1. - TITLE
This award shall be known as the Aboriginal Medical Service Employees'
Award.
1B. - MINIMUM ADULT AWARD WAGE
(1) No adult employee 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 adult employees is $484.40
per week payable on and from 7th July 2005.
(3) The Minimum Adult Award Wage of $484.40 per week is deemed to include
all arbitrated safety net adjustments from State Wage Case decisions.
(4) Unless otherwise provided in this clause adults employed as casuals,
part time employees or pieceworkers 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) Juniors 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 of $484.40 per week.
(6) (a) 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.
(b) Liberty to apply is reserved in relation to any special categories
of employees not included here or otherwise in relation to the
application of the Minimum Adult Award Wage.
(7) 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.
(8) Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for
adult employees payable under the 2005 State Wage Case Decision. Any
increase arising from the insertion of the minimum adult award 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 adult
award wage.
(9) Adult Apprentices
(a) Notwithstanding the provisions of this clause, an apprentice, 21
years of age or over, shall not be paid less than $406.70 per week.
(b) The rate paid in paragraph (a) above 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 this award for an adult apprentice in force immediately prior
to 5th June 2003.
2. - ARRANGEMENT
1. Title
1B. Minimum Adult Award Wage
2. Arrangement
3. Area and Scope
4. Definitions
5. Contract of Employment
6. Hours of Duty, Overtime and On Call
7. Relieving
8. Annual Leave and Public Holidays
9. Long Service Leave
10. Sick Leave
11. Compassionate Leave
12. Maternity Leave
13. Study Leave and Orientation
14. Transport
15. Transfers and Distant Appointments
16. Accommodation
17. Part Time Employees and Casuals
18. Laundry and Uniforms
19. Payment of Wages
20. Time and Wages Records
21. Interviews and Notices
22. No Reduction
23. District Allowance
24. Outpost - Availability Allowance
24A. Bilingual Allowance
25. Special Leave
25A. Emergency Leave
26. Wages
27. Dispute Settling Mechanism
28. Award Modernisation and Enterprise Consultation
29. Review of Career Structure
Schedule A - Parties to the Award
Schedule B - Respondents
(Edit Note: The following appendix should have been included in
Order 130/96 delivered on 28/2/97,
Appendix - S.49B - Inspection Of Records Requirements)
3. - AREA AND SCOPE This award shall apply to any person employed by an Aboriginal Health or Medical Service in Western Australia, in any classification mentioned in Clause 26. - Wages of this award. This award shall have effect throughout the State of Western Australia.
4. - DEFINITIONS
(1) (a) Aboriginal Community Care Worker shall mean an employee who does
not possess any relevant qualification or possess any experience in health
care services. This employee will gain workplace experience and commence
training towards Certification level. The work may include but is not
limited to:
Aboriginal Health
Environmental Health
Aged Care
Counselling
Liaison
Mental Health
Alcohol Care/Rehabilitation
HACC
(b) Aboriginal Health Worker Grade 1 shall mean an employee who
possesses a relevant Certificate of which the course content is less
than 12 months duration in total. The work may include but is not
limited to:
Aboriginal Health
Environmental Health
Aged Care
Counselling
Liaison
Mental Health
Alcohol Care/Rehabilitation
HACC
(c) Aboriginal Health Worker Grade 2 shall mean an employee who
provides a broad range of direct primary health care services and is
able to work without direct supervision and/or an employee who
possesses a Certificate with Medication Certificate Grade 1 and/or
Advanced Certificate of which the course content covered a 12 month
period or equivalent, from an accredited education provider in a
relevant field, and/or is an Enrolled Nurse. The work may be, but is
not limited to:
Aboriginal Health
Environmental Health
Aged Care
Counselling
Liaison
Alcohol Care/Rehabilitation
HACC
(d) Aboriginal Health Worker Grade 3 shall mean an employee who has a
highly developed knowledge, skill and capacity for self directed
application and is involved in the delivery of primary care, and this
may involve supervision of others involved in primary care, and/or
possesses a degree by an accredited training provider in the field of
Aboriginal Health, and/or a Medication Certificate Grade 2. The work
may include but is not limited to:
Aboriginal Health
Environmental Health
HACC
Counselling
Health Promotion
HIV/STD Co-ordination
Health Education
Alcohol Rehabilitation
Mental Health Work
Nutritional Health
Such work shall be the provision of primary care or the supervision
of work of a manual or domestic nature or of primary care.
(e) Aboriginal Health Worker Grade 4, Level 1 shall mean an employee,
at a level higher than that at Health Worker Grade 3, who delivers
primary care in a specialist health service area which shall include
but is not limited to Mental Health, Health Promotion, Health
Education, Heart Health or Remote Area Health and who is required to
hold a qualification from an accredited training provider in the field
of Aboriginal Health.
(f) Aboriginal Health Worker Grade 4, Level 2 shall mean an employee
who is principally responsible for regional health co-ordination, or
the supervision of others delivering primary care in specific projects
and who is required to hold a qualification from an accredited
training provider in the field of Aboriginal health.
(g) The following or similar groups or classes or classifications,
however so called are exempted from coverage of this award: social
security officers; community services officers; welfare officers;
social workers; counsellors; community development officers; public
relations officers; craft workers and trainers; managers; advisers;
treasurers; accountants; secretaries; stenographers; typists; clerical
officer and clerical assistants; receptionists; telephonists;
bookkeepers; assistant bookkeepers; cashiers; office co-ordinators;
office supervisors; administrative officers; computer operators;
liaison officers, HACC Co-ordinators.
(2) Accrued Day Off means the paid day off accruing to an employee
resulting from an entitlement to the 38 hour week as prescribed in Clause
6. - Hours of Duty, Overtime and On Call, in this award.
(3) Union shall mean the Australian Liquor, Hospitality and Miscellaneous
Workers Union.
(4) HACC shall mean the Home and Community Care programs.
(5) Aboriginal Health Worker and Aboriginal Community Care Worker shall
mean any Aboriginal or Torres Strait Islander employee who is employed in
the delivery of primary care to clients of Aboriginal Medical Services,
excluding Registered Nurses and Medical Officers.
5. - CONTRACT OF EMPLOYMENT
(1) (a) The contract of employment shall be fortnightly and unless
otherwise mutually agreed by the parties shall be terminable by the giving
of two weeks' notice by either party to the other or the payment or
forfeiture, as the case may be, of wages for any time by which the two
weeks is diminished.
(b) Nothing in this clause shall prevent the termination of service
instantly by the employer due to the misconduct of the employee and in
such case payment of wages shall be made up to the time of dismissal.
(c) Where a dismissal takes place the employee shall be provided with
the reasons for dismissal in writing.
(d) Notwithstanding the foregoing a person employed as a casual in
accordance with Clause 17. - Part Time Employees and Casuals of this
award shall be employed on an hourly contract of employment which may
be terminable by the giving of one hour's notice by either party to
the other or the payment or forfeiture, as the case may be, of one
hour's wages. The minimum period of employment of a casual employee
shall be two hours.
(2) Employees engaged to work in schools and who are not required to work
during term holidays shall nevertheless be deemed employed continuously
for the purposes of Clause 9. - Long Service Leave of this award and
incremental wage adjustments.
(3) The employer may direct an employee to carry out such duties as are
within the limits of the employee's skill, competence and training
consistent with the classification structure of this award, provided that
such duties are not designed to promote de-skilling.
6. - HOURS OF DUTY, OVERTIME AND ON CALL
(1) Subject to subclauses (3), (5) and (6) of this clause, 38 hours shall
constitute a week's work to be worked between the hours of 8.00 am and
6.00 pm, Monday to Friday inclusive, and no day shall exceed eight hours
without the payment of overtime.
(2) Subject to the provisions of subclause (2) of Clause 7. - Relieving of
this award, work performed at the direction of the employer outside the
spread of hours in subclause (1) of this clause or in addition to the
daily hours or on a Saturday or Sunday shall be paid or compensated for as
hereunder:
(a) 1.5 times the ordinary rate for the first two hours and double time
thereafter on any day Monday to Friday inclusive.
(b) Double time on a Saturday or Sunday.
(c) In lieu of making payment in accordance with paragraphs (a) and (b)
and by agreement between the employer and the employee concerned, time
off proportionate to the payment to which the employee is entitled may
be taken at a time convenient to the employer, provided that such time
off is in unbroken periods, according to each period of overtime
worked.
(3) Where climatic conditions or the hours of duty are such that it is
desirable to work outside the spread of hours set out in subclause (1)
hereof, an employee and the employer may agree to such variations of the
spread of hours as is considered appropriate in which case overtime shall
only be computed on the time worked in excess of the ordinary daily hours.
(4) (a) For the purpose of this award an employee is on call when directed
by the employer to remain at such a place as will enable the employer to
readily contact the employee during the hours when they are not otherwise
on duty. In so determining the place at which the employee shall remain,
the employer may require that place to be within a specified radius from
their place of employment.
(b) An employee shall be paid $3.20 for each hour or part thereof they
are on call. Provided that payment in accordance with this paragraph
shall not be made with respect to any period for which payment is made
in accordance with the overtime provisions of this award when the
employee is recalled to work.
(c) If the usual means of contact between the employer and the employee
on call is a telephone and if the employee pays or contributes towards
the payment of the rental of such telephone the employer shall pay the
employee an amount being a proportion of the telephone rental
calculated on the basis that for each seven days on which the employee
is required to be on call the employer shall pay the employee 1/52nd
of the annual rental paid by the employee.
(d) Notwithstanding the other provisions of this subclause, where the
employer and the Union agree in writing, other arrangements may be
made for compensation of on call work.
(5) The provisions of this clause shall not apply to employees subject to
Clause 24. - Outpost - Availability Allowance of this award.
(6) (a) The ordinary hours of duty shall be an average of 38 per week with
the hours actually worked being 40 per week or 80 per fortnight to be
worked eight hours per day on any five days of the week or 10 days of the
fortnight.
Except where provided elsewhere, the ordinary hours shall be worked
with two hours of each week's work accruing as an entitlement to a
maximum of 12 accrued days off in each 12 month period. The
accrued days off shall be taken in a minimum period of one week
made up of five consecutive accrued days off in conjunction with a
period of annual leave or at a time mutually acceptable to the
employer and the employee.
