The Shop, Distributive and Allied Employees' Association of Western Australia -v- Como Liquor Store, Balcatta Liquor Store, Wine Mine Wholesalers
Document Type: Order
Matter Number: APPL 53/2011
Matter Description: Licensed Establishments (Retail and Wholesale) Award 1979
Industry: Liquor and General Store
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S M Mayman
Delivery Date: 14 Nov 2011
Result: Award varied
Citation: 2011 WAIRC 01017
WAIG Reference: 91 WAIG 2330
LICENSED ESTABLISHMENTS (RETAIL AND WHOLESALE) AWARD 1979
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION OF WESTERN AUSTRALIA
APPLICANT
-V-
COMO LIQUOR STORE AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S M MAYMAN
DATE MONDAY, 14 NOVEMBER 2011
FILE NO/S APPL 53 OF 2011
CITATION NO. 2011 WAIRC 01017
Result Award varied
Representation
APPLICANT MR T POPE
RESPONDENT NO APPEARANCE
Order
HAVING heard Mr T Pope on behalf of applicant and there being no appearance on behalf of the respondents, and by consent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:
THAT the Licensed Establishments (Retail and Wholesale) Award 1979 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 the 14th day of November 2011.
COMMISSIONER S M MAYMAN
SCHEDULE
1. Clause 10. – Meal Times and Meal Allowance:
A. Delete subclause (2) of Part I of this clause and insert the following in lieu thereof:
(2) When an employee is required to continue working after the usual finishing time for more than one hour he/she shall be paid $12.45 for the purchase of any meal required.
B. Delete subclause (3) of Part II of this clause and insert the following in lieu thereof:
(3) When an employee is required to continue working after the usual finishing time for more than one hour he/she shall be paid $12.45 for the purchase of any meal required.
2. Clause 21. – Wages: Delete Part IV of this clause and insert the following in lieu thereof:
In addition to the rates prescribed elsewhere in this clause the following allowances and rates shall be paid to a worker where applicable.
(1) (a) An employee required to operate a ride-on power operated tow motor, a ride-on power operated pallet truck or a walk beside power operated high lift stacker in the performance of his/her duties shall be paid an additional 59 cents per hour whilst so engaged.
(b) An employee required to operate a ride-on operated fork lift, high lift stacker or high lift stock picker or a power operated overhead traversing hoist in the performance of his/her duties shall be paid an additional 80 cents per hour whilst so engaged.
(c) The allowances prescribed by this subclause shall not be payable to an employee engaged, and paid, as a "Storeman Operator Grade I" or a "Storeman Operator Grade II".
(2) (a) A worker shall receive an additional payment for every hour of which he spends 20 minutes or more in a cold chamber in accordance with the following:
In a cold chamber in which the temperature is:
(i) Below 0 degrees Celsius to -20 degrees Celsius - 87 cents per hour.
(ii) Below -20 degrees Celsius to -25 degrees Celsius - $1.01 cents per hour.
(iii) Below -25 degrees Celsius - $1.15 per hour.
(b) Employees required to work in temperatures less than -18.9 degrees Celsius shall be medically examined at the employer's expense.
LICENSED ESTABLISHMENTS (RETAIL AND WHOLESALE) AWARD 1979
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES The Shop, Distributive and Allied Employees' Association of Western Australia
APPLICANT
-v-
Como Liquor Store AND OTHERS
RESPONDENTS
CORAM Commissioner S M Mayman
DATE MONDAY, 14 NOVEMBER 2011
FILE NO/S APPL 53 OF 2011
CITATION NO. 2011 WAIRC 01017
Result Award varied
Representation
Applicant Mr T Pope
Respondent No appearance
Order
HAVING heard Mr T Pope on behalf of applicant and there being no appearance on behalf of the respondents, and by consent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:
THAT the Licensed Establishments (Retail and Wholesale) Award 1979 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 the 14th day of November 2011.
Commissioner S M Mayman
SCHEDULE
1. Clause 10. – Meal Times and Meal Allowance:
A. Delete subclause (2) of Part I of this clause and insert the following in lieu thereof:
(2) When an employee is required to continue working after the usual finishing time for more than one hour he/she shall be paid $12.45 for the purchase of any meal required.
B. Delete subclause (3) of Part II of this clause and insert the following in lieu thereof:
(3) When an employee is required to continue working after the usual finishing time for more than one hour he/she shall be paid $12.45 for the purchase of any meal required.
2. Clause 21. – Wages: Delete Part IV of this clause and insert the following in lieu thereof:
In addition to the rates prescribed elsewhere in this clause the following allowances and rates shall be paid to a worker where applicable.
(1) (a) An employee required to operate a ride-on power operated tow motor, a ride-on power operated pallet truck or a walk beside power operated high lift stacker in the performance of his/her duties shall be paid an additional 59 cents per hour whilst so engaged.
(b) An employee required to operate a ride-on operated fork lift, high lift stacker or high lift stock picker or a power operated overhead traversing hoist in the performance of his/her duties shall be paid an additional 80 cents per hour whilst so engaged.
(c) The allowances prescribed by this subclause shall not be payable to an employee engaged, and paid, as a "Storeman Operator Grade I" or a "Storeman Operator Grade II".
(2) (a) A worker shall receive an additional payment for every hour of which he spends 20 minutes or more in a cold chamber in accordance with the following:
In a cold chamber in which the temperature is:
(i) Below 0 degrees Celsius to -20 degrees Celsius - 87 cents per hour.
(ii) Below -20 degrees Celsius to -25 degrees Celsius - $1.01 cents per hour.
(iii) Below -25 degrees Celsius - $1.15 per hour.
(b) Employees required to work in temperatures less than -18.9 degrees Celsius shall be medically examined at the employer's expense.