MOTELS,
ACCOMMODATION AND RESORTS, &c.
(STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application
by the Australian Liquor, Hospitality and Miscellaneous Workers Union, New
South Wales Branch, industrial organisation of employees.
(No. IRC 4985 of 2001)
Before the Honourable Justice Walton, Vice-President
|
16 August 2001
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VARIATION
1. Delete sub-clause 12.2 of Clause 12,
Classifications and Wage Rates, of the award published 31 August 2001 (327 I.G.
244), and insert in lieu thereof the following:
12.2 Minimum Rates of Pay
|
Minimum Award Rate Per Week ($)
|
SWC 2001 (First full pay period to
commence on or after 30/10/01) ($)
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Level and Classification
|
|
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Introductory Level
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400.40
|
413.40
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LEVEL 1
|
|
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Hospitality Services Grade 1
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417.10
|
430.10
|
LEVEL 2
|
|
|
Hospitality Services Grade 2
|
442.20
|
455.20
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Leisure Attendant Grade 1
|
442.20
|
455.20
|
Hospitality Administration and Front Office Grade 1
|
442.20
|
455.20
|
LEVEL 3
|
|
|
Hospitality Services Grade 3
|
460.50
|
473.50
|
Hospitality Administration and Front Office Grade 2
|
460.50
|
473.50
|
Leisure Attendant Grade 2
|
460.50
|
473.50
|
LEVEL 4
|
|
|
Hospitality Services Grade 4
|
492.20
|
507.20
|
Hospitality Administration and Front Office Grade 3
|
492.20
|
507.20
|
Leisure Attendant Grade 3
|
492.20
|
507.20
|
LEVEL 5
|
|
|
Hospitality Services Grade 5
|
533.90
|
548.90
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Hospitality Administration and Front Office
|
533.90
|
548.90
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Supervisor
|
|
|
LEVEL 6
|
|
|
Hospitality Services Grade 6
|
552.80
|
567.80
|
2. Delete
sub-clause 12.4 of the above Clause 12 and insert in lieu thereof the
following:
12.4 The rates of pay in this award include the
adjustments payable under the State Wage Case 2001.
These adjustments may be offset
against:
(a) any equivalent overaward payments; and/or
(b) award wage increases since 29 May 1991
other than safety net, State Wage Case, and minimum rates adjustments.
3. Delete Clause 16, Allowances, of the
award published 31 August 2001 (327 I.G. 244), and insert in lieu thereof the
following:
16.1 Meal Allowance -
16.1.1 A full-time or regular part-time employee
required to work overtime for more than two hours without being notified on the
previous day or earlier that he or she will be so required to work shall either
be supplied with a meal by the employer or paid $8.80 meal money.
16.1.2 If an employee pursuant to notice has provided
a meal and is not required to work overtime or is required to work less than
the amount advised, he or she shall be paid as above prescribed for the meal
which he or she has provided but which is surplus.
16.2 Broken Periods of Work Allowance
16.2.1 A full-time or regular part-time employee who
has a broken work day shall receive an additional allowance for a spread of
hours prescribed as follows:
Spread of HoursRate
Per Day
|
Rate Per Day
|
|
$
|
Under 10
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Nil
|
10 but under 10-1/2
|
.93
|
10-1/2 but under 11-1/2
|
1.83
|
11-1/2 or more
|
2.77
|
16.3 Penalty Rates Not Cumulative - Except as
provided in clause 19 - Meal breaks of this Award where time worked is required
to be paid for at more than the ordinary rate, such time shall not be subject
to more than one penalty, but shall be subject to that penalty which is to the
employee's greatest advantage.
16.4 Board and Lodging
16.4.1 (a) Where board and lodging is made
available to adult employees the employer shall have the right to deduct from
the pay of the employees residing on the premises an amount of $140.50 per week
of seven days.
(b) Provided that where an adult employee is
required to share a room for lodging, the amount to be deducted from the pay of
the employee for lodging shall be $138.60 per week of seven days.
16.4.2 (a) Where lodging only is made available to
adult employees, the employer shall have the right to deduct from the pay of
the employee residing on the premises the sum of $134.00 per week of seven
days.
(b) Provided that where an adult employee is
required to share a room for lodging, the amount to be deducted from the pay of
such employee for lodging, shall be $133.65 per week of seven days.
