Catering Employees and Tea Attendants (Government) Award 1982

Catering Employees and Tea Attendants (Government) Award 1982

1. - TITLE

This award shall be known as the Catering Employees and Tea Attendants (Government) Award 1982, and replaces Award No. 21 of 1972, as varied.

1B. - MINIMUM ADULT AWARD WAGE

(1)No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(2)The minimum adult award wage for full-time employees aged 21 or more is $692.90 per week payable on and from the commencement of the first pay period on or after 1 July 2016.

(3)The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.

(4)Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5)Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.

(6)The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(7)Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(8)Subject to this clause the minimum adult award wage shall –

(a)Apply to all work in ordinary hours.

(b)Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(9)Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2016 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(10)Adult Apprentices

(a)Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $593.90 per week on and from the commencement of the first pay period on or after 1 July 2016.

(b)The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.

(c)Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

(d)Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003.

2. - ARRANGEMENT

1.Title

1B.Minimum Adult Award Wage

2.Arrangement

3.Area

4.Scope

5.Term

6.Definitions

7.Contract of Service

8.Hours

9.Additional Rates for Ordinary Hours

10.Overtime

11.Casual Employees

12.Part-Time Employees

13.Meal Breaks

14.Meal Money

15.Sick Leave

16.Compassionate Leave

17.Maternity Leave

18.Public Holidays

19.Annual Leave

20.Long Service Leave

21.Payment of Wages

22.Wages

23.Jury Service

24.Apprentices

25.Bar Work

26.Higher Duties

27.Uniforms and Laundering

28.Protective Clothing

29.Employee's Equipment

30.Travelling Facilities

31.Record

32.Roster

33.Change and Rest Rooms

34.First Aid Kit

35.Posting of Award and Union Notices

36.Deleted

37.Breakdowns

38.District Allowance

39.Grievance Procedures

40.Leave to Attend Union Business

41.Deleted

42.Trade Union Training Leave

43.Paid Leave for English Language Training

44.Enterprise Flexibility

Appendix - Resolution of Disputes Requirements

Schedule A - Named Union Party

Schedule B - Respondents

Appendix - S.49B - Inspection Of Records Requirements

3. - AREA

This award shall have effect throughout the State of Western Australia.

4. - SCOPE

This award shall apply to all employees employed in the calling described in Clause 22. - Wages of this award and who are employed by the respondents to this award in catering establishments and as Tea Attendants, as defined in Clauses 6. - Definitions and 23. - Tea Attendants of this award, 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 Arbitration Act, 1979.

5. - TERM

The term of this award shall be for a period of one year as from the beginning of the first pay period commencing on or after the 19th day of November, 1982.

6. - DEFINITIONS

(1)"Catering Establishment" shall mean any meal room, dining room, coffee shop, tea shop, 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.

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

(3)"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.

(4)"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 Her Majesty's Armed Forces in the classification of Cook.

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

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

(7)"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.

(8)"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.

7. - CONTRACT OF SERVICE

(1)Except for casual employees the contract of service shall be on a weekly basis, provided that one week's notice of termination may be given on either side on any working day, or in the event of such notice not being given by the payment by the employer or the forfeiture by the employee as the case may be, of one week's pay.

(2)This shall not affect the right of the employer to dismiss any employee without notice for misconduct and in such cases wages shall be paid up to the time of dismissal only.

(3)(a)The foregoing provisions shall not affect the right of an employer to stand down employees without pay during all vacation periods when no work is available. In respect to the Tertiary Education Institutions the vacation periods will extend to include those weeks which are calendarised as non-teaching weeks and not requiring student attendance on campus.

(b)The employer shall advise the employee before the stand-down period has commenced the date of resumption of work. Employees who fail to advise the employer at least 48 hours before the date of resumption that they are ready, willing and available for work shall be deemed to have terminated their contract of employment.

(4)(a)An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training, including work which is incidental or peripheral to the employee's main tasks or functions, provided that such duties are not designed to promote de-killing.

(b)An employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment.

(c)Any direction issued by an employer pursuant to paragraphs (a) and (b) of this subclause shall be sistent with the provisions of the Occupational Health, Safety and Welfare Act 1984-1987 as amended.

8. - HOURS

(1)The ordinary hours of work shall be an average of 38 per week provided that:

(a)In no case are more than forty ordinary hours worked in any week;

(b)No more than eight ordinary hours are worked in any one day;

(c)Ordinary hours are worked on not more than five days in any week;

(d)Ordinary hours are worked within a daily spread of 11 hours.

(2)Except as provided in subclause (4) hereof, employees shall not be required to work ordinary hours on more than 19 days in each four week roster cycle.

(3)Employee shall be rostered such that in each four week roster cycle, rostered days off are consecutive on at least two occasions.

(4)Notwithstanding the provisions of subclause (2) hereof, one rostered day off in each four week roster cycle may be accumulated to a maximum of ten days in any one year. Such accumulated rostered days off may be taken at a time mutually convenient to the employer and the employee.

9. - ADDITIONAL RATES FOR ORDINARY HOURS

(1)A full-time or part-time employee who is required to work any ordinary hours between 7.00pm and 7.00am Monday to Friday, inclusive, shall be paid, in addition to the appropriate wage set out in Clause 22. - Wages, an additional payment equivalent to 15% of the wages paid for the time so worked with a minimum payment of $3.65 per day.

