2019 WAIRC 00707
APPLICATION TO VARY THE THEATRICAL EMPLOYEES ENTERTAINMENT, SPORTING AND AMUSEMENT FACILITIES (WESTERN AUSTRALIAN GOVERNMENT) AWARD 1987 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, 13 SEPTEMBER 2019
FILE NO/S APPL 35 OF 2018
CITATION NO. 2019 WAIRC 00707

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, and later Ms on behalf of the Minister for Industrial Relations, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, and by consent, hereby orders –

THAT the Theatrical Employees Entertainment, Sporting and Amusement Facilities (Western Australian Government) Award 1987 be varied in accordance with the following Schedule and that such variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after the Friday, 13 September 2019.





CHIEF COMMISSIONER P E SCOTT



SCHEDULE
Clause 5 – Contract of Employment: Delete subclauses (2) and (3) and insert the following in lieu thereof:

5. - CONTRACT OF EMPLOYMENT

(2) WEEKLY EMPLOYEES

(a) Employees engaged to work on a weekly basis shall be employed for no more than 3 months in any one term of employment.

(b) The rate to apply to weekly employees shall be calculated in accordance with the following:

Hourly Rate x 40 hours = weekly wage

(c) Weekly employees shall not be entitled to accrue annual leave.

(d) Weekly employees shall accrue sick leave at the rate of 2 hours per 40 hours' employment provided that such sick leave credit is not transferable to another later period of weekly employment.

(e) Weekly employees shall give or be given seven days' notice of termination of the contract of employment.

(3) CASUAL EMPLOYEES

(a) A casual employee shall be defined as an employee engaged on the day of, or the day before the event they are engaged to work at and who do not receive written notification of their employment.

(b) A casual employee shall be paid an additional 20% loading on all ordinary time rates.

(c) Casual employees shall give or be given a minimum of one hour's notice of termination of the contract of employment provided that payment shall be made for the full period for which the employee was engaged on that day.


Clause 16 - Rates of Payment: Delete clause and insert the following in lieu thereof:

16. - RATES OF PAYMENT

(1) Subject to anything elsewhere provided in this Award the minimum rate of payment for the classifications as defined in Clause 4. - Definitions, shall be as per Schedule A.

(2) The rates of payment for this Award shall be based and calculated on the minimum weekly wage and hours for an adult worker as prescribed by the Western Australian Industrial Relations Commission and published in the Western Australian Industrial Gazette from time to time. The minimum ordinary casual hourly rate shall be calculated by dividing that minimum weekly wage by the hours prescribed and adding 20%.

(3) (a) The weekly wage of employees employed for 40 hours in any one week shall be calculated in accordance with the following: Hourly Rate (as per Schedule A) x 40 hours


Schedule A – Rates of payment: Delete this schedule and insert the following in lieu thereof:

SCHEDULE A – RATES OF PAYMENT


Classification
Hourly Rate of Pay



Column A $

Column B

ASNA

TOTAL






(1)
Attendant - General Duties:
Cloakroom Attendant
Gate Attendant
Parking Attendant
Turnstile Attendant
Usher




19.66






(2)
Barrier Attendant (Racing)
Change Room Attendant
Curtain Attendant
Door Attendant
Fence Attendant
Kennel Attendant/Dog Leader
Ride Operator
Stalls Attendant (Racing)
Ticket Collector/Examiner
Track Attendant




19.66






(3)
Scoreboard Operator
Scratching Board Operator/
Writer (Racing)




19.66






(4)
Parking Fee Collector
Kennel Supervisor
Programme Seller




19.66






(5)
Change Cashier
Gate Keeper
Ticket/Token Seller
Turnstile Operator




19.66






(6)
Scales – Assistant
Starter (Racing)




19.66






(7)
Supervisor of less than 10 employees




19.66






(8)
Supervisor of 10 or more employees




19.66
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.

The State Wage Case increase is to be applied to the rates of pay in this award by dividing the flat dollar increase by 38 (and round to the nearest cent)