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
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.
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.