(b) By agreement between the Union and an employer the ordinary hours
of an employee, in lieu of the provisions of subclause (1) hereof, may
be worked:
(i) Within a 20 day, four week cycle, with 0.4 of an hour of each
day worked accruing as an entitlement to take the 20th day in each
cycle as an accrued day off.
(ii) Within a 10 day, two week cycle, with an adjustment to hours
worked to enable 76 hours to be worked over nine days of the two
week cycle and an entitlement to take the 10th day in each cycle
as an accrued day off.
(c) An employer and employee may, by agreement, substitute the accrued
day off the employee is to take off for another day in which case the
accrued day off shall become an ordinary working day.
(d) The spread of hours in any one day shall not exceed 10 hours
provided where conditions are such that the employer requires
employees to work outside of the spread of hours the employee and the
employer may agree to such variations of the spread of hours as is
considered appropriate in which case overtime shall only be computed
on the time worked in excess of the ordinary working hours as
prescribed in subclause (1) of this clause.
(e) Meal breaks shall not be less than 30 minutes and shall not be
counted as time worked. Provided that where an employee is called on
duty during a meal time the period worked shall be counted in the
ordinary working hours of duty.
(f) The provisions of this clause apply to a part time employee in the
same proportion as the hours normally worked bear to a full time
employee. In circumstances where less than 16 hours per week are
worked an employer may pay an employee for all hours actually worked
at an hourly rate based on a 38 hour week in lieu of accrual of
accrued days off.
(g) A roster for accrued days off may allow an employee to take accrued
days off before they become due.
(h) Any dispute between an employer and the Union concerning the
operation of this clause shall be referred to the Western Australian
Industrial Relations Commission.
7. - RELIEVING
(1) An employee required to perform on any one day, two or more classes of
work, to which differential rates are applicable, shall be paid in respect
of the whole time during which the employee works on that day, at the
highest rate fixed in respect of any such classes of work.
(2) An employee temporarily transferred to a class of work for which a
lower rate is paid, shall not suffer any reduction in salary.
(3) An employee engaged principally for the purpose of relieving as and
where directed by the employer shall be allowed exceed travelling time
where any relieving requires the employee to travel beyond the
metropolitan area. The employer may require that such excess time be added
to the usual daily hours by paying for such time at ordinary time rate.
8. - ANNUAL LEAVE AND PUBLIC HOLIDAYS
(1) (a) Subject to the provisions of this clause each employee shall be
entitled to four weeks' leave with payment of ordinary wages after each 12
months' continuous service.
(b) A loading of 18.75% shall be paid in addition to the ordinary wage
payable under subclause (a) of this clause.
(c) An employee may, with the approval of the employer, be allowed to
take the annual leave prescribed by this clause before the completion
of 12 months' continuous service as prescribed by subclause (a) of
this clause.
(d) If, after one months' continuous employment, an employee lawfully
terminates their employment or their employment is terminated by the
employer through no fault of the employee, the employee shall be paid
2.92 hours' pay (at the rate prescribed by paragraphs (a) and (b)
hereof) in respect of each completed week of continuous service for
which annual leave has not already been taken.
(e) If the service of an employee terminates and the employee has taken
a period of leave in accordance with paragraph (c) of subclause (1) of
this clause, and if the period of leave so taken exceeds that which
would become due pursuant to paragraph (a) of subclause (1) of this
clause, the employee shall be liable to pay the amount representing
the difference between the amount received by them for the period of
leave taken in accordance with paragraph (c) of subclause (1) of this
clause and the amount which would have accrued in accordance with
paragraph (a) of subclause (1) of this clause. The employer may deduct
this amount from monies due to the employee by reason of the other
provisions of this award at the time of termination.
(f) The annual leave prescribed in subclause (1) of this clause may, by
consent between the employer and the employee, be taken in portions,
including single days off.
(g) When computing the annual leave due under this clause, no deduction
shall be made from such leave in respect of the period an employee is
on long service leave, annual leave, absence through sickness, with or
without pay, except for that portion of an absence that exceeds three
months, or absent on workers' compensation, except for that portion of
an absence that exceeds six months.
(h) The leave of an employee shall not accumulate except with the
consent of the employee and in no case shall it accumulate for more
than two years.
(i) Before going on annual leave each employee shall be given at
least two weeks' notice of the date leave is to be taken, unless
the employee and the employer agree on a lesser period.
(2) (a) The following days or the days observed in lieu thereof shall be
allowed as holidays with pay: New Year's Day, Australia Day, Labour Day,
Good Friday, Easter Monday, Anzac Day, Foundation Day, Queen's Birthday,
Christmas Day, Boxing Day and a National Aborigines Day.
(b) In any branch or department of the services covered by this award
where the clerical and administrative staff observe additional
holidays with pay, such days shall be allowed to the employees covered
by this award as holidays with pay. The provisions of this paragraph
shall not apply where the employee is required to maintain a service
to other employees of a respondent to this award.
(c) Where an employee is required by the employer to work on any of the
foregoing days, payment for the time worked shall be at the rate of
2.5 times the ordinary rate or, alternatively, and by agreement
between the employer and the employee concerned, payment at the rate
of 1.5 times with equivalent time to that worked being taken off at a
time convenient to the employer.
(3) Employees employed in any location delineated by subclauses (4), (5) or
(6) of Clause 23. - District Allowance shall be entitled to an additional
week of leave with payment at ordinary rate.
(4) The provisions of this clause shall not apply to casual employees.
9. - LONG SERVICE LEAVE
(1) The provisions of the long service leave conditions applicable to state
government wages employees as contained at 66 WAIG 319 shall apply to
employees covered by this award with the exception that on and from the
1st day of July 1985 long service leave for the second and subsequent
period of service shall accrue at the rate of 13 weeks' leave for seven
years of continuous service.
(2) Any qualifying service prior to 1 July 1985 for the second period of
long service leave shall be calculated on a 10 year qualifying period
basis but all qualifying service after 1 July 1985 shall be calculated on
a seven year qualifying period basis.
(3) When an employee proceeds on long service leave there will be no
accrual towards an accrued day off as prescribed in subclauses (1) and (2)
of Clause 6. - Hours of Duty, Overtime and On Call of this award.
(4) Any long service leave accumulated as at 1 January 1985 shall be
adjusted in hours in the ratio of 38 to 40.
10. - SICK LEAVE
(1) The unused portion of the entitlement prescribed in paragraph (a) of
subclause (1) above in any accruing year shall be allowed to accumulate
and may be availed of in the next or any succeeding year.
(2) (a) An employee shall be entitled to payment for non attendance on the
ground of personal ill health or injury for 1/6th 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 to a greater allowance than that made at the time the
sickness occurred.
(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 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 their 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 he/she 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 their
place of residence or a hospital as a result of their personal ill
health or injury for a period of seven consecutive days or more and
they produce a certificate from a registered medical practitioner that
they 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 he/she is unable to
attend for work on the working day next following their annual leave.
(c) Replacement of paid annual leave by paid sick leave shall not
exceed the period of paid sick leave to which the employee was
entitled at the time they proceeded on annual leave and shall not be
made with respect to fractions of a day.
(d) Where paid sick leave has been granted by the employer in
accordance with paragraphs (a), (b) and (c) of this subclause, that
portion of the annual leave equivalent to the paid sick leave is
hereby replaced by the paid sick leave and the replaced annual leave
may be taken at another time mutually agreed to by the employer and
the employee's next period of annual leave or, if termination occurs
before then, be paid for in accordance with the provisions of Clause
8. - Annual Leave and Public Holidays.
(e) Payment for replaced annual leave shall be at the rate of wage
applicable at the time the leave is subsequently taken provided that
the annual leave loading prescribed in Clause 8. - Annual Leave and
Public Holidays shall be deemed to have been paid with respect to the
replaced annual leave and holidays.
(6) The provisions of this clause with respect to payment do not apply to
employees who are entitled to payment under the Workers' Compensation and
Assistance Act 1981.
(7) The provisions of this clause do not apply to casual employees.
11. - COMPASSIONATE LEAVE
(1) An employee shall, on the death within Australia of a spouse, de-facto
spouse, parent, parent-in-law, brother, sister, child, stepchild,
grandparent or grandchild, be entitled, on notice, of leave up to and
including the day of the funeral of such relation and such leave shall be
without deduction of pay for a period not exceeding the number of hours
worked by the employee in two ordinary working days. Proof of such death
shall be furnished by the employee to the satisfaction of his/her employer.
(2) Provided that payment in respect of compassionate leave is to be made
only where the employee otherwise would have been on duty and shall not be
granted in any case where the employee concerned would have been off duty
in accordance with his/her roster, or on long service leave, annual leave,
sick leave, workers' compensation, leave without pay or on a public
holiday.
12. - MATERNITY LEAVE
(1) Eligibility for Maternity Leave
An employee who becomes pregnant shall, upon production to her employer
of a certificate from a duly qualified medical practitioner stating
the presumed date of her confinement, be entitled to maternity leave
provided that she has had not less than 12 months' continuous service
with that employer immediately preceding the date upon which she
proceeds upon such leave.
For the purposes of this clause:
(a) An employee shall include a part-time employee but shall not
include an employee engaged upon casual or seasonal work.
(b) Maternity leave shall mean unpaid maternity leave.
(2) Period of Leave and Commencement of Leave
(a) Subject to subclauses (3) and (6) hereof, the period of maternity
leave shall be for an unbroken period of from 12 to 52 weeks and shall
include a period of six weeks' compulsory leave to be taken
immediately before the presumed date of confinement and a period of
six weeks' compulsory leave to be taken immediately following
confinement. This compulsory period can be shortened by agreement
between the employer and employee.
(b) An employee shall, not less than 10 weeks prior to the presumed
date of confinement, give notice in writing to her employer stating
the presumed date of confinement.
(c) An employee shall give not less than four weeks' notice in writing
to her employer of the date upon which she proposes to commence
maternity leave, stating the period of leave to be taken.
(d) An employee shall not be in breach of this order as a consequence
of failure to give the stipulated period of notice in accordance with
paragraph (c) hereof if such failure is occasioned by the confinement
occurring earlier than the presumed date.
(3) Transfer to a Safe-Job
Where in the opinion of a duly qualified medical practitioner, illness
or risks arising out of the pregnancy or hazards connected with the
work assigned to the employee make it inadvisable for the employee to
continue at her present work, the employee shall, if the employer
deems it practicable, be transferred to a safe job at the rate and on
the conditions attaching to that job until the commencement of
maternity leave.
