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 3451 of 2003)
Before Commissioner
Macdonald
|
18 July 2003
|
VARIATION
1. Delete
subclause 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
Level and Classification
|
Former award rate
|
SWC 2003
|
|
per week
|
(commencing first
pay
|
|
|
period on or after
|
|
|
30 October 2003)
|
|
$
|
$
|
Introductory Level
|
431.40
|
448.40
|
Level 1
|
|
|
Hospitality Services Grade 1
|
448.10
|
465.10
|
Level 2
|
|
|
Hospitality Services Grade 2
|
473.20
|
490.20
|
Leisure Attendant Grade 1
|
473.20
|
490.20
|
Hospitality Administration and Front Office Grade 1
|
473.20
|
490.20
|
Level 3
|
|
|
Hospitality Services Grade 3
|
491.50
|
508.50
|
Hospitality Administration and Front Office Grade 2
|
491.50
|
508.50
|
Leisure Attendant Grade 2
|
491.50
|
508.50
|
Level 4
|
|
|
Hospitality Services Grade 4
|
525.20
|
542.20
|
Hospitality Administration and Front Office Grade 3
|
525.20
|
542.20
|
Leisure Attendant Grade 3
|
525.20
|
542.20
|
Level 5
|
|
|
Hospitality Services Grade 5
|
566.90
|
583.90
|
Hospitality Administration and Front Office
|
|
|
Supervisor
|
566.90
|
583.90
|
Level 6
|
|
|
Hospitality Services Grade 6
|
585.80
|
602.80
|
2. Delete subclause
12.4 of clause 12, Classifications and Wage Rates, 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
2003. These adjustments may be offset
against:
(a) any equivalent
over-award 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, and insert in lieu thereof the following:
16. Allowances
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 $9.70 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 Hours
|
Rate per day
|
|
$
|
Under 10
|
Nil
|
10 but under 10-1/2
|
1.03
|
10-1/2 but under 11-1/2
|
2.03
|
11-1/2 or more
|
3.05
|
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 $142.00 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 the employee for lodging shall be $140.20 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 $135.70
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 $135.35 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 $7.10 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, Classifications
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 $2.10 for each uniform so
laundered with a maximum of $6.55 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 paragraph 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
subclause 18.8 of Clause 18, Hours of Work, 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 $1.37 per hour, or part thereof, for any such time
worked outside the said hours with a minimum payment of $2.09 for any one day.
5. This
variation shall take effect on and from the first full pay period to commence
on or after 30 October 2003.
A. W. MACDONALD, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.