The Shop, Distributive and Allied Employees' Association of Western Australia -v- The West Australian Hairdressers' and Wigmakers' Employees' Union of Workers
Document Type: Order
Matter Number: APPL 159/2006
Matter Description: Hairdressers Award 1989
Industry: Unions
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S Wood
Delivery Date: 22 Aug 2007
Result: Award varied
Citation: 2007 WAIRC 01017
WAIG Reference: 87 WAIG 2593
HAIRDRESSERS AWARD 1989
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION OF WESTERN AUSTRALIA
APPLICANT
-V-
THE WEST AUSTRALIAN HAIRDRESSERS' AND WIGMAKERS' EMPLOYEES' UNION OF WORKERS
RESPONDENT
CORAM COMMISSIONER S WOOD
DATE WEDNESDAY, 22 AUGUST 2007
FILE NO APPL 159 OF 2006
CITATION NO. 2007 WAIRC 01017
Result Award varied
Representation
APPLICANT MR T POPE
RESPONDENTS NO APPEARANCE
Order
HAVING heard Mr T Pope on behalf of the applicant and there being no appearance on behalf of any respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders:
THAT the Hairdressers Award 1989 as varied, be further varied in accordance with the following Schedule and that such variation shall have effect from the date of this order.
COMMISSIONER S WOOD
SCHEDULE
1. Clause 33. – Enterprise Bargaining: Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) The Union and the employers to whom this clause applies recognise that because of the variety of employers and types of enterprises covered by this award, circumstances may exist within the industry which are appropriately regulated by single enterprise agreements or by workplace agreements or, where more than one union has coverage of employees within a workplace, a part-workplace agreement binding only on all employees eligible for membership of The Shop, Distributive and Allied Employees’ Association of Western Australia.
2. Clause 36. – Disputes Procedure: Delete subclauses (2), (3) and (5) of this clause and insert the following in lieu thereof:
(2) In the first instance, the matter is to be raised by the employee or employees affected and the immediate supervisor for discussion.
The immediate supervisor shall review the matter in the light of the issues raised by the employee or employees. The immediate supervisor shall endeavour to accommodate the position of the employee or employees.
The employee or employees may be represented by a shop steward or official of The Shop, Distributive and Allied Employees’ Association of Western Australia.
(3) If the matter is not resolved through the procedure in subclause (2) above, the immediate supervisor, the employee or employees, or a shop steward or official of The Shop, Distributive and Allied Employees’ Association of Western Australia shall refer the matter to senior management for discussion.
Senior management shall review the matter in the light of the issues raised by the employee or employees. Senior management shall endeavour to accommodate the position of the employee or employees.
(5) The employer or The Shop, Distributive and Allied Employees’ Association of Western Australia may refer the matter to the Western Australian Industrial Relations Commission at any time provided that with effect from 22 November 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.
3. Second Schedule – Named Union Party:
Delete the words “the West Australian Hairdressers and Wigmakers Employees’ Union of Workers, WA” and insert in lieu thereof “The Shop, Distributive and Allied Employees’ Association of Western Australia”.
HAIRDRESSERS AWARD 1989
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES The Shop, Distributive and Allied Employees' Association of Western Australia
APPLICANT
-v-
The West Australian Hairdressers' and Wigmakers' Employees' Union of Workers
RESPONDENT
CORAM Commissioner S Wood
DATE WEDNESDAY, 22 August 2007
FILE NO APPL 159 OF 2006
CITATION NO. 2007 WAIRC 01017
Result Award varied
Representation
Applicant Mr T Pope
Respondents No appearance
Order
HAVING heard Mr T Pope on behalf of the applicant and there being no appearance on behalf of any respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders:
THAT the Hairdressers Award 1989 as varied, be further varied in accordance with the following Schedule and that such variation shall have effect from the date of this order.
Commissioner S Wood
SCHEDULE
1. Clause 33. – Enterprise Bargaining: Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) The Union and the employers to whom this clause applies recognise that because of the variety of employers and types of enterprises covered by this award, circumstances may exist within the industry which are appropriately regulated by single enterprise agreements or by workplace agreements or, where more than one union has coverage of employees within a workplace, a part-workplace agreement binding only on all employees eligible for membership of The Shop, Distributive and Allied Employees’ Association of Western Australia.
2. Clause 36. – Disputes Procedure: Delete subclauses (2), (3) and (5) of this clause and insert the following in lieu thereof:
(2) In the first instance, the matter is to be raised by the employee or employees affected and the immediate supervisor for discussion.
The immediate supervisor shall review the matter in the light of the issues raised by the employee or employees. The immediate supervisor shall endeavour to accommodate the position of the employee or employees.
The employee or employees may be represented by a shop steward or official of The Shop, Distributive and Allied Employees’ Association of Western Australia.
(3) If the matter is not resolved through the procedure in subclause (2) above, the immediate supervisor, the employee or employees, or a shop steward or official of The Shop, Distributive and Allied Employees’ Association of Western Australia shall refer the matter to senior management for discussion.
Senior management shall review the matter in the light of the issues raised by the employee or employees. Senior management shall endeavour to accommodate the position of the employee or employees.
(5) The employer or The Shop, Distributive and Allied Employees’ Association of Western Australia may refer the matter to the Western Australian Industrial Relations Commission at any time provided that with effect from 22 November 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.
3. Second Schedule – Named Union Party:
Delete the words “the West Australian Hairdressers and Wigmakers Employees’ Union of Workers, WA” and insert in lieu thereof “The Shop, Distributive and Allied Employees’ Association of Western Australia”.