RESTAURANT, TEAROOM AND CATERING WORKERS' AWARD, 1979 (NO R48 OF 1978)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch

APPLICANT

-v-

Restaurant and Catering Industry Association of Employers of Western Australia Inc and Others

RESPONDENT

CORAM Commissioner J L Harrison

DATE FRIday, 24 March 2006

FILE NO/S APPL 17 OF 2006

CITATION NO. 2006 WAIRC 04011

Result Varied

Order

HAVING heard Ms S Northcott on behalf of the applicant, Mr O Moon as agent on behalf of the Restaurant and Catering Industry Association of Employers of Western Australia Incorporated, Ms A Kearney on behalf of the Western Australian Hotels and Hospitality Association Incorporated (Union of Employers) and Ms S Thorp as agent on behalf of a number of respondents, the Commission, pursuant to the powers conferred under the Industrial Relations Act, 1979, hereby orders:

THAT the Restaurant, Tearoom and Catering Workers’ Award, 1979 (No R48 of 1978) be varied in accordance with the following Schedule and that such variation shall have effect from 24 March 2006.

Commissioner J L Harrison

SCHEDULE

1. Clause 2. – Arrangement:  Delete this clause and insert the following in lieu thereof:

2. – ARRANGEMENT

1.  Title

2. Arrangement

3. Area

4. Scope

5. Term

6. Definitions

7. Contract of Service

8. Hours

9. Additional Rates for Ordinary Hours

10. Overtime

11. Casual Employees

12. Part-Time Employees

13. Meal Breaks

14. Meal Money

15. Sick Leave

16. Bereavement Leave

17. Public Holidays

18. Annual Leave

19. Long Service Leave

20. Payment of Wages

20A. Translation of Full-Time and Part-Time Employees

21. Wages

21A. Minimum Adult Award Wage

22. Junior Employees

23. Apprentices

24. Option for Annualised Salary

25. Higher Duties

26. Uniforms and Laundering

27. Protective Clothing

28. Employees’ Equipment

29. No Reductions

30. Board and/or Lodging

31. Travelling Facilities

32 Employment Record

33. Roster

34. Change and Rest Rooms

35. First Aid Kit

36. Posting of Award and Union Notices

37. Superannuation

38. Supported Wage System for Employees with Disabilities

39. Prohibition of Contracting Out of Award

40. Breakdowns

41. Location Allowance

42. Parental Leave

43. National Training Wage

44. Enterprise Flexibility

45. Right of Entry

46. Termination, Introduction Of Change And Redundancy

47. Anti-Discrimination

48. Resolution of Disputes

49. Further Claims

50. Union Delegates and Meetings

51. School Canteen Workers

Schedule A - Named Union Party

Schedule B – Respondents

Appendix – McDonald’s Australia Limited Franchisees

2. Clause 6 – Definitions:

A. Delete subclause (6) of this clause and insert the following in lieu thereof:

(6) Food and Beverage Attendant (Tradesperson) Grade 4 means an employee who has completed the appropriate level of training or who has passed the appropriate trade test and as such carries out specialised skilled duties in a fine dining room or restaurant.

B. Immediately following subclause (26) of this clause insert a new subclause as per the following:

(27) Reasonable Evidence means evidence that would satisfy a reasonable person.

3. Clause 10 – Overtime:  Delete subclause (7) of this clause and insert the following in lieu thereof:

(7) Requirement to work reasonable overtime:

(a) Subject to subclause (5)(b) of this clause an employer may require an employee to work reasonable overtime at overtime rates specified or time off arrangements provided in this clause.

(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

(i) any risk to employee health and safety;

(ii) the employee’s personal circumstances including any family responsibilities;

(iii) the needs of the workplace or enterprise;

(iv) the notice (if any) given by the employer of the overtime and by the employee of their intention to refuse it.