(2)An employee who is required Lo work any of his ordinary hours on any day in more than one period of employ and other than for meal breaks as prescribed by Clause 13. - Meal Breaks of this award, shall be paid an allowance of $3.20 per day, for such broken work period worked.

(3)All work performed during ordinary hours on a Saturday shall be paid at the rate of time and one half.

(4)All work performed during ordinary hours on a Sunday shall be paid at the rate of double time.

(5)Provided that any employee who was receiving a greater rate of penalty for Saturday and/or Sunday work at the 29 October 1991 shall continue to receive that greater rate of benefit.

(6)Where an employee's rostered hours of duty in any day of the weekend are extended by an early start or a late finish the weekend rates as the case may be shall be paid for such additional time worked in addition to any overtime payable under Clause 10. - Overtime of this Award.

10. - OVERTIME

(1)All work performed at a time when according to an employee's roster that employee is not rostered to work, be overtime. Without limiting the generality of the foregoing all work done outside the daily spread of 11 hours, or in excess of eight hours in one day, or in excess of 40 hours in one week, or in excess of 152 hours in a four week roster cycle shall be overtime provided that where rostered days off are accumulated pursuant to Clause 8(4), 160 ordinary hours may be worked in a four week roster cycle in which one rostered day off is accumulated to be taken at a later, mutually convenient time.

(2)Subject to the provisions of subclause (3) hereof, all overtime worked between Monday to Friday, both inclusive, and prior to 12 noon on a Saturday shall be paid for at the rate of time and a half for the first two hours and double time thereafter. All overtime worked after 12 noon on a Saturday and all day on a Sunday, shall be paid for at the rate of double time.

(3)All work done on an employee's rostered day off shall be paid for at the rate of double time with a minimum payment as for three hours' work.

(4)Notwithstanding anything contained in this award:

(a)an employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements;

(b)no organisation party to this award or employee or employees covered by this award, shall in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.

11. - CASUAL EMPLOYEES

(1)A casual employee shall mean an employee engaged on an hourly contract of service.

(2)Casual employees shall not be engaged for less than two consecutive hours per time.

(3)Casual employees shall be paid at the rate of time and a half, provided that this rate shall be increased to double time and a half for all work performed on the holidays referred to in subclause (1)(a) of Clause 18. - Public Holidays of this award.

(4)The provisions of clauses

9. - Additional Rates for Ordinary Hours,

15. - Sick Leave,

16. - Compassionate Leave,

17. - Maternity Leave,

18. - Public Holidays,

19. - Annual leave and

20. - Long Service Leave

shall not apply to a casual employee.

12. - PART-TIME EMPLOYEES

(1)A part-time employee shall mean an employee engaged on a weekly contract of service, who works regularly from week to week for not less than three or more than seven ordinary hours per day, and not less than 15 or more than 35 hours each week over any five days.

(2)Part-time employees shall be paid 15% in addition to the rates prescribed in Clause 22. - Wages. The provisions of Clause 9. - Additional Rates for Ordinary Hours shall also apply to part-time employees.

(3)All work performed at times when, according to an employee's roster, that employee is not rostered to work shall be overtime. Without limiting the generality of the foregoing, all time worked by a part-time employee beyond seven ordinary hours per day, 35 ordinary hours per week and/or five days per week, shall be overtime and paid for at the appropriate overtime rates prescribed in Clause 10. - Overtime of this award.

13. - MEAL BREAKS

(1)Every employee shall be entitled to a meal break of not less than one half hour nor more than one hour, after not more than five hours of work. Where it is not possible for the employer to grant a meal break on any day, the said meal break shall be treated as time worked and the employee shall be paid at the rate applicable to the employee at the time such meal break is due, plus 50 per cent of the ordinary hourly rate applying to such employee, until such time as the employee is released for a meal.

(2)In addition to breaks for a meal, there may be one other break of at least two hours during each shift. Such break of two hours may include a meal break.

14. - MEAL MONEY

When an employee is required to work overtime for more than one hour on any day, he or she will either be supplied with a substantial meal by the employer or be paid $12.65 meal money.

15. - SICK LEAVE

(1)(a)An employee other than a casual employee shall be entitled to payment for non-attendance on the grounds of personal ill health or injury of one sixth of a week's pay for each completed month of service.

(b)Payment hereunder may be adjusted at the end of each accruing year, or at the time the employee leaves the service of the employer, in the event of the employee being entitled by service subsequent to the sickness in that year to a greater allowance than that made at the time the sickness occurred.

(2)The unused portion of the entitlement prescribed in paragraph (a) hereof in any accruing year shall be allowed to accumulate and may be availed of in the next or any succeeding year.

(3)In order to acquire entitlement to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of their inability to attend for work, the nature of their illness or injury and the estimated duration of the absence. Provided that such advice other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence.

(4)No employee shall be entitled to the benefit of this clause unless they produce proof to the satisfaction of the employer or representative of such sickness provided that the employer shall not be entitled to a medical certificate for absences of less than three consecutive working days unless the total of such absences exceeds five days in any one accruing year.

(5)(a)Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when the employee is absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave.

(b)Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his/her place of residence or a hospital as a result of personal ill health or injury for a period of seven consecutive days or more and produces a certificate from a registered medical practitioner that states that the employee was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if unable to attend for work on the working day next following his annual leave.