Re Miscellaneous Workers Kindergarten and Child Care Centres (State) Award [2007] NSWIRComm 186

Industrial Relations Commission (NSW)|2007-08-16|Before: Harrison DP, Mr J, Ms J

CITATION: Re Miscellaneous Workers Kindergarten and Child Care Centres (State) Award [2007] NSWIRComm 186

Liquor Hospitality and Miscellaneous Union, New South Wales (LHMU) Australian Federation of Employers and Industries (AFEI) Catholic Commission for Employment Relations (CCER) PARTIES: Department of Education and Training (DET) Association of Quality Child Care Centres of NSW Inc. (AQCC) Australian Business Lawyers (ABL) Association of Independent Schools of NSW Ltd (AIS)

CATCHWORDS: Application for variation re 2006 and 2007 State Wage Cases - Special Case - Remitted from 2007 State Wage Case proceedings - Agreement of Parties - Award varied by consent to apply 2006 and 2007 State Wage Case increases

LEGISLATION CITED: Industrial Relations Act 1996

2007 State Wage Case [2007] NSWIRComm 118 CASES CITED: 2006 State Wage Case (2006) 153 IR 268 Miscellaneous Workers Kindergarten and Child Care Centres (State) Award 2006 359 IG 663

APPLICANT Mr N Quinn LHMU

RESPONDENTS LEGAL REPRESENTATIVES: Mr G Brack AFEI Mr J Keech CCER Mr G De Courcey DET Ms B Kenneally AQCC Ms J Wang ABL Ms M Jackman AIS

MISCELLANEOUS WORKERS KINDERGARTEN AND CHILD CARE CENTRES (STATE) AWARD 2006

Application by Liquor, Hospitality and Miscellaneous Union, New South Wales Branch for variation re State Wage Case 2006.

1 This matter was subject to consideration during the course of the 2007 State Wage Case [2007] NSWIRComm 118. In addressing the matter the relevant comments of the Full Bench are found from [267] onwards [267]-[278]: 267 Despite the Special Case Principle being the obvious, indeed the only, vehicle by which the LHMU's claim could be properly considered by the Commission, for some reason that has not been satisfactorily explained to the Full Bench the LHMU has refused - and it would appear wilfully so, in light of the tacit invitations by the Full Bench - to use the Special Case Principle and pressed for its application to be dealt with in the manner described under s 17(3)(b) of the Act.

268 We do not propose to grant the application as it is presently framed. To do so would not only be inconsistent with the revised Wage Fixing Principles but it would also be in complete disregard of the existing longstanding rules applicable to wage fixing in this State. To grant the claim on the basis of the Union's application would mean placing an interpretation on Principle 8(g) that the plain words of the provision do not bear and which may create unwarranted expectations in respect of other awards. We do, however, wish to make a number of observations about the merits of the claim and the course that should be adopted in relation to it.

269 In the Award Proceedings, the Full Bench was satisfied that the evidence established work value change sufficient to satisfy the requirements of the Work Value Principle, in relation to child care workers and coordinators but not support workers: see [184]-[197]. In relation to child care workers, co-ordinators and authorised supervisors the Full Bench was satisfied that consistent with the Equal Remuneration Principle, a case of undervaluation on a gender basis was made out on the evidence: see [198]-[220]. The Work Value Principle, subject to certain conditions, provides for wage increases where there have been changes in the nature of the work, skill and responsibility required or the conditions under which work is performed. The Principle does not countenance any other test, including prospective economic considerations.

270 Similarly, the Equal Remuneration Principle provides, inter alia : (a) Claims may be made in accordance with the requirements of this principle for an alteration in wage rates or other conditions of employment on the basis that the work, skill and responsibility required, or the conditions under which the work is performed, have been undervalued on a gender basis.

(b) The assessment of the work, skill and responsibility required under this principle is to be approached on a gender neutral basis and in the absence of assumptions based on gender.

