Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Wormald Security, Canine Security and Alsation Watch Patrol, Mayne Nickless Limited
Document Type: Order
Matter Number: APPL 96/2006
Matter Description: Security Officers' Award
Industry: Security
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S M Mayman
Delivery Date: 17 Apr 2007
Result: Award varied
Citation: 2007 WAIRC 00393
WAIG Reference: 87 WAIG 754
SECURITY OFFICERS' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
WORMALD SECURITY AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S M MAYMAN
DATE MONDAY, 23 APRIL 2007
FILE NO APPL 96 OF 2006
CITATION NO. 2007 WAIRC 00393
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 Security Officers' 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 15. – Overtime: Delete subclause (2) of this clause and insert the following in lieu thereof:
(2) An officer required to work in excess of one hour after completion of his/her ordinary shift, without being notified before the completion of the previous day or shift, shall be paid a meal allowance of $9.40. A further meal allowance of $6.35 shall be paid on the completion of each additional four hours’ overtime worked.
2. Clause 20. – Allowances and Conditions:
(A) Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) Work Related Allowances
Officers who meet the following requirements shall be paid the following allowances in addition to their wages:
(a) Security Officers and above who are required to possess a recognised first aid certificate as a condition of employment, $9.70 per week. If an employee, at the request of his/her employer, attends a course of training the employer shall pay for the actual cost of the course and textbook expenses.
(b) Security Officers required to carry firearms in the performance of their duties, $15.10 per week, or $3.00 per day for each day a firearm is carried.
(c) Security Officers who are required to drive emergency vehicles, $4.10 per day for each day that a vehicle is driven in an emergency situation.
(d) Security Officers who are required to attend and reset alarm panels, $6.05 per week or $1.25 per day in the case of employees who work part-time or casual.
(e) Security Officers required to hold a licence in accordance with the provisions of the Security and Related Activities (Control) Act 1996 must have, in the second and subsequent years of employment 50% of the cost of each annual licence renewal reimbursed by the employer.
(f) Where an officer is required to carry a torch, a suitable torch shall be provided and maintained in working order by the employer or an allowance of $3.11 per week (or 62 cents per day) shall be paid where a torch is required.
(g) Aviation Security Allowance
(i) An allowance of $1.04 per hour shall be payable to employees engaged in Aviation Security at the Perth International and Domestic Terminals, or any facility within the Westralia Airports Corporation (Perth Airport) boundary.
(ii) For the purpose of this clause, Aviation Security means the provision of security services including, but not limited to, passenger, goods and/or baggage security including checked baggage screening services, control room functions, guarding and controlling access to designated areas, and of security persons, property and buildings.
(iii) Aviation Security does not include traffic control (including kerbside traffic management), car parking services, or any other function for which a valid security licence is not required.
(h) Standing-by Allowance
An employee required to hold himself/herself in readiness to work after ordinary hours shall until released be paid standing-by time at ordinary rates from the time which he/she is so to hold himself/herself in readiness.
(i) Broken Shift Allowance
Where employees are required to perform their ordinary hours of duty in more than one continuous period on one day or shift, such employees shall be paid $5.76 per shift in addition to any other wage and allowances prescribed by this Award.
(B) Delete subclause (2)(b) of this clause and insert the following in lieu thereof:
(b) Rates of hire for use of employee’s own vehicle on employer’s business:
(i) Motor Vehicle Allowance
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
71.6
Rest of the State
86.8
75.3
66.8
* Motor vehicles with rotary engines are to be included in the 1600-2600cc category
(ii) Motor Cycle Allowance
In all areas of the State, the motor cycle allowance will be 28.2 cents per kilometre
3. Clause 21. – Classification Structure and Wage Rates: Delete subclause (4) of this clause and insert the following in lieu thereof:
(4) Senior Officials:
Any officer placed in charge of other officers shall be paid in addition to the appropriate wage prescribed, the following:
Per Week
$
(a)
if placed in charge of not less than 3 and not more than 10 other officers
24.55
(b)
if placed in charge of not less than 10 and not more than 20 other officers
37.70
(c)
if placed in charge of more than 20 other officers
48.35
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 Security Officers Grade 1.
