1. - TITLE This award shall be known as the Laboratory and Technical Employees' (Peters (W.A.) Limited) Award of 1981 and replaces any other award that may have previously bound the respondent to the extent covered by the scope clause of this award.
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
$557.40 per week payable on and from the first pay period on or after 1
July 2008.
(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 2008 State Wage order
decision. Any increase arising from the insertion of the minimum wage
will be offset against any equivalent amount in rates of pay received
by employees whose wages and conditions of employment are regulated by
this award which are above the wage rates prescribed in the award.
Such above award payments include wages payable pursuant to enterprise
agreements, consent awards or award variations to give effect to
enterprise agreements and over award arrangements. Absorption which is
contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the
current Statement of Principles, excepting those resulting from
enterprise agreements, are not to be used to offset the minimum wage.
(10) Adult Apprentices
(a) Notwithstanding the provisions of this clause, an apprentice, 21
years of age or more, shall not be paid less than $488.40 per week on
and from the commencement of the first pay period on or after 1 July
2008.
(b) The rate paid in the paragraph above to an apprentice 21 years of
age or more is payable on superannuation and during any period of paid
leave prescribed by this award.
(c) Where in this award an additional rate is expressed as a
percentage, fraction or multiple of the ordinary rate of pay, it shall
be calculated upon the rate prescribed in this award for the actual
year of apprenticeship.
(d) Nothing in this clause shall operate to reduce the rate of pay
fixed by the award for an adult apprentice in force immediately prior
to 5 June 2003.
2. - ARRANGEMENT 1. Title 1B. Minimum Adult Award Wage 2. Arrangement 3. Area 4. Scope 5. Term 6. Hours of Work 7. Meal Break 8. Overtime 9. Shift Work 10. Public Holidays 11. Absence Through Sickness 12. Bereavement Leave 13. Annual Leave 14. Long Service Leave 15. Maternity Leave 16. Right of Entry 17. Record 18. Fares and Travelling Time 19. Car Allowance 20. Miscellaneous 21. No Reduction 22. Lower and Higher Grade Duties 23. Certificate of Service 24. Termination of Employment 25. Stand Down 26. Classification Structure and Definitions 27. Wages 28. Liberty to Apply 29. Payment of Wages 30. Workplace Flexibility and Career Pathing Appendix - Resolution of Disputes Requirement Respondent
3. - AREA This award shall apply within that area occupied and controlled by Peters (W.A.) Limited at Roe Street, Perth.
4. - SCOPE This award shall apply to employees employed by the respondent to perform work falling within the definitions contained in Clause 26. - Definitions hereof.
5. - TERM This Award shall be effective as from the beginning of the first pay period commencing on or after 20th August 1981 for a period of two years.
6. - HOURS OF WORK
(1) Subject to the provisions of this clause the ordinary hours of work
shall be an average of 38 per week to be worked on one of the following
bases:
(i) 38 hours within a work cycle not exceeding seven consecutive
days; or
(ii) 76 hours within a work cycle not exceeding 14 consecutive
days; or
(iii) 114 hours within a work cycle not exceeding 21 consecutive
days; or
(iv) 152 hours within a work cycle not exceeding 28 consecutive
days.
(2) The ordinary hours of work shall be worked between 6.00 a.m. and 6.00
p.m. Monday to Friday inclusive. The daily start and finish times worked
within the spread of hours provided by this subclause, may be varied by
the employer giving reasonable notice of his intention to do so: provided
that such notice shall not be given any later than 12.00 noon on the day
preceding the day upon which the changed start and finish times are to
take effect.
(3) (a) A break of ten minutes shall be allowed in the morning.
(b) In the afternoon employees shall be permitted to consume
refreshments without ceasing work.
SECTION B - implementation of 38 Hour Week:
(1) Except as provided in subclause (4) hereof, the method of
implementation of the 38 hour week may be any one of the following:
(a) by workers working less than eight hours each day; or
(b) by workers working less than eight hours on one or more days each
week; or
(c) by fixing one day of ordinary working hours on which all workers
will be off duty during a particular work cycle; or
(d) by rostering workers off duty on various days of the week during a
particular work cycle so that each worker has one day of ordinary
hours off duty during that cycle.
(e) any day off duty shall be arranged so that it does not coincide
with a holiday prescribed in subclause (1) of Clause 10. - Public
holidays, of this award.
(2) In each plant, an assessment should be made as to which method of
implementation best suits the business and the proposal shall be discussed
with the employees concerned.
(3) Different methods of implementation of a 38 hour week may apply to
various groups or sections of workers in the plant or establishment
concerned.
(4) Notice of Days Off Duty.
Except as provided in subclause (4) hereof, in cases where, by virtue
of the arrangement of his ordinary working hours, a worker in
accordance with paragraphs (c) and (d) of subclause (1) hereof, is
entitled to a day off duty during his work cycle, such worker shall be
advised by the employer at least four weeks in advance of the day he
is to take off duty.
(5) (a) An employer, with the agreement of the majority of workers
concerned, may substitute the day a worker is to take off in accordance
with paragraphs (c) (d) of subclause (1) hereof, for another day in the
case of a breakdown in machinery or a failure or shortage of electric
power or to meet the requirements of the business in the event of rush
orders or some other emergency situation.
(b) An employer and worker may by agreement substitute the day a worker
is to take off for another day.
(c) An employer may institute a banking system of Rostered Days Off.
Employees would therefore work on what would normally have been
their rostered day off and accrue an entitlement to bank a
rostered day off to be taken at a mutually convenient time for
both the employee and the employer.
No payments or penalty payment shall be made to employees working
under this substitute banked Rostered Day Off. However the
employer will maintain a record of the number of Rostered Days
banked and will apply the Average Pay System during the weeks when
an employee elects to take a banked Rostered Day Off.
Employees terminating prior to taking any banked Rostered Day(s)
Off shall receive the following:
+----------------+-+-------------------------------
|Average weekly |x |Number of BankedSubstitute Days |
|pay 5 | | |
+----------------+-+-------------------------------
7. - MEAL BREAK
(1) Not less than thirty minutes nor more than one hour shall be allowed
for a meal each day between the hours of 11.00 a.m. and 2.00 p.m. Monday
to Friday inclusive..
(2) When an employee is required for duty during any meal time whereby his
meal time is postponed for more than one hour, he shall be paid at
overtime rates until he gets his meal.
8. - OVERTIME
(1) All time worked before the usual starting time or after the usual
finishing time on any day, Monday to Friday inclusive, shall be paid for
at the rate of time and one-half for the first two hours and double time
thereafter.
(2) (a) Work done on Saturday after 12 noon or on Sundays shall be paid for
at the rate of double time.
(b) Work done on any day prescribed as a holiday under this award shall
be paid for at the rate of double time and one-half.
(3) Work done on a Saturday prior to 12 noon shall be paid for at the rate
of time and one-half for the first two hours and double time thereafter.
(4) (a) When overtime work is necessary it shall, wherever reasonably
practicable, be so arranged that employees have at least eight consecutive
hours off duty between the work of successive days.
(b) An employee (other than a casual employee) who works so much
overtime between the termination of his ordinary work on one day
and the commencement of his ordinary work on the next day that he
has not at least eight consecutive hours off duty between those
times shall, subject to this subclause, be released after
completion of such overtime until he has had eight consecutive
hours off duty without loss of pay for ordinary working time
occurring during such absence.
