Liquor, Hospitality and Miscellaneous Union, WA Branch -v- Kings Parking Co (WA) Pty Ltd, Wilson Parking Pty Ltd, Orange Grove Caravan Park
Document Type: Order
Matter Number: APPL 94/2008
Matter Description: Cleaners and Caretakers (Car and Caravan Parks) Award 1975
Industry: Cleaning
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S Wood
Delivery Date: 29 Oct 2008
Result: Award varied
Citation: 2008 WAIRC 01542
WAIG Reference: 88 WAIG 2117
CLEANERS AND CARETAKERS (CAR AND CARAVAN PARKS) AWARD 1975
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WA BRANCH
APPLICANT
-V-
KINGS PARKING CO (WA) PTY LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE WEDNESDAY, 29 OCTOBER 2008
FILE NO APPL 94 OF 2008
CITATION NO. 2008 WAIRC 01542
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 (Car and Caravan Parks) Award 1975 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 10. – 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 he/she shall be supplied with such meal by the employer or paid $6.20 for each meal so required.
2. Clause 12. – Fares and Travelling Time: Delete paragraph (b) of subclause (2) of this clause and insert the following in lieu thereof:
(b) Where an employee in the course of a journey travels through two or more of the separate areas, payment at the rates prescribed herein shall be made at the appropriate rate applicable to each of the separate areas traversed.
Rates of hire for use of employee's own vehicle on employer's business:
Schedule 1 - Motor Vehicle Allowances
Area and 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
77.5
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 category.
3. Clause 13. – Special Rates and Provisions:
A. Delete paragraph (a) of subclause (9) of this clause and insert the following in lieu thereof:
(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. Delete subclause (10) of this clause and insert the following in lieu thereof:
(10) 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.
C. Delete subclause (13) of this clause and insert the following in lieu thereof:
(13) Cash Handling Allowance:
An employee who is required by the employer to collect money from the customers of that employer shall be paid an allowance of $7.60 per week.
D. Delete subclause (14) of this clause and insert the following in lieu thereof:
(14) 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.
4. Clause 24. – Wages: Delete subclause (4) of this clause and insert the following in lieu thereof:
(4) Leading Hands: Any employee in charge of other employees shall be paid in addition to the appropriate wage prescribed, the following:
Per Week
$
(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 more than six and not more than ten other employees
25.30
(c)
if placed in charge of more than 10 and not more than 15 other employees
31.60
(d)
if placed in charge of more than 15 and not more than 20 other employees
38.40
(e)
if placed in charge of more than 20 other employees
49.30
CLEANERS AND CARETAKERS (CAR AND CARAVAN PARKS) AWARD 1975
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Liquor, Hospitality and Miscellaneous Union, WA Branch
APPLICANT
-v-
Kings Parking Co (WA) Pty Ltd and others
RESPONDENTS
CORAM Commissioner S Wood
DATE wednesday, 29 october 2008
FILE NO APPL 94 OF 2008
CITATION NO. 2008 WAIRC 01542
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 (Car and Caravan Parks) Award 1975 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 10. – 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 he/she shall be supplied with such meal by the employer or paid $6.20 for each meal so required.
2. Clause 12. – Fares and Travelling Time: Delete paragraph (b) of subclause (2) of this clause and insert the following in lieu thereof:
(b) Where an employee in the course of a journey travels through two or more of the separate areas, payment at the rates prescribed herein shall be made at the appropriate rate applicable to each of the separate areas traversed.
Rates of hire for use of employee's own vehicle on employer's business:
Schedule 1 - Motor Vehicle Allowances |
|||
|
|||
Area and 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 |
77.5 |
|
|
|
|
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 category. |
3. Clause 13. – Special Rates and Provisions:
A. Delete paragraph (a) of subclause (9) of this clause and insert the following in lieu thereof:
(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. Delete subclause (10) of this clause and insert the following in lieu thereof:
(10) 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.
C. Delete subclause (13) of this clause and insert the following in lieu thereof:
(13) Cash Handling Allowance:
An employee who is required by the employer to collect money from the customers of that employer shall be paid an allowance of $7.60 per week.
D. Delete subclause (14) of this clause and insert the following in lieu thereof:
(14) 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.
4. Clause 24. – Wages: Delete subclause (4) of this clause and insert the following in lieu thereof:
(4) Leading Hands: Any employee in charge of other employees shall be paid in addition to the appropriate wage prescribed, the following:
|
|
Per Week |
|
|
$ |
(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 more than six and not more than ten other employees |
25.30 |
|
|
|
(c) |
if placed in charge of more than 10 and not more than 15 other employees |
31.60 |
|
|
|
(d) |
if placed in charge of more than 15 and not more than 20 other employees |
38.40 |
|
|
|
(e) |
if placed in charge of more than 20 other employees |
49.30 |