CLEANERS AND CARETAKERS (GOVERNMENT) AWARD 1975

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES United Voice WA

APPLICANT

-v-

The Hon Minister for Education and Training and Others

RESPONDENTS

CORAM Commissioner J L Harrison

DATE friday, 20 december 2013

FILE NO/S APPL 50 OF 2013

CITATION NO. 2013 WAIRC 01081

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 Cleaners and Caretakers (Government) Award 1975 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 3.2. - Overtime:  Delete subclause 3.2.3(a) of this clause and insert the following in lieu thereof:

3.2.3 (a) Any employee who, without being notified the previous day, is required to continue working for more than one hour after the usual ceasing time shall be provided with a meal by the employer or be paid $12.30 in lieu of the meal.

2. Clause 5.1. – Special Rates and Provisions:  Delete this clause and insert the following in lieu thereof:

5.1.1 (a) All employees called upon to clean closets connected with septic tanks or sewerage shall receive an allowance of 81 cents per closet per week.

(b) For the purposes of 5.1 – Special Rates and Provisions, one metre of urinal shall count as one closet and three urinal stalls shall count as one closet.

5.1.2 Employees called upon outside the ordinary working hours to wash towels shall be paid $5.05 per dozen for ordinary towels, and $3.70 per dozen for dusters, hand towels and tea towels.

5.1.3 All materials and appliances required in connection with the performance of the employee's duties shall be supplied by the employer.

5.1.4 (a) An employee shall not be required to work from the top of a ladder more than 3.5 metres long which rests on the ground or floor level unless provided with an assistant.

(b) (i) When window cleaning is done from a ladder and any portion of a window to be cleaned is more than seven metres from the nearest horizontal plane, the employee shall be paid an allowance of 15 cents per window.

(ii) The allowance prescribed in 5.1.4(b)(i) shall not be paid where adequate safety equipment such as fall-arrest and restraint systems is supplied.  Where such equipment is supplied, it must be used by the employee.

5.1.5 Employees who are required to work their ordinary hours each day in two shifts and where the break between the two shifts is not less than three hours, shall be paid an allowance of $4.70 per day.

5.1.6 An employee who is required to open and close classrooms, halls and other school facilities for any activities authorised by the Principal, shall be paid an allowance according to the following scale:

(c) An additional allowance of $4.70 shall be paid to a caretaker on each occasion they are required to open or close a school facility after 11.00 pm, Monday to Friday, or for any opening or closing required on a Saturday or Sunday after the initial opening and closing.  Provided that on a Saturday or Sunday the additional allowance shall not be paid if the duty is performed less than one hour after the initial or any subsequent opening or closing.

5.1.7 (a) Where practicable, suitable dressing accommodation shall be provided by the employer. Cleaning materials, tools and appliances shall not be kept in such rooms.

(b) All employees shall be provided with the facilities for boiling water.

(c) Employees shall be permitted to eat their meals in a convenient and clean place protected from the weather and employees shall remove all litter and foodstuffs after use.

(d) In the event of a dispute concerning the provisions of 5.1, the matter shall be resolved in accordance with the dispute resolution procedure of this award.

5.1.8 (a) Any wood chopping duties carried out by the employee shall be by agreement between the employer and the employee.

(b) Any employee performing wood chopping duties shall be paid an allowance of $17.95 per tonne to a maximum of:

(i) 100% of the weight of bushwood supplied or 50% of the weight of mill-ends supplied for enclosed fireplaces such as Wonderheats.

(ii) 50% of the weight of bushwood supplied or 20% of the weight of mill-ends supplied for open fireplaces.

5.1.9 (a) An estate attendant (Homeswest) who, in their privately owned vehicle, commutes from estate to estate and is required to carry sundry cleaning and/or gardening implements and/or supplies shall be paid $9.00 per week for all purposes of this award.

(b) The amount and type of equipment to be carried as prescribed in 5.1.9(a) will be agreed between the union and employer.

5.1.10 The rates expressed in 5.1 shall be adjusted by a percentage derived from the ASNA amount divided by the key minimum classification rate of a cleaner – level 1, year 1.

3. Clause 5.4. – First Aid:  Delete subclause 5.4.2(b) of this clause and insert the following in lieu thereof:

(b) Employees so appointed shall be paid the following rates in addition to their prescribed wage: