Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Mastercare Property Services, Berkeley Challenge, Azaores Cleaning Company
Document Type: Order
Matter Number: APPL 68/2008
Matter Description: Contract Cleaners' (Ministry of Education) Award, 1990
Industry: Cleaning
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S Wood
Delivery Date: 29 Oct 2008
Result: Award varied
Citation: 2008 WAIRC 01537
WAIG Reference: 88 WAIG 2122
CONTRACT CLEANERS' (MINISTRY OF EDUCATION) AWARD, 1990
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
MASTERCARE PROPERTY SERVICES AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE WEDNESDAY, 29 OCTOBER 2008
FILE NO APPL 68 OF 2008
CITATION NO. 2008 WAIRC 01537
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 Contract Cleaners’ (Ministry of Education) Award, 1990 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 8. – Overtime: Delete paragraph (a) of subclause (3) of this clause and insert the following in lieu thereof:
(3) (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 $10.70 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 $7.25 for each meal so required.
2. Clause 10. – Fares and Travelling Time: Delete paragraph (c) of subclause (2) of this clause and insert the following in lieu thereof:
(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 Allowances
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 23.5° South Latitude
99.7
86.9
77.4
Rest of the State
93.8
81.5
72.3
Schedule 2 - Motor Cycle Allowances
Distance travelled during a year on Official Business
Rate¢/km
All areas of the State
30.5
Motor vehicles with rotary engines are to be included in the 1600-2600cc.
3. Clause 11. - Special Rates and Provisions:
A. Delete subclauses (1) and (2) of this clause and insert the following in lieu thereof:
(1) All employees called upon to clean closets connected with septic tanks and sewerage shall receive an allowance as follows:
Rate per week $
(a)
Cleaners required to clean up to 10 closets per day
6.60
(b)
Cleaners required to clean between 11 and 20 closets per day
13.10
(c)
Cleaners required to clean 21 or more closets per day
19.80
For the purposes of this clause one metre of urinal shall count as one closet and three urinal stalls shall count as one closet.
(2) Employees called upon outside the ordinary working hours to wash towels shall be paid $4.65 per dozen for ordinary towels, and $3.35 per dozen for dusters, hand towels and tea towels.
B. Delete subclauses (5) and (6) of this clause and insert the following in lieu thereof:
(5) Employees who are required to work their ordinary hours each day in two shifts and where the break between the two shifts is not less than three hours, shall be paid an allowance of $4.15 per day.
(6) An employee who is required to open and close classrooms, halls and other school facilities for any activities authorised by the School Principal, shall be paid an allowance according to the following scale:
$ Per Day
(a)
Evenings - Monday to Friday
Up to 40 rooms per week
7.20
41 rooms to 100 per week
10.70
Over 100 rooms per week
14.20
(b)
Saturdays and Sundays
14.20
4. Clause 20 – Wages: Delete subclause (3) of this clause and insert the following in lieu thereof:
(3) Leading Hands:
Any full-time employee placed in charge of other employees shall be paid, in addition to the appropriate wage prescribed, the following:
Cleaner In Charge of a High School
$24.80 per week
Cleaner In Charge of a TAFE College:
35 hours or less
$74.20 per week
35 hours or more
$99.00 per week
CONTRACT CLEANERS' (MINISTRY OF EDUCATION) AWARD, 1990
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch
APPLICANT
-v-
Mastercare Property Services and others
RESPONDENTS
CORAM Commissioner S Wood
DATE wednesday, 29 october 2008
FILE NO APPL 68 OF 2008
CITATION NO. 2008 WAIRC 01537
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 Contract Cleaners’ (Ministry of Education) Award, 1990 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 8. – Overtime: Delete paragraph (a) of subclause (3) of this clause and insert the following in lieu thereof:
(3) (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 $10.70 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 $7.25 for each meal so required.
2. Clause 10. – Fares and Travelling Time: Delete paragraph (c) of subclause (2) of this clause and insert the following in lieu thereof:
(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 Allowances
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 23.5° South Latitude |
99.7 |
86.9 |
77.4 |
|
|
|
|
Rest of the State |
93.8 |
81.5 |
72.3 |
Schedule 2 - Motor Cycle Allowances
Distance travelled during a year on Official Business |
Rate¢/km |
|
|
All areas of the State |
30.5 |
Motor vehicles with rotary engines are to be included in the 1600-2600cc.
3. Clause 11. - Special Rates and Provisions:
A. Delete subclauses (1) and (2) of this clause and insert the following in lieu thereof:
(1) All employees called upon to clean closets connected with septic tanks and sewerage shall receive an allowance as follows:
|
|
Rate per week $ |
(a) |
Cleaners required to clean up to 10 closets per day |
6.60 |
|
|
|
(b) |
Cleaners required to clean between 11 and 20 closets per day |
13.10 |
|
|
|
(c) |
Cleaners required to clean 21 or more closets per day |
19.80 |
For the purposes of this clause one metre of urinal shall count as one closet and three urinal stalls shall count as one closet.
(2) Employees called upon outside the ordinary working hours to wash towels shall be paid $4.65 per dozen for ordinary towels, and $3.35 per dozen for dusters, hand towels and tea towels.
B. Delete subclauses (5) and (6) of this clause and insert the following in lieu thereof:
(5) Employees who are required to work their ordinary hours each day in two shifts and where the break between the two shifts is not less than three hours, shall be paid an allowance of $4.15 per day.
(6) An employee who is required to open and close classrooms, halls and other school facilities for any activities authorised by the School Principal, shall be paid an allowance according to the following scale:
|
|
$ Per Day |
(a) |
Evenings - Monday to Friday |
|
|
Up to 40 rooms per week |
7.20 |
|
41 rooms to 100 per week |
10.70 |
|
Over 100 rooms per week |
14.20 |
(b) |
Saturdays and Sundays |
14.20 |
4. Clause 20 – Wages: Delete subclause (3) of this clause and insert the following in lieu thereof:
(3) Leading Hands:
Any full-time employee placed in charge of other employees shall be paid, in addition to the appropriate wage prescribed, the following:
Cleaner In Charge of a High School |
$24.80 per week |
|
|
Cleaner In Charge of a TAFE College: |
|
35 hours or less |
$74.20 per week |
35 hours or more |
$99.00 per week |