If the transfer to a safe job is not practicable, the employee may, or
the employer may require the employee to, take leave for such period
as is certified necessary by a duly qualified medical practitioner.
Such leave shall be treated as maternity leave for the purposes of
subclauses (7), (8), (9) and (10) hereof.
(4) Variation of Period of Maternity Leave
(a) Provided the addition does not extend the maternity leave beyond 52
weeks, the period may be lengthened once only, save with the agreement
of the employer, by the employee giving not less than 14 days' notice
in writing stating the period by which the leave is to be lengthened.
(b) The period of leave may, with the consent of the employer, be
shortened by the employee giving not less than 14 days' notice in
writing stating the period by which the leave is to be shortened.
(5) Cancellation of Maternity Leave
(a) Maternity leave, applied for but not commenced, shall be cancelled
when the pregnancy of an employee terminates other than by the birth
of a living child.
(b) Where the pregnancy of an employee then on maternity leave
terminates other than by the birth of a living child, it shall be the
right of the employee to resume work at a time nominated by the
employer which shall not exceed four weeks from the date of notice in
writing by the employee to the employer that she desires to resume
work.
(6) Special Maternity Leave and Sick Leave
(a) Where the pregnancy of an employee not then on maternity leave
terminates after 28 weeks other than by the birth of a living child
then -
(i) she shall be entitled to such period of unpaid leave (to be
known as special maternity leave) as a duly qualified medical
practitioner certifies as necessary before her return to work; or
(ii) for illness other than the normal consequences of confinement
she shall be entitled, either in lieu of or in addition to special
maternity leave, to such paid sick leave as to which she is then
entitled and which a duly qualified medical practitioner certifies
as necessary before her return to work.
(b) Where an employee not then on maternity leave suffers illness
related to her pregnancy, she may take such paid sick leave as to
which she is then entitled and such further unpaid leave (to be known
as special maternity leave) as a duly qualified medical practitioner
certifies as necessary before her return to work, provided that the
aggregate of paid sick leave, special maternity leave and maternity
leave shall not exceed 52 weeks.
(c) For the purposes of subclauses (7), (8) and (9) hereof, maternity
leave shall include special maternity leave.
(d) An employee returning to work after the completion of a period of
leave taken pursuant to this subclause shall be entitled to the
position which she held immediately before proceeding on such leave
or, in the case of an employee who was transferred to a safe job
pursuant to subclause (3), to the position she held immediately before
such transfer.
Where such position no longer exists but there are other positions
available, for which the employee is qualified and the duties of
which she is capable of performing, she shall be entitled to a
position as nearly comparable in status and salary or wage to that
of her former position.
(7) Maternity Leave and Other Leave Entitlements
Provided the aggregate of leave including leave taken pursuant to
subclauses (3) and (6) hereof does not exceed 52 weeks:
(a) An employee may, in lieu of or in conjunction with maternity leave,
take any annual leave or long service leave or any part thereof to
which she is then entitled.
(b) Paid sick leave or other paid authorised award absences (excluding
annual leave or long service leave), shall not be available to an
employee during her absence on maternity leave.
(8) Effect of Maternity Leave on Employment
Notwithstanding any award, or other provision to the contrary, absence
on maternity leave shall not break the continuity of service of an
employee but shall not be taken into account in calculating the period
of service for any purpose of the award.
(9) Termination of Employment
(a) An employee on maternity leave may terminate her employment at any
time during the period of leave by notice given in accordance with
this award.
(b) An employer shall not terminate the employment of an employee on
the ground of her pregnancy or of her absence on maternity leave, but
otherwise the rights of an employer in relation to termination of
employment are not hereby affected.
(10) Return to Work After Maternity Leave
(a) An employee shall confirm her intention of returning to her work by
notice in writing to the employer given not less than four weeks prior
to the expiration of her period of maternity leave.
(b) An employee, upon the expiration of the notice required by
paragraph (a) hereof, shall be entitled to the position which she held
immediately before proceeding on maternity leave or, in the case of an
employee who was transferred to a safe job pursuant to subclause (3),
to the position which she held immediately before such transfer. Where
such position no longer exists but there are other positions available
for which the employee is qualified and the duties of which she is
capable of performing, she shall be entitled to a position as nearly
comparable in status and salary or wage to that of her former position.
(11) Replacement Employees
(a) A replacement employee is an employee specifically engaged as a
result of an employee proceeding on maternity leave.
(b) Before an employer engages a replacement employee under this
subclause, the employer shall inform that person of the temporary
nature of the employment and of the rights of the employee who is
being replaced.
(c) Before an employer engages a person to replace an employee
temporarily promoted or transferred in order to replace an employee
exercising her rights under this clause, the employer shall inform
that person of the temporary nature of the promotion or transfer and
of the rights of the employee who is being replaced.
(d) Provided that nothing in this subclause shall be construed as
requiring an employer to engage a replacement employee.
(e) A replacement employee shall not be entitled to any of the rights
conferred by this clause except where her employment continues beyond
the twelve months' qualifying period.
13. - STUDY LEAVE AND ORIENTATION
(1) For the purposes of this clause, study leave shall mean leave to attend
courses or seminars approved by the employer which are designed to enhance
the employee's knowledge and skills relative to the employer's service. It
shall also include courses developed and conducted by the employer and
referred to herein as in service courses.
Orientation shall mean a period of duty time allocated to a new
employee for the purpose of familiarising that employee with the
service requirements of the employer.
(2) Employees attending in service courses shall be paid for such time and
shall be reimbursed all expenses incurred by their attendances thereof.
(3) Applications for leave to attend external courses shall be considered
on their individual merits.
Where it can be shown that the operation of the health care site will
not be unduly inconvenienced and that undertaking such a course will
benefit client care at the health care site, then the application
shall be approved.
Employees should have completed six months' service before becoming
entitled to the provisions of this clause. However, the employer may
grant such leave at any time for the purposes of necessarily improving
health care offered to clients.
The costs associated with such courses shall be borne by the employer
up to a maximum of two weeks' wages.
(4) A newly appointed employee shall not be required to take up a position
without adequate supervised orientation.
14. - TRANSPORT
(1) No employee shall be required to provide and maintain a vehicle for the
purposes of the employer's business however, where there is an agreement
between the employer and employee to the use of the employee's vehicle an
allowance shall by paid in accordance with the agreement or award relating
to officers of the Public Service.
(2) Full time or part time employees employed in any location referred to
in paragraphs 3., 4., 5., and 6. of subclause (2) of Clause 23. - District
Allowance of the Award, shall be entitled to:
(a) in the case of full time employees, 38 hours annual leave in
addition to that prescribed in Clause 8. - Annual Leave and Public
Holidays or in the case of part time employees one week's annual leave
in addition to that prescribed in Clause 8. - Annual Leave and Public
Holidays, calculated on the basis of average weekly number of hours
worked over the previous 12 months, and
(b) one return economy class air ticket to Perth per annum, or, by
agreement between the employer and the employee, the equivalent in
money of one return economy class airfare to Perth, provided that the
employee shall receive such air ticket or money as the case may be,
before the employee commences leave.
(c) An entitlement under this subclause not exercised by an employee in
any year, shall only accrue from one year to the next, and be
exercisable in any subsequent year by agreement between the employer
and the employee provided that where in any year the employer and the
employee have not agreed when the employee is to take his/her leave
under paragraph (a) of this subclause or entitlement under paragraph
(b) of this subclause, the employer is not to refuse the employee
taking, at any time suitable to the employee, such entitlements under
this clause subject to the employee giving to the employer at least 4
weeks notice.
(d) Nothing in this award shall be deemed to prevent an employee using
accrued entitlements as set out in paragraph (c) of this subclause for
members of that employees family.
15. - TRANSFERS AND DISTANT APPOINTMENTS
(1) An employee, other than one engaged as a reliever, who is required to
transfer to an area necessitating the taking up of alternative residence
shall, where practicable, be given not less than four weeks' notice of
such requirement.
The employer shall be required to pay the cost incurred in moving the
employee's necessary household effects or alternatively may arrange
the transport of such effects.
(2) (a) An employee who is transferred at the request of the employer from
one place to another shall be entitled to economy travelling accommodation
between the places of transfer and to full payment of wages during the
time of leaving duty and taking up his/her new duties.
(b) Where an employee wishes to use his/her own vehicle to give effect
to a transfer by the employer and the employer approves he/she shall
be paid the equivalent of the entitlement in paragraph (a) above.
(3) A reasonable amount of time shall be allowed to an employee to prepare
for a transfer including establishment in the new premises.
16. - ACCOMMODATION
(1) The employer shall provide suitable furnished accommodation for any
employees appointed to an area where it is impracticable for these
employees to return to their usual place of abode each day.
(2) All reasonable attempts shall be made by the employer to ensure that
each employee's privacy is preserved and except where it is impracticable
or where the employee otherwise agrees, shared accommodation shall be
avoided.
(3) Employees who are accommodated in hospital quarters shall be subject to
the provisions of the Public Hospitals Board and Lodging Award No. 16 of
1978. Other accommodation charges shall not exceed those determined by the
Government Employees Housing Authority.
17. - PART TIME EMPLOYEES AND CASUALS
(1) (a) Notwithstanding anything contained herein, an employer shall be at
liberty to employ part time employees.
(b) A part time employee means an employee engaged on a fortnightly
contract of service who regularly works less than 38 hours per week.
(c) Such employees shall receive the rate of wage specified in this
award as is proportionate to the time worked without payment of casual
rates.
(d) Part time employees shall be allowed sick leave and annual leave in
accordance with the provisions of this award, only in the proportion
which their weekly hours of duty bear to 38 hours.
(2) (a) An employee employed for a period of less than two weeks shall be
deemed a casual employee and be paid an additional 20% of the ordinary
wages specified in this award for his/her class of work.
(b) If a casual employee is still required at the end of two weeks,
he/she may be re-employed as a casual with payment in accordance with
paragraph (a) above for another two weeks.
(c) Casual employees shall not be entitled to be paid for public
holidays on which they are not required to work, nor shall they be
entitled to the provisions of Clause 8. - Annual Leave and Public
Holidays or Clause 10. - Sick Leave.
(d) The minimum period of engagement of a casual shall be three hours
per day.