(c) If, on the instructions of his employer, such an employee resumes
or continues work without having had such eight consecutive hours off
duty, he shall be paid at double rates until he is released from duty
for such period and he shall then be entitled to be absent until he
has had eight consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
(5) (a) When an employee is recalled to work after leaving the job he shall
be paid for at least three hours at overtime rates.
(b) Notwithstanding the provisions of paragraph (a) hereof, an employee
required to attend for duty on a Saturday, Sunday or Public Holiday,
the principal reason for such attendance being the requirement to
examine or remove incubator plates, shall receive payment as follows:
(i) Where the time worked does not exceed thirty minutes - payment
of one hour's pay at the appropriate overtime rate.
(ii) Where the time worked exceeds thirty minutes but does not
exceed one hour - payment of two hours pay at the appropriate
overtime rate.
(iii) Where the time worked exceeds one hour - payment shall be
made in accordance with paragraph (a) hereof.
(6) An employee shall not be compelled to work for more than six hours
without a break for a meal.
(7) (a) An employee required to work overtime for more than two hours
without being notified on the previous day or earlier that he will be so
required to work shall be supplied with a meal by the employer or paid
three dollars and sixty five cents for a meal.
(b) If the amount of overtime required to be worked necessitates a
second or subsequent meal the employer shall provide such meals or pay
an amount of two dollars and fifty five cents for each second or
subsequent meal unless he has notified the employee concerned on the
previous day or earlier that such second or subsequent meal will also
be required.
(c) No meal need be provided or payment made to an employee living in
the same locality as his usual place of work who can reasonably return
home for any such meal.
(d) If an employee in consequence of receiving such notice has provided
himself with a meal or meals and is not required to work overtime or
is required to work less overtime than notified, he shall be paid the
amounts above prescribed in respect of the meals not then required.
(8) (a) An employer may require any employee to work reasonable overtime at
overtime rates and such employee shall work overtime in accordance with
such requirement.
(b) No organisation party to this award, or an employee or employees
covered by this award, shall in any way, whether directly or
indirectly, be a party to or concerned in any ban, limitation or
restriction upon the working of overtime in accordance with the
requirements of this subclause.
9. - SHIFT WORK
(1) An employer may, if and when required, place an employee or employees
on shift work, but before doing so he shall give notice of his intention
to the union and of the intended starting and finishing times of ordinary
working hours of the respective shifts.
(2) (a) Where any work related to processing is carried out on shifts other
than day shift and less than five consecutive afternoon or five
consecutive night shifts are worked then the employee on such afternoon or
night shifts shall be paid at overtime rates.
(b) The sequence of work shall not be deemed to be broken under the
preceding paragraph by reason of the fact that work on the process is
not carried out on a Saturday or Sunday or on any public holiday.
(3) An employee on shift work shall be paid 15% in addition to the ordinary
rate when working any shift other than day shift, subject to the
provisions of subclause (2) herein.
(4) Where three shifts are worked, a meal break of not less than twenty
minutes shall be allowed in each shift and paid for.
(5) Where an employee is not required to work a shift in accordance with
his given roster because of any of the holidays prescribed in clause 10 of
this award, he shall be paid the shift loading prescribed in subclause (3)
of this clause for that shift.
10. - PUBLIC HOLIDAYS
(1) (a) The following days, or the days observed in lieu 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 and
Boxing Day. Provided that another day may be taken as a holiday by
arrangement between the parties, in lieu of any of the days named in the
subclause.
(b) When 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. In each
case the substituted day shall be a holiday without deduction of pay
and the day for which it is substituted shall not be a holiday.
(2) Where -
(a) a day is proclaimed as a public holiday or as a public half-holiday
under section 7 of the Public and Bank Holidays Act, 1972; and
(b) that proclamation does not apply throughout the State or to the
metropolitan area of the State,
that day shall be a public holiday or, as the case may be, a public
half-holiday for the purposes of this award within the district or
locality specified in the proclamation.
11. - ABSENCE THROUGH SICKNESS
(1) (a) An employee who is unable to attend or remain at his place of
employment during the ordinary hours of work by reason of personal ill
health or injury shall be entitled to payment during such absence in
accordance with the provisions of this clause.
(b) An employee who works an average of 38 ordinary hours each week
during a particular work cycle shall be entitled to pay during such
absence calculated as follows:
+-------------------------+-+----------------
|duration of absence |x |appropriate |
|ordinary hours | |weekly rate 5 |
|normallyworked that day | | |
+-------------------------+-+----------------
An employee shall not be entitled to claim payment for personal ill
health or injury nor will his sick leave entitlement be reduced if
such ill health or injury occurs on the week day he is to take off
duty occasioned by Clause 6. - Hours of Work of this award.
(c) Notwithstanding the provisions of paragraph (b) of this subclause
an employer may adopt an alternative method of payment of sick
entitlements where the employer and the majority of his employees so
agree.
(d) Entitlement to payment shall accrue at the rate of 1/6th of a week
for each completed month of service with the employer.
(e) If in the first or successive years of service with the employer an
employee is absent on the ground of personal ill health or injury for
a period longer than his entitlement to paid sick leave, payment may
be adjusted at the end of that year of service, or at the time the
employee's services terminate, if before the end of that year of
service, to the extent that the employee has become entitled to
further paid sick leave during that year of service.
(2) The unused portions of the entitlement to paid sick leave in any one
year shall accumulate from year to year and subject to this clause may be
claimed by the employee if the absence by reason of personal ill health or
injury exceeds the period for which entitlement has accrued during the
year at the time of the claim payment for any period exceeding ten weeks
in any one year of service.
(3) To be entitled to payment in accordance with this clause the employee
shall as soon as reasonably practicable advise the employer of his
inability to attend for work, the nature of his illness or injury and the
estimated duration of the absence. Provided that such advice, other than
in extraordinary circumstances shall be given to the employer within 24
hours of the commencement of the absence.
(4) The provisions of this clause do not apply to an employee who fails to
produce a certificate from a medical practitioner dated at the time of the
absence or who fails to supply such other proof of the illness or injury
as the employer may reasonably require provided that the employee shall
not be required to produce a certificate from a medical practitioner with
respect to absences of two days or less unless after two such absences in
any year of service the employer requests in writing that the next and
subsequent absences in that year if any, shall be accompanied by such
certificate.
(5) (a) Subject to the provisions of this subclause, the provisions of this
clause apply to an employee who suffers personal ill health or injury
during the time when he is absent on annual leave and an employee may
apply for and the employer shall grant paid sick leave in place of paid
annual leave.
(b) Application for replacement shall be made within seven days of
resuming work and then only if the employee was confined to his place
of residence or a hospital as a result of his personal ill health or
injury for a period of seven consecutive days or more and he produces
a certificate from a registered medical practitioner that he was so
confined. Provided that the provisions of this paragraph do not
relieve the employee of the obligation to advise the employer in
accordance with subclause (3) of this clause if he is unable to attend
for work on the working day next following his annual leave.
(c) Replacement of paid annual leave by paid sick leave shall not
exceed the period of paid sick leave to which the employee was
entitled at the time he proceeded on annual leave and shall not be
made with respect to fractions of a day.
