Electrical Trades Union WA -v- Hills Industries Ltd., Canberra Television Services, Indoor Amusement Games Co.
Document Type: Order
Matter Number: APPL 45/2014
Matter Description: Radio and Television Employees' Award
Industry: Media
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S M Mayman
Delivery Date: 9 Dec 2014
Result: Award varied
Citation: 2014 WAIRC 01342
WAIG Reference: 94 WAIG 1896
RADIO AND TELEVISION EMPLOYEES' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES ELECTRICAL TRADES UNION WA
APPLICANT
-V-
HILLS INDUSTRIES LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S M MAYMAN
DATE TUESDAY, 9 DECEMBER 2014
FILE NO/S APPL 45 OF 2014
CITATION NO. 2014 WAIRC 01342
Result Award varied
Representation
APPLICANT MS N O’BRIEN
RESPONDENT NO APPEARANCE
Order
HAVING heard Ms O’Brien for Electrical Trades Union WA, as applicant and there was no appearance on behalf of Hills Industries Ltd and others, as respondents; the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:
THAT the Radio and Television Employees' Award be varied in accordance with the following schedule and that such variations shall have effect from the beginning of the first pay period on or after the 9th day of December 2014.
COMMISSIONER S M MAYMAN
SCHEDULE
1. Clause 9. - Overtime: Delete paragraph (f) of subclause (3) of this Clause and insert in lieu thereof:
(f) Subject to the provisions of paragraph (g) of this subclause, an employee required to work overtime for more than two hours shall be supplied with a meal by the employer or be paid $12.75 or a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required they shall be supplied with each such meal by the employer or be paid $8.65 for each meal so required.
2. Clause 13. – Car Allowances: Delete subclause (3) of this Clause and insert in lieu thereof the following:
(3) A year for the purpose of this Clause shall commence on 1 July and end on 30 June next following.
RATES OF HIRE FOR USE OF EMPLOYEE'S OWN VEHICLE
ON EMPLOYER'S BUSINESS
MOTOR CAR
Area and Details Engine Displacement
(in Cubic Centimetres)
Rate per Kilometre (Cents) Over Over 1600cc 1600cc 2600cc -2600cc & Under
Metropolitan Area 83.6 74.7 65.0
South West Land Division 85.5 76.5 66.5
North of 23.5° South Latitude 93.9 84.2 73.5
Rest of the State 88.2 79.1 69.0
Motor Cycle (In All Areas) 28.6 cents per kilometre
3. Clause 14. – Distant Work: Delete subclause (4) of this Clause and insert in lieu thereof the following:
(4) Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job the employee shall be provided with suitable transport to and from that job or be paid an allowance of $15.65 per day provided that where the time actually spent in travelling either to or from the job exceeds twenty minutes, that excess travelling time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.
4. Clause 29. - Wages: Delete subclauses (2) and (5) of this Clause and insert in lieu thereof:
(2) Leading Hands:
In addition to the appropriate total wage prescribed in subclause (1) of this Clause a leading hand shall be paid:
$
(a) If placed in charge of not less than three and not
more than ten other employees 30.50
(b) If placed in charge of more than ten and not
more than twenty other employees 46.30
(c) If placed in charge of more than twenty other
employees 59.90
(5) (a) Where an employer does not provide a Serviceperson, Installer, Assembler or an apprentice with the tools ordinarily required by that Serviceperson, Installer, Assembler or apprentice in the performance of their work as a Serviceperson, Installer, Assembler or as an apprentice the employer shall pay a tool allowance of:-
(i) $16.60 per week to such Serviceperson, Installer or Assembler; or
(ii) In the case of an apprentice a percentage of $16.60 being the percentage which appears against their year of apprenticeship in subclause (3) of this Clause,
for the purpose of such Serviceperson, Installer, Assembler or apprentice supplying and maintaining tools ordinarily required in the performance of their work as a Serviceperson, Installer, Assembler or apprentice.