(c) Where the under-valuations is sought to be demonstrated by reference to any comparator awards or classifications, the assessment is not to have regard to factors incorporated in the rates of such other awards which do not reflect the value of work, such as labour market attraction or retention rates or productivity factors.

(d) The application of any formula, which is inconsistent with proper consideration of the value of the work performed, is inappropriate to the implementation of this principle. 271 There is nothing in the decision of the Full Bench in the Award Proceedings to indicate that it had regard to any factors other than those prescribed by the two Principles, neither of which require prospective adjustments determined in State Wage Cases to be taken into account in determining the amount of increase that should be awarded as a consequence of an increase in work value or an undervaluation of the work on a gender basis.

272 It was contended for the employers that it must be assumed that the Full Bench in the Award Proceedings, had knowledge of, and gave consideration to, the effects of the whole of the Wage Fixing Principles then in force, including Principle 8(g). In other words, the decision to grant increases under the Work Value and Equal Remuneration Principles was made in the knowledge that Principle 8(g) precluded any further adjustment to wages under the Child Care Award as a consequence of a State Wage Case decision but the Full Bench made no separate provision for this. Therefore, as the argument went, the Full Bench intended Principle 8(g) to apply in its terms.

273 What was submitted by AFEI in this respect may well be correct in some cases, but it is clear from the comments of the President and Schmidt J, to which we referred earlier, that the Full Bench did not, in the course of the substantive Award Proceedings, give any consideration to whether future State Wage Case increases would be absorbed into the increases granted in the Proceedings because the matter was not raised in the substantive proceedings. Moreover, no evidence was placed before the Full Bench in relation to economic adjustments and their absorption or otherwise. We are satisfied the Full Bench did not take such factors into consideration, either directly or indirectly, when making its decision and determining the amounts of wage increase.

274 In fixing rates of pay under the Work Value and Equal Remuneration Principles the Commission is required to do so under the umbrella of s 10. That is, to fix fair and reasonable conditions of employment which, of course, includes wage rates. The same overriding injunction applies in fixing rates of pay in State Wage Cases. In such Cases the Commission is concerned to ensure the real value of minimum award wages is maintained and it does so having regard to relevant economic considerations.

275 It must be accepted that at the time the Full Bench in the Award Proceedings fixed the new rates of pay it did so on the basis of fixing fair and reasonable rates in order to remedy the undervaluation of the work performed by employees under the Child Care Award. If increases resulting from State Wage Cases are not applied to that Award, the wage rates may not reflect the true value of the work as determined by the Full Bench and its decision in the Award Proceedings may effectively be reversed as State Wage increases are progressively absorbed into the increases awarded. This will, of course, depend on the quantum of the increases granted.

276 The second relevant consideration in this case, which provides support for State Wage Case increases being applied to the rates of pay under the Child Care Award, is the inequity created by the decision of the AFPC which saw the increases awarded by that body added to the rates of pay determined in the Award Proceedings. So that rates of pay under the NAPSA applying to employees of corporate employers previously bound by the Child Care Award are some $27.36 or $22.04 ahead of the rates payable by unincorporated employers who remain bound by the Child Care Award. Apart from the obvious inequity this has created, it has a real potential, given the lack of enterprise bargaining undertaken in the industry and the absence of overaward payments, to distort the labour market in the childcare industry, which we do not consider would be in the public interest.

277 The third highly relevant consideration is that employer interests in the industry represented by ABI, as well as the DPE, acknowledge the appropriateness of adjusting rates of pay under the Child Care Award by $20.00 in the special case context.