(d) Where paid sick leave has been granted by the employer in
accordance with paragraphs (a), (b), and (c) of this subclause, that
portion of the annual leave equivalent to the paid sick leave is
hereby replaced by the paid sick leave and the replaced annual leave
may be taken at another time mutually agreed to by the employer and
the employee or, failing agreement, shall be added to the employee's
next period of annual leave or, if termination occurs before then, be
paid for in accordance with the provisions of Clause 13. - Annual
Leave.
(e) Payment for replaced annual leave shall be at the rate of wage
applicable at the time that leave is subsequently taken provided that
the annual leave loading prescribed in Clause 13. - Annual Leave shall
be deemed to have been paid with respect to the replaced annual leave.
(6) Where a business has been transmitted from one employer to another and
the employee's service has been deemed continuous in accordance with
subclause (3) of clause (2) of the Long Service Leave provisions published
in volume 59 of the Western Australian Industrial Gazette at pages 1-6,
the paid sick leave standing to the credit of the employee at the date of
transmission from service with the transmittor shall stand to the credit
of the employee at the commencement of service with the transmittee and
may be claimed in accordance with the provisions of this clause.
(7) The provisions of this clause with respect to payment do not apply to
employees who are entitled to payment under the Workers' Compensation and
Assistance Act nor to employees whose injury or illness is the result of
the employee's own misconduct.
(8) The provisions of this clause do not apply to casual employees.
12. - BEREAVEMENT LEAVE An employee shall, on the death within Australia of a wife, husband, de facto wife or de facto husband, father, father-in-law, mother, mother-in-law, brother, sister, child or stepchild be entitled, on notice, of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary working days. Proof of such death shall be furnished by the employee to the satisfaction of his employer. Provided that payment in respect of bereavement leave is to be made only where the employee otherwise would have been on duty and shall not be granted in any case where the employee concerned would have been off duty in accordance with his roster, or on long service leave, annual leave, sick leave, workers' compensation, leave without pay or on a public holiday.
13. - ANNUAL LEAVE
(1) Except as hereinafter provided, a period of four consecutive weeks'
leave with payment as prescribed shall be allowed annually to a employee
by his employer after a period of twelve months' continuous service with
such employer.
(2) An employee before going on leave shall be paid the wages he would have
received in respect of the ordinary time he would have worked had he not
been on leave during the relevant period.
(3) During a period of annual leave an employee shall receive a loading of
17 1/2 per cent calculated on his ordinary rate of wage. Provided that
where the employee would have received any additional rates for work
performed in ordinary hours, as prescribed by this award, had he not been
on leave during the relevant period and such additional rates would have
entitled him to a greater amount than the loading of 17 1/2 percent, then
such additional rates shall be added to the rate of wage in lieu of the 17
1/2 percent loading. Provided further, that if the additional rates would
have entitled him to a lesser amount than the loading of 17 1/2 per cent,
then such loading of 17 1/2 per cent shall be added to his ordinary rate
of wage in lieu of the additional rates.
(4) The loading prescribed by this subclause shall not apply to
proportionate leave on termination.
(5) (a) An employee whose employment terminates after he has completed a
twelve monthly qualifying period and who has not been allowed the leave
prescribed under this award in respect of that qualifying period shall be
given payment in lieu of that leave, in lieu of so much of that leave as
has been allowed unless:-
(i) he has been justifiably dismissed for misconduct; and
(ii) the misconduct for which he has been dismissed occurred prior
to the completion of that qualifying period.
(b) If, after one month's continuous service in any qualifying twelve
monthly period a worker lawfully leaves his/her employment or his/her
employment is lawfully terminated by the employer through no fault of
the worker, the worker shall be paid one-thirteenth of a week's pay at
his ordinary rate in respect of each completed week of continuous
service.
(6) If any award holiday falls within an employee's period of annual leave
and is observed on a day which in the case of that employee would have
been an ordinary working day, there shall be added to that period one day
being an ordinary working day for each such holiday observed as aforesaid
(7) Any time in respect of which an employee is absent from work except
time for which he is entitled to claim sick pay or time spent on holidays
or annual leave as prescribed by this award shall not count for the
purpose of determining his right to annual leave.
(8) In special circumstances and by mutual consent of the employer, the
employee and the union concerned, annual leave may be taken in not more
than two periods.
(9) The provisions of this clause shall not apply to casual employees.
14. - LONG SERVICE LEAVE The Long Service Leave provisions set out in Volume 61 of the Western Australian Industrial Gazette at pages 22 to 27, both inclusive, are hereby incorporated in and shall be deemed to be part of this award.
15. - MATERNITY LEAVE
(1) Eligibility for Maternity Leave
An employee who becomes pregnant shall, upon production to her employer
of a certificate from a duly qualified medical practitioner stating
the presumed date of her confinement, be entitled to maternity leave
provided that she has had not less than 12 months' continuous with
that employer immediately preceding the date upon which she proceeds
upon such leave.
For the purposes of this clause:
(a) An employee shall include a part-time employee but shall not
include an employee engaged upon casual or seasonal work.
(b) Maternity leave shall mean unpaid maternity leave.
(2) Period of Leave and Commencement of Leave
(a) Subject to subclauses (3) and (6) hereof, the period of maternity
leave shall be for an unbroken period of from 12 to 52 weeks and shall
include a period of 6 weeks' compulsory leave to be taken immediately
before the presumed date of confinement and a period of 6 weeks'
compulsory leave to be taken immediately following confinement.
(b) An employee shall, not less than 10 weeks prior to the presumed
date of confinement, give notice in writing to her employer stating
the presumed date of confinement.
(c) An employee shall give not less than 4 weeks' notice in writing to
her employer of the date upon which she proposes to commence maternity
leave, stating the period of leave to be taken.
(d) An employee shall not be in breach of this order as a consequence
of failure to give the stipulated period of notice in accordance with
paragraph (c) hereof if such failure is occasioned by the confinement
occurring earlier than the presumed date.
(3) Transfer to a Safe-Job
Where in the opinion of a duly qualified medical practitioner, illness
or risks arising out of the pregnancy or hazards connected with the
work assigned to the employee make it inadvisable for the employee to
continue at her present work, the employee shall, if the employer
deems it practicable, be transferred to a safe job at the rate and on
the conditions attaching to that job until the commencement of
maternity leave.
If the transfer to a safe job is not practicable, the employee may, or
the employer may require the employee to take leave for such period as
is certified necessary by a duly qualified medical practitioner. Such
leave shall be treated as maternity leave for the purposes of
subclauses (7), (8), (9) and (10) hereof.
(4) Variation of Period of Maternity Leave
(a) Provided the addition does not extend the maternity leave beyond 52
weeks, the period may be lengthened once only, save with the agreement
of the employer, by the employee giving not less than 14 days' notice
in writing stating the period by which the leave is to be lengthened.
(b) The period of leave may, with the consent of the employer, be
shortened by the employee giving not less than 14 days' notice in
writing stating the period by which the leave is to be shortened.
(5) Cancellation of Maternity Leave
(a) Maternity leave, applied for but not commenced, shall be cancelled
when the pregnancy of an employee terminates other than by the birth
of a living child.
(b) Where the pregnancy of an employee then on maternity leave
terminates other than by the birth of a living child, it shall be
right of the employee to resume work at a time nominated by the
employer which shall not exceed 4 weeks from the date of notice in
writing by the employee to the employer that she desires to resume
work.
