The Shop, Distributive and Allied Employees' Association of Western Australia -v- Como Liquor Store, Wine Mine Pty Ltd, Balcatta Liquor Store
Document Type: Order
Matter Number: APPL 84/2007
Matter Description: Licensed Establishments (Retail and Wholesale) Award 1979
Industry: Beverage
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S Wood
Delivery Date: 18 Oct 2007
Result: Award varied
Citation: 2007 WAIRC 01178
WAIG Reference: 87 WAIG 2916
LICENSED ESTABLISHMENTS (RETAIL AND WHOLESALE) AWARD 1979
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION OF WESTERN AUSTRALIA
APPLICANT
-V-
COMO LIQUOR STORE AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE THURSDAY, 18 OCTOBER 2007
FILE NO APPL 84 OF 2007
CITATION NO. 2007 WAIRC 01178
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 the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders:
THAT the Licensed Establishments (Retail and Wholesale) Award 1979 as varied, be further varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the date of this order.
COMMISSIONER S WOOD
SCHEDULE
1. Clause 10. – Meal Times and Meal Allowance:
A. Delete subclause (2) of Part I of this clause and insert the following in lieu thereof:
(2) When an employee is required to continue working after the usual finishing time for more than one hour he/she shall be paid $10.50 for the purchase of any meal required.
B. Delete subclause (3) of Part II of this clause and insert the following in lieu thereof:
(3) When an employee is required to continue working after the usual finishing time for more than one hour he/she shall be paid $10.50 for the purchase of any meal required.
2. Clause 21. – Wages: Delete Part IV of this clause and insert the following in lieu thereof:
PART IV - ADDITIONAL PAYMENTS
In addition to the rates prescribed elsewhere in this clause the following allowances and rates shall be paid to a worker where applicable.
(1) (a) An employee required to operate a ride-on power operated tow motor, a ride-on power operated pallet truck or a walk beside power operated high lift stacker in the performance of his/her duties shall be paid an additional 51 cents per hour whilst so engaged.
(b) An employee required to operate a ride-on operated fork lift, high lift stacker or high lift stock picker or a power operated overhead traversing hoist in the performance of his/her duties shall be paid an additional 71 cents per hour whilst so engaged.
(c) The allowances prescribed by this subclause shall not be payable to an employee engaged, and paid, as a "Storeman Operator Grade I" or a "Storeman Operator Grade II".
(2) (a) A worker shall receive an additional payment for every hour of which he spends 20 minutes or more in a cold chamber in accordance with the following:
In a cold chamber in which the temperature is:
(i) Below 0 degrees Celsius to - 20 degrees Celsius 76 cents per hour.
(ii) Below - 20 degrees Celsius to - 25 degrees Celsius 89 cents per hour
(iii) Below - 25 degrees Celsius, $1.02 per hour.
(b) Employees required to work in temperatures less than - 18.9 degrees Celsius shall be medically examined at the employer's expense.
3. Clause 22. – Motor Vehicle Allowance: Delete this clause and insert the following in lieu thereof:
Where a worker maintains a motor vehicle and is authorised by the employer to use the vehicle in the performance of his duties, he shall be paid in accordance with the following schedule:
AREA AND DETAILS
ENGINE DISPLACEMENT
(IN CUBIC CENTIMETRES)
RATE PER KILOMETRE (CENTS)
Distance Travelled Each Year on Employer’s Business
Over 2600cc
Over1600cc - 2600cc
1600cc & Under
Metropolitan Area
73.7
66.0
57.4
South West Land Division
75.4
67.7
58.9
North of 23.5 Degree South Latitude
82.9
74.7
64.9
Rest of the State
78.0
69.8
60.7
Motor Cycle (in all areas)
25.4 cents per kilometre
LICENSED ESTABLISHMENTS (RETAIL AND WHOLESALE) AWARD 1979
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES The Shop, Distributive and Allied Employees' Association of Western Australia
APPLICANT
-v-
Como Liquor Store and Others
RESPONDENTS
CORAM Commissioner S Wood
DATE THURSDAY, 18 OCTOBER 2007
FILE NO APPL 84 OF 2007
CITATION NO. 2007 WAIRC 01178
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 the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders:
THAT the Licensed Establishments (Retail and Wholesale) Award 1979 as varied, be further varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the date of this order.
Commissioner S Wood
SCHEDULE
1. Clause 10. – Meal Times and Meal Allowance:
A. Delete subclause (2) of Part I of this clause and insert the following in lieu thereof:
(2) When an employee is required to continue working after the usual finishing time for more than one hour he/she shall be paid $10.50 for the purchase of any meal required.
B. Delete subclause (3) of Part II of this clause and insert the following in lieu thereof:
(3) When an employee is required to continue working after the usual finishing time for more than one hour he/she shall be paid $10.50 for the purchase of any meal required.
2. Clause 21. – Wages: Delete Part IV of this clause and insert the following in lieu thereof:
PART IV - ADDITIONAL PAYMENTS
In addition to the rates prescribed elsewhere in this clause the following allowances and rates shall be paid to a worker where applicable.
(1) (a) An employee required to operate a ride-on power operated tow motor, a ride-on power operated pallet truck or a walk beside power operated high lift stacker in the performance of his/her duties shall be paid an additional 51 cents per hour whilst so engaged.
(b) An employee required to operate a ride-on operated fork lift, high lift stacker or high lift stock picker or a power operated overhead traversing hoist in the performance of his/her duties shall be paid an additional 71 cents per hour whilst so engaged.
(c) The allowances prescribed by this subclause shall not be payable to an employee engaged, and paid, as a "Storeman Operator Grade I" or a "Storeman Operator Grade II".
(2) (a) A worker shall receive an additional payment for every hour of which he spends 20 minutes or more in a cold chamber in accordance with the following:
In a cold chamber in which the temperature is:
(i) Below 0 degrees Celsius to - 20 degrees Celsius 76 cents per hour.
(ii) Below - 20 degrees Celsius to - 25 degrees Celsius 89 cents per hour
(iii) Below - 25 degrees Celsius, $1.02 per hour.
(b) Employees required to work in temperatures less than - 18.9 degrees Celsius shall be medically examined at the employer's expense.
3. Clause 22. – Motor Vehicle Allowance: Delete this clause and insert the following in lieu thereof:
Where a worker maintains a motor vehicle and is authorised by the employer to use the vehicle in the performance of his duties, he shall be paid in accordance with the following schedule:
AREA AND DETAILS |
ENGINE DISPLACEMENT (IN CUBIC CENTIMETRES) RATE PER KILOMETRE (CENTS) |
||
|
|||
Distance Travelled Each Year on Employer’s Business |
Over 2600cc |
Over1600cc - 2600cc |
1600cc & Under |
Metropolitan Area |
73.7 |
66.0 |
57.4 |
South West Land Division |
75.4 |
67.7 |
58.9 |
North of 23.5 Degree South Latitude |
82.9 |
74.7 |
64.9 |
Rest of the State |
78.0 |
69.8 |
60.7 |
Motor Cycle (in all areas) |
25.4 cents per kilometre |