Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Workers Union of Australia, Engineering & Electrical Div. -v- Hills Industries Ltd, Canberra Television Services, Indoor Amusement Games Co.
Document Type: Order
Matter Number: APPL 64/2009
Matter Description: Radio and Television Employees' Award
Industry: Communication Services
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S M Mayman
Delivery Date: 30 Nov 2009
Result: Award varied
Citation: 2009 WAIRC 01318
WAIG Reference: 90 WAIG 35
RADIO AND TELEVISION EMPLOYEES' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING, AND ALLIED WORKERS UNION OF AUSTRALIA, ENGINEERING & ELECTRICAL DIVISION, WA BRANCH
APPLICANT
-V-
HILLS INDUSTRIES LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S M MAYMAN
DATE TUESDAY, 15 DECEMBER 2009
FILE NO APPL 64 OF 2009
CITATION NO. 2009 WAIRC 01318
Result Award varied
Representation
APPLICANT MS N IRELAND
RESPONDENT NO APPEARANCE
Order
HAVING HEARD Ms N Ireland on behalf of the applicant and there being no appearance on behalf of the respondents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders:
THAT the Radio and Television Employees’ Award 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 11 December 2009.
COMMISSIONER S M MAYMAN
SCHEDULE
1. Clause 9. - Overtime: Delete subclause (3)(f) of this clause and insert the following in lieu thereof:
(f) Subject to the provisions of paragraph (g) 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 $11.40 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required they shall be supplied with each such meal by the employer or be paid $7.70 for each meal so required.
2. Clause 29. – Wages: Delete subclauses (2) and (5) of this clause and insert the following in lieu thereof:
(2) Leading Hands:
In addition to the appropriate total wage prescribed in subclause (1) of this Clause a leading hand shall be paid:
$
(a)
If placed in charge of not less than three and not
more than ten other employees
26.50
(b)
If placed in charge of more than ten and not
more than twenty other employees
40.30
(c)
If placed in charge of more than twenty other
employees
52.00
(5) (a) Where an employer does not provide a Serviceperson, Installer, Assembler or an apprentice with the tools ordinarily required by that Serviceperson, Installer, Assembler or apprentice in the performance of their work as a Serviceperson, Installer, Assembler or as an apprentice the employer shall pay a tool allowance of:-
(i) $14.50 per week to such Serviceperson, Installer or Assembler; or
(ii) In the case of an apprentice a percentage of $14.50 being the percentage which appears against their year of apprenticeship in subclause (3) of this Clause,
for the purpose of such Serviceperson, Installer, Assembler or apprentice supplying and maintaining tools ordinarily required in the performance of their work as a Serviceperson, Installer, Assembler or apprentice.
(b) Any tool allowance paid pursuant to paragraph (a) of this subclause shall be included in, and form part of, the ordinary weekly wage prescribed in this Clause.
(c) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments.
(d) A tradesperson or apprentice shall replace or pay for any tools supplied by their employer if lost through their negligence.
RADIO AND TELEVISION EMPLOYEES' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Workers Union of Australia, Engineering & Electrical Division, wa branch
APPLICANT
-v-
Hills Industries Ltd AND OTHERS
RESPONDENTS
CORAM Commissioner S M Mayman
DATE tuesday, 15 december 2009
FILE NO APPL 64 OF 2009
CITATION NO. 2009 WAIRC 01318
Result Award varied
Representation
Applicant Ms N Ireland
Respondent No appearance
Order
HAVING HEARD Ms N Ireland on behalf of the applicant and there being no appearance on behalf of the respondents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders:
THAT the Radio and Television Employees’ Award 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 11 December 2009.
Commissioner S M Mayman
SCHEDULE
1. Clause 9. - Overtime: Delete subclause (3)(f) of this clause and insert the following in lieu thereof:
(f) Subject to the provisions of paragraph (g) 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 $11.40 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required they shall be supplied with each such meal by the employer or be paid $7.70 for each meal so required.
2. Clause 29. – Wages: Delete subclauses (2) and (5) of this clause and insert the following in lieu thereof:
(2) Leading Hands:
In addition to the appropriate total wage prescribed in subclause (1) of this Clause a leading hand shall be paid:
|
|
$ |
|
|
|
(a) |
If placed in charge of not less than three and not more than ten other employees |
26.50 |
|
|
|
(b) |
If placed in charge of more than ten and not more than twenty other employees |
40.30 |
|
|
|
(c) |
If placed in charge of more than twenty other employees |
52.00 |
(5) (a) Where an employer does not provide a Serviceperson, Installer, Assembler or an apprentice with the tools ordinarily required by that Serviceperson, Installer, Assembler or apprentice in the performance of their work as a Serviceperson, Installer, Assembler or as an apprentice the employer shall pay a tool allowance of:-
(i) $14.50 per week to such Serviceperson, Installer or Assembler; or
(ii) In the case of an apprentice a percentage of $14.50 being the percentage which appears against their year of apprenticeship in subclause (3) of this Clause,
for the purpose of such Serviceperson, Installer, Assembler or apprentice supplying and maintaining tools ordinarily required in the performance of their work as a Serviceperson, Installer, Assembler or apprentice.
(b) Any tool allowance paid pursuant to paragraph (a) of this subclause shall be included in, and form part of, the ordinary weekly wage prescribed in this Clause.
(c) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments.
(d) A tradesperson or apprentice shall replace or pay for any tools supplied by their employer if lost through their negligence.