(Commission's own motion) -v- (Not applicable)
Document Type: Order
Matter Number: APPLA 10/2009
Matter Description: Motel, Hostel, Service Flats and Boarding House Workers' Award, 1976
Industry: Hotel
Jurisdiction: Single Commissioner
Member/Magistrate name: Chief Commissioner A R Beech
Delivery Date: 30 Apr 2009
Result: Award varied
Citation: 2009 WAIRC 00235
WAIG Reference: 89 WAIG 501
MOTEL, HOSTEL, SERVICE FLATS AND BOARDING HOUSE 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 APPL A 10 OF 2009
CITATION NO. 2009 WAIRC 00235
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 Motel, Hostel, Service Flats and Boarding House 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 Motel, Hostel, Service Flats and Boarding House 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
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
20A. (deleted)
21. Wages
21A. Minimum Wage - Adult Males & Females
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. Breakdowns
41. Prohibition of Contracting Out of Award
42. Location Allowance
43. Parental Leave
44. National Training Wage
45. Enterprise Flexibility
46. Changes with Significant Effect and Redundancy
47. Right of Entry
48. Redundancy
49. Anti-Discrimination
50. (deleted)
51. Further Claims
52. Union Delegates and Meetings
Appendix – Resolution of Disputes Requirement
Schedule A – Named Parties to the Award
3. Clause 5. - Term: Delete this clause.
4. Clause 10A. - Translation of Casual Employees: Delete this clause.
5. Clause 11. - Casual Employees: Delete subclause (4) of this clause and insert the following in lieu thereof:
(4) In addition to the hourly base rate of pay prescribed in sub-clause (3) of this clause, a casual employee shall also be paid the following loading –
DAY
% PENALTY RATE
Monday to Friday
25
Saturday & Sunday
50
Public Holiday
125
6. Clause 20A. - Translation of Full-Time and Part-Time Employees: Delete this clause.
7. Clause 21. - Wages: Delete this subclause (1) of this clause and insert the following in lieu thereof:
21. – WAGES
Level
Classification
$ per Fortnight
Introductory
1114.80
Level 1
Food & Beverage Attendant Grade 1
Kitchen Attendant Grade1
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
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 replace it with 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 replace it with 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. Clause 50. - No Extra Claims: Delete this clause.
12. 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)
Belmont Park Motel
Railton Private Hotel
Park Lane Apartments
Country Women's Association Hostel
Girls' Friendly Society Lodge
Y.M.C.A. Hostel
Y.W.C.A. Hostel
Amelia House
Kings Park Lodge
John Wilson Lodge
Auto Lodge
Swanview Motel
Southway Service Flats
Town Lodge
Highway Motel, Bentley
Toorak Lodge
Arkaba Inn
Rose & Crown Hotel
Mt. Lawley Guest House
Hamersley Cottage
Gildercliffe Lodge
Matilda Gard Hostel
Devonia Lodge
Highway Marquis Motel, Bunbury
Transway Motel, Manjimup
Highway Motel, Esperance
Highway Motel, Kalgoorlie
Surrey House Private Hotel, Kalgoorlie
Northam Motel
Hacienda Motel, Geraldton
Highway Motel, Carnarvon
Highway Motel, Port Hedland
12. Schedule B - Respondents: Delete this Schedule.
13. Schedule C - Letter to Employees: Delete this Schedule.
14. Appendix - S.49B - Inspection Of Records Requirements: Delete this Appendix.
15. Delete the words: DATED at Perth this 17th day of August, 1976.
MOTEL, HOSTEL, SERVICE FLATS AND BOARDING HOUSE 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 APPL A 10 OF 2009
CITATION NO. 2009 WAIRC 00235
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 Motel, Hostel, Service Flats and Boarding House 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 Motel, Hostel, Service Flats and Boarding House 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
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
20A. (deleted)
21. Wages
21A. Minimum Wage - Adult Males & Females
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. Breakdowns
41. Prohibition of Contracting Out of Award
42. Location Allowance
43. Parental Leave
44. National Training Wage
45. Enterprise Flexibility
46. Changes with Significant Effect and Redundancy
47. Right of Entry
48. Redundancy
49. Anti-Discrimination
50. (deleted)
51. Further Claims
52. Union Delegates and Meetings
Appendix – Resolution of Disputes Requirement
Schedule A – Named Parties to the Award
3. Clause 5. - Term: Delete this clause.
4. Clause 10A. - Translation of Casual Employees: Delete this clause.
5. Clause 11. - Casual Employees: Delete subclause (4) of this clause and insert the following in lieu thereof:
(4) In addition to the hourly base rate of pay prescribed in sub-clause (3) of this clause, a casual employee shall also be paid the following loading –
DAY |
% PENALTY RATE |
|
|
Monday to Friday |
25 |
Saturday & Sunday |
50 |
Public Holiday |
125 |
6. Clause 20A. - Translation of Full-Time and Part-Time Employees: Delete this clause.
7. Clause 21. - Wages: Delete this subclause (1) of this clause and insert the following in lieu thereof:
21. – WAGES
Level
|
Classification
|
$ per Fortnight |
|
Introductory |
1114.80 |
Level 1
|
Food & Beverage Attendant Grade 1 Kitchen Attendant Grade1 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 |
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 replace it with 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 replace it with 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. Clause 50. - No Extra Claims: Delete this clause.
12. 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)
Belmont Park Motel
Railton Private Hotel
Park Lane Apartments
Country Women's Association Hostel
Girls' Friendly Society Lodge
Y.M.C.A. Hostel
Y.W.C.A. Hostel
Amelia House
Kings Park Lodge
John Wilson Lodge
Auto Lodge
Swanview Motel
Southway Service Flats
Town Lodge
Highway Motel, Bentley
Toorak Lodge
Arkaba Inn
Rose & Crown Hotel
Mt. Lawley Guest House
Hamersley Cottage
Gildercliffe Lodge
Matilda Gard Hostel
Devonia Lodge
Highway Marquis Motel, Bunbury
Transway Motel, Manjimup
Highway Motel, Esperance
Highway Motel, Kalgoorlie
Surrey House Private Hotel, Kalgoorlie
Northam Motel
Hacienda Motel, Geraldton
Highway Motel, Carnarvon
Highway Motel, Port Hedland
12. Schedule B - Respondents: Delete this Schedule.
13. Schedule C - Letter to Employees: Delete this Schedule.
14. Appendix - S.49B - Inspection Of Records Requirements: Delete this Appendix.
15. Delete the words: DATED at Perth this 17th day of August, 1976.