4. Clause 10A. – Translation of Casual Employees:  Delete this number, title and clause.

5. Clause 11. Casual Employees:

A. Delete subclause (4) of this clause and insert the following in lieu thereof:

(4) In addition to the hourly base rate of pay prescribed in subclause (3) of this clause, a casual employee shall also be paid the following loading –

B. Immediately following subclause (5) of this clause insert a new subclause as follows:

(6) A casual employee is to be informed, before they are engaged, that they are employed on a casual basis and that there is no entitlement to paid sick leave or annual leave.

6. Clause 12. – Part-Time Workers:  Delete the title of this clause and insert the following in lieu thereof:

12. - PART-TIME eMPLOYEES

7. Clause 15. – Sick Leave:

A. Delete paragraph (a) and (b) of subclause (1) of this clause and insert the following in lieu thereof:

(1) (a) An employee who is unable to attend or remain at his place of employment during the hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions.

(b) Entitlement to payment shall accrue at the rate of one twenty sixth of a week for each completed week of service with the employer.

B. Delete subclause (4) of this clause and insert the following in lieu thereof:

(4) An employee claiming entitlement under this clause is to provide the employer reasonable evidence of the entitlement.

C. Delete subclauses (6) and (7) of this clause and insert the following in lieu thereof:

(6) Where a business has been transmitted from one employer to another and the worker's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave provisions published in the Western Australian Industrial Gazette as varied from time to time, the paid sick leave standing to the credit of the worker at the date of transmission from service with the transmittor shall stand to the credit of the worker 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 workers who are entitled to payment under the Workers' Compensation and Injury Management Act 1981 nor to workers whose injury or illness is the result of the worker's own misconduct.

D. Immediately following subclause (8) of this clause insert new subclauses as follows:

(9) An employee is entitled to use, each year, up to five (5) days of the employees entitlement to sick leave, to be the primary care giver of a member of the employee’s family or household who is ill or injured and in need of the immediate care and attention.  If requested, the employee must provide reasonable evidence of the entitlement to such leave.

(10) A member of the employee’s family mentioned within subclause (9) of this clause means any of the following:

(a) the employee’s spouse or de facto partner;

(b) a child of whom the employee has parental responsibility as defined by the Family Court Act 1997;

(c) an adult child of the employee;

(d) a parent, sibling or grandparent of the employee.

(11) An employee may take unpaid carer’s leave by agreement with the employer.

8. Clause 16. – Bereavement Leave -  Delete this clause and insert the following in lieu thereof:

(1) (a) Subject to subclause (2) of this clause, on the death of -

(i) the spouse or de facto partner of an employee;

(ii) the child or step-child of an employee;

(iii) the brother or sister of an employee;

(iv) the parent, step-parent, parent-in-law or grandparent of an employee; or

(v) any other person who, immediately before that person's death, lived with the employee as a member of the employee's family,

an employee is entitled to paid bereavement leave of up to 2 days.

(b) The 2 days need not be consecutive.

(c) Bereavement leave is not to be taken during a period of any other kind of leave.

(2) Proof in support of claim for leave

An employee who claims to be entitled to paid leave in accordance with subclause (1) hereof is to provide to the employer, if so requested by the employer, reasonable evidence as to -

(a) the death that is the subject of the leave sought; and

(b) the relationship of the employee to the deceased person.

9. Clause 17. – Holidays:  Delete the title of this clause and insert the following in lieu thereof:

17. - PUBLIC HOLIDAYS

10. Clause 18. – Annual Leave:

A. Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) (a) An employee is entitled, for each year of continuous service, to a period of four (4) weeks annual leave with payment at the employee’s ordinary rate of wage.  Entitlements to annual leave will accrue at the rate of one-thirteenth of a week for each completed week of service.

(b) Where pursuant to paragraph (3) of subclause (2) of the Long Service Leave provisions published in the Western Australian Industrial Gazette as varied from time to time, the period of continuous service which an employee has had with the transmittor (including any such service with any prior transmittor) is deemed to be service of the employee with the transmittee then that period of continuous service shall be deemed to be service with the transmittee for the purposes of this sub-clause.

