2015 WAIRC 00439
RESCIND GENERAL ORDER NO. 11/2014 AND ISSUE A NEW GENERAL ORDER
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES COMMISSION'S OWN MOTION
APPLICANT
-V-
(NOT APPLICABLE)
RESPONDENT
CORAM ACTING SENIOR COMMISSIONER P E SCOTT
COMMISSIONER S J KENNER
COMMISSIONER J L HARRISON
DATE FRIDAY, 12 JUNE 2015
FILE NO/S APPL 118 OF 2015
CITATION NO. 2015 WAIRC 00439

Result General Order issued


General Order
HAVING heard Ms L McBride and with her Ms C Purcell on behalf of the Honourable Minister for Commerce; Ms L Smith and with her Mr P Moss on behalf of the Chamber of Commerce and Industry of Western Australia (Inc); and Dr T Dymond on behalf of UnionsWA, the Commission in Court Session, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA) hereby orders –

(1) THAT each award, industrial agreement or order cited in Schedule A of this General Order be varied by substituting for the location allowances provisions contained in each such award, industrial agreement or order the location allowance provisions in Schedule B of this General Order.

(2) THAT each such variation shall have effect from the beginning of the first pay period to commence on or after the first day of July 2015.

(3) THAT this General Order replace the General Order in Matter No 11 of 2014 which thereby shall be rescinded.





ACTING SENIOR COMMISSIONER P E SCOTT
FOR AND ON BEHALF OF THE COMMISSION IN COURT SESSION

LOCATION ALLOWANCES

SCHEDULE A


Title of Award or Order
Clause No.
Aerated Water and Cordial Manufacturing Industry Award 1975
31
Aged and Disabled Persons Hostels Award, 1987
28
Air Conditioning and Refrigeration Industry (Construction and Servicing) Award No. 10 of 1979
20
Animal Welfare Industry Award
14
Artworkers Award
20
The Australian Workers Union Road Maintenance, Marking and Traffic Management Award 2002
5.14
Bakers’ (Country) Award No. 18 of 1977
20
Breadcarters (Country) Award 1976
27
Building Trades Award 1968
24
Building Trades (Construction) Award 1987
Appendix A
Child Care (Out of School Care - Playleaders) Award
10
Children's Services (Private) Award
12
Cleaners and Caretakers Award, 1969
3.6
Cleaners and Caretakers (Car and Caravan Parks) Award 1975
22
Clerks' (Accountants' Employees) Award 1984
23
Clerks (Commercial, Social and Professional Services) Award No. 14 of 1972
27
Clerks' (Customs and/or Shipping and/or Forwarding Agents) Award
30
Clerks' (Hotels, Motels and Clubs) Award 1979
22
Clerks (Timber) Award
31
Clerks (Unions and Labor Movement) Award 2004 No. A 10 of 1996
37
Clerks' (Wholesale & Retail Establishments) Award No. 38 of 1947
28
Clothing Trades Award 1973
22
Contract Cleaners Award, 1986
24
Contract Cleaners' (Ministry of Education) Award 1990
21
Crisis Assistance, Supported Housing Industry - Western Australian Interim Award 2011
17.6
Dental Technicians' and Attendant/Receptionists’ Award, 1982
27
The Draughtsmen's, Tracers', Planners' and Technical Officers' Award 1979
32
Dry Cleaning and Laundry Award 1979
22
Earth Moving and Construction Award
25
Electrical Contracting Industry Award R 22 of 1978
22
Electrical Trades (Security Alarms Industry) Award 1980
19
Electronics Industry Award No. A 22 of 1985
24
Engine Drivers' (Building and Steel Construction) Award No. 20 of 1973
25
Engine Drivers' (General) Award
20
Enrolled Nurses and Nursing Assistants (Private) Award No. 8 of 1978
23
Foremen (Building Trades) Award 1991
15
Funeral Directors' Assistants' Award No. 18 of 1962
33
Furniture Trades Industry Award
46
Gate, Fence and Frames Manufacturing Award
21
Golf Link and Bowling Green Employees' Award, 1993
28
Hairdressers Award 1989
31
The Horticultural (Nursery) Industry Award, No. 30 of 1980
6
Industrial Spraypainting and Sandblasting Award 1991
19
Independent Schools Administrative and Technical Officers Award 1993
22
Independent Schools (Boarding House) Supervisory Staff Award
22
Independent Schools Psychologists and Social Workers Award
21
Independent Schools' Teachers' Award 1976
18
Landscape Gardening Industry Award
18
Licensed Establishments (Retail and Wholesale) Award 1979
31
Local Government Officers’ (Western Australia) Interim Award 2011
17.2
Meat Industry (State) Award, 2003
21(1)
Metal Trades (General) Award
5.6
Motel, Hostel, Service Flats and Boarding House Workers' Award, 1976
42
Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection), Industry Award No. 29 of 1980
17
Municipal Employees (Western Australia) Interim Award 2011
19.6
Nurses' (Day Care Centres) Award
22
Nurses (Dentists Surgeries) Award 1977
23
Nurses (Doctors Surgeries) Award 1977
22
Nurses’ (Independent Schools) Award
20
Nurses' (Private Hospitals) Award
30
Pastrycooks' Award No. 24 of 1981
11
Pest Control Industry Award
14
Photographic Industry Award, 1980
29
Private Hospital Employees' Award, 1972
40
Quarry Workers' Award, 1969
19
Radio and Television Employees' Award
23
Restaurant, Tearoom and Catering Workers' Award
41
Retail Pharmacists’ Award 2004
5.2
The Rock Lobster and Prawn Processing Award 1978
26
School Employees (Independent Day & Boarding Schools) Award, 1980
31
Security Officers' Award
20(3)
Sheet Metal Workers' Award No. 10 of 1973
26
The Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977
39
Social and Community Services (Western Australia) Interim Award 2011
18.10
Teachers' Aides' (Independent Schools) Award 1988
17
Timber Yard Workers Award No. 11 of 1951
28
Transport Workers (General) Award No. 10 of 1961
5.13
Transport Workers (Mobile Food Vendors) Award 1987
18
Transport Workers' (North West Passenger Vehicles) Award, 1988
28
Transport Workers' (Passenger Vehicles) Award No. R 47 of 1978
24
Western Australian Surveying (Private Practice) Industry Award, 2003
8.4


