1. - TITLE This Award shall be known as the ACTIV Foundation (Salaried Officers) Award, No. 13 of 1977, as amended.
1B. - MINIMUM ADULT AWARD WAGE
(1) No employee aged 21 or more shall be paid less than the minimum adult
award wage unless otherwise provided by this clause.
(2) The minimum adult award wage for full-time employees aged 21 or more is
$528.40 per week payable on and from the first pay period on or after 1
July 2007.
(3) The minimum adult award wage is deemed to include all State Wage order
adjustments from State Wage Case Decisions.
(4) Unless otherwise provided in this clause adults employed as casuals,
part-time employees or piece workers or employees who are remunerated
wholly on the basis of payment by result shall not be paid less than pro
rata the minimum adult award wage according to the hours worked.
(5) Employees under the age of 21 shall be paid no less than the wage
determined by applying the percentage prescribed in the junior rates
provision in this award to the minimum adult award wage.
(6) The minimum adult award wage shall not apply to apprentices, employees
engaged on traineeships or Jobskill placements or employed under the
Commonwealth Government Supported Wage System or to other categories of
employees who by prescription are paid less than the minimum award rate.
(7) Liberty to apply is reserved in relation to any special category of
employees not included here or otherwise in relation to the application of
the minimum adult award wage.
(8) Subject to this clause the minimum adult award wage shall -
(a) Apply to all work in ordinary hours.
(b) Apply to the calculation of overtime and all other penalty rates,
superannuation, payments during any period of paid leave and for all
purposes of this award.
(9) Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for
employees aged 21 or more payable under the 2007 State Wage order. Any
increase arising from the insertion of the minimum wage will be offset
against any equivalent amount in rates of pay received by employees
whose wages and conditions of employment are regulated by this award
which are above the wage rates prescribed in the award. Such above
award payments include wages payable pursuant to enterprise
agreements, consent awards or award variations to give effect to
enterprise agreements and over award arrangements. Absorption which is
contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the
current Statement of Principles, excepting those resulting from
enterprise agreements, are not to be used to offset the minimum wage.
(10) Adult Apprentices
(a) Notwithstanding the provisions of this clause, an apprentice, 21
years of age or more, shall not be paid less than $448.65 per week on
and from the commencement of the first pay period on or after 1 July
2007 and $466.65 on and from the commencement of the first pay period
on or after 1 September 2007.
(b) The rate paid in the paragraph above to an apprentice 21 years of
age or more is payable on superannuation and during any period of paid
leave prescribed by this award.
(c) Where in this award an additional rate is expressed as a
percentage, fraction or multiple of the ordinary rate of pay, it shall
be calculated upon the rate prescribed in this award for the actual
year of apprenticeship.
(d) Nothing in this clause shall operate to reduce the rate of pay
fixed by the award for an adult apprentice in force immediately prior
to 5 June 2003.
2. - ARRANGEMENT 1. Title 1B. Minimum Adult Award Wage 2. Arrangement 3. Scope 4. Area 5. Term 6. Definitions 7. Right of Entry 8. Inspection of Salary Record 9. Contract of Service 10. Salaries 11. Payment of Salaries 12. Higher Duties 13. Hours 14. Overtime 15. Meal Money 16. Holidays and Annual Leave 17. Short Leave 18. Sick Leave 19. Parental Leave 20. Long Service Leave 21. Motor Vehicle Allowances 22. Travelling 23. Transfers 24. Travelling Time 25. Relieving or Special Duty 26. Travelling, Transfers and Relieving Duty - Rates of Allowance 27. Removal Allowance 28. Dirty Work 29. Consultation and Enterprise Bargaining 30. Shift Work 31. Protective Clothing and Uniforms 32. District Allowance 33. Salary Packaging 34. Channel of Communication 35. Board of Reference 36. Part-Time Employees 37. Casual Employees 38. Deleted 39. Present Practice 40. Deleted 41. Deleted 42. Leave to Attend Union Business 43. Trade Union Training Leave 44. Introduction of Change 45. Flexibility Agreement Appendix - Resolution of Disputes Requirements Schedule A - Named Union Party Schedule B - Minimum Salaries Schedule C - Classification and Grading of Employees Schedule D - Classification Conversion Table Schedule E - Respondent Appendix - S.49B - Inspection Of Records Requirements
3. - SCOPE This award shall apply to employees employed by the Activ Foundation Incorporated in any of the types of work referred to in Schedule B attached to this award and to their employer.
4. - AREA This award shall operate throughout the State of Western Australia in the areas occupied and controlled by the respondent.
5. - TERM The term of this award shall be for a period of one year from the beginning of the first pay period commencing after the 1st January, 1981.
6. - DEFINITIONS
(1) Metropolitan Area means that area within a radius of fifty kilometres
from the Perth Railway Station.
(2) Married Employees means an employee who is required to maintain a home
and support dependants therein.
(3) A Day means, for the purposes of clauses 22 , 23, 25 , 27, 29 and 30
from midnight to midnight.
(4) Headquarters means, that place in which the principal work is carried
out, as defined by the employer.
(5) Day Employee means, an employee who works his ordinary hours from
Monday to Friday inclusive and who commences work on such days after 6.00
a.m. and before 12.00 noon.
(6) Shift Employee means, an employee who is not a day employee as defined.
(7) (a) The ordinary working hours of a person employed at an Activity
School shall be 32.5 hours per week.
(b) The ordinary working hours of a person employed at a Training
Centre shall be 35 hours per week.
Provided that such employees referred to in this subclause shall be
excluded from all arrangements made in respect to the introduction
of the thirty eight hour week.
(8) Union shall mean the Health Services Union of Western Australia (Union
of Workers).
7. - RIGHT OF ENTRY
Consistent with the terms of the Labour Relations Legislation Amendment Act
1997 and S.23(3)(c)(iii) of the Industrial Relations Act upon notifying
the employer or the employer's representatives of the Union's intention to
exercise the rights conferred by this clause with respect to entering any
part of the premises of the employer who is the employer or former
employer of a member of the Union, a duly accredited representative of the
Union shall:
(a) have the right to visit and inspect any workplace at any time when
work is being carried on, during the ordinary working hours at the
establishment, and in connection with that inspection to interview any
employee covered by this Award;
(b) be permitted to interview an employee during the recognised meal
interval on the business premises of the employer; and
(2) In exercising these rights such representative shall not unduly
interfere with the performance of the employee's work duties and shall
comply with all reasonable health, safety and security requirements of the
employer.
(3) The question as to whether a proposed inspection is likely to unduly
interfere with the work in progress or with health, safety or security
requirements shall be determined by the employer in the first instance.
8. - INSPECTION OF SALARY RECORD
(1) A record or records shall be kept in the premises occupied by the
employer wherein shall be entered:-
(a) The name of each employee.
(b) The age of each employee under the age of 21 years.
(c) The nature of the work performed by each employee.
(d) The classification of each employee.
(e) The daily hours including overtime, if any, of each employee.
(f) The fortnightly salary paid including overtime, if any, to each
employee.
(2) The employer shall provide each month to the Association an updated
establishment list showing employees names, classifications, title, status
and salary rate for all workers covered by this award provided that the
employer and the Association may by agreement in writing enter into an
alternative agreement for the provision of relevant employee information.
(3) Such records shall be kept open to inspection by the duly accredited
representative of the union during the usual business hours.
Provided that before exercising a power of inspection the
representative shall give reasonable notice of not less than 24 hours
to the employer.
9. - CONTRACT OF SERVICE
(1) During the first six months of employment the contract of service shall
be by the fortnight and may be terminated by two weeks' notice on either
side given in writing on any day or by the payment by the employer, or the
forfeiture by the employee, of an amount equal to two weeks' salary
provided that, a lesser period of notice may be agreed, in writing,
between the employer and the employee concerned.
(2) (a) On the completion of six months' employment the contract of service
shall be by the month unless the employer notifies the employee of an
intention to continue the contract of service on a fortnightly basis for a
further period of up to six months in which case the provisions of
subclause (1) of this clause will apply during that period.
(b) Where the employer notifies an employee of an intention to continue
the contract of service on a fortnightly basis and the employment
continues for a period of twelve months the employer shall terminate
the contract of service forthwith by one month's notice given in
writing or by the payment of an amount equal to one month's salary or,
if he fails to do so, the contract of service shall be deemed to be by
the month.
(3) An employee whose contract of service is by the month may terminate the
contract of service by one month's notice given in writing on any day or
the forfeiture of an amount equal to one month's salary provided that, a
lesser period of notice may be agreed, in writing, between the employer
and the employee concerned.
(4) Discipline and or Termination of the Contract of Service
(a) The employer may terminate the contract of service of an employee
who is guilty of:-
(i) wilful disobedience or disregard of any reasonable lawful order
made or given by any person having authority to make or give such
an order;
(ii) being negligent or careless in the discharge of the employee's
duties;
(iii) being inefficient or incompetent in the discharge of the
employee's duties;
(iv) using intoxicating beverages or substances to excess;
(v) disgraceful or improper conduct including conduct which is
seriously or repeatedly disruptive to the efficient operation of
the employer's business; or
(vi) any other conduct which is of such a serious and wilful nature
that it amounts to either a repudiation of the employee's
obligations under the contract of service or demonstrates a clear
intention to not be bound by it in future.
(b) The employee is convicted of any indictable offence;
(c) The employer may terminate the contract of service of an employee
on the basis of medical evidence that the employee does not have the
capacity to continue to carry out the duties of the employee's
position and the employer has no suitable alternative position to
offer the employee;
(d) The position occupied by an employee is no longer considered
necessary.
(5) The foregoing provisions of this clause do not affect the employer's
right to dismiss an employee without notice for misconduct and in such a
case the salary of the employee shall be paid up to the time of dismissal
only but where an employee, whose contract of service is by the month, is
dismissed the cause for dismissal shall be of the kind referred to in
paragraphs (a) and (b) of subclause (4) of this clause.
(6) (a) Where the employer considers that a position occupied by an
employee is no longer necessary and no other employment is available to
that employee the Union shall be notified in writing to that effect.
(b) The Union may, within seven days of the date upon which that
notification is given, request the employer to review that decision
but where an agreement is not reached in discussion between the
employer and the Union the contract of service may be terminated in
accordance with the provisions of subclause (4) of this clause.
(7) Where the employer seeks to terminate the services of an employee in
accordance with subclauses (4) and (5) of this clause, he shall, upon
written request, supply to the employee, a written statement setting out
the full details of the incident, circumstance, event or matters upon
which the employer based his decision. Each statement shall be supplied
within seventy-two hours of receipt of the request.
(8) The provisions of this clause shall not apply to casual employees.
10. - SALARIES
(1) The minimum rates of salaries to be paid to employees covered by this
award shall be those set out in Schedule A attached to this award. Nothing
contained in this award shall be construed so as to preclude the payment
by way of an allowance an amount in addition to that prescribed for the
classification of a position set out in Schedule B of this award.
(2) The employer may direct an employee to carry out such duties as are
within the limits of the employee's skill, competence and training.
(3) Transition
The provisions of this subclause shall apply notwithstanding provisions
elsewhere in this award.
(a) Maintenance of Salary:
Where an employee's maximum salary is reduced as a result of the
introduction of this agreement, the following shall apply -
All employees appointed to a classification or level prior to the
date of implementation of this clause, will progress through the
salary ranges (as adjusted by general salary movements) applicable
to that classification or level irrespective of the level
determined by this clause.
(b) Placement of Employees:
(i) Employees classified A1 prior to the operation of this clause
shall maintain their existing salary and incremental date.
(ii) Employees classified A3, A1A and B1.1 prior to the operation
of this clause shall be classified Level 1 under this clause on
the following basis.
(aa) Under 21 years of age - age to age.
(bb) 21 years of age and older - salary on promotion.
(c) Service Allowances:
(i) Employees classified A2.1 prior to the operation of this clause
shall be paid an allowance to bring the employee's salary to L3.1
after completion of twelve months' service on the maximum salary
applying to such A2.1 position, which allowance shall be increased
to bring the employee's salary to L3.2 upon completion of a
further twelve months' service.
Provided that and subject to -
(aa) The employee's efficiency, diligence and good conduct and
as to the ability of the employee to perform higher duties.
(bb) On the promotion of an employee to a higher position any
allowance received by that employee under this subclause shall
be reduced to bring the employee's salary to the minimum
salary of the position to which that employee is promoted, and
thereafter, any allowance still received by the employee shall
be reduced and converted to salary as and when the employee
becomes eligible for annual increments.
(cc) An allowance under this subclause shall cease should the
employee refuse to accept promotion.
(dd) An employee shall not be eligible to receive an allowance
under this subclause unless the employee has completed not
less than nine years' continuous service in the Clerical
Division as an adult salaried employee.
(ii) Employees classified A4.2/3 or A4.3 prior to the operation of
this clause shall be entitled to progress to the first salary
point of Level 3 after five continuous years of service on the
maximum of A4.3.
Payment of the allowance shall be subject to the employee's
efficiency, diligence and good conduct.
(d) Qualifications Allowance:
(i) Employees in receipt of a qualifications allowance at the date
of operation of this clause or who would, but for the coming into
operation of this clause, have become entitled to such allowance,
or increase in such allowance, pursuant to the provisions
contained in Schedule A Clause 8 of the Hospital Salaried Officers
Award No. 39 of 1968, prior to the date of operation of this
clause, as a result of studies completed in the 1989 calendar
year, shall continue to receive or be granted such allowance, or
increase in allowance provided that such allowance shall be
reduced or ceased in accordance with the following -
+-------------------------------+------------+--------------
| Salary Level | Annual | Annual
|
| | Allowance | Allowance
|
| | Diplomates | Graduates and
|
| | | Associates
|
| | $ |
|
| | | $
|
+-------------------------------+------------+--------------
|Up to and including Level 4 | 200 | 300
|
|second increment | |
|
+-------------------------------+------------+--------------
|Level 4, 3rd and 4th increments | 100 | 200
|
+-------------------------------+------------+--------------
|Level 5, 1st increment | Nil | 100
|
+-------------------------------+------------+--------------
|Level 5, 2nd increment and above| Nil | Nil
|
+-------------------------------+------------+--------------
(ii) Employees who are not entitled to a qualifications allowance
pursuant to placitum (i) of paragraph (d) of this subclause or who
attain a higher qualification subsequently shall not be entitled
to receive an allowance or increase the allowance.
(e) Employee Supporting Dependants Allowance:
(i) Employees previously classified B1.1, B1.2 or B1.3 who were in
receipt of an allowance of one increment for wholly or
substantially supporting a spouse and/or dependent relative prior
to the date of operation of this clause shall continue to receive
such allowance of one increment whilst wholly or substantially
supporting a spouse and/or dependent relative. Provided that the
maximum remuneration inclusive of such allowance shall be the rate
of pay at Level 2 fifth increment in respect of an employee who is
classified in a classification equivalent to Level 2 or, age 24 or
fourth year of adult service in respect of employees classified in
a classification equivalent to Level 1.
(ii) Payment of the employee supporting dependants allowance shall
cease should an employee be promoted or reclassified above a
classification equivalent to Level 2.
(iii) This provision shall not apply to any employee who was not in
receipt of the employee supporting dependants allowance at the
operative date of this clause.
(f) Higher Duties
Where an employee was acting in a position classified higher than
his/her substantive position prior to the introduction of this
clause and who continued to act in the same position at the
operative date of this clause, the employee shall receive higher
duties allowance equivalent to the salary that would have been
payable to the permanent occupant.
Provided that should the employee cease to act in that higher
classified position, any future periods of acting in the same
position or their position is classified higher than the
employee's substantive classification shall be paid a higher
duties allowance in accordance with Clause 12. - Higher Duties, of
the Award.
(g) Incremental Dates:
(i) Where an employee is in receipt of a salary that equates to a
salary under this clause and the employee is classified at that
level, the employee will remain on that salary and retain his/her
current incremental date.
(ii) An employee in receipt of a salary which does not equate to a
salary under this clause shall be placed on the nearest salary
point higher at the date of operation of this clause which shall
become the employee's new incremental date.
(h) Efficiency and Personal Allowances:
Officers in receipt of efficiency and personal allowances at the
date of operation of this clause shall have their allowance
included as salary when determining placement under this clause.
11. - PAYMENT OF SALARIES
(1) Salaries shall be paid fortnightly but, where the usual pay day falls
on a holiday prescribed in clause 16 of this award, payment shall be made
on the previous day.
(2) A fortnight's salary shall be computed by dividing the annual salary
rate by 313 and multiplying the result by 12.
(3) The hourly rate shall be calculated by one seventy-fifth of the
fortnight's salary.
(4) Salaries shall be paid by direct funds transfer to the credit of an
account nominated by the employee at such bank, building society or credit
union approved by the employer. Provided that where such form of payment
is impractical or where some exceptional circumstances exist and by
agreement between the employer and the union, payment by cheque may be
made.
(5) Annual increments shall be subject to the employee's satisfactory
performance over the preceding twelve months which shall be assessed
according to an agreed system of performance appraisal.
(6) Before an annual increment may be deferred the employer shall explain
to the employee the area or areas of the employee's work which is not
being performed satisfactorily, advise the employee on how to achieve
satisfactory performance and where appropriate allow that employee access
to the training necessary to facilitate the required standard of
performance.
(7) Where an increment is deferred due to unsatisfactory performance the
assessment shall be reviewed no later than three months after the
unsatisfactory assessment and if necessary at intervals of not more than
three months thereafter.
(8) Where an increment is deferred due to unsatisfactory performance the
date from which the increment is subsequently payable is the date of the
review which results in a report of satisfactory performance.
12. - HIGHER DUTIES
(1) An employee who is directed by the employer or a duly authorised senior
officer to relieve in a position which is classified higher than the
employee's own and who performs all of the duties and accepts the
responsibility of the higher position for five consecutive working days or
more shall, subject to the provisions of this clause, be paid an allowance
equal to the difference between the employee's own salary and the salary
the employee would receive if the employee were permanently appointed to
the position in which the employee is so directed to act.
(2) Where all of the duties of a higher position are not performed, an
employee shall be paid such proportion of the allowance provided for in
subclause (1) hereof as the duties performed bear to the full duties of
the higher position.
Where such a proportionate allowance is to be paid, however, employees
shall be advised of the allowance to be paid before commencing the
duties of the higher position.
The allowance may be adjusted during the period of higher duties.
13. - HOURS
(1) Subject to the provisions of subclause (2) of this clause, the ordinary
working hours, exclusive of meal intervals, shall not exceed thirty-seven
and a half in any week nor seven and a half in any day. Such hours shall
be worked on five consecutive days in each week.