B. Delete subclause (4) of this clause and insert the following in lieu thereof:

(4) Employees continue to accrue annual leave while on paid leave including but not limited to:

(a) annual leave

(b) long service leave

(c) observing a public holiday prescribed by this award

(d) sick leave

(e) bereavement leave.

C. Delete sub-paragraph (i) of paragraph (a) of subclause (5) of this clause and insert the following in lieu thereof:

(i) the transmission of a business where paragraph (b) of subclause (1) of this clause applies;

D. Delete paragraph (b) of subclause (6) of this clause and insert the following in lieu thereof:

(b) An employee whose employment terminates and who has not taken the leave prescribed under this clause shall be given payment in lieu of that leave at the rate of one thirteenth of a week’s pay (2.923 hours pay) at their ordinary rate of wage for each completed week of service, or for part-timers the entitlement accrues pro rata to this rate.

E. Delete subclause (9) of this clause and insert the following in lieu thereof:

(9) (a) An employer and employee may agree, in writing, that annual leave prescribed by this clause may be given and taken before the completion of 12 months continuous service as prescribed by subclause (1) of this clause.

(b) If the service of an employee terminates and the employee has taken a period of leave in accordance with this subclause and if the period of leave so taken exceeds that which would become due pursuant to subclause (6) of this clause the employee shall be liable to pay the amount representing the difference between the amount received by him/her for the period of leave taken in accordance with this subclause and the amount that would have accrued in accordance with subclause (6) of this clause.  The employer may deduct this amount from monies due to the employee by reason of the other provisions of this award at the time of termination.

(c) The annual leave loading provided by subclause (2) of this clause, shall not be payable when annual leave is taken in advance pursuant to the provisions of this subclause.  The loading not paid, for the period of leave taken in advance, shall be payable to the employee at the end of the first pay period following the employee completing the qualifying period of continuous service provided in subclause (1) of this clause.

11. Clause 19. – Long Service Leave:  Delete this clause and insert the following in lieu thereof:

The Long Service Leave General Order provisions as varied from time to time published in the Western Australian Industrial Gazette, are hereby incorporated in and shall be deemed to be part of this award.

12 . Clause 21A. – Minimum Wage – Adult Males & Females:  Delete the title of this clause and insert the following in lieu thereof:

21A. - MINIMUM ADULT AWARD WAGE

13. Clause 22. – Junior Workers:  Delete the title of this clause and insert the following in lieu thereof:

Clause 22. - Junior EMPLOYEES

14. Clause 23. – Apprentices:  Delete this clause and insert the following in lieu thereof:

(1) Apprentices may be taken to the trade of cooking in the ratio of one apprentice for every two or fraction of two (the fraction being not less than one) tradesperson employed and shall not be taken in excess of that ratio unless -

(a) the Union so agrees; or

(b) the Commission so determines.

(2) Wages (per fortnight) expressed as a percentage of the "Tradesperson's Rate".

(d) For the purposes of this subclause the term "Tradesperson’s Rate" means the total rate payable to a "Qualified Cook", as prescribed in Clause 21. - Wages of this award.

15. Clause 26 – Uniforms and Laundering: Delete subclause (4) of this clause and insert the following in lieu thereof:

(4) Any dispute in respect to the application of this clause may be dealt with in accordance with Clause 48. - Resolution of Disputes of this award.

16. Clause 27. – Protective Clothing:  Delete subclause (5) of this clause and insert the following in lieu thereof:

(5) Any dispute in respect to the application of this clause may be dealt with in accordance with Clause 48 - Resolution of Disputes of this award.

17. Clause 28. Workers’ Equipment:  Delete the title of this clause and insert the following in lieu thereof:

28. – EMPLOYEES’ EQUIPMENT

18. Clause 30. – Board and/or Lodging:  Delete subclause (4) of this clause and insert the following in lieu thereof:

(4) Any dispute in respect to the application of this clause may be dealt with in accordance with Clause 48. – Resolution of Disputes of this award.

