Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, WA Branch -v- Hills Industries Ltd., Canberra Television Services, Indoor Amusement Games Co.
Document Type: Order
Matter Number: APPL 16/2011
Matter Description: Radio and Television Employees' Award No. 3 of 1980
Industry: Entertainment
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S M Mayman
Delivery Date: 19 Apr 2011
Result: Award varied
Citation: 2011 WAIRC 00336
WAIG Reference: 91 WAIG 936
RADIO AND TELEVISION EMPLOYEES' AWARD NO. 3 OF 1980
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED WORKERS UNION OF AUSTRALIA, ENGINEERING AND ELECTRICAL DIVISION, WA BRANCH
APPLICANT
-V-
HILLS INDUSTRIES LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S M MAYMAN
DATE MONDAY, 16 MAY 2011
FILE NO/S APPL 16 OF 2011
CITATION NO. 2011 WAIRC 00336
Result Award varied
Representation
APPLICANT MS N IRELAND AND WITH HER MS B WARD ON BEHALF OF THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED WORKERS UNION OF AUSTRALIA, ENGINEERING AND ELECTRICAL DIVISION WA BRANCH
RESPONDENTS NO APPEARANCE
Order
HAVING HEARD Ms N Ireland and with her Ms B Ward on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division WA Branch and there being no appearance on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders:
THAT the Radio and Television Employees’ Award No. 3 of 1980 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 16 May 2011
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 $11.80 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 $8.00 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
27.20
(b)
If placed in charge of more than ten and not
more than twenty other employees
41.40
(c)
If placed in charge of more than twenty other
employees
53.40
(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) $14.90 per week to such Serviceperson, Installer or Assembler; or
(ii) In the case of an apprentice a percentage of $14.90 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 the employer if lost through their negligence.
RADIO AND TELEVISION EMPLOYEES' AWARD NO. 3 OF 1980
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, WA Branch
APPLICANT
-v-
Hills Industries LtD AND OTHERS
RESPONDENTS
CORAM Commissioner S M Mayman
DATE MONDAY, 16 MAY 2011
FILE NO/S APPL 16 OF 2011
CITATION NO. 2011 WAIRC 00336
Result Award varied
Representation
Applicant Ms N Ireland and with her Ms B Ward on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division WA Branch
Respondents No appearance
Order
HAVING HEARD Ms N Ireland and with her Ms B Ward on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division WA Branch and there being no appearance on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders:
THAT the Radio and Television Employees’ Award No. 3 of 1980 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 16 May 2011
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 $11.80 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 $8.00 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 |
27.20 |
|
|
|
(b) |
If placed in charge of more than ten and not more than twenty other employees |
41.40 |
|
|
|
(c) |
If placed in charge of more than twenty other employees |
53.40 |
(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) $14.90 per week to such Serviceperson, Installer or Assembler; or
(ii) In the case of an apprentice a percentage of $14.90 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 the employer if lost through their negligence.