2. For Work Related Allowances – the percentage increase in:
· Clause 20. – Allowances and Conditions
· Clause 21. – Classification Structure and Wage Rates
is derived from $17 divided by $506.60 equals 3.36% (2005) and $20 divided by $523.60 equals 3.82% (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 15. - Overtime has been varied for the CPI Meals Out and Take Away Foods – Perth for the period December 2004 to June 2006 giving the percentage of 6.19%.
June 2006
171.0
X
100
=
6.19%
December 2004
161.5
1
CPI Meals Out and Take Away Foods - Perth
· Clause 20. – Allowances and Conditions, subclause (2)(b) has been varied for the CPI (Private Motoring Perth) for the period December 2004 to June 2006 giving the percentage of 8.50%.
Calculations are therefore:
June 2006
157.0
X
100
=
8.50%
December 2004
144.7
1
CPI Private Motoring – Motor Vehicles – Perth
4. This application seeks to correct the following mistypes in the Order for Application 637 of 2003 (2005 WAIRC 00646):
· Clause 15(2). – Overtime. The meal allowance of $8.55 should have been $8.85, as per the basis for the variations incorporated at the end of the Order.
· Clause 25. – Fares and Travelling. The allowance for a 1600-2600cc vehicle in the South West Land Division of 37.2 cents should have been 67.2 cents.
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 – SECURITY OFFICER GRADE 1
Clause
A
B
C
Clause 20. – Allowances and Conditions
(1)(a)
(b)
(c)
(d)
(f)
$9.05
$14.10
$2.80
$3.80
$5.65
$1.15
$2.90
$0.58
$9.71
$15.11
$3.01
$4.10
$6.07
$1.25
$3.11
$0.62
$9.70
$15.10
$3.00
$6.05
Clause 21. – Classification Structure and Wage Rates
(4)(a)
(b)
(c)
$22.90
$35.10
$45.05
$24.55
$37.69
$48.33
$37.70
$48.35
EXPENSE RELATED ALLOWANCES
Clause
A
B
C
Clause 15. – Overtime (2)
$8.85
(with correction to 637/03)
$6.00
$9.40
$6.37
$6.35
CPI Meals Out and Take Away Food – Perth
SECURITY OFFICERS' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch
APPLICANT
-v-
Wormald Security and Others
RESPONDENTS
CORAM Commissioner S M Mayman
DATE MONDAY, 23 APRIL 2007
FILE NO APPL 96 OF 2006
CITATION NO. 2007 WAIRC 00393
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 Security Officers' 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 15. – Overtime: Delete subclause (2) of this clause and insert the following in lieu thereof:
(2) An officer required to work in excess of one hour after completion of his/her ordinary shift, without being notified before the completion of the previous day or shift, shall be paid a meal allowance of $9.40. A further meal allowance of $6.35 shall be paid on the completion of each additional four hours’ overtime worked.
2. Clause 20. – Allowances and Conditions:
(A) Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) Work Related Allowances
Officers who meet the following requirements shall be paid the following allowances in addition to their wages:
(a) Security Officers and above who are required to possess a recognised first aid certificate as a condition of employment, $9.70 per week. If an employee, at the request of his/her employer, attends a course of training the employer shall pay for the actual cost of the course and textbook expenses.
(b) Security Officers required to carry firearms in the performance of their duties, $15.10 per week, or $3.00 per day for each day a firearm is carried.
(c) Security Officers who are required to drive emergency vehicles, $4.10 per day for each day that a vehicle is driven in an emergency situation.
(d) Security Officers who are required to attend and reset alarm panels, $6.05 per week or $1.25 per day in the case of employees who work part-time or casual.
(e) Security Officers required to hold a licence in accordance with the provisions of the Security and Related Activities (Control) Act 1996 must have, in the second and subsequent years of employment 50% of the cost of each annual licence renewal reimbursed by the employer.
(f) Where an officer is required to carry a torch, a suitable torch shall be provided and maintained in working order by the employer or an allowance of $3.11 per week (or 62 cents per day) shall be paid where a torch is required.
(g) Aviation Security Allowance
(i) An allowance of $1.04 per hour shall be payable to employees engaged in Aviation Security at the Perth International and Domestic Terminals, or any facility within the Westralia Airports Corporation (Perth Airport) boundary.
