2008 WAIRC 01593
GARDENERS (GOVERNMENT) 1986 AWARD NO. 16 OF 1983
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
THE HON PREMIER OF WA AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE THURSDAY, 13 NOVEMBER 2008
FILE NO APPL 50 OF 2008
CITATION NO. 2008 WAIRC 01593

Result Award varied
Representation


APPLICANT MS J O’KEEFE

RESPONDENTS MR A HARPER


Order
HAVING heard Ms J O’Keefe on behalf of the applicant and Mr A Harper on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, and by consent, hereby orders:
THAT the Gardeners (Government) 1986 Award No. 16 of 1983 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 12. – Overtime: Delete subclause (2) of this clause and insert the following in lieu thereof:

(2) When an employee without being notified on the previous day or earlier is required to continue working after his usual knock off time for more than two hours, the employee shall be provided with a meal or be paid $10.70 in lieu thereof.


2. Clause 16. – First Aid – Kits and Attendants: Delete subclause (2) of this clause and insert the following in lieu thereof:

(2) The employer shall, wherever practicable and where there are two or more employees, appoint an employee holding current first aid qualifications from St John Ambulance or similar body to carry out first aid duty at all works or depots where employees are employed. Such employees so appointed in addition to first aid duties, shall be responsible under the general supervision of the supervisor or foreperson for maintaining the contents of the first aid kit, conveying it to the place of work and keeping it in a readily accessible place for immediate use.

Employees so appointed shall be paid the following rates in addition to their prescribed rate per day:

Qualified Attendant
$ Per Day


10 employees or less
1.40
In excess of 10 employees
2.35


3. Clause 25. – Wages:

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

(3) A Senior Gardener/Ground Attendant who is required to maintain turf wickets, bowling greens or tennis courts shall be paid in addition to the rates prescribed an amount of $6.70 per week. Occasional off-season attention shall not qualify an employee for payment under this subclause.


B. Delete subclause (5) of this clause and insert the following in lieu thereof:

(5) Leading Hands

Leading Hands and Senior Gardener/Ground Attendants if placed in charge of:

(a)
five and not more than ten other employees shall be paid $23.40 per week extra;
(b)
more than ten but not more than 20 other employees shall be paid $34.30 per week extra;
(c)
more than 20 other employees shall be paid $45.40 per week extra.


C. Delete paragraph (a) of subclause (10) of this clause and insert the following in lieu thereof:

(a)
Employees of the Zoological Gardens Board covered by this award who are required to clean public toilets shall be paid 72 cents per closet, per week.


4. Clause 28. – Travel Allowance: Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) (a) An employee required on any day to report directly to the job as distinct from the permanent depot to which such employee is attached (or where a permanent depot does not exist the head office of the employer shall be regarded as the permanent depot) shall be paid $11.85 per day to compensate for the excess fare and travelling time from the employee's home to his place of work and return.

(b) An employee who is usually employed at his employer's principal place of business shall not be entitled to the foregoing allowance when required to start work at some other place unless he thereby incurred in travelling to and from his usual place of employment.