Liquor, Hospitality and Miscellaneous Union -v- The Minister for Primary Industry, The Minister for Community Development, The Minister for Education

Document Type: Order

Matter Number: APPL 63/2008

Matter Description: Catering Employees and Tea Attendants (Government) Award 1982

Industry: Catering

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner S Wood

Delivery Date: 29 Oct 2008

Result: Award varied

Citation: 2008 WAIRC 01535

WAIG Reference: 88 WAIG 2114

DOC | 63kB
2008 WAIRC 01535
CATERING EMPLOYEES AND TEA ATTENDANTS (GOVERNMENT) AWARD 1982
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION
APPLICANT
-V-
THE MINISTER FOR PRIMARY INDUSTRY AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE WEDNESDAY, 29 OCTOBER 2008
FILE NO APPL 63 OF 2008
CITATION NO. 2008 WAIRC 01535

Result Award varied
Representation


APPLICANT MS C PULLEN

RESPONDENTS MR A HARPER


Order
HAVING heard Ms C Pullen on behalf of the applicant and Mr A Harper on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, and by consent, hereby orders:

THAT the Catering Employees and Tea Attendants (Government) Award 1982 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 9. – Additional Rates for Ordinary Hours: Delete subclause (1) and (2) of this clause and insert the following in lieu thereof:

(1) A full-time or part-time employee who is required to work any ordinary hours between 7.00pm and 7.00am Monday to Friday, inclusive, shall be paid, in addition to the appropriate wage set out in Clause 22. - Wages, an additional payment equivalent to 15% of the wages paid for the time so worked with a minimum payment of $3.30 per day.

(2) An employee who is required to work any of his ordinary hours on any day in more than one period of employ and other than for meal breaks as prescribed by Clause 13. - Meal Breaks of this award, shall be paid an allowance of $2.85 per day, for such broken work period worked.


2. Clause 14. – Meal Money: Delete this clause and insert the following in lieu thereof:

14. - MEAL MONEY

When an employee is required to work overtime for more than one hour on any day, he or she will either be supplied with a substantial meal by the employer or be paid $11.10 meal money.


3. Clause 22. – Wages: Delete subclauses (2) and (3) of this clause and insert the following in lieu thereof:

(2) In addition to the above wage rates service pay will be paid for each year of service at the following rates per week:


$


Year 1
84.60
Year 2
92.40
Year 3 and thereafter
99.30

(3) Leading Hands -

An employee (other than a Chef) who is appointed and placed in charge of other employees by the employer shall be paid the following rates in addition to his or her normal wage per week:-



$
(a)
If placed in charge of less than six employees
14.10



(b)
If placed in charge of six to ten employees
18.90



(c)
If placed in charge of 11 to 20 employees
21.70



(d)
If placed in charge of more than 20 employees
36.50


4. Clause 25. – Bar Work: Delete this clause and insert the following in lieu thereof:

25. - BAR WORK

Any employee other than a Bar Attendant, who in addition to their normal duties is required to dispense liquor from a bar, shall be paid a flat rate of $1.10 cents per day in addition to the rate prescribed for such normal duties.



5. Clause 27. – Uniforms and Laundering: Delete this clause and insert the following in lieu thereof:

27. - UNIFORMS AND LAUNDERING

Where uniforms are required to be worn by the employer they shall be supplied and laundered by the employer and remain the property of the employer, provided that in lieu of the employer laundering same, the employee shall be paid $3.90 per week for such laundering. Provided further that any employee employed as a Cook shall be paid $5.70 per week for laundering.


6. Clause 28. – Protective Clothing: Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Employees who are required to wash dishes, or otherwise handle detergents, acids, soaps or any injurious substances, shall be supplied with rubber gloves free of charge by the employer, or be paid an allowance of $1.80 per week in lieu.


7. Clause 29. – Employees Equipment: Delete this clause and insert the following in lieu thereof:

29. - EMPLOYEE'S EQUIPMENT

All knives, choppers, tools, brushes, towels and other utensils, implements and material which may be required to be used by the employee for the purpose of carrying out their duties, shall be supplied by the employer free of charge.

Provided that where an employee is required by the employer to use his own knives he shall be paid an allowance of $10.20 per week.




