Liquor, Hospitality and Miscellaneous Union -v- Hon Premier of Western Australia, The Honourable Minister for Police, The Honourable Minister for Primary Industry
Document Type: Order
Matter Number: APPL 51/2008
Matter Description: Cleaners and Caretakers (Government) Award 1975
Industry: Cleaning
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S Wood
Delivery Date: 13 Nov 2008
Result: Award varied
Citation: 2008 WAIRC 01594
WAIG Reference: 88 WAIG 2280
CLEANERS AND CARETAKERS (GOVERNMENT) AWARD 1975
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION
APPLICANT
-V-
HON PREMIER OF WESTERN AUSTRALIA AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE THURSDAY, 13 NOVEMBER 2008
FILE NO APPL 51 OF 2008
CITATION NO. 2008 WAIRC 01594
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 Cleaners and Caretakers (Government) 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 3.2. – Overtime: Delete paragraph (a) of subclause 3.2.3 of this clause and insert the following in lieu thereof:
3.2.3 (a) Any employee who, without being notified the previous day, is required to continue working for more than one hour after the usual ceasing time shall be provided with a meal by the employer or be paid $10.70 in lieu of the meal.
2. Clause 5.1. – Special Rates and Provisions:
A. Delete paragraph (a) of subclause 5.1.1 of this clause and insert the following in lieu thereof:
5.1.1 (a) All employees called upon to clean closets connected with septic tanks or sewerage shall receive an allowance of 71 cents per closet per week.
B. Delete subclause 5.1.2 of this clause and insert the following in lieu thereof:
5.1.2 Employees called upon outside the ordinary working hours to wash towels shall be paid $4.35 per dozen for ordinary towels, and $3.25 per dozen for dusters, hand towels and tea towels.
C. Delete sub-paragraph (i) of paragraph (b) of subclause 5.1.4 of this clause and insert the following in lieu thereof:
(b) (i) When window cleaning is done from a ladder and any portion of a window to be cleaned is more than seven metres from the nearest horizontal plane, the employee shall be paid an allowance of 13 cents per window.
D. Delete subclause 5.1.5 of this clause and insert the following in lieu thereof:
5.1.5 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 $4.10 per day.
E. Delete subclause 5.1.6 of this clause and insert the following in lieu thereof:
5.1.6 An employee who is required to open and close classrooms, halls and other school facilities for any activities authorised by the Principal, shall be paid an allowance according to the following scale:
Per Day
$
(a)
Evenings - Monday to Friday
Up to 40 rooms per week
6.95
41 rooms to 100 per week
10.55
Over 100 rooms per week
13.90
(b)
Saturday and Sunday
13.20
(c) An additional allowance of $4.10 shall be paid to a caretaker on each occasion they are required to open or close a school facility after 11.00 pm, Monday to Friday, or for any opening or closing required on a Saturday or Sunday after the initial opening and closing. Provided that on a Saturday or Sunday the additional allowance shall not be paid if the duty is performed less than one hour after the initial or any subsequent opening or closing.
F. Delete paragraph (b) of subclause 5.1.8 of this clause and insert the following in lieu thereof:
(b) Any employee performing wood chopping duties shall be paid an allowance of $15.65 per tonne to a maximum of:
(i) 100% of the weight of bushwood supplied or 50% of the weight of mill-ends supplied for enclosed fireplaces such as Wonderheats.
(ii) 50% of the weight of bushwood supplied or 20% of the weight of mill-ends supplied for open fireplaces.
G. Delete paragraph (a) of subclause 5.1.9 of this clause and insert the following in lieu thereof:
5.1.9 (a) An estate attendant (Homeswest) who, in their privately owned vehicle, commutes from estate to estate and is required to carry sundry cleaning and/or gardening implements and/or supplies shall be paid $7.80 per week for all purposes of this award.