(6) Special Maternity Leave and Sick Leave
(a) Where the pregnancy of an employee not then on maternity leave
terminates after 28 weeks other than by the birth of a living child
then -
(i) she shall be entitled to such period of unpaid leave (to be
known as special maternity leave) as a duly qualified medical
practitioner certifies as necessary before her return to work, or
(ii) for illness other than the normal consequences of confinement
she shall be entitled, either in lieu of or in addition to special
maternity leave, to such paid sick leave as to which she is then
entitled and which a duly qualified medical practitioner certifies
as necessary before her return to work
(b) Where an employee not then on maternity leave suffers illness
related to her pregnancy, she may take such paid sick leave as to
which she is then entitled and such further unpaid leave (to be known
as special maternity leave) as a duly qualified medical practitioner
certifies as necessary before her return to work, provided that the
aggregate of paid sick leave, special maternity leave and maternity
leave shall not exceed 52 weeks.
(c) For the purposes of subclauses (7), (8) and (9) hereof, maternity
leave shall include special maternity leave.
(d) An employee returning to work after the completion of a period of
leave taken pursuant to this subclause shall be entitled to the
position which she held immediately before proceeding on such leave
or, in the case of an employee who was transferred to a safe job
pursuant to subclause (3), to the position she held immediately before
such transfer.
(7) Maternity Leave and Other Leave Entitlements
Provided the aggregate of leave including leave taken pursuant to
subclauses (3) and (6) hereof does not exceed 52 weeks.
(a) An employee may, in lieu of or in conjunction with maternity leave,
take any annual leave or long service leave or any part thereof to
which she is then entitled.
(b) Paid sick leave or other paid authorised award absences (excluding
annual leave or long service leave) shall not be available to an
employee during her absence on maternity leave.
(8) Effect of Maternity Leave on Employment
Notwithstanding any award, or other provision to the contrary, absence
on maternity leave shall not break the continuity of service of an
employee but shall not be taken into account in calculating the period
of service for any purpose of the award.
(9) Termination of Employment
(a) An employee on maternity leave may terminate her employment at any
time during the period of leave by notice given in accordance with
this award.
(b) An employer shall not terminate the employment of an employee on
the ground of her pregnancy or of her absence on maternity leave but
otherwise the rights of an employer in relation to termination of
employment are not hereby affected.
(10) Return to Work After Maternity Leave
(a) An employee shall confirm her intention of returning to her work by
notice in writing to the employer given not less than 4 weeks prior to
the expiration of her period of maternity leave.
(b) An employee, upon the expiration of the notice required by
paragraph (a) hereof, shall be entitled to the position which she held
immediately before proceeding on maternity leave or, in the case of an
employee who was transferred to a safe job pursuant to subclause (3),
to the position which she held immediately before such transfer.
Where such position no longer exists but there are other positions
available for which the employee is qualified and the duties of
which she is capable of performing, she shall be entitled to a
position as nearly comparable in status and salary or wage to that
of her former position.
(11) Replacement Employees
(a) A replacement employee is an employee specifically engaged as a
result of an employee proceeding on maternity leave.
(b) Before an employer engages a replacement employee under this
subclause, the employer shall inform that person of the temporary
nature of the employment and of the rights of the employee who is
being replaced.
(c) Before an employer engages a person to replace an employee
temporarily promoted or transferred in order to replace an employee
exercising her rights under this clause, the employer shall inform
that person of the temporary nature of the promotion or transfer and
of the rights of the employee who is being replaced.
(d) Provided that nothing in this subclause shall be construed as
requiring an employer to engage a replacement employee.
(e) A replacement employee shall not be entitled to any of the rights
conferred by this clause except where her employment continues beyond
the 12 months qualifying period.
16. - 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 a representative
of the Union shall not exercise the rights under this clause with respect
to entering any part of the premises of the employer unless the employer
is the employer, or former employer of a member of the Union.
(1) A duly accredited representative of the union shall be permitted to
interview employees on the business premises of the employer during
non-working times or meal breaks.
(2) Provided that in the case of a dispute between the union and the
employer, an accredited representative of the union upon prior
notification to the employer shall be permitted to inspect work places and
related equipment and interview employees covered by this award during the
usual business hours of the employer.
17. - RECORD
The provisions of this clause are subject to the following requirements:
The employer may refuse the representative access to the records if: -
(a) 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
(b) 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.
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 the employer.
(1) A record, or records, shall be kept in each establishment by the
employer wherein shall be entered -
(a) The full name and last known residential address of each employee.
(b) The age of each employee under the age of twenty-one years.
(c) The nature of the work performed by each employee.
(d) The classification of each employee and the year of experience
level attained.
(e) The daily hours, including overtime [if any], worked by each
employee.
(f) The weekly wage paid, including overtime (if any), to each employee
and the employee's signature acknowledging such payment, if correct.
Such record, or records, shall be open to a duly accredited
representative of the Union during the usual business hours for
the purpose of inspecting and recording such information.
18. - FARES AND TRAVELLING TIME
(1) (a) An employee who, on any day, or from day to day is required to work
at a job away from his accustomed work place shall, at the direction of
his employer, present himself for work at such job at the usual starting
time.
(b) An employee to whom paragraph (a) of this subclause applies shall
be paid at ordinary rates for time spent in travelling between his
home and the job and shall be reimbursed for any fares incurred in
such travelling, but only to the extent that the time so spent and the
fares so incurred exceed the time normally spent and the fares
normally incurred in travelling between his home and his accustomed
work place.
(c) An employee who with the approval of his employer uses his own
means of transport for travelling to or from outside jobs shall be
paid the amount of excess fares and travelling time which he would
have incurred in using public transport unless he has an arrangement
with his employer for a regular allowance.
(2) For travelling during working hours from and to the employer's place of
business or from one job to another, an employee shall be paid by the
employer at ordinary rates. The employer shall pay all fares and
reasonable expenses in connection with such travelling.
19. - CAR ALLOWANCE The employer shall pay an employee an allowance at the rate of 31 cents for each kilometre travelled if such employee is required to use his private motor vehicle on the employers business.
20. - MISCELLANEOUS
(1) The employer shall provide each employee with a locker wherein the
equipment and protective clothing ordinarily required for the performance
of his duties may be kept and the employer shall thereby be relieved of
responsibility for the loss of such equipment, except in the case of loss
by fire.
(2) (a) The employer shall have available a sufficient supply of protective
equipment [as, for example, glasses, gumboots, helmets, overalls, dust
coats or other efficient substitutes thereof] for use by his employees
when employed on work for which protective equipment is reasonably
necessary.
(b) An employee shall sign an acknowledgement when he receives any
article of protective equipment and shall return that article to the
employer when he has finished using it or on leaving his employment.
(3) Adequate lighting shall be provided within the limit of the S.A.A. Code
on Artificial Lighting of Buildings, (A.S. CA30-1965) as follows:-
+---------------+---------------+-------------------------------------
|General Areas |- |300 LUX
|
+---------------+---------------+-------------------------------------
| | |
|
+---------------+---------------+-------------------------------------
|*Bench |- |500 LUX
|
+---------------+---------------+-------------------------------------
| | |
|
+---------------+---------------+-------------------------------------
|*Denotes tasks where precautions against reflecting glare are
|
|essential.
|
+---------------+---------------+-------------------------------------
(4) The employer shall provide a notice board for the posting of union
notices.
