Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Activ Foundation Incorporated
Document Type: Order
Matter Number: APPL 41/2008
Matter Description: Social Trainers and Assistant Supervisors' (Activ Foundation) Award
Industry: Community Services
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner J L Harrison
Delivery Date: 20 Nov 2008
Result: Award varied
Citation: 2008 WAIRC 01636
WAIG Reference: 88 WAIG 2291
SOCIAL TRAINERS AND ASSISTANT SUPERVISORS' (ACTIV FOUNDATION) AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
ACTIV FOUNDATION INCORPORATED
RESPONDENT
CORAM COMMISSIONER J L HARRISON
DATE THURSDAY, 20 NOVEMBER 2008
FILE NO/S APPL 41 OF 2008
CITATION NO. 2008 WAIRC 01636
Result Award varied
Order
HAVING heard Ms C Pullen on behalf of the applicant and Ms M O’Day on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act, 1979, hereby orders:
THAT the Social Trainers and Assistant Supervisors’ (Activ Foundation) Award (No A 15 of 1984) be 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 19 November 2008.
COMMISSIONER J L HARRISON
SCHEDULE
1. Clause 9. – General Conditions: Delete subclause (2) of this clause and insert the following in lieu thereof:
(2) (a) An allowance of 50 cents per hour or part thereof shall be paid to employees who are placed in charge of a unit during the off shift period of the Senior Social Trainer.
(b) An allowance of $1.21 cents per hour or part thereof shall be paid to employees who are placed in charge of a unit of 25 and under bed capacity during the off shift period of the Hostel Manager.
(c) An allowance of $1.50 per hour or part thereof shall be paid to employees who are placed in charge of a unit of 26 and over bed capacity during the off shift period of the Hostel Manager.
2. Clause 18. – Travelling, Transfers and Relieving Duty – Rates of Allowance: Delete this clause and insert the following in lieu thereof:
Column A
Daily Rate
Column B
Daily Rate
Married Employee
Relieving Allowance for Period in Excess of 35 days (Clause 17 (3)(b)) Transfer Allowance for Period in Excess of Prescribed Period (Clause 16 (3))
Column C
Daily Rate
Single Employee
Relieving Allowance for Period in Excess of 35 days (Clause 17 (3)(b))
Item
Particulars
$
$
$
Allowance to meet incidental expenses
1.
W.A. - South of 26 ° South Latitude
12.80
2.
W.A. - North of 26 ° South Latitude
18.30
3.
Interstate
18.30
Accommodation involving an overnight stay at a Hotel or Motel
4.
W.A. - Metropolitan
Hotel or Motel
239.50
119.75
79.85
5.
Locality South of 26 °South Latitude
183.80
91.90
61.25
6.
Locality North of 26 ° South Latitude:
Broome
392.80
196.40
130.95
Carnarvon
224.50
112.25
74.85
Dampier
323.80
161.90
107.95
Derby
258.80
129.40
86.25
Exmouth
279.30
139.65
93.10
Fitzroy Crossing
346.80
173.40
115.60
Gascoyne Junction
156.30
78.15
52.10
Halls Creek
245.30
122.65
81.75
Karratha
500.80
250.40
166.95
Kununurra
291.80
145.90
97.25
Marble Bar
224.80
112.40
74.95
Newman
268.55
134.25
89.50
Nullagine
198.30
99.15
66.10
Onslow
240.75
120.40
80.25
Pannawonica
185.95
92.95
62.00
Paraburdoo
236.70
118.35
78.90
Port Hedland
319.50
159.75
106.50
Roebourne
138.70
69.35
46.25
Sandfire
163.30
81.65
54.45
Shark Bay
184.30
92.15
61.45
Tom Price
261.25
130.60
87.10
Turkey Creek
197.80
98.90
65.95
Wickham
415.80
207.90
138.60
Wyndham
231.30
115.65
77.10
7.
Interstate - Capital City
Sydney
269.50
134.75
89.80
Melbourne
256.80
128.40
85.60
Other Capitals
230.50
115.25
76.75
8.
Interstate - Other than Capital City
183.80
91.90
61.25
Accommodation involving an over- night stay at other than a Hotel or Motel
9.
W.A. - South of 26 ° South Latitude
83.90
10.
W.A. - North of 26 ° South Latitude
111.00
11.
Interstate
111.00
Travel not involving an overnight stay
12.
W.A. - South of 26 ° South Latitude:
Breakfast
15.50
Lunch
15.50
Evening Meal
40.10
13.
W.A. - North of 26 ° South Latitude:
Breakfast ...........
18.10
Lunch ...............
30.60
Evening Meal ........
44.00
Deduction for normal living expenses
14.
Interstate
Breakfast ...........
18.10
Lunch ...............
30.60
Evening Meal ........
44.00
Deduction for normal living expenses
15.
Each adult
24.95
16.
Each child
4.30
Midday Meal (Clause 15(10))
17.
Rate per meal
6.05
18.
