Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Workers Union of Australia, Engineering & Electrical Div. -v- Hills Industries Ltd, Canberra Television Services, Indoor Amusement Games Co.

Document Type: Order

Matter Number: APPL 27/2008

Matter Description: Radio and Television Employees' Award

Industry: Communication Services

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner S J Kenner

Delivery Date: 1 Sep 2008

Result: Award varied

Citation: 2008 WAIRC 01312

WAIG Reference: 88 WAIG 1856

DOC | 64kB
2008 WAIRC 01312
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING, AND ALLIED WORKERS UNION OF AUSTRALIA, ENGINEERING & ELECTRICAL DIVISION
APPLICANT
-V-
HILLS INDUSTRIES LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S J KENNER
DATE MONDAY, 1 SEPTEMBER 2008
FILE NO/S APPL 27 OF 2008
CITATION NO. 2008 WAIRC 01312

Result Award varied
Representation
APPLICANT MR L EDMONDS

RESPONDENTS NO APPEARANCE


Order

HAVING heard Mr L Edmonds of counsel on behalf of the applicant and there being no appearance on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –
THAT the Radio and Television Employees’ Award (No. R 3 of 1980) be varied in accordance with the following schedule and that such variation shall have effect from the first pay period on or after the date of this order.




COMMISSIONER S J KENNER



SCHEDULE

1. Clause 9. – Overtime: Delete paragraph (f) of subclause (3) of this clause and insert in lieu thereof the following:

(f) Subject to the provisions of paragraph (g) of this subclause, an employee required to work overtime for more than two hours shall be supplied with a meal by the employer or be paid $10.70 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required he/she shall be supplied with each such meal by the employer or be paid $7.20 for each meal so required.


2. Clause 13. – Car Allowances: Delete subclause (3) of this clause and insert in lieu thereof the following:

(3) A year for the purpose of this Clause shall commence on 1 July and end on 30 June next following.

RATES OF HIRE FOR USE OF EMPLOYEE'S OWN VEHICLE
ON EMPLOYER'S BUSINESS
MOTOR CAR

AREA AND DETAILS
ENGINE DISPLACEMENT (IN CUBIC CENTIMETRES)





Over 2600cc
Over 1600cc -2600cc
1600cc & Under




Rate per Kilometre (Cents)







Metropolitan Area
76.8
68.6
59.7
South West Land Division
78.5
70.3
61.1
North of 23.5 ' South Latitude
86.3
77.4
67.6
Rest of the State
81.1
72.7
63.3
Motor Cycle (In All Areas)
26.3 cents per kilometre



3. Clause 14. –Distant Work: Delete subclause (4) of this clause and insert in lieu thereof the following:

(4) Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job the employee shall be provided with suitable transport to and from that job or be paid an allowance of $14.35 per day provided that where the time actually spent in travelling either to or from the job exceeds twenty minutes, that excess travelling time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.


4. Clause 29. – Wages: Delete subclauses (2) and (5) of this clause and insert in lieu thereof the following:

(2) Leading Hands:

In addition to the appropriate total wage prescribed in subclause (1) of this Clause a leading hand shall be paid:



$
(a)
If placed in charge of not less than three and more than ten other employees
26.00



(b)
If placed in charge of more than ten and not more than twenty other employees
39.60



(c)
If placed in charge of more than twenty other employees
51.00

(5) (a) Where an employer does not provide a Serviceperson, Installer, Assembler or an apprentice with the tools ordinarily required by that Serviceperson, Installer, Assembler or apprentice in the performance of his/her work as a Serviceperson, Installer, Assembler or as an apprentice the employer shall pay a tool allowance of:-

(i) $14.20 per week to such Serviceperson, Installer or Assembler; or

(ii) In the case of an apprentice a percentage of $14.20 being the percentage which appears against his/her year of apprenticeship in subclause (3) of this Clause,

for the purpose of such Serviceperson, Installer, Assembler or apprentice supplying and maintaining tools ordinarily required in the performance of their work as a Serviceperson, Installer, Assembler or apprentice.

(b) Any tool allowance paid pursuant to paragraph (a) of this subclause shall be included in, and form part of, the ordinary weekly wage prescribed in this Clause.

(c) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments.

