2008 WAIRC 01565
LICENSED ESTABLISHMENTS (RETAIL AND WHOLESALE) AWARD 1979
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION OF WESTERN AUSTRALIA
APPLICANT
-V-
COMO LIQUOR STORE AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE THURSDAY, 6 NOVEMBER 2008
FILE NO APPL 99 OF 2008
CITATION NO. 2008 WAIRC 01565

Result Award varied
Representation


APPLICANT MR T POPE

RESPONDENTS NO APPEARANCE


Order
HAVING heard Mr T Pope 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 Licensed Establishments (Retail and Wholesale) Award 1979 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. – Meal Times and Meal Allowance

A. Delete subclause (2) of Part I of this clause and insert the following in lieu thereof:

(2) When an employee is required to continue working after the usual finishing time for more than one hour he/she shall be paid $11.20 for the purchase of any meal required.


B. Delete subclause (3) of Part II of this clause and insert the following in lieu thereof:

(3) When an employee is required to continue working after the usual finishing time for more than one hour he/she shall be paid $11.20 for the purchase of any meal required.


2. Clause 21. – Wages: Delete Part IV of this clause and insert the following in lieu thereof:

In addition to the rates prescribed elsewhere in this clause the following allowances and rates shall be paid to a worker where applicable.

(1) (a) An employee required to operate a ride-on power operated tow motor, a ride-on power operated pallet truck or a walk beside power operated high lift stacker in the performance of his/her duties shall be paid an additional 54 cents per hour whilst so engaged.

(b) An employee required to operate a ride-on operated fork lift, high lift stacker or high lift stock picker or a power operated overhead traversing hoist in the performance of his/her duties shall be paid an additional 75 cents per hour whilst so engaged.

(c) The allowances prescribed by this subclause shall not be payable to an employee engaged, and paid, as a "Storeman Operator Grade I" or a "Storeman Operator Grade II".

(2) (a) A worker shall receive an additional payment for every hour of which he spends 20 minutes or more in a cold chamber in accordance with the following:

In a cold chamber in which the temperature is:

(i) Below 0 degrees Celsius to - 20 degrees Celsius 80 cents per hour.

(ii) Below - 20 degrees Celsius to - 25 degrees Celsius 93 cents per hour

(iii) Below - 25 degrees Celsius, $1.07 per hour.

(b) Employees required to work in temperatures less than - 18.9 degrees Celsius shall be medically examined at the employer's expense.


3. Clause 22. – Motor Vehicle Allowance: Delete this clause and insert the following in lieu thereof:

Where a worker maintains a motor vehicle and is authorised by the employer to use the vehicle in the performance of his duties, he shall be paid in accordance with the following schedule:

AREA AND DETAILS
ENGINE DISPLACEMENT
(IN CUBIC CENTIMETRES)
RATE PER KILOMETRE (CENTS)

Distance Travelled Each Year on Employer’s Business
Over 2600cc
Over1600cc - 2600cc
1600cc & Under
Metropolitan Area
73.8
66.1
57.5
South West Land Division
75.5
67.8
59.0
North of 23.5 Degree South Latitude
83.1
74.8
65.0
Rest of the State
78.1
69.9
60.8
Motor Cycle (in all areas)
25.4 cents per kilometre