2007 WAIRC 00153
CATERING EMPLOYEES AND TEA ATTENDANTS (GOVERNMENT) AWARD 1982
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
THE MINISTER FOR PRIMARY INDUSTRY AND OTHERS
RESPONDENTS
CORAM SENIOR COMMISSIONER J H SMITH
DATE THURSDAY, 22 FEBRUARY 2007
FILE NO. APPL 79 OF 2006
CITATION NO. 2007 WAIRC 00153

Result Award varied
Representation


APPLICANT MS E PALMER

RESPONDENTS MR J LANGE (DOCEP)


Order
Having heard Ms E Palmer on behalf of the Applicant and Mr J Lange on behalf of the Respondents, and by consent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –

THAT the Catering Employees and Tea Attendants (Government) Award 1982 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after 21 February 2007.



SENIOR COMMISSIONER J H SMITH


SCHEDULE

1. Clause 9. – Additional Rates for Ordinary Hours: Delete subclauses (1) and (2) of this clause and insert the following in lieu thereof:

(1) A full-time or part-time employee who is required to work any ordinary hours between 7.00pm and 7.00am Monday to Friday, inclusive, shall be paid, in addition to the appropriate wage set out in Clause 22. - Wages, an additional payment equivalent to 15% of the wages paid for the time so worked with a minimum payment of $3.00 per day.

(2) An employee who is required to work any of his ordinary hours on any day in more than one period of employ and other than for meal breaks as prescribed by Clause 13. - Meal Breaks of this award, shall be paid an allowance of $2.56 per day, for such broken work period worked.


2. Clause 14. – Meal Money: Delete this clause and insert the following in lieu thereof:

14. - MEAL MONEY

When an employee is required to work overtime for more than one hour on any day, he or she will either be supplied with a substantial meal by the employer or be paid $10.10 meal money.


3. Clause 22. - Wages: Delete subclauses (2) and (3) of this clause and insert the following in lieu thereof:

(2) In addition to the above wage rates service pay will be paid for each year of service at the following rates per week:


$


Year 1
76.60
Year 2
83.60
Year 3 and thereafter
89.80

(3) Leading Hands -

An employee (other than a Chef) who is appointed and placed in charge of other employees by the employer shall be paid the following rates in addition to his or her normal wage per week:-



$
(a)
If placed in charge of less than six employees
12.80



(b)
If placed in charge of six to ten employees
17.10



(c)
If placed in charge of 11 to 20 employees
19.70



(d)
If placed in charge of more than 20 employees
33.00


4. Clause 25. – Bar Work: Delete this clause and insert the following in lieu thereof:

25. - BAR WORK

Any employee other than a Bar Attendant, who in addition to their normal duties is required to dispense liquor from a bar, shall be paid a flat rate of 99 cents per day in addition to the rate prescribed for such normal duties.


5. Clause 27. – Uniforms and Laundering: Delete this clause and insert the following in lieu thereof:

27. - UNIFORMS AND LAUNDERING

Where uniforms are required to be worn by the employer they shall be supplied and laundered by the employer and remain the property of the employer, provided that in lieu of the employer laundering same, the employee shall be paid $3.60 per week for such laundering. Provided further that any employee employed as a Cook shall be paid $5.25 per week for laundering.


6. Clause 28. – Protective Clothing: Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Employees who are required to wash dishes, or otherwise handle detergents, acids, soaps or any injurious substances, shall be supplied with rubber gloves free of charge by the employer, or be paid an allowance of $1.63 per week in lieu.


7. Clause 29. – Employees Equipment: Delete this clause and insert the following in lieu thereof:

29. - EMPLOYEE’S EQUIPMENT

All knives, choppers, tools, brushes, towels and other utensils, implements and material which may be required to be used by the employee for the purpose of carrying out their duties, shall be supplied by the employer free of charge.

Provided that where an employee is required by the employer to use his own knives he shall be paid an allowance of $9.30 per week.

And further, with the consent of the parties, the Commission records the following basis for variation:

1. The agreed Key Minimum Classification in this Award is Qualified Cook.

2. The Work Related Allowances – the percentage increase in:

– Clause 9. – Additional Rates for Ordinary Hours
– Clause 22. – Wages
– Clause 25. – Bar Work
– Clause 29. – Employees Equipment

is derived from $17 divided by $467.40 equals 3.64% (2005) and $20 divided by $484.40 equals 4.13% (2006), as prescribed by Principles 5. – Adjustment of Allowances and Service Increments of the State Wage Case:

“allowances which relate to work or conditions which have not changed and service increments may be adjusted as a result of the arbitrated safety net increase . . . the method of adjustment shall be that such allowances and service increments should be increased by a percentage derived as follows: divide the monetary safety net increase by the rate for the key classification in the relevant award immediately prior to the application of the safety net increase to the award rate and multiply by 100.”

3. For Expense Related Allowances:

– Clause 14. – Meal Money has been varied for the CPI Meals Out and Take Away Foods for the period December 2004 to June 2006 giving the percentage of 6.19%.

June 2006
171.5
X
100
=
6.19%
December 2004
161.5
1

CPI Meals Out and Take Away Foods – Perth

– Clause 27. – Uniforms and Laundering
– Clause 28. – Protective Clothing

have been varied for the CPI Clothing Services and Shoe Repair – Perth for the period December 2004 to June 2006 giving the percentage of 7.29%.

June 2006
185.5
X
100
=
7.29%
December 2004
172.9
1

CPI Clothing Services and Shoe Repair – Perth

For all allowances previous rates are identified in Column A of the attached spreadsheet. Column B identifies the new actual rate having applied the increase. Column C the new rate identified in Column B rounded where appropriate.

Catalogue No. 6455..0.40.001

WORK RELATED ALLOWANCES

KEY MINIMUM CLASSIFICATION IS QUALIFIED COOK

Clause
A
B
C
Clause 9. – Additional Rates for Ordinary Hours
(1)
$2.78
$3.00

(2)
$2.37
$2.56

Clause 22. – Wages (2)
$71.00
$76.62
$76.60

$77.50
$83.64
$83.60

$83.20
$89.79
$89.80




(3)
$11.90
$12.84
$12.80

$15.80
$17.05
$17.10

$18.30
$19.75
$19.70

$30.60
$33.02
$33.00
Clause 25. – Bar Work
92c
99c

Clause 29. – Employees Equipment
$8.60
$9.28
$9.30

EXPENSE RELATED ALLOWANCES

CPI Take Away Food - All

Clause
A
B
C
Clause 14. – Meal Money
$9.50
$10.09
$10.10





CPI Clothing Services and Shoe Repair – Perth

Clause
A
B
C
Clause 28. – Protective Clothing
$1.56
$1.63

Clause 27. – Uniforms and Laundering
$3.35
$3.59
$3.60

$4.90
$5.26
$5.25