United Voice WA -v- The Library Board of Western Australia, The Trustees of the Western Australian Museum, The Board of the Art Gallery

Document Type: Order

Matter Number: APPL 37/2016

Matter Description: Cultural Centre Award 1987

Industry: Cultural

Jurisdiction: Single Commissioner

Member/Magistrate name: Chief Commissioner P E Scott

Delivery Date: 11 Aug 2016

Result: Award varied

Citation: 2016 WAIRC 00695

WAIG Reference: 96 WAIG 1320

DOCX | 32kB
2016 WAIRC 00695
CULTURAL CENTRE AWARD 1987
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES UNITED VOICE WA
APPLICANT
-V-
THE LIBRARY BOARD OF WESTERN AUSTRALIA AND OTHERS
RESPONDENTS
CORAM CHIEF COMMISSIONER P E SCOTT
DATE THURSDAY, 11 AUGUST 2016
FILE NO/S APPL 37 OF 2016
CITATION NO. 2016 WAIRC 00695

Result Award varied
Representation


APPLICANT MR S DANE

RESPONDENT MR C BRETNALL AND MR R HEAPERMAN, AS AGENT


Order
HAVING heard Mr S Dane on behalf of the applicant and Mr C Bretnall and Mr R Heaperman, 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 Cultural Centre Award 1987 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 commencing on or after the 11th day of August 2016.



CHIEF COMMISSIONER P E SCOTT


SCHEDULE

1. Clause 8. – Overtime: Delete subclause (9)(a) and insert the following in lieu thereof:

(9) (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 $13.05 for a meal and if, owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with each meal by the employer or be paid $7.65 for each meal so required.

2. Clause 15. – Special Rates and Provisions: Delete this clause and insert the following in lieu thereof:

15. - SPECIAL RATES AND PROVISIONS

(1) The employer shall, where practicable, make suitable provisions for employees to change their clothing on the employer’s premises.

(2) Uniforms and/or clean overalls shall be supplied by the employer free of charge, where the employer requires such to be worn. Such items shall always remain the property of the employer.

(3) (a) All employees called upon to clean closets connected to septic tanks or sewers shall be paid an allowance of 85 cents per closet per week.

(b) For the purpose of this subclause one metre of urinal or three urinal stalls shall count as one closet.

(4) 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 he/she has an assistant.

(5) An allowance of $3.15 per day or part thereof shall be paid to an employee required to use an airlift in the course of their duties.

(6) An allowance of $12.10 per day shall be paid in addition to the ordinary rate to an attendant required to operate audio visual equipment.

(7) (a) Except as provided for in paragraph (b) of this subclause an allowance of $6.60 per day shall be paid to an employee required to carry keys and be responsible for securing the premises at the close of business.

(b) Where it is agreed between the employer and the Union in writing then an alternative arrangement may exist in respect of this subclause.

(8) (a) An employee who is required to work away from his/her usual place of work shall be paid for any fares in excess of those normally incurred in travelling from his/her home to his/her usual place of work and return, except where an allowance is paid in accordance with Clause 17. – Fares and Travelling Allowances of the Miscellaneous Government Conditions and Allowances Award No. A4 of 1992.

(b) Travelling time in excess of that normally incurred in travelling from his/her home to his/her usual place of work and return shall be paid at the rate of ordinary time.

(c) An employee who commences or completes a shift at or between the hours of 11.00 pm and 5.00 am, shall in addition to the ordinary rate of pay for that shift be paid an allowance of $14.95 per shift.

3. Clause 16. – Wages: Delete subclause (2) and insert the following in lieu thereof:

(2) Leading Hands: In addition to the appropriate total wage prescribed in this clause, a leading hand shall be paid:



$



(a)
if placed in charge of not less than one and more than five other employees
$29.60



(b)
if placed in charge of more than six and not more than ten other employees
$45.40



(c)
if placed in charge of more than 11 other employees
$58.20




United Voice WA -v- The Library Board of Western Australia, The Trustees of the Western Australian Museum, The Board of the Art Gallery

CULTURAL CENTRE AWARD 1987

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES United Voice WA

APPLICANT

-v-

The Library Board of Western Australia and others

RESPONDENTS

CORAM Chief Commissioner P E Scott

DATE thursday, 11 august 2016

FILE NO/S APPL 37 OF 2016

CITATION NO. 2016 WAIRC 00695

 

Result Award varied

Representation

 


Applicant Mr S Dane

 

Respondent Mr C Bretnall and Mr R Heaperman, as agent

 

 

Order

HAVING heard Mr S Dane on behalf of the applicant and Mr C Bretnall and Mr R Heaperman, 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 Cultural Centre Award 1987 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 commencing on or after the 11th day of August 2016.

 

 

 

Chief Commissioner P E Scott

 


SCHEDULE

 

1. Clause 8. – Overtime:  Delete subclause (9)(a) and insert the following in lieu thereof: 

 

(9) (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 $13.05 for a meal and if, owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with each meal by the employer or be paid $7.65 for each meal so required.

 

2. Clause 15. – Special Rates and Provisions:  Delete this clause and insert the following in lieu thereof: 

 

15. - SPECIAL RATES AND PROVISIONS

 

(1) The employer shall, where practicable, make suitable provisions for employees to change their clothing on the employer’s premises.

 

(2) Uniforms and/or clean overalls shall be supplied by the employer free of charge, where the employer requires such to be worn. Such items shall always remain the property of the employer.

 

(3) (a) All employees called upon to clean closets connected to septic tanks or sewers shall be paid an allowance of 85 cents per closet per week.

 

(b) For the purpose of this subclause one metre of urinal or three urinal stalls shall count as one closet.

 

(4) 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 he/she has an assistant.

 

(5) An allowance of $3.15 per day or part thereof shall be paid to an employee required to use an airlift in the course of their duties.

 

(6) An allowance of $12.10 per day shall be paid in addition to the ordinary rate to an attendant required to operate audio visual equipment.

 

(7) (a) Except as provided for in paragraph (b) of this subclause an allowance of $6.60 per day shall be paid to an employee required to carry keys and be responsible for securing the premises at the close of business.

 

(b) Where it is agreed between the employer and the Union in writing then an alternative arrangement may exist in respect of this subclause.

 

(8) (a) An employee who is required to work away from his/her usual place of work shall be paid for any fares in excess of those normally incurred in travelling from his/her home to his/her usual place of work and return, except where an allowance is paid in accordance with Clause 17. – Fares and Travelling Allowances of the Miscellaneous Government Conditions and Allowances Award No. A4 of 1992.

 

(b) Travelling time in excess of that normally incurred in travelling from his/her home to his/her usual place of work and return shall be paid at the rate of ordinary time.

 

(c) An employee who commences or completes a shift at or between the hours of 11.00 pm and 5.00 am, shall in addition to the ordinary rate of pay for that shift be paid an allowance of $14.95 per shift.

 

3. Clause 16. – Wages:  Delete subclause (2) and insert the following in lieu thereof: 

 

(2) Leading Hands: In addition to the appropriate total wage prescribed in this clause, a leading hand shall be paid:

 

 

 

$

 

 

 

(a)

if placed in charge of not less than one and more than five other employees

$29.60

 

 

 

(b)

if placed in charge of more than six and not more than ten other employees

$45.40

 

 

 

(c)

if placed in charge of more than 11 other employees

$58.20