21. - NO REDUCTION Nothing contained in this Award shall entitle an employer to reduce the wage of any employee, who at the date of this award, was being paid a higher rate of wage than prescribed for his or her class of work.
22. - LOWER AND HIGHER GRADE DUTIES
(1) An employee who is called upon to perform work of a lower grade than
that in which he is normally engaged shall suffer no reduction in his wage
on that account.
(2) An employee who, on any day, is called upon to perform work at a higher
grade than that in which he is normally engaged shall be paid at the rate
of the first year of experience prescribed for the classification and
level of duties he is performing, provided that the work performed in the
higher grade is of more than four hours duration in which case he shall be
paid at the higher rate for the whole of that day.
23. - CERTIFICATE OF SERVICE Upon termination of employment the employer when requested by the employee shall provide him with a certificate of service stating length of service, duties performed and classification details.
24. - TERMINATION OF EMPLOYMENT
(1) Except in the case of a casual employee, the contract of hire of every
employee shall be weekly and terminable by one week's notice on either
side given on any day or, in the event of such notice not being given, by
the payment of one week's pay by the employer or the forfeiture of one
week's pay by the employee.
(2) The employer shall be under no obligation to pay for any day not worked
upon which the employee is required to present himself for duty, except
where such absence from work is due to illness and comes within the
provisions of clause 11. - Absence Through Sickness or such absence is on
account of holidays to which the employee is entitled under the provisions
of this award.
(3) The contract of hire of a casual employee shall be hourly and
terminable by one hour's notice on either side given at any moment or in
the event of such notice not being given, by the payment of one hour's pay
by the employer or the forfeiture of one hour's pay by the employee.
(4) Nothing contained in this clause shall affect the right of the employer
to dismiss an employee without notice for misconduct provided that an
employee dismissed for misconduct other than theft, wilful damage or
assault shall be entitled to the payment of wages up to the time of
dismissal.
25. - STAND DOWN The employer shall be entitled to deduct payment for any day or portion of a day upon which the worker cannot be usefully employed because of any strike by the union or unions affiliated with it, or by any other association or union, or through the break-down of the employer's machinery or any stoppage of work by any cause which the employer cannot reasonably prevent.
26. - CLASSIFICATION STRUCTURE AND DEFINITIONS
(1) Level 1 Laboratory Technical Assistant:
(a) A Level 1 Laboratory Technical Assistant:
(i) shall have attained a grade of C or better in the Certificate
of Secondary Education Examination or equivalent in mathematics,
in a biological science subject and/or chemistry if appropriate;
(ii) shall hold a Certificate in Introductory Laboratory Skills
(issued by TAFE) or a recognised equivalent; and
(iii) shall be classified as a Trainee until he/she develops the
necessary skills and knowledge to perform the duties of a Level 1
Laboratory Technical Assistant.
(b) An employee at this level:
(i) shall perform technical duties in chemical, physical and
microbiological analysis;
(ii) shall be responsible for the quality of his/her own work
subject to detailed direction; and
(iii) shall work in a team environment under routine supervision
and undertake duties in a safe and responsible manner.
Indicative of the tasks which an employee at this level may
perform are the following:
· sample collection;
· cleaning of equipment and facilities;
· media preparation and decontamination;
· majonnier testing of fats and solids;
· limited interpretation of results;
· undertake training for progression to Level 2.
(2) Level 1 Developmental Technical Assistant:
(a) A Level 1 Developmental Technical Assistant:
(i) shall have attained a Grade C or better in the Certificate of
Secondary Education Examination or equivalent in mathematics, in a
biological science subject and/or chemistry if appropriate; and
(ii) shall be classified as a trainee until he/she develops the
necessary skills and knowledge to perform the duties of a Level 1
Developmental Technical Assistant.
(b) An employee at this level:
(i) shall perform basic technical duties relating to product
development and improvement;
(ii) shall be responsible for the quality of his/her own work
subject to detailed direction; and
(iii) shall work in a team environment under routine supervision
and undertake duties in a safe and responsible manner.
Indicative of the tasks which an employee at this level may
perform are the following:
· kitchen maintenance;
· mix and hand sample preparation;
· assistance in sensory evaluations;
· undertake training for progression to Level 2.
(3) Level 2 Laboratory Technician:
(a) A Level 2 Laboratory Technician:
(i) shall have attained a Grade C or better in the Certificate of
Secondary Education Examination or equivalent in mathematics, in a
biological science subject;
(ii) shall have at least two years' experience as a Laboratory
Technical Assistant (or other appropriate industry experience
which enables the required duties to be undertaken);
(iii) shall hold a Certificate in Laboratory Practices (Biological
and Physical Sciences) or a Certificate in Laboratory Practices
(Biological Sciences) or a recognised equivalent; and
(iv) shall be classified as a Trainee until he/she develops the
necessary skills and knowledge of a Level 2 Laboratory Technician.
(b) An employee at this level:
(i) shall be able to perform technical duties of some complexity in
accordance with accepted procedures independently or under
direction from a Technical Officer;
(ii) shall be able to interpret result, exercise professional
judgement and alert the appropriate personnel regarding the
non-conformance to accepted standards if it is necessary;
(iii) shall be able to carry out duties related to chemical and
microbiological analysis;
(iv) shall be able to work in a team environment under routine
supervision; and
(v) shall be responsible for his/her own work.
Indicative of tasks which an employee at this level may perform
are the following:
· any Level 1 duties;
· routine and non-routine analysis requiring a higher level of
technical sophistication than Level 1 duties without
formulation of procedures;
· calibration of equipment;
· participate in the training and supervision of Level 1
Laboratory Technical Assistants;
· undertake training for progression to Level 3.
(4) Level 2 Developmental Technician:
(a) A Level 2 Developmental Technician:
(i) shall have attained a Grade C or better in the Certificate of
Secondary Education Examination or equivalent in mathematics and
in another science subject;
(ii) shall have two years or more experience as a Level 1
Developmental Technical Assistant or other appropriate industry
experience which enables the required duties to be undertaken;
(iii) shall hold a Certificate in Laboratory Practices (Biological
and Physical Sciences) or a Certificate in Laboratory Practices
(Biological Sciences) or a recognised equivalent; and
(iv) shall be classified as a Trainee until he/she develops the
necessary skills and knowledge of a Level 2 Developmental
Technician.
(b) An employee at this level:
(i) shall be able to carry out research and developmental tasks of
some complexity under direction from a Level 3 Technical Officer;
(ii) shall be able to work in a team environment under routine
supervision; and
(iii) shall be responsible for the quality of his/her own work.
Indicative of tasks which an employee at this level may perform
are the following:
· any Level 1 duties;
· sensory evaluation and interpretation of results
· stock-taking and purchase of materials and consumables;
· maintenance of the flavour collection;
· liaison with suppliers and requesting flavour samples;
· assisting in organising factory trials and participating in
them if it is necessary;
· participate in the training and supervision of Level 1
Developmental Technical Assistants;
· undertake training for progression to Level 3.
