Motels,
Accommodation and Resorts, &c. (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Liquor,
Hospitality and Miscellaneous Union, New South Wales Branch, Industrial
Organisation of Employees.
(No. IRC 1145 of 2008)
Before Commissioner
Bishop
|
4 August 2008
|
VARIATION
1. Delete
subclause 12.2 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 &
Classification
|
|
SWC 2008
|
|
Former award rate
|
commencing
|
|
per week
|
first pay period on
or
|
|
$
|
after 30 October
2008
|
|
|
$
|
Introductory Level
|
524.40
|
545.40
|
LEVEL 1
|
|
|
Hospitality Services Grade 1
|
541.10
|
562.70
|
LEVEL 2
|
|
|
Hospitality Services Grade 2
|
566.20
|
588.80
|
Leisure Attendant Grade 1
|
566.20
|
588.80
|
Hospitality Administration and Front Office Grade 1
|
566.20
|
588.80
|
LEVEL 3
|
|
|
Hospitality Services Grade 3
|
584.50
|
607.90
|
Hospitality Administration and Front Office Grade 2
|
584.50
|
607.90
|
Leisure Attendant Grade 2
|
584.50
|
607.90
|
LEVEL 4
|
|
|
Hospitality Services Grade 4
|
618.20
|
642.90
|
Hospitality Administration and Front Office Grade 3
|
618.20
|
642.90
|
Leisure Attendant Grade 3
|
618.20
|
642.90
|
LEVEL 5
|
|
|
Hospitality Services Grade 5
|
659.90
|
686.30
|
Hospitality Administration and Front Office Supervisor
|
659.90
|
686.30
|
LEVEL 6
|
|
|
Hospitality Services Grade 6
|
678.80
|
706.00
|
2. Delete
subclause 12.4 of the said 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 2008.
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
$11.55 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
|
1.24
|
10-1/2 but under 11-1/2
|
2.43
|
11-1/2 or more
|
3.67
|
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
residence 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 $136.40 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 $134.60 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 $130.10
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 $129.75 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 $7.35 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 21 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 $2.34 for each uniform so laundered with a
maximum of $7.30 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 employees 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 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.
16.8 Overnight Stay
Where the employer requests and an employee agrees to
stay overnight on the employer's premises for a period outside that of the
employee's normal rostered hours of duty, the following arrangements shall
apply:
16.8.1 An employee shall
be entitled to an amount of $40.25 per overnight stay period.
16.8.2 This payment shall
be deemed to provide compensation for the overnight stay and also includes
compensation for all work necessarily undertaken by an employee up to a total
of one hour's duration.
16.8.3 Any work
necessarily performed during an overnight stay period by the employee in excess
of a total of one hour's duration shall be paid for at the rate of time and one
half. The payments referred to above
shall not extend beyond the period of the overnight stay.
16.8.4 Any time worked
under 16.8.2 or 16.8.3 shall not be taken into account for the purposes of
Clause 8 - Types of Employment, Clause 18 - Hours of Work or Clause 20 -
Overtime of this award.
16.8.5 An employee
required to stay overnight in accordance with this clause without being
notified on the previous day or earlier that he or she will be so required
shall either be supplied with a meal by the employer or paid $10.80 meal money.
4. Delete
subclause 18.8 Work outside daily hours, 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 $1.64 per hour, or part thereof, for any such time
worked outside the said hours with a minimum payment of $2.51 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 2008.
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.