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 and others

RESPONDENTS

CORAM Chief Commissioner P E Scott

DATE Tuesday, 6 March 2018

FILE NO/S APPL 10 OF 2018

CITATION NO. 2018 WAIRC 00165

Result Award Varied

Representation

Applicant Ms N Kefford of counsel

Respondents Mr C Bretnall as agent

Order

HAVING heard Ms N Kefford of counsel for United Voice WA and Mr C Bretnall as agent for the respondents, 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 variation shall have effect from the beginning of the first pay period commencing on or after 6 March 2018. 

Chief Commissioner P E Scott

SCHEDULE

1. Clause 12. – Overtime:  Delete subclause (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 $13.15 in lieu thereof.

2. Clause 16. – First Aid - Kits and Attendants:  Delete subclause (2) of this clause and insert the following in lieu thereof: 

(2) 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:

3. Clause 25. – Wages: 

A. Delete subclause (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 $8.20 per week.  Occasional off-season attention shall not qualify an employee for payment under this subclause.

B. Delete subclause (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 $29.10 per week extra;

(b) more than ten but not more than 20 other employees shall be paid $42.60 per week extra;

(c) more than 20 other employees shall be paid $56.50 per week extra.

 C. Delete subclause (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 90 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.