Director General, Department of Biodiversity, Conservation and Attractions -v- United Voice Western Australia

Document Type: Order

Matter Number: APPL 32/2018

Matter Description: Rangers (National Parks) Consolidated Award 2000

Industry: Parks

Jurisdiction: Single Commissioner

Member/Magistrate name: Chief Commissioner P E Scott

Delivery Date: 8 Aug 2018

Result: Award varied

Citation: 2018 WAIRC 00684

WAIG Reference: 98 WAIG 1046

DOCX | 28kB
2018 WAIRC 00684
RANGERS (NATIONAL PARKS) CONSOLIDATED AWARD 2000
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES DIRECTOR GENERAL, DEPARTMENT OF BIODIVERSITY, CONSERVATION AND ATTRACTIONS
APPLICANT
-V-
UNITED VOICE WESTERN AUSTRALIA
RESPONDENT
CORAM CHIEF COMMISSIONER P E SCOTT
DATE WEDNESDAY, 8 AUGUST 2018
FILE NO/S APPL 32 OF 2018
CITATION NO. 2018 WAIRC 00684

Result Award varied
Representation


APPLICANT MR S DANE AS AGENT

RESPONDENT MS N KEFFORD OF COUNSEL


Order
HAVING heard Mr S Dane as agent on behalf of the applicant and Ms N Kefford of counsel on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders –
THAT the Rangers (National Parks) Consolidated Award 2000 be varied in accordance with the Schedule attached hereto and that such variation shall have effect on and from 8 August 2018.


CHIEF COMMISSIONER P E SCOTT


SCHEDULE

1. TITLE: delete the title of the award and insert the following in lieu thereof:

Rangers Consolidated Award 2000

2. Clause 1. – TITLE: Delete this clause and insert the following in lieu thereof:

This Award shall be known as the Rangers Consolidated Award 2000.

3. Clause 3. – AREA AND SCOPE: Delete this clause and insert the following in lieu thereof:

This Award shall apply to employees employed in classifications described in clause 17. - Wages of this Award, who are employed in the State of Western Australia.

4. Clause 5. – DEFINITIONS:

(a) Delete subclause (3) and insert the following in lieu thereof:

(3) “Employees with No Fixed Hours” means those employees who have no fixed hours of work and who are in receipt of the loading prescribed in clause 17(2). – Wages of this Award.

(b) Delete subclause (4) and insert the following in lieu thereof:

(4) “Employer” means the Director General of the Department of Biodiversity, Conservation and Attractions.

5. Clause 9. – OVERTIME: Delete subclause (4) and insert the following in lieu thereof:

(4) Employees with No Fixed Hours

Employees with No Fixed Hours shall be exempt from the provisions of subclauses (1) and (2) of this clause.

Provided that if an employee so specified is required to work on a rostered day off duty he/she shall be paid at the rate of double time for any time so worked. The rate prescribed in this subclause is exclusive of the 25% loading prescribed for Employees with No Fixed Hours in clause 17(2) - Wages.

6. Clause 12. – PUBLIC HOLIDAYS: Delete subclause (2) and insert the following in lieu thereof:

(2) The following days, or the days observed in lieu shall, subject as hereinafter provided, be allowed as holidays, without deduction of pay, namely:

New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Western Australia Day, Sovereign's Birthday, Christmas Day and Boxing Day.

Provided that another day may be taken as a holiday by arrangement between the parties, in lieu of any of the days named in the subclause.

When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday, and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.
7. Clause 14. – CONDITIONS AND ALLOWANCES: Delete subclause (2) and insert the following in lieu thereof:

(2) Subject to the provisions of this Award, the provisions of the Public Service Award 1992 at:

(a) Clause 30. - Camping Allowance and Schedule C - Camping Allowance; and

(b) Clause 33. - Diving Allowance, Clause 34, - Flying Allowance, Clause 52 – Sea Going Allowance and Schedule K - Diving, Flying and Sea Going Allowance.

as amended from time to time, shall apply mutatis mutandis to employees covered by this Award.