278 It must be apparent from what we have said that given the peculiar combination of factors addressed above, we consider there may be a proper basis, on special case grounds, that the increases granted in the 2006 State Wage Case and the 2007 State Wage Case should be applied to the rates of pay under the Child Care Award. We intend to remit this matter to a Member of the Commission and, subject to the LHMU making application under the Special Case Principle, the member shall deal with the application in accordance with the observations made in this decision. The operative dates of the increases will be a matter for the member to determine but we would indicate that adjustment in rates by the incorporation of the amounts awarded in the 2006 and 2007 State Wage Cases may be comfortably accommodated in the application of the Special Case Principle. In the event no application is made within 28 days of this decision, the matter will lapse and the existing file will be closed. Such application may be made by seeking leave to amend the application brought in Matter No IRC 3608 of 2006. 2 The Full Bench addressed the matter in Order no 7 in the following terms: (7) The application by the LHMU in Matter No IRC 3608 of 2006 is remitted to a Member of the Commission to be dealt with in accordance with this decision. 3 The matter was remitted to the Commission as presently constituted. 4 On 20 June 2007 the Liquor, Hospitality and Miscellaneous Union, New South Wales Branch (LHMU) filed and served an amended application seeking variation of the Miscellaneous Workers Kindergarten and Child Care Centres (State) Award 2006 ("the Award") (2006) 359 IG 843 to apply the 2006 State Wage Case (2006) 153 IR 268 from 7 December 2006 and the 2007 State Wage Case from the date of Decision in these proceedings. 5 On 26 June 2007 the application was subject to Directions proceedings. Leave to amend the application was granted and directions issued leading to hearing of the Special Case application by the LHMU on 30 July 2007. 6 On hearing the LHMU relied upon all of the material advanced during the course of the 2007 State Wage Case, in particular Exhibit 13 (LHMU's submissions), the oral evidence, and cross examination in transcript of the 2007 State Wage Case. 7 The respondent employers sought a further opportunity for conciliation and the proceedings adjourned for that purpose. 8 Resulting from discussion between the parties the employers proposed that: s the 2006 State Wage Case be applied from the first pay period to commence on or after 30 July 2007; s the 2007 State Wage Case be applied from the first pay period to commence on or after 1 September 2007 which coincides with an increase determined by the Full Bench of the Commission in the Work Value case [2006] NSWIRComm 64; s subject to the conduct of a State Wage Case in 2008 maintaining the 12 month rule, it is the expectation of the parties that 1 September 2008 would be the appropriate date for implementation of the 2008 State Wage Case decision. 9 The LHMU accepted this proposition in settlement of the application. 10 I am satisfied that the agreement reached between the parties is consistent with the State Wage Case principles and the relevant provisions of the Industrial Relations Act 1996. 11 The Award is varied by consent of the parties in accordance with the attached Amended Schedule A. 12 I so determine. oo0oo

MISCELLANEOUS WORKERS KINDERGARTEN AND CHILD CARE CENTRES (STATE) AWARD 2006

Application by The Liquor, Hospitality and Miscellaneous Union, New South Wales Branch, industrial organisation of employees

Before Deputy President R. W. HARRISON 30th July 2007 (No. IRC 3608 of 2006)

Delete Table 1B, of Part B, Monetary Rates, of the award made on 7th March 2006 before the Full Bench in matters No. 5757/2004 & 6500/2004, and insert in lieu thereof the following:- 13 14 15 TABLE 1B Wages - Support Worker Classifications Increase Increase SWC 2007 a) Classification 7 March 2006 SWC 2006 New Weekly Rate 1st September 2007 New Weekly Rate 30th July 2007 Support Worker 529.40 $20.00 $549.40 $20.00 $569.40 Support Worker (Qualified Cook) 543.00 $20.00 $563.00 $20.00 $583.00

Delete Table 1C, of Part B, Monetary Rates, of the Award made on 7th March 2006 before the Full Bench in matters No. 5757/2004 & 6500/2004, and insert in lieu thereof the following:- " TABLE 1C NEW WAGES - CHILD CARE CLASSIFICATIONS IN LONG DAY CARE

Current Award Level Rate at 28th August 2005 SWC 2005 New Level Rate at 7/3/2006 Rate at 1/9/2006 Rate at 1/3/2007 Increase SWC 2006 $20.00 Rate at 30/7/2007 Increase SWC 2007 $20.00 Rate at 1/9/2007 Rate at 1/3/2008

