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WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

INDUSTRIAL RELATIONS ACT 1979

In the matter of consideration of rescinding General Order No.975 of 1998 on location allowances and making a new General Order pursuant to section50 of the Industrial Relations Act, 1979

(No. 690 of 1999)

COMMISSION IN COURT SESSION28 June 1999

COMMISSIONER S A CAWLEY

COMMISSIONER A R BEECH

COMMISSIONER S J KENNER

REASONS FOR DECISION

COMMISSION IN COURT SESSION: The Chamber of Commerce and Industry of Western Australia (Inc.) (“the Chamber”) has applied to the Commission in Court Session to consider rescinding the General Order applying to location allowances in the private sector which issued in matter No.975 of 1998 and issuing a new General Order to have effect in relation to certain awards, industrial agreements and orders of this Commission from the beginning of the first pay period to commence on or after the first day of July 1999.

It is the case that what is raised for consideration reflects the terms of the current General Order save that the allowances have been increased. The location allowances in ScheduleB of the proposal have been calculated in accordance with subclause(9) of the existing General Order [(1998) 78WAIG 2999 at 3002] with the increases in the prices component of the allowances being to 1.3% based on the Consumer Price Index (excluding housing) for Perth to the end of the March 1999 quarter produced by the Australian Bureau of Statistics. The awards, industrial agreements and orders to be affected are identified in ScheduleA. It is noted that an award cancelled since the issue of the 1998 General Order, the Crothall Hospital Services (WA) Pty Ltd Award (No. 5 of 1981) (1999) 79WAIG 1429, has not been included in ScheduleA. ScheduleC reflects the historical construct for the purposes of the location allowance with the new rate included. Its purpose here is for general reference.

The Chamber and the other entities identified by section50(10), namely the Trades and Labor Council of Western Australia (“the Council”), the Australian Mines and Metals Association Incorporated (“Mines and Metals Association”) and the Minister for Labour Relations, have been afforded the statutory right to be heard on the matter and in relation to a draft schedule produced by the Commission in Court Session to them prior to hearing. The Chamber, Mines and Metals Association and the Council exercised that right when the matter proceeded. They concur with the draft terms and with the issue of the General Order as per the minutes provided to them.

A General Order will now issue to apply to all awards, industrial agreements and orders identified in ScheduleA with an operative date in each instance of the beginning of the first pay period commencing on or after the first day of July 1999. The General Order which issued in Matter No.975 of 1998 shall be rescinded and replaced by this General order with effect in accordance with the same operative date.

Appearances:MrD Jones appeared on behalf of the Chamber of Commerce and Industry of Western Australia (Inc.).

MrJ Abdullah appeared on behalf of the Australian Mines and Metals Association Incorporated.

Ms S Mayman appeared on behalf of the Trades and Labor Council of Western Australia.

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