18. - LAUNDRY AND UNIFORMS
(1) The employer shall provide all uniforms which shall at all times remain
the property of the employer. Provided that in lieu of providing uniforms
the employer may pay an allowance of $4.05 per week, and the employee
shall wear uniforms which conform to the uniform stipulated by the
employer with respect to material, colour, pattern and conditions. Where
the employer does not require the employee to wear a uniform no allowance
shall be payable.
(2) Each employee shall be entitled to all reasonable laundry work at the
expense of the employer, but where the employer elects not to launder the
uniforms the employee shall be paid an allowance of $2.15 per week.
19. - PAYMENT OF WAGES
(1) Wages shall be paid weekly or fortnightly at the option of the employer
and no employee shall be required to wait beyond the appointed time for
payment of wages without payment for such time at ordinary rates, unless
the delay is beyond the employer's control.
(2) No unauthorised deduction will be made from any employee's wages.
(3) On each pay day an employee, in respect of the payment then due, shall
be furnished with a statement in writing, either on or in the pay
envelope, containing the following particulars, viz: name, the amount of
ordinary wage, the total number of hours of overtime worked (if any), the
amount of any overtime payment, the amount of any other monies paid and
the purposes for which they are paid, and the amount of the deductions
made from total earnings and the nature thereof. Where a machine system
which precludes the inclusion of all of the foregoing details is used, the
employer shall supply to any employee so requesting such details not
included with her wages.
20. - TIME AND WAGES RECORDS
(1) The employer shall maintain a record of the hours worked and the
payment made for such work to each employee and shall also record all
details relevant to an employee's sick leave, annual leave and long
service leave entitlements.
(2) The records shall, upon reasonable notice of not less than 24 hours
being given, be open for inspection at the office of the employer
concerned by an accredited representative of the Union.
21. - INTERVIEWS AND NOTICES
(1) An accredited representative of the Union shall, on notification to the
employer, be entitled to interview employees on the employer's premises at
reasonable times.
(2) If the Union so requests, a copy of this award shall be made available
in a place where it may be conveniently and readily seen by every employee
concerned. The Union may also post thereat such other notices relating to
union matters as are reasonable.
22. - NO REDUCTION No employee covered by this award shall suffer any reduction or derogation of any conditions applicable to their employment.
23. - DISTRICT ALLOWANCE
(1) For the purposes of this clause the following terms shall have the
following meaning:
Dependent in relation to an employee means:
(a) a spouse; or
(b) where there is no spouse, a child or any other relative resident
within the State who relies on the employee for their main support;
who does not receive a district or location allowance of any kind.
Partial Dependent in relation to an employee means:
(a) a spouse; or
(b) where there is no spouse, a child or any other relative resident
within the State who relies on the employee for their main support;
who receives a district or location allowance of any kind less than
that applicable to an employee without dependants under any award,
agreement or other provision regulating the employment of the
partial dependant.
Spouse means an employee's spouse including de facto spouse.
De facto Spouse means a person of the opposite sex to the employee
who lives with the employee as the husband or wife of the employee
on a bona fide domestic basis, although not legally married to
that person.
(2) For the purpose of this clause, the boundaries of the various districts
shall be as described hereunder:
District:
1. The area within a line commencing on coast; thence east along
latitude 28 to a point north of Tallering Peak; thence due south to
Tallering Peak; thence southeast to Mt Gibson and Burracoppin; thence
to a point southeast at the junction of latitude 32 and longitude 119;
thence south along longitude 119 to coast.
2. That area within a line commencing on the south coast at longitude
119 then east along the coast to longitude 123; then north along
longitude 123 to a point on latitude 30; thence west along latitude 30
to the boundary of No. 1 District.
3. The area within a line commencing on coast at latitude 26; thence
along latitude 26 to longitude 123; thence south along longitude 123
to the boundary of No. 2 District.
4. The area within a line commencing on the coast at latitude 24;
thence east to the South Australian border; thence south to the coast;
thence along the coast to longitude 123; thence north to the
intersection of latitude 26; thence west along latitude 26 to the
coast.
5. That area of the State situated between the latitude 24 and a line
running east from Carnot Bay to the Northern Territory border.
6. That area of the State north of a line running east from Carnot Bay
to the Northern Territory border.
(3) An employee shall be paid a district allowance at the standard rate
prescribed in Column II of subclause (6) of this clause, for the district
in which the employee's headquarters is located. Provided that where the
employee's headquarters is situated in a town or place specified in Column
III of subclause (6), the employee shall be paid a district allowance at
the rate appropriate to that town or place as prescribed in Column IV of
subclause (6).
(4) An employee who has a dependant shall be paid double the district
allowance prescribed by subclause (3) of this clause for, the district,
town or place in which the employee's headquarters is located.
(5) Where an employee has a partial dependant the total district allowance
payable to the employee shall be the district allowance prescribed by
subclause (3) of this clause plus an allowance equivalent to the
difference between the rate of district or location allowance the partial
dependant would receive if he or she was employed in a full time capacity
under the Award, Agreement or other provision regulating the employment of
the partial dependant.
(6) The weekly rate of District Allowance payable to employees pursuant to
subclause (3) of this clause shall be as follows:
+-----------+-------+--------------+------------------+-----------+
| COLUMN I | COLUMN II | COLUMN III | COLUMN IV |
+-----------+-------+--------------+------------------+-----------+
| | | | |
+-----------+-------+--------------+------------------+-----------+
| DISTRICT |STANDARD RATE | EXCEPTIONS TO | RATE |
+-----------+-------+--------------+------------------+-----------+
| | | STANDARD RATE | |
+-----------+-------+--------------+------------------+-----------+
| | | | |
+-----------+-------+--------------+------------------+-----------+
| | $ per week |Town or Place |$ per week |
+-----------+-------+--------------+------------------+-----------+
| | | | |
+-----------+-------+--------------+------------------+-----------+
| 6 | 66.93 |Nil | Nil |
+-----------+-------+--------------+------------------+-----------+
| | | | |
+-----------+-------+--------------+------------------+-----------+
| 5 | 54.71 |Fitzroy Crossing | 73.61 |
+-----------+-------+--------------+------------------+-----------+
| | |Halls Creek | |
+-----------+-------+--------------+------------------+-----------+
| | |Turner River Camp | |
+-----------+-------+--------------+------------------+-----------+
| | |Nullagine | |
+-----------+-------+--------------+------------------+-----------+
| | | | |
+-----------+-------+--------------+------------------+-----------+
| | |Liveringa | 68.55 |
| | |(Camballin) | |
+-----------+-------+--------------+------------------+-----------+
| | |Marble Bar | |
+-----------+-------+--------------+------------------+-----------+
| | |Wittenoom | |
+-----------+-------+--------------+------------------+-----------+
| | | | |
+-----------+-------+--------------+------------------+-----------+
| | |Karratha | 64.55 |
+-----------+-------+--------------+------------------+-----------+
| | | | |
+-----------+-------+--------------+------------------+-----------+
| | |Port Hedland | 59.90 |
+-----------+-------+--------------+------------------+-----------+
| | | | |
+-----------+-------+--------------+------------------+-----------+
| 4 | 27.54 |Warburton Mission | 74.26 |
+-----------+-------+--------------+------------------+-----------+
| | | | |
+-----------+-------+--------------+------------------+-----------+
| | |Carnarvon | 25.93 |
+-----------+-------+--------------+------------------+-----------+
| | | | |
+-----------+-------+--------------+------------------+-----------+
| 3 | 17.40 |Meekatharra | 27.54 |
+-----------+-------+--------------+------------------+-----------+
| | |Mount Magnet | |
+-----------+-------+--------------+------------------+-----------+
| | |Wiluna | |
+-----------+-------+--------------+------------------+-----------+
| | |Laverton | |
+-----------+-------+--------------+------------------+-----------+
| | |Leonora | |
+-----------+-------+--------------+------------------+-----------+
| | |Cue | |
+-----------+-------+--------------+------------------+-----------+
| | | | |
+-----------+-------+--------------+------------------+-----------+
| 2 | 12.34 |Kalgoorlie | 4.11 |
+-----------+-------+--------------+------------------+-----------+
| | |Boulder | |
+-----------+-------+--------------+------------------+-----------+
| | | | |
+-----------+-------+--------------+------------------+-----------+
| | |Ravensthorpe | 16.45 |
+-----------+-------+--------------+------------------+-----------+
| | |Norseman | |
+-----------+-------+--------------+------------------+-----------+
| | |Salmon Gums | |
+-----------+-------+--------------+------------------+-----------+
| | |Marvel Loch | |
+-----------+-------+--------------+------------------+-----------+
| | |Esperance | |
+-----------+-------+--------------+------------------+-----------+
| | | | |
+-----------+-------+--------------+------------------+-----------+
| 1 | Nil |Nil | Nil |
+-----------+-------+--------------+------------------+-----------+
| | | | | |
+-----------+-------+--------------+------------------+-----------+
| | | | | |
+-----------+-------+--------------+------------------+-----------+
| | | | | |
+-----------+-------+--------------+------------------+-----------+
(Note: In accordance with subclause (4) of this clause
employees with dependants shall be entitled to double the rate
of district allowance shown).
The allowances prescribed in this subclause shall operate
from the beginning of the first pay period commencing on
or after 11 March 2005.
(7) When an employee is on approved annual recreation leave, the employee
shall for the period of such leave, be paid the district allowance to
which the employee would ordinarily be entitled.
(8) When an employee is on long service leave or other approved leave with
pay (other than annual recreational leave), the employee shall only be
paid district allowance for the period of such leave if the employee,
dependants or partial dependants remain in the district in which the
employee's headquarters is situated.
(9) When an employee leaves his or her district on duty, payment of any
district allowance to which the employee would ordinarily be entitled
shall cease after the expiration of two weeks unless the employee's
dependant/s or partial dependant/s remain in the district or as otherwise
approved by the employer.
(10) Except as provided in subclause (9) of this clause, a district
allowance shall be paid to any employee ordinarily entitled thereto in
addition to reimbursement of any travelling transfer or relieving expenses
or camping allowance.
(11) Where an employee whose headquarters is located in a district in
respect of which no allowance is prescribed in subclause (6) of this
clause, is required to travel or temporarily reside for any period in
excess of one month in any district or districts in respect of which such
allowance is so payable, the employee shall be paid for the whole of such
period a district allowance at the appropriate rate pursuant to subclauses
(3), (4) or (5) of this clause, for the district in which the employee
spends the greater period of time.
