19%
December 2004
161.5
1

CPI Meals Out and Take Away Foods – Perth

· Clause 27. – Car Allowance has been varied for the CPI 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 – Perth

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.

The Union uses Catalogue: 6455.0.40.001

WORK RELATED ALLOWANCES

KEY MINIMUM CLASSIFICATION – BRANCH OFFICER

Clause
A
B
C
Clause 10. – Wages
(3)
$22.50
$23.98
$24.00
Clause 15. – Special Rates and Conditions
(1)
(2)
$16.35
$50.55
$17.42
$53.80
$17.40

Clause 26. – Standing By
(1)
(2)
$9.40
$20.35
$10.03
$21.66
$10.05
$21.65

EXPENSE RELATED ALLOWANCES

CPI Meals Out and Take Away – Perth

Clause
A
B
C
Clause 9. – Meal Times and Meal Allowances
(3)(a)
$8.75
$7.05
$9.29
$7.49
$9.30
$7.50
Clause 27. – Car Allowance
$0.59
$0.64