Step Step 30/7/2007 1/9/2007 CCW 1 524.80 CCW 1 545.79 567.62 590.33 20.00 610.33 20.00 651.28651.28 CCW 2 529.40 CCW 2 550.58 572.60 595.50 20.00 615.50 20.00 656.65656.65 CCW 3 533.80 CCW 3 555.15 577.36 600.45 20.00 620.45 20.00 661.77661.77 CCW 4 538.40 CCW 4 559.94 582.33 605.63 20.00 625.63 20.00 667.12667.12

Certificate III CCW 2 529.40 CCW 5 550.58 572.60 595.50 20.00 615.50 20.00 659.32673.47 CCW 3 533.80 CCW 5 555.15 577.36 600.45 20.00 620.45 20.00 664.47673.47 CCW 4 538.40 CCW 5 559.94 582.33 605.63 20.00 625.63 20.00 669.85673.47

ACCW 1 549.30 ACCW 1 571.27 594.12 617.89 20.00 637.89 20.00 679.82679.82 ACCW 2 561.30 ACCW 2 583.75 607.10 631.39 20.00 651.39 20.00 693.90693.90 ACCW 3 572.20 ACCW 3 595.09 618.89 643.65 20.00 663.65 20.00 709.39716.00

Diploma ACCWQ 1 616.50 ACCWQ 1 641.16 666.81 687.94 20.00 707.94 20.00 727.94727.94 ACCWQ 2 625.60 ACCWQ 2 650.62 676.65 703.71 20.00 723.71 20.00 771.86802.12 ACCWQ 3 634.80 ACCWQ 3 660.19 686.60 714.06 20.00 734.06 20.00 782.63840.93

ACCWQ 3 634.80 ACCWQ 4 660.19 686.60 714.06 20.00 734.06 20.00 782.63882.78

Asst Co-ord ACCW 1 549.30 Asst Co-ord 571.27 594.12 617.89 20.00 637.89 20.00 682.60742.00 ACCW 2 561.30 Asst Co-ord 583.75 607.10 631.39 20.00 651.39 20.00 696.64742.00 ACCW 3 572.20 Asst Co-ord 595.09 618.89 643.65 20.00 663.65 20.00 709.39742.00

ACCWQ 1 616.50 Asst Co-ord Qual 641.16 666.81 693.48 20.00 713.48 20.00 761.22 902.40 ACCWQ 2 625.60 Asst Co-ord Qual 650.62 676.65 703.71 20.00 723.71 20.00 771.86 902.40 ACCWQ 3 634.80 Asst Co-ord Qual 660.19 686.60 714.06 20.00 734.06 20.00 782.63 902.40

Co-Ordinator Co-Ord Small 1 568.50 Co-ord OOSH L1 591.24 614.89 639.49 20.00 659.49 20.00 705.06794.96 Co-Ord Small 2 582.50 Co-ord OOSH L1 605.80 630.03 655.23 20.00 675.23 20.00 721.44794.96 Co-Ord Small 3 593.40 Co-ord OOSH L1 617.14 641.82 667.49 20.00 687.49 20.00 734.19794.96

Co-Ord Small 1 568.50 Co-Ord LDC L2 591.24 614.89 639.49 20.00 659.49 20.00 705.06814.48 Co-Ord Small 2 582.50 Co-Ord LDC L2 605.80 630.03 655.23 20.00 675.23 20.00 721.44814.48 Co-Ord Small 3 593.40 Co-Ord LDC L2 617.14 641.82 667.49 20.00 687.49 20.00 734.19814.48

Co-Ord Large 1 580.10 Co-Ord LDC L3 603.30 627.44 652.53 20.00 672.53 20.00 718.63841.29 Co-Ord Large 2 592.00 Co-Ord LDC L3 615.68 640.31 665.92 20.00 685.92 20.00 732.56841.29 Co-Ord Large 3 603.00 Co-Ord LDC L3 627.12 652.20 678.29 20.00 698.29 20.00 745.42841.29

