2013 WAIRC 01080
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 J L HARRISON
DATE FRIDAY, 20 DECEMBER 2013
FILE NO/S APPL 49 OF 2013
CITATION NO. 2013 WAIRC 01080

Result Award varied
Representation


APPLICANT MS A HAMLIN AND MR S DANE

RESPONDENTS MS A MCCRACKEN AND MR R HEAPERMAN (AS AGENTS)


Order

HAVING heard Ms A Hamlin and Mr S Dane on behalf of the applicant and Ms A McCracken and Mr R Heaperman as agents on behalf of the respondents, the Commission, pursuant to the powers conferred 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 18 December 2013.






COMMISSIONER J L HARRISON


SCHEDULE

1. Clause 12. - Overtime: Delete subclause (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 $12.30 in lieu thereof.


2. Clause 16. – First Aid – Kits and Attendants: Delete subclause (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
1.65
In excess of 10 employees
2.65


3. Clause 25. – Wages:

A. Delete subclause (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 $7.60 per week. Occasional off-season attention shall not qualify an employee for payment under this subclause.


B. Delete subclause (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 $26.70 per week extra;

(b) more than ten but not more than 20 other employees shall be paid $39.10 per week extra;

(c) more than 20 other employees shall be paid $51.90 per week extra.


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

(a)
Employees of the Zoological Gardens Board covered by this award who are required to clean public toilets shall be paid 82 cents per closet, per week.