Title of Industrial Agreements
Clause No.
Leighton Contractors Maintenance Personnel Agreement 2000, No Ag 116 of 2000
Sch 1, Cl 6
Leighton Contractors Mining and Processing Personnel Enterprise Agreement 1997
Sch 1, Cl 9
Retail Food Establishments Employees Agreement 1992
34
Retail Food Services Employees' Agreement 1991
39
South Metropolitan Youth Link (Inc.) Agreement 1997
20


SCHEDULE B

Subject to the provisions of this clause, in addition to the rates prescribed in the wages clause of this award, an employee shall be paid the following weekly allowances when employed in the towns prescribed hereunder. Provided that where the wages are prescribed as fortnightly rates of pay, these allowances shall be shown as fortnightly allowances.

TOWN PER WEEK

Agnew
$20.80
Argyle
$55.60
Balladonia
$21.40
Barrow Island
$36.20
Boulder
$8.80
Broome
$33.50
Bullfinch
$9.80
Carnarvon
$17.20
Cockatoo Island
$36.70
Coolgardie
$8.80
Cue
$21.40
Dampier
$29.10
Denham
$17.20
Derby
$34.80
Esperance
$6.10
Eucla
$23.40
Exmouth
$30.50
Fitzroy Crossing
$42.20
Halls Creek
$48.70
Kalbarri
$7.40
Kalgoorlie
$8.80
Kambalda
$8.80
Karratha
$34.90
Koolan Island
$36.70
Koolyanobbing
$9.80
Kununurra
$55.60
Laverton
$21.30
Learmonth
$30.50
Leinster
$20.80
Leonora
$21.30
Madura
$22.40
Marble Bar
$53.80
Meekatharra
$18.40
Mount Magnet
$23.10
Mundrabilla
$22.90
Newman
$20.00
Norseman
$18.30
Nullagine
$53.70
Onslow
$36.20
Pannawonica
$27.10
Paraburdoo
$27.00
Port Hedland
$29.00
Ravensthorpe
$11.00
Roebourne
$40.20
Sandstone
$20.80
Shark Bay
$17.20
Southern Cross
$9.80
Telfer
$49.50
Teutonic Bore
$20.80
Tom Price
$27.00
Whim Creek
$34.60
Wickham
$33.50
Wiluna
$21.10
Wyndham
$52.10

(2) Except as provided in subclause (3) of this clause, an employee who has:

(a) a dependent shall be paid double the allowance prescribed in subclause (1) of this clause;

(b) a partial dependent shall be paid the allowance prescribed in subclause (1) of this clause plus the difference between that rate and the amount such partial dependent is receiving by way of a district or location allowance.

(3) Where an employee:

(a) is provided with board and lodging by his/her employer, free of charge; or

(b) is provided with an allowance in lieu of board and lodging by virtue of the award or an order or agreement made pursuant to the Act;

such employee shall be paid 662/3 per cent of the allowances prescribed in subclause (1) of this clause.

The provisions of paragraph (b) of this subclause shall have effect on and from the 24th day of July, 1990.

(4) Subject to subclause (2) of this clause, junior employees, casual employees, part time employees, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.

(5) Where an employee is on annual leave or receives payment in lieu of annual leave he/she shall be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled.

(6) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he/she shall only be paid location allowance for the period of such leave he/she remains in the location in which he/she is employed.

(7) For the purposes of this clause:

(a) “Dependant” shall mean -

(i) a spouse or defacto partner; or

(ii) a child where there is no spouse or defacto partner;

who does not receive a location allowance or who, if in receipt of a salary or wage package, receives no consideration for which the location allowance is payable pursuant to the provisions of this clause.

(b) “Partial Dependant” shall mean a “dependent” as prescribed in paragraph (a) of this subclause who receives a location allowance which is less than the location allowance prescribed in subclause (1) of this clause or who, if in receipt of a salary or wage package, receives less than a full consideration for which the location allowance is payable pursuant to the provisions of this clause.

(8) Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of subclause (1) of this clause shall be such amount as may be agreed between Australian Mines and Metals Association, the Chamber of Commerce and Industry of Western Australia and the Trades and Labor Council of Western Australia or, failing such agreement, as may be determined by the Commission.

(9) Subject to the making of a General Order pursuant to s.50 of the Act, that part of each location allowance representing prices shall be varied from the beginning of the first pay period commencing on or after the 1st day in July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing), for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest ten cents.