(5) Level 3 Laboratory Technical Officer:
(a) A Level 3 Laboratory Technical Officer:
(i) shall have obtained either an Associate Diploma of Applied
Science (Laboratory Techniques, Biology and Chemistry) or a
recognised equivalent or a superior appropriate qualification;
(ii) shall have experience as a Laboratory Technician (or other
appropriate industry experience which enables the required duties
to be undertaken); and
(iii) shall be classified as a Trainee until he/she develops the
necessary skills and knowledge of a Level 3 Laboratory Technical
Officer.
(b) An employee at this level:
(i) shall direct and supervise Level 1 and Level 2 employees;
(ii) shall be responsible for the manner, accuracy and timing of
work which is performed under his/her supervision;
(iii) shall report results in the agreed manner, shall advise
Quality Assurance about non-conformance with agreed specifications
or acceptable priorities and/or conditions; and
(iv) shall write up procedural instruction for inclusion in the
laboratory manual.
Indicative of the tasks which an employee at this level may
perform are the following:
· any Level 1 or Level 2 duties;
· routine and non-routine analysis requiring a higher level of
technical sophistication;
· allocation of duties and jobs to Level 1 and Level 2
employees;
· testing for potential palliogens;
· maintaining and pursuing NATA signatory status and
maintaining NATA registration standards;
· undertake training for progression to Level 4.
6. Level 3 Developmental Technical Officer:
(a) A Level 3 Developmental Technical Officer:
(i) shall have obtained a Diploma in Food Technology Studies or a
degree in Applied Science (Home Economics) or a recognised
appropriate equivalent qualification;
(ii) shall have experience as a Level 2 Developmental Technician or
other appropriate industry experience which enables the required
duties to be undertaken; and
(iii) shall be classified as a Trainee until he/she develops the
necessary skills and knowledge of a Level 3 Developmental
Technician Officer.
(b) An employee at this level:
(i) shall be able to apply knowledge, judgement and skill to the
process of product development and improvement;
(ii) shall be responsible for the quality of his/her own work; and
(iii) shall carry out developmental work of some complexity under
general direction of an R & D Project Co-ordinator.
Indicative of tasks which an employee at this level may perform
are the following:
· any Level 1 or Level 2 duties;
· operation of taste panels for sensory evaluation;
· preparation and collation of taste panel results;
· appraising alternative raw materials;
· appraising potential agency lines;
· participate in training and supervision of Level 1 and Level
2 Developmental Assistants and Developmental Technicians.
(7) Leading Laboratory Technical Officer:
(a) A Leading Laboratory Technical Officer:
(i) shall have the qualifications and experience of a Laboratory
Technical Officer as defined in subclause 5(a) of this clause; and
(ii) shall have a thorough knowledge of both chemical and
microbiological analysis and shall have sufficient experience of
both of these fields to enable such thorough knowledge.
(b) An employee at this level in addition to Level 3 duties:
(i) shall be responsible and accountable for the administration and
operation of the laboratory complex;
(ii) shall co-ordinate laboratory activities;
(iii) shall liaise with the Laboratory Manager on general and
specific laboratory administration;
(iv) shall be responsible for such administrative duties within the
laboratory as the organisation of overtime roster, processing of
time sheets and clock cards and supply of protective clothing;
(v) shall update and maintain the laboratory manual; and
(vi) shall liaise with QA, R & D and production to regulate and
assess new work requirements.
(8) Casual Employee:
A casual employee is an employee who is engaged on an hourly contract
of hire and fire, is classified in accordance with the foregoing
definitions and paid in the prescribed manner for such an employee.
(9) (a) Promotion within a level will be based on the acquisition of skills
and demonstrated competence in performance of tasks at that level.
(b) Promotion from one level to another will be dependent on the
following:
(i) achievement of appropriate qualifications;
(ii) acquisition of skills at the level being sought as well as
basic levels;
(iii) job availability.
(c) The determination whether an individual successfully acquired a
certain skill level or not will be subject to an agreement between the
employee concerned and the Laboratory Manager.
(d) Should no agreement be reached regarding a promotional criteria as
referred to in subclauses 9(b)(i) and 9(b)(ii) of this clause, the
matter may be referred to Senior Management and the Union for
determination.
27. - WAGES
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.
(1) The following shall be the rates of ordinary wages payable to employees
covered by this award -
+------------------------------+-----------+-----------+----------
| |Base Rate $ |Arbitrated |Total Rate |
| | |Safety Net |Per Week $ |
| | |Adjustment $| |
+------------------------------+-----------+-----------+----------
|Level 1 - | | | |
+------------------------------+-----------+-----------+----------
|Trainee |382.90 |202.00 |584.90 |
+------------------------------+-----------+-----------+----------
|Laboratory Technical Assistant |398.30 |202.00 |600.30 |
+------------------------------+-----------+-----------+----------
|Developmental Technical |398.30 |202.00 |600.30 |
|Assistant | | | |
+------------------------------+-----------+-----------+----------
|Employee Trained to Level 2 |417.90 |202.00 |619.90 |
+------------------------------+-----------+-----------+----------
| | | | |
+------------------------------+-----------+-----------+----------
|Level 2 - | | | |
+------------------------------+-----------+-----------+----------
|Trainee |441.20 |202.00 |643.20 |
+------------------------------+-----------+-----------+----------
|Laboratory Technician |451.80 |204.00 |655.80 |
+------------------------------+-----------+-----------+----------
|Developmental Technician |451.80 |204.00 |655.80 |
+------------------------------+-----------+-----------+----------
|Employee Trained to Level 3 |465.20 |204.00 |669.20 |
+------------------------------+-----------+-----------+----------
| | | | |
+------------------------------+-----------+-----------+----------
|Level 3 - | | | |
+------------------------------+-----------+-----------+----------
|Trainee |485.40 |204.00 |689.40 |
+------------------------------+-----------+-----------+----------
|Laboratory Technical Officer |499.90 |202.00 |701.90 |
+------------------------------+-----------+-----------+----------
|Developmental Technical Officer|499.90 |202.00 |701.90 |
+------------------------------+-----------+-----------+----------
|Employee Trained to Leading | | | |
+------------------------------+-----------+-----------+----------
|Laboratory Technical Officer |528.90 |202.00 |730.90 |
|Level 1 | | | |
+------------------------------+-----------+-----------+----------
| | | | |
+------------------------------+-----------+-----------+----------
A Leading Laboratory Technical Officer shall receive the appropriate
rate for an employee trained to Leading Technical Officer level, plus
a Leading Laboratory Technical Officer allowance of $31.70 per week.
(2) Notwithstanding the foregoing prescribed wage rates, a Level 1
Laboratory Technical Assistant under 20 years of age shall receive as an
ordinary rate of wage, a percentage of the level 1 employee weekly rate
shown for such classification, calculated to the nearest ten cents, on the
following basis:
+-------------------------+-----
| | % |
+-------------------------+-----
|17 years of age and under | 52 |
+-------------------------+-----
|18 years of age | 62 |
+-------------------------+-----
|19 years of age | 75 |
+-------------------------+-----
(3) A casual employee shall receive twenty percent in addition to the
appropriate ordinary rate prescribed in this clause.
(4) Notwithstanding that implied in the aforegoing:
(a) A new employee 20 years of age or over without relevant food
industry experience shall be subject to a six month probationary
period which shall count as experience or it may be partially
recognised by agreement between the employer and the union.
