CLUB WORKERS' AWARD, 1976

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 7 OF 2009

CITATION NO. 2009 WAIRC 00233

Result Award varied

Representation Ms J. O'Keefe, on behalf of the Liquor, Hospitality and Miscellaneous Union

Ms A. Lynch and later Mr R. Ballucci on behalf of WA Hotels and Hospitality Association Incorporated (Union of Employers) on behalf of one named party to the Award

Order

HAVING heard Ms J. O'Keefe on behalf of the Liquor, Hospitality and Miscellaneous Union and Ms A. Lynch, and later Mr R. Ballucci on behalf of Western Australian Hotels and Hospitality Association Incorporated (Union of Employers) on behalf of one 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 Club Workers' Award, 1976 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 Club Workers' Award and replaces awards numbered 45 of 1968, as amended, and, 45A of 1968, as amended.

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

10A. (deleted)

11. Casual Employees

12. Part-Time Employees

13. Meal Breaks

14. Meal Money

15. Sick Leave

16. Bereavement Leave

17. Holidays

18. Annual Leave

19. Long Service Leave

20. Payment of Wages

21. Wages

21A. Minimum Wage - Adult Males & Females

21B. (deleted)

22. Junior Employees

23. Apprentices

24. Option for Annualised Salary

25. Higher Duties

26. Uniforms and Laundering

27. Protective Clothing

28. Employee Equipment

29. No Reduction

30. Board and/or Lodging

31. Travelling Facilities

32. Record

33. Roster

34. Change and Rest Rooms

35. First Aid Kit

36  Posting of Award and Union Notices

37. Superannuation

38. Over-award Payments

39. Under-Rate Employees

40. Prohibition of Contracting Out of Award

41. District Allowance

42. Breakdowns

43. Parental Leave

44. National Training Wage

45. Enterprise Flexibility

46. Changes with Significant Effect and Redundancy

47. Right of Entry

48. Union Delegates and Meetings

49. Redundancy

50. Anti-Discrimination

51. No Extra Claims

52. Further Claims

Appendix - Resolution of Disputes Requirement

Schedule A - Named Parties to the Award

3.  Clause 4. – Scope:  Delete this clause and insert the following in lieu thereof:

4. - SCOPE

This award shall apply to all workers employed in the callings described in Clause 21. - Wages of this award, in any club licensed to sell liquor, pursuant to the Liquor Control Act, 1988.

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

5. Clause 10A. - Translation of Casual Employees:  Delete this clause.

6. Clause 21. - Wages:  Delete subclause (1) of this clause and insert the following in lieu thereof:

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

7. Clause 21B. - Translation of Full-Time and Part-Time Employees:  Delete this clause.

8. 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, employees under the age of twenty-one years may be employed as junior employees in any of the occupations covered by this award, other than an apprenticeship trade.

9. Clause 32. - Record:  Delete this clause and insert the following in lieu thereof:

32. - RECORD

Employment records shall be kept and accessed in accordance with sections 49D and 49E of the Industrial Relations Act, 1979. 

10. Clause 47. - Right of Entry:  Delete this clause and insert the following in lieu thereof:

47. - RIGHT OF ENTRY

An authorised representative of an organisation has right of entry in accordance with Division 2G of the Industrial Relations Act, 1979.

11. 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

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

Kalamunda Club (Inc)

Bellevue Returned Serviceman's Club (Inc)

Gosnells Bowling and Recreation Club (Inc)

Air Force Association Country Club (Inc)

Royal Perth Golf Club (Inc)

Royal Perth Yacht Club of W.A.  (Inc)

Fremantle Club (Inc)

East Fremantle Football Club (Inc)

Commercial Club

Collie Club (Inc)

Pemberton Country Club (Inc)

Emu Point Progress Association Sporting Club (Inc)

Northam Workers Club

Moora Club (Inc)

Geraldton Yacht Club (Inc)

Merredin Bowling and Tennis Club (Inc)

Kalgoorlie Ex-Serviceman's Memorial Club (Inc)

Ord River Sports Club (Inc)

12. Schedule B - Respondents:  Delete this Schedule.

13. Schedule C - Letter to Employees:  Delete this Schedule.

14. Delete the words:  DATED at Perth this 7th day of May, 1976.