United Voice WA -v- The Chief Executive Officer (Executive Director) of the Department of Conservation and Land Management
Document Type: Order
Matter Number: APPL 158/2015
Matter Description: Rangers (National Parks) Consolidated Award 2000
Industry: Parks
Jurisdiction: Single Commissioner
Member/Magistrate name: Chief Commissioner A R Beech
Delivery Date: 17 Feb 2016
Result: Award Varied
Citation: 2016 WAIRC 00095
WAIG Reference: 96 WAIG 269
RANGERS (NATIONAL PARKS) CONSOLIDATED AWARD 2000
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES UNITED VOICE WA
APPLICANT
-V-
THE CHIEF EXECUTIVE OFFICER (EXECUTIVE DIRECTOR) OF THE DEPARTMENT OF CONSERVATION AND LAND MANAGEMENT
RESPONDENT
CORAM CHIEF COMMISSIONER A R BEECH
DATE WEDNESDAY, 17 FEBRUARY 2016
FILE NO/S APPL 158 OF 2015
CITATION NO. 2016 WAIRC 00095
Result Award Varied
Representation
APPLICANT MR S DANE
RESPONDENT MR R DAVENPORT, AS AGENT
Order
HAVING heard Mr S Dane on behalf of the applicant and Mr R Davenport, as agent on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders –
THAT the Rangers (National Parks) Consolidated Award 2000 be varied in accordance with the following schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period on or after the 17th day of February 2016.
CHIEF COMMISSIONER A R BEECH
SCHEDULE
1. Clause 9. – Overtime:
A. Delete subclause (7)(a) and insert the following in lieu thereof:
(7) (a) An employee required to work continuous overtime for more than one hour shall be supplied with a meal by the employer or be paid $12.80 for a meal, and if owing to the amount of overtime worked, a second or subsequent meal is required he/she shall be supplied with each such meal by the employer or be paid $7.50 each meal so required.
B. Delete subclause (7)(d) and insert the following in lieu thereof:
(d) An employee required to work continuously from midnight to 6.30am and ordered back to work at 8.00am the same day shall be paid $6.60 breakfast.
2. Clause 14. – Conditions and Allowances: Delete subclauses (3)-(5) and insert the following in lieu thereof:
(3) Mobile Rangers shall, in addition to their normal rate of pay, be paid an allowance of $132.80 per week to offset the costs associated with living in and maintaining a caravan.
This allowance is to be moved year to year to reflect the change in CPI for Perth.
(4) The following conditions shall apply to Rangers Assistants on vermin, plant or noxious weed control who are required to use a toxic substance.
(a) The employee shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials.
(b) The employee using such materials shall be provided with, and shall use, all safeguards as are required by the appropriate government authority or, in the absence of such requirement, such safeguards as are defined by a competent authority or person chosen by the union and the employer.
(c) The employee using toxic substances or materials of a like nature shall be paid 65 cents per hour extra. Employees working in close proximity to employees so engaged shall be paid 58 cents per hour extra.
(d) For the purposes of this subclause toxic substances shall include epoxy based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.
(5) (a) An employer who requires a Rangers Assistant to use a pesticide shall:
(i) Inform the employee of any known health hazards involved; and
(ii) Ascertain from the Department of Health and Medical Services whether and, if so, what protective clothing or equipment should be worn during its use.
(b) Pending advice from that department the employer may require the pesticide to be used if the employer informs the employee of any safety precautions specified by the manufacturer of the pesticide and instructs the employee to follow those precautions.
(c) The employer shall supply the employee with any protective clothing or equipment required pursuant to paragraphs (a) and (b) of this subclause and, where necessary, instruct the employee in its use.
(d) An employee required to wear protective clothing or equipment for the purpose of this subclause shall be paid 73 cents per hour or part thereof while doing so unless the Union and the employer agree that by reason of the nature of the protective clothing or equipment the employee does not suffer discomfort or inconvenience while wearing it or, in the event of disagreement, the Western Australian Industrial Relations Commission so determines.
(e) An allowance is not payable under this clause if the Department of Health and Medical Services advises the employer in writing that protective clothing or equipment is not necessary.
RANGERS (NATIONAL PARKS) CONSOLIDATED AWARD 2000
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES United Voice WA
APPLICANT
-v-
The Chief Executive Officer (Executive Director) of the Department of Conservation and Land Management
RESPONDENT
CORAM Chief Commissioner A R Beech
DATE wednesday, 17 february 2016
FILE NO/S APPL 158 OF 2015
CITATION NO. 2016 WAIRC 00095
Result Award Varied
Representation
Applicant Mr S Dane
Respondent Mr R Davenport, as agent
Order
HAVING heard Mr S Dane on behalf of the applicant and Mr R Davenport, as agent on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders –
THAT the Rangers (National Parks) Consolidated Award 2000 be varied in accordance with the following schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period on or after the 17th day of February 2016.
Chief Commissioner A R Beech
SCHEDULE
1. Clause 9. – Overtime:
A. Delete subclause (7)(a) and insert the following in lieu thereof:
(7) (a) An employee required to work continuous overtime for more than one hour shall be supplied with a meal by the employer or be paid $12.80 for a meal, and if owing to the amount of overtime worked, a second or subsequent meal is required he/she shall be supplied with each such meal by the employer or be paid $7.50 each meal so required.
B. Delete subclause (7)(d) and insert the following in lieu thereof:
(d) An employee required to work continuously from midnight to 6.30am and ordered back to work at 8.00am the same day shall be paid $6.60 breakfast.
2. Clause 14. – Conditions and Allowances: Delete subclauses (3)-(5) and insert the following in lieu thereof:
(3) Mobile Rangers shall, in addition to their normal rate of pay, be paid an allowance of $132.80 per week to offset the costs associated with living in and maintaining a caravan.
This allowance is to be moved year to year to reflect the change in CPI for Perth.
(4) The following conditions shall apply to Rangers Assistants on vermin, plant or noxious weed control who are required to use a toxic substance.
(a) The employee shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials.
(b) The employee using such materials shall be provided with, and shall use, all safeguards as are required by the appropriate government authority or, in the absence of such requirement, such safeguards as are defined by a competent authority or person chosen by the union and the employer.
(c) The employee using toxic substances or materials of a like nature shall be paid 65 cents per hour extra. Employees working in close proximity to employees so engaged shall be paid 58 cents per hour extra.
(d) For the purposes of this subclause toxic substances shall include epoxy based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.
(5) (a) An employer who requires a Rangers Assistant to use a pesticide shall:
(i) Inform the employee of any known health hazards involved; and
(ii) Ascertain from the Department of Health and Medical Services whether and, if so, what protective clothing or equipment should be worn during its use.
(b) Pending advice from that department the employer may require the pesticide to be used if the employer informs the employee of any safety precautions specified by the manufacturer of the pesticide and instructs the employee to follow those precautions.
(c) The employer shall supply the employee with any protective clothing or equipment required pursuant to paragraphs (a) and (b) of this subclause and, where necessary, instruct the employee in its use.
(d) An employee required to wear protective clothing or equipment for the purpose of this subclause shall be paid 73 cents per hour or part thereof while doing so unless the Union and the employer agree that by reason of the nature of the protective clothing or equipment the employee does not suffer discomfort or inconvenience while wearing it or, in the event of disagreement, the Western Australian Industrial Relations Commission so determines.
(e) An allowance is not payable under this clause if the Department of Health and Medical Services advises the employer in writing that protective clothing or equipment is not necessary.