Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Brownes Dairy Pty Ltd T/A P B Foods, Masters Dairy Ltd. T/A National Foods

Document Type: Order

Matter Number: APPL 65/2008

Matter Description: Dairy Factory Workers' Award 1982

Industry: Dairy Product Manufacturing

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner S J Kenner

Delivery Date: 9 Dec 2008

Result: Award varied

Citation: 2008 WAIRC 01712

WAIG Reference: 89 WAIG 139

DOC | 62kB
2008 WAIRC 01712
DAIRY FACTORY WORKERS' AWARD 1982
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
BROWNES DAIRY PTY LTD T/A P B FOODS AND ANOTHER
RESPONDENTS
CORAM COMMISSIONER S J KENNER
DATE TUESDAY, 9 DECEMBER 2008
FILE NO/S APPL 65 OF 2008
CITATION NO. 2008 WAIRC 01712

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 Dairy Factory Workers’ Award 1982 (No. A 15 of 1982) 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 6. – Special Rates: Delete this clause and insert the following in lieu thereof:

(1) An employee required to enter and clean any enclosed vat or tank shall be paid 55 cents per clean.

(2) An employee required to clean out a "powder box" or "spray drier" shall be paid $1.47 per clean.

(3) An employee shall receive 70 cents for every hour of which he/she spends 20 minutes or more in a cold chamber in which the temperature is less than 0C.

(4) An employee shall receive 24 cents for every hour he/she spends in a cold chamber in which the temperature is between 4C and 0C inclusive.


2. Clause 8. – Leading Hands: Delete this clause and insert the following in lieu thereof:

In addition to the rates prescribed in Clause 29. - Wages, of this award a leading hand shall be paid -



Per Week$
(1)
if placed in charge of not less than three and not more than ten other employees
26.10
(2)
if placed in charge of more than ten and not more than 20 other employees
40.00
(3)
if placed in charge of more than 20 other employees
51.30


3. Clause 11. – Meal Money:

A Delete subclause (1) (a) of this clause and insert the following in lieu thereof:

(1) (a) Subject to the provisions of this clause an employee who is required to continue working after his usual ceasing time for more than two hours shall be supplied with a meal by his employer or be paid $9.75 for a meal.


B Delete subclause (2) of this clause and insert the following in lieu thereof:

(2) Where the amount of overtime worked is at least four hours from the time the employee became entitled to a meal, the employer shall supply an additional meal or pay to the employee $8.45 for each such additional meal.


4. Clause 28. – Vehicle Allowance: Delete subclause (2) (c) of this clause and insert the following in lieu thereof:

(c) A year for the purpose of this clause shall commence on the 1st day of July and end on the 30th day of June next following.

Rates of hire for use of employee's own vehicle on employer's business


Schedule 1 - Motor Vehicle Allowances

Area Details
Engine Displacement (in cubic centimetres)

Over 2600cc
OVER 1600CC - & 2600CC
1600cc Under

Rate per kilometre (Cents)




Metropolitan Area
88.4
76.7
68.0




South West Land Division
90.9
78.9
70.1




North of 23.5° South Latitude
99.7
87.0
77.5




Rest of the State
93.8
81.5
72.3

Schedule 2 - Motor Cycle Allowances

Distance travelled during a year on Official Business
Rate per Kilometre (Cents)


All areas of the State
30.5

Motor vehicles with rotary engines are to be included in the 1600-2600cc category.

Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Brownes Dairy Pty Ltd T/A P B Foods, Masters Dairy Ltd. T/A National Foods

DAIRY FACTORY WORKERS' AWARD 1982

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch

APPLICANT

-v-

Brownes Dairy Pty Ltd T/A P B Foods and another

RESPONDENTS

CORAM Commissioner S J Kenner

DATE tuesday, 9 december 2008

FILE NO/S APPL 65 OF 2008

CITATION NO. 2008 WAIRC 01712

 

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 Dairy Factory Workers’ Award 1982 (No. A 15 of 1982) 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 6. – Special Rates: Delete this clause and insert the following in lieu thereof:

 

(1) An employee required to enter and clean any enclosed vat or tank shall be paid 55 cents per clean.

 

(2) An employee required to clean out a "powder box" or "spray drier" shall be paid $1.47 per clean.

 

(3) An employee shall receive 70 cents for every hour of which he/she spends 20 minutes or more in a cold chamber in which the temperature is less than 0C.

 

(4) An employee shall receive 24 cents for every hour he/she spends in a cold chamber in which the temperature is between 4C and 0C inclusive.

 

 

2. Clause 8. – Leading Hands: Delete this clause and insert the following in lieu thereof:

 

In addition to the rates prescribed in Clause 29. - Wages, of this award a leading hand shall be paid -

 

 

 

Per Week$

(1)

if placed in charge of not less than three and not more than ten other employees

26.10

(2)

if placed in charge of more than ten and not more than 20 other employees

40.00

(3)

if placed in charge of more than 20 other employees

51.30

 

 

3. Clause 11. – Meal Money:

 

A Delete subclause (1) (a) of this clause and insert the following in lieu thereof:

 

(1) (a) Subject to the provisions of this clause an employee who is required to continue working after his usual ceasing time for more than two hours shall be supplied with a meal by his employer or be paid $9.75 for a meal.

 

 

B Delete subclause (2) of this clause and insert the following in lieu thereof:

 

(2) Where the amount of overtime worked is at least four hours from the time the employee became entitled to a meal, the employer shall supply an additional meal or pay to the employee $8.45 for each such additional meal.

 

 

4. Clause 28. – Vehicle Allowance: Delete subclause (2) (c) of this clause and insert the following in lieu thereof:

 

(c) A year for the purpose of this clause shall commence on the 1st day of July and end on the 30th day of June next following.

 

Rates of hire for use of employee's own vehicle on employer's business

 

 

Schedule 1 - Motor Vehicle Allowances

 

Area Details

Engine Displacement (in cubic centimetres)

 

Over 2600cc

Over 1600cc - & 2600cc

1600cc Under

 

Rate per kilometre (Cents)

 

 

 

 

Metropolitan Area

88.4

76.7

68.0

 

 

 

 

South West Land Division

90.9

78.9

70.1

 

 

 

 

North of 23.5° South Latitude

99.7

87.0

77.5

 

 

 

 

Rest of the State

93.8

81.5

72.3

 

Schedule 2 - Motor Cycle Allowances

 

Distance travelled during a year on Official Business

Rate per Kilometre (Cents)

 

 

All areas of the State

30.5

 

Motor vehicles with rotary engines are to be included in the 1600-2600cc category.