(b) A new employee with formal qualifications and relevant food
industry experience shall be subject to a six month
assessment/probationary period (if desired by the employer) but if the
employee's performance is satisfactory, i.e. the employer wishes to
retain the employee's services, all relevant industry experience
counts as experience (unless it is agreed by the union that special
circumstances exist) and thereafter the appropriate pay rate shall
apply respectively.
(c) An employee whilst under assessment/probation shall receive the
level 1 employee rate of pay attached to that employee's
classification.
28. - LIBERTY TO APPLY Liberty to apply is reserved to the union with respect to Long Service Leave and Study Leave.
29. - PAYMENT OF WAGES
(1) Employee who actually works 38 ordinary hours each week:
In the case of an employee whose ordinary hours of work are arranged so
that he works 38 ordinary hours each week, wages shall be paid weekly.
(2) Employee who works an average of 38 ordinary hours each week:
In the case of an employee whose ordinary hours of work are arranged so
that he works an average of 38 ordinary hours each week during a
particular work cycle, wages may be paid weekly according to a weekly
average of ordinary hours worked even though more or less than 38
ordinary hours may be worked in any particular week of the work cycle.
(3) Commencement and Termination of Employment:
(a) An employee who lawfully leaves his employment or is dismissed for
reasons other than misconduct shall be paid all monies due to him at
the termination of his service with the employer, before leaving the
employer's premises or alternatively (except in the case of casual
employees) a cheque for the amount due may be forwarded to the
employee's last known address within 48 hours of such termination.
(b) An employee who commences employment during a work cycle shall
either -
(i) receive payment for any Day Off duty occasioned by Clause 6. -
Hours of Work only for the hours accrued toward that day off
during the work cycle;
(ii) be paid for the hours actually worked in that work cycle and
not be granted a day off with pay.
(c) An employee who has not taken the Day Off due to him during the
work cycle in which employment is terminated, the wages due to that
employee shall include a total of hours accrued toward that day off
during that work cycle for which payment has not already been made.
(d) Where the employee has taken a Day Off during the work cycle in
which employment is terminated, the wages due to that employee shall
be reduced by the total of hours for which payment has already been
made but which have not accrued toward that Day Off during the work
cycle.
(4) Payment for Day Off:
(a) An employee who is absent from duty other than on a public holiday
or day in lieu thereof, paid sick leave, or bereavement leave shall
have his payment for any Day Off duty occasioned by subclause (1) of
Clause 9. - Hours of Work of this award reduced proportionately.
(5) All wages shall be paid by electronic fund transfer into an account
nominated by the employee. In order to avoid delay the processing of
weekly wages shall be so arranged so as to be available to the employee on
the appropriate pay day.
30. - WORKPLACE FLEXIBILITY AND CAREER PATHING
(1) An employee classified in accordance with Clause 26. - Classification
Structure and Definitions, may be required to work in either R & D Section
or in the Laboratory Complex as the need arises.
(2) The Laboratory Manager shall conduct annual reviews for the purpose of:
(i) performance review;
(ii) determination of attained skill level;
(iii) setting objectives/goals with particular reference to skill
development and career pathing.
(3) In addition to annual reviews there shall be three-monthly progress
reviews to monitor and discuss short term developments.
APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT
(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) Subject to this appendix, and in addition to any current arrangements
the following procedures shall apply in connection with questions,
disputes or difficulties arising under this award/industrial agreement.
(a) The persons directly involved, or representatives of person/s
directly involved, shall discuss the question, dispute or difficulty
as soon as is practicable.
(b) (i) If these discussions do not result in a settlement, the
question, dispute or difficulty shall be referred to senior management
for further discussion.
(ii) Discussions at this level will take place as soon as
practicable.
(3) The terms of any agreed settlement should be jointly recorded.
(4) Any settlement reached which is contrary to the terms of this
award/industrial agreement shall not have effect unless and until that
conflict is resolved to allow for it.
(5) Nothing in this appendix shall be read so as to exclude an organisation
party to or bound by the award/industrial agreement from representing its
members.
(6) Any question, dispute or difficulty not settled may be referred to the
Western Australian Industrial Relations Commission provided that with
effect from 22 November 1997 it is required that persons involved in the
question, dispute or difficulty shall confer among themselves and make
reasonable attempts to resolve questions, disputes or difficulties before
taking those matters to the Commission..
DATED at Perth this 25th day of September, 1981.
V A R I A T I O N R E C O R D +----------+-----------------+-------------+----------+------------- | LABORATORY AND TECHNICAL EMPLOYEES' (PETERS (W.A.) LIMITED) AWARD | | AWARD | | | | | | | | NO. 12 OF 1981 | +----------+-----------------+-------------+----------+------------- | | +----------+-----------------+-------------+----------+------------- | Delivered 25/09/81 at 61 WAIG 1530 | +----------+-----------------+-------------+----------+------------- | Consolidated S93(6) at 63 WAIG 132 | +----------+-----------------+-------------+----------+------------- | (PAGE 141) | +----------+-----------------+-------------+----------+------------- | (This Consolidation contained numerous errors) | +----------+-----------------+-------------+----------+------------- | Consolidated S93(6) 16/03/93 at 73 WAIG 1105 | +----------+-----------------+-------------+----------+------------- | | +----------+-----------------+-------------+----------+------------- |CLAUSE NO. |EXTENT OF |ORDER NO. |OPERATIVE |GAZETTE | | |VARIATION | |DATE |REFERENCE | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |1. Title | +----------+-----------------+-------------+----------+------------- | |Cl. |638/83 |02/12/83 |63 WAIG 2445 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |(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. & Title |609/99 |06/07/99 |79 WAIG 1847 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |1B. Minimum Adult Award Wage | +----------+-----------------+-------------+----------+------------- | |Ins. 1B |940/97 |14/11/97 |77 WAIG 3177 | +----------+-----------------+-------------+----------+------------- | |(2),(3), (5) rates|609/99 |01/08/99 |79 WAIG 1847 | | |& text | | | | +----------+-----------------+-------------+----------+------------- | |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 &| | | | | |2377 | +----------+-----------------+-------------+----------+------------- | |(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 2089 &| | | | | |2592 | +----------+-----------------+-------------+----------+------------- | |Cl. |957/05 |07/07/06 |86 WAIG 1631 &| | | | | |2123 | +----------+-----------------+-------------+----------+------------- | |Cl. |1/07 |01/07/07 |87 WAIG 1487 &| | | | | |2014 | +----------+-----------------+-------------+----------+------------- | |Cl |115/07 |01/07/08 |88 WAIG 773 | | | | | |&1245 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |2. Arrangement | +----------+-----------------+-------------+----------+------------- | |Ins 2A |833/88 |23/10/88 |68 WAIG 3047 | +----------+-----------------+-------------+----------+------------- | |Delete 2A G.O. |1940/89 |08/08/89 |69 WAIG 2913 | +----------+-----------------+-------------+----------+------------- | |Cl. |2028/90(R2) |03/04/91 |71 WAIG 1500 | +----------+-----------------+-------------+----------+------------- | |Ins. 