BAG, SACK AND TEXTILE AWARD

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Liquor, Hospitality and Miscellaneous Union, WA Branch

APPLICANT

-v-

Joyce Bros WA Pty LtD and others

RESPONDENTS

CORAM Commissioner S J Kenner

DATE tuesday, 9 December 2008

FILE NO/S APPL 95 OF 2008

CITATION NO. 2008 WAIRC 01704

Result Award varied

Representation

Applicant Ms J O’Keefe

Respondents No appearance

Order

HAVING heard Ms J O’Keefe 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 Bag, Sack and Textile Award (No. 3 of 1960) be varied in accordance with the following schedule and that such variation shall have effect from the first pay period on or after the date of this order.

Commissioner S J Kenner

SCHEDULE

1. Clause 12. – Meal Money: Delete this clause and insert the following in lieu thereof:

(1) An employee required to work overtime for more than two hours without being notified on the previous day or earlier that he/she will be so required to work, shall be supplied with a meal by his/her employer or paid $10.20 for a meal.

(2) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he/she has notified the employees concerned on the previous day or earlier, that such second or subsequent meal will also be required, provide such meals or pay an amount of $8.90 for each second or subsequent meal.

(3) No such payments need be made to employees living in the same locality as their workshops who can reasonably return home for such meals.

(4) If an employee in consequence of receiving such notice has provided himself/herself with a meal or meals and is not required to work overtime, or is required to work less overtime than notified, he/she shall be paid the amount prescribed in respect of the meals not then required.

2. Clause 23. – Extra Rates: Delete this clause and insert the following in lieu thereof:

Any employee required to repair canvas goods of all descriptions which are of an unusually dirty or offensive nature shall be paid 37 cents per hour in addition to the ordinary rate.

3. Clause 25. – Wages: Delete subclauses (5) and (6) of this clause and insert the following in lieu thereof:

(5) Leading Hands: Any employee placed by the employer in charge of other employees shall be paid the following rates in addition to their ordinary rate of wage:

(6) Tool Allowance:

(a) Where an employer does not provide a tradesperson or an apprentice with the tools ordinarily required by that tradesperson or apprentice in the performance of their work as a tradesperson or apprentice the employer shall pay tool allowance of:

(i) $12.30 per week to such tradesperson; or

(ii) in the case of an apprentice a percentage of $12.80 being the percentage which appears against his/her year of apprenticeship in subclause (4) of this clause.

for the purpose of such tradesperson or apprentice supplying and maintaining tools ordinarily required in the performance of his/her work as a tradesperson or apprentice.

(b) Any tool allowance paid pursuant to paragraph (a) of this subclause shall be included in, and form part of the ordinary weekly wage prescribed in this clause.

(c) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments.

(d) A tradesperson or apprentice shall replace or pay for any tools supplied by their employer if lost through their own negligence.