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 46/2012
Matter Description: Radio and Television Employees' Award
Industry: Entertainment
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S M Mayman
Delivery Date: 28 Sep 2012
Result: Award varied
Citation: 2012 WAIRC 00884
WAIG Reference: 92 WAIG 1775
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 AND ELECTRICAL DIVISION, WA BRANCH
APPLICANT
-V-
HILLS INDUSTRIES LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S M MAYMAN
DATE FRIDAY, 28 SEPTEMBER 2012
FILE NO/S APPL 46 OF 2012
CITATION NO. 2012 WAIRC 00884
Result Award varied
Representation
APPLICANT MS N IRELAND AND MS B WARD
RESPONDENT 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 26 September 2012.
COMMISSIONER S M MAYMAN
SCHEDULE
1. Clause 9. – Overtime: Delete paragraph (f) of subclause (3) of this clause and insert 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 $12.30 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 $8.35 for each meal so required.
2. Clause 13. – Car Allowance: Delete subclause (3) of this clause and insert in lieu thereof the following:
(3) A year for the purpose of this Clause shall commence on 1 July and end on 30 June next following.
RATES OF HIRE FOR USE OF EMPLOYEE'S OWN VEHICLE
ON EMPLOYER'S BUSINESS
MOTOR CAR
AREA AND DETAILS
ENGINE DISPLACEMENT (IN CUBIC CENTIMETRES)
Over 2600cc
Over 1600cc -2600cc
1600cc & Under
Rate per Kilometre (Cents)
Metropolitan Area
81.3
72.6
63.2
South West Land Division
83.1
74.4
64.7
North of 23.5 ' South Latitude
91.3
81.9
71.5
Rest of the State
85.8
76.9
67.0
Motor Cycle (In All Areas)
27.8 cents per kilometre
2. Clause 14. – Distant Work: Delete subclause (4) of this clause and insert in lieu thereof the following:
(4) Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job the employee shall be provided with suitable transport to and from that job or be paid an allowance of $15.20 per day provided that where the time actually spent in travelling either to or from the job exceeds twenty minutes, that excess travelling time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.
4. 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
29.00
(b)
If placed in charge of more than ten and not
more than twenty other employees
44.00
(c)
If placed in charge of more than twenty other
employees
56.90
(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) $15.80 per week to such Serviceperson, Installer or Assembler; or
(ii) In the case of an apprentice a percentage of $15.80 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
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 friday, 28 September 2012
FILE NO/S APPL 46 OF 2012
CITATION NO. 2012 WAIRC 00884
Result Award varied
Representation
Applicant Ms N Ireland and Ms B Ward
Respondent 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 26 September 2012.
Commissioner S M Mayman
SCHEDULE
1. Clause 9. – Overtime: Delete paragraph (f) of subclause (3) of this clause and insert 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 $12.30 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 $8.35 for each meal so required.
2. Clause 13. – Car Allowance: Delete subclause (3) of this clause and insert in lieu thereof the following:
(3) A year for the purpose of this Clause shall commence on 1 July and end on 30 June next following.
RATES OF HIRE FOR USE OF EMPLOYEE'S OWN VEHICLE
ON EMPLOYER'S BUSINESS
MOTOR CAR
AREA AND DETAILS |
ENGINE DISPLACEMENT (IN CUBIC CENTIMETRES) |
||
|
|
|
|
|
Over 2600cc |
Over 1600cc -2600cc |
1600cc & Under |
|
|
|
|
Rate per Kilometre (Cents) |
|
|
|
|
|
|
|
Metropolitan Area |
81.3 |
72.6 |
63.2 |
South West Land Division |
83.1 |
74.4 |
64.7 |
North of 23.5 ' South Latitude |
91.3 |
81.9 |
71.5 |
Rest of the State |
85.8 |
76.9 |
67.0 |
Motor Cycle (In All Areas) |
27.8 cents per kilometre |
||
|
|||
2. Clause 14. – Distant Work: Delete subclause (4) of this clause and insert in lieu thereof the following:
(4) Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job the employee shall be provided with suitable transport to and from that job or be paid an allowance of $15.20 per day provided that where the time actually spent in travelling either to or from the job exceeds twenty minutes, that excess travelling time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.
4. 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 |
29.00 |
|
|
|
(b) |
If placed in charge of more than ten and not more than twenty other employees |
44.00 |
|
|
|
(c) |
If placed in charge of more than twenty other employees |
56.90 |
(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) $15.80 per week to such Serviceperson, Installer or Assembler; or
(ii) In the case of an apprentice a percentage of $15.80 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.