1A. |1752/91 |31/01/92 |72 WAIG 191 | +----------+-----------------+-------------+----------+------------- | |1A. Title |1457/93 |24/12/93 |74 WAIG 198 | +----------+-----------------+-------------+----------+------------- | |1A. Title |985/94 |30/12/94 |75 WAIG 23 | +----------+-----------------+-------------+----------+------------- | |1A. Title |1164/95 |21/03/96 |76 WAIG 911 | +----------+-----------------+-------------+----------+------------- | |Ins. Appendix - |693/96 |16/07/96 |76 WAIG 2768 | | |Resolution... | | | | +----------+-----------------+-------------+----------+------------- | |1A. Title |915/96 |7/08/96 |76 WAIG 3368 | +----------+-----------------+-------------+----------+------------- | |1A |940/97 |14/11/97 |77 WAIG 3177 | +----------+-----------------+-------------+----------+------------- | |Ins. 1B |940/97 |14/11/97 |77 WAIG 3177 | +----------+-----------------+-------------+----------+------------- | |1A. Title |757/98 |12/06/98 |78 WAIG 2579 | +----------+-----------------+-------------+----------+------------- | |Del. 1A |609/99 |06/07/99 |79 WAIG 1847 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |(2A. State Wage Principles - September 1988) | +----------+-----------------+-------------+----------+------------- | |Ins Cl. |833/88 |23/10/88 |68 WAIG 3047 | +----------+-----------------+-------------+----------+------------- | |Deleted by G.O. |1940/89 |8/8/89 |69 WAIG 2913 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |3. Area | +----------+-----------------+-------------+----------+------------- | |Cl. |638/83 |02/12/83 |63 WAIG 2445 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |4. Scope | +----------+-----------------+-------------+----------+------------- | |Cl. |638/83 |02/12/83 |63 WAIG 2445 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |5. Term | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |6. Hours of Work | +----------+-----------------+-------------+----------+------------- | |Cl. |140/84 |01/05/85 |65 WAIG 1421 | +----------+-----------------+-------------+----------+------------- | |(2) (SUPERSEDED) |362/88 |19/05/88 |68 WAIG 1846 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |7. Meal Break | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |8. Overtime | +----------+-----------------+-------------+----------+------------- | |(5) |362/88 |19/05/88 |68 WAIG 1527 | +----------+-----------------+-------------+----------+------------- | |(5) (SUPERSEDED) |362/88 |19/05/88 |68 WAIG 1848 | +----------+-----------------+-------------+----------+------------- | |(7)(a) & (b) |767/83 |21/02/84 |64 WAIG 308 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |9. Shift Work | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |10. Public Holidays | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |11. Absence Through Sickness | +----------+-----------------+-------------+----------+------------- | |Cl. |140/84 |01/05/85 |65 WAIG 1421 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |12. Bereavement Leave | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |13. Annual Leave | +----------+-----------------+-------------+----------+------------- | |(5)(b) |140/84 |01/05/85 |65 WAIG 1421 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |14. Long Service Leave | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |15. Maternity Leave | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |16. Right of Entry | +----------+-----------------+-------------+----------+------------- | |Ins. Preamble |2053/1/97 |22/11/97 |77 WAIG 3138 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |17. Record | +----------+-----------------+-------------+----------+------------- | |Ins preamble |491/98 |16/04/98 |78 WAIG 1471 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |18. Fares and Travelling Time | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |19. Car Allowance | +----------+-----------------+-------------+----------+------------- | |Cl. |767/83 |21/02/84 |64 WAIG 308 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |20. Miscellaneous | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |21. No Reduction | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |22. Lower and Higher Grade Duties | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |23. Certificate of Service | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |24. Termination of Employment | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |25. Stand Down | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |(26. Definitions) | +----------+-----------------+-------------+----------+------------- | |Delete cl. & title|2028/90(R2) |03/04/91 |71 WAIG 1500 | +----------+-----------------+-------------+----------+------------- |26. Classification Structure and Definitions | +----------+-----------------+-------------+----------+------------- | |Ins cl. & title |2028/90(R2) |03/04/91 |71 WAIG 1500 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |27. Wages | +----------+-----------------+-------------+----------+------------- | |Ins (7) |766/83 |29/03/84 |64 WAIG 738 | +----------+-----------------+-------------+----------+------------- | |(2) |362/88 |19/05/88 |68 WAIG 1527 | +----------+-----------------+-------------+----------+------------- | |(2) (SUPERSEDED) |362/88 |19/05/88 |68 WAIG 1848 | +----------+-----------------+-------------+----------+------------- | |Cl. |833/88 |23/10/88 |68 WAIG 3047 | +----------+-----------------+-------------+----------+------------- | |Cl. |2782(1)/89(R) |12/04/90 |70 WAIG 1853 | +----------+-----------------+-------------+----------+------------- | |Cl. (includes |2028/90(R2) |03/04/91 |71 WAIG 1500 | | |commitment) | | | | +----------+-----------------+-------------+----------+------------- | |Preamble & (1) |683/95 |27/07/95 |75 WAIG 2590 | +----------+-----------------+-------------+----------+------------- | |Rates & Ins. Text |940/97 |14/11/97 |77 WAIG 3177 | +----------+-----------------+-------------+----------+------------- | |Preamble ins. |609/99 |01/08/99 |79 WAIG 1847 | | |Text, (1) rates. | | | | +----------+-----------------+-------------+----------+------------- | |Cl. |654/00 |01/08/00 |80 WAIG 3379 | +----------+-----------------+-------------+----------+------------- | |Cl |752/01 |01/08/01 |81 WAIG 1721 | +----------+-----------------+-------------+----------+------------- | |(1) |797/02 |01/08/02 |82 WAIG 1369 | +----------+-----------------+-------------+----------+------------- | |Cl. |569/03 |5/06/03 |83 WAIG 1899 &| | | | | |2377 | +----------+-----------------+-------------+----------+------------- | |Cl |570/04 |4/06/04 |84 WAIG 1521 &| | | | | |1869 | +----------+-----------------+-------------+----------+------------- | |Cl. |576/05 |07/07/05 |85 WAIG 2089 &| | | | | |2592 | +----------+-----------------+-------------+----------+------------- | |Cl. |957/05 |07/07/06 |86 WAIG 1631 &| | | | | |2123 | +----------+-----------------+-------------+----------+------------- | |Cl. |1/07 |01/07/07 |87 WAIG 1487 &| | | | | |2014 | +----------+-----------------+-------------+----------+------------- | |Cl |115/07 |01/07/08 |88 WAIG 773 | | | | | |&1245 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |28. Liberty to Apply | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |29. Payment of Wages | +----------+-----------------+-------------+----------+------------- | |Ins. Cl. |140/84 |01/05/85 |65 WAIG 1421 | +----------+-----------------+-------------+----------+------------- | |(5) (SUPERSEDED) |362/88 |19/05/88 |68 WAIG 1848 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |30. Workplace Flexibility and Career Pathing | +----------+-----------------+-------------+----------+------------- | |Ins. Cl. |2028/90(R2) |03/04/91 |71 WAIG 1500 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+------------- |Appendix - Resolution of Disputes Requirement | +----------+-----------------+-------------+----------+------------- | |Ins. Appendix |693/96 |16/07/96 |76 WAIG 2768 | +----------+-----------------+-------------+----------+------------- | |(1),(6), Del. (7) |2053/97 |22/11/97 |77 WAIG 3079 | +----------+-----------------+-------------+----------+------------- | | | | | | +----------+-----------------+-------------+----------+-------------