Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Coca Cola Bottlers (Perth) Pty Ltd, Aerated Water Manufacturing and/or DealingCoca-Cola Bottlers (Perth) Pty Ltd, Montgomery Anderson & Conway
Document Type: Order
Matter Number: APPL 67/2008
Matter Description: Cleaners and Caretakers Award, 1969
Industry: Cleaning
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S Wood
Delivery Date: 29 Oct 2008
Result: Award varied
Citation: 2008 WAIRC 01536
WAIG Reference: 88 WAIG 2115
CLEANERS AND CARETAKERS AWARD, 1969
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
COCA COLA BOTTLERS (PERTH) PTY LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE WEDNESDAY, 29 OCTOBER 2008
FILE NO APPL 67 OF 2008
CITATION NO. 2008 WAIRC 01536
Result Award varied
Representation
APPLICANT MS C PULLEN
RESPONDENTS NO APPEARANCE
Order
HAVING heard Ms C Pullen 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 Cleaners and Caretakers Award, 1969 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 13 – Overtime: Delete paragraph (a) of subclause (4) of this clause and insert the following in lieu thereof:
(4) (a) Subject to the provisions of paragraph (b) 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 $9.05 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with such meal by the employer or paid $6.20 for each meal so required.
2. Clause 20 – Special Rates and Conditions:
A Delete paragraphs (a) and (b) of subclause (8) of this clause and insert the following in lieu thereof:
(a) Washing towels, 38 cents each.
(b) Washing dusters, 28 cents each.
B. Delete subclause (10) of this clause and insert in lieu thereof the following:
(10) (a) Where it is necessary to go wholly outside a building to clean windows an employee shall, if such cleaning be 15.5 metres or more from the nearest horizontal plane, be paid an allowance of $2.80 per day.
(b) Where an employee is required to clean windows from a swinging scaffold or similar device he/she shall be paid 47 cents per hour extra for every hour or part thereof so worked.
C. Delete subclause (11) of this clause and insert in lieu thereof the following:
(11) Where an employee is required to carry out the ordinary hours of duty per day in more than one shift and where the break is not less than three hours, an allowance of $3.15 per day shall be paid. This allowance shall not apply to caretakers.
D. Delete subclause (15) of this clause and insert in lieu thereof the following:
(15) All employees called upon to clean closets connected with septic tanks and sewerage shall receive an allowance as follows:
Per Week $
(a)
five closets or greater but less than ten closets per day
4.40
(b)
ten closets or greater but less than 30 closets per day
13.10
(c)
30 closets or greater but less than 50 closets per day
26.10
(d)
50 closets or greater per day
32.70
For the purpose of this clause one metre of urinal shall count as one closet and three urinal stalls shall count as one closet
E. Delete paragraph (c) of subclause (17) of this clause and insert in lieu thereof the following:
(c) A year for the purpose of this clause shall commence on the 1st day of July and end on the 30th day of June next following.
Rates of hire for use of employee's own vehicle on employer's business:
Schedule 1 - Motor Vehicle Allowance
Area Details
Engine Displacement (in cubic centimetres)
Over 2600cc
OVER 1600CC - & 2600CC
1600cc Under
Rate per kilometre (Cents)
Metropolitan Area
88.4
76.9
68.0
South West Land Division
90.9
78.9
70.1
North of 23.5º South Latitude
99.7
86.9
77.4
Rest of the State
93.8
81.5
72.3
Motor vehicles with rotary engines are to be included in the 1600-2600cc category.
