REVIEW OF CONTRACT CLEANERS AWARD, 1986 SCOPE CLAUSE PURSUANT TO S 37D OF THE INDUSTRIAL RELATIONS ACT 1979 (WA)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Commission's Own Motion

APPLICANT

-v-

(Not applicable)

RESPONDENT

CORAM COMMISSION IN COURT SESSION

  Chief Commissioner S J Kenner

  Senior Commissioner R Cosentino

  Commissioner T Emmanuel

DATE WEdnESday, 13 September 2023

FILE NO/S CICS 16 OF 2022

CITATION NO. 2023 WAIRC 00750

Result Order issued

Representation

Ms A Kothapalli and Ms M Williams on behalf of the Hon. Minister for Industrial Relations

Dr T Dymond on behalf of UnionsWA

Order

HAVING heard from Ms A Kothapalli and Ms M Williams on behalf of the Hon. Minister for Industrial Relations and Dr T Dymond on behalf of UnionsWA, the Commission in Court Session, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby orders –

THAT the Contract Cleaners Award, 1986 be varied in accordance with the attached Schedule and that the variations in the attached Schedule shall have effect from the date of this order.

By the Commission in Court Session

CHIEF COMMISSIONER S J KENNER

SCHEDULE

1. Delete Clause 3 Area and Scope and substitute with a new Clause 3 Area and Scope as follows:

3. - AREA AND SCOPE

(1) This Award has effect throughout Western Australia.

(2) This Award has effect with respect to employers who are connected to the State of Western Australia and their employees while performing work covered by this Award.

Note: for a non-exhaustive list of indicators of when an employer may be connected to the State of Western Australia, see s 3(2) of the Industrial Relations Act 1979. Indicators include but are not limited to, whether the employer is:

● domiciled or resident in, or has a place of business in, the State; or

● registered, incorporated, or established under a law of the State; or

● the holder of a licence, lease, tenement, permit, or other authority, granted under a law of the State or by a public authority.

(3) This Award applies to employees working in the classifications specified in clause 20. - Wages of this Award, in the contract cleaning industry, and their employers.

(4) This Award also applies to employers that supply labour on an on-hire basis to host employers in respect of on-hire employees working in the classifications specified in clause 20. - Wages and those on hire employees, while engaged in the performance of work covered by this Award.

(5) This Award does not apply to employers and employees who are covered by the following awards:

(a) Cleaners and Caretakers Award, 1969.

(b) Cleaners and Caretakers (Car and Caravan Parks) Award 1975.

(c) Security Officers’ Award.

(6) This Award does not apply to employers and employees who are subject to the national industrial relations system.