Co-Ord Large 1 580.10 Co-Ord LDC L4 603.30 627.44 652.53 20.00 672.53 20.00 718.63874.87 Co-Ord Large 2 592.00 Co-Ord LDC L4 615.68 640.31 665.92 20.00 685.92 20.00 732.56874.87 Co-Ord Large 3 603.00 Co-Ord LDC L4 627.12 652.20 678.29 20.00 698.29 20.00 745.42874.87

Co-Ord Qualified Co-Ord Qual Sml 1 643.30 Co-Ord Qual OOSH 669.03 695.79 723.63 20.00 743.63 20.00 792.57 971.25 Co-Ord Qual Sml 2 652.40 Co-Ord Qual OOSH 678.50 705.64 733.86 20.00 753.86 20.00 803.22 971.25 Co-Ord Qual Sml 3 661.60 Co-Ord Qual OOSH 688.06 715.59 744.21 20.00 764.21 20.00 813.98 971.25

Co-Ord Qual Sml 1 643.30 Co-Ord Qual LDC L2 669.03 695.79 723.63 20.00 743.63 20.00 792.57990.77 Co-Ord Qual Sml 2 652.40 Co-Ord Qual LDC L2 678.50 705.64 733.86 20.00 753.86 20.00 803.22990.77 Co-Ord Qual Sml 3 661.60 Co-Ord Qual LDC L2 688.06 715.59 744.21 20.00 764.21 20.00 813.98990.77

Co-Ord Qual Lge 1 662.40 Co-Ord Qual LDC L3 688.90 716.45 745.11 20.00 765.11 20.00 814.911017.58 Co-Ord Qual Lge 2 671.50 Co-Ord Qual LDC L3 698.36 726.29 755.35 20.00 775.35 20.00 825.561017.58 Co-Ord Qual Lge 3 678.70 Co-Ord Qual LDC L3 705.85 734.08 763.45 20.00 783.45 20.00 833.981017.58

Co-Ord Qual Lge 1 662.40 Co-Ord Qual LDC L4 688.90 716.45 745.11 20.00 765.11 20.00 814.911051.16 Co-Ord Qual Lge 2 671.50 Co-Ord Qual LDC L4 698.36 726.29 755.35 20.00 775.35 20.00 825.561051.16 Co-Ord Qual Lge 3 678.70 Co-Ord Qual LDC L4 705.85 734.08 763.45 20.00 783.45 20.00 833.981051.16

Delete Table 1D, of Part B, Monetary Rates, of the Award made on 7th March 2006 before the Full Bench in matters No. 5757/2004 & 6500/2004, and insert in lieu thereof the following:-

" TABLE 1D NEW WAGES - CHILD CARE CLASSIFICATIONS IN PRE-SCHOOLS

Current Award Level Rate at 28th August 2005 SWC New Level Rate at 7/3/2006 Rate at 1/9/2006 Rate at 1/3/2007 Increase SWC 2006 $20.00 Rate at 30/7/2007 Increase SWC 2007 $20.00 Rate at 1/9/2007 Rate at 1/3/2008

Step Step CCW 1 524.80 CCW 1 545.79 567.62 587.77 20.00 607.77 20.00 627.77627.77 CCW 2 529.40 CCW 2 550.58 572.60 592.93 20.00 612.93 20.00 632.93632.93 CCW 3 533.80 CCW 3 555.15 577.36 597.86 20.00 617.86 20.00 637.86637.86 CCW 4 538.40 CCW 4 559.94 582.33 603.00 20.00 623.00 20.00 643.00643.00

Certificate III CCW 2 529.40 CCW 5 550.58 572.60 595.50 20.00 615.50 20.00 649.11649.11 CCW 3 533.80 CCW 5 555.15 577.36 600.45 20.00 620.45 20.00 649.11649.11 CCW 4 538.40 CCW 5 559.94 582.33 605.63 20.00 625.63 20.00 649.11649.11