(2) (a) An employee shall not be required to work his ordinary hours on
afternoon or night shift or on a Saturday or on a Sunday unless the
employer and the union agree that the hours may be so worked.
(b) If the union and the employer agree, the ordinary hours of work as
prescribed in subclause (1) of this clause may be worked on a roster
that provides for an average of thirty-seven and a half hours per week
over each roster period. Such roster may provide that the hours of
work need not be worked on five consecutive days.
(c) Failing agreement, the matters referred to in paragraphs (a) or (b)
of this subclause may be determined by the Board Of Reference.
(3) In areas where work outside normal office hours is regularly required
in order that an employee or class of employees may perform the normal
duties of the position or class of positions, by agreement between the
employer, the Association, and a majority of the employees directly
concerned, ordinary hours may be worked in any arrangement provided the
hours worked do not exceed an average of thirty seven and one half hours
per week over an agreed period.
(4) Any agreement made pursuant to subclause (3) of this clause shall be
subject to ratification by the Commission.
(5) Each meal interval shall not be less than one-half hour nor more than
one hour in duration.
(6) The spread of shift which shall mean the period of time between an
employee commencing and finishing his ordinary day's work shall not exceed
nine and one-half hours.
14. - OVERTIME
(1) Subject to the provisions of subclause (3) of this clause and, except
as provided in subclause (2) of this clause, all time worked at the
direction of the employer outside an employee's ordinary working hours
shall be paid for at the rate of time and a half for the first three hours
and double time thereafter.
(2) (a) Subject to the provisions of subclause (3) of this clause all time
worked at the direction of the employer outside an employee's ordinary
working hours on any day between midnight and 6.00 a.m. or on a Saturday
after 12.00 noon or on a Sunday shall be paid for at the rate of double
time.
(b) Subject to the provisions of subclause (3) of this clause all time
worked at the direction of the employer outside an employee's normal
hours of labour or ordinary hours in the case of a shift employee on a
public holiday observed in accordance with clause 16 hereof shall be
paid at the rate of double time and a half of the ordinary time rate.
(3) Subclauses (1) and (2) of this clause shall not apply in respect of any
day on which the time worked, in addition to the ordinary hours, is less
than 30 minutes.
(4) In lieu of payment for overtime an employee, on request, may be allowed
time off proportionate to the payment to which he is entitled but if he so
requests in writing he shall be allowed such time off up to a maximum of
five days in each year of service. Time off shall be taken at a time
convenient to the employer.
(5) Notwithstanding anything contained elsewhere in this clause an
employee, whose salary exceeds that determined from time to time as the
maximum payable to an employee in Class 8 in Table A2 of Part A - Salaries
- Clerical and Administrative Division of Schedule A attached to this
award, shall :-
(a) be entitled to the benefit of the provisions of this clause if he
is rostered to work regular overtime or is instructed by the employer
to hold himself on-call in accordance with the provisions of subclause
(10) of this clause,
(b) in all other cases, but subject to the provisions of subclause (3)
of this clause, be allowed time off equivalent to the overtime worked.
Such time off shall be taken at a time convenient to the employer.
(6) Payment for overtime shall be computed on the rate applicable to the
day on which the overtime is worked which shall include any loading for
afternoon or night shift, provided that with the exception of overtime
worked on public holidays the maximum rate payable under this award shall
not exceed double the ordinary time rate.
(7) For the purpose of assessing overtime each day shall stand alone.
(8) An employee required to work overtime beyond 2.00 p.m., or beyond 7.00
p.m. on any day shall be allowed an unpaid break of at least 30 minutes
between 12.00 noon and 2.00 p.m. or between 5.00 p.m. and 7.00 p.m. as the
case may be.
(9) (a) Subject to the provisions of paragraph (b) of this subclause an
employee, other than one accommodated at the employer's establishment who
is recalled to work for any purpose shall be paid a minimum of two hours
at the appropriate overtime rate but he shall not be obliged to work for
two hours if the work for which he was recalled is completed in less time,
provided that if an employee is called out within two hours of starting
work on a previous call he shall not be entitled to any further payment
for the time worked within that period of two hours.
(b) Where an employee, other than one accommodated at the employer's
establishment, is recalled to work for any purpose, within two hours
of commencing normal duty, he shall be paid at the appropriate
overtime rate for that period up until the commencement time of normal
duty, but the employee shall not be obliged to work for the full
period if the work for which he was recalled is completed in less time.
(c) Where an employee is recalled to duty in accordance with paragraphs
(a) or (b) of subclause (9) in this clause, then the payment of the
appropriate overtime rate shall commence from:
(i) In the case of an employee who is on-call, from the time the
employee starts work;
(ii) In the case of an employee who is not on-call, time spent
travelling to and from the place of duty where the employee is
actually recalled to perform emergency duty shall be included with
actual duty performed for the purpose of overtime payment.
Provided that where an employee is recalled within two hours of
commencing normal duty, only time spent in travelling to work
shall be included with actual duty for the purpose of overtime
payment.
(d) An employee other than one accommodated at the employer's
establishment shall, if recalled to work:
(i) Except as provided in placitum (ii) of this paragraph, be
provided free of charge with transport from his home to the
employer's establishment and return or, be paid the vehicle
allowance provided in Clause 21 of this award.
(ii) If recalled to work within two hours of commencing normal duty
and the worker remains at work, he shall be provided free of
charge with transport from his home to the employer's
establishment or, be paid the vehicle allowance provided in Clause
21 of this award for the journey from the worker's home to the
employer's establishment.
(10) (a) (i) For the purposes of this award an employee is on-call when he
is directed by the employer to remain at such a place as will enable the
employer to readily contact him during the hours when he is 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
the place of work.
(ii) An employee shall be paid the same hourly allowance as that
prescribed in the Nurses (Public Hospitals) Award No. 6 of 1968,
from time to time. Provided that payment in accordance with this
paragraph shall not be made with respect to any period for which
payment is otherwise made in accordance with the provisions of
this clause when the employee is recalled to work.
(iii) Where the employer determines that there is a need for an
employee to be on-call or to provide a consultative service and
the means of contact is to be by telephone or telepage, the
employer shall where the telephone is not already installed bear
the cost of such installation.
(iv) (aa) Where 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 an
employee is required to be on call, the employer shall pay the
employee 1/52nd of the annual rental paid by the worker.
(bb) An employee shall be paid an allowance of 18.75% of the
hourly rate of an employee classified Level 3.1 for each hour
or part thereof that the employee is on call.
Provided that payment in accordance with this paragraph
shall not be made with respect to any period for which
payment is otherwise made in accordance with the
provisions of this clause when the employee is recalled to
work.
(v) Where the employer determines that the means of contact is to
be by a telepage or similar device the employer shall supply such
device to the employee at no cost to the employee.
(vi) Where the employer determines otherwise or it is not possible
to contact an employee by telephone or telepage, the employer may
send a taxi to the employee's residence or such other place with
instructions for the employee to return to work.
(vii) Notwithstanding the foregoing provisions of this subclause,
where the employer and the Union, in writing agree, other
arrangements may be made for compensation of on-call work.
(11) Notwithstanding the foregoing provisions of this clause, where the
employer, the Association and the majority of employees directly concerned
agree, other arrangements may be made for compensation in lieu of payment.
(12) Any agreement made pursuant to subclause (11) of the Clause shall be
subject to ratification by the Commission.
15. - MEAL MONEY An employee required to work overtime before or after the employees ordinary working hours on any day, shall, when such additional duty necessitates taking a meal away from the employees usual place of residence, be supplied by the employer with any meal required or be reimbursed for each meal purchased at the rate of $8.25 for breakfast, $10.15 for the midday meal, and $12.20 for the evening meal. Provided that the overtime worked before or after the meal break totals not less than two hours. Such reimbursement shall be in addition to any payment for overtime to which the employee is entitled.
16. - HOLIDAYS AND ANNUAL LEAVE
(1) (a) The following days or the days observed in lieu thereof shall,
subject as hereinafter provided, be allowed as holidays without deduction
of pay, namely New Year's Day, Australia Day, Good Friday, Easter Monday,
Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas
Day, Boxing Day and any other Public Service holiday prescribed under
Section 59 of the Public Service Act, 1979 and Regulation 12 of the
Regulations to the Public Service Act. Provided that another day may be
taken as a holiday by arrangement between the parties in lieu of any of
the days named in this subclause.
(b) Where any of the days mentioned in subclause (1)(a) hereof falls on
a Saturday or a Sunday the holiday shall be observed on the next
succeeding Monday and when Boxing Day falls on a Sunday or a Monday,
the holiday shall be observed on the next succeeding Tuesday.
(2) (a) When any of the days observed as a holiday in this clause fall
during a period of annual leave the holiday or holidays shall be observed
on the next succeeding work day or days as the case may be after
completion of that annual leave.
(b) When any of the days observed as a holiday as prescribed in this
clause fall on a day when a shift employee is rostered off duty and
the employee has not been required to work on that day he shall be
paid as if the day was an ordinary working day or if the employer
agrees be allowed to take a day's holiday in lieu of the holiday at a
time mutually acceptable to the employer and the employee.
(3) (a) Any employee, subject to paragraph (b) of this subclause, who is
required to work on the day observed as a holiday as prescribed in this
clause in his normal hours of labour or ordinary hours in the case of a
shift employee shall be paid for the time worked at the rate of double
time and a half or if the employer agrees be paid for the time worked at
the rate of time and a half and in addition be allowed to observe the
holiday on a day mutually acceptable to the employer and the employee.
(b) (i) An employee who is instructed by his employer to hold himself
on-call in accordance with the provisions of subclause (10) of clause
14 - Overtime on a day observed as a public holiday during his normal
hours of labour on his ordinary hours in the case of a shift employee
shall be allowed to observe the holiday on a day mutually acceptable
to the employer and the employee.
(ii) An employee who is holding himself on-call during the period
specified in the preceding paragraph in accordance with subclause
(10) of clause 14. - Overtime, shall be paid for any time worked
during rhe period at the rate of time and a half in accordance
with the provisions of subclause (9) of Clause 14. - Overtime.
(c) An employee who is required to work on a public holiday outside of
the hours referred to in subclause (3)(a) hereof shall be paid in
accordance with subclause (2)(b) of Clause 14. - Overtime.
(4) Except as hereinafter provided a period of four consecutive weeks'
leave shall be allowed to an employee by the employer after each period of
twelve months' continuous service.
(5) The employee shall be paid for any period of annual leave prescribed by
this clause at the ordinary rate of salary, and in the case of shift
employees that rate of salary shall include the shift and weekend
penalties the employee would have received had the employee not proceeded
on annual leave. Where it is not possible to calculate the shift and
weekend penalties the employee would have received, the employee shall be
paid at the rate of the average of such payments made each week over the
four weeks prior to taking leave.
(6) By mutual agreement, an employee may be allowed to take the annual
leave prescribed by this clause before the completion of twelve months'
continuous service as prescribed by subclause (4) of this clause.
(7) (a) If after one month's continuous service in any qualifying twelve
monthly period an employee leaves his employment or his employment is
terminated by the employer through no fault of the employee, the employee
shall be paid one third of a week's pay or in the case of employees
provided for in subclause (8) of this clause five-twelfths of a week's pay
at his ordinary rate of salary in respect of each completed month of
continuous service in that qualifying period.
(b) The rate prescribed in subclause (3) hereof shall be paid in lieu
of the amounts to which an employee may be entitled pursuant to clause
30. - Shift Work of this award.
(c) If the services of an employee terminate and the employee has taken
a period of leave in accordance with subclause (6) of this clause and
if the period of leave so taken exceeds that which would become due
pursuant to paragraph (a) of this subclause the employee shall be
liable to pay the amount representing the difference between the
amount received by him for the period of leave taken in accordance
with subclause (6) of this clause and the amount which would have
accrued in accordance with paragraph (a) of this subclause. 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.
(8) Shift employees who are rostered to work their ordinary hours on
Sundays and/or public holidays during a qualifying period of employment
for annual leave purposes shall be entitled to receive additional annual
leave as follows:-
(i) If thirty-five ordinary shifts on such days have been worked -
one week.
(ii) If less than thirty-five ordinary shifts on such days have
been worked the employee shall be entitled to have one additional
day's leave for each seven ordinary shifts so worked, provided
that the maximum additional leave shall not exceed five working
days.
(9) The annual leave prescribed in subclause (4) of this clause may be
mutual agreement be taken in two portions provided that no portion shall
be less than two consecutive weeks.
(10) (a) When an employee, other than a shift employee, proceeds on annual
leave, he shall be paid a loading of 171/2% of his ordinary salary for
four weeks at the time of taking such leave. If an employee takes annual
leave in two or more periods he shall be paid 1/20th of the loading for
each day of leave he takes at the time of taking each period of his leave.
(b) When a shift employee, other than a shift employee who qualifies
for additional annual leave under subclause (8) of this clause,
proceeds on annual leave he shall be paid a loading of either 171/2%
of his ordinary salary for four weeks or an amount equivalent to the
shift and weekend penalties the employee would have received if he had
not proceeded on annual leave, whichever amount is the greater. If an
employee takes annual leave in two periods he shall be paid 1/20th of
the loading for each day of leave he takes or an amount equivalent to
the shift and weekend penalties he would have received if he had not
proceeded on annual leave. Payment shall be made at the time of taking
each period of his leave.
(c) When a shift employee who qualifies for additional annual leave
under subclause (8) of this clause, proceeds on annual leave he shall
be paid a loading of either 20% of his ordinary salary for five weeks
or an amount equal to the shift and weekend penalties the employee
would have received if he had not proceeded on annual leave, whichever
amount is greater.
(d) The loadings referred to in this subclause shall be paid at the
time the employee takes his leave and where the employee takes annual
leave in two periods he shall be paid one twentieth of the loading (or
one twenty-fifth of the loading in the case of a shift employee
referred to in paragraph (c) hereof) for each day of leave taken or an
amount equivalent to the shift and weekend penalties he would have
received if he had not proceeded on annual leave.
(e) The loading prescribed in this subclause shall not apply to
proportionate leave on termination.
(f) The loading prescribed in this subclause shall be payable on
Retirement, provided the employee is over 55 years of age.
(g) The maximum quantum of the loading shall be the same as that
prescribed from time to time by Public Service Administrative
Instruction 502.
(11) The provisions of this clause shall not apply to casual employees.
(12) A full-time employee who, during a qualifying period towards an
entitlement of annual leave was employed continuously on both a full-time
and part-time basis may elect to take a lesser period of annual leave
calculated by converting the part-time service to equivalent full-time
service.
17. - SHORT LEAVE The employer may upon sufficient cause being shown, grant an employee leave of absence not exceeding two consecutive working days, but any leave of absence granted under the provisions of this clause shall not exceed, in the aggregate, three working days in any one calendar year.
18. - SICK LEAVE
(1) An employee who is incapacitated for duty in consequence of illness or
injury shall as soon as possible advise his supervisory officer in
sufficient time to enable arrangements to be made for the performance of
his duties. Any such employee who fails to do so shall be treated as
absent without leave.
(2) An employee so incapacitated for duty shall notify his supervisory
officer in sufficient time of the date on which he will resume duty, to
enable any necessary arrangements to be made.
(3) (a) An application for leave of absence on the grounds of illness
exceeding two consecutive working days shall be supported by the
certificate of a registered medical practitioner or, where the nature of
illness consists of a dental condition and the period of absence does not
exceed five consecutive working days by a certificate of a registered
dentist.
(b) The number of days leave of absence which may be granted without
the production of the certificate required by paragraph (a) of this
subclause shall not exceed, in the aggregate, five working days in any
one calendar year.
(4) Subject to the provisions of subclause (3) of this clause no leave of
absence on the grounds of illness shall be granted with pay without the
production of a medical certificate.
An employee who finds that he is unable to resume duty on the
expiration of the period shown on the first certificate shall
thereupon furnish a further certificate and shall continue to do so
upon the expiration of the period respectively covered by such
certificates.
(5) Where an employee is ill during the period of his annual leave for
recreation and produces at the time or as soon as practicable thereafter
medical evidence to the satisfaction of the employer that he is or was as
a result of his illness confined to his place of residence or a hospital
for a period of at least seven days, he may, with the approval of the
employer, be granted at a time convenient to the employer additional leave
equivalent to the period during which he was so confined.
(6) Where an employee is ill during the period of his long service leave
and produces at the time or as soon as practicable thereafter medical
evidence to the satisfaction of the employer that he is or was confined to
his place of residence or a hospital for a period of at least fourteen
days, he may, with the approval of the employer, be granted at a time
convenient to the employer additional leave equivalent to the period
during which he was so confined.
(7) The basis for determining the leave of absence on the grounds of
illness that may be granted shall be ascertained by crediting the employee
concerned with the following periods, but the leave shall be cumulative:-
+----------------------------------------+---------+--------------
| Period of Service | Leave On | Leave On Half |
| | Full Pay | Pay Working |
| | Working | Days |
| | Days | |
+----------------------------------------+---------+--------------
|On date of employment of the employee | 5 | 2 |
+----------------------------------------+---------+--------------
|On completion by the employee of six | 5 | 3 |
|months' service | | |
+----------------------------------------+---------+--------------
|On completion by the employee of twelve | 10 | 5 |
|months' service | | |
+----------------------------------------+---------+--------------
|On completion of each additional twelve | 10 | 5 |
|months' service by the employee | | |
+----------------------------------------+---------+--------------
(8) When an employee is duly absent on account of illness and his
entitlement to sick leave on full pay is exhausted, he may, with the
approval of the employer, elect to convert any part of his entitlement to
sick leave on half pay to sick leave on full pay, but so that his sick
leave entitlement on half pay is reduced by two days for each day of sick
leave on full pay that he receives by the conversion.
(9) No leave of absence on account of illness shall be granted with pay, if
the illness has been caused by the misconduct of the employee or in any
case of absence from duty without sufficient cause.
(10) An employee who is duly absent on leave without pay is not eligible
for absence of leave on account of illness under this clause during the
currency of that leave without pay.
(11) Where, on or after the first day of August, 1972, an employee in the
discharge of his/her duties suffers personal injuries by accident that are
compensable in accordance with the provisions of the Workers' Compensation
and Assistance Act, 1981, and which necessitates the granting of leave of
absence under this subclause:
(a) no charge shall be made against his/her sick leave credits in
respect of so much of the period of leave as does not exceed
twenty-six weeks and the employee shall receive full pay for any such
part of his/her leave of absence; and
(b) where the employee is unable to resume duty at the expiration of
the period of twenty-six weeks, he/her shall be granted on full pay or
half pay as the case requires, such further leave under this subclause
as is required but half the period only of such further leave shall be
charged against his/her sick leave credits on full pay or half pay, as
the case may be.
