2012 WAIRC 01122
GARDENERS (GOVERNMENT) 1986 AWARD NO. 16 OF 1983
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES UNITED VOICE WA
APPLICANT
-V-
THE HON. MINISTER FOR EDUCATION AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S M MAYMAN
DATE 20 DECEMBER 2012
FILE NO/S APPL 73 OF 2012
CITATION NO. 2012 WAIRC 01122

Result Award varied
Representation


APPLICANT MR S DANE

RESPONDENT MS N PYNE AND MR A HARPER


Order
HAVING HEARD Mr S Dane on behalf of United Voice WA and Ms N Pyne on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders:
THAT the Gardeners(Government) 1986 Award No. 16 of 1983 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 20 December 2012.



COMMISSIONER S M MAYMAN


SCHEDULE

1. Clause 16 – First Aid – Kits and Attendants: Remove subclause 16(2) of this clause and insert the following in lieu thereof:

(2) The employer shall, wherever practicable and where there are two or more employees, appoint an employee holding current first aid qualifications from St John Ambulance or similar body to carry out first aid duty at all works or depots where employees are employed. Such employees so appointed in addition to first aid duties, shall be responsible under the general supervision of the supervisor or foreperson for maintaining the contents of the first aid kit, conveying it to the place of work and keeping it in a readily accessible place for immediate use.

Employees so appointed shall be paid the following rates in addition to their prescribed rate per day:

Qualified Attendant
$ Per Day


10 employees or less
1.60
In excess of 10 employees
2.60


2. Clause 25 – Wages:

A. Remove subclause 25(3) of this clause and insert the following in lieu thereof:

(3) A Senior Gardener/Ground Attendant who is required to maintain turf wickets, bowling greens or tennis courts shall be paid in addition to the rates prescribed an amount of $7.40 per week. Occasional off-season attention shall not qualify an employee for payment under this subclause.

B. Remove subclause 25(5) of this clause and insert the following in lieu thereof:

(5) Leading Hands

Leading Hands and Senior Gardener/Ground Attendants if placed in charge of:

(a)
five and not more than ten other employees shall be paid $26.00 per week extra;
(b)
more than ten but not more than 20 other employees shall be paid $38.10 per week extra;
(c)
more than 20 other employees shall be paid $50.60 per week extra.

C. Remove subclause 25(10) of this clause and insert the following in lieu thereof:

(10) Toilet Cleaning Allowance (Zoological Gardens)


(a)
Employees of the Zoological Gardens Board covered by this award who are required to clean public toilets shall be paid 80 cents per closet, per week.
(b)
For the purposes of this subclause one metre of urinal shall count as one closet and three urinal stalls shall count as one closet.
(c)
All such employees shall be supplied with rubber gloves on request.


3. Clause 12 – Overtime: Remove subclause 12(2) of this clause and insert the following in lieu thereof:

(2) When an employee without being notified on the previous day or earlier is required to continue working after his usual knock off time for more than two hours, the employee shall be provided with a meal or be paid $12.20 in lieu thereof.


4. Clause 5 – Definitions: Remove subclause 5(5) of this clause and insert the following in lieu thereof:

(5) Union shall mean United Voice WA.


5. Schedule A – Parties to the Award: Remove Schedule A and insert the following in lieu thereof:

The following organisation is a party to this award:

United Voice WA