19. Clause 32. – Record:

A. Delete the title of this clause and insert the following in lieu thereof:

32 - EMPLOYMENT RECORD

B. Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Each employer bound by this award shall maintain a record at each establishment in compliance with the requirements of the Industrial Relations Act 1979 or any other legislation that makes provision for employment records.

Such record shall also contain the following information relating to each worker:

(a) The name and address given by the worker;

(b) The age of the worker if paid as a junior worker;

(c) The classification of the worker and whether the worker is full-time, part-time or casual;

(d) The commencing and finishing times of each period of work each day;

(e) The number of ordinary hours and the number of overtime hours worked each day and the totals for each pay period; and

(f) The wages and any allowances paid to the worker each pay period and any deductions made therefrom.

C. Delete paragraph (c) and (d) of subclause (3) of this clause and insert the following in lieu thereof:

(c) In this clause “relevant person” means –

(i) the employee concerned;

(ii) if the employee is a represented person, his or her representative;

(iii) a person authorized in writing by the employee; and

(iv) an officer referred to in section 93 of the Industrial Relations Act 1979 authorised in writing by the Registrar.

(d) Before exercising a power of inspection the relevant person shall give reasonable notice of not less than 24 hours to the employer.

(e) Subject to this clause the record shall be available for inspection by a relevant person on the employer's premises from Monday to Friday, both inclusive, between the hours of 9.00 am to 5.00 pm (excepting the period between 12.00 noon and 2.00 pm).  In the case of any establishment which is only open for business after 5.00 pm or on a Saturday or Sunday, the record shall be open for inspection during all business hours of that establishment.

(f) The relevant person shall be permitted reasonable time to inspect the record and, if the relevant person requires, take an extract or copy of any of the information contained therein.

D. Delete subclause (4) of this clause and insert the following in lieu thereof:

(4) (a) If, for any reason, the record is not available for inspection by the relevant person when the request is made, the relevant person and the employer or the employer’s agent may fix a mutually convenient time for the inspection to take place.

(b) If a mutually convenient time cannot be fixed, the relevant person may advise the employer in writing that he or she requires to inspect the record in accordance with the provisions of this award and shall specify the period contained in the record which he or she requires to inspect.

(c) Within 10 days of receipt of such advice:

(i) Employers who normally keep the record at a place more than 40 kilometres from the GPO, Perth shall send a copy of that part of the record specified to the office of the relevant person; and

(ii) Employers who normally keep the record at a place less than 40 kilometres from the GPO, Perth shall make the record available to the relevant person at the time specified by the relevant person. If the record is not then made available to the relevant person the employer shall within three days send a copy of that part of the record specified to the office of the relevant person.

(d) In the event of a demand made by the relevant person which the employer considers unreasonable the employer may apply to the Western Australian Industrial Relations Commission for direction. An application to the Western Australian Industrial Relations Commission by an employer for direction will subject to that direction, stay the requirements contained elsewhere in this subclause.

20. Clause 33. – Roster:  Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) The roster shall be open for inspection at such times and to such “relevant persons” as the Employment Record is open for inspection.

21. Clause 34. – Change and Restrooms:  Delete this clause and insert the following in lieu thereof:

Each employer shall provide a change and rest room in cases where workers do not reside on the premises, which shall be adequately lighted and ventilated and be sufficiently roomy to accommodate all workers likely to use it at the one time.  Such rest rooms shall be provided with a lounge, couch or bed, steel or vermin-proof lockers, suitable floor coverings, and a table or tables with adequate seating accommodation where workers may partake of meals.  These workers shall have access to a bathroom with hot and cold water facilities.

Any dispute in respect to the application of this clause may be dealt with in accordance with Clause 48.- Resolution of Disputes of this award.

22. Clause 37. – Superannuation:  Delete this clause and insert the following in lieu thereof:

(1) The employer shall contribute on behalf of the employee in accordance with the requirements of the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992 and the Superannuation (Resolution of Complaints) Act 1993 as varied from time to time.