(13) A pregnant employee shall not be refused sick leave by reason only
that the illness or injury encountered by the employee is associated with
the pregnancy.
(14) The provisions of this clause shall not apply to casual employees.
19. - PARENTAL LEAVE
(1) Definitions
For the purpose of this clause:
(a) Child means a child of the employee under the age of one year
except for adoption of a child where child means a person under the
age of five years of age who is placed with the employee for the
purpose of adoption, other than a child or step-child of the employee
or of the spouse of the employee or child who has previously lived
continuously with the employee for a period of six months or more.
(b) Parental leave means maternity, paternity or adoption leave taken
in accordance with this clause.
(2) Basic entitlement
(a) Employees who have completed not less than 12 months' continuous
service are entitled to 52 weeks unpaid parental leave in relation to
the birth or adoption of their child. For females maternity leave may
be taken and for males paternity leave may be taken. Adoption leave
may be taken in the case of adoption.
(b) Parental leave is to be available to only one parent at a time,
except that both parents may simultaneously access the leave in the
following circumstances:
(i) for maternity leave and paternity leave, an unbroken period of
one week at the time of the birth of the child:
(ii) for adoption leave, an unbroken period of up to three weeks at
the time of placement of the child.
(c) In order to demonstrate to the employer that, subject to paragraph
(b), only one parent will be off on Parental leave at a time an
employee shall, when applying for parental leave, provide the employer
with a statutory declaration stating particulars of any period of
parental leave sought or taken by his or her spouse.
(3) Maternity leave
(a) An employee will provide to the employer at least 10 weeks in
advance of the expected date of confinement:
(i) a certificate from a registered medical practitioner stating
that she is pregnant and the expected date of confinement; and
(ii) written notification of the date on which she proposes to
commence maternity leave, and the period of leave to be taken.
(b) Subject to paragraph (c) and unless agreed otherwise between
employer and employee, an employee may commence parental leave at any
time within six weeks immediately prior to the expected date of the
birth.
(c) Where an employee continues to work within the six week period
immediately prior to the expected date of birth, or where the employee
elects to return to work within six weeks after the birth of the
child, an employer may require the employee to provide a medical
certificate stating that she is fit to work on her normal duties.
(d) Where the pregnancy of an employee terminates after 27 weeks and
the employee has not commenced maternity leave, the employee may take
unpaid leave (to be known as special maternity leave) for such period
as a registered medical practitioner certifies as necessary, except
that where an employee is suffering from an illness not related to the
direct consequences of the delivery, an employee shall be entitled to
access paid sick leave to which she is entitled, in lieu of, or in
addition to, special maternity leave.
(e) Where leave is granted under paragraph (d) of this subclause,
during the period of leave an employee may return to work at any time,
as agreed between the employer and the employee provided that time
does not exceed four weeks from the recommencement date desired by the
employee.
(f) 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.
(g) Where an employee 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 registered 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 twelve months.
(4) Paternity leave
An employee will provide to the employer, at least 10 weeks prior to
each proposed period of paternity leave:
(a) a certificate from a registered medical practitioner which names
his spouse, states that she is pregnant and the expected date of
confinement, or states the date on which the birth took place; and
(b) written notification of the date on which he proposes to start and
finish the period of paternity leave.
(5) Adoption leave
(a) The employee will notify the employer at least 10 weeks in advance
of the date of commencement of adoption leave and the period of leave
to be taken. An employee may commence adoption leave prior to
providing such notice where through circumstances beyond the control
of the employee, the adoption of a child takes place earlier.
(b) The employer may require an employee to provide confirmation from
the appropriate government authority of the placement.
(c) The employer shall grant an employee who is seeking to adopt a
child such unpaid leave as is required by the employee to attend any
compulsory interviews or examinations as are necessary as part of the
adoption procedure. Where paid leave is available to the employee, the
employer may require the employee to take such leave in lieu of unpaid
leave.
(d) Where the placement of child for adoption with an employee does not
proceed or continue, the employee will notify the employer immediately
and the employer will nominate a time not exceeding four weeks from
the date of notification for the employee's return to work.
(6) Variation of notice period
Notwithstanding the requirement to give at least 10 weeks notice of the
date of commencement of parental leave, such notice may be for a
greater or lesser period, where it is necessary to vary the date of
commencement of parental leave due to a variation in the actual date
of arrival of the child. Such variation does not count as a variation
for the purposes of subclause (7) of this clause.
(7) Variation of period of parental leave
Unless agreed otherwise between the employer and employee, an employee
may apply to their employer to change the period of parental leave on
one occasion. Any such change shall be notified at least four weeks
prior to the commencement of the changed arrangements.
(8) Parental leave and other entitlements
(a) An employee may in lieu of or in conjunction with parental leave,
access other paid leave entitlements which the employee has accrued,
such as annual leave and long service leave, subject to the total
amount of leave not exceeding 52 weeks.
(b) The employer may require an employee on parental leave to be paid
any accrued time off in lieu of overtime, during such period of leave
and prior to the payment of any other leave entitlements in accordance
with paragraph (a) of this subclause.
(9) Transfer to a safe job
(a) Where an employee is pregnant and, in the opinion of a registered
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 will, 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.
(b) If the transfer to a safe job is not practicable, the employee may
elect, or the employer may require the employee, to commence parental
leave.
(10) Entitlement to part-time employment
(a) Where an employee is pregnant, and has a doctors certificate
advising that it would be preferable for the employee to work
part-time, or where an employee is eligible for parental leave, and
the employer agrees, the employee may work part-time, the terms of
which are to be agreed in writing, in one or more periods at any time
until the child's second birthday or until the second anniversary of
the placement of the child.
(b) The work to be performed part-time need not be the work performed
by the employee in his or her former position.
(11) Returning to work after a period of parental leave or part-time work
(a) An employee will notify of their intention to return to work after
a period of parental leave or part-time work entered into in
accordance with this clause at least four weeks prior to the
expiration of the leave or part-time work.
(b) An employee will be entitled to the position that they held
immediately before proceeding on parental leave. In the case of an
employee transferred to a safe job pursuant to subclause (9), the
employee will be entitled to return to the position they held
immediately before such transfer. An employee who entered into
part-time work in accordance with subclause (10) will be entitled to
return to his or her former position.
(c) When such position no longer exists but there are other positions
available, which the employee is qualified for and is capable of
performing, the employee will be entitled to a position as nearly
comparable in status and pay to that of their former position.
(12) Replacement employees
(a) A replacement employee is an employee specifically engaged or
temporarily promoted or transferred, as a result of an employee
proceeding on parental leave.
(b) A replacement employee will be informed of the temporary nature of
the employment and of the rights of the employee who is being replaced.
(13) Notwithstanding any award, agreement or other provision to the
contrary:
(a) absence on parental 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.
(b) Commencement of part-time employment in accordance with this
clause, and return from part time to full-time work under this clause,
shall not break the continuity of service or employment.
20. - LONG SERVICE LEAVE
(1) An employee shall be entitled to three months' long service leave on
full pay if he has completed:-
(a) seven years' continuous service under the terms of this award, or
(b) eight and a half years' continuous service, of which not less than
eighteen months shall have been served in a capacity which would
normally entitle that employee to long service leave on the basis laid
down for full time State Government wages employees.
(2) For each and every subsequent period of seven years' continuous service
an employee shall be entitled to an additional three calendar months' long
service leave on full pay.
(3) Upon application by an employee, the employer may approve of the taking
by the employee:-
(a) of double the period of long service leave entitlement on half pay,
in lieu of the period of long service leave entitlement on full pay; or
(b) of any portion of his long service leave entitlement on full pay or
double such period on half pay.
(c) A full-time employee who, during a qualifying period towards an
entitlement of long service leave was employed continuously on both a
full-time and part-time basis may elect to take a lesser period of
long service leave calculated by converting the part-time service to
equivalent full-time service.
(d) Notwithstanding the provisions of paragraph (b) of this subclause
an employee who has elected to compact an accrued entitlement to long
service leave in accordance with paragraph (c) of this subclause shall
only take such leave in one period of full pay.
(4) Continuous service shall not include the period during which an
employee is on long service leave or any period exceeding two weeks an
employee is absent on leave without pay, or any service an employee may
have before reaching the age of 18 years where such service was performed
before the eleventh day of January 1991.
(5) An employee who resigns or is dismissed shall not be entitled to long
service leave or payment for long service leave other than leave that had
accrued to the employee prior to the date on which the employee resigned
for the date of the offence for which the employee is dismissed.
(6) Any holiday occurring during the period in which an employee is on long
service leave will be treated as part of the long service leave, and extra
days in lieu thereof shall not be granted.
(7) Long service leave shall be taken as it falls due at the convenience of
the employer but within three years next after becoming entitled thereto:
Provided that the employer may approve the accumulation of long service
leave not exceeding six months.
(8) A lump sum payment for long service leave accrued in accordance with
this clause and for pro rata long service leave shall be made in the
following cases -
(a) To an employee who resigns at or over the age of fifty five years
or whose services terminate on the grounds of ill health, provided
that no payment shall be made for pro rata long service leave unless
the employee has completed not less than twelve months' continuous
service.
(b) To an employee whose services are terminated by the employer for
reasons other than those referred to in paragraphs (a), (b) and (c) of
subclause (4) and subclause (5) of clause 8 - Contract of Service but
only if the employee has completed at least three years' continuous
service at the date of termination.
(c) To the widow of an employee and/or such other person as may be
approved by the employer in the event of the death of an employee
provided that no payment shall be made for pro rata long service leave
unless the employee had completed not less than twelve months
continuous service prior to the date of his/her death.
(d) To an employee not otherwise entitled under this subclause who is
unable to continue his contract of service and resigns but only if the
employer and the union agree or failing agreement if the Commission so
directs. Provided that in no case shall payment be made unless the
employee has completed at least three years' continuous service at the
date of termination.
(9) A calculation of the amount due for long service leave accrued and for
pro-rata long service leave shall be made at the rate of salary of an
employee at the date of retirement, resignation or death, whichever
applies and no such payment shall exceed the equivalent of twelve months'
salary.
(10) Long service leave accrued prior to the issue of this award shall
remain to the credit of each employee.
(11) The expression continuous service in this clause includes any period
during which an employee is absent on full pay or part pay from his duties
in the employer's service, but does not include -
(a) any period exceeding two weeks during which the employee is absent
on leave without pay;
(b) any period during which the employee is taking his long service
leave entitlement or any portion thereof;
(c) any service of the employee who resigns or is dismissed, other than
service prior to such resignation or to the date of any offence in
respect of which the employee is dismissed when such prior service has
actually entitled the employee to long service leave under this clause;
(d) any service of the employee who resigns or is dismissed, other than
service prior to such resignation or to the date of any offence in
respect of which the employee is dismissed when such prior service has
actually entitled the employee to long service leave under this clause.
(12) Unless otherwise agreed by the employer; no employee shall, during any
period on long service leave, engage in any employment for hire or reward
in substitution for the employment from which the employee is on leave,
and if an employee breaches this provision the employee shall thereupon
forfeit the right to leave hereunder in respect of the unexpired period of
leave upon which the employee has entered, and the employer shall be
entitled to withhold any further payment in respect of the period and to
reclaim any payments already made on account of such period of leave.
Provided that where an employee has regular employment outside that
provided by the respondents and continues with such employment while on
long service leave the employee shall be deemed to not be in breach of
this clause.
21. - MOTOR VEHICLE ALLOWANCE
(1) Allowance for Employees Required to Supply and Maintain a Vehicle as a
Term of Employment:
(a) An employee who is required to supply and maintain a motor vehicle
for use when travelling on official business as a term of employment
and who is not in receipt of an allowance provided by subclause (5)
shall be reimbursed monthly in accordance with the appropriate rates
set out in subclause (7) for journeys travelled on official business
and approved by the employer or an authorised employee.
(b) An employee who is reimbursed under the provisions of subclause
(1)(a) will also be subject to the following conditions:-
(i) For the purposes of subclause (1)(a) an employee shall be
reimbursed with the appropriate rates set out in subclause (7) for
the distance travelled from the employee's residence to the place
of duty and for the return distance travelled from place of duty
to residence except on a day where the employee travels direct
from residence to headquarters and return and is not required to
use the vehicle on official business during the day.
(ii) Where an employee, in the course of a journey, travels through
two or more separate areas, reimbursement shall be made at the
appropriate rate applicable to each of the areas traversed as set
out in subclause (7).
(iii) Where an employee does not travel in excess of 4000
kilometres in a year an allowance calculated by multiplying the
appropriate rate per kilometre by the difference between the
actual distance travelled and 4000 kilometres shall be paid to the
employee provided that where the employee has less than 12 months'
qualifying service in the year then the 4000 kilometre distance
will be reduced on a pro rata basis and the allowance calculated
accordingly.
(iv) Where a part-time employee is eligible for the payment of an
allowance under (iii) above such allowance shall be calculated on
the proportion of total hours worked in that year by the employee
to the annual standard hours had the employee been employed on a
full time basis for the year.
(v) An employee who is required to supply and maintain a motor
vehicle for use on official business is excused from this
obligation in the event of the employee's vehicle being stolen,
consumed by fire, or suffering a major and unforeseen mechanical
breakdown or accident, in which case all entitlement to
reimbursement ceases while the employee is unable to provide the
motor vehicle or a replacement.
(vi) It shall be open to the employer or his representative to
elect to waive the requirement that an employee supply and
maintain a motor vehicle for use on official business, but three
months' written notice of the intention so to do shall be given to
the employee concerned.
(2) Allowance for Employees Relieving Employees Subject to subclause (1):
(a) An employee not required to supply and maintain a motor vehicle as
a term of employment who is required to relieve an employee required
to supply and maintain a motor vehicle as a term of employment shall
be reimbursed all expenses incurred in accordance with the appropriate
rates set out in subclause (7) for all journeys travelled on official
business and approved by the employer or an authorised employee where
the employee is required to use his/her vehicle on official business
whilst carrying out the relief duties.
(b) For the purposes of subclause (2)(a) an employee shall be
reimbursed all expenses incurred in accordance with the appropriate
rates set out in subclause (7) for the distance travelled from the
employee's residence to place of duty and the return distance
travelled from place of duty to residence except on a day where the
employee travels direct from residence to headquarters and return and
is not required to use the vehicle on official business during the day.
(c) Where an employee in the course of a journey travels through two or
more separate areas, reimbursement shall be made at the appropriate
rate applicable to each of the areas traversed as set out in subclause
(7).
(d) For the purpose of this subclause the allowance provided in
subclause (1)(b)(iii) and (iv) shall not apply.
(3) Allowance for Other Employees Using Vehicle on Official Business:
(a) An employee who is not required to supply and maintain a motor
vehicle for use when travelling on official business as a term of
employment, but when requested by the employer or an authorised
employee, voluntarily consents to use the vehicle and who is not in
receipt of an allowance provided by subclause (5) shall, for journeys
travelled on official business approved by the employer or an
authorised employee be reimbursed all expenses incurred in accordance
with appropriate rates set out in subclauses (8) and (9).
(b) For the purpose of subclause (3)(a) an employee shall not be
entitled to reimbursement for any expenses incurred in respect to the
distance between the employee's residence and headquarters and the
return distance from headquarters to residence.
(c) Where an employee in the course of a journey travels through two or
more separate areas, reimbursement shall be made at the appropriate
rate applicable to each of the areas traversed as set out in subclause
(8).
(4) Allowance for Towing Employer's Caravan or Trailer:
In cases where employees are required to tow employer's caravans on
official business, the additional rate shall be 6.5 cents per
kilometre. When an employer's trailer is towed on official business
the additional rate shall be 3.5 cents per kilometre.
(5) Commuted Allowance:
The employer may authorise a commuted amount for reimbursement of costs
for motor vehicles or any other conveyance belonging to an employee.
(6) Increase of Inadequate Rates:
The employer may increase the rates prescribed by this clause in any
case in which it is satisfied that they are inadequate.