(12) When an employee is provided with free board and lodging by the
employer or a public Authority the allowance shall be reduced to
two-thirds of the allowance the employee would ordinarily be entitled to
under this clause.
(13) An employee who is employed on a part-time basis shall be entitled to
district allowance on a pro-rate basis. The allowance shall be determined
by calculating the hours worked by the employee as a proportion of the
full-time hours prescribed by the Award under which the employee is
employed. That proportion of the appropriate district allowance shall be
payable to the employee.
(14) The rates expressed in subclause (6) of this clause shall be adjusted
every twelve (12) months ending on December 31 in accordance with the
official Consumer Price Index for Perth as published by the Australian
Bureau of Statistics.
The adjustment of rates shall be effective from the beginning of the
first pay period to commence on or after the first day of January each
year.
24. - OUTPOST - AVAILABILITY ALLOWANCE
(1) Where an employee is transferred to work at any of the locations as
prescribed in the groups listed in subclause (8) then the following
provisions shall apply:
+--------+----------------------------------------------------------+
| Group |Provisions applying |
+--------+----------------------------------------------------------+
| 4 |An allowance of $90.05 per week plus four weeks' special |
| |leave per annum |
+--------+----------------------------------------------------------+
| 3 |An allowance of $67.40 per week plus two weeks' special |
| |leave per annum. |
+--------+----------------------------------------------------------+
| 2 |An allowance of $44.95 per week plus two weeks' special |
| |leave per annum |
+--------+----------------------------------------------------------+
| 1 |An allowance of $44.95 per week. |
+--------+----------------------------------------------------------+
(2) The allowance provided for in subclause (1) of this clause is not
payable during any leave as provided for in this award and is only payable
to the employee actually performing the duties at the outpost at any given
time.
(3) The allowance is to be calculated on a pro rata basis for periods of
less than a week's duration.
(4) Special leave shall be in addition to leave provided for in Clause 8. -
Annual Leave and Holidays but shall not attract leave loading as provided
for in paragraph (b) of subclause (1) of Clause 8. - Annual Leave and
Holidays.
(5) Special leave as provided in this clause shall be taken at a time
convenient to the employer and shall not accumulate beyond each six
months' service and is to be calculated where applicable on a pro rata
basis for periods of less than 12 months' duration. Provided that the pro
rata leave entitlement shall be calculated having regard for completed
calendar weeks of service at the nursing outpost only.
(6) An employee entitled to the payment of an allowance and special leave
in accordance with this clause shall not be entitled to payment for
overtime or on call in accordance with Clause 6. - Hours of Duty, Overtime
and On Call of this award for the period of duty at the outpost.
(7) Deleted.
(8) For the purposes of subclause (1) of this clause the following shall be
the prescribed groups:
+----------+--------------+
|Group 4 - |Balgo Hills |
+----------+--------------+
| |Cundeelee |
+----------+--------------+
| |Jigalong |
+----------+--------------+
| |Kalumburu |
+----------+--------------+
| |Nookenbah |
+----------+--------------+
| |Oombulgurri |
+----------+--------------+
| |Turkey Creek |
+----------+--------------+
| |Warburton |
+----------+--------------+
| |Wiluna |
+----------+--------------+
| | |
+----------+--------------+
|Group 3 - |Beagle Bay |
+----------+--------------+
| |La Grange |
+----------+--------------+
| |One Arm Point |
+----------+--------------+
| | |
+----------+--------------+
|Group 2 - |Lombardina |
+----------+--------------+
| |Looma |
+----------+--------------+
| |Yandeyarra |
+----------+--------------+
| | |
+----------+--------------+
|Group 1 - |Nullagine |
+----------+--------------+
| |Cervantes |
+----------+--------------+
| |Bremer Bay |
+----------+--------------+
| |Lake Varley |
+----------+--------------+
The determination of classifications and the inclusion and deletion of
outposts within these groups is at the discretion of the employer and
may be varied from time to time by agreement with the Union.
24A. - BILINGUAL ALLOWANCE
(1) Bilingual shall mean a recognised proficiency in English as well as any
one of the Aboriginal or Torres Strait Islander languages.
(2) In recognition of the increased effectiveness and productivity of
bilingual employees, if an employee is required during the course of
employment or as part of his/her duties to apply skills within subclause
(1) of this clause, the employee who shall be competently bilingual shall
be paid an allowance of:
Level 1 - $1290.85 per annum.
Level 1 is an elementary level. This level of accreditation is
appropriate for employees who are capable of using a minimal knowledge
of language for the purpose of simple communication.
Level 2 - $2583.06 per annum.
Level 2 represents a level of ability for the ordinary purposes of
general business, conversation, reading and writing.
(3) The amounts contained in subclause (2) of this clause represent the
total possible amount an employee could be paid in one year. The bilingual
allowance is payable weekly or fortnightly according to Clause 19. -
Payment of Wages.
(4) This allowance shall be paid to part time employees on a pro rata basis.
25. - SPECIAL LEAVE Special Leave, with pay, may be granted to an employee for attendant at ceremonial activities or on local council business. 25A. - EMERGENCY LEAVE An employer may, under exceptional circumstances, grant leave to an employee on such terms and conditions as the employer, exercising their discretion sees fit. An employer may grant leave without pay after a period of 12 months service to an employee for a maximum period of 12 months.
26. - WAGES
The minimum weekly rate of wage payable to employees covered by this award
shall include the base rate plus the arbitrated safety net adjustments
expressed hereunder:
+----+----+----------------------------+----------+------------+----------+
| | | |Base Rate | Arbitrated |Total Per |
| | | | Per Week | Safety Net | Week |
| | | | |Adjustments | |
| | | | $ | Per Week | $ |
| | | | | | |
| | | | | $ | |
+----+----+----------------------------+----------+------------+----------+
| | | | | | |
+----+----+----------------------------+----------+------------+----------+
|(1) |(a) |Aboriginal Community Care | | | |
| | |Worker | | | |
+----+----+----------------------------+----------+------------+----------+
| | |1st six months of employment| 383.70 | 159.00 | 542.70 |
+----+----+----------------------------+----------+------------+----------+
| | |2nd six months of employment| 388.20 | 159.00 | 547.20 |
+----+----+----------------------------+----------+------------+----------+
| | |2nd year of employment | 397.00 | 159.00 | 556.00 |
+----+----+----------------------------+----------+------------+----------+
| | |3rd year of employment | 405.50 | 159.00 | 564.50 |
+----+----+----------------------------+----------+------------+----------+
| | | | | | |
+----+----+----------------------------+----------+------------+----------+
| |(b) |Aboriginal Health Worker | | | |
| | |Grade 1 | | | |
+----+----+----------------------------+----------+------------+----------+
| | |1st year of employment | 409.80 | 159.00 | 568.80 |
+----+----+----------------------------+----------+------------+----------+
| | |2nd year of employment | 414.20 | 159.00 | 573.20 |
+----+----+----------------------------+----------+------------+----------+
| | |3rd year of employment | 423.40 | 161.00 | 584.40 |
+----+----+----------------------------+----------+------------+----------+
| | |5th year of employment | 437.06 | 161.00 | 598.06 |
+----+----+----------------------------+----------+------------+----------+
| | | | | | |
+----+----+----------------------------+----------+------------+----------+
|(2) | |Aboriginal Health Worker | | | |
| | |Grade 2 | | | |
+----+----+----------------------------+----------+------------+----------+
| | |1st year of employment | 437.06 | 161.00 | 598.06 |
+----+----+----------------------------+----------+------------+----------+
| | |2nd year of employment | 457.77 | 161.00 | 618.77 |
+----+----+----------------------------+----------+------------+----------+
| | |3rd year of employment | 477.90 | 159.00 | 636.90 |
+----+----+----------------------------+----------+------------+----------+
| | |4th year of employment | 512.90 | 159.00 | 671.90 |
+----+----+----------------------------+----------+------------+----------+
| | |6th year of employment | 537.40 | 159.00 | 696.40 |
+----+----+----------------------------+----------+------------+----------+
| | |8th year of employment | 561.40 | 159.00 | 720.40 |
+----+----+----------------------------+----------+------------+----------+
| | | | | | |
+----+----+----------------------------+----------+------------+----------+
|(3) | |Aboriginal Health Worker | | | |
| | |Grade 3 | | | |
+----+----+----------------------------+----------+------------+----------+
| | |1st year of employment | 512.90 | 159.00 | 671.90 |
+----+----+----------------------------+----------+------------+----------+
| | |2nd year of employment | 537.40 | 159.00 | 696.40 |
+----+----+----------------------------+----------+------------+----------+
| | |3rd year of employment | 561.40 | 159.00 | 720.40 |
+----+----+----------------------------+----------+------------+----------+
| | |5th year of employment | 570.40 | 159.00 | 729.40 |
+----+----+----------------------------+----------+------------+----------+
| | |6th year of employment | 603.84 | 159.00 | 762.84 |
+----+----+----------------------------+----------+------------+----------+
| | |8th year of employment | 650.40 | 157.00 | 807.40 |
+----+----+----------------------------+----------+------------+----------+
| | | | | | |
+----+----+----------------------------+----------+------------+----------+
|(4) |(a) |Aboriginal Health Workers | | | |
| | |Grade 4 | | | |
+----+----+----------------------------+----------+------------+----------+
| | |Level 1 | | | |
+----+----+----------------------------+----------+------------+----------+
| | |1st year of employment | 650.40 | 157.00 | 807.40 |
+----+----+----------------------------+----------+------------+----------+
| | |2nd year of employment | 675.40 | 155.00 | 830.40 |
+----+----+----------------------------+----------+------------+----------+
| | |3rd year of employment | 706.90 | 155.00 | 861.90 |
+----+----+----------------------------+----------+------------+----------+
| | |4th year of employment | 766.78 | 155.00 | 921.78 |
+----+----+----------------------------+----------+------------+----------+
| | |6th year of employment | 805.12 | 155.00 | 960.12 |
+----+----+----------------------------+----------+------------+----------+
| | | | | | |
+----+----+----------------------------+----------+------------+----------+
| |(b) |Aboriginal Health Worker | | | |
| | |Grade 4 | | | |
+----+----+----------------------------+----------+------------+----------+
| | |Level 2 | | | |
+----+----+----------------------------+----------+------------+----------+
| | |1st year of employment | 706.90 | 155.00 | 861.90 |
+----+----+----------------------------+----------+------------+----------+
| | |2nd year of employment | 766.78 | 155.00 | 921.78 |
+----+----+----------------------------+----------+------------+----------+
| | |3rd year of employment | 805.12 | 155.00 | 960.12 |
+----+----+----------------------------+----------+------------+----------+
| | |5th year of employment | 865.38 | 155.00 | 1020.38 |
+----+----+----------------------------+----------+------------+----------+
| | | | | | |
+----+----+----------------------------+----------+------------+----------+
(5) Junior Employees: Junior employees shall receive the following
percentage of the 1st year rate:
+------------------------+-------+
| | % |
+------------------------+-------+
|Under 17 years of age | 73 |
+------------------------+-------+
|Under 18 years of age | 81 |
+------------------------+-------+
|Under 19 years of age | 87 |
+------------------------+-------+
(6) (a) The ordinary rate of wage prescribed in subclause (1) hereof shall
be increased by $11.10 per week when a registered enrolled nurse has
obtained a post basic certificate approved by the Nurses Board of Western
Australia and he/she is required to use the knowledge gained in that
certificate as part of his/her employment.