(ii) For the purpose of this clause, Aviation Security means the provision of security services including, but not limited to, passenger, goods and/or baggage security including checked baggage screening services, control room functions, guarding and controlling access to designated areas, and of security persons, property and buildings.
(iii) Aviation Security does not include traffic control (including kerbside traffic management), car parking services, or any other function for which a valid security licence is not required.
(h) Standing-by Allowance
An employee required to hold himself/herself in readiness to work after ordinary hours shall until released be paid standing-by time at ordinary rates from the time which he/she is so to hold himself/herself in readiness.
(i) Broken Shift Allowance
Where employees are required to perform their ordinary hours of duty in more than one continuous period on one day or shift, such employees shall be paid $5.76 per shift in addition to any other wage and allowances prescribed by this Award.
(B) Delete subclause (2)(b) of this clause and insert the following in lieu thereof:
(b) Rates of hire for use of employee’s own vehicle on employer’s business:
(i) Motor Vehicle Allowance
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 |
71.6 |
|
|
|
|
Rest of the State |
86.8 |
75.3 |
66.8 |
|
|
|
|
* Motor vehicles with rotary engines are to be included in the 1600-2600cc category
(ii) Motor Cycle Allowance
In all areas of the State, the motor cycle allowance will be 28.2 cents per kilometre
3. Clause 21. – Classification Structure and Wage Rates: Delete subclause (4) of this clause and insert the following in lieu thereof:
(4) Senior Officials:
Any officer placed in charge of other officers shall be paid in addition to the appropriate wage prescribed, the following:
|
|
Per Week $
|
(a) |
if placed in charge of not less than 3 and not more than 10 other officers |
24.55 |
(b) |
if placed in charge of not less than 10 and not more than 20 other officers |
37.70 |
(c) |
if placed in charge of more than 20 other officers |
48.35 |
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 Security Officers Grade 1.
2. For Work Related Allowances – the percentage increase in:
- Clause 20. – Allowances and Conditions
- Clause 21. – Classification Structure and Wage Rates
is derived from $17 divided by $506.60 equals 3.36% (2005) and $20 divided by $523.60 equals 3.82% (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 15. - Overtime has been varied for the CPI Meals Out and Take Away Foods – Perth for the period December 2004 to June 2006 giving the percentage of 6.19%.
June 2006 |
171.0 |
X |
100 |
= |
6.19% |
December 2004 |
161.5 |
1 |
CPI Meals Out and Take Away Foods - Perth
- Clause 20. – Allowances and Conditions, subclause (2)(b) has been varied for the CPI (Private Motoring Perth) for the period December 2004 to June 2006 giving the percentage of 8.50%.
Calculations are therefore:
June 2006 |
157.0 |
X |
100 |
= |
8.50% |
December 2004 |
144.7 |
1 |
CPI Private Motoring – Motor Vehicles – Perth
4. This application seeks to correct the following mistypes in the Order for Application 637 of 2003 (2005 WAIRC 00646):
- Clause 15(2). – Overtime. The meal allowance of $8.55 should have been $8.85, as per the basis for the variations incorporated at the end of the Order.
- Clause 25. – Fares and Travelling. The allowance for a 1600-2600cc vehicle in the South West Land Division of 37.2 cents should have been 67.2 cents.
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 – SECURITY OFFICER GRADE 1
Clause |
A |
B |
C |
|
Clause 20. – Allowances and Conditions |
(1)(a) (b)
(c) (d)
(f)
|
$9.05 $14.10 $2.80 $3.80 $5.65 $1.15 $2.90 $0.58 |
$9.71 $15.11 $3.01 $4.10 $6.07 $1.25 $3.11 $0.62 |
$9.70 $15.10 $3.00
$6.05
|
Clause 21. – Classification Structure and Wage Rates |
(4)(a) (b) (c) |
$22.90 $35.10 $45.05 |
$24.55 $37.69 $48.33 |
$37.70 $48.35 |
EXPENSE RELATED ALLOWANCES
Clause |
A |
B |
C |
Clause 15. – Overtime (2) |
$8.85 (with correction to 637/03) $6.00 |
$9.40
$6.37 |
$6.35 |
CPI Meals Out and Take Away Food – Perth