(7) Requirement to Supply and Maintain a Motor Car:
+----------------------+------------+------------+-------------
| Area Details | Engine Displacement (in cubic |
| | centimetres) |
+----------------------+------------+------------+-------------
| | Over 2600cc |Over 1600cc -| 1600cc |
| | | & | |
| | | | Under |
| | | 2600cc | |
+----------------------+------------+------------+-------------
|Kilometres Travelled | Rate per kilometre (Cents) |
+----------------------+------------+------------+-------------
|Metropolitan Area: |
+----------------------+------------+------------+-------------
| |
+----------------------+------------+------------+-------------
|First 4000 | 149.7 | 126.6 | 102.2 |
+----------------------+------------+------------+-------------
|Over 4000 - 8000 | 61.7 | 52.7 | 44.0 |
+----------------------+------------+------------+-------------
|Over 8000 - 16000 | 32.4 | 28.1 | 24.6 |
+----------------------+------------+------------+-------------
|Over 16000 | 34.0 | 28.8 | 24.7 |
+----------------------+------------+------------+-------------
| |
+----------------------+------------+------------+-------------
|South West Land Division |
+----------------------+------------+------------+-------------
| |
+----------------------+------------+------------+-------------
|First 4000 | 154.3 | 130.9 | 106.4 |
+----------------------+------------+------------+-------------
|Over 4000 - 8000 | 64.0 | 54.8 | 46.0 |
+----------------------+------------+------------+-------------
|Over 8000 - 16000 | 33.9 | 29.4 | 25.8 |
+----------------------+------------+------------+-------------
|Over 16000 | 35.2 | 29.7 | 25.5 |
+----------------------+------------+------------+-------------
| |
+----------------------+------------+------------+-------------
|Area Details | Engine Displacement (in cubic |
| | centimetres) |
+----------------------+------------+------------+-------------
| | Over 2600cc |Over 1600cc -| 1600cc |
| | | & | |
| | | | Under |
| | | 2600cc | |
+----------------------+------------+------------+-------------
|Kilometres Travelled | Rate per kilometre (Cents) |
+----------------------+------------+------------+-------------
|North of 23.5 South Latitude: |
+----------------------+------------+------------+-------------
| |
+----------------------+------------+------------+-------------
|First 4000 | 170.9 | 145.4 | 118.9 |
+----------------------+------------+------------+-------------
|Over 4000 - 8000 | 70.3 | 60.2 | 50.7 |
+----------------------+------------+------------+-------------
|Over 8000 - 16000 | 36.7 | 31.9 | 28.0 |
+----------------------+------------+------------+-------------
|Over 16000 | 36.3 | 30.6 | 26.3 |
+----------------------+------------+------------+-------------
| |
+----------------------+------------+------------+-------------
|Rest of State: |
+----------------------+------------+------------+-------------
| |
+----------------------+------------+------------+-------------
|First 4000 | 159.2 | 134.8 | 109.2 |
+----------------------+------------+------------+-------------
|Over 4000 - 8000 | 66.0 | 56.4 | 47.2 |
+----------------------+------------+------------+-------------
|Over 8000 - 16000 | 34.9 | 30.2 | 26.5 |
+----------------------+------------+------------+-------------
|Over 16000 | 35.7 | 30.1 | 25.9 |
+----------------------+------------+------------+-------------
(8) Voluntary Use of a Motor Car:
+----------------------------+-----------+-----------+-------------
|Area Details | Engine Displacement (in cubic
|
| | centimetres)
|
+----------------------------+-----------+-----------+-------------
| |Over 2600cc |Over 1600cc | 1600cc
|
| | | - & |
|
| | | | Under
|
| | | 2600cc |
|
+----------------------------+-----------+-----------+-------------
| | Rate per kilometre (Cents)
|
+----------------------------+-----------+-----------+-------------
| | | |
|
+----------------------------+-----------+-----------+-------------
|Metropolitan Area | 69.0 | 58.9 | 48.9
|
+----------------------------+-----------+-----------+-------------
| | | |
|
+----------------------------+-----------+-----------+-------------
|South West Land Division | 71.5 | 61.1 | 51.0
|
+----------------------------+-----------+-----------+-------------
| | | |
|
+----------------------------+-----------+-----------+-------------
|North of 23.5o South Latitude| 78.7 | 67.3 | 56.4
|
+----------------------------+-----------+-----------+-------------
| | | |
|
+----------------------------+-----------+-----------+-------------
|Rest of the State | 73.7 | 62.9 | 52.4
|
+----------------------------+-----------+-----------+-------------
(9) Voluntary Use of a Motor Cycle:
+------------------------------------+----------------
| Distance travelled during a year on | Rate per |
| Official Business | Kilometre |
| | |
| | (Cents) |
+------------------------------------+----------------
| | |
+------------------------------------+----------------
|All areas of the State | 23.9 |
+------------------------------------+----------------
(10) In this Clause the following expressions shall have the following
meaning:
A year means twelve months commencing on the first day of July and
ending on the thirtieth day of June next following.
South West Land Division means the South West Land Division as defined
by Section 28 of the Land Act, 1933-1971 excluding the area contained
within the Metropolitan Area.
Rest of the State means that area south of 23.5 degrees south latitude,
excluding the Metropolitan Area and the South West Land Division.
Term of Employment - means a requirement made known to the employee at
the time of applying for the position by way of publication in the
advertisement for the position, written advice to the employee
contained in the offer for the position or oral communication at
interview by an interviewing employee and such requirement is accepted
by the employee either in writing or orally.
(11) The allowances in this clause shall be varied in accordance with any
movement in the allowances in the Public Service Motor Vehicle Allowances
Consolidation Award 1986, No. 13 of 1976.
22. - TRAVELLING
(1) An employee who travels on official business shall be reimbursed
reasonable expenses in accordance with the provisions of this clause.
(2) When a trip necessitates an overnight stay away from his headquarters
and he:
is supplied with accommodation and meals free of charge,
or
attends a course, conference, etc. where the fee paid includes
accommodation and meals,
or
travels by rail and is provided with a sleeping berth and meals,
or
is accommodated at the employer's institution, hostel or similar
establishment and supplied with meals;
reimbursement shall be in accordance with the rates prescribed in
Column A, Items 1, 2 or 3 of clause 26. - Travelling, Transfers and
Relieving Duty - Rates of Allowance.
(3) When a trip necessitates an overnight stay away from his headquarters
and he is fully responsible for his own accommodation, meals and
incidental expenses -
(a) where hotel or motel accommodation is utilised reimbursement shall
be in accordance with the rates prescribed in Column A, Items 4 to 8
of clause 26 - Travelling, Transfers and Relieving Duty - Rates of
Allowance.
(b) where other than hotel or motel accommodation is utilised
reimbursement shall be in accordance with the rates prescribed in
Column A, Items 9, 10 or 11 of clause 26. - Travelling, Transfers and
Relieving Duty - Rates of Allowance.
(4) To calculate reimbursement under subclauses (2) and (3) for a part of a
day, the following formulae shall apply:
(a) If departure from headquarters is:
+---------------------------+---------------
| Time of day |% of daily rate |
+---------------------------+---------------
| | |
+---------------------------+---------------
|Before 8:00 am | 100 |
+---------------------------+---------------
|8:00 am or later but prior | 90 |
|to 1:00pm | |
+---------------------------+---------------
|1:00 pm or later but prior | 75 |
|to 6:00pm | |
+---------------------------+---------------
|6:00 pm or later | 50 |
+---------------------------+---------------
(b) If arrival back at headquarters is:
+---------------------------+---------------
| Time of day |% of daily rate |
+---------------------------+---------------
| | |
+---------------------------+---------------
|8:00 am or later but prior | 10 |
|to 1:00pm | |
+---------------------------+---------------
|1:00 pm or later but prior | 25 |
|to 6:00pm | |
+---------------------------+---------------
|6:00 pm or later but prior | 75 |
|to 11:00pm | |
+---------------------------+---------------
|11:00 pm or later | 100 |
+---------------------------+---------------
(5) When an employee travels to a place outside a radius of fifty
kilometres measured from his headquarters, and the trip does not involve
an overnight stay away from his headquarters, reimbursement for all meals
claimed shall be at the rate set out in Column A, Items 12 or 13 of clause
26. - Travelling, Transfers and Relieving Duty - Rates of Allowance
subject to the employee's certification that each meal claimed was
actually purchased.
Provided that when an employee departs from his headquarters before 8
a.m. and does not arrive back at his headquarters until after 11 p.m.
on the same day he shall be paid at the appropriate rate prescribed in
Column A, Items 4 to 8 of clause 26 - Travelling, Transfers and
Relieving Duty - Rates of Allowance.
(6) When it can be shown to the satisfaction of the employer by the
production of receipts that reimbursement in accordance with clause 26 -
Travelling, Transfers and Relieving Duty - Rates of Allowance does not
cover an employee's reasonable expenses for a whole trip he shall be
reimbursed the excess expenditure.
(7) In addition to the rates contained in clause 26 - Travelling, Transfers
and Relieving Duty - Rates of Allowance an employee shall be reimbursed
reasonable incidental expenses such as train, bus and taxi fares, official
telephone calls, laundry and dry cleaning expenses, on production of
receipts.
(8) If on account of lack of suitable transport facilities an employee
necessarily engages reasonable accommodation for the night prior to
commencing travelling on early morning transport he shall be reimbursed
the actual cost of such accommodation.
(9) Reimbursement of expenses shall not be suspended should an employee
become ill whilst travelling, provided leave for the period of such
illness is approved in accordance with the provisions of this Award and
the employee continues to incur accommodation, meal and incidental
expenses.
(10) Reimbursement claims for travelling in excess of fourteen days in one
month shall not be passed for payment by a certifying officer until the
employer has endorsed the account.
(11) An employee who is relieving at or temporarily transferred to any
place within a radius of fifty kilometres measured from the employee's
headquarters shall not be reimbursed the cost of midday meals purchased,
but an employee travelling on duty within that area which requires the
employees absence from the employee's headquarters over the usual midday
meal period shall be paid at the rate prescribed by Item 17 of Clause 26.
- Travelling, Transfers and Relieving Duty - Rates of Allowance for each
meal necessarily purchased, provided that:
(a) such travelling is not a normal feature in the performance of his
duties, and
(b) such travelling is not within the suburb in which he resides, and
(c) the employees total reimbursement under this subclause for any one
pay period shall not exceed the amount prescribed by Item 18 of Clause
26. - Travelling, Transfers and Relieving Duty - Rates of Allowance.
23. - TRANSFERS
(1) Except as provided in subclause (3) a married or single employee who is
transferred to a new locality in the employer's interest, or in the
ordinary course of promotion or transfer, or on account of illness, due to
causes over which the employee has no control, he shall be paid at the
rates prescribed in Column A, Items 4, 5 or 6 of clause 26 - Travelling,
Transfers and Relieving Duty - Rates of Allowance for a period of fourteen
days after arrival at his new headquarters. Provided that if an employee
is required to travel on official business during the said periods, such
travelling will be extended by the time spent in travelling. Under no
circumstances however, shall the provisions of this subclause operate
concurrently with those of clause 22 - Travelling to permit an employee to
be paid allowances in respect of both travelling and transfer expenses for
the same period.
(2) If a married employee is unable to obtain reasonable accommodation for
the transfer of his home within the prescribed period referred to in
subclause (1) of this clause and the employer is satisfied that the
employee has taken all possible steps to secure reasonable accommodation,
such employee shall, after the expiration of the prescribed period be paid
in accordance with the rates prescribed by Column B, Items 4, 5, 6, 7 or 8
of clause 26 - Travelling, Transfers and Relieving Duty - Rates of
Allowance as the case may require, until such time as he has secured
reasonable accommodation: Provided that the period of reimbursement under
this subclause shall not exceed seventy-seven days without the approval of
the employer. A single employee shall not be paid allowances under this
subclause.
(3) When it can be shown by the production of receipts or other evidence
that an allowance payable under this clause would be insufficient to meet
reasonable additional costs incurred by an employee on transfer, an
appropriate rate of reimbursement shall be determined by the employer.
In the event of a dispute, the matter may be referred to the Board of
Reference for determination.
(4) An employee who is transferred to the employer's accommodation shall
not be entitled to reimbursement under this clause: Provided that where
entry into the employer's accommodation is delayed through circumstances
beyond the employers control an employee may, subject to the production of
receipts, be reimbursed actual reasonable accommodation and meal expenses
for the employee and the employee's spouse and dependent children under
sixteen years of age or other children wholly dependent on the employee,
less a deduction for normal living expenses prescribed in Column A, Items
15 and 16 of Clause 26. - Travelling, Transfers and Relieving Duty - Rates
of Allowance and provided that if any costs are incurred under subclause
(5)(b), they shall be reimbursed.
(5) (a) Where an employee transfers his employment in accordance with the
other provisions of this clause and incurs expenses referred to in
paragraph (b) hereof as a result of that transfer, then the employee shall
be granted a Disturbance Allowance and shall be reimbursed by the employer
the actual expenditure incurred upon production of receipts or such other
evidence as may be required.
(b) The Disturbance Allowance shall include:
(i) Costs incurred for telephone installation at his new residence
provided that the cost of telephone installation shall be
reimbursed only where a telephone was installed at the employee's
former residence including employer accommodation and provided
further that reimbursement shall not apply to an employee's
private residence wherein a telephone was not installed prior to
his first transfer in accordance with this provision.
(ii) Costs incurred with the connection or reconnection of services
to his household including employer accommodation for water, gas
or electricity.
24. - TRAVELLING TIME An employee who, in the course of his duties, is called upon to travel before the usual time for commencing or after the usual time for ceasing duty may, at the discretion of the employer, be granted time off in respect of such time or part of such time spent in travelling.
25. - RELIEVING OR SPECIAL DUTY
(1) An employee who is required to take up duty away from his usual
headquarters on relief duty or to perform special duty, and necessarily
resides temporarily away from his usual place of residence shall be
reimbursed reasonable expenses in accordance with the provisions of this
clause.
(2) Where the employee -
is supplied with accommodation and meals free of charge, or
is accommodated at the employer's institution, hostel or similar
establishment and supplied with meals, reimbursement shall be in
accordance with the rates prescribed in Column A, Items 1, 2 or 3 of
clause 26. - Travelling, Transfers and Relieving Duty - Rates of
Allowance.
(3) Where the employee is fully responsible for his own accommodation,
meals and incidental expenses and hotel or motel accommodation is utilised:
(a) For the first forty-two days after arrival at the new locality
reimbursement shall be in accordance with the rates prescribed in
Column A, Items 4 to 8 of Clause 26.
(b) For periods in excess of forty-two days after arrival in the new
locality reimbursement shall be in accordance with the rates
prescribed in Column B, Items 4 to 8 of Clause 26 for married
employees or Column C, Items 4 to 8 of clause 26 for single employees.
Provided that the period of reimbursement under this subclause
shall not exceed forty-nine days without the approval of the
employer.
(4) Where the employee is fully responsible for his own accommodation,
meals and incidental expenses and other than hotel or motel accommodation
is utilised, reimbursement shall be in accordance with the rates
prescribed in Column A, Items 9, 10 or 11 of clause 26. - Travelling,
Transfers and Relieving Duty - Rates of Allowance.
(5) Reimbursement of expenses shall not be suspended should an employee
become ill whilst on relief duty, provided leave for the period of such
illness is approved in accordance with Clause 18. - Sick Leave and the
employee continues to incur accommodation, meal and incidental expenses.
(6) When an employee who is required to relieve or perform special duties
in accordance with subclause (1) of this clause is authorised by the
employer to travel to the new locality in his own motor vehicle he shall
be reimbursed for the return journey as follows:
(a) Where the employee will be required to maintain a motor vehicle for
the performance of the relieving or special duties, reimbursement
shall be in accordance with the appropriate rate prescribed by clause
21 - Motor Vehicle Allowance of this award.
(b) Where the employee will not be required to maintain a motor vehicle
for the performance of the relieving or special duties reimbursement
shall be on the basis of one half of the appropriate rate prescribed
by clause 21 - Motor Vehicle Allowance of this award. Provided that
the maximum amount of reimbursement shall not exceed the cost of the
fare by public conveyance which otherwise would be utilised for such
return journey.
(7) The rate applicable to a married employee under subclause (3)(b) shall
be paid to a single employee if the employer is satisfied that the
employee has to maintain a home and support dependants therein, in a
locality other than that to which he has been sent. A certificate to this
effect must be furnished by a single employee claiming the higher rate.
(8) Where it can be shown by the production of receipts or other evidence
that an allowance payable under this clause would be insufficient to meet
reasonable additional costs incurred, an appropriate rate of reimbursement
shall be determined by the employer.
In the event of a dispute, the matter may be referred to the Board of
Reference for determination.
(9) The provisions of clause 22 - Travelling shall not operate concurrently
with the provisions of this clause to permit an employee to be paid
allowances in respect of both travelling and relieving expenses for the
same period: Provided that where an employee is required to travel on
official business which involves an overnight stay, away from his
temporary headquarters the employer may extend the periods specified in
subclause (3) by the time spent in travelling.
(10) An employee who is directed to relieve another employee or to perform
special duty away from his usual headquarters and is not required to
reside temporarily away from his usual place of residence shall, if he is
not in receipt of a higher duties or special allowance for such work, be
reimbursed the amount of additional fares paid by him in travelling by
public transport to and from his place of temporary duty.