(b) The ordinary rate of wage prescribed in subclause (1) hereof shall
be increased by $8.90 per week when a registered enrolled nurse
becomes proficient to do work deemed extraordinary by the employer or
the Western Australian Industrial Relations Commission.
(c) The on call allowance shall be paid to health workers for each on
call period they are rostered to.
(7) Any employee who has passed the examination for registration prescribed
by the Nurses Board of Western Australia shall, for the purposes of this
clause, be deemed to be an enrolled nurse.
(8) Supervisory Allowance
A health worker Grade 1 or Grade 2 who is appointed to supervise other
employees and to be responsible for the operation of a clinic, health
unit or outpost shall be paid an hourly allowance based on the
ordinary wage prescribed for the classification in which they are
employed increased by 4.5%.
(9) Where an enrolled nurse is engaged as a health worker and that enrolled
nurse wishes to maintain their enrolled nurse registration, the employer
shall provide work in a nursing situation each year to enable them to
maintain their registration with their nurses' board.
(10) Specialist Allowance
Where a health worker is performing specialist duties, for example has
responsibility for a special project or program, which require
independent application of a high level of theoretical or specialist
knowledge, that health worker shall be paid an allowance equal to 7%
of the Aboriginal Health Worker Grade 4 Level 1, 1st year of
employment for the period that worker is exercising those skills.
+-----+-----------------------------+---------+-----------+--------+
| | |Base Rate|Arbitrated | Total |
| | | | | |
| | |Per Week |Safety Net |Per Week|
| | | | | |
| | | $ |Adjustments| $ |
| | | | | |
| | | | Per Week | |
| | | | | |
| | | | $ | |
+-----+-----------------------------+---------+-----------+--------+
| | | | | |
+-----+-----------------------------+---------+-----------+--------+
|(11) |Gardener | | | |
+-----+-----------------------------+---------+-----------+--------+
| |1st year of employment | 374.60 | 159.00 | 533.60 |
+-----+-----------------------------+---------+-----------+--------+
| |2nd year of employment | 379.60 | 159.00 | 538.60 |
+-----+-----------------------------+---------+-----------+--------+
| |3rd year of employment and | 383.80 | 159.00 | 542.80 |
| |thereafter | | | |
+-----+-----------------------------+---------+-----------+--------+
| | | | | |
+-----+-----------------------------+---------+-----------+--------+
|(12) |Domestic | | | |
+-----+-----------------------------+---------+-----------+--------+
| |1st year of employment | 374.60 | 159.00 | 533.60 |
+-----+-----------------------------+---------+-----------+--------+
| |2nd year of employment | 379.60 | 159.00 | 538.60 |
+-----+-----------------------------+---------+-----------+--------+
| |3rd year of employment and | 383.80 | 159.00 | 542.80 |
| |thereafter | | | |
+-----+-----------------------------+---------+-----------+--------+
| | | | | |
+-----+-----------------------------+---------+-----------+--------+
|(13) |Cook | | | |
+-----+-----------------------------+---------+-----------+--------+
| |1st year of employment | 394.90 | 159.00 | 553.90 |
+-----+-----------------------------+---------+-----------+--------+
| |2nd year of employment | 399.20 | 159.00 | 558.20 |
+-----+-----------------------------+---------+-----------+--------+
| |3rd year of employment and | 403.30 | 159.00 | 562.30 |
| |thereafter | | | |
+-----+-----------------------------+---------+-----------+--------+
| | | | | |
+-----+-----------------------------+---------+-----------+--------+
|(14) |Driver of Motor Vehicle | | | |
| |(under 1.2 tonnes) | | | |
+-----+-----------------------------+---------+-----------+--------+
| |1st year of employment | 394.80 | 159.00 | 553.80 |
+-----+-----------------------------+---------+-----------+--------+
| |2nd year of employment | 398.60 | 159.00 | 557.60 |
+-----+-----------------------------+---------+-----------+--------+
| |3rd year of employment and | 401.70 | 159.00 | 560.70 |
| |thereafter | | | |
+-----+-----------------------------+---------+-----------+--------+
| | | | | |
+-----+-----------------------------+---------+-----------+--------+
|(15) |Driver of Motor Vehicle | | | |
| |(exceeding 1.2 tonnes | | | |
| |capacity but not exceeding 3 | | | |
| |tonnes capacity) | | | |
+-----+-----------------------------+---------+-----------+--------+
| |1st year of employment | 399.10 | 159.00 | 558.10 |
+-----+-----------------------------+---------+-----------+--------+
| |2nd year of employment | 402.80 | 159.00 | 561.80 |
+-----+-----------------------------+---------+-----------+--------+
| |3rd year of employment and | 406.00 | 159.00 | 565.00 |
| |thereafter | | | |
+-----+-----------------------------+---------+-----------+--------+
| | | | | |
+-----+-----------------------------+---------+-----------+--------+
|(16) |Bus Driver (under 25 | | | |
| |passengers) | | | |
+-----+-----------------------------+---------+-----------+--------+
| |1st year of employment | 401.20 | 159.00 | 560.20 |
+-----+-----------------------------+---------+-----------+--------+
| |2nd year of employment | 404.90 | 159.00 | 563.90 |
+-----+-----------------------------+---------+-----------+--------+
| |3rd year of employment and | 408.10 | 159.00 | 567.10 |
| |thereafter | | | |
+-----+-----------------------------+---------+-----------+--------+
| | | | | |
+-----+-----------------------------+---------+-----------+--------+
|(17) |Storeperson (Grade 1) | | | |
+-----+-----------------------------+---------+-----------+--------+
| |1st year of employment | 388.90 | 159.00 | 547.90 |
+-----+-----------------------------+---------+-----------+--------+
| |2nd year of employment | 392.80 | 159.00 | 551.80 |
+-----+-----------------------------+---------+-----------+--------+
| |3rd year of employment and | 396.20 | 159.00 | 555.20 |
| |thereafter | | | |
+-----+-----------------------------+---------+-----------+--------+
| | | | | |
+-----+-----------------------------+---------+-----------+--------+
(18) Leading hands shall be paid the ordinary wage prescribed for the
classification in which they are employed increased by:
+----+------------------------------------------+----------+
| | | Per Week |
| | | |
| | | $ |
+----+------------------------------------------+----------+
|(a) |When in charge of not less than 3 and not | 17.69 |
| |more than 10 other employees | |
+----+------------------------------------------+----------+
| | | |
+----+------------------------------------------+----------+
|(b) |When in charge of more than 10 and not | 26.44 |
| |more than 20 other employees | |
+----+------------------------------------------+----------+
| | | |
+----+------------------------------------------+----------+
|(c) |When in charge of more than 20 other | 35.20 |
| |employees | |
+----+------------------------------------------+----------+
(19) The rates of pay in this award include arbitrated safety net
adjustments available since December 1993, under the Arbitrated Safety Net
Adjustment Principle.
These arbitrated safety net adjustments may be offset against any
equivalent amount in the rate of pay received by employees since 1
November 1991 above the rate prescribed in the Award, except where
such absorption is contrary to the terms of an industrial agreement.
Increases in rates of pay otherwise made under the State Wage Case
Principles, excepting those resulting from enterprise agreements, are
not to be used to offset arbitrated safety net adjustments.
(20) Where the term year of employment has been used in this clause, it
shall mean all service whether full time or part time and shall include
service of an equivalent nature in any Aboriginal Health Organisation.
Such service shall be calculated in periods of calendar years from the
date of commencement of work with the employer and by automatic
progression subject to satisfactory service.
(21) When an employee transfers from one grade or level to another, the
employee shall be placed at the next highest rate of pay from the wage
they were previously receiving and subclause (20) of this clause shall not
apply in these circumstances.
27. - DISPUTE SETTLING MECHANISM
(1) The parties to this Award recognise the traditional customs and nature
of the Aboriginal community controlled health services, and insofar as
they are consistent with the Industrial Relations Act, shall attempt to
use Aboriginal lore as a means of settling disputes which might arise.
In the event that such means do not settle the dispute, either party
may apply to the Western Australian Industrial Relations Commission to
determine the matter provided that with effect from 22 November 1997
it is required that persons involved in the question, dispute or
difficulty shall confer among themselves and make reasonable attempts
to resolve questions, disputes or difficulties before taking those
matters to the Commission.
(2) (a) This Appendix is inserted into the award/industrial agreement as a
result of legislation which came into effect on 16 January 1996
(Industrial Relations Legislation Amendment and Repeal Act 1995) and
further varied by legislation which came into effect on 23 May 1997
(Labour Relations Legislation Amendment Act 1997).
(b) Any dispute, question or difficulty arising under this award may be
subject to (1).
(c) Any settlement reached which is contrary to the terms of this award
shall not have effect unless or until that conflict is resolved.
28. - AWARD MODERNISATION AND ENTERPRISE CONSULTATION
(1) The parties to this award are committed to co-operating positively to
increase the efficiency and productivity of the industry, and to enhance
the career opportunities and job security of employees in the industry.
(2) At each service a consultative mechanism may be established by the
employer, or shall be established upon request by the employees or their
Union. The consultative mechanism and procedure shall be appropriate to
the size, structure and needs of that service and shall be agreed between
the employer and the Union.