ACCW 1 549.30 ACCW 1 571.27 594.12 615.21 20.00 635.21 20.00 655.21655.21 ACCW 2 561.30 ACCW 2 583.75 607.10 628.65 20.00 648.65 20.00 668.65668.65 ACCW 3 572.20 ACCW 3 595.09 618.89 643.65 20.00 663.65 20.00 690.00690.00

Diploma ACCWQ 1 616.50 ACCWQ 1 641.16 661.51 661.51 20.00 681.51 20.00 701.51701.51 ACCWQ 2 625.60 ACCWQ 2 650.62 676.65 703.71 20.00 723.71 20.00 771.86772.83 ACCWQ 3 634.80 ACCWQ 3 660.19 686.60 714.06 20.00 734.06 20.00 782.63810.12

ACCWQ 3 634.80 ACCWQ 4 660.19 686.60 714.06 20.00 734.06 20.00 782.63850.39

Asst Co-ord ACCW 1 549.30 Asst Co-ord 571.27 594.12 617.89 20.00 637.89 20.00 682.60715.00 ACCW 2 561.30 Asst Co-ord 583.75 607.10 631.39 20.00 651.39 20.00 696.64715.00 ACCW 3 572.20 Asst Co-ord 595.09 618.89 643.65 20.00 663.65 20.00 709.39715.00

ACCWQ 1 616.50 Asst Co-ord Qual 641.16 666.81 693.48 20.00 713.48 20.00 761.22 869.23 ACCWQ 2 625.60 Asst Co-ord Qual 650.62 676.65 703.71 20.00 723.71 20.00 771.86 869.23 ACCWQ 3 634.80 Asst Co-ord Qual 660.19 686.60 714.06 20.00 734.06 20.00 782.63 869.23

Co-Ordinator Co-Ord Small 1 568.50 Co-ord OOSH L1 591.24 614.89 639.49 20.00 659.49 20.00 705.06769.33 Co-Ord Small 2 582.50 Co-ord OOSH L1 605.80 630.03 655.23 20.00 675.23 20.00 721.44769.33 Co-Ord Small 3 593.40 Co-ord OOSH L1 617.14 641.82 667.49 20.00 687.49 20.00 734.19769.33

Co-Ord Small 1 568.50 Co-Ord Pre-Sch L2 591.24 614.89 639.49 20.00 659.49 20.00 705.06788.85 Co-Ord Small 2 582.50 Co-Ord Pre-Sch L2 605.80 630.03 655.23 20.00 675.23 20.00 721.44788.85 Co-Ord Small 3 593.40 Co-Ord Pre-Sch L2 617.14 641.82 667.49 20.00 687.49 20.00 734.19788.85

Co-Ord Large 1 580.10 Co-Ord Pre-Sch L3 603.30 627.44 652.53 20.00 672.53 20.00 718.63815.66 Co-Ord Large 2 592.00 Co-Ord Pre-Sch L3 615.68 640.31 665.92 20.00 685.92 20.00 732.56815.66 Co-Ord Large 3 603.00 Co-Ord Pre-Sch L3 627.12 652.20 678.29 20.00 698.29 20.00 745.42815.66

Co-Ord Large 1 580.10 Co-Ord Pre-Sch L4 603.30 627.44 652.53 20.00 672.53 20.00 718.63849.24 Co-Ord Large 2 592.00 Co-Ord Pre-Sch L4 615.68 640.31 665.92 20.00 685.92 20.00 732.56849.24 Co-Ord Large 3 603.00 Co-Ord Pre-Sch L4 627.12 652.20 678.29 20.00 698.29 20.00 745.42849.24

Co-Ord Qualified Co-Ord Qual Sml 1 643.30 Co-Ord Qual OOSH 669.03 695.79 723.63 20.00 743.63 20.00 792.57938.86 Co-Ord Qual Sml 2 652.40 Co-Ord Qual OOSH 678.50 705.64 733.86 20.00 753.86 20.00 803.22938.86 Co-Ord Qual Sml 3 661.60 Co-Ord Qual OOSH 688.06 715.59 744.21 20.00 764.21 20.00 813.98938.86