26. - TRAVELLING, TRANSFERS AND RELIEVING DUTY - RATES OF ALLOWANCE +------+--------------+-----------+--------+-------+-------------- | | | COLUMN A | COLUMN B | COLUMN C | +------+--------------+-----------+--------+-------+-------------- | ITEM | PARTICULARS | DAILY RATE | DAILY RATE | DAILY RATE | | | | | OFFICERS WITH | OFFICERS | | | | | DEPENDENTS: | WITHOUT | | | | | RELIEVING | DEPENDENTS: | | | | | ALLOWANCE FOR | RELIEVING | | | | | PERIOD IN EXCESS | ALLOWANCE FOR | | | | | OF 42 DAYS | PERIOD IN | | | | | (CLAUSE 25(3)(b) | EXCESS OF 42 | | | | | TRANSFER | DAYS (CLAUSE | | | | | ALLOWANCE FOR | 25(3)(b)) | | | | | PERIOD IN EXCESS | | | | | | OF PRESCRIBED | | | | | | PERIOD (CLAUSE | | | | | | 23(2)) | | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- |ALLOWANCE TO MEET INCIDENTAL EXPENSES | +------+--------------+-----------+--------+-------+-------------- | | | $ | | | +------+--------------+-----------+--------+-------+-------------- |(1) |WA - South of | | | | | |26o | | | | +------+--------------+-----------+--------+-------+-------------- | |South Latitude |11.75 | | | +------+--------------+-----------+--------+-------+-------------- |(2) |WA - North of | | | | | |26o | | | | +------+--------------+-----------+--------+-------+-------------- | |South Latitude |15.40 | | | +------+--------------+-----------+--------+-------+-------------- |(3) |Interstate |15.40 | | | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- |ACCOMMODATION INVOLVING AN OVERNIGHT STAY IN A HOTEL OR MOTEL | +------+--------------+-----------+--------+-------+-------------- | | | $ | $ | $ | +------+--------------+-----------+--------+-------+-------------- |(4) |WA - |210.05 |105.00 |70.00 | | |Metropolitan | | | | | |Hotel or Motel | | | | +------+--------------+-----------+--------+-------+-------------- |(5) |Locality South |168.60 |84.30 |56.20 | | |of 26o South | | | | | |Latitude | | | | +------+--------------+-----------+--------+-------+-------------- |(6) |Locality North | | | | | |of 26o South | | | | | |Latitude | | | | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- | |Broome |284.40 |142.20 |94.80 | +------+--------------+-----------+--------+-------+-------------- | |Carnarvon |222.30 |111.15 |74.10 | +------+--------------+-----------+--------+-------+-------------- | |Dampier |209.15 |104.55 |69.70 | +------+--------------+-----------+--------+-------+-------------- | |Derby |188.40 |94.20 |62.80 | +------+--------------+-----------+--------+-------+-------------- | |Exmouth |215.90 |107.95 |71.95 | +------+--------------+-----------+--------+-------+-------------- | |Fitzroy |314.90 |157.45 |104.95 | | |Crossing | | | | +------+--------------+-----------+--------+-------+-------------- | |Gascoyne |128.90 |64.45 |42.95 | | |Junction | | | | +------+--------------+-----------+--------+-------+-------------- | |Halls Creek |265.40 |132.70 |88.45 | +------+--------------+-----------+--------+-------+-------------- | |Karratha |364.65 |182.30 |121.55 | +------+--------------+-----------+--------+-------+-------------- | |Kununurra |266.80 |133.40 |88.95 | +------+--------------+-----------+--------+-------+-------------- | |Marble Bar |179.40 |89.70 |59.80 | +------+--------------+-----------+--------+-------+-------------- | |Newman |254.65 |127.35 |84.90 | +------+--------------+-----------+--------+-------+-------------- | |Nullagine |189.75 |94.90 |63.25 | +------+--------------+-----------+--------+-------+-------------- | |Onslow |207.20 |103.60 |69.05 | +------+--------------+-----------+--------+-------+-------------- | |Pannawonica |177.15 |88.60 |59.05 | +------+--------------+-----------+--------+-------+-------------- | |Paraburdoo |238.40 |119.20 |79.45 | +------+--------------+-----------+--------+-------+-------------- | |Port Hedland |239.70 |119.85 |79.90 | +------+--------------+-----------+--------+-------+-------------- | |Roebourne |132.90 |66.45 |44.30 | +------+--------------+-----------+--------+-------+-------------- | |Sandfire |160.40 |80.20 |53.45 | +------+--------------+-----------+--------+-------+-------------- | |Shark Bay |175.90 |87.95 |58.65 | +------+--------------+-----------+--------+-------+-------------- | |Tom Price |219.40 |109.70 |73.15 | +------+--------------+-----------+--------+-------+-------------- | |Turkey Creek |175.90 |87.95 |58.65 | +------+--------------+-----------+--------+-------+-------------- | |Wickham |323.90 |161.95 |107.95 | +------+--------------+-----------+--------+-------+-------------- | |Wyndham |158.90 |79.45 |52.95 | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- |(7) |Interstate - Capital City | | | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- | |Sydney |255.65 |127.85 |85.20 | +------+--------------+-----------+--------+-------+-------------- | |Melbourne |245.65 |122.85 |81.90 | +------+--------------+-----------+--------+-------+-------------- | |Other Capitals |213.15 |106.60 |71.00 | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- |(8) |Interstate - |168.60 |84.30 |56.20 | | |Other than | | | | | |Capital City | | | | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- |ACCOMMODATION INVOLVING AN OVERNIGHT STAY AT OTHER THAN A HOTEL OR | |MOTEL | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- |(9) |WA - South of |79.40 | | | | |26o South | | | | | |Latitude | | | | +------+--------------+-----------+--------+-------+-------------- |(10) |WA - North of |97.70 | | | | |26o South | | | | | |Latitude | | | | +------+--------------+-----------+--------+-------+-------------- |(11) |Interstate |97.70 | | | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- |TRAVEL NOT INVOLVING AN OVERNIGHT STAY OR TRAVEL INVOLVING AN | |OVERNIGHT STAY WHERE ACCOMMODATION ONLY IS PROVIDED | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- |(12) |WA - South of 26o South | | | | |Latitude: | | | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- | |Breakfast |14.15 | | | +------+--------------+-----------+--------+-------+-------------- | |Lunch |14.15 | | | +------+--------------+-----------+--------+-------+-------------- | |Dinner |39.40 | | | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- |(13) |WA - North of 26o South | | | | |Latitude: | | | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- | |Breakfast |15.75 | | | +------+--------------+-----------+--------+-------+-------------- | |Lunch |27.70 | | | +------+--------------+-----------+--------+-------+-------------- | |Dinner |38.90 | | | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- |(14) |Interstate | | | | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- | |Breakfast |15.75 | | | +------+--------------+-----------+--------+-------+-------------- | |Lunch |27.70 | | | +------+--------------+-----------+--------+-------+-------------- | |Dinner |38.90 | | | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- |DEDUCTION FOR NORMAL LIVING EXPENSES (CLAUSE 23(4)) | | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- |(15) |Each Adult |22.75 | | | +------+--------------+-----------+--------+-------+-------------- |(16) |Each Child |3.90 | | | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- |MIDDAY MEAL (CLAUSE 21(11)) | +------+--------------+-----------+--------+-------+-------------- | | | | | | +------+--------------+-----------+--------+-------+-------------- |(17) |Rate per meal |5.50 | | | +------+--------------+-----------+--------+-------+-------------- |(18) |Maximum |27.50 | | | | |reimbursement | | | | | |per pay period | | | | +------+--------------+-----------+--------+-------+-------------- | | | | | | | +------+--------------+-----------+--------+-------+-------------- | | | | | | | +------+--------------+-----------+--------+-------+-------------- | | | | | | | +------+--------------+-----------+--------+-------+-------------- The allowances prescribed in this clause shall be varied in accordance with any movement in the equivalent allowances in the Public Service Award, 1992.
27. - REMOVAL ALLOWANCE
(1) When an employee is transferred in the employer's interest or in the
ordinary course of promotion or transfer, or on account of illness due to
causes over which the employee has no control, he shall be reimbursed:
(a) The actual reasonable cost of conveyance of the employee and
dependants.
(b) The actual cost (including insurance) of the conveyance of an
employees household furniture effects and appliances up to a maximum
volume of 35 cubic metres, provided that a larger volume may be
approved buy the employer in special cases.
(c) An allowance of $519.00 for accelerated depreciation and extra wear
and tear on furniture, effects and appliances for each occasion that
an employee is required to transport furniture, effects and
appliances. Provided that the employer is satisfied that the value of
household furniture, effects and appliances moved by the employee is
at least $3,106.00.
(2) An employee who is transferred solely at his own request or on account
of misconduct must bear the whole cost of his removal unless otherwise
determined by the employer prior to removal.
(3) An employee shall be reimbursed the full freight charges necessarily
incurred in respect of the removal of his motor vehicle. If authorised by
the employer to travel to a new locality in his own motor vehicle,
reimbursement shall be as follows:
(a) Where the employee will be required to maintain a motor vehicle for
use on official business at his new headquarters, reimbursement for
the distance necessarily travelled shall be on the basis of the
appropriate rate prescribed by clause 21 - Motor Vehicle Allowance of
this award.
(b) Where the employee will not be required to maintain a motor vehicle
for use on official business at his new headquarters, reimbursement
for the distance necessarily travelled shall be on the basis of
one-half of the appropriate rate prescribed by clause 21 - Motor
Vehicle Allowance of this award.
(4) Where practicable furniture, effects and appliances, shall be removed
by State-owned transport. Where it is impracticable to use State-owned
transport the employee shall, before removal is undertaken, obtain quotes
from at least two carriers which shall be submitted to the employer, who
may authorise the acceptance of the more suitable: Provided that the
maximum amount prescribed by subclause (1)(b) of this clause is not
exceeded without written the approval of the employer having first been
obtained.
(5) The employer may, in lieu of conveyance, authorise payment of an amount
not exceeding the maximum prescribed by subclause (1)(b) of this clause to
compensate for loss in any case where an employee with prior approval of
the employer disposes of his furniture, effects and appliances instead of
removing them to his new headquarters: Provided that such payment shall
not exceed the sum which would have been paid if such furniture, effects
and appliances had been removed by the cheapest method of transport
available.
(6) Where an employee is transferred to the employer's accommodation where
furniture is provided and as a consequence is obliged to store furniture,
the employee shall be reimbursed the actual cost of such storage up to a
maximum allowance of $964.00 per annum. Actual cost is deemed to include
the premium for adequate insurance coverage of the value of the furniture
stored. An allowance under this subclause shall not be paid for a period
in excess of four years without the approval of the employer.
Provided that nothing in this subclause shall preclude the employer
from reimbursing an employee the actual cost of storage where it
exceeds the prescribed maximum allowance, if the employer considers
that cost has been necessarily and reasonably incurred in the
circumstances of a particular case.
(7) Newly appointed employees shall be entitled to receive the benefits of
this clause if they are required by the employer to participate in any
training course prior to being posted to their respective positions. This
entitlement shall only be available to employees who have completed their
training and who incur costs when moving to their first posting.
(8) Receipts must be produced for all such sums claimed.
28. - DIRTY WORK A special allowance, to be determined by the employer shall be paid to an employee when engaged in any dirty work (including moving or sorting old books and documents) which is not part of the regular duty of the employee concerned: Provided that a dispute or disagreement as to the amount of such allowance shall be referred to the Board of Reference.
29. - CONSULTATION AND ENTERPRISE BARGAINING
(1) The parties to this award are committed to co-operating positively to
increase the efficiency, effectiveness and productivity of Activ
Foundation and to enhance the career opportunities and job security of
employees.
(2) At each plant or enterprise, the employer, the employees and their
relevant union or unions may establish a consultative mechanism and
procedures appropriate to the size, structure and needs of that plant or
enterprise. Measures raised by the employer, employees or union for
consideration consistent with the objectives of subclause (1) herein shall
be processed through that consultative mechanism and procedures so long as
measures raised and agreements are consistent with State and National Wage
fixation guidelines.
(3) Any agreement to vary the award shall be processed in accordance with
the Industrial Relations Act, 1979 and shall be subject to approval by the
Western Australian Industrial Relations Commission.
(4) Nothing in this clause shall operate so as to limit or impinge upon the
statutory rights of the employers and the union pursuant to the aforesaid
Act.
30. - SHIFT WORK
(1) (a) The loading on the ordinary rates of pay for an afternoon or night
shift of seven and one half hours, worked in ordinary hours, shall be the
same rate as prescribed from time to time in Clause 5. - Shift Work
Allowance, subclause (a) of the Public Service Shift Work Agreement, 1978,
No. 24 of 1978.
(b) For the purposes of this subclause:-
(i) Day Shift shall mean a shift which commences after 6.00 a.m.
and before 12.00 midday.
(ii) Afternoon Shift shall mean a shift which commences at or after
12.00 midday and before 6.00 p.m.
(iii) Night Shift shall mean a shift which commences at or after
6.00 p.m. and before 6.01 a.m.
(2) (a) Shift work performed during ordinary hours on Saturdays or Sundays
shall be paid for at the rate of time and a half and on the days
prescribed in subclause (1) of clause 16 - Holidays and Annual Leave it
shall be paid in accordance with subclause (3)(a) of clause 16 hereof.
(b) The rates prescribed in this subclause shall be in substitution for
and not cumulative on the rates prescribed in subclause (1) of this
clause.
(c) Work performed by an employee in excess of the ordinary hours of
his shift, or on a rostered day off, shall be paid for in accordance
with clause 14. - Overtime.
31. - PROTECTIVE CLOTHING AND UNIFORMS
(1) (a) The employer may supply and require to be worn such protective
clothing as is considered necessary.
(b) The employer may supply uniforms and require them to be worn at all
times when he considers it necessary.
(c) Protective clothing or uniforms supplied under paragraphs (a) or
(b) of this subclause shall be laundered free of charge and remain the
property of the employer.
(2) When the employer requires a uniform to be worn, such uniform shall be
supplied in accordance with paragraph (b) of subclause (1) of this clause
or an allowance shall be paid to each staff member required to wear a
uniform. The amount of such allowance shall be agreed upon between the
employer and the Association or, failing agreement, as may be determined
by the Board of Reference.
32. - DISTRICT ALLOWANCE
(1) Definitions
For the purpose of this clause -
(a) Dependant in relation to an employee means -
(i) a spouse; or
(ii) 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.
(b) Partial Dependant in relation to an employee means -
(i) a spouse; or
(ii) 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.
(c) Spouse means an employee's spouse including de facto spouse.
(d) 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) District Allowance
(a) An employee shall be paid district allowance at the standard rate
prescribed in Column II of subclause (7) of this clause for the
district in which his headquarters are located. Provided that where
the employee's headquarters are situated in a town or place specified
in Column III of subclause (7) the employee shall be paid a district
allowance at the rate appropriate to that town or place as prescribed
in Column IV in the said subclause.
(b) An employee who has a dependant shall be paid double the district
allowance prescribed by paragraph (a) of this subclause for the
district, town or place in which the employee's headquarters are
located.
(c) Where an employee has a partial dependant the total district
allowance payable to the officer shall be the district allowance
prescribed by paragraph (a) of this subclause plus an allowance
equivalent to the difference between the rate of district or location
allowance the partial dependant receives and 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.
(d) When an employee is on approved recreational leave for the period
of such leave, be paid the district allowance to which he or she would
ordinarily be entitled.
(e) When an employee is on long service leave or other approved leave
with pay (other than recreational leave) the employee shall only be
paid district allowance for the period of such leave if the employee,
dependant/s or partial dependant/s remain in the district or as
otherwise approved by the employer.
(f) 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.
(g) Except as provided in paragraph (f) of this subclause, 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.
(h) Where an employee whose headquarters are located in a district in
respect of which no allowance prescribed in subclause (7) 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, then notwithstanding the employee's
entitlement to any such allowance provided by Clause 21. - Travelling,
or Clause 24. - Relieving or Special Duty, the employee shall be paid
for the whole of such period a district allowance at the appropriate
rate prescribed by paragraph (a), (b) or (c) of this subclause, for
the district in which the employee spends the greater period of time.
(i) When an employee is provided with free board and lodging by the
employee 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.
(3) Part-Time Employees
An employee who is employed on a part-time basis shall be paid a
proportion of the appropriate district allowance payable in accordance
with the following formula -
+--------------------------+-+----------------------------
|Hours worked per fortnight |x | Appropriate District |
| | | Allowance |
+--------------------------+-+----------------------------
| 75 | | 1 |
+--------------------------+-+----------------------------
(4) Transition
An employee who immediately prior to 1 July 1989 was in receipt of
district allowance at a rate which was greater than the amount to
which the employee is entitled under this clause shall have the
difference reduced in accordance with the following -
(a) As from the first pay period commencing on or after 1 July 1989 the
difference shall be reduced by 33 1/3 per cent; and
(b) As from the first pay period commencing on or after 1 January 1990
the difference remaining between the amount paid pursuant to (a) above
and that to which the employee is otherwise entitled under this clause
shall be reduced by 50 per cent; and
(c) As from the first pay period commencing on or after 1 July 1990
payment shall be in accordance with the employee's entitlement under
this clause.
(5) Boundaries
For the purpose of subclause (7) of this clause, the boundaries of the
various districts shall be as described hereunder and as delineated on
the following plan.
District -
1. The area within a line commencing on coast; thence east along lat.
28 to a point north of Tallering Peak; thence due south to Tallering
Peak; thence south-east to Mt Gibson and Burracoppin; thence to a
point south-east at the junction of lat. 32 and long. 119; thence
south along long. 119 to coast.
2. That area within a line commencing on the south coast at long. 119
then east along the coast to long. 123; thence north along long. 123
to a point on lat. 30; thence west along lat. 30 to the boundary of
No. 1 District.
3. The area within a line commencing on coast at lat. 26; thence along
lat. 26 to long. 123; thence south along long. 123 to the boundary of
No. 2 District.
4. The area within a line commencing on the coast at lat. 24; thence
east to the South Australian border; thence south to the coast; thence
along the coast to long. 123; thence north to the intersection of lat.
26; thence west along lat. 26 to the coast.
5. That area of the State situated between the lat. 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.
(6) Adjustment of Rates
The allowances prescribed in this clause shall be varied in accordance
with any movement in the equivalent allowances in the Public Service
Award 1992.
(7) District Allowances
(a) Officers without dependants (subclause (2)(a))
+------------+----------+---------------------+---------
| COLUMN I | COLUMN II | COLUMN III |COLUMN IV |
+------------+----------+---------------------+---------
| | | | |
+------------+----------+---------------------+---------
|DISTRICT NO. | STANDARD | EXCEPTIONS TO | |
+------------+----------+---------------------+---------
| | RATE | STANDARD RATE | |
+------------+----------+---------------------+---------
| | $ p.a. | TOWN OR PLACE | $ p.a |
+------------+----------+---------------------+---------
| | | | |
+------------+----------+---------------------+---------
| | | | |
+------------+----------+---------------------+---------
| 6 | 3,569 |Nil | Nil |
+------------+----------+---------------------+---------
| | | | |
+------------+----------+---------------------+---------
| 5 | 2,920 |Fitzroy Crossing | 3,933 |
+------------+----------+---------------------+---------
| | |Halls Creek | |
+------------+----------+---------------------+---------
| | |Turner River Camp | |
+------------+----------+---------------------+---------
| | |Nullagine | |
+------------+----------+---------------------+---------
| | | | |
+------------+----------+---------------------+---------
| | |Liveringa (Camballin) | 3,655 |
+------------+----------+---------------------+---------
| | |Marble Bar | |
+------------+----------+---------------------+---------
| | |Wittenoom | |
+------------+----------+---------------------+---------
| | | | |
+------------+----------+---------------------+---------
| | |Karratha | 3,438 |
+------------+----------+---------------------+---------
| | | | |
+------------+----------+---------------------+---------
| | |Port Hedland | 3,199 |
+------------+----------+---------------------+---------
| | | | |
+------------+----------+---------------------+---------
| 4 | 1,471 |Warburton Mission | 3,952 |
+------------+----------+---------------------+---------
| | | | |
+------------+----------+---------------------+---------
| | |Carnarvon | 1,385 |
+------------+----------+---------------------+---------
| | | | |
+------------+----------+---------------------+---------
| 3 | 927 |Meekatharra | 1,471 |
+------------+----------+---------------------+---------
| | |Mount Magnet | |
+------------+----------+---------------------+---------
| | |Wiluna | |
+------------+----------+---------------------+---------
| | |Laverton | |
+------------+----------+---------------------+---------
| | |Leonora | |
+------------+----------+---------------------+---------
| | |Cue | |
+------------+----------+---------------------+---------
| | | | |
+------------+----------+---------------------+---------
| 2 | 665 |Kalgoorlie | 222 |
+------------+----------+---------------------+---------
| | |Boulder | |
+------------+----------+---------------------+---------
| | | | |
+------------+----------+---------------------+---------
| | |Ravensthorpe | 878 |
+------------+----------+---------------------+---------
| | |Norseman | |
+------------+----------+---------------------+---------
| | |Salmon Gums | |
+------------+----------+---------------------+---------
| | |Marvel Loch | |
+------------+----------+---------------------+---------
| | |Esperance | |
+------------+----------+---------------------+---------
| | | | |
+------------+----------+---------------------+---------
| 1 | Nil |Nil | Nil |
+------------+----------+---------------------+---------
| | | | |
+------------+----------+---------------------+---------
(b) Officers with dependants (Subclause (2)(b))
Double the appropriate rate as prescribed in (a) above for officers
without dependants.
33. - SALARY PACKAGING
(1) For the purposes of this award 'salary packaging' shall mean an
arrangement whereby the wage or salary benefit arising under a contract of
employment is reduced, with another or other benefits to the value of the
replaced salary being substituted and due to the employee.
