2003 WAIRC 09879

100319797

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIESCHAMBER OF COMMERCE & INDUSTRY OF WESTERN AUSTRALIA INC

APPLICANT

-v-

MINISTER FOR CONSUMER AND EMPLOYMENT PROTECTION, TRADES & LABOR COUNCIL OF WESTERN AUSTRALIA & THE AUSTRALIAN MINES & METALS ASSOCIATION INC

RESPONDENTS

CORAMCOMMISSION IN COURT SESSION

CHIEF COMMISSIONER W S COLEMAN

COMMISSIONER J F GREGOR

COMMISSIONER P E SCOTT

DATETUESDAY, 28 OCTOBER 2003

FILE NO/SAPPLICATION 1197 OF 2003

CITATION NO.2003 WAIRC 09879

______

ResultGeneral Order in Appl 569 of 2003 varied

Representation

ApplicantMr G Blyth on behalf of the Chamber of Commerce & Industry WA Inc.

RespondentsMr P Wilding on behalf of the Minister for Consumer & Employment Protection

Mr A Cameron on behalf of the Australian Mines & Metals Association Inc.

Ms S Mayman and with her Mr T Kucera (of counsel) on behalf of the Trades & Labor Council of WA

IntervenorsMr D Foreman on his own behalf

Mr K Richardson on behalf of the Master Builders Association

Mr J Nicholas on behalf of the Australian Liquor, Hospitality & Miscellaneous Workers’ Union, WA Branch

______

General Order

THE COMMISSION IN COURT SESSION having heard from Mr G Blyth on behalf of the Chamber of Commerce & Industry WA Inc., Mr P Wilding on behalf of the Minister for Consumer & Employment Protection, Mr A Cameron on behalf of the Australian Mines & Metals Association Inc., Ms S Mayman and with her Mr T Kucera (of counsel) on behalf of the Trades & Labor Council of WA, Mr D Foreman on his own behalf, Mr K Richardson on behalf of the Master Builders Association and Mr J Nicholas on behalf of the Australian Liquor, Hospitality & Miscellaneous Workers’ Union, WA Branch;

NOW THERFORE the Commission in Court Session hereby orders:

  1. THAT pursuant to section 50(2) of the Act the General Order issued in Application 569 of 2003 ((2003) 83 WAIG 1906) insofar as it relates to setting a minimum weekly wage rate in Awards for apprentices 21 years of age or over, shall be varied.
  1. THAT the variations to Awards effected by the General Order in Application 569 of 2003 ((2003) 83 WAIG 1907), that inserted a new sub-clause (9) in clause 1B. – Minimum Adult Award Wage of Awards (or another clause containing text identical to that said clause) shall be deleted with effect fromthe 1st November 2003.
  1. THAT in lieu of the provisions in awards referred to in clause 2 of this General Order, the following sub-clause shall be inserted –

“(9)Adult Apprentices

(a)Notwithstanding the provisions of this clause, an apprentice, 21 years of age or over, shall not be paid less than the following amounts –

(i)$285.00 per week from the beginning of the first pay period commencing on or after 1st November 2003;

(ii)$315.00 per week from the beginning of the first pay period commencing on or after 31st January 2004; and

(iii)$406.70 per week from the beginning of the first pay period commencing on or after 30th April 2004.

(b)The rate paid at paragraph (a) above is payable on superannuation and during any period of paid leave prescribed by this Award.

(c)Where in an Award an additional rate is expressed as a percentage, fraction, multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this Award for the actual year of the apprenticeship.

(d)Nothing in this sub-clause shall operate to reduce the rate of pay fixed by the Award for an adult apprentice in force immediately prior to 5 June 2003.”

4.THAT the provisions in clause 3 of this General Order shall have effect from the 1st November 2003.

COMMISSION IN COURT SESSION