2019 WAIRC 00217
APPLICATION TO VARY THE BESPOKE BOOTMAKERS' AND REPAIRERS' AWARD NO. 4 OF 1946 TO ENSURE THAT PAYMENT OF WAGES FOR HOURS IN EXCESS OF 38 PER WEEK COMPLIES WITH STATUTORY MINIMUM REQUIREMENTS
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES COMMISSION'S OWN MOTION
APPLICANT
-V-
(NOT APPLICABLE)
RESPONDENT
CORAM CHIEF COMMISSIONER P E SCOTT
DATE FRIDAY, 10 MAY 2019
FILE NO/S APPL 36 OF 2018
CITATION NO. 2019 WAIRC 00217

Result Award varied


Order
HAVING heard Dr T Dymond on behalf of UnionsWA, Mr K Black on behalf of Chamber of Commerce and Industry WA and Mr B Entrekin on behalf of the Minister for Commerce and Industrial Relations, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, and by consent, hereby orders –

THAT the Bespoke Bootmakers' and Repairers' Award No. 4 of 1946 be varied in accordance with the following Schedule and that such variations shall have effect from the beginning of the first pay period commencing on or after Friday, 10 May 2019.






CHIEF COMMISSIONER P E SCOTT



SCHEDULE

Clause 8 – Wages: Delete this clause and insert the following in lieu thereof:

8. - WAGES

(1) The following shall be the minimum weekly rates of wages payable to workers covered by this award -



$
(a)
Surgical Bootmaker
765.20
(b)
Bespoke Bootmaker
765.20
(c)
Boot Repairer
765.20




A worker employed in the classification of "Boot Repairer" who is called upon to perform the work of "Bespoke Bootmaker" or "Surgical Bootmaker" shall be paid the appropriate rate for the actual time he/she is engaged on the work of the higher classification, provided that if he/she is employed for more than four hours in any one day on work of the higher classification he/she shall be paid the appropriate rate for the whole of that day.

(2) A casual worker as defined in Clause 11 hereof shall be paid twenty per cent of the ordinary rate in addition to the ordinary rate for the calling in which he is employed.

(3) Apprentices (percentage of Boot Repairers' rate per week)

Five year term -



First year
40%
Second year
48%
Third year
55%
Fourth year
75%
Fifth year
88%


Four year term -



First year
42%
Second year
55%
Third year
75%
Fourth year
88%

(4) At the completion of an apprenticeship to boot repairing and bespoke bootmaking, the employer and the apprentice may mutually agree to extend the contract of apprenticeship for a further two years for the purpose of the apprentice being taught surgical bootmaking. The rate of pay shall be as mutually agreed between the employer, the apprentice and the union, or failing agreement, as determined by the Commission.

The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

(5) Subclauses (5) and (6) apply whenever a State Wage Case decision is issued by the Commission, increasing adult rates of pay in State awards by a flat dollar amount.

(6) The State Wage Case increase is to be applied to adult weekly rates of pay in this award in accordance with the following formula:

Step 1: Divide the flat dollar increase by 38 (and round to the nearest cent)
Step 2: Multiply the figure calculated in Step 1 by 40

Example: The Commission awards an $18.00 per week increase to adult weekly rates of pay

Step 1 = $18.00 ÷38 = $0.47
Step 2 = $0.47 x 40 = $18.80

In this example adult weekly rates of pay would be increased by $18.80 per week.