United Voice WA -v- The Hon. Minister for Education, The Hon. Premier of Western Australia, The Hon. Minister for Agriculture

Document Type: Order

Matter Number: APPL 32/2014

Matter Description: Gardeners (Government) 1986 Award No. 16 of 1983

Industry: Gardening

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner S M Mayman

Delivery Date: 28 Nov 2014

Result: Award varied

Citation: 2014 WAIRC 01287

WAIG Reference: 94 WAIG 1886

DOC | 50kB
2014 WAIRC 01287
GARDENERS (GOVERNMENT) 1986 AWARD NO. 16 OF 1983
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES UNITED VOICE WA
APPLICANT
-V-
THE HON. MINISTER FOR EDUCATION, THE HON. PREMIER OF WESTERN AUSTRALIA , THE HON. MINISTER FOR AGRICULTURE
RESPONDENT
CORAM COMMISSIONER S M MAYMAN
DATE FRIDAY, 28 NOVEMBER 2014
FILE NO/S APPL 32 OF 2014
CITATION NO. 2014 WAIRC 01287

Result Award varied
Representation


APPLICANT MR S DANE

RESPONDENT MR R DAVENPORT (AS AGENT)


Order
HAVING heard Mr S Dane for United Voice WA, as applicant and Mr R Davenport as agent for The Hon. Minister for Education, The Hon. Premier of Western Australia, The Hon. Minister for Agriculture; and by consent, 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 variations shall have effect on or after 28 November 2014.




COMMISSIONER S M MAYMAN
SCHEDULE

1. Clause 16 - First Aid- Kits and Attendants: Remove sub clause 16.2 of this clause and insert the following in lieu thereof:

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 1.70

In excess of 10 employees 2.70


2. Clause 25 - Wages: Remove sub clause 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 $7.80 per week. Occasional off-season attention shall not qualify an employee for payment under this subclause.


3. Clause 25 - Wages: Remove sub clause 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 $27.40 per week extra;
(b) more than ten but not more than 20 other employees shall be paid $40.20 per week extra;
(c) more than 20 other employees shall be paid $53.30 per week extra.


4. Clause 25 - Wages: Remove sub clause 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 85 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.


5. Clause 12 - Overtime: Remove sub clause 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 $12.65 in lieu thereof.
United Voice WA -v- The Hon. Minister for Education, The Hon. Premier of Western Australia , The Hon. Minister for Agriculture

GARDENERS (GOVERNMENT) 1986 AWARD NO. 16 OF 1983

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES United Voice WA

APPLICANT

-v-

The Hon. Minister for Education, The Hon. Premier of Western Australia , The Hon. Minister for Agriculture

RESPONDENT

CORAM Commissioner S M Mayman

DATE friday, 28 november 2014

FILE NO/S APPL 32 OF 2014

CITATION NO. 2014 WAIRC 01287

 

Result Award varied

Representation

 


Applicant Mr S Dane

 

Respondent Mr R Davenport (as agent)

 

 

Order

HAVING heard Mr S Dane for United Voice WA, as applicant and Mr R Davenport as agent for The Hon. Minister for Education, The Hon. Premier of Western Australia, The Hon. Minister for Agriculture; and by consent, 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 variations shall have effect on or after 28 November 2014.

 

 

 

 

Commissioner S M Mayman


SCHEDULE

 

1.  Clause 16 - First Aid- Kits and Attendants: Remove sub clause 16.2 of this clause and insert the following in lieu thereof:

 

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  1.70

 

In excess of 10 employees  2.70

 

 

2. Clause 25 - Wages: Remove sub clause 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 $7.80 per week. Occasional off-season attention shall not qualify an employee for payment under this subclause.

 

 

3. Clause 25 - Wages: Remove sub clause 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 $27.40 per week extra;

(b) more than ten but not more than 20 other employees shall be paid $40.20 per week extra;

(c)  more than 20 other employees shall be paid $53.30 per week extra.

 

 

4. Clause 25 - Wages: Remove sub clause 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 85 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.

 

 


5. Clause 12 - Overtime: Remove sub clause 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 $12.65 in lieu thereof.