2009 WAIRC 00231
RESTAURANT, TEAROOM AND CATERING WORKERS' AWARD, 1979
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES ON THE COMMISSION'S OWN MOTION

CORAM CHIEF COMMISSIONER A R BEECH
DATE THURSDAY, 30 APRIL 2009
FILE NO/S APPLA 15 OF 2009
CITATION NO. 2009 WAIRC 00231

Result Award varied
Representation Ms J. O'Keefe, on behalf of the Liquor, Hospitality and Miscellaneous Union
MR R. BALLUCCI ON BEHALF OF THE WA HOTELS AND HOSPITALITY ASSOCIATION INC (UNION OF EMPLOYERS)


Order
HAVING heard Ms J. O'Keefe on behalf of the Liquor, Hospitality and Miscellaneous Union and Mr R. Ballucci on behalf of the Western Australian Hotels and Hospitality Association Incorporated (Union of Employers) as agent for a number of the named parties to the Award, the Commission, pursuant to the powers conferred on it under s 40B(1)(d) of the Industrial Relations Act 1979, hereby orders –

THAT the Restaurant, Tearoom and Catering Workers' Award, 1979 be varied in accordance with the following schedule and that such variations shall have effect from the first pay period commencing on or after the 30th day of April 2009.



CHIEF COMMISSIONER A R BEECH



SCHEDULE

1. Clause 1. - Title: Delete this clause and insert the following in lieu thereof:

1. - TITLE

This Award shall be known as the Restaurant, Tearoom and Catering Workers' Award.

2. Clause 2. – Arrangement: Delete this clause and insert the following in lieu thereof:

2. - ARRANGEMENT

1. Title
2. Arrangement
3. Area
4. Scope
5. (deleted)
6. Definitions
7. Contract of Service
8. Hours
9. Additional Rates for Ordinary Hours
10. Overtime
11. Casual Employees
12. Part-Time Employees
13. Meal Breaks
14. Meal Money
15. Sick Leave
16. Bereavement Leave
17. Public Holidays
18. Annual Leave
19. Long Service Leave
20. Payment of Wages
20A. (deleted)
21. Wages
21A. Minimum Adult Award Wage
22. Junior Employees
23. Apprentices
24. Option for Annualised Salary
25. Higher Duties
26. Uniforms and Laundering
27. Protective Clothing
28. Employees’ Equipment
29. No Reductions
30. Board and/or Lodging
31. Travelling Facilities
32 Employment Record
33. Roster
34. Change and Rest Rooms
35. First Aid Kit
36. Posting of Award and Union Notices
37. Superannuation
38. Supported Wage System for Employees with Disabilities
39. Prohibition of Contracting Out of Award
40. Breakdowns
41. Location Allowance
42. Parental Leave
43. National Training Wage
44. Enterprise Flexibility
45. Right of Entry
46. Termination, Introduction Of Change And Redundancy
47. Anti-Discrimination
48. Resolution of Disputes
49. Further Claims
50. Union Delegates and Meetings
51. School Canteen Workers

Schedule A - Named Parties to the Award

Appendix – McDonald’s Australia Limited Franchisees

3. Clause 5. - Term: Delete this clause.

4. Clause 20A. – Translation of Full-Time and Part-Time Employees: Delete this clause.

5. Clause 21. - Wages: Delete this clause and insert the following in lieu thereof:

21. - WAGES

(1) The following shall be the minimum fortnightly rates of wage payable to full-time employees covered by this award –

Level

Classification

$ per Fortnight


Introductory
1114.80
Level 1

Food & Beverage Attendant Grade 1
Kitchen Attendant Grade 1
Guest Services Grade 1
Gardener
General Hand
Yardman

1148.20
Level 2

Food & Beverage Attendant Grade 2
Cook Grade 1
Kitchen Attendant Grade 2
Night Porter
Storeperson Grade 1
Doorperson/Security Officer Grade 1
Guest Services Grade 2

1198.40
Level 3

Food & Beverage Attendant Grade 3
Cook Grade 2
Kitchen Attendant Grade 3
Guest Services Grade 3
Storeperson Grade 2
Timekeeper/Security Officer Grade 2
Handyperson
Forklift Driver

1235.00
Level 4

Cook Grade 3
Storeperson Grade 3
Food & Beverage Attendant Grade 4
(Tradesperson)
Guest Service Grade 4

1302.40
Level 5

Cook Grade 4
Food & Beverage Supervisor
Guest Services Supervisor

1385.80
Level 6

Cook Grade 5

1423.60
6. Clause 22. – Junior Employees: Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Subject to the provisions of the Liquor Control Act, 1988, workers under the age of twenty-one years may be employed as junior workers in any of the occupations covered by this award, other than an apprenticeship trade.

7. Schedule A - Named Union Party: Delete this Schedule and insert the following in lieu thereof:

SCHEDULE A - NAMED PARTIES TO THE AWARD

Liquor, Hospitality and Miscellaneous Union, Western Australian Branch

Restaurant and Catering Industry Association of Employers of Western Australia Inc

Western Australian Hotels and Hospitality Association Incorporated (Union of Employers)

Frasers Restaurant

Forum Tea & Coffee Lounge

San Remo Pizza Parlour

Chesterton Lodge Catering

Shell Roadhouse Karratha

Meals on Wheels

Perth City Council

The City of Stirling

Westralian Farmers Co-Op Ltd

Co-Operative Bulk Handling Ltd

Peters Ice-Cream (W.A.) Pty Ltd

Arnott Biscuits Ltd

The Shell Co. of Australia Ltd

B.P. Refinery Pty Ltd

Yule Brook College Parents and Citizens’ Association Incorporated

Fast Eddy’s Café

8. Schedule B – Respondents: Delete this Schedule.

9. Appendix – McDonald's Australia Limited Franchisees: Delete from this Appendix the name Westmead Pty Ltd and insert the following in lieu thereof:

Haydar Family Restaurants Pty Ltd