Maximum reimbursement per pay period
30.25
The rates prescribed in this clause shall be increased in accordance with movements in the Government Officers Salaries, Allowances & Conditions Award 1989 (88 WAIG 372).
3. Clause 19. – Removal Allowance:
A. Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) When a married employee is transferred in the employer's interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the employee has no control, the employee shall be reimbursed:
(a) The actual reasonable cost of conveyance of the employee and the employee’s spouse and children under 16 years of age or other children wholly dependent upon him.
(b) The actual reasonable cost up to an amount of $1783.00 for conveyance of the employee’s furniture, including insurance of such furniture whilst in transit unless a higher sum is approved by the employer in any special case: Provided that only necessary household furniture, effects and appliances shall be taken into account.
(c) An allowance of $565.00 for accelerated depreciation and extra wear and tear on furniture, effects and appliances: Provided that the employer is satisfied that the value of household furniture, effects and appliances moved by the employer is at least $3143.00.
In the case of a single employee, an application for any reimbursement under this clause shall be considered by the employer.
B. Delete subclause (6) of this clause and insert the following in lieu thereof:
(6) Where an employee is transferred to accommodation owned by the employer where furniture is provided and as a consequence is obliged to store the employee’s own furniture, the employee shall be reimbursed the actual cost of such storage up to a maximum allowance of $1050.00 per annum. An allowance under this subclause shall not be paid for a period in excess of one year without the approval of the employer.
4. Clause 21. – Shift Work: Delete paragraph (a) of subclause (1) of this clause and insert the following in lieu thereof:
(1) (a) The loading on the ordinary rates of pay for an afternoon or night shift shall be $2.13 per hour or part thereof.
SOCIAL TRAINERS AND ASSISTANT SUPERVISORS' (ACTIV FOUNDATION) AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch
APPLICANT
-v-
Activ Foundation Incorporated
RESPONDENT
CORAM Commissioner J L Harrison
DATE thursday, 20 NOVEMber 2008
FILE NO/S APPL 41 OF 2008
CITATION NO. 2008 WAIRC 01636
Result Award varied
Order
HAVING heard Ms C Pullen on behalf of the applicant and Ms M O’Day on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act, 1979, hereby orders:
THAT the Social Trainers and Assistant Supervisors’ (Activ Foundation) Award (No A 15 of 1984) be 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 19 November 2008.
Commissioner J L Harrison
SCHEDULE
1. Clause 9. – General Conditions: Delete subclause (2) of this clause and insert the following in lieu thereof:
(2) (a) An allowance of 50 cents per hour or part thereof shall be paid to employees who are placed in charge of a unit during the off shift period of the Senior Social Trainer.
(b) An allowance of $1.21 cents per hour or part thereof shall be paid to employees who are placed in charge of a unit of 25 and under bed capacity during the off shift period of the Hostel Manager.
(c) An allowance of $1.50 per hour or part thereof shall be paid to employees who are placed in charge of a unit of 26 and over bed capacity during the off shift period of the Hostel Manager.
2. Clause 18. – Travelling, Transfers and Relieving Duty – Rates of Allowance: Delete this clause and insert the following in lieu thereof:
|
|
Column A Daily Rate |
Column B Daily Rate Married Employee Relieving Allowance for Period in Excess of 35 days (Clause 17 (3)(b)) Transfer Allowance for Period in Excess of Prescribed Period (Clause 16 (3)) |
Column C Daily Rate Single Employee Relieving Allowance for Period in Excess of 35 days (Clause 17 (3)(b)) |
|
|
|
|
|
Item |
Particulars |
$ |
$ |
$ |
|
|
|
|
|
Allowance to meet incidental expenses |
||||
|
|
|
|
|
1. |
W.A. - South of 26 ° South Latitude |
12.80 |
|
|
|
|
|
|
|
2. |
W.A. - North of 26 ° South Latitude |
18.30 |
|
|
|
|
|
|
|
3. |
Interstate |
18.30 |
|
|
|
|
|
|
|
Accommodation involving an overnight stay at a Hotel or Motel |
||||
|
|
|
|
|
4. |
W.A. - Metropolitan |
|
|
|
|
Hotel or Motel |
239.50 |
119.75 |
79.85 |
|
|
|
|
|
5. |
Locality South of 26 °South Latitude |
183.80 |
91.90 |
61.25 |
|
|
|
|
|
6. |
Locality North of 26 ° South Latitude: |