Co-Ord Qual Sml 1 643.30 Co-Ord Qual Pre-S L2 669.03 695.79 723.63 20.00 743.63 20.00 792.57958.38 Co-Ord Qual Sml 2 652.40 Co-Ord Qual Pre-S L2 678.50 705.64 733.86 20.00 753.86 20.00 803.22958.38 Co-Ord Qual Sml 3 661.60 Co-Ord Qual Pre-S L2 688.06 715.59 744.21 20.00 764.21 20.00 813.98958.38

Co-Ord Qual Lge 1 662.40 Co-Ord Qual Pre-S L3 688.90 716.45 745.11 20.00 765.11 20.00 814.91985.19 Co-Ord Qual Lge 2 671.50 Co-Ord Qual Pre-S L3 698.36 726.29 755.35 20.00 775.35 20.00 825.56985.19 Co-Ord Qual Lge 3 678.70 Co-Ord Qual Pre-S L3 705.85 734.08 763.45 20.00 783.45 20.00 833.98985.19

Co-Ord Qual Lge 1 662.40 Co-Ord Qual Pre-S L4 688.90 716.45 745.11 20.00 765.11 20.00 814.911018.77 Co-Ord Qual Lge 2 671.50 Co-Ord Qual Pre-S L4 698.36 726.29 755.35 20.00 775.35 20.00 825.561018.77 Co-Ord Qual Lge 3 678.70 Co-Ord Qual Pre-S L4 705.85 734.08 763.45 20.00 783.45 20.00 833.981018.77

Delete Table 2, of Part B, Monetary Rates, of the Award made on 7th March 2006 before the Full Bench in matters No. 5757/2004 & 6500/2004, and insert in lieu thereof the following:- 16 17 " TABLE 2 ADDITIONAL RATES AND ALLOWANCES FROM THE FIRST PAY PERIOD COMMENCING ON OR AFTER 30th July 2007 Item No. Clause No. Brief Description AMOUNT INCREASE SWC 2006 NEW AMOUNT INCREASE SWC 2007 NEW AMOUNT $ 30th July 1007 1st September 2007 1 10 (ii)(a) Broken Shift $53.15 4% $55.30 4% $57.50 per week

$10.61 $11.06 $11.50 per day 2 10 (ii)(b) Excess Fares $7.45 1.80% $7.60 3.40% $7.85 per week 3 10 (iii) Uniform: Laundry Allowance $4.15 2.80% $4.25 1.30% $4.30 per week

4 10 (iv) Cooks Uniforms: Laundry Allowance $6.50 2.80% $6.70 1.30% $6.80 per week

5 10 (vi)(a) Qualification Allowance Commercial Cookery $5.25 4% $5.45 4% $5.65 Basic Certificate per week 6 10 (vi)(b) Hotel & Restaurant Cookery Certificate $11.15 4% $11.60 4% $12.05 per week 7 12 (iv) Meal Money $5.95 3.20% $6.15 3.20% $6.35 per meal

Rate at 1/9/2006 Rate at 1/3/2007 Rate at 30/7/2007 Increase 2007 SWC 4% Rate at 1/9/2007 Rate at 1/3/2008 1st September 2007 Weekly $16.76 $17.43 $18.13 4% $19.61 $31.10 Daily $3.35 $3.49 $3.63 $3.92 $6.22

Delete Clause 9(i)(c) of the Award made on 7th March 2006 before the Full Bench in matters No. 5757/2004 & 6500/2004, and insert in lieu thereof the following:-

9(i)(c) The rates of pay in this award include the adjustments payable under the State Wage Case 2006 and State Wage Case 2007. These adjustments may be offset against: (i) any equivalent overaward payments, and/or

(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

This variation shall take effect from the beginning of the first full pay period to commence on or after 30th July 2007.

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

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Judgment (72 paragraphs)

Cases Cited (3)