Schedule 2 - Motor Cycle Allowance
Distance travelled during a year on Official Business
Rate per Kilometre (Cents)
All areas of the State
30.5
3. Clause 22 – Wages: Delete subclause (3) of this clause and insert the following in lieu thereof:
(3) Leading Hands: Any employee in charge of other employees shall be paid in addition to the appropriate wage prescribed, the following:
$
(a)
if placed in charge of not less than three and not more than six other employees
14.20
(b)
if placed in charge of not less than six and not more than ten other employees
25.30
(c)
if placed in charge of not less than ten and not more than 15 other employees
31.60
(d)
if placed in charge of not less than 15 and not more than 20 other employees
38.40
(e)
if placed in charge of more than 20 other employees
49.50
CLEANERS AND CARETAKERS AWARD, 1969
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch
APPLICANT
-v-
Coca Cola Bottlers (Perth) Pty Ltd and others
RESPONDENTS
CORAM Commissioner S Wood
DATE wednesday, 29 october 2008
FILE NO APPL 67 OF 2008
CITATION NO. 2008 WAIRC 01536
Result Award varied
Representation
Applicant Ms C Pullen
Respondents No appearance
Order
HAVING heard Ms C Pullen 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 Cleaners and Caretakers Award, 1969 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 13 – Overtime: Delete paragraph (a) of subclause (4) of this clause and insert the following in lieu thereof:
(4) (a) Subject to the provisions of paragraph (b) 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 $9.05 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with such meal by the employer or paid $6.20 for each meal so required.
2. Clause 20 – Special Rates and Conditions:
A Delete paragraphs (a) and (b) of subclause (8) of this clause and insert the following in lieu thereof:
(a) Washing towels, 38 cents each.
(b) Washing dusters, 28 cents each.
B. Delete subclause (10) of this clause and insert in lieu thereof the following:
(10) (a) Where it is necessary to go wholly outside a building to clean windows an employee shall, if such cleaning be 15.5 metres or more from the nearest horizontal plane, be paid an allowance of $2.80 per day.
(b) Where an employee is required to clean windows from a swinging scaffold or similar device he/she shall be paid 47 cents per hour extra for every hour or part thereof so worked.
C. Delete subclause (11) of this clause and insert in lieu thereof the following:
(11) Where an employee is required to carry out the ordinary hours of duty per day in more than one shift and where the break is not less than three hours, an allowance of $3.15 per day shall be paid. This allowance shall not apply to caretakers.
D. Delete subclause (15) of this clause and insert in lieu thereof the following:
(15) All employees called upon to clean closets connected with septic tanks and sewerage shall receive an allowance as follows:
|
|
Per Week $ |
(a) |
five closets or greater but less than ten closets per day |
4.40 |
(b) |
ten closets or greater but less than 30 closets per day |
13.10 |
(c) |
30 closets or greater but less than 50 closets per day |
26.10 |
(d) |
50 closets or greater per day |
32.70 |
|
||
For the purpose of this clause one metre of urinal shall count as one closet and three urinal stalls shall count as one closet |
E. Delete paragraph (c) of subclause (17) of this clause and insert in lieu thereof the following:
(c) A year for the purpose of this clause shall commence on the 1st day of July and end on the 30th day of June next following.
Rates of hire for use of employee's own vehicle on employer's business:
Schedule 1 - Motor Vehicle Allowance
Area Details |
Engine Displacement (in cubic centimetres) |
||
|
Over 2600cc |
Over 1600cc - & 2600cc |
1600cc Under |
|
Rate per kilometre (Cents) |
||
|
|
|
|
Metropolitan Area |
88.4 |
76.9 |
68.0 |
|
|
|
|
South West Land Division |
90.9 |
78.9 |
70.1 |
|
|
|
|
North of 23.5º South Latitude |
99.7 |
86.9 |
77.4 |
|
|
|
|
Rest of the State |
93.8 |
81.5 |
72.3 |
Motor vehicles with rotary engines are to be included in the 1600-2600cc category.
Schedule 2 - Motor Cycle Allowance
Distance travelled during a year on Official Business |
Rate per Kilometre (Cents) |
All areas of the State |
30.5 |
3. Clause 22 – Wages: Delete subclause (3) of this clause and insert the following in lieu thereof:
(3) Leading Hands: Any employee in charge of other employees shall be paid in addition to the appropriate wage prescribed, the following:
$
(a) |
if placed in charge of not less than three and not more than six other employees |
14.20 |
|
|
|
(b) |
if placed in charge of not less than six and not more than ten other employees |
25.30 |
|
|
|
(c) |
if placed in charge of not less than ten and not more than 15 other employees |
31.60 |
|
|
|
(d) |
if placed in charge of not less than 15 and not more than 20 other employees |
38.40 |
|
|
|
(e) |
if placed in charge of more than 20 other employees |
49.50 |