MA000112 - Variation - 31 Jan 2014

MA000112  PR547349

FAIR WORK COMMISSION

DETERMINATION



Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 5,Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

Western Australian Local Government Association
(AM2012/20)

Australian Municipal,Administrative,Clerical and Services Union

(AM2012/130)

LOCAL GOVERNMENT INDUSTRY AWARD 2010
(ODN AM2008/89)  [MA000112]

Local government administration

COMMISSIONER CLOGHAN

PERTH,31 JANUARY 2014

Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years re:clauses 15,18,22,25.

[1] Further to the Decision and Reasons for Decision [2014] FWC 782 in AM2012/20 and AM2012/130,it is determined pursuant to Item 6(3),Part 2 of Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009,that the Local Government Industry Award 2010 be varied as follows.

Clause 15. Allowances

[2] Insert new subclause 15.4A as follows:

    “15.4A Camping allowance

        (a) An employee required to camp at the site of any work by direction of the employer or because no reasonable transport facilities are available to enable the employee to proceed to and from home each day will be paid a camping allowance of 115% of the standard rate per night as a camping allowance.

        (b) At the end of each working week the employee shall be allowed to return to the employee’s home and in such cases all the time reasonably required for travelling to and from the employee’s home shall be treated as time of duty in addition to the time of actual working.”

Clause 18. Higher Duties

[3] Delete subclause 18.2 and insert new subclauses 18.2 and 18.3 as follows:

    “18.2 Subject to subclause 18.3,higher duties will not be paid when the relieving employee is absent on leave or on a public holiday.

      18.3 (a) Where an employee performs higher duties and is in receipt of a higher hourly ordinary time rate of pay for three (3) continuous months or more immediately prior to commencing a period of paid annual leave or paid personal/carer’s leave the leave shall be paid at the higher hourly ordinary time rate of pay.

        (b) The amount of annual leave or personal/carer’s leave that is paid at the higher hourly ordinary time rate of pay shall be proportional to the amount of annual leave or personal/carer’s leave accrued whilst performing the higher duties work.”

Clause 22. Meal breaks

[4] Insert new subclause 22.3 as follows:

    “22.3 An employer may require an employee in the following roles or work areas to remain at their place of work during the meal break if a replacement employee is not reasonably available:

        a. Childcare services

        b. Recreation centres

        c. Tourism services

        d. Community services

        Provided that where the employee is required to perform work during their meal break the employee shall have their meal break extended so that they receive an unpaid meal break of at least 30 minutes in the aggregate.”

Clause 25. Annual leave

[5] Amend subclause 25.3 as follows:

    “25.3 Payment for annual leave

        Employees will be paid their hourly ordinary time rate of pay during periods of annual leave for the hours so taken.”

[6] The determination shall operate on and from 31 January 2014.

COMMISSIONER

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About this document
(1)
Code:
PR547349V
Title:
MA000112 - Variation - 31 Jan 2014
Effective:
31 Jan 2014
Updated:
3 Feb 2014
(0)
MA000112 - Variation - 31 Jan 2014
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