(b) Any tool allowance paid pursuant to paragraph (a) of this subclause shall be included in, and form part of, the ordinary weekly wage prescribed in this Clause.
(c) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments.
(d) A tradesperson or apprentice shall replace or pay for any tools supplied by the employer if lost through their negligence.
RADIO AND TELEVISION EMPLOYEES' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Electrical Trades Union WA
APPLICANT
-v-
Hills Industries Ltd and others
RESPONDENTS
CORAM Commissioner S M Mayman
DATE tuesday, 9 December 2014
FILE NO/S APPL 45 OF 2014
CITATION NO. 2014 WAIRC 01342
Result Award varied
Representation
Applicant Ms N O’Brien
Respondent No appearance
Order
HAVING heard Ms O’Brien for Electrical Trades Union WA, as applicant and there was no appearance on behalf of Hills Industries Ltd and others, as respondents; the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:
THAT the Radio and Television Employees' Award be varied in accordance with the following schedule and that such variations shall have effect from the beginning of the first pay period on or after the 9th day of December 2014.
Commissioner S M Mayman
SCHEDULE
1. Clause 9. - Overtime: Delete paragraph (f) of subclause (3) of this Clause and insert in lieu thereof:
(f) Subject to the provisions of paragraph (g) of this subclause, an employee required to work overtime for more than two hours shall be supplied with a meal by the employer or be paid $12.75 or a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required they shall be supplied with each such meal by the employer or be paid $8.65 for each meal so required.
2. Clause 13. – Car Allowances: Delete subclause (3) of this Clause and insert in lieu thereof the following:
(3) A year for the purpose of this Clause shall commence on 1 July and end on 30 June next following.
RATES OF HIRE FOR USE OF EMPLOYEE'S OWN VEHICLE
ON EMPLOYER'S BUSINESS
MOTOR CAR
Area and Details Engine Displacement
(in Cubic Centimetres)
Rate per Kilometre (Cents) Over Over 1600cc 1600cc 2600cc -2600cc & Under
Metropolitan Area 83.6 74.7 65.0
South West Land Division 85.5 76.5 66.5
North of 23.5° South Latitude 93.9 84.2 73.5
Rest of the State 88.2 79.1 69.0
Motor Cycle (In All Areas) 28.6 cents per kilometre
3. Clause 14. – Distant Work: Delete subclause (4) of this Clause and insert in lieu thereof the following:
(4) Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job the employee shall be provided with suitable transport to and from that job or be paid an allowance of $15.65 per day provided that where the time actually spent in travelling either to or from the job exceeds twenty minutes, that excess travelling time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.
4. Clause 29. - Wages: Delete subclauses (2) and (5) of this Clause and insert in lieu thereof:
(2) Leading Hands:
In addition to the appropriate total wage prescribed in subclause (1) of this Clause a leading hand shall be paid:
$
(a) If placed in charge of not less than three and not
more than ten other employees 30.50
(b) If placed in charge of more than ten and not
more than twenty other employees 46.30
(c) If placed in charge of more than twenty other
employees 59.90
(5) (a) Where an employer does not provide a Serviceperson, Installer, Assembler or an apprentice with the tools ordinarily required by that Serviceperson, Installer, Assembler or apprentice in the performance of their work as a Serviceperson, Installer, Assembler or as an apprentice the employer shall pay a tool allowance of:-
(i) $16.60 per week to such Serviceperson, Installer or Assembler; or
(ii) In the case of an apprentice a percentage of $16.60 being the percentage which appears against their year of apprenticeship in subclause (3) of this Clause,
for the purpose of such Serviceperson, Installer, Assembler or apprentice supplying and maintaining tools ordinarily required in the performance of their work as a Serviceperson, Installer, Assembler or apprentice.
(b) Any tool allowance paid pursuant to paragraph (a) of this subclause shall be included in, and form part of, the ordinary weekly wage prescribed in this Clause.
(c) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments.
(d) A tradesperson or apprentice shall replace or pay for any tools supplied by the employer if lost through their negligence.