8. Clause 17. – WAGES: Renumber subclause (1)(a) to be subclause (1) by deleting "(a)".

9. Schedule A – PARTIES TO THE AWARD: Delete this Schedule and insert the following in lieu thereof:

The following are parties to this award:

The Director General of the Department of Biodiversity, Conservation and Attractions.

United Voice WA
Director General, Department of Biodiversity, Conservation and Attractions -v- United Voice Western Australia

RANGERS (NATIONAL PARKS) CONSOLIDATED AWARD 2000

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Director General, Department of Biodiversity, Conservation and Attractions

APPLICANT

-v-

United Voice Western Australia

RESPONDENT

CORAM Chief Commissioner P E Scott

DATE Wednesday, 8 August 2018

FILE NO/S APPL 32 OF 2018

CITATION NO. 2018 WAIRC 00684

 

Result Award varied

Representation

 


Applicant Mr S Dane as agent

 

Respondent Ms N Kefford of counsel

 

 

Order

HAVING heard Mr S Dane as agent on behalf of the applicant and Ms N Kefford of counsel on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders –

THAT the Rangers (National Parks) Consolidated Award 2000 be varied in accordance with the Schedule attached hereto and that such variation shall have effect on and from 8 August 2018. 

 

 

Chief Commissioner P E Scott

 


SCHEDULE

 

1. TITLE:  delete the title of the award and insert the following in lieu thereof: 

 

Rangers Consolidated Award 2000

 

2. Clause 1. – TITLE:  Delete this clause and insert the following in lieu thereof: 

 

This Award shall be known as the Rangers Consolidated Award 2000.

 

3. Clause 3. – AREA AND SCOPE:  Delete this clause and insert the following in lieu thereof: 

 

This Award shall apply to employees employed in classifications described in clause 17. - Wages of this Award, who are employed in the State of Western Australia.

 

4. Clause 5. – DEFINITIONS: 

 

(a) Delete subclause (3) and insert the following in lieu thereof: 

 

(3) “Employees with No Fixed Hours” means those employees who have no fixed hours of work and who are in receipt of the loading prescribed in clause 17(2).  – Wages of this Award.

 

(b) Delete subclause (4) and insert the following in lieu thereof: 

 

(4) “Employer” means the Director General of the Department of Biodiversity, Conservation and Attractions.

 

5. Clause 9. – OVERTIME:  Delete subclause (4) and insert the following in lieu thereof: 

 

(4) Employees with No Fixed Hours

 

Employees with No Fixed Hours shall be exempt from the provisions of subclauses (1) and (2) of this clause.

 

Provided that if an employee so specified is required to work on a rostered day off duty he/she shall be paid at the rate of double time for any time so worked.  The rate prescribed in this subclause is exclusive of the 25% loading prescribed for Employees with No Fixed Hours in clause 17(2) - Wages.

 

6. Clause 12. – PUBLIC HOLIDAYS:  Delete subclause (2) and insert the following in lieu thereof: 

 

(2) The following days, or the days observed in lieu shall, subject as hereinafter provided, be allowed as holidays, without deduction of pay, namely:

 

New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Western Australia Day, Sovereign's Birthday, Christmas Day and Boxing Day.

 

Provided that another day may be taken as a holiday by arrangement between the parties, in lieu of any of the days named in the subclause.

 

When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday, and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday.  In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

7. Clause 14. – CONDITIONS AND ALLOWANCES:  Delete subclause (2) and insert the following in lieu thereof: 

 

(2) Subject to the provisions of this Award, the provisions of the Public Service Award 1992 at:

 

(a) Clause 30. - Camping Allowance and Schedule C - Camping Allowance; and

 

(b) Clause 33. - Diving Allowance, Clause 34, - Flying Allowance, Clause 52 – Sea Going Allowance and Schedule K - Diving, Flying and Sea Going Allowance.

 

as amended from time to time, shall apply mutatis mutandis to employees covered by this Award.

 

8. Clause 17. – WAGES:  Renumber subclause (1)(a) to be subclause (1) by deleting "(a)". 

 

9. Schedule A – PARTIES TO THE AWARD:  Delete this Schedule and insert the following in lieu thereof: 

 

The following are parties to this award:

 

The Director General of the Department of Biodiversity, Conservation and Attractions.

 

United Voice WA