(2) The employer and an employee bound by this award may enter into a
salary packaging arrangement subject to the following:
(a) The employer shall take all reasonable steps to ensure that any
salary package complies with taxation and other relevant laws;
(b) The agreement shall be in writing and the employer is to provide a
copy to the employee before the arrangement comes into effect;
(c) The agreement shall include details of the employee's
classification and salary level applying immediately prior to the
salary packaging, coming into effect, and the details of the package;
(d) The value of any agreed salary package, viewed objectively, shall
not be less than the value of entitlements under this award which
otherwise apply;
(e) An agreed salary package is not to add to the employer's total
employment cost. Accordingly:
(i) the employer is entitled to charge the employee a reasonable
administration fee to cover the cost incurred by the employer in
providing and administering salary packaging but the fee charged
is not to lower its total employment cost;
(ii) Any additional tax, charges, penalties or costs that may
become payable by the employer or employee after an agreement to
salary package is entered into as a direct result of providing
salary packaging, shall be borne by the employee;
(f) Employees may package salary up to the maximum amount that may be
packaged without the employer or employee incurring additional tax;
(g) Subject to applicable taxation laws and provided there is
reasonable cause, the employer or the employee may terminate the
salary packaging agreement by the giving of one month's notice, or by
agreement between the employer and the employee, by the giving of a
lesser period of notice. Reasonable cause shall include circumstances
where the provision of salary packaging is no longer or will no
longer, be at no cost to the employer;
(3) An employer shall not unreasonably withhold agreement to salary
packaging on request from an employee.
(4) In the event of a dispute arising concerning the operation of this
clause the dispute shall be resolved in accordance with Appendix
-Resolution of Disputes Requirements to this Award.
(5) The provisions of this clause shall not apply to casual employees
34. - CHANNEL OF COMMUNICATION During the currency of this award no employer shall recognise or negotiate with any organised body other than the Association in regard to the conditions of employment of employees covered by this award.
35. - BOARD OF REFERENCE There is hereby appointed for the purpose of this award a Board of Reference to be constituted in accordance with section 48 of the Industrial Arbitration Act 1979. The Board of Reference is assigned the function of altering, approving, fixing or determining any matter which under this award may be allowed, approved, fixed or determined by the Board of Reference.
36. - PART-TIME EMPLOYEES
(1) Notwithstanding anything contained in this award, an employee may be
regularly employed to work less hours per week than are prescribed in
clause 13. - Hours and such hours may be worked in less than five days per
week.
(2) When an employee is employed under the provisions of this clause, he
shall be paid at a rate pro-rata to the rate prescribed for the class of
work on which he is engaged in the proportion to which his weekly hours
bear to the weekly hours of an employee engaged full-time in that class of
work.
(3) When an employee is engaged under the provisions of this clause, he
shall be entitled to the same leave, penalties and other conditions as
prescribed in the award for full-time employees, with payment being in the
proportion to which his weekly hours bear to the weekly hours of an
employee engaged full-time in that class of work.
37. - CASUAL EMPLOYEES
(1) Casual Employee shall mean an employee engaged by the hour for a period
of less than four consecutive weeks in any period of engagement.
(2) A casual employee shall be paid one-seventy-fifth of the ordinary
fortnightly rate of salary prescribed by this award for the classification
in which the casual employee is employed for each hour so employed, with
the addition of twenty per centum.
38. - DELETED
39. - PRESENT PRACTICE The present practice with respect to the supply of motor vehicles and the part payment of telephone rentals shall continue, provided that the employer may after discussion with the union change that practice upon giving reasonable notice to the persons concerned. Provided further that in the event of a dispute between the employer and the union over a proposed change no action to effect the change shall be made until the dispute is settled pursuant to the provisions of the Industrial Arbitration Act, 1979.
40. - DELETED
41. - DELETED
42. - LEAVE TO ATTEND UNION BUSINESS
(1) (a) The Employer shall grant paid leave during ordinary working hours
to an employee:
(i) who is required to give evidence before any Industrial Tribunal;
(ii) who as a Union nominated representative of the employees is
required to attend negotiations and/or conferences between the
Union and employer;
(iii) when prior agreement between the Union and employer has been
reached for the employee to attend official Union meetings
preliminary to negotiations or industrial hearings;
(iv) who as a Union nominated representative of the employees is
required to attend joint Union/Management consultative Committees
or working parties.
(b) The granting of leave pursuant to paragraph (a) of this subclause
shall only be approved:
(i) where an application for leave has been submitted by an
employee a reasonable time in advance;
(ii) for the minimum period necessary to enable the Union business
to be conducted or evidence to be given;
(iii) for those employees whose attendance is essential;
(iv) when the operation of the organisation is not being unduly
affected and the convenience of the employer impaired.
(2) (a) Leave of absence will be granted at the ordinary rate of pay.
(b) The employer shall not be liable for any expenses associated with
an employee attending to Union business.
(c) Leave of absence granted under this Clause shall include any
necessary travelling time in normal working hours.
(3) (a) Nothing in this Clause shall diminish the existing arrangements
relating to the granting of paid leave for Union business.
(b) An employee shall not be entitled to paid leave to attend Union
business other than as prescribed by this Clause.
(c) The provisions of this Clause shall not apply to special
arrangements made between the parties which provide for unpaid leave
for employees to conduct Union business.
(4) The provisions of this Clause shall not apply when an employee is
absent from work without the approval of the employer.
43. - TRADE UNION TRAINING LEAVE
(1) Subject to the provisions of this Clause:-
(a) The employer shall grant paid leave of absence to employees who are
nominated by their Union to attend short courses conducted by the
Australian Trade Union Training Authority.
(b) Paid leave of absence shall also be granted to attend similar
courses or seminars as from time to time approved by agreement between
the parties.
(2) An employee shall be granted up to a maximum of five days paid leave
per calendar year for Trade Union Training or similar Courses or Seminars
as approved. However, leave of absence in excess of five days and up to
ten days may be granted in any one calendar year provided that the total
leave being granted in that year and in the subsequent year does not
exceed ten days.
(3) (a) Leave of absence will be granted at the ordinary rate of pay and
shall not include shift allowance, penalty rates or overtime.
(b) Where a public holiday or rostered day off falls during the
duration of a course, a day off in lieu of that day will not be
granted.
(4) Subject to subclause (3) of this Clause, Shift Workers attending a
course shall be deemed to have worked the shifts they would have worked
had leave not been taken to attend the course.
(5) The granting of leave pursuant to the provisions of subclause (1) of
this Clause is subject to the operation of the organisation not being
unduly affected and to the convenience of the employer.
(6) (a) Any application by an employee shall be submitted to the employer
for approval at least four weeks before the commencement of the course,
provided that the employer may agree to a lesser period of notice.
(b) All applications for leave shall be accompanied by a Statement from
the relevant Union indicating that the employee has been nominated for
the course. The application shall provide details as to the subject,
commencement date, length of course, venue and the authority which is
conducting the course.
(7) A qualifying period of 12 months in employment shall be served before
an employee is eligible to attend Courses or Seminars of more than
one-half day duration. An employer may, where special circumstances exist,
approve an application to attend a Course or Seminar where an employee has
less than 12 months' service.
(8) (a) The employer shall not be liable for any expenses associated with
an employee's attendance at Trade Union Training Courses.
(b) Leave of absence granted under this Clause shall include any
necessary travelling time in normal working hours immediately before
or after the course.
44. - INTRODUCTION OF CHANGE
(1) (a) Where the employer has made a definite decision to introduce major
changes in production, programme, organisation, structure or technology
that are likely to have significant effects on employees, the employer
shall notify the employees who may be affected by the proposed changes and
the Association.
(b) Significant effects include termination of employment, major
changes in the composition, operation or size of the employer's
workforce or in the skills required; the elimination or diminution of
job opportunities, promotion opportunities or job tenure; the
alteration of hours of work; the need for retraining or transfer of
employees to other work or locations and restructuring of jobs.
Provided that where the Award makes provision for alteration of any of
the matters referred to herein an alteration shall be deemed not to
have significant effect.
(2) (a) The employer shall discuss with the employees affected and the
Association, inter alia, the introduction of the changes referred to in
subclause (1) hereof, the effects the changes are likely to have on
employees, measures to avert or mitigate the adverse effects of such
changes on employees and shall give prompt consideration to matters raised
by the employees and/or the Association in relation to the changes.
(b) The discussion shall commence as early as practicable after a firm
decision has been made by the employer to make the changes referred to
in subclause (1) hereof.
(c) For the purposes of such discussion, the employer shall provide to
the employees concerned and the Association, all relevant information
about the changes including the nature of the changes proposed; the
expected effects of the changes on employees and any other matters
likely to affect employees provided that the employer shall not be
required to disclose confidential information the disclosure of which,
would be inimical to its interests.
45. - FLEXIBILITY AGREEMENT
(1) (a) Employers and employees covered by this award, may reach agreement
to apply to vary any provision of this award to meet the requirements of
the employers business and the aspirations of the employees concerned.
(b) Such agreements shall be subject to the procedures contained in
subclause (2) of this clause.
(2) (a) The employer shall advise the Union of their intention to commence
discussions with employees to develop an Agreement.
(b) The proposed variations shall be committed to writing, and shall be
the subject of negotiation between the persons directly concerned with
their effect. The particular consultative mechanism and procedures
shall be appropriate to the size, structure, and needs of the
enterprise or workplace.
(c) Nothing in this clause shall prevent the employees from seeking
advice from, or representation by, the union during such negotiations,
nor prevent the union from being party to the consultative processes.
(d) Any agreement reached out of this negotiation process shall be
committed to writing and copies shall be made available to all
employees at the enterprise or workplace. If the union has not been
involved in the negotiations, a copy shall be sent to the Secretary of
the Union.
(e) Where the agreement represents the consent of the employer and the
majority of the employees concerned, the union shall not unreasonably
oppose the terms of that agreement.
(f) The Agreement must meet the following requirements:
(i) That the majority of employees covered by the Agreement
genuinely agree to it.
(ii) The terms and conditions of any agreement developed in
accordance with this clause shall be, in aggregate, no less
favourable to the employees than those prescribed by the Award.
(iii) The Commission's safety net standards are not diminished.
(3) Any agreement to vary the award shall be processed in accordance with
section 40 of the Industrial Relations Act 1979 and shall be subject to
approval by the Western Australian Industrial Relations Commission. If
approved it shall operate as a schedule to the award and take precedence
over any inconsistency.
(4) Provided that nothing in this clause shall be taken as limiting the
rights of any of the parties to apply to give effect to an enterprise
agreement under any other provision of the Industrial Relations Act 1979.
APPENDIX - RESOLUTION OF DISPUTES REQUIREMENTS
(1) 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).
(2) Any dispute or grievance procedure in this award/industrial agreement
shall also apply to any questions, disputes or difficulties which may
arise under it.
(3) With effect from 22 November 1997 the dispute or grievance procedures
in this award/industrial agreement is hereby varied to include the
requirement that persons involved in the question, dispute or difficulty
will confer among themselves and make reasonable attempts to resolve
questions, disputes or difficulties before taking those matters to the
Commission.
SCHEDULE A - NAMED UNION PARTY Health Services Union of Western Australia (Union of Workers) is a named party to this Award
SCHEDULE B - MINIMUM SALARIES
(1) Subject to the provision of Clause 10. Salaries and to the provisions
of this schedule the minimum annual salaries for employees bound by the
award are set out hereinafter.
(2) Minimum Salaries
+---------------------------+---------+--------+--------
|LEVELS | CURRENT | ASNA | NEW |
+---------------------------+---------+--------+--------
| | | | |
+---------------------------+---------+--------+--------
|Level 1 Under 17 Years Of | 11363 | 4529 | 15892 |
|Age | | | |
+---------------------------+---------+--------+--------
|17 Years Of Age | 13270 | 5289 | 18559 |
+---------------------------+---------+--------+--------
|18 Years Of Age | 15490 | 6174 | 21664 |
+---------------------------+---------+--------+--------
|19 Years Of Age | 17929 | 7146 | 25075 |
+---------------------------+---------+--------+--------
|20 Years Of Age | 20135 | 8025 | 28160 |
+---------------------------+---------+--------+--------
|21 Years Of Age 1st Year Of | 22117 | 8815 | 30932 |
|Service | | | |
+---------------------------+---------+--------+--------
|22 Years Of Age 2nd Year Of | 22771 | 8815 | 31586 |
|Service | | | |
+---------------------------+---------+--------+--------
|23 Years Of Age 3rd Year Of | 23421 | 8815 | 32236 |
|Service | | | |
+---------------------------+---------+--------+--------
|24 Years Of Age 4th Year Of | 24069 | 8920 | 32989 |
|Service | | | |
+---------------------------+---------+--------+--------
| | | | |
+---------------------------+---------+--------+--------
|Level 2 | 24720 | 8920 | 33640 |
+---------------------------+---------+--------+--------
| | 25371 | 8920 | 34291 |
+---------------------------+---------+--------+--------
| | 26120 | 8816 | 34936 |
+---------------------------+---------+--------+--------
| | 26638 | 8816 | 35454 |
+---------------------------+---------+--------+--------
| | 27403 | 8816 | 36219 |
+---------------------------+---------+--------+--------
| | | | |
+---------------------------+---------+--------+--------
|Level 3 | 28307 | 8816 | 37123 |
+---------------------------+---------+--------+--------
| | 29010 | 8816 | 37826 |
+---------------------------+---------+--------+--------
| | 29749 | 8816 | 38565 |
+---------------------------+---------+--------+--------
| | 30928 | 8816 | 39744 |
+---------------------------+---------+--------+--------
| | | | |
+---------------------------+---------+--------+--------
|Level 4 | 31545 | 8816 | 40361 |
+---------------------------+---------+--------+--------
| | 32470 | 8816 | 41286 |
+---------------------------+---------+--------+--------
| | 33421 | 8816 | 42237 |
+---------------------------+---------+--------+--------
| | 34772 | 8711 | 43483 |
+---------------------------+---------+--------+--------
| | | | |
+---------------------------+---------+--------+--------
|Level 5 | 35476 | 8711 | 44187 |
+---------------------------+---------+--------+--------
| | 36443 | 8711 | 45154 |
+---------------------------+---------+--------+--------
| | 37438 | 8607 | 46045 |
+---------------------------+---------+--------+--------
| | 38462 | 8607 | 47069 |
+---------------------------+---------+--------+--------
| | | | |
+---------------------------+---------+--------+--------
|Level 6 | 40434 | 8607 | 49041 |
+---------------------------+---------+--------+--------
| | 41898 | 8607 | 50505 |
+---------------------------+---------+--------+--------
| | 43978 | 8607 | 52585 |
+---------------------------+---------+--------+--------
| | | | |
+---------------------------+---------+--------+--------
|Level 7 | 45091 | 8607 | 53698 |
+---------------------------+---------+--------+--------
| | 46501 | 8607 | 55108 |
+---------------------------+---------+--------+--------
| | 47962 | 8607 | 56569 |
+---------------------------+---------+--------+--------
| | | | |
+---------------------------+---------+--------+--------
|Level 8 | 50097 | 8607 | 58704 |
+---------------------------+---------+--------+--------
| | 51847 | 8607 | 60454 |
+---------------------------+---------+--------+--------
| | | | |
+---------------------------+---------+--------+--------
|Level 9 | 54495 | 8607 | 63102 |
+---------------------------+---------+--------+--------
| | 56337 | 8607 | 64944 |
+---------------------------+---------+--------+--------
| | | | |
+---------------------------+---------+--------+--------
|Level 10 | 58354 | 8607 | 66961 |
+---------------------------+---------+--------+--------
| | 61598 | 8607 | 70205 |
+---------------------------+---------+--------+--------
| | | | |
+---------------------------+---------+--------+--------
|Level 11 | 64189 | 8607 | 72796 |
+---------------------------+---------+--------+--------
| | 66824 | 8607 | 75431 |
+---------------------------+---------+--------+--------
| | | | |
+---------------------------+---------+--------+--------
|Level 12 | 70437 | 8607 | 79044 |
+---------------------------+---------+--------+--------
| | 72878 | 8607 | 81485 |
+---------------------------+---------+--------+--------
| | 75662 | 8607 | 84269 |
+---------------------------+---------+--------+--------
An employee, who is 21 years of age or older on appointment to a
classification equivalent to Level 1, may be appointed to the minimum
rate of pay based on years of service, not on age.
Where State Wage Case decisions of the Western Australian Industrial
Relations Commission result in an expressed money adjustment to adult
(21 years and over) salaries under this clause, the rates for Level 1
employees under 21 years shall be calculated using the following
formula:
Current junior rate Current Level 1 (21 years, 1st year of service)
rate x ASNA rate for Level 1 (21 years, 1st year of service) = Junior
ASNA rate.
The junior ASNA rate is added to the Current Junior Rate to obtain the
applicable New Junior rate.
(3) Salaries Specified Callings and Other Professionals
(a) Employees, who possess a relevant tertiary level qualification, or
equivalent as agreed between the union and the employers, and who are
employed in the callings of Librarian, Program Development, or any
other professional calling as agreed between the union and employers,
shall be entitled to Annual Salaries as follows:
+----------------+--------+----------+--------
|LEVELS | CURRENT | ASNA | NEW |
+----------------+--------+----------+--------
| | | | |
+----------------+--------+----------+--------
|LEVEL 3/5 | 28307 | 8816 | 37123 |
+----------------+--------+----------+--------
| | 29749 | 8816 | 38565 |
+----------------+--------+----------+--------
| | 31545 | 8816 | 40361 |
+----------------+--------+----------+--------
| | 33421 | 8816 | 42237 |
+----------------+--------+----------+--------
| | 36443 | 8711 | 45154 |
+----------------+--------+----------+--------
| | 38462 | 8607 | 47069 |
+----------------+--------+----------+--------
| | | | |
+----------------+--------+----------+--------
|LEVEL 6 | 40434 | 8607 | 49041 |
+----------------+--------+----------+--------
| | 41898 | 8607 | 50505 |
+----------------+--------+----------+--------
| | 43978 | 8607 | 52585 |
+----------------+--------+----------+--------
| | | | |
+----------------+--------+----------+--------
|LEVEL 7 | 45091 | 8607 | 53698 |
+----------------+--------+----------+--------
| | 46501 | 8607 | 55108 |
+----------------+--------+----------+--------
| | 47962 | 8607 | 56569 |
+----------------+--------+----------+--------
| | | | |
+----------------+--------+----------+--------
|LEVEL 8 | 50097 | 8607 | 58704 |
+----------------+--------+----------+--------
| | 51847 | 8607 | 60454 |
+----------------+--------+----------+--------
| | | | |
+----------------+--------+----------+--------
|LEVEL 9 | 54495 | 8607 | 63102 |
+----------------+--------+----------+--------
| | 56337 | 8607 | 64944 |
+----------------+--------+----------+--------
| | | | |
+----------------+--------+----------+--------
|LEVEL 10 | 58354 | 8607 | 66961 |
+----------------+--------+----------+--------
| | 61598 | 8607 | 70205 |
+----------------+--------+----------+--------
| | | | |
+----------------+--------+----------+--------
|LEVEL 11 | 64189 | 8607 | 72796 |
+----------------+--------+----------+--------
| | 66824 | 8607 | 75431 |
+----------------+--------+----------+--------
| | | | |
+----------------+--------+----------+--------
|LEVEL 12 | 70437 | 8607 | 79044 |
+----------------+--------+----------+--------
| | 72878 | 8607 | 81485 |
+----------------+--------+----------+--------
| | 75662 | 8607 | 84269 |
+----------------+--------+----------+--------
| | | | |
+----------------+--------+----------+--------
(b) Subject to subclause (d) of this clause, on appointment or
promotion to the Level 3/5 under this clause
(i) Employees, who have completed an approved three academic year
tertiary qualification, relevant to their calling, shall commence
at the first year increment.
