2007 WAIRC 00316
RECREATION CAMPS (DEPARTMENT FOR SPORT AND RECREATION) AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
THE HON MINISTER FOR SPORT & RECREATION
RESPONDENT
CORAM COMMISSIONER S M MAYMAN
DATE TUESDAY, 3 APRIL 2007
FILE NO APPL 152 OF 2006
CITATION NO. 2007 WAIRC 00316

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 Recreation Camps (Department for Sport and Recreation) 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 8. – Overtime:

(A) Delete subclause (9)(a) of this clause and insert the following in lieu thereof:

(9) (a) An employee required to work continuous overtime for more than one hour shall be supplied with a meal by the employer or be paid $9.75 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 be paid $5.70 for each meal so required.

(B) Delete subclause (9)(d) of this clause and insert the following in lieu thereof:

(d) An employee required to work continuously from midnight to 6.30 a.m. and ordered back to work at 8.00 a.m. on the same day shall be paid $5.00 for breakfast.


2. Clause 15. - Wages: Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) Supervision Allowance

Employees placed in charge of other employees shall be paid the following weekly allowance, or part thereof, in addition to the rate prescribed for the employee's class of work


$ per week

1 to 5 employees
9.20
6 to 10 employees
16.50
11 to 15 employees
20.55
16 to 20 employees
28.00
over 20 (for each additional employee)
0.33


3. Clause 17. – Special Rates and Conditions:

(A) Delete subclauses (1) and (2) of this clause and insert the following in lieu thereof:

(1) All employees called upon to clean toilet closets shall receive an allowance of 65 cents per closet per week and for these purposes, one metre of urinal shall count as one closet and three urinal stalls shall count as one closet.

(2) An employee who is the holder of an approved First Aid Certificate shall in addition to their normal rate of pay be paid an additional allowance of $2.25 per week.

(B) Delete subclause (4) of this clause and insert the following in lieu thereof:

(4) Mobile Wardens shall in addition to their normal rate of pay be paid an allowance of $81.65 per week to offset the costs associated with living in and maintaining a caravan. This allowance shall be reviewed on the 31st December each year. The adjustment to the rates shall be effective from the beginning of the first pay period to commence on or after the first day of January in each year.


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 Warden-in-Charge – 3rd year of employment.

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

· Clause 15. – Wages
· Clause 17. – Special Rates and Conditions

is 3.03% derived from $17 divided by $561.40 (2005) and 3.46% derived from $20 divided by $578.40 (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 8. - Overtime 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%, according to the formula:

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

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

EXPENSE RELATED ALLOWANCES

KEY MINIMUM CLASSIFICATION – WARDEN-IN-CHARGE – 3RD YEAR OF EMPLOYMENT

Clause
A
B
C
Clause 15. – Wages
(3)
$8.65
$15.50
$19.30
$26.25
$0.31
$9.20
$16.50
$20.55
$28.00
$0.33

Clause 17. – Special Rates and Conditions
(1)
(2)
(4)
$0.61
$2.11
$76.60
$0.65
$2.25
$81.65




CPI Meals Out and Take Away Food – Perth

Clause
A
B
C
Clause 8. – Overtime
(9)(a)

(d)
$9.20
$5.35
$4.70
$9.77
$5.68
$4.99
$9.75
$5.70
$5.00