Liquor, Hospitality and Miscellaneous Union -v- The Minister for Primary Industry, The Minister for Community Development, The Minister for Education

CATERING EMPLOYEES AND TEA ATTENDANTS (GOVERNMENT) AWARD 1982

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Liquor, Hospitality and Miscellaneous Union

APPLICANT

-v-

The Minister for Primary Industry and others

RESPONDENTS

CORAM Commissioner S Wood

DATE wednesday, 29 october 2008

FILE NO APPL 63 OF 2008

CITATION NO. 2008 WAIRC 01535

 

Result Award varied

Representation

 


Applicant Ms C Pullen

 

Respondents Mr A Harper

 

 

Order

HAVING heard Ms C Pullen on behalf of the applicant and Mr A Harper on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, and by consent, hereby orders:

 

THAT the Catering Employees and Tea Attendants (Government) Award 1982 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 9. – Additional Rates for Ordinary Hours: Delete subclause (1) and (2) of this clause and insert the following in lieu thereof:

 

(1) A full-time or part-time employee who is required to work any ordinary hours between 7.00pm and 7.00am Monday to Friday, inclusive, shall be paid, in addition to the appropriate wage set out in Clause 22. - Wages, an additional payment equivalent to 15% of the wages paid for the time so worked with a minimum payment of $3.30 per day.

 

(2) An employee who is required to work any of his ordinary hours on any day in more than one period of employ and other than for meal breaks as prescribed by Clause 13. - Meal Breaks of this award, shall be paid an allowance of $2.85 per day, for such broken work period worked.

 

 

2. Clause 14. – Meal Money: Delete this clause and insert the following in lieu thereof:

 

14. - MEAL MONEY

 

When an employee is required to work overtime for more than one hour on any day, he or she will either be supplied with a substantial meal by the employer or be paid $11.10 meal money.

 

 

3.  Clause 22. – Wages: Delete subclauses (2) and (3) of this clause and insert the following in lieu thereof:

 

(2) In addition to the above wage rates service pay will be paid for each year of service at the following rates per week:

 

 

$

 

 

Year 1

84.60

Year 2

92.40

Year 3 and thereafter

99.30

 

(3) Leading Hands -

 

An employee (other than a Chef) who is appointed and placed in charge of other employees by the employer shall be paid the following rates in addition to his or her normal wage per week:-

 

 

 

$

(a)

If placed in charge of less than six employees

14.10

 

 

 

(b)

If placed in charge of six to ten employees

18.90

 

 

 

(c)

If placed in charge of 11 to 20 employees

21.70

 

 

 

(d)

If placed in charge of more than 20 employees

36.50

 

 

4. Clause 25. – Bar Work: Delete this clause and insert the following in lieu thereof:

 

25. - BAR WORK

 

Any employee other than a Bar Attendant, who in addition to their normal duties is required to dispense liquor from a bar, shall be paid a flat rate of $1.10 cents per day in addition to the rate prescribed for such normal duties.

 

 

 

5. Clause 27. – Uniforms and Laundering: Delete this clause and insert the following in lieu thereof:

 

27. - UNIFORMS AND LAUNDERING

 

Where uniforms are required to be worn by the employer they shall be supplied and laundered by the employer and remain the property of the employer, provided that in lieu of the employer laundering same, the employee shall be paid $3.90 per week for such laundering.  Provided further that any employee employed as a Cook shall be paid $5.70 per week for laundering.

 

 

6. Clause 28. – Protective Clothing: Delete subclause (1) of this clause and insert the following in lieu thereof:

 

(1) Employees who are required to wash dishes, or otherwise handle detergents, acids, soaps or any injurious substances, shall be supplied with rubber gloves free of charge by the employer, or be paid an allowance of $1.80 per week in lieu.

 

 

7. Clause 29. – Employees Equipment: Delete this clause and insert the following in lieu thereof:

 

29. - EMPLOYEE'S EQUIPMENT

 

All knives, choppers, tools, brushes, towels and other utensils, implements and material which may be required to be used by the employee for the purpose of carrying out their duties, shall be supplied by the employer free of charge.

 

Provided that where an employee is required by the employer to use his own knives he shall be paid an allowance of $10.20 per week.