(ii) Employees, who have completed an approved four academic year
tertiary qualification, relevant to their calling, shall commence
at the second year increment.
(iii) Employees, who have completed an approved Masters or PHD
degree relevant to their calling, shall commence on the third year
increment.
Provided that employees who attain a higher tertiary level
qualification after appointment shall not be entitled to any
advanced progression through the range.
(c) The employer and union shall be responsible for determining the
relevant acceptable qualifications for appointment for the callings
covered by this clause and shall maintain a manual setting out such
qualifications.
(d) The employer in allocating levels pursuant to clause (3) of this
schedule may determine a commencing salary above level 3/5 for a
particular calling/s.
(4) 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.
SCHEDULE C CLASSIFICATION AND GRADING OF WORKERS +------------------------------------------------+------+-------------- |Title | Table |Classification | +------------------------------------------------+------+-------------- |Deputy Executive Director | A2 | 10 | +------------------------------------------------+------+-------------- |Superintendent of Residential Services | A2 | 7 | +------------------------------------------------+------+-------------- |Superintendent of Workshops | A2 | 7 | +------------------------------------------------+------+-------------- |Accountant | A2 | 7 | +------------------------------------------------+------+-------------- |Co-Ordinator (Support Services) | A2 | 4 | +------------------------------------------------+------+-------------- |Recreation Officer | A2 | 4 | +------------------------------------------------+------+-------------- |Internal Auditor | A2 | 4 | +------------------------------------------------+------+-------------- |Planning Officer | A2 | 4 | +------------------------------------------------+------+-------------- |Administration Officer | A2 | | +------------------------------------------------+------+-------------- |Administrative Assistant | A2 | | +------------------------------------------------+------+-------------- |Assistant Accountant | A2 | 3 | +------------------------------------------------+------+-------------- |Data Processing Officer | A2 | 3 | +------------------------------------------------+------+-------------- |Payroll Clerk | A2 | 3 | +------------------------------------------------+------+-------------- |Personnel Officer | A2 | 2/3 | +------------------------------------------------+------+-------------- |Research Officer | A2 | 2/3 | +------------------------------------------------+------+-------------- |Administrative Clerk | A2 | 2 | +------------------------------------------------+------+-------------- |Senior Clerk | A2 | 2 | +------------------------------------------------+------+-------------- |Voluntary Staff Co-Ordinator | A2 | 2 | +------------------------------------------------+------+-------------- |Assistant Co-Ordinator (Support Services) | A2 | | +------------------------------------------------+------+-------------- |Public Relations Officer | A2 | | +------------------------------------------------+------+-------------- |Senior Clerk | A2 | 1 | +------------------------------------------------+------+-------------- |Clerk | A2 | 1 | +------------------------------------------------+------+-------------- |Secretary | A4 | 1/3 Minimum | +------------------------------------------------+------+-------------- |Typist | A4 | 1 | +------------------------------------------------+------+-------------- |Clerk | A1 | | +------------------------------------------------+------+-------------- |Computer Operator | A4 | 1 | +------------------------------------------------+------+-------------- |Receptionist/Typist | A3 | | +------------------------------------------------+------+-------------- |Clerk | A3 | | +------------------------------------------------+------+-------------- |Typist | A3 | | +------------------------------------------------+------+-------------- |Receptionist | A3 | | +------------------------------------------------+------+-------------- |Clerical Assistant | A1A | | +------------------------------------------------+------+-------------- |Regional Administrator | B2 | 5 | +------------------------------------------------+------+-------------- |Transport Manager | B2 | 4/5 | +------------------------------------------------+------+-------------- |Manager, Activ Industries | B2 | 8/9 | +------------------------------------------------+------+-------------- |Manager (Addwest - Bunbury, Collier, Embleton, | B2 | 7 | |Fremantle, Hawkevale, Osborne Park) | | | +------------------------------------------------+------+-------------- |Residential Manager (Albany, Busselton, Clem | B2 | 6/7 Inter | |Booth, Gelorup, Hawkevale, Karingal) | | | +------------------------------------------------+------+-------------- |Manager (Addwest - Albany, Esperance, Geraldton, | B2 | 6 | |Hawkevale Nursery, Kalgoorlie, Rockingham) | | | +------------------------------------------------+------+-------------- |Commercial Manager, Activ Industries | B2 | 6 | +------------------------------------------------+------+-------------- |Assistant Manager (Addwest - Bunbury, Collier, | B2 | 5/6 Minimum | |Embleton, Fremantle, Hawkevale, Osborne Park) | | | +------------------------------------------------+------+-------------- |Residential Manager (Bunbury, Iris Litis | B2 | 5/6 Minimum | |Kellerberrin, Pelican Pre-School, Traylen Road) | | | +------------------------------------------------+------+-------------- |Training Centre Supervisor | B2 | 2 | +------------------------------------------------+------+-------------- |Assistant Recreation Officer | B2 | | +------------------------------------------------+------+-------------- |Supervisor, Activity Schools (Churchlands, | B2 | 2 | |Inglewood, Minbalup Fremantle) | | | +------------------------------------------------+------+-------------- |Supervisor, Activity Schools (Bunbury, Northam, | B2 | 1 | |Pinjarra) | | | +------------------------------------------------+------+--------------
SCHEDULE D CLASSIFICATION CONVERSION TABLE +-------------+----------------------- |LEVEL |CLASSIFICATION | +-------------+----------------------- |L1 |A1A, A3 | +-------------+----------------------- |L1/2 |B1.1 | +-------------+----------------------- |L2 |A1, A4.1-3, A2.1 | +-------------+----------------------- |L3 |A4.4, 5 and 6, A2.2 and | | |3 | +-------------+----------------------- |L4 |A2.4 and 5 | +-------------+----------------------- |L5 |A2.6 and 7 | +-------------+----------------------- |L3/5 |B7.2 and 3 | +-------------+----------------------- |L6 |A2.8 and 9, B1.4 and 5 | +-------------+----------------------- |L7 |A2.10 and 11 | +-------------+----------------------- |L7/8 |B1.6 | +-------------+----------------------- |L8 |AA.1 and 2 | +-------------+----------------------- |A1 |AA.3 | +-------------+----------------------- |A2 |AA.4 | +-------------+----------------------- |A3 |AA.5 | +-------------+----------------------- |A4 |AA.6 | +-------------+----------------------- |A5 |AA.7 | +-------------+----------------------- |A6 |AA.8 | +-------------+----------------------- |A7 |AA.9 | +-------------+----------------------- |A8 |AA.10 | +-------------+----------------------- |A9 |AA.11 | +-------------+-----------------------
SCHEDULE E
RESPONDENT Slow Learning Children's Group of Western Australia (Incorporated)
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.
Before exercising a power of inspection, the representative shall
give reasonable notice of not less than 24 hours to an employer.
DATED at Perth this 4 th Day of May, 1981.
V A R I A T I O N R E C O R D +-------+--------------------------+-----------+--------+------------ | | | | | ACTIV FOUNDATION (SALARIED OFFICERS) AWARD | | | | | | | | NO 13 OF 1977 | +-------+--------------------------+-----------+--------+------------ | | +-------+--------------------------+-----------+--------+------------ |Delivered 04/05/81 at 61 WAIG 647 | +-------+--------------------------+-----------+--------+------------ |S93(6) Consolidation 05/05/83 at 63 WAIG 940 | +-------+--------------------------+-----------+--------+------------ | | +-------+--------------------------+-----------+--------+------------ |CLAUSE |EXTENT OF VARIATION |ORDER NO. |OPERATIVE|GAZETTE | |NO. | | |DATE |REFERENCE | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |1. Title | +-------+--------------------------+-----------+--------+------------ | |Cl |2079/89 |11/12/89 |70 WAIG 150 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(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. |1235/98 |27/07/98 |78 WAIG 3311 | +-------+--------------------------+-----------+--------+------------ | |Min. Wage 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 | | | | | |& 1936 | +-------+--------------------------+-----------+--------+------------ | |(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 | | | | | |& 2109 | +-------+--------------------------+-----------+--------+------------ | |Cl. |957/05 |07/07/06 |86 WAIG 1631 | | | | | |& 1665 | +-------+--------------------------+-----------+--------+------------ | |Cl. |1/07 |01/07/07 |87 WAIG 1487 | | | | | |& 1524 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |2. Arrangement | +-------+--------------------------+-----------+--------+------------ | |Cl |944/81 |25/08/82 |62 WAIG 2276 | +-------+--------------------------+-----------+--------+------------ | |21, add sto title |378/85 |01/03/85 |65 WAIG 1765 | +-------+--------------------------+-----------+--------+------------ | |Ins 4243, & 44 |1097/85 |25/03/86 |66 WAIG 729 | +-------+--------------------------+-----------+--------+------------ | |Ins 45 |985/86 |13/04/87 |67 WAIG 896 | +-------+--------------------------+-----------+--------+------------ | |Cl. |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ | |Schedules A & B, ins. C. |2079/89 |11/12/89 |70 WAIG 150 | +-------+--------------------------+-----------+--------+------------ | |Cl |986/90 |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | |Del. 2A.; Cl. 29 title |835/91 |13/12/91 |72 WAIG 1326 | +-------+--------------------------+-----------+--------+------------ | |Ins. 1A |1752/91 |31/01/92 |72 WAIG 191 | +-------+--------------------------+-----------+--------+------------ | |Cl. |800/93 |10/06/93 |73 WAIG 1929 | +-------+--------------------------+-----------+--------+------------ | |1A. Title |1457/93 |24/12/93 |74 WAIG 198 | +-------+--------------------------+-----------+--------+------------ | |1A. Title |985/94 |30/12/94 |75 WAIG 23 | +-------+--------------------------+-----------+--------+------------ | |Ins. 45 |1203/95 |1/10/95 |76 WAIG 1139 | +-------+--------------------------+-----------+--------+------------ | |Correcting Order |1203/95 |30/10/95 |76 WAIG 1205 | +-------+--------------------------+-----------+--------+------------ | |1A. Title |1164/95 |21/03/96 |76 WAIG 911 | +-------+--------------------------+-----------+--------+------------ | |Ins. Appendix - Resolution.|693/96 |16/07/96 |76 WAIG 2768 | +-------+--------------------------+-----------+--------+------------ | |Ins. Appendix - S.49B. |694/96 |16/07/96 |76 WAIG 2789 | +-------+--------------------------+-----------+--------+------------ | |1A. Title |915/96 |7/08/96 |76 WAIG 3368 | +-------+--------------------------+-----------+--------+------------ | |Ins. 1A |940/97 |14/11/97 |77 WAIG 3177 | +-------+--------------------------+-----------+--------+------------ | |Ins. 1B |940/97 |14/11/97 |77 WAIG 3177 | +-------+--------------------------+-----------+--------+------------ | |41 Title |2053(2)/97 |22/11/97 |77 WAIG 3171 | +-------+--------------------------+-----------+--------+------------ | |1A |757/98 |12/06/98 |78 WAIG 2579 | +-------+--------------------------+-----------+--------+------------ | |Del. 1A. |609/99 |06/07/99 |79 WAIG 1847 | +-------+--------------------------+-----------+--------+------------ | |Cl. |289/00 |25/10/00 |80 WAIG 4994 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(2A. State Wage Principles - September 1989) | +-------+--------------------------+-----------+--------+------------ | |Ins.Cl. |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | |Del. Cl. |835/91 |13/12/91 |72 WAIG 1326 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |3. Scope | +-------+--------------------------+-----------+--------+------------ | |text |2079/89 |11/12/89 |70 WAIG 150 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |4. Area | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |5. Term | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |6. Definitions | +-------+--------------------------+-----------+--------+------------ | |(7) |211/87 |20/08/87 |unpublished | +-------+--------------------------+-----------+--------+------------ | |Ins (8) |325/04 |10/05/04 |84 WAIG 1362 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |7. Right of Entry | +-------+--------------------------+-----------+--------+------------ | |Cl. |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | |Ins. Text |2053(1)/97 |22/11/97 |77 WAIG 3138 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |8. Inspection of Salary Record | +-------+--------------------------+-----------+--------+------------ | |Cl. |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | |Ins text. |491/98 |16/04/98 |78 WAIG 1471 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |9. Contract of Service | +-------+--------------------------+-----------+--------+------------ | |(4) |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |10. Salaries | +-------+--------------------------+-----------+--------+------------ | |Cl |829/86 |01/07/86 |66 WAIG 1955 | +-------+--------------------------+-----------+--------+------------ | |Cl |346/81 |12/06/81 |61 WAIG 1125 | +-------+--------------------------+-----------+--------+------------ | |Ins (3) |1244/88 |23/09/88 |68 WAIG 2771 | +-------+--------------------------+-----------+--------+------------ | |Cl |2079/89 |11/12/89 |70 WAIG 150 | +-------+--------------------------+-----------+--------+------------ | |Ins. (2); renum (2)to(3); &| | | | +-------+--------------------------+-----------+--------+------------ | |Del. (3) |835/91 |13/12/91 |72 WAIG 1326 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |11. Payment of Salaries | +-------+--------------------------+-----------+--------+------------ | |Ins (4)(5) |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ | |Ins (6),(7)&(8) |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |12. Higher Duties | +-------+--------------------------+-----------+--------+------------ | |(7) & (8) |731/81 |21/08/81 |62 WAIG 1749 | +-------+--------------------------+-----------+--------+------------ | |Ins (9) |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ | |Cl. |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |13. Hours | +-------+--------------------------+-----------+--------+------------ | |Ins. (3)&(4); re-numb. | | | | | |exist. | | | | +-------+--------------------------+-----------+--------+------------ | |(3)&(4) as (5)&(6) |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |14. Overtime | +-------+--------------------------+-----------+--------+------------ | |(10)(a)(ii) |951/81 |25/06/82 |62 WAIG 2276 | +-------+--------------------------+-----------+--------+------------ | |(9) |511/83 |21/05/84 |64 WAIG 937 | +-------+--------------------------+-----------+--------+------------ | |(10)(b); (11); Ins. (12) |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |15. Meal Money | +-------+--------------------------+-----------+--------+------------ | |Cl |789/83 |10/01/84 |63 WAIG 2446 | +-------+--------------------------+-----------+--------+------------ | |Cl |726/85 |16/08/85 |65 WAIG 2292 | +-------+--------------------------+-----------+--------+------------ | |Amounts only |P 48/88 |04/07/88 |68 WAIG 2441 | +-------+--------------------------+-----------+--------+------------ | |Cl. |1406/00 |10/10/00 |80 WAIG 5162 | +-------+--------------------------+-----------+--------+------------ | |Cl. |1102/02 |04/11/02 |82 WAIG 2918 | +-------+--------------------------+-----------+--------+------------ | |Cl. |193/04 |06/04/04 |84 WAIG 841 | +-------+--------------------------+-----------+--------+------------ | |Cl. |1508/04 |10/01/05 |85 WAIG 686 | +-------+--------------------------+-----------+--------+------------ | |Cl. |832/05 |07/12/05 |85 WAIG 3972 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |16. Holidays and Annual Leave | +-------+--------------------------+-----------+--------+------------ | |(1), (7)(b) (Text) | | | | +-------+--------------------------+-----------+--------+------------ | |(12)(e), Ins.(f), ren.(f) |997/87 |18/08/88 |68 WAIG 2148 | | |to (g) | | | | +-------+--------------------------+-----------+--------+------------ | |Del |986/90((R2) |06/05/91 |71 WAIG 1218 | | |(10),(11);Ren(12),(13)to | | | | | |(10)(11);Ins new (12) | | | | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |17. Short Leave | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |18. Sick Leave | +-------+--------------------------+-----------+--------+------------ | |(11) |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(19. Maternity Leave) | +-------+--------------------------+-----------+--------+------------ | |Cl |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | |Cl |289/00 |25/10/00 |80 WAIG 4994 | +-------+--------------------------+-----------+--------+------------ |19. Parental Leave | +-------+--------------------------+-----------+--------+------------ | |Cl. |289/00 |25/10/00 |80 WAIG 4994 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |20. Long Service Leave | +-------+--------------------------+-----------+--------+------------ | |Text |536/84 |01/07/84 |64 WAIG 1587 | +-------+--------------------------+-----------+--------+------------ | |(7) |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ | |Ins. (3)(c), (d); |2079/89 |11/12/89 |70 WAIG 150 | | |(5);Del.(8)(b) & (e) | | | | | |ren..(8)(c)(d)(f) as(b)(c) | | | | | |(d); (11)(d) | | | | +-------+--------------------------+-----------+--------+------------ | |(4),(8)(c),(11)(c);Ins(12) |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | |(8)(c) |835/91 |13/12/91 |72 WAIG 1326 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(21. Motor Vehicle Allowance) | +-------+--------------------------+-----------+--------+------------ | |(6) |64/82 |01/11/81 |62 WAIG 422 | +-------+--------------------------+-----------+--------+------------ | |(6) |860/82 |01/09/82 |63 WAIG 1306 | +-------+--------------------------+-----------+--------+------------ | |(6) |341/83 |01/05/83 |63 WAIG 1617 | +-------+--------------------------+-----------+--------+------------ | |(6) |599/83 |01/10/83 |63 WAIG 2446 | +-------+--------------------------+-----------+--------+------------ | |Ins (8) |152/84 |01/01/84 |64 WAIG 1587 | +-------+--------------------------+-----------+--------+------------ | |Cl Title |378/85 |01/03/85 |65 WAIG 1765 | +-------+--------------------------+-----------+--------+------------ |21. Motor Vehicle Allowances | +-------+--------------------------+-----------+--------+------------ | |Cl. |909/87 |01/07/87 |67 WAIG 1808 | +-------+--------------------------+-----------+--------+------------ | |(7)(8) & (9) |835/91 |13/12/91 |72 WAIG 1326 | +-------+--------------------------+-----------+--------+------------ | |(4) |1406/00 |10/10/00 |80 WAIG 5162 | +-------+--------------------------+-----------+--------+------------ | |(4), (7), (8) & (9) |193/04 |06/04/04 |84 WAIG 841 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |22. Travelling | +-------+--------------------------+-----------+--------+------------ | |(9) |44/83 |31/03/83 |63 WAIG 1951 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |23. Transfers | +-------+--------------------------+-----------+--------+------------ | |(4); Ins (5) |44/83 |31/03/83 |63 WAIG 1951 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |24. Travelling Time | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |25. Relieving or Special Duty | +-------+--------------------------+-----------+--------+------------ | |(3); Ins.