16.4.3 In the case of employees who do not reside on
the employer's premises a deduction at the rate of $7.30 for each meal supplied
and consumed during the employee's spread of working hours may be deducted by
the employer.
16.4.4 The rates for board and lodging for adults
shall be increased or decreased by 20 cents, for each meal by one cent, for
every 50 cents per week alteration in the rate of classification Hospitality
services grade 1 in clause 12, Classification and Wage Rates.
16.4.5 Junior employees receiving adult rates of pay
as prescribed in this Award shall be subject to the deductions applicable to
adults prescribed in this clause.
16.4.6 Junior employees receiving junior rates of
pay shall be subject to a deduction at the rate of 50 cents for each meal
supplied and consumed during the employee's spread of working hours.
16.5 Laundry Allowance - Where any employee is
required to wear a special uniform such uniform shall be provided and laundered
by the employer free of cost to the employee or if mutually agreed that the
employee shall launder such uniform the employer shall pay the employee $1.98
for each uniform so laundered with a maximum of $6.20 per week.
16.6 Clothing, Equipment and Tools
16.6.1 Where it is necessary that an employee wear
waterproof or other protective clothing such as waterproof boots, aprons, or
gloves, the employer must reimburse the employee for the cost of purchasing
such clothing. The provisions of this
clause do not apply where the special clothing is supplied without cost to the
employee. Where protective clothing is
supplied without cost to the employee, it will remain the property of the
employer. In the event of a dispute, the necessity for the provision of
protective clothing may be determined by the Motels, Accommodation and Resorts,
&c., Employees (State) Industrial Committee.
16.6.2 Where the employer requires an employee to
provide and use any tools, brushes, knives, choppers, implements, utensils and
materials, the employer must reimburse the employee for the cost of purchasing
such equipment. The provisions of this
clause shall not apply where the employer supplied such items without cost to
the employee.
16.6.3 An employer may require an employee on
commencing employment to sign a receipt for item/s of uniform and property.
This receipt must list the item/s of uniform and the value of them. If, when an
employee ceases employment the employee does not return the item/s of uniform
and property (or any of them) in accordance with receipt the employer will be
entitled to deduct the value as stated on the receipt from the employee’s
wages.
16.6.4 In the case of genuine wear and tear, damage,
loss, or theft that is not the employee's fault the provision of 16.6.3 will
not apply.
16.6.5 Any disagreement concerning the value of
item/s of uniform and any other aspect of this clause shall be determined by
the Motels, Accommodation and Resorts, &c., Employees (State) Industrial
Committee.
16.7 Travelling, Transport and Fares -
16.7.1 Where an employee is detained at work until it
is too late to travel by the last ordinary train, tram, vessel or other regular
conveyance to his or her usual place of residence the employer shall either
provide proper conveyance or provide accommodation for the night free of
charge.
16.7.2 If an employee is required to start work
before his or her ordinary commencing time and before the first ordinary means
of conveyance (hereinbefore prescribed) is available to convey him or her from
his or her usual place of residence to the place of employment, the employer
shall provide a conveyance or pay the cost thereof.
16.7.3 Where a full time or regular part-time
employee is engaged for work outside a distance of 44 kilometres from the place
of engagement he or she shall be paid all fares actually and necessarily
incurred in travelling from the place of engagement to the place of employment;
provided that if the employee leaves his or her place of employment or is
dismissed for misconduct within a period of three months of the date
engagement, the employer may recover from the employee the fare paid on
engagement.
4. Delete sub-clause 18.8 of Clause 18,
Hours of Work, of the award published 31 August 2001 (327 I.G. 244), and insert
in lieu thereof the following:
18.8 Work Outside Daily Hours
18.8.1 Full time or regular part-time employees who
are required to work any of their ordinary hours outside the hours of 7.00 a.m.
to 7.00 p.m. on Monday to Friday inclusive, shall be paid $1.24 per hour, or
part thereof, for any such time worked outside the said hours with a minimum
payment of $1.89 for any one day.
5. This
variation shall take effect from the first full pay period on or after 30
October 2001.
M. J. WALTON J, Vice-President
__________________
Printed by the authority of the Industrial Registrar.