THE FEDERATED MISCELLANEOUS WORKERS' UNION OF AUSTRALIA, W.A. BRANCH -v- MR P S ADAMS AND OTHERS
Document Type: Order
Matter Number: APPL 179/1991
Matter Description: Animal Welfare Industry Award
Industry: Health Services
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner J H Smith
Delivery Date: 7 Feb 2006
Result: Varied
Citation: 2006 WAIRC 03662
WAIG Reference: 86 WAIG 287
ANIMAL WELFARE INDUSTRY AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THE FEDERATED MISCELLANEOUS WORKERS' UNION OF AUSTRALIA, W.A. BRANCH
APPLICANT
-V-
MR P S ADAMS AND OTHERS
RESPONDENTS
CORAM COMMISSIONER J H SMITH
DATE TUESDAY, 7 FEBRUARY 2006
FILE NO/S APPL 179 OF 1991
CITATION NO. 2006 WAIRC 03662
Result Varied
Representation
APPLICANT MS S NORTHCOTT
RESPONDENTS MR M O'CONNOR AS AGENT ON BEHALF OF THE RESPONDENTS FOR WHOM WARRANTS HAVE BEEN FILED, AND THERE BEING NO APPEARANCE BY OR ON BEHALF OF ANY OTHER RESPONDENTS
Order
Having heard Ms Northcott on behalf of the Applicant and Mr O'Connor as agent on behalf of the Respondents for whom warrants have been filed, and there being no appearance by or on behalf of any other Respondents, and by consent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –
THAT the Animal Welfare Industry Award be varied in accordance with the following schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after 7 February 2006.
COMMISSIONER J H SMITH
SCHEDULE
1. Clause 19. – Rates of Pay: Delete this clause and insert the following clause in lieu thereof:
19. – RATES OF PAY
(1) The minimum weekly rate of wage per week payable to an employee covered by this award shall include the base rate plus the arbitrated safety net adjustments reflected hereunder:
Classification
$
7 Feb 06
1 July 06
1 Jan 07
1 July 07
Introductory (not exceeding 3 months)
484.40
484.40
484.40
484.40
484.40
Level 1 (87.4%)
484.40
494.15
503.90
513.65
523.40
Level 2 (92.4%)
484.40
497.13
509.92
522.71
535.55
Level 3 (Cert III) (100%)
484.40
507.45
531.30
554.75
578.20
Level 4 (Cert IV) (110%)
518.40
547.38
576.36
605.34
634.32
Level 5 (Diploma.) (119.4%)
518.40
560.57
602.74
644.90
687.07
(2) Classification Structure
For the purposes of determining the appropriate classification level for each employee, the classification definitions in sub clause 6. hereof shall be applied to each employee falling within scope of this Award.
(3) Implementation of Classification Structure
Employees shall be classified at one of the levels specified in this Clause. The classification definitions in this clause describe the relative skills, qualifications, responsibilities and conditions under which employees at each level will work.
(4) Promotion to Higher Levels
All employees shall be given the opportunity to participate in ongoing skills training to enable promotion to the next level. Where possible, this training shall be in accordance with the Animal Care and Management Training Package.
(5) Transitional Arrangements
No employee shall suffer a reduction in their rate of pay or conditions of employment as a result of the introduction of these provisions.
(6) Classification Definitions
(a) Introductory level
An employee who has had no experience in this industry shall initially be engaged at the introductory level for a period not exceeding 3 months. During this period the employer will provide on the job training to assist the employee to gain the appropriate skills.
(b) Level 1
Employees at this level will perform routine tasks involving adherence to determined procedures and with only minimal scope for deviation from these procedures.
An employee at this Level will:
(i) work under direct supervision with regular close checking of their work;
(ii) develop and then apply their knowledge and skills to a limited range of tasks and roles;
(iii) work within a specified range of contexts where the choice of action is clear and restricted;
(iv) normally develop and then use their competencies within established routines, where methods and procedures are predictable.
Typical activities at this level may include:
(i) assists other employees in their duties;
(ii) appropriate induction to the industry and the routines of the practice;
(iii) basic animal care;
(iv) grooming, feeding, cleaning and restraint as instructed.
(c) Level 2
Work at this level will involve the use of limited discretion and initiative. Knowledge relating to the care of animals will be involved.
An employee at this level will, in addition to level 1 duties:
(i) work under direct supervision with routine checking of their work;
(ii) develop and then apply their knowledge and skills to a limited range of tasks and roles;
(iii) work within a specified range of contexts where the choice of action is clear and restricted;
(iv) normally use their competencies within established routines, where methods and procedures are predictable;
(v) exercise discretion and judgment against established criteria.
Typical activities at this level may include:
(i) basic animal care, animal handling;
(ii) consult duty veterinarian;
(iii) tasks relating to the clinic and surgery including maintaining patient records and compiling patient and client histories;
(iv) ability to undertake basic animal health procedures.
(d) Level 3
General
A Level 3 employee will possess the competencies of Certificate III in Companion in Animal Services or other equivalent qualification or possess knowledge and experience which enables them to operate at trade equivalent level.
