REVIEW OF CLEANERS AND CARETAKERS AWARD, 1969 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 THURSday, 12 October 2023

FILE NO/S CICS 4 OF 2023

CITATION NO. 2023 WAIRC 00810

Result Order issued

Representation

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

Dr T Dymond on behalf of UnionsWA

Ms S Lyon on behalf of the Western Australian Local Government Association

Order

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

THAT the Cleaners and Caretakers Award, 1969 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 1.3 Area and Scope and substitute with a new Clause 1.3 Area and Scope as follows:

1.3. – AREA AND SCOPE

1.3.1.

(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.

1.3.2. This Award applies to all employees in the classifications set out in Clause 3.1 - Wages who are employed by private sector businesses, community and religious organisations, clubs and societies, and local government, as well as to their employers.

1.3.3. This Award also applies to employers that supply labour on an on-hire basis to host employers in respect of on-hire employees employed in the classifications provided in Clause 3.1 - Wages and those on-hire employees, while engaged in the performance of work covered by this award.

1.3.4. Notwithstanding the provisions of this clause, this Award does not apply to any employee who:

(1) carries out the duties of a verger in a church; or

(2) is otherwise subject to the terms and conditions of the:

(a) Cleaners and Caretakers (Car and Caravan Parks) Award 1975;

(b) Contract Cleaners Award, 1986; or

(c) Security Officers’ Award.

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