WESTERN AUSTRALIANINDUSTRIAL RELATIONS COMMISSION

Application No. 689 of 2005

APPLICATION FOR VARIATION OF AN AWARDENTITLED

“ CATERING EMPLOYEES AND TEA ATTENDANTS (GOVERNMENT) AWARD 1982", NO. A 34 OF 1981.

NOTICE is given that an application has been made to the Commission by the The Liquor, Hospitality and Miscellaneous Union, Western Australian Branch (“the union”) to vary the above Award..

As far as relevant, those parts of the proposed variation that relate to area of operation or scope are published hereunder.

Clause 3. – Area. Renumber Clause 1.3. Delete and replace with the following:

1.3AREA AND SCOPE

This award shall apply to all employees who are employed in the callings described in 4.4 Wages by the Western Australian Government, the Western Australian Public Sector, or public sector commissions or authorities in catering establishments as defined in 1.5. Provided that this Award shall not apply to any employee who at the date of this Award is covered by any other award registered or issued under the provisions of the Industrial Relations Act, 1979

Clause 4. – Scope. Delete this clause.

Clause 6. – Definitions. Renumber this Clause 1.5. Delete and Replace with the following:

1.5DEFINITIONS

1.5.1“Commission” means the Western Australian Industrial Relations Commission.

1.5.2 "Catering Establishment" shall mean any meal room, dining room, coffee shop, tea shop, canteen or cafeteria, and includes any place, building, or part thereof, in or from which food is sold or served for consumption on the premises or elsewhere.

1.5.3"Bar Attendant" shall mean an employee over the age of 18 years who serves liquor for sale from behind a bar counter.

1.5.4"Chef" shall mean an employee who is a "Qualified Cook", (as defined in subclause (4) hereof), and who is appointed as such by the employer.

1.5.5"Qualified Cook" shall mean an employee who has completed and can produce appropriate documentary evidence to their employer to the effect that the employee has successfully completed an apprenticeship in cooking at an approved or recognised school or college, or who can provide documentary evidence of having served at least six years in the Australian Armed Forces in the classification of Cook.

1.5.6"Cook Employed Alone" shall mean an employee who is employed when no other cook is employed during the employee's shift.

1.5.7"Cashier" shall mean an employee who is principally engaged upon receiving monies in a dining room or restaurant area.

1.5.8"Daily Spread of Shift" shall mean the time which elapses from the employee's actual starting time to the employee's actual finishing time for the day or shift.

1.5.9 "Tea Attendant" shall mean an employee engaged either wholly or for the major and substantial part of working time making and/or servicing morning and/or afternoon teas, washing up and other duties in connection with such work.

1.5.10“Union” means the Liquor, Hospitality and Miscellaneous Union, Western Australian Branch.

1.5.11“Casual employee” means an employee as defined in subclause 2.2 - Types of Employment.

1.5.12“Fixed term contract employee” means a person engaged by the employer under a contract of employment for a specified period.

1.5.13“Probationary employee” means an employee who is serving a period of probation in accordance with paragraph 2.1.2 of this clause.

1.5.14“Trainee” means an employee engaged in a full time or part time structured employment based training arrangement, approved by the Western Australian Department of Education and Training and which, on successful completion, provides the employee with a nationally recognised qualification.

1.5.15“Traineeship training contract” means the agreement between the employer and the trainee that provides details of the traineeship and the obligations of the employer and trainee, and that is registered with the Western Australian Department of Education and Training.

Clause 22. – Wages. Renumber Clause 4.4. Delete and replace with the following:

4.4WAGES

(1)The minimum weekly rate of wage payable to employees covered by this award shall be as per the subclauses comprising:

(a) Part A – Wages Adjusted by Arbitrated Safety Net Adjustments; or

(b)Part B – Expired Industrial Agreement Wages;

whichever is the greater.

(2)The wage rates to apply for the purpose of the no-disadvantage test under the Industrial Relations Act 1979 shall be as per the subclauses comprising:

(a) Part A – Wages Adjusted by Arbitrated Safety Net Adjustments; or

(b)Part B – Expired Industrial Agreement Wages;

whichever are the greater.

PART A: WAGES ADJUSTED BY ARBITRATED SAFETY NET ADJUSTMENTS

The rates of pay in subclause (3) of this clause include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in subclause (3), except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

(3)Subject to subclause (1), the weekly rate of wage payable to employees covered by this award, excluding those who are employed by the Department of Education and Training, shall be as follows:

Classification

/ Base Rate ($) / Arbitrated Safety Net Adjustments per week ($) / Total Award Rate per week ($)
(1) Chef / 351.20 / 159.00 / 510.20
(2) Qualified Cook / 325.40 / 159.00 / 484.40
(3) Cook Employed Alone / 307.90 / 159.00 / 466.90
(4) Other Cooks / 304.60 / 159.00 / 463.60
(5) Bar Attendant / 307.40 / 159.00 / 466.40
(6) Waiter/Waitress / 300.20 / 159.00 / 459.20
(7) Steward/Stewardess / 300.20 / 159.00 / 459.20
(8) Cashier / 307.40 / 159.00 / 466.40
(9) Counter Hand / 300.20 / 159.00 / 459.20
(10) Tea Attendant / 297.20 / 159.00 / 456.20
(11) Kitchen Hand / 297.20 / 159.00 / 456.20
(12) General Hand / 297.20 / 159.00 / 456.20

PART B – EXPIRED INDUSTRIAL AGREEMENT WAGES

(4) The wage rates contained in subclauses (8) and (9) of this clause have been incorporated from an industrial agreement applicable to employees covered by this award and are not to be subject to arbitrated safety net adjustments.

(5)Subject to subclause (1), the weekly rate of wage payable to employees covered by this award shall be as follows:

Classification / Weekly Amount
Chef
1st year of employment / $576.30
2nd year of employment / $582.30
3rd year of employment / $587.60
Qualified Cook
1st year of employment / $542.30
2nd year of employment / $548.50
3rd year of employment / $553.60
Cook Employed Alone
1st year of employment / $519.40
2nd year of employment / $525.40
3rd year of employment / $530.70
Other Cooks
1st year of employment / $515.20
2nd year of employment / $521.10
3rd year of employment / $526.40
Bar Attendant
1st year of employment / $518.80
2nd year of employment / $524.80
3rd year of employment / $530.10
Waiter/Waitress
1st year of employment / $509.30
2nd year of employment / $515.40
3rd year of employment / $520.60
Steward/Stewardess
1st year of employment / $509.30
2nd year of employment / $515.40
3rd year of employment / $520.60
Cashier
1st year of employment / $518.80
2nd year of employment / $524.80
3rd year of employment / $530.10
Counter Hand
1st year of employment / $509.30
2nd year of employment / $515.40
3rd year of employment / $520.60
Tea Attendant
1st year of employment / $505.30
2nd year of employment / $511.50
3rd year of employment / $516.60
Kitchen Hand
1st year of employment / $505.30
2nd year of employment / $511.50
3rd year of employment / $516.60
General Hand
1st year of employment / $505.30
2nd year of employment / $511.50
3rd year of employment / $516.60

A copy of the proposed variation may be inspected at my office at 111 St George’s Terrace, Perth.

J.A SPURLING

Registrar

5 October 2005