An employee at this Level will, in addition to lower level duties:
(i) generally be working with limited supervision ;
(ii) normally use their competencies within established routines, where methods and procedures are predictable;
(iii) exercise discretion and judgment against established criteria.
Typical activities at this level may include:
(i) assist with animal care under limited supervision;
(ii) limited Staff Supervision of introductory and Level 1;
(iii) undertake daily clinic routines and routine monitoring of patient care;
(iv) ability to follow clinic procedures for hazard identification and risk control;
(v) ability to provide grief support to clients/animal owners;
(vi) work in the companion animal industry;
(vii) provide basic first aid for animals.
(e) Level 4
A Level 4 employee will possess the competencies, of AQF Level 4 or other equivalent qualification such as the ACVN. The attainment of these competencies by an individual employee will be determined through a formal assessment process carried out through a Registered Training Organisation.
An employee at this Level will, in addition to lower level duties:
(i) use their competencies within established routines, where methods and procedures are predictable;
(ii) exercise discretion and judgment against established criteria;
(iii) provide veterinary nursing care;
(iv) be registered under the Veterinary Surgeons Act 1960.
Not withstanding the above an employee at this level may also be employed to undertake the duties of an Inspector.
Typical activities and competencies at this level for a veterinary nurse may include:
(i) ability to undertake limited Staff Supervision ;
(ii) ability to undertake daily clinic routines and patient care;
(iii) ability to identifying deviation from normal animal behaviour which may suggest illness, and taking appropriate action;
(iv) ability to undertake the maintenance of records relating to the physical aspects of the animals;
(v) can perform clinic pathology procedures;
(vi) can conduct medical and surgical support;
(vii) can identify vital signs of patients and relate these findings to the supervising veterinary surgeon.
(f) Level 5
A Level 5 employee will possess a Diploma in Veterinary Nursing or recognized equivalent qualification. The attainment of the competencies by an individual employee necessary for the granting of such qualifications, will be determined through a formal assessment process carried out through a Registered Training Organisation.
An employee at this Level will, in addition to lower level duties:
(i) exercise skills, discretion and responsibilities beyond that required at Level 4;
(ii) be registered under the Veterinary Surgeons Act 1960.
(7) Junior employees shall receive the prescribed percentage of the minimum rate for the appropriate classification prescribed in this clause per week:
Under 17 years of age
50%
17 to 18 years of age
60%
18 to 19 years of age
70%
19 to 20 years of age
80%
20 to 21 years of age
90%
(8) An employee placed in charge of three or more other employees shall be paid an amount of $21.20 per week in addition to their ordinary rate of pay.
(9) Where an employee is required to carry out the ordinary hours of duty per day in more than one shift an allowance of $1.92 per day shall be paid
ANIMAL WELFARE INDUSTRY AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THE FEDERATED MISCELLANEOUS WORKERS' UNION OF AUSTRALIA, W.A. BRANCH
APPLICANT
-v-
MR P S ADAMS AND OTHERS
RESPONDENTS
CORAM COMMISSIONER J H SMITH
DATE TUESDAY, 7 FEBRUARY 2006
FILE NO/S APPL 179 OF 1991
CITATION NO. 2006 WAIRC 03662
Result Varied
Representation
Applicant Ms S Northcott
Respondents Mr M O'Connor as agent on behalf of the Respondents for whom warrants have been filed, and there being no appearance by or on behalf of any other Respondents
Order
Having heard Ms Northcott on behalf of the Applicant and Mr O'Connor as agent on behalf of the Respondents for whom warrants have been filed, and there being no appearance by or on behalf of any other Respondents, and by consent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –
THAT the Animal Welfare Industry Award be varied in accordance with the following schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after 7 February 2006.
COMMISSIONER J H SMITH
SCHEDULE
1. Clause 19. – Rates of Pay: Delete this clause and insert the following clause in lieu thereof:
19. – RATES OF PAY
(1) The minimum weekly rate of wage per week payable to an employee covered by this award shall include the base rate plus the arbitrated safety net adjustments reflected hereunder:
Classification |
$ |
7 Feb 06 |
1 July 06 |
1 Jan 07 |
1 July 07 |
Introductory (not exceeding 3 months) |
484.40 |
484.40 |
484.40 |
484.40 |
484.40 |
Level 1 (87.4%) |
484.40 |
494.15 |
503.90 |
513.65 |
523.40 |
Level 2 (92.4%) |
484.40 |
497.13 |
509.92 |
522.71 |
535.55 |
Level 3 (Cert III) (100%) |
484.40 |
507.45 |
531.30 |
554.75 |
578.20 |
Level 4 (Cert IV) (110%) |
518.40 |
547.38 |
576.36 |
605.34 |
634.32 |
Level 5 (Diploma.) (119.4%) |
518.40 |
560.57 |
602.74 |
644.90 |
687.07 |
(2) Classification Structure
For the purposes of determining the appropriate classification level for each employee, the classification definitions in sub clause 6. hereof shall be applied to each employee falling within scope of this Award.
