2022 WAIRC 00023
RADIO AND TELEVISION EMPLOYEES' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES ELECTRICAL TRADES UNION WA
APPLICANT
-V-
ALBANY TV SERVICES AND OTHERS
RESPONDENTS
CORAM SENIOR COMMISSIONER R COSENTINO
DATE MONDAY, 24 JANUARY 2022
FILE NO/S APPL 41 OF 2021
CITATION NO. 2022 WAIRC 00023

Result Award varied
Representation


APPLICANT MS B WARD

RESPONDENTS NO APPEARANCE


Order

WHEREAS this is an application filed by the Electrical Trades Union WA on 15 November 2021 to vary the Radio and Television Employees' Award (Award) pursuant to s 40 of the Industrial Relations Act 1979 (WA) (IR Act);

AND WHEREAS the grounds for the application are to update the allowances contained in the Award by the respective percentage increases determined by the State Wage Case decisions 2016 to 2021 and CPI as follows:

(a) The allowances contained in clauses 29(2) Leading Hand Allowance and 29(5) Tool Allowance by the increases effected by the State Wage Case decisions 2016 to 2021 in accordance with Principle 6.4 of the Statement of Principles. These allowances were last varied on 5 November 2015 ([2015] WAIRC 01002; (2015) 95 WAIG 1844);

(b) The meal allowance in clause 9 Overtime by the relevant CPI increases from June 2015 to June 2021. These allowances were last varied on 5 November 2015 ([2015] WAIRC 01002; (2015) 95 WAIG 1844);

(c) The travel allowances and car allowances in clauses 13 and 14 by the relevant CPI increases from March 2014 to June 2021. These allowances were last varied on 9 December 2014 ([2014] WAIRC 01342; (2014) 94 WAIG 1896);

AND WHEREAS Principle 6.1 of the Statement of Principles made in the 2021 State Wage Case states “Existing allowances which constitute a reimbursement of expenses incurred may be adjusted from time to time where appropriate to reflect the relevant change in the level of those expenses.”;

AND WHEREAS Principle 6.3 of the Statement of Principles made in the 2021 State Wage Case states that “Allowances which relate to work or conditions which have not changed and service increments may be adjusted as a result of the State Wage order, or, if an award contains another method for adjusting such allowances, in accordance with that other method.”;

AND WHEREAS the proposed amendments are set out in Schedule B to the application. The methodology applied is set out in Schedule C to the application;

AND WHEREAS the ETU is the only named party to the Award;

AND WHEREAS there are 10 respondents listed in the First Schedule to the Award, of whom those who are currently in existence have been duly served with notice of the application and none have responded to the notice given to them of this application. The variations are therefore unopposed;

AND BEING satisfied that:

(a) The amendments proposed do not affect any substantive change to the scope of the Award or its area of operation;

(b) The application is not made within a term specified in the Award; and

(c) The requirements for varying the Award are met;

NOW THEREFORE, the Commission, pursuant to the powers conferred under the IR Act, hereby orders –

1. THAT the Radio and Television Employees' Award be varied in accordance with the attached Schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after 1 January 2022.






SENIOR COMMISSIONER R COSENTINO


SCHEDULE

1. Clause 9. - Overtime: Delete paragraph (f) of subclause (3) of this Clause and insert in lieu thereof:

(f) Subject to the provisions of paragraph (g) of this subclause, an employee required to work overtime for more than two hours shall be supplied with a meal by the employer or be paid $14.50 or a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required they shall be supplied with each such meal by the employer or be paid $9.80 for each meal so required.

2. Clause 13. - Car Allowances: Delete subclause (3) of this Clause and insert in lieu thereof the following:

(3) A year for the purpose of this Clause shall commence on 1 July and end on 30 June next following.

RATES OF HIRE FOR USE OF EMPLOYEE'S OWN VEHICLE
ON EMPLOYER'S BUSINESS

MOTOR CAR

Area and Details
Engine Displacement
(in Cubic Centimetres)





Over 2600cc
Over 1600cc - 2600cc
1600cc & Under
Rate per Kilometre (Cents)







Metropolitan Area
88.2
78.8
68.6
South West Land Division
90.2
80.7
70.1
North of 23.5° South Latitude
99.0
88.8
77.5
Rest of the State
93.0
83.4
72.8
Motor Cycle (In All Areas)
30.2 cents per kilometre

3. Clause 14. - Distant Work: Delete subclause (4) of this Clause and insert in lieu thereof the following:

(4) Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job the employee shall be provided with suitable transport to and from that job or be paid an allowance of $16.50 per day provided that where the time actually spent in travelling either to or from the job exceeds twenty minutes, that excess travelling time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.

4. Clause 29. - Wages:

A. Delete subclause (2) of this Clause and insert in lieu thereof:

(2) Leading Hands:

In addition to the appropriate total wage prescribed in subclause (1) of this Clause a leading hand shall be paid:



$
(a)
If placed in charge of not less than three and not more than ten other employees
35.40
(b)
If placed in charge of more than ten and not more than twenty other employees
53.90
(c)
If placed in charge of more than twenty other employees
69.70

B. Delete subclause (5) of this Clause and insert in lieu thereof:

(5) (a) Where an employer does not provide a Serviceperson, Installer, Assembler or an apprentice with the tools ordinarily required by that Serviceperson, Installer, Assembler or apprentice in the performance of their work as a Serviceperson, Installer, Assembler or as an apprentice the employer shall pay a tool allowance of:-

(i) $19.40 per week to such Serviceperson, Installer or Assembler; or

(ii) In the case of an apprentice a percentage of $19.40 being the percentage which appears against their year of apprenticeship in subclause (3) of this Clause, for the purpose of such Serviceperson, Installer, Assembler or apprentice supplying and maintaining tools ordinarily required in the performance of their work as a Serviceperson, Installer, Assembler or apprentice.

(b) Any tool allowance paid pursuant to paragraph (a) of this subclause shall be included in, and form part of, the ordinary weekly wage prescribed in this Clause.

(c) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments.

(d) A tradesperson or apprentice shall replace or pay for any tools supplied by the employer if lost through their negligence.