Liquor, Hospitality and Miscellaneous Union -v- E D Oates Brushware Ltd
(Formerly Swan Brushware Ltd)
Document Type: Order
Matter Number: APPL 44/2008
Matter Description: Brushmakers' Award No. 30 of 1959
Industry: Textile, Clothing, Footwear
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S J Kenner
Delivery Date: 9 Dec 2008
Result: Award varied
Citation: 2008 WAIRC 01709
WAIG Reference: 89 WAIG 138
BRUSHMAKERS' AWARD NO. 30 OF 1959
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION
APPLICANT
-V-
E D OATES BRUSHWARE LTD (FORMERLY SWAN BRUSHWARE LTD)
RESPONDENT
CORAM COMMISSIONER S J KENNER
DATE TUESDAY, 9 DECEMBER 2008
FILE NO/S APPL 44 OF 2008
CITATION NO. 2008 WAIRC 01709
Result Award varied
Representation
APPLICANT MS J O’KEEFE
RESPONDENT NO APPEARANCE
Order
HAVING heard Ms J O’Keefe on behalf of the applicant and there being no appearance on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –
THAT the Brushmakers’ Award (No. 30 of 1959) 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 7. – 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 the employer or be paid $10.35.
(2) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he 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 $10.35 for each such 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 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 amounts above prescribed.
2. Clause 9. – Leading Hands: Delete this clause and insert the following in lieu thereof:
An employee appointed by the employer as a leading hand shall be paid in addition to the prescribed rates:
Per Week
$
(1)
When placed in charge of not less than two nor more than four other employees
29.80
(2)
When placed in charge of five or more other employees
37.00
BRUSHMAKERS' AWARD NO. 30 OF 1959
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Liquor, Hospitality and Miscellaneous Union
APPLICANT
-v-
E D Oates Brushware Ltd (Formerly Swan Brushware Ltd)
RESPONDENT
CORAM Commissioner S J Kenner
DATE tuesday, 9 december 2008
FILE NO/S APPL 44 OF 2008
CITATION NO. 2008 WAIRC 01709
Result Award varied
Representation
Applicant Ms J O’Keefe
Respondent No appearance
Order
HAVING heard Ms J O’Keefe on behalf of the applicant and there being no appearance on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –
THAT the Brushmakers’ Award (No. 30 of 1959) 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 7. – 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 the employer or be paid $10.35.
(2) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he 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 $10.35 for each such 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 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 amounts above prescribed.
2. Clause 9. – Leading Hands: Delete this clause and insert the following in lieu thereof:
An employee appointed by the employer as a leading hand shall be paid in addition to the prescribed rates:
|
|
|
Per Week |
|
|
|
$ |
|
(1) |
When placed in charge of not less than two nor more than four other employees |
29.80 |
|
(2) |
When placed in charge of five or more other employees |
37.00 |