2019 WAIRC 00225
APPLICATION TO VARY THE DRIED VINE FRUITS INDUSTRY AWARD, 1951 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 45 OF 2018
CITATION NO. 2019 WAIRC 00225

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 Dried Vine Fruits Industry Award, 1951 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 22 – Wages: Delete this clause and insert the following in lieu thereof:

22. - WAGES

An employer on whom this award (or industrial agreement) is binding shall not increase the rate of wage payable to an employee on the 5th February, 1988 or otherwise vary the conditions of employment applicable to an employee on that date so as to increase that employer's labour costs except to the extent that any such increase has been authorised by the Commission after that date.

(1)
Adult Workers (per week) -
ASNA

All adults engaged in production
$765.20



(2)
Junior workers (per cent of the adult rate per week)


Under 16 years of age
50

16 to 17 years of age
60

17 to 18 years of age
70

18 to 19 years of age
80

19 to 20 years of age
90

20 years of age
Adult rates




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.

(3) Minimum wage - Adult Males and Females:


(a) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(b) The minimum adult award wage for full-time employees aged 21 or more working under an award that provides for a 38 hour week is $726.90 per week.

The minimum adult award wage for full-time employees aged 21 or more working under awards that provide for other than a 38 hour week is calculated as follows: divide $726.90 by 38 and multiply by the number of ordinary hours prescribed for a full time employee under the award.

The minimum adult award wage is payable on and from the commencement of the first pay period on or after 1 July 2018.

(c) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.

(d) Unless otherwise provided in this clause adults aged 21 or more employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result, shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(e) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award (if applicable) to the minimum adult award wage, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(f) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or government approved work placement programs or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(g) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(h) Subject to this clause the minimum adult award wage shall –

(i) Apply to all work in ordinary hours.

(ii) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(i) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2018 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(j) Adult Apprentices

(i) Notwithstanding the provisions of this clause, the minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for a 38 hour week is $621.10 per week.

(ii) The minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for other than a 38 hour week is calculated as follows: divide $621.10 by 38 and multiply by the number of ordinary hours prescribed for a full time apprentice under the award.

(iii) The minimum adult apprentice wage is payable on and from the commencement of the first pay period on or after 1 July 2018.

(iv) Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.

(v) The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.

(vi) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.


(4) Subclauses (4) and (5) 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 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.