Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Country High School Hostels Authority
Document Type: Order
Matter Number: APPL 131/2006
Matter Description: Country High School Hostels Award No. 7A of 1979
Industry: Education
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S M Mayman
Delivery Date: 18 Jan 2007
Result: Award varied
Citation: 2007 WAIRC 00314
WAIG Reference: 87 WAIG 646
COUNTRY HIGH SCHOOL HOSTELS AWARD NO. 7A OF 1979
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
COUNTRY HIGH SCHOOL HOSTELS AUTHORITY
RESPONDENT
CORAM COMMISSIONER S M MAYMAN
DATE TUESDAY, 3 APRIL 2007
FILE NO APPL 131 OF 2006
CITATION NO. 2007 WAIRC 00314
Result Award varied
Representation
APPLICANT MS E PALMER
RESPONDENT MR A HARPER
Order
HAVING heard Ms E Palmer on behalf of the applicant and Mr A Harper on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –
THAT the Country High School Hostels Award, 1979 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. – Overtime: Delete subclause (6) of this clause and insert the following in lieu thereof:
(6) Where an employee has not been notified the previous day or earlier that they are required to work overtime the employer shall ensure that employees working such overtime for an hour or more shall be provided with any of the usual meals occurring during such overtime or be paid $9.75 each meal.
2. Clause 20. – Meal Money: Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) An employee required to work overtime for more than two hours, without being notified on the previous day or earlier that they will be so required to work, shall be supplied with a meal by the employer or paid $9.75 for a meal.
3. Clause 21. – Special Rates and Provisions: Delete subclause (1)(a) of this clause and insert the following in lieu thereof:
(1) (a) All employees called upon to clean closets, connected with septic tanks or sewerage shall receive an allowance of 64 cents per closet per week.
4. Clause 22. – Supported Wage System:
(A) Delete subclause (3)(b) of this clause and insert the following in lieu thereof:
(b) Provided that the minimum amount payable shall not be less than $63.10 per week.
(B) Delete subclause (9)(c) of this clause and insert the following in lieu thereof:
(c) The minimum amount payable to the employee during the trial period shall be no less than $63.10 per week.
5. Clause 24. - Wages: Delete subclause (2) of this clause and insert the following in lieu thereof:
(2) General Conditions:
(a) Senior employees appointed as such by the employer shall be paid $21.20 per week in addition to the rates prescribed herein.
(b) A leading hand placed in charge of not less than three other employees shall be paid $21.20 per week extra.
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 Cleaner
2. The Work Related Allowances - the percentage increase in:
· Clause 21. – Special Rates and Provisions
· Clause 22. – Support Wage System
· Clause 24. – Wages
is from $17 divided by $511.70 = 3.32% (2005) and $20 divided by $528.70 equals 3.78% (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 and Clause 20. – Meal Money 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
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 - CLEANER
Clause
A
B
C
Clause 21. – Special Rates and Provisions
$0.60
$0.64
Clause 22. – Support Wage System
(3)(b)
$58.80
$63.10
(9)(c)
$58.80
$63.10
Clause 24. – Wages
(2)(a)
$19.75
$21.18
$21.20
(2)(b)
$19.75
$21.18
$21.20
EXPENSE RELATED ALLOWANCES
CPI Meals Out and Take Away Food - Perth
Clause
A
B
C
Clause 9. – Overtime
$9.20
$9.77
$9.75
Clause 20. – Meal Money
$9.20
$9.77
$9.75
COUNTRY HIGH SCHOOL HOSTELS AWARD NO. 7A OF 1979
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch
APPLICANT
-v-
Country High School Hostels Authority
RESPONDENT
CORAM Commissioner S M Mayman
DATE TUESDAY, 3 APRIL 2007
FILE NO APPL 131 OF 2006
CITATION NO. 2007 WAIRC 00314
Result Award varied
Representation
Applicant Ms E Palmer
Respondent Mr A Harper
Order
HAVING heard Ms E Palmer on behalf of the applicant and Mr A Harper on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –
THAT the Country High School Hostels Award, 1979 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. – Overtime: Delete subclause (6) of this clause and insert the following in lieu thereof:
(6) Where an employee has not been notified the previous day or earlier that they are required to work overtime the employer shall ensure that employees working such overtime for an hour or more shall be provided with any of the usual meals occurring during such overtime or be paid $9.75 each meal.
2. Clause 20. – Meal Money: Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) An employee required to work overtime for more than two hours, without being notified on the previous day or earlier that they will be so required to work, shall be supplied with a meal by the employer or paid $9.75 for a meal.
3. Clause 21. – Special Rates and Provisions: Delete subclause (1)(a) of this clause and insert the following in lieu thereof:
(1) (a) All employees called upon to clean closets, connected with septic tanks or sewerage shall receive an allowance of 64 cents per closet per week.
4. Clause 22. – Supported Wage System:
(A) Delete subclause (3)(b) of this clause and insert the following in lieu thereof:
(b) Provided that the minimum amount payable shall not be less than $63.10 per week.
(B) Delete subclause (9)(c) of this clause and insert the following in lieu thereof:
(c) The minimum amount payable to the employee during the trial period shall be no less than $63.10 per week.
5. Clause 24. - Wages: Delete subclause (2) of this clause and insert the following in lieu thereof:
(2) General Conditions:
(a) Senior employees appointed as such by the employer shall be paid $21.20 per week in addition to the rates prescribed herein.
(b) A leading hand placed in charge of not less than three other employees shall be paid $21.20 per week extra.
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 Cleaner
2. The Work Related Allowances - the percentage increase in:
- Clause 21. – Special Rates and Provisions
- Clause 22. – Support Wage System
- Clause 24. – Wages
is from $17 divided by $511.70 = 3.32% (2005) and $20 divided by $528.70 equals 3.78% (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 and Clause 20. – Meal Money 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
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 - CLEANER
Clause |
A |
B |
C |
|
Clause 21. – Special Rates and Provisions |
$0.60 |
$0.64 |
|
|
Clause 22. – Support Wage System |
(3)(b) |
$58.80 |
$63.10 |
|
(9)(c) |
$58.80 |
$63.10 |
|
|
Clause 24. – Wages |
(2)(a) |
$19.75 |
$21.18 |
$21.20 |
(2)(b) |
$19.75 |
$21.18 |
$21.20 |
EXPENSE RELATED ALLOWANCES
CPI Meals Out and Take Away Food - Perth
Clause |
A |
B |
C |
Clause 9. – Overtime |
$9.20 |
$9.77 |
$9.75 |
Clause 20. – Meal Money |
$9.20 |
$9.77 |
$9.75 |