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 Chief Commissioner A R Beech

DATE Tuesday, 6 November 2012

FILE NO/S APPL 58 OF 2012

CITATION NO. 2012 WAIRC 00982

Result Award varied

Representation

Applicant Mr T Pope

Respondents No appearance

Order

HAVING heard Mr T Pope, for The Shop, Distributive and Allied Employees' Association of Western Australia, as applicant, and there being no appearance on behalf of the respondents, 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 variations shall have effect from the beginning of the first pay period on or after the 6th day of November 2012.

Chief Commissioner A R Beech

SCHEDULE

1. Clause 10. - Meal Times and Meal Allowance:

A. Delete subclause (2) of Part I - Retail Establishments 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 $12.75 for the purchase of any meal required.

B. Delete subclause (3) of Part II - Wholesale Establishments 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 $12.75 for the purchase of any meal required.

2. Clause 21. - Wages:  Delete Part IV - Additional Payments of this clause and insert the following in lieu thereof:

PART IV - ADDITIONAL PAYMENTS

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 61 cents per hour whilst so engaged.

(b) An employee required to operate a ride-on 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 83 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 - 90 cents per hour.

(ii) Below -20 degrees Celsius to -25 degrees Celsius - $1.04 cents per hour.

(iii) Below -25 degrees Celsius - $1.19 per hour.

(b) Employees required to work in temperatures less than -18.9 degrees Celsius shall be medically examined at the employer's expense.