(5); re-numb. | | | | | |exist.(5 to 8) | | | | +-------+--------------------------+-----------+--------+------------ | |as (6 to 9); re-numb.exist.| | | | +-------+--------------------------+-----------+--------+------------ | |(9)as(10) & del.proviso. |44/83 |31/03/83 |63 WAIG 1951 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |26. Travelling, Transfers and Relieving Duty - Rates of Allowance | +-------+--------------------------+-----------+--------+------------ | |Cl |476/83 |01/07/83 |63 WAIG 1592 | +-------+--------------------------+-----------+--------+------------ | |Cl |234/83 |01/01/83 |63 WAIG 1470 | +-------+--------------------------+-----------+--------+------------ | |Cl |715/82 |01/07/82 |63 WAIG 1301 | +-------+--------------------------+-----------+--------+------------ | |Cl |209/82 |01/01/82 |62 WAIG 2020 | +-------+--------------------------+-----------+--------+------------ | |Cl |624/81 |01/07/81 |61 WAIG 1580 | +-------+--------------------------+-----------+--------+------------ | |Cl |152/84 |01/01/84 |64 WAIG 1587 | +-------+--------------------------+-----------+--------+------------ |(Edit note: X- reference P.S. |P15/89 |01/03/89 |69 WAIG 2049 | |Miscellaneous Allowances Award | | | | |1982, No. 14/82 amended.) | | | | +-------+--------------------------+-----------+--------+------------ |(Edit note: X- reference P.S. |P71/89 |01/09/89 |70 WAIG 756 | |Miscellaneous Allowances Award | | | | |1982, No. 14/82 amended.) | | | | +-------+--------------------------+-----------+--------+------------ | |Cl. |440/99 |08/10/99 |79 WAIG 3025 | +-------+--------------------------+-----------+--------+------------ | |Cl. |1406/00 |10/10/00 |80 WAIG 5162 | +-------+--------------------------+-----------+--------+------------ | |Cl. |813/02 |17/07/02 |82 WAIG 2133 | +-------+--------------------------+-----------+--------+------------ | |Cl. |193/04 |06/04/04 |84 WAIG 841 | +-------+--------------------------+-----------+--------+------------ | |Cl. |72/05 |01/03/05 |85 WAIG 894 | +-------+--------------------------+-----------+--------+------------ | |Cl |963/05 |24/01/06 |86 WAIG 284 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |27. Removal Allowance | +-------+--------------------------+-----------+--------+------------ | |Ins (7); ren.exist (7) to |44/83 |31/03/83 |63 WAIG 1951 | | |(8) | | | | +-------+--------------------------+-----------+--------+------------ | |(6) |1121/84 |23/01/84 |65 WAIG 185 | +-------+--------------------------+-----------+--------+------------ | |Cl. |1406/00 |10/10/00 |80 WAIG 5162 | +-------+--------------------------+-----------+--------+------------ | |Cl. |1102/02 |04/11/02 |82 WAIG 2918 | +-------+--------------------------+-----------+--------+------------ | |(1) & (6) |193/04 |06/04/04 |84 WAIG 841 | +-------+--------------------------+-----------+--------+------------ | |(1), (6) |1508/04 |10/01/05 |85 WAIG 686 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |28. Dirty Work | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(29. Allowance for Receiving and Paying Cash) | +-------+--------------------------+-----------+--------+------------ | |Cl |452/85 |06/04/85 |65 WAIG 1765 | +-------+--------------------------+-----------+--------+------------ | |Deleted by |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(30. Allowance for Paying Wages) | +-------+--------------------------+-----------+--------+------------ | |Cl. renumbered |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ |(29. Allowance for Paying Wages) | +-------+--------------------------+-----------+--------+------------ | |Clause Deleted |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ |(29. Deleted) | +-------+--------------------------+-----------+--------+------------ | |Cl & Title |835/91 |13/12/91 |72 WAIG 1326 | +-------+--------------------------+-----------+--------+------------ |29. Consultation and Enterprise Bargaining | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(31. Shift Work) | +-------+--------------------------+-----------+--------+------------ | |(1)(a) |387/81 |08/05/81 |61 WAIG 1266 | +-------+--------------------------+-----------+--------+------------ | |(1)(a) |304/82 |18/12/81 |62 WAIG 2020 | +-------+--------------------------+-----------+--------+------------ | |(1)(a) |874/82 |31/03/83 |63 WAIG 1846 | +-------+--------------------------+-----------+--------+------------ | |(1)(a) |182/84 |30/12/83 |64 WAIG 937 | +-------+--------------------------+-----------+--------+------------ | |Ins (3) |372/85 |09/08/85 |65 WAIG 1765 | +-------+--------------------------+-----------+--------+------------ | |(1)(a) |1099/85 |15/11/85 |72 WAIG 1825 | +-------+--------------------------+-----------+--------+------------ | |Cl. renumb; Del(3) |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ |30. Shift Work | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(32. Protective Clothing and Uniforms) | +-------+--------------------------+-----------+--------+------------ | |Cl. renumbered |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ |31. Protective Clothing and Uniforms | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(33. District Allowance) | +-------+--------------------------+-----------+--------+------------ | |(9)(a) |209/82 |01/01/82 |62 WAIG 2020 | +-------+--------------------------+-----------+--------+------------ | |(9)(a) |95/84 |24/12/83 |64 WAIG 936 | +-------+--------------------------+-----------+--------+------------ | |(9)(a) & (12) |152/84 |27/07/84 |64 WAIG 1587 | +-------+--------------------------+-----------+--------+------------ | |Cl. renumbered |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |32. District Allowance | +-------+--------------------------+-----------+--------+------------ | |Cl. |2079/89 |11/12/89 |70 WAIG 150 | +-------+--------------------------+-----------+--------+------------ | |(6) & (7) |800/00 |13/09/00 |80 WAIG 4820 | +-------+--------------------------+-----------+--------+------------ | |(7) |1102/02 |04/11/02 |82 WAIG 2918 | +-------+--------------------------+-----------+--------+------------ | |(7) |453/04 |08/06/04 |84 WAIG 1363 | +-------+--------------------------+-----------+--------+------------ | |(7) |1237/04 |12/11/04 |85 WAIG 540 | +-------+--------------------------+-----------+--------+------------ | |(7) |664/05 |16/09/05 |85 WAIG 3511 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(34. Child Allowance) | +-------+--------------------------+-----------+--------+------------ | |Cl. renumbered |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ |(33. Child Allowance) | +-------+--------------------------+-----------+--------+------------ | |Del Cl |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ |33. Deleted | +-------+--------------------------+-----------+--------+------------ | | +-------+--------------------------+-----------+--------+------------ |33. Salary Packaging | +-------+--------------------------+-----------+--------+------------ | |Cl |289/00 |25/10/00 |80 WAIG 4994 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(35. Channel of Communication) | +-------+--------------------------+-----------+--------+------------ | |Cl. renumbered |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ |34. Channel of Communication | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(36. Board of Reference) | +-------+--------------------------+-----------+--------+------------ | |Cl. renumbered |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ |35. Board of Reference | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(37. Part-Time Employees) | +-------+--------------------------+-----------+--------+------------ | |Cl. renumbered |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ |36. Part-Time Employees | +-------+--------------------------+-----------+--------+------------ | |Del. (4);(5); & (6) |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(38. Casual Employees) | +-------+--------------------------+-----------+--------+------------ | |Cl. renumbered |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ |37. Casual Employees | +-------+--------------------------+-----------+--------+------------ | |(1); Delete (3) |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(39. Liberty to Apply) | +-------+--------------------------+-----------+--------+------------ | |Cl. renumbered |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ |(38. Liberty to Apply) | +-------+--------------------------+-----------+--------+------------ | |Del Cl |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ |38. Deleted | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(40. Present Practice) | +-------+--------------------------+-----------+--------+------------ | |Cl. renumbered |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ |39. Present Practice | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(41. Existing Conditions of Employment) | +-------+--------------------------+-----------+--------+------------ | |Ins Cl |944/81 |25/08/82 |62 WAIG 2276 | +-------+--------------------------+-----------+--------+------------ | |Cl. renumbered |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ |(40. Existing Conditions of Employment) | +-------+--------------------------+-----------+--------+------------ | |Del Cl |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ |40. Deleted | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(42. Deduction of Union Subscriptions) | +-------+--------------------------+-----------+--------+------------ | |Ins cl. |1097/85 |25/03/86 |66 WAIG 729 | +-------+--------------------------+-----------+--------+------------ | |Cl. renumbered |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ |(41. Deduction of Union Subscriptions) | +-------+--------------------------+-----------+--------+------------ | |Cl & title |2053(2)/97 |22/11/97 |77 WAIG 3171 | +-------+--------------------------+-----------+--------+------------ |41. Deleted | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(43. Leave to Attend Union Business) | +-------+--------------------------+-----------+--------+------------ | |Ins cl. |1097/85 |25/03/86 |66 WAIG 729 | +-------+--------------------------+-----------+--------+------------ | |Cl. renumbered |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |42. Leave to Attend Union Business | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(44. Trade Union Training Leave) | +-------+--------------------------+-----------+--------+------------ | |Ins cl. |1097/85 |25/03/86 |66 WAIG 729 | +-------+--------------------------+-----------+--------+------------ | |Cl. renumbered |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |43. Trade Union Training Leave | +-------+--------------------------+-----------+--------+------------ | |(7) |986/90((R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(45. Introduction of Change) | +-------+--------------------------+-----------+--------+------------ | |Ins cl. |985/86 |13/04/87 |67 WAIG 896 | +-------+--------------------------+-----------+--------+------------ | |Cl. renumbered |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ |44. Introduction of Change | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |45. Flexibility Agreement | +-------+--------------------------+-----------+--------+------------ | |Ins. Cl. |1203/95 |1/10/95 |76 WAIG 1139 | +-------+--------------------------+-----------+--------+------------ | |Correcting Order |1203/95 |30/10/95 |76 WAIG 1205 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |Appendix - Resolution of Disputes Requirements | +-------+--------------------------+-----------+--------+------------ | |Ins. Appendix |693/96 |16/07/96 |76 WAIG 2768 | +-------+--------------------------+-----------+--------+------------ | |App |2053/97 |22/11/97 |77 WAIG 3079 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |Schedule A - Named Union Party | +-------+--------------------------+-----------+--------+------------ | |Ins. Sch. |800/93 |10/06/93 |73 WAIG 1929 | +-------+--------------------------+-----------+--------+------------ | |Sch |325/04 |10/05/04 |84 WAIG 1362 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(Schedule A - Salaries) | +-------+--------------------------+-----------+--------+------------ | |subpar (4)(a-h) of Cl 5 & 6|537/81 |08/05/81 |61 WAIG 1579 | +-------+--------------------------+-----------+--------+------------ | |Sch |320/81 |12/06/81 |61 WAIG 1121 | +-------+--------------------------+-----------+--------+------------ | |Pt B Salaries |823/81 |18/12/81 |62 WAIG 718 | +-------+--------------------------+-----------+--------+------------ | |Pt A Salaries |685/81 |18/12/81 |62 WAIG 715 | +-------+--------------------------+-----------+--------+------------ | |Sch |488/82 |16/04/82 |62 WAIG 3062 | +-------+--------------------------+-----------+--------+------------ | |(7)(1)(a-h);(8)&(9) |840&1063/82 |31/03/83 |63 WAIG 1315 | +-------+--------------------------+-----------+--------+------------ | |Sch |1159/82 |30/12/83 |64 WAIG 309 | +-------+--------------------------+-----------+--------+------------ | |1(2)(b);7(1)(a-h) |416/84 |15/06/84 |64 WAIG 1157 | +-------+--------------------------+-----------+--------+------------ | |Pt B (Ins(2)) |841/84 |10/02/85 |65 WAIG 493 | +-------+--------------------------+-----------+--------+------------ | |(2)(b) & (7) |452/85 |06/04/85 |65 WAIG 1765 | +-------+--------------------------+-----------+--------+------------ | |(2)(b),(7)(1)(a-h) |1099/85 |15/11/85 |72 WAIG 1825 | +-------+--------------------------+-----------+--------+------------ | |Cl |829/86 |01/07/86 |66 WAIG 1955 | +-------+--------------------------+-----------+--------+------------ | |Cl |1244/88 |23/09/88 |68 WAIG 2771 | +-------+--------------------------+-----------+--------+------------ | |Cl |997/87 |18/08/88 |68 WAIG 2148 | +-------+--------------------------+-----------+--------+------------ | |Cl &Title |2079/89 |11/12/89 |70 WAIG 150 | +-------+--------------------------+-----------+--------+------------ |(Schedule A - Minimum Salaries) | +-------+--------------------------+-----------+--------+------------ | |(2) & (3) |986/90(R2) |06/05/91 |71 WAIG 1218 | +-------+--------------------------+-----------+--------+------------ | |(2) & (3) |835/91 |13/12/91 |72 WAIG 1326 | +-------+--------------------------+-----------+--------+------------ | |Title |800/93 |10/06/93 |73 WAIG 1929 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |Schedule B - Minimum Salaries | +-------+--------------------------+-----------+--------+------------ | |Schedule |380/94 |31/03/95 |75 WAIG 2556 | +-------+--------------------------+-----------+--------+------------ | |Schedule |1203/95 |30/10/95 |76 WAIG 1139 | +-------+--------------------------+-----------+--------+------------ | |Correcting Order |1203/95 |30/10/95 |76 WAIG 1205 | +-------+--------------------------+-----------+--------+------------ | |Schedule |900/96 |30/10/96 |77 WAIG 473 | +-------+--------------------------+-----------+--------+------------ | |Correcting Order |900/96 |30/10/96 |77 WAIG 473 | +-------+--------------------------+-----------+--------+------------ | |Rates & Ins. Text |940/97 |14/11/97 |77 WAIG 3177 | +-------+--------------------------+-----------+--------+------------ | |Cl. |1235/98 |27/07/98 |78 WAIG 3311 | +-------+--------------------------+-----------+--------+------------ | |(2), (3)(a), (4) |609/99 |01/08/99 |79 WAIG 1847 | +-------+--------------------------+-----------+--------+------------ | |Cl |654/00 |01/08/00 |80 WAIG 3379 | +-------+--------------------------+-----------+--------+------------ | |Sch. |752/01 |01/08/01 |81 WAIG 1721 | +-------+--------------------------+-----------+--------+------------ | |Sch. |797/02 |01/08/02 |82 WAIG 1369 | +-------+--------------------------+-----------+--------+------------ | |(2) |1242/02 |29/08/02 |82 WAIG 2917 | +-------+--------------------------+-----------+--------+------------ | |Cl. |569/03 |5/06/03 |83 WAIG 1899 | | | | | |& 1936 | +-------+--------------------------+-----------+--------+------------ | |Cl |570/04 |4/06/04 |84 WAIG 1521 | | | | | |& 1551 | +-------+--------------------------+-----------+--------+------------ | |Cl. |576/05 |07/07/05 |85 WAIG 2083 | | | | | |& 2109 | +-------+--------------------------+-----------+--------+------------ | |Cl |957/05 |07/07/06 |86 WAIG 1631 | | | | | |& 1665 | +-------+--------------------------+-----------+--------+------------ | |Cl. |1/07 |01/07/07 |87 WAIG 1487 | | | | | |& 1524 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(Schedule B - Classification and Grading of Workers) | +-------+--------------------------+-----------+--------+------------ | |Classif |638/82 |01/01/81 |62 WAIG 2277 | +-------+--------------------------+-----------+--------+------------ | |Classif |786/82 |01/01/81 |63 WAIG 857 | +-------+--------------------------+-----------+--------+------------ | |Tran Man |639/82 |01/01/82 |62 WAIG 3065 | +-------+--------------------------+-----------+--------+------------ | |Del Class |765/82 |15/04/82 |63 WAIG 1088 | +-------+--------------------------+-----------+--------+------------ | |Classif |102/82 |13/05/82 |62 WAIG 1382 | +-------+--------------------------+-----------+--------+------------ | |Classifications |1209/86 |01/07/87 |68 WAIG 1478 | +-------+--------------------------+-----------+--------+------------ | |Rename Sch. |800/93 |10/06/93 |73 WAIG 1929 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |Schedule C - Classification and Grading of Workers | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |(Schedule C - Classification Conversion Table) | +-------+--------------------------+-----------+--------+------------ | |Ins cl. |2079/89 |11/12/89 |70 WAIG 150 | +-------+--------------------------+-----------+--------+------------ | |Rename Sch. |800/93 |10/06/93 |73 WAIG 1929 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |Schedule D - Classification Conversion Table | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ | |Ins Title? |800/93 |10/06/93 |73 WAIG 1929 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |Schedule E - Respondent | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------ |Appendix - S.49B - Inspection of Records Requirements | +-------+--------------------------+-----------+--------+------------ | |Ins. Appendix |694/96 |16/07/96 |76 WAIG 2789 | +-------+--------------------------+-----------+--------+------------ | |App. |491/98 |16/04/98 |78 WAIG 1471 | +-------+--------------------------+-----------+--------+------------ | |(1) ins. Text |2053/97 |22/11/97 |77 WAIG 3138 | +-------+--------------------------+-----------+--------+------------ | | | | | | +-------+--------------------------+-----------+--------+------------