3. Clause 5.4. – First Aid: Delete paragraph (b) of subclause 5.4.2 of this clause and insert the following in lieu thereof:
(b) Employees so appointed shall be paid the following rates in addition to their prescribed wage:
10 employees or less
In excess of 10 employees
$1.40 per day
$2.40 per day
CLEANERS AND CARETAKERS (GOVERNMENT) AWARD 1975
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Liquor, Hospitality and Miscellaneous Union
APPLICANT
-v-
Hon Premier of Western Australia and Others
RESPONDENTS
CORAM Commissioner S Wood
DATE Thursday, 13 November 2008
FILE NO APPL 51 OF 2008
CITATION NO. 2008 WAIRC 01594
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 Cleaners and Caretakers (Government) 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 3.2. – Overtime: Delete paragraph (a) of subclause 3.2.3 of this clause and insert the following in lieu thereof:
3.2.3 (a) Any employee who, without being notified the previous day, is required to continue working for more than one hour after the usual ceasing time shall be provided with a meal by the employer or be paid $10.70 in lieu of the meal.
2. Clause 5.1. – Special Rates and Provisions:
A. Delete paragraph (a) of subclause 5.1.1 of this clause and insert the following in lieu thereof:
5.1.1 (a) All employees called upon to clean closets connected with septic tanks or sewerage shall receive an allowance of 71 cents per closet per week.
B. Delete subclause 5.1.2 of this clause and insert the following in lieu thereof:
5.1.2 Employees called upon outside the ordinary working hours to wash towels shall be paid $4.35 per dozen for ordinary towels, and $3.25 per dozen for dusters, hand towels and tea towels.
C. Delete sub-paragraph (i) of paragraph (b) of subclause 5.1.4 of this clause and insert the following in lieu thereof:
(b) (i) When window cleaning is done from a ladder and any portion of a window to be cleaned is more than seven metres from the nearest horizontal plane, the employee shall be paid an allowance of 13 cents per window.
D. Delete subclause 5.1.5 of this clause and insert the following in lieu thereof:
5.1.5 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 $4.10 per day.
E. Delete subclause 5.1.6 of this clause and insert the following in lieu thereof:
5.1.6 An employee who is required to open and close classrooms, halls and other school facilities for any activities authorised by the Principal, shall be paid an allowance according to the following scale:
|
|
Per Day $ |
(a) |
Evenings - Monday to Friday |
|
|
Up to 40 rooms per week |
6.95 |
|
41 rooms to 100 per week |
10.55 |
|
Over 100 rooms per week |
13.90 |
|
|
|
(b) |
Saturday and Sunday |
13.20 |
(c) An additional allowance of $4.10 shall be paid to a caretaker on each occasion they are required to open or close a school facility after 11.00 pm, Monday to Friday, or for any opening or closing required on a Saturday or Sunday after the initial opening and closing. Provided that on a Saturday or Sunday the additional allowance shall not be paid if the duty is performed less than one hour after the initial or any subsequent opening or closing.
F. Delete paragraph (b) of subclause 5.1.8 of this clause and insert the following in lieu thereof:
(b) Any employee performing wood chopping duties shall be paid an allowance of $15.65 per tonne to a maximum of:
(i) 100% of the weight of bushwood supplied or 50% of the weight of mill-ends supplied for enclosed fireplaces such as Wonderheats.
(ii) 50% of the weight of bushwood supplied or 20% of the weight of mill-ends supplied for open fireplaces.
G. Delete paragraph (a) of subclause 5.1.9 of this clause and insert the following in lieu thereof:
5.1.9 (a) An estate attendant (Homeswest) who, in their privately owned vehicle, commutes from estate to estate and is required to carry sundry cleaning and/or gardening implements and/or supplies shall be paid $7.80 per week for all purposes of this award.
3. Clause 5.4. – First Aid: Delete paragraph (b) of subclause 5.4.2 of this clause and insert the following in lieu thereof:
(b) Employees so appointed shall be paid the following rates in addition to their prescribed wage:
10 employees or less |
In excess of 10 employees |
$1.40 per day |
$2.40 per day |