REVIEW OF CLAUSE 7 AND SCHEDULES B AND F OF THE ABORIGINAL COMMUNITIES AND ORGANISATIONS WESTERN AUSTRALIAN INTERIM AWARD 2011 PURSUANT TO S 40B OF THE INDUSTRIAL RELATIONS ACT 1979 (WA)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Commission's Own Motion

APPLICANT

-v-

(Not Applicable)

RESPONDENT

CORAM Senior Commissioner R Cosentino

DATE THURSday, 1 FEBRUary 2024

FILE NO/S APPL 24 OF 2023

CITATION NO. 2024 WAIRC 00049

Result Award varied

Order

HAVING received written submissions filed on behalf of Hon. Minister of Industrial Relations and Western Australian Municipal, Administrative, Clerical and Services Union of Employees;

AND for the reasons stated in the published reasons for decision;

NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders –

THAT the Aboriginal Communities and Organisations Western Australian Interim Award 2011 be varied in accordance with the attached Schedule and that the variations in the attached Schedule shall have effect from the date of this order.

Senior Commissioner R Cosentino

SCHEDULE

1. Clause 6 Definitions:

(a) Renumber subclauses 6.9 to 6.11 as 6.10 to 6.12.

(b) Insert a new definition of ‘Partner’ as follows:

6.9 Partner means a spouse or de facto partner.

2. Clause 7 Enterprise Flexibility: Delete this clause in its entirety.

3. Clause 19 Allowances:

(a) Delete subclause 19.1.1 in its entirety and insert in lieu thereof the following:

19.1.1 In this clause:

(1) Dependant in relation to an employee means:

(a) a partner; or

(b) if there is no partner, a child under 18 years of age who lives in Western Australia and who relies on the employee for their main financial support; or

(c) if there is no partner, any relative of the employee who lives in Western Australia and who relies on the employee for their main financial support

who does not receive a district allowance or location allowance of any kind.

(2) Partial dependant in relation to an employee means:

(a) a partner; or

(b) if there is no partner, a child under 18 years of age who lives in Western Australia and who relies on the employee for their main financial support; or

(c) if there is no partner, any relative of the employee who lives in Western Australia and who relies on the employee for their main financial support

who receives a district allowance or location allowance of any kind under an award, agreement or any other provision regulating their employment, and that allowance is less than the applicable allowance for an employee without dependants under this award.

(b) Delete subclause 19.2 Adjustment of District Allowance Rates in its entirety.

(c) Delete subclause 19.3.2 in its entirety and insert in lieu thereof the following:

19.3.2 In this subclause, immediate dependants means:

any child, adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or partner of the employee, who relies on the employee for their main financial support; and

a partner of the employee.

(d) Delete subclause 19.3.6 in its entirety and insert in lieu thereof the following:

19.3.6 If a couple are employed by the same employer, only one relocation allowance is payable.

(e) Delete subclause 19.4.2 in its entirety and insert in lieu thereof the following:

19.4.2 In this subclause, immediate dependants means:

(1) any child, adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or partner of the employee, who relies on the employee for their main financial support; and

(2) a partner of the employee.

(f) Delete subclause 19.4.5 in its entirety and insert in lieu thereof the following:

19.4.5 If a couple are employed by the same employer, only one removal allowance is payable.

4. Delete subclause 32.1.4 in its entirety and insert in lieu thereof the following:

32.1.4 Immediate family includes:

(1) a partner (including a former partner); and

(2) a child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or the employee’s partner.

5. Clause 34 Parental Leave: Delete this clause in its entirety and insert in lieu thereof the following:

Parental leave is provided for in accordance with Division 5 of Part 2‑2 of the Fair Work Act 2009 (Cth) and the Minimum Conditions of Employment Act 1993 (WA).

6. Schedule B Annual Salaries: Delete this schedule in its entirety and insert in lieu thereof the following:

SCHEDULE B – ANNUAL SALARIES

7. Schedule F Named parties to this award:

Delete this schedule in its entirety and insert in lieu thereof the following:

SCHEDULE F ‑ NAMED PARTIES TO THIS AWARD

Union Party

Western Australian Municipal, Administrative, Clerical and Services Union of Employees

Employer Parties

Perth Region

Wungening Aboriginal Corporation

Derbarl Yerrigan Health Service

Swan Valley Nyungah Community Aboriginal Corporation

Albany Region

Southern Aboriginal Corporation

Port Hedland Region

Bloodwood Tree Association

Onslow Women’s Group Corporation

Geraldton / Carnarvon Region

Yamatji Marlpa Aboriginal Corporation

Kalgoorlie Region

Bay of Isles Aboriginal Community Inc.

Goldfields Aboriginal Community Services Aboriginal Corporation

Western Desert Region

Ngaanyatjarra Council (Aboriginal Corporation)

Warburton Community Incorporated

Kununurra Region

Kalumburu Aboriginal Corporation

Derby Region

Winun Ngari Aboriginal Corporation