(3) Where a consultative committee is established, it will be free to
address any matter which is consistent with the objectives of subclause
(1) of this clause. Where matters addressed concern award provisions then
the Union shall be notified and invited to attend consultative committees.
(4) Discussions that take place will have regard to the following
requirements:
(a) the changes sought shall not affect provisions reflecting State
standards;
(b) the majority of employees affected by the change at the service
must genuinely agree to the change;
(c) any agreement shall not, in the context of a total package, provide
for a set of conditions of a lesser standard than that provided by the
award and no employee shall have a lesser income as a result of the
conditions provided for in such agreement;
(d) the Union must be a party to any agreement which affects the wages
and/or conditions of employment of employees;
(e) neither the Union nor the employer shall unreasonably oppose any
agreement;
(f) any agreement relating to award matters shall be subject to
approval by the Western Australian Industrial Relations Commission
and, if approved, shall operate as a schedule to this award and take
precedence over any provision of this award to the extent of any
inconsistency;
(g) if agreement cannot be reached on a particular issue, then the
matter may be referred to the Western Australian Industrial Relations
Commission for determination.
29. - REVIEW OF CAREER STRUCTURE The parties agree to review the Career Structure as set out in Clause 4. - Definitions and Clause 26. - Wages, with a view to ensuring that the structure remains relevant to the enterprises and meets the career aspirations of the employees. The parties agree that the review/s will be conducted jointly.
SCHEDULE A - PARTIES TO THE AWARD The following organisation is a party to this award: The Australian Liquor, Hospitality and Miscellaneous Workers Union, Western Australian Branch.
SCHEDULE B - RESPONDENTS Broome Regional Aboriginal Medical Service Anne Street (Cnr Dora Street) BROOME WA 6725 Carnarvon Medical Service Aboriginal Corporation P.O. Box 278 CARNARVON WA 6701 East Kimberley Aboriginal Medical Service P.O. Box 622 KUNUNURRA WA 6743 Geraldton Regional Aboriginal Medical Service P.O. Box 1689 GERALDTON WA 6530 Kalgoorlie Aboriginal Services P.O. Box 713 KALGOORLIE WA 6430 Kimberley Aboriginal Medical Service Council 640 Dora Street BROOME WA 6725 Mawarnkurra Medical Service P.O. Box 59 ROEBOURNE WA 6718 Ngaanyatjarra Health Service P.O. Box 2189 ALICE SPRINGS WA 5750 Ngangganwili Medical Service P.M.B. WILUNA WA 6646 Derbarl Yerrigan Health Service 156 Wittenoom Street EAST PERTH WA 6004 Yura Yungi Medical Service P.O. Box 116 HALLS CREEK WA 6770
APPENDIX - S.49B - INSPECTION OF RECORDS REQUIREMENTS
(1) Where this award, order or industrial agreement empowers a
representative of an organisation of employees party to this award, order
or industrial agreement to inspect the time and wages records of an
employee or former employee, that power shall be exercised subject to the
Industrial Relations (General) Regulations 1997 (as may be amended from
time to time) and the following:
(a) The employer may refuse the representative access to the records
if: -
(i) the employer is of the opinion that access to the records by
the representative of the organisation would infringe the privacy
of persons who are not members of the organisation; and
(ii) the employer undertakes to produce the records to an
Industrial Inspector within 48 hours of being notified of the
requirement to inspect by the representative.
(b) The power of inspection may only be exercised by a representative
of an organisation of employees authorised for the purpose in
accordance with the rules of the organisation.
(c) Before exercising a power of inspection, the representative shall
give reasonable notice of not less than 24 hours to an employer.
V A R I A T I O N R E C O R D +-----------+------------------+-----------+------------+---------------+ | ABORIGINAL MEDICAL SERVICE EMPLOYEES' AWARD | +-----------+------------------+-----------+------------+---------------+ | | +-----------+------------------+-----------+------------+---------------+ | *No. A 26 of 1987* | +-----------+------------------+-----------+------------+---------------+ | | +-----------+------------------+-----------+------------+---------------+ | Delivered 08/02/88 at 68 WAIG 387 | +-----------+------------------+-----------+------------+---------------+ | S93(6) Consolidation 11/4/2000 at 80 WAIG 1986 | +-----------+------------------+-----------+------------+---------------+ |*CLAUSE |*EXTENT OF |*ORDER NO.*|*OPERATIVE |*GAZETTE | |NO.* |VARIATION* | |DATE* |REFERENCE* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*1. Title* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |(1A. State Wage Principles) | +-----------+------------------+-----------+------------+---------------+ | |Ins. Cl. |1752/91 |31/01/92 |72 WAIG 191 | +-----------+------------------+-----------+------------+---------------+ | |Cl. & Title |1457/93 |24/12/93 |74 WAIG 198 | +-----------+------------------+-----------+------------+---------------+ |(1A. State Wage Principles December 1993) | +-----------+------------------+-----------+------------+---------------+ | |Cl. & Title |985/94 |30/12/94 |75 WAIG 23 | +-----------+------------------+-----------+------------+---------------+ |(1A. Statement of Principles December 1994) | +-----------+------------------+-----------+------------+---------------+ | |Cl. & Title |1164/95 |21/03/96 |76 WAIG 911 | +-----------+------------------+-----------+------------+---------------+ |(1A. Statement of Principles March 1996) | +-----------+------------------+-----------+------------+---------------+ | |Cl & Title |915/96 |7/08/96 |76 WAIG 3368 | +-----------+------------------+-----------+------------+---------------+ |(1A. Statement of Principles - August 1996) | +-----------+------------------+-----------+------------+---------------+ | |Cl & Title |940/97 |14/11/97 |77 WAIG 3177 | +-----------+------------------+-----------+------------+---------------+ |(1A. Statement of Principles - November 1997) | +-----------+------------------+-----------+------------+---------------+ | |Cl & Title |757/98 |12/06/98 |78 WAIG 2579 | +-----------+------------------+-----------+------------+---------------+ |(1A. Statement of Principles - June, 1998) | +-----------+------------------+-----------+------------+---------------+ | |Del Cl |609/99 |06/07/99 |79 WAIG 1847 | +-----------+------------------+-----------+------------+---------------+ | | +-----------+------------------+-----------+------------+---------------+ |*1B. Minimum Adult Award Wage* | +-----------+------------------+-----------+------------+---------------+ | |Ins. 1B |940/97 |14/11/97 |77 WAIG 3177 | +-----------+------------------+-----------+------------+---------------+ | |Cl. |1101/98 |17/07/98 |79 WAIG 86 | +-----------+------------------+-----------+------------+---------------+ | |New rate & text |609/99 |01/08/99 |79 WAIG 1847 | +-----------+------------------+-----------+------------+---------------+ | |Cl |654/00 |01/08/00 |80 WAIG 3379 | +-----------+------------------+-----------+------------+---------------+ | |Cl |752/01 |01/08/01 |81 WAIG 1721 | +-----------+------------------+-----------+------------+---------------+ | |Cl. |797/02 |01/08/02 |82 WAIG 1369 | +-----------+------------------+-----------+------------+---------------+ | |Cl. |569/03 |5/06/03 |83 WAIG 1899 & | | | | | |1932 | +-----------+------------------+-----------+------------+---------------+ | |(9) |1197/03 |1/11/03 |83 WAIG 3537 | +-----------+------------------+-----------+------------+---------------+ | |Cl |570/04 |4/06/04 |84 WAIG 1521 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ | |Cl. |576/05 |07/07/05 |85 WAIG 2083 & | | | | | |2104 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*2. Arrangement* | +-----------+------------------+-----------+------------+---------------+ | |Ins. 2A. |963/88 |16/12/88 |69 WAIG 549 | +-----------+------------------+-----------+------------+---------------+ | |Del. 2A. |1940/89 |08/09/89 |69 WAIG 2913 | +-----------+------------------+-----------+------------+---------------+ | |Cl. |1377/89(R) |10/01/90 |70 WAIG 349 | +-----------+------------------+-----------+------------+---------------+ | |Ins. 1A |1752/91 |31/01/92 |72 WAIG 191 | +-----------+------------------+-----------+------------+---------------+ | |Del. 2A.; Ins. 28.|122/90(R2) |01/07/92 |72 WAIG 2038 | | | |& 1393/91 | | | +-----------+------------------+-----------+------------+---------------+ | |Del. Sch. Resp. |566/93 |04/05/93 |73 WAIG 1928 | | |Ins. Sch A Sch. B | | | | +-----------+------------------+-----------+------------+---------------+ | |1A. Title |1457/93 |24/12/93 |74 WAIG 198 | +-----------+------------------+-----------+------------+---------------+ | |1A. Title |985/94 |30/12/94 |75 WAIG 23 | +-----------+------------------+-----------+------------+---------------+ | |1A. Title |1164/95 |21/03/96 |76 WAIG 911 | +-----------+------------------+-----------+------------+---------------+ | |Ins. Appendix - |694/96 |16/07/96 |76 WAIG 2789 | | |S.49B... | | | | +-----------+------------------+-----------+------------+---------------+ | |1A. Title |915/96 |07/08/96 |76 WAIG 3368 | +-----------+------------------+-----------+------------+---------------+ | |Cl. |130/96 |14/02/97 |77 WAIG 753 | +-----------+------------------+-----------+------------+---------------+ | |Ins. 1A |940/97 |14/11/97 |77 WAIG 3177 | +-----------+------------------+-----------+------------+---------------+ | |Ins. 1B |940/97 |14/11/97 |77 WAIG 3177 | +-----------+------------------+-----------+------------+---------------+ | |1A |757/98 |12/06/98 |78 WAIG 2579 | +-----------+------------------+-----------+------------+---------------+ | |Del. 1A |609/99 |06/07/99 |79 WAIG 1847 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |(2A. State Wage Principles - September, 1988) | +-----------+------------------+-----------+------------+---------------+ | |Ins. Cl. |963/88 |16/12/88 |69 WAIG 549 | +-----------+------------------+-----------+------------+---------------+ | |Deleted |1940/89 |08/09/89 |69 WAIG 2913 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |(2A. State Wage Principles - September 1989) | +-----------+------------------+-----------+------------+---------------+ | |Ins. Cl. |1377/89(R) |10/01/90 |70 WAIG 349 | +-----------+------------------+-----------+------------+---------------+ | |Del. Cl. |122/90(R2) |01/07/92 |72 WAIG 2038 | | | |&1393/91 | | | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*3. Area and Scope* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*4. Definitions* | +-----------+------------------+-----------+------------+---------------+ | |Cl. |130/96 |14/02/97 |77 WAIG 753 | +-----------+------------------+-----------+------------+---------------+ | |Cl. |2040/98 |19/12/02 |83 WAIG 89 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*5. Contract of Employment* | +-----------+------------------+-----------+------------+---------------+ | |Ins. (3) |122/90(R2) |01/07/92 |72 WAIG 2038 | | | |&1393/91 | | | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*6. Hours of Duty, Overtime and On Call* | +-----------+------------------+-----------+------------+---------------+ | |(4)(b) |1024/01 |08/01/02 |82 WAIG 230 | +-----------+------------------+-----------+------------+---------------+ | |(4)(b) |999/02 |28/01/03 |83 WAIG 468 | +-----------+------------------+-----------+------------+---------------+ | |(4)(b) |676/03 |11/3/05 |85 WAIG 1086 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*7. Relieving* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*8. Annual Leave and Public Holidays* | +-----------+------------------+-----------+------------+---------------+ | |(1)(f) |1377/89(R) |10/01/90 |70 WAIG 349 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*9. Long Service Leave* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*10. Sick Leave* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*11. Compassionate Leave* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*12. Maternity Leave* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*13. Study Leave and Orientation* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*14. Transport* | +-----------+------------------+-----------+------------+---------------+ | |(2) |122/90(R2) |01/07/92 |72 WAIG 2038 | | | |&1393/91 | | | +-----------+------------------+-----------+------------+---------------+ | |Cl. |130/96 |14/02/97 |77 WAIG 753 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*15. Transfers and Distant Appointments* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*16. Accommodation* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*17. Part Time Employees and Casuals* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*18. Laundry and Uniforms* | +-----------+------------------+-----------+------------+---------------+ | |Cl. |1024/01 |08/01/02 |82 WAIG 230 | +-----------+------------------+-----------+------------+---------------+ | |(1) & (2) |999/02 |28/01/03 |83 WAIG 468 | +-----------+------------------+-----------+------------+---------------+ | |(1) & (2) |676/03 |11/3/05 |85 WAIG 1086 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*19. Payment of Wages* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*20. Time and Wages Records* | +-----------+------------------+-----------+------------+---------------+ | |Ins text. |491/98 |16/04/98 |78 WAIG 1471 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*21. Interviews and Notices* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*22. No Reduction* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*23. District Allowance* | +-----------+------------------+-----------+------------+---------------+ | |Cl. |1371/92 |01/07/98 |78 WAIG 3754 | +-----------+------------------+-----------+------------+---------------+ | |(6) |1024/01 |08/01/02 |82 WAIG 230 | +-----------+------------------+-----------+------------+---------------+ | |(6) |999/02 |28/01/03 |83 WAIG 468 | +-----------+------------------+-----------+------------+---------------+ | |(6) |676/03 |11/3/05 |85 WAIG 1086 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*24. Outpost - Availability Allowance* | +-----------+------------------+-----------+------------+---------------+ | |Del. (9) |360/88 |08/02/88 |69 WAIG 797 | +-----------+------------------+-----------+------------+---------------+ | |(1) |1024/01 |08/01/02 |82 WAIG 230 | +-----------+------------------+-----------+------------+---------------+ | |Del. (7) |1024/01 |08/01/02 |82 WAIG 230 | +-----------+------------------+-----------+------------+---------------+ | |(1) Correction |999/02 |4/02/03 |83 WAIG 839 | | |Order | | | | +-----------+------------------+-----------+------------+---------------+ | |(1) |676/03 |11/3/05 |85 WAIG 1086 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*24A. Bilingual Allowance* | +-----------+------------------+-----------+------------+---------------+ | |Ins. Cl. |130/96 |14/02/97 |77 WAIG 753 | +-----------+------------------+-----------+------------+---------------+ | |(2) |1101/98 |17/07/98 |79 WAIG 86 | +-----------+------------------+-----------+------------+---------------+ | |(2) |883/99 |27/08/99 |79 WAIG 3024 | +-----------+------------------+-----------+------------+---------------+ | |(2) |657/00 |16/11/00 |80 WAIG 5515 | +-----------+------------------+-----------+------------+---------------+ | |(2) |1024/01 |08/01/02 |82 WAIG 230 | +-----------+------------------+-----------+------------+---------------+ | |(2) |999/02 |28/01/03 |83 WAIG 468 | +-----------+------------------+-----------+------------+---------------+ | |(1) |676/03 |11/3/05 |85 WAIG 1086 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*25. Special Leave* | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*25A. Emergency Leave* | +-----------+------------------+-----------+------------+---------------+ | |Ins. Cl. |130/96 |14/02/97 |76 WAIG 753 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*26. Wages* | +-----------+------------------+-----------+------------+---------------+ | |Cl. |539/88 |08/02/88 |69 WAIG 207 | +-----------+------------------+-----------+------------+---------------+ | |Cl. |963/88 |16/12/88 |69 WAIG 549 | +-----------+------------------+-----------+------------+---------------+ | |Correction issued |963/88 |16/12/88 |72 WAIG 2095 | | |07/09/92 | | | | +-----------+------------------+-----------+------------+---------------+ | |Cl. |1377/89(R) |10/01/90 |70 WAIG 349 | +-----------+------------------+-----------+------------+---------------+ | |Cl. |122/90(R2) |01/07/92 |72 WAIG 2038 | | | |&1393/91 | | | +-----------+------------------+-----------+------------+---------------+ | |Cl. |1538/93 |07/11/94 |75 WAIG 1632 | +-----------+------------------+-----------+------------+---------------+ | |Cl. |1103/94 |14/06/95 |75 WAIG 2554 | +-----------+------------------+-----------+------------+---------------+ | |Cl. |306/96 |14/06/96 |76 WAIG 2385 | +-----------+------------------+-----------+------------+---------------+ | |Cl. |130/96 |14/02/97 |77 WAIG 753 | +-----------+------------------+-----------+------------+---------------+ | |Rates & Ins. Text |940/97 |14/11/97 |77 WAIG 3177 | +-----------+------------------+-----------+------------+---------------+ | |(1), (2), (3), |1101/98 |17/07/98 |79 WAIG 86 | | |(4), (11)-(18), | | | | | |ins. (22) | | | | +-----------+------------------+-----------+------------+---------------+ | |(1)-(4), (11)-(17)|609/99 |01/08/99 |79 WAIG 1847 | | |& text (22) | | | | +-----------+------------------+-----------+------------+---------------+ | |(18)(a),(b) & (c) |883/99 |27/08/99 |79 WAIG 3024 | +-----------+------------------+-----------+------------+---------------+ | |Cl |654/00 |01/08/00 |80 WAIG 3379 & | | | | | |3384 | +-----------+------------------+-----------+------------+---------------+ | |(18) |657/00 |16/11/00 |80 WAIG 5515 | +-----------+------------------+-----------+------------+---------------+ | |Cl |752/01 |01/08/01 |81 WAIG 1721 & | | | | | |1724 | +-----------+------------------+-----------+------------+---------------+ | |(6)(a) & (b), (18)|1024/01 |08/01/02 |82 WAIG 230 | +-----------+------------------+-----------+------------+---------------+ | |Cl. |797/02 |01/08/02 |82 WAIG 1369 | +-----------+------------------+-----------+------------+---------------+ | |Cl. |2040/98 |19/12/02 |83 WAIG 89 | +-----------+------------------+-----------+------------+---------------+ | |18(a), (b) & (c) |999/02 |28/01/03 |83 WAIG 468 | +-----------+------------------+-----------+------------+---------------+ | |Cl. |24/00 |5/06/03 |83 WAIG 1899 & | | | | | |1932 | +-----------+------------------+-----------+------------+---------------+ | |Cl |570/04 |4/06/04 |84 WAIG 1521 & | | | | | |1549 | +-----------+------------------+-----------+------------+---------------+ | |(18) |676/03 |11/3/05 |85 WAIG 1086 | +-----------+------------------+-----------+------------+---------------+ | |Cl. |576/05 |07/07/05 |85 WAIG 2083 & | | | | | |2104 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*27. Dispute Settling Mechanism* | +-----------+------------------+-----------+------------+---------------+ | |Ins. Cl. |1377/89(R) |10/01/90 |70 WAIG 349 | +-----------+------------------+-----------+------------+---------------+ | |Cl |693/96 |15/07/96 |76 WAIG 2788 | +-----------+------------------+-----------+------------+---------------+ | |(1) text,(2)(a), |2053/97 |22/11/97 |77 WAIG 3079 | | |del. (2)(d) | | | | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*28. Award Modernisation and Enterprise Consultation* | +-----------+------------------+-----------+------------+---------------+ | |Ins. Cl. |122/90(R2) |01/07/92 |72 WAIG 2038 | | | |&1393/91 | | | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*29. Review of Career Structure* | +-----------+------------------+-----------+------------+---------------+ | |Ins. Cl. |130/96 |14/02/97 |77 WAIG 753 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*Schedule A - Parties to the Award* | +-----------+------------------+-----------+------------+---------------+ | |Ins. Sch. |566/93 |04/05/93 |73 WAIG 1928 | +-----------+------------------+-----------+------------+---------------+ | |Text |883/99 |27/08/99 |79 WAIG 3024 | +-----------+------------------+-----------+------------+---------------+ | |Sch. |657/00 |16/11/00 |80 WAIG 5515 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |(Schedule of Respondents) | +-----------+------------------+-----------+------------+---------------+ | |Rename Sch. |566/93 |04/05/93 |73 WAIG 1928 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*Schedule B - Respondents* | +-----------+------------------+-----------+------------+---------------+ | |Sch. |657/00 |16/11/00 |80 WAIG 5515 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+ |*Appendix - S.49B - Inspection of Records Requirements* | +-----------+------------------+-----------+------------+---------------+ | |Ins. Appendix |694/96 |16/07/96 |76 WAIG 2789 | +-----------+------------------+-----------+------------+---------------+ | |(1) ins. Text |2053/97 |22/11/97 |77 WAIG 3138 | +-----------+------------------+-----------+------------+---------------+ | |App. |491/98 |16/04/98 |78 WAIG 1471 | +-----------+------------------+-----------+------------+---------------+ | | | | | | +-----------+------------------+-----------+------------+---------------+