2019 WAIRC 00226
APPLICATION TO VARY THE FRUIT GROWING AND FRUIT PACKING INDUSTRY 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 48 OF 2018
CITATION NO. 2019 WAIRC 00226

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 Fruit Growing and Fruit Packing Industry 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 24 – Wages: Delete this clause and insert the following in lieu thereof:

24. - WAGES

Adult Workers:

The minimum rate of wages payable to a worker under this award shall be as follows -



Rate Per Week


$Total



(1)
Fruit Packing and Sorting





(a) Trainee Packer & Trainee Sorter
765.20

(b) Competent Packer (as defined) & Sorter
765.20

(c) Shed Hand
765.20



(2)
Fruit Growing and Picking:





(a) Orchard Hand (General)
765.20

(b) Orchard Hand (Machine Operator)
765.20




The following hourly rates shall apply to workers in this section for each hour worked in excess of 40 hours per week and not more than 52 hours per week:

(a)
Orchard Hand (General)
28.70
(b)
Orchard Hand (Machine Operator)
28.70

The following hourly rates shall apply to workers in this section for each hour worked in excess of 52 hours per week:

(a)
Orchard Hand
38.26
(b)
Orchard Hand (Machine Operator)
38.26

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) Junior Workers:

Fruit Packing and Sorting or Fruit Growing and Picking wage per week or per hour as the case may be, expressed as a percentage of the appropriate adult classification rate.


%
Under 16 years of age
40
16 years of age
50
17 years of age
60
18 years of age
70
19 years of age
80
20 years of age
90

(4) Casual Workers:

(a) A casual worker shall be paid 20 per cent in addition to the rate prescribed in this clause for work performed.

(b) A "Casual Worker" shall mean a worker who is engaged and paid as such.

(5) For the purpose of this clause.

A "Competent Packer" shall mean a worker who packs 500 bushels of apples per week of 40 hours.

(6) Part-time Employees

(a) A part-time employee shall be an employee engaged at an hourly rate for a lesser period per week than the hours usually worked by a full time employee.

(b) Based on the number of hours worked, the conditions for part-time employees shall be directly proportionate to the conditions prescribed for full-time employees.

(7) Subclauses (7) and (8) 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.

(8) 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.

















EDITOR’S NOTE:
Schedule Clause 24 – Wages (2) line 6, line 7, line 10 and line 11 edited in accordance with Corrigendum 25 June 2019 [2019] WAIRC 00313.