Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Bowra and O'Dea Pty Ltd, Donald J Chipper & Son Pty Ltd, Mead Son & Co Pty Ltd
Document Type: Order
Matter Number: APPL 53/2008
Matter Description: Funeral Directors' Assistants' Award No. 18 of 1962
Industry: Funeral
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner P E Scott
Delivery Date: 22 Dec 2008
Result: Award varied
Citation: 2008 WAIRC 01751
WAIG Reference: 89 WAIG 142
FUNERAL DIRECTORS' ASSISTANTS' AWARD NO. 18 OF 1962
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
BOWRA AND O'DEA PTY LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER P E SCOTT
DATE MONDAY, 22 DECEMBER 2008
FILE NO/S APPL 53 OF 2008
CITATION NO. 2008 WAIRC 01751
Result Award varied
Order
HAVING heard Ms J O’Keefe on behalf of the Liquor, Hospitality and Miscellaneous Union, Western Australian Branch and there being no appearance on behalf of the respondents, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:
THAT the Funeral Directors’ Assistants’ Award (No. 18 of 1962) 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 the 9th day of December 2008.
COMMISSIONER P E SCOTT
SCHEDULE
1. Clause 9. – Meal Time and Meal Allowances: Delete subclause (3)(a) of this clause and insert the following in lieu thereof:
(3) (a) Subject to the provisions of paragraph (b) of this subclause an employee, required to work overtime for more than two hours, shall be supplied with a meal by the employer or be paid $10.20 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with such meal by the employer or paid $8.25 for each meal so required.
2. Clause 10. – Wages: Delete subclause (3) of this clause and insert the following in lieu thereof:
(3) Leading Hands: Any employee placed by the employer in charge of three or more other employees shall be paid $26.00 per week in addition to the amounts prescribed in this clause.
3. Clause 15. – Special Rates and Conditions: Delete subclauses (1) and (2) of this clause and insert the following in lieu thereof:
(1) An employee who is required to come into contact with a body which is in an advanced state of decomposition shall be paid $18.90. No employee shall be entitled to more than one payment in respect of each such case.
(2) An employee who is required to do any work in connection with an exhumation shall receive an allowance of $58.45 for each body exhumed. No worker shall be entitled to more than one payment in respect to each such case.
4. Clause 26. – Standing By: Delete subclauses (1) and (2) of this clause and insert the following in lieu thereof:
(1) Between the hours of 5.30 pm and midnight (Monday to Friday) - $10.95 per night.
(2) Between 7.00 am and midnight on a Saturday, Sunday or any of the holidays prescribed in Clause 12. - Public Holidays of this award - $23.50 per day.
5. Clause 27. – Car Allowance: Delete this clause and insert the following in lieu thereof:
27. - CAR ALLOWANCE
Where an employee is required and authorised to use his/her own motor vehicle he/she shall be paid 69 cents per kilometre for each kilometre travelled on his/her employer's business.
FUNERAL DIRECTORS' ASSISTANTS' AWARD NO. 18 OF 1962
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch
APPLICANT
-v-
Bowra and O'Dea Pty Ltd AND OTHERS
RESPONDENTS
CORAM Commissioner P E Scott
DATE MONday, 22 December 2008
FILE NO/S APPL 53 OF 2008
CITATION NO. 2008 WAIRC 01751
Result Award varied
Order
HAVING heard Ms J O’Keefe on behalf of the Liquor, Hospitality and Miscellaneous Union, Western Australian Branch and there being no appearance on behalf of the respondents, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:
THAT the Funeral Directors’ Assistants’ Award (No. 18 of 1962) 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 the 9th day of December 2008.
Commissioner P E Scott
SCHEDULE
1. Clause 9. – Meal Time and Meal Allowances: Delete subclause (3)(a) of this clause and insert the following in lieu thereof:
(3) (a) Subject to the provisions of paragraph (b) of this subclause an employee, required to work overtime for more than two hours, shall be supplied with a meal by the employer or be paid $10.20 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with such meal by the employer or paid $8.25 for each meal so required.
2. Clause 10. – Wages: Delete subclause (3) of this clause and insert the following in lieu thereof:
(3) Leading Hands: Any employee placed by the employer in charge of three or more other employees shall be paid $26.00 per week in addition to the amounts prescribed in this clause.
3. Clause 15. – Special Rates and Conditions: Delete subclauses (1) and (2) of this clause and insert the following in lieu thereof:
(1) An employee who is required to come into contact with a body which is in an advanced state of decomposition shall be paid $18.90. No employee shall be entitled to more than one payment in respect of each such case.
(2) An employee who is required to do any work in connection with an exhumation shall receive an allowance of $58.45 for each body exhumed. No worker shall be entitled to more than one payment in respect to each such case.
4. Clause 26. – Standing By: Delete subclauses (1) and (2) of this clause and insert the following in lieu thereof:
(1) Between the hours of 5.30 pm and midnight (Monday to Friday) - $10.95 per night.
(2) Between 7.00 am and midnight on a Saturday, Sunday or any of the holidays prescribed in Clause 12. - Public Holidays of this award - $23.50 per day.
5. Clause 27. – Car Allowance: Delete this clause and insert the following in lieu thereof:
27. - CAR ALLOWANCE
Where an employee is required and authorised to use his/her own motor vehicle he/she shall be paid 69 cents per kilometre for each kilometre travelled on his/her employer's business.