2019 WAIRC 00222
APPLICATION TO VARY THE MASTERS, MATES AND ENGINEERS PASSENGER FERRIES AWARD 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 40 OF 2018
CITATION NO. 2019 WAIRC 00222

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 Masters, Mates and Engineers Passenger Ferries Award 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 7 – Rates of pay: Delete this clause and insert the following in lieu thereof:

7. – RATES OF PAY

(1) The hourly rates of pay shall be:

Classification
$ per annum
ASNA
TOTAL
$ per hour





Skipper
38610
19968
58578
25.03
Engineer
37440
19874
57314
24.49
Mate
32760
19613
52373
22.38

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.

(2) This award shall not operate to cause an employee to suffer a reduction in ordinary time hourly earnings that such employee is receiving prior to the implementation of this award.

(3) Casual employees shall receive a 20% loading in addition to the appropriate hourly rate for all hours worked.

(4) Subclauses (3) and (4) 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.

(5) 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 45

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 45 = $21.20

In this example adult weekly rates of pay would be increased by $21.20 per week.









EDITOR’S NOTE:
Schedule Clause 7 – Rates of pay (5) line 7 and line 8 edited in accordance with Corrigendum 25 June 2019 [2019] WAIRC 00311.