CATERING EMPLOYEES AND TEA ATTENDANTS (GOVERNMENT) AWARD 1982

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES United Voice WA

APPLICANT

-v-

The Minister for Labour Relations, The Minister for Primary Industry, The Minister for Community Development

RESPONDENTS

CORAM Commissioner S M Mayman

DATE monday, 27 May 2013

FILE NO/S APPL 22 OF 2013

CITATION NO. 2013 WAIRC 00321

Result Award varied

Representation

Applicant Mr S Dane

Respondent Ms N Arys

Order

HAVING heard Mr S Dane, for United Voice WA, as applicant and Ms N Arys, as agent for The Minister for Labour Relations and others; and by consent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:

THAT the Catering Employees and Tea Attendants (Government) Award 1982 be varied in accordance with the following schedule and that such variations shall have effect from the first pay period on or after the 27th day of May 2013.

Commissioner S M Mayman

SCHEDULE

1. Clause 9 - Additional Rates for Ordinary Hours: Delete Subclauses 9(1) and 9(2) replace it with the following:

9. – ADDITIONAL RATES FOR ORDINARY HOURS

(1) A full-time or part-time employee who is required to work any ordinary hours between 7.00 pm and 7.00 am Monday to Friday, inclusive, shall be paid, in addition to the appropriate wage set out in Clause 22. - Wages, an additional payment equivalent to 15% of the wages paid for the time so worked with a minimum payment of $3.65 per day.

(2) An employee who is required Lo work any of his ordinary hours on any day in more than one period of employ and other than for meal breaks as prescribed by Clause 13. - Meal Breaks of this award, shall be paid an allowance of $3.20 per day, for such broken work period worked.

2. Clause 14 - Meal Money: Delete Clause 14 and replace it with the following:

14. – MEAL MONEY

When an employee is required to work overtime for more than one hour on any day, he or she will either be supplied with a substantial meal by the employer or be paid $12.65 meal money.

3. Clause 19 - Annual Leave: Delete subclause (10) and replace it with the following:

(10) Annual leave may be taken in more than one period of leave, by mutual agreement between the employer and employee.

4. Clause 22 - Wages: Delete Subclauses 22(2) and 22(3) and replace it with the following:

CLAUSE 22. – WAGES

(2) In addition to the above wage rates service pay will be paid for each year of service at the following rates per week:

Year 1    $  95.30

Year 2    $104.00

Year 3 and thereafter  $111.80

(3) Leading Hands -

An employee (other than a Chef) who is appointed and placed in charge of other employees by the employer shall be paid the following rates in addition to his or her normal wage per week:-

(a) If placed in charge of less than six employees $ 15.80

(b) If placed in charge of six to ten employees  $ 21.30

(c) If placed in charge of 11 to 20 employees  $ 24.50

(d) If placed in charge of more than 20 employees $ 41.00

5. Clause 25 – Bar Work: Delete Clause 25 and insert the following

25. – BAR WORK

Any employee other than a Bar Attendant, who in addition to their normal duties is required to dispense liquor from a bar, shall be paid a flat rate of $1.25 cents per day in addition to the rate prescribed for such normal duties.

6. Clause 27 - Uniforms and Laundering: Delete Clause 27 and insert the following:

27. – UNIFORMS AND LAUNDERING

Where uniforms are required to be worn by the employer they shall be supplied and laundered by the employer and remain the property of the employer, provided that in lieu of the employer laundering same, the employee shall be paid $4.80 per week for such laundering.  Provided further, that any employee employed as a Cook shall be paid $7.20 per week for laundering.

7. Clause 28 - Protective Clothing: Delete Subclause 28(1) and replace it with the following:

28. – PROTECTIVE CLOTHING

(1) Employees who are required to wash dishes. or otherwise handle detergents, acids, soaps or any injurious substances, shall be supplied with rubber gloves free of charge by the employer, or be paid an allowance of $2.40 per week in lieu.

8. Clause 29 – Employers Equipment – Delete Clause 29 and replace it with the following:

29. – EMPLOYEE’S EQUIPMENT

All knives, choppers, tools, brushes. towels and other utensils, implements and material which may be required to be used by the employee for the purpose of carrying out their duties, shall be supplied by the employer free of charge.

Provided that where an employee is required by the employer to use his own knives he shall be paid an allowance of $11.50 per week.

9. Schedule A - Named Union Party: Change the named union party to:

United Voice WA