(d) A tradesperson or apprentice shall replace or pay for any tools supplied by their employer if lost through their negligence.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Workers Union of Australia, Engineering & Electrical Div. -v- Hills Industries Ltd, Canberra Television Services, Indoor Amusement Games Co.

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Workers Union of Australia, Engineering & Electrical Division

APPLICANT

-v-

Hills Industries Ltd and others

RESPONDENTS

CORAM Commissioner S J Kenner

DATE monday, 1 September 2008

FILE NO/S APPL 27 OF 2008

CITATION NO. 2008 WAIRC 01312

 

Result Award varied

Representation

Applicant Mr L Edmonds

 

Respondents No appearance

 

 

Order

 

HAVING heard Mr L Edmonds of counsel on behalf of the applicant and there being no appearance on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –

THAT the Radio and Television Employees’ Award (No. R 3 of 1980) be varied in accordance with the following schedule and that such variation shall have effect from the first pay period on or after the date of this order.

 

 

 

 

Commissioner S J Kenner

 

 


SCHEDULE

 

1. Clause 9. – Overtime: Delete paragraph (f) of subclause (3) of this clause and insert in lieu thereof the following:

 

(f) Subject to the provisions of paragraph (g) of this subclause, an employee required to work overtime for more than two hours shall be supplied with a meal by the employer or be paid $10.70 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required he/she shall be supplied with each such meal by the employer or be paid $7.20 for each meal so required.

 

 

2. Clause 13. – Car Allowances: Delete subclause (3) of this clause and insert in lieu thereof the following:

 

(3) A year for the purpose of this Clause shall commence on 1 July and end on 30 June next following.

 

RATES OF HIRE FOR USE OF EMPLOYEE'S OWN VEHICLE

ON EMPLOYER'S BUSINESS

MOTOR CAR

 

AREA AND DETAILS

ENGINE DISPLACEMENT (IN CUBIC CENTIMETRES)

 

 

 

 

 

Over 2600cc

Over 1600cc -2600cc

1600cc & Under

 

 

 

 

Rate per Kilometre (Cents)

 

 

 

 

 

 

 

Metropolitan Area

76.8

68.6

59.7

South West Land Division

78.5

70.3

61.1

North of 23.5 ' South Latitude

86.3

77.4

67.6

Rest of the State

81.1

72.7

63.3

Motor Cycle (In All Areas)

26.3 cents per kilometre

 

 

 

3. Clause 14. –Distant Work: Delete subclause (4) of this clause and insert in lieu thereof the following:

 

(4) Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job the employee shall be provided with suitable transport to and from that job or be paid an allowance of $14.35 per day provided that where the time actually spent in travelling either to or from the job exceeds twenty minutes, that excess travelling time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.

 

 

4. Clause 29. – Wages: Delete subclauses (2) and (5) of this clause and insert in lieu thereof the following:

 

(2) Leading Hands:

 

In addition to the appropriate total wage prescribed in subclause (1) of this Clause a leading hand shall be paid:

 

 

 

$

(a)

If placed in charge of not less than three and more than ten other employees

26.00

 

 

 

(b)

If placed in charge of more than ten and not more than twenty other employees

39.60

 

 

 

(c)

If placed in charge of more than twenty other employees

51.00

 

(5) (a) Where an employer does not provide a Serviceperson, Installer, Assembler or an apprentice with the tools ordinarily required by that Serviceperson, Installer, Assembler or apprentice in the performance of his/her work as a Serviceperson, Installer, Assembler or as an apprentice the employer shall pay a tool allowance of:-

 

(i) $14.20 per week to such Serviceperson, Installer or Assembler; or

 

(ii) In the case of an apprentice a percentage of $14.20 being the percentage which appears against his/her year of apprenticeship in subclause (3) of this Clause,

 

for the purpose of such Serviceperson, Installer, Assembler or apprentice supplying and maintaining tools ordinarily required in the performance of their work as a Serviceperson, Installer, Assembler or apprentice.

 

(b) Any tool allowance paid pursuant to paragraph (a) of this subclause shall be included in, and form part of, the ordinary weekly wage prescribed in this Clause.

 

(c) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments.

 

(d) A tradesperson or apprentice shall replace or pay for any tools supplied by their employer if lost through their negligence.