(3) Implementation of Classification Structure
Employees shall be classified at one of the levels specified in this Clause. The classification definitions in this clause describe the relative skills, qualifications, responsibilities and conditions under which employees at each level will work.
(4) Promotion to Higher Levels
All employees shall be given the opportunity to participate in ongoing skills training to enable promotion to the next level. Where possible, this training shall be in accordance with the Animal Care and Management Training Package.
(5) Transitional Arrangements
No employee shall suffer a reduction in their rate of pay or conditions of employment as a result of the introduction of these provisions.
(6) Classification Definitions
(a) Introductory level
An employee who has had no experience in this industry shall initially be engaged at the introductory level for a period not exceeding 3 months. During this period the employer will provide on the job training to assist the employee to gain the appropriate skills.
(b) Level 1
Employees at this level will perform routine tasks involving adherence to determined procedures and with only minimal scope for deviation from these procedures.
An employee at this Level will:
(i) work under direct supervision with regular close checking of their work;
(ii) develop and then apply their knowledge and skills to a limited range of tasks and roles;
(iii) work within a specified range of contexts where the choice of action is clear and restricted;
(iv) normally develop and then use their competencies within established routines, where methods and procedures are predictable.
Typical activities at this level may include:
(i) assists other employees in their duties;
(ii) appropriate induction to the industry and the routines of the practice;
(iii) basic animal care;
(iv) grooming, feeding, cleaning and restraint as instructed.
(c) Level 2
Work at this level will involve the use of limited discretion and initiative. Knowledge relating to the care of animals will be involved.
An employee at this level will, in addition to level 1 duties:
(i) work under direct supervision with routine checking of their work;
(ii) develop and then apply their knowledge and skills to a limited range of tasks and roles;
(iii) work within a specified range of contexts where the choice of action is clear and restricted;
(iv) normally use their competencies within established routines, where methods and procedures are predictable;
(v) exercise discretion and judgment against established criteria.
Typical activities at this level may include:
(i) basic animal care, animal handling;
(ii) consult duty veterinarian;
(iii) tasks relating to the clinic and surgery including maintaining patient records and compiling patient and client histories;
(iv) ability to undertake basic animal health procedures.
(d) Level 3
General
A Level 3 employee will possess the competencies of Certificate III in Companion in Animal Services or other equivalent qualification or possess knowledge and experience which enables them to operate at trade equivalent level.
An employee at this Level will, in addition to lower level duties:
(i) generally be working with limited supervision ;
(ii) normally use their competencies within established routines, where methods and procedures are predictable;
(iii) exercise discretion and judgment against established criteria.
Typical activities at this level may include:
(i) assist with animal care under limited supervision;
(ii) limited Staff Supervision of introductory and Level 1;
(iii) undertake daily clinic routines and routine monitoring of patient care;
(iv) ability to follow clinic procedures for hazard identification and risk control;
(v) ability to provide grief support to clients/animal owners;
(vi) work in the companion animal industry;
(vii) provide basic first aid for animals.
(e) Level 4
A Level 4 employee will possess the competencies, of AQF Level 4 or other equivalent qualification such as the ACVN. The attainment of these competencies by an individual employee will be determined through a formal assessment process carried out through a Registered Training Organisation.
An employee at this Level will, in addition to lower level duties:
(i) use their competencies within established routines, where methods and procedures are predictable;
(ii) exercise discretion and judgment against established criteria;
(iii) provide veterinary nursing care;
(iv) be registered under the Veterinary Surgeons Act 1960.
Not withstanding the above an employee at this level may also be employed to undertake the duties of an Inspector.
Typical activities and competencies at this level for a veterinary nurse may include:
(i) ability to undertake limited Staff Supervision ;
(ii) ability to undertake daily clinic routines and patient care;
(iii) ability to identifying deviation from normal animal behaviour which may suggest illness, and taking appropriate action;
(iv) ability to undertake the maintenance of records relating to the physical aspects of the animals;
(v) can perform clinic pathology procedures;
(vi) can conduct medical and surgical support;
(vii) can identify vital signs of patients and relate these findings to the supervising veterinary surgeon.
(f) Level 5
A Level 5 employee will possess a Diploma in Veterinary Nursing or recognized equivalent qualification. The attainment of the competencies by an individual employee necessary for the granting of such qualifications, will be determined through a formal assessment process carried out through a Registered Training Organisation.
An employee at this Level will, in addition to lower level duties:
(i) exercise skills, discretion and responsibilities beyond that required at Level 4;
(ii) be registered under the Veterinary Surgeons Act 1960.
(7) Junior employees shall receive the prescribed percentage of the minimum rate for the appropriate classification prescribed in this clause per week:
Under 17 years of age |
50% |
17 to 18 years of age |
60% |
18 to 19 years of age |
70% |
19 to 20 years of age |
80% |
20 to 21 years of age |
90% |
(8) An employee placed in charge of three or more other employees shall be paid an amount of $21.20 per week in addition to their ordinary rate of pay.
(9) Where an employee is required to carry out the ordinary hours of duty per day in more than one shift an allowance of $1.92 per day shall be paid