Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Kalamunda Club (Inc)
Document Type: Order
Matter Number: APPL 69/2008
Matter Description: Club Workers' Award, 1976
Industry: Clubs
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S Wood
Delivery Date: 29 Oct 2008
Result: Award varied
Citation: 2008 WAIRC 01538
WAIG Reference: 88 WAIG 2119
CLUB WORKERS' AWARD, 1976
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
KALAMUNDA CLUB (INC) AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE WEDNESDAY, 29 OCTOBER 2008
FILE NO APPL 69 OF 2008
CITATION NO. 2008 WAIRC 01538
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 Club Workers’ Award, 1976 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 this clause and insert the following in lieu thereof:
9. - ADDITIONAL RATES FOR ORDINARY HOURS
(1) An employee who is required to work any ordinary hours prior to 7.00 am or after 7.00 pm on any day Monday to Friday, both inclusive, shall be paid at the rate of an extra $1.66 per hour for each such hour, or part thereof worked. Provided that any employee who works the majority of his/her ordinary hours between midnight and 7.00 am shall be paid $1.75 per hour extra for each such hour, or part thereof worked.
(2) All time worked during the ordinary hours of work on Saturdays and Sundays shall be paid for at the rate of time and a half.
(3) An employee who is required to work any of his/her ordinary hours on any day in more than one period of employment, other than for meal breaks as prescribed in accordance with the provisions of Clause 13. - Meal Breaks of this Award, shall be paid an allowance of $2.70 per day, for such broken work period worked.
(4) The provisions of subclauses (1) and (2) hereof shall not apply to any work performed on a holiday and to which the provisions of subclause (2) of Clause 17. - Holidays are applicable.
(5) The provisions of this clause shall not apply to casual employees.
2. Clause 14. – Meal Money: Delete this clause and insert the following in lieu thereof:
14. - MEAL MONEY
Any employee who is required to work overtime for two hours or more on any day, without being notified on the previous day or earlier, that he or she will be so required to work such overtime, will either be supplied with a substantial meal by the employer or be paid $11.30 meal money.
3. Clause 26. – Uniforms and Laundering: Delete subclauses (2) and (3) of this clause and insert the following in lieu thereof:
(2) Subject to subclause (3) hereof, an employer requiring any of the articles of clothing to be worn as described in subclause (1) of this clause, shall cause such clothing to be laundered at his/her own expense or otherwise shall pay to the employee concerned $7.20 per fortnight worked as a laundry allowance. The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each fortnight.
(3) Where a cook wears the ordinary apparel usually worn by cooks such as black and white check trousers, white shirt, white apron and cap, such garments shall be laundered at the employer's expense or otherwise the employee shall be paid $11.00 per fortnight worked as a laundry allowance. The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each fortnight.
4. Clause 27. – Protective Clothing: Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) Employees who are required to wash dishes, clean toilets 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, in lieu, an allowance of $3.90 per fortnight worked. The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each fortnight.
5. Clause 28. – Employee Equipment: Delete this clause and insert the following in lieu thereof:
28. - EMPLOYEE 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 his/her duties, shall be supplied by the employer free of charge. Provided that where an employee is required by the employer to use his/her own knives he shall be paid an allowance of $14.40 per fortnight worked. The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each fortnight.
CLUB WORKERS' AWARD, 1976
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch
APPLICANT
-v-
Kalamunda Club (Inc) AND OTHERS
RESPONDENTS
CORAM Commissioner S Wood
DATE wednesday, 29 october 2008
FILE NO APPL 69 OF 2008
CITATION NO. 2008 WAIRC 01538
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 Club Workers’ Award, 1976 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 this clause and insert the following in lieu thereof:
9. - ADDITIONAL RATES FOR ORDINARY HOURS
(1) An employee who is required to work any ordinary hours prior to 7.00 am or after 7.00 pm on any day Monday to Friday, both inclusive, shall be paid at the rate of an extra $1.66 per hour for each such hour, or part thereof worked. Provided that any employee who works the majority of his/her ordinary hours between midnight and 7.00 am shall be paid $1.75 per hour extra for each such hour, or part thereof worked.
(2) All time worked during the ordinary hours of work on Saturdays and Sundays shall be paid for at the rate of time and a half.
(3) An employee who is required to work any of his/her ordinary hours on any day in more than one period of employment, other than for meal breaks as prescribed in accordance with the provisions of Clause 13. - Meal Breaks of this Award, shall be paid an allowance of $2.70 per day, for such broken work period worked.
(4) The provisions of subclauses (1) and (2) hereof shall not apply to any work performed on a holiday and to which the provisions of subclause (2) of Clause 17. - Holidays are applicable.
(5) The provisions of this clause shall not apply to casual employees.
2. Clause 14. – Meal Money: Delete this clause and insert the following in lieu thereof:
14. - MEAL MONEY
Any employee who is required to work overtime for two hours or more on any day, without being notified on the previous day or earlier, that he or she will be so required to work such overtime, will either be supplied with a substantial meal by the employer or be paid $11.30 meal money.
3. Clause 26. – Uniforms and Laundering: Delete subclauses (2) and (3) of this clause and insert the following in lieu thereof:
(2) Subject to subclause (3) hereof, an employer requiring any of the articles of clothing to be worn as described in subclause (1) of this clause, shall cause such clothing to be laundered at his/her own expense or otherwise shall pay to the employee concerned $7.20 per fortnight worked as a laundry allowance. The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each fortnight.
(3) Where a cook wears the ordinary apparel usually worn by cooks such as black and white check trousers, white shirt, white apron and cap, such garments shall be laundered at the employer's expense or otherwise the employee shall be paid $11.00 per fortnight worked as a laundry allowance. The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each fortnight.
4. Clause 27. – Protective Clothing: Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) Employees who are required to wash dishes, clean toilets 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, in lieu, an allowance of $3.90 per fortnight worked. The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each fortnight.
5. Clause 28. – Employee Equipment: Delete this clause and insert the following in lieu thereof:
28. - EMPLOYEE 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 his/her duties, shall be supplied by the employer free of charge. Provided that where an employee is required by the employer to use his/her own knives he shall be paid an allowance of $14.40 per fortnight worked. The allowance provided herein shall be halved for employees who work less than thirty-eight ordinary hours each fortnight.