|
|
|
|
|
|
|
|
|
Broome |
392.80 |
196.40 |
130.95 |
|
Carnarvon |
224.50 |
112.25 |
74.85 |
|
Dampier |
323.80 |
161.90 |
107.95 |
|
Derby |
258.80 |
129.40 |
86.25 |
|
Exmouth |
279.30 |
139.65 |
93.10 |
|
Fitzroy Crossing |
346.80 |
173.40 |
115.60 |
|
Gascoyne Junction |
156.30 |
78.15 |
52.10 |
|
Halls Creek |
245.30 |
122.65 |
81.75 |
|
Karratha |
500.80 |
250.40 |
166.95 |
|
Kununurra |
291.80 |
145.90 |
97.25 |
|
Marble Bar |
224.80 |
112.40 |
74.95 |
|
Newman |
268.55 |
134.25 |
89.50 |
|
Nullagine |
198.30 |
99.15 |
66.10 |
|
Onslow |
240.75 |
120.40 |
80.25 |
|
Pannawonica |
185.95 |
92.95 |
62.00 |
|
Paraburdoo |
236.70 |
118.35 |
78.90 |
|
Port Hedland |
319.50 |
159.75 |
106.50 |
|
Roebourne |
138.70 |
69.35 |
46.25 |
|
Sandfire |
163.30 |
81.65 |
54.45 |
|
Shark Bay |
184.30 |
92.15 |
61.45 |
|
Tom Price |
261.25 |
130.60 |
87.10 |
|
Turkey Creek |
197.80 |
98.90 |
65.95 |
|
Wickham |
415.80 |
207.90 |
138.60 |
|
Wyndham |
231.30 |
115.65 |
77.10 |
|
|
|
|
|
7. |
Interstate - Capital City |
|
|
|
|
|
|
|
|
|
Sydney |
269.50 |
134.75 |
89.80 |
|
Melbourne |
256.80 |
128.40 |
85.60 |
|
Other Capitals |
230.50 |
115.25 |
76.75 |
|
|
|
|
|
8. |
Interstate - Other than Capital City |
183.80 |
91.90 |
61.25 |
|
|
|
|
|
Accommodation involving an over- night stay at other than a Hotel or Motel |
||||
|
|
|
|
|
9. |
W.A. - South of 26 ° South Latitude |
83.90 |
|
|
|
|
|
|
|
10. |
W.A. - North of 26 ° South Latitude |
111.00 |
|
|
|
|
|
|
|
11. |
Interstate |
111.00 |
|
|
|
|
|
|
|
Travel not involving an overnight stay |
||||
|
|
|
|
|
12. |
W.A. - South of 26 ° South Latitude: |
|
|
|
|
|
|
|
|
|
Breakfast |
15.50 |
|
|
|
Lunch |
15.50 |
|
|
|
Evening Meal |
40.10 |
|
|
|
|
|
|
|
13. |
W.A. - North of 26 ° South Latitude: |
|
|
|
|
|
|
|
|
|
Breakfast ........... |
18.10 |
|
|
|
Lunch ............... |
30.60 |
|
|
|
Evening Meal ........ |
44.00 |
|
|
|
|
|
|
|
Deduction for normal living expenses |
||||
|
|
|
|
|
14. |
Interstate |
|
|
|
|
|
|
|
|
|
Breakfast ........... |
18.10 |
|
|
|
Lunch ............... |
30.60 |
|
|
|
Evening Meal ........ |
44.00 |
|
|
|
|
|
|
|
Deduction for normal living expenses |
||||
|
|
|
|
|
15. |
Each adult |
24.95 |
|
|
|
|
|
|
|
16. |
Each child |
4.30 |
|
|
|
|
|
|
|
Midday Meal (Clause 15(10)) |
||||
|
|
|
|
|
17. |
Rate per meal |
6.05 |
|
|
|
|
|
|
|
18. |
Maximum reimbursement per pay period |
30.25 |
|
|
The rates prescribed in this clause shall be increased in accordance with movements in the Government Officers Salaries, Allowances & Conditions Award 1989 (88 WAIG 372).
3. Clause 19. – Removal Allowance:
A. Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) When a married employee is transferred in the employer's interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the employee has no control, the employee shall be reimbursed:
(a) The actual reasonable cost of conveyance of the employee and the employee’s spouse and children under 16 years of age or other children wholly dependent upon him.
(b) The actual reasonable cost up to an amount of $1783.00 for conveyance of the employee’s furniture, including insurance of such furniture whilst in transit unless a higher sum is approved by the employer in any special case: Provided that only necessary household furniture, effects and appliances shall be taken into account.
(c) An allowance of $565.00 for accelerated depreciation and extra wear and tear on furniture, effects and appliances: Provided that the employer is satisfied that the value of household furniture, effects and appliances moved by the employer is at least $3143.00.
In the case of a single employee, an application for any reimbursement under this clause shall be considered by the employer.
B. Delete subclause (6) of this clause and insert the following in lieu thereof:
(6) Where an employee is transferred to accommodation owned by the employer where furniture is provided and as a consequence is obliged to store the employee’s own furniture, the employee shall be reimbursed the actual cost of such storage up to a maximum allowance of $1050.00 per annum. An allowance under this subclause shall not be paid for a period in excess of one year without the approval of the employer.
4. Clause 21. – Shift Work: Delete paragraph (a) of subclause (1) of this clause and insert the following in lieu thereof:
(1) (a) The loading on the ordinary rates of pay for an afternoon or night shift shall be $2.13 per hour or part thereof.