(2) Contributions shall be paid into one of the following funds:

(a) Any complying fund nominated by the employee; or

(b) Hostplus Super Fund, which shall become the “nominated fund” if no fund is nominated by the employee.

(3) Contributions shall be paid into the nominated fund on a quarterly basis, within thirty (30) days of the end of each quarter.

(4) For the purposes of this clause the employee’s ordinary time earnings shall include base classification rate, shift and weekend penalties and any other all purpose allowance or penalty payment for work in ordinary time and in respect of casual employees the casual loading.

(5) Employee’s Options

(a) Within 14 days of commencing employment, the employer shall notify the employee of the employee’s entitlement to nominate a complying fund.

(b) Any failure by the employee to nominate a fund shall not affect the employee’s eligibility to receive contributions.

(c) The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made.

(d) The employer shall not unreasonably refuse to agree to a change of complying fund requested by an employee.

(e) Employees' Additional Voluntary Contributions

The employer shall deduct additional contributions from an employee's wages and pay them to the fund in compliance with both of the following:

(i) the rules of the fund; and

(ii) the directions of the employee;

but not otherwise.

23. Clause 38. - Over-Award Payments to Clause 54. - School Canteen Workers inclusive:  Delete these numbers, titles and clauses and insert the following in lieu thereof:

38. - SUPPORTED WAGE SYSTEM FOR EMPLOYEES WITH DISABILITIES

(1) Workers eligible for a supported wage

This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this Award.  In the context of this clause, the following definitions will apply:

(a) Supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full Award wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process.

(b) Accredited assessor means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual's productive capacity within the Supported Wage System.

(c) Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

(d) Assessment instrument means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

(2) Eligibility criteria

(a) Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this Award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension.

(b) The clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers' compensation legislation or any provision of this Award relating to the rehabilitation of employees who are injured in the course of their current employment.

(c) The Award does not apply to employers in respect of their facility, programme, undertaking service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or s.12A of the Disability Services Act 1986, or if a part only has received recognition, that part.

(3) Supported wage rates

(a) Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:

(b) Provided that the minimum amount payable shall be not less than as provided by the National Supported Wage System.

(c) Where a person's assessed capacity is 10 per cent, they shall receive a high degree of assistance and support.

(4) Assessment of capacity

For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:

(a) the employer and a union party to the award, in consultation with the employee or, if desired by any of these;

(b) the employer and an Accredited Assessor from a panel agreed by the parties to the award and the employee.

(5) Lodgement of assessment instrument

(a) All assessment instruments under the conditions of this clause, including the appropriate percentage of the Award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Industrial Relations Commission.

(b) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the award, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within 10 working days.

(6) Review of assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review.  The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

(7) Other terms and conditions of employment

Where an assessment has been made, the applicable percentage shall apply to the wage rate only.  Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.

(8) Workplace adjustment

An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job.  Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the areas.

(9) Trial period

(a) In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except in some cases additional work adjustment time (not exceeding four weeks) may be needed.

(b) During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

(c) The minimum amount payable to the employee during the trial period shall be no less than as provided by the National Supported Wage System.

(d) Work trials should include induction or training as appropriate to the job being trialled.

(e) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under subclause (4) of this clause.

39. - PROHIBITION OF CONTRACTING OUT OF AWARD

All workers covered by the terms of this award shall be paid not less than the wages prescribed by this award and shall work in accordance with provisions not less advantageous to him than the provisions of this award, notwithstanding anything that may be determined to the contrary by the employer, or by the employer in agreement with the worker.

40. - BREAKDOWNS

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 breakdown of the employer's machinery or any stoppage of work by any cause which the employer cannot reasonably prevent.

41. - LOCATION ALLOWANCE

(1) Subject to the provisions of this clause, in addition to the rates prescribed in the wages clause of this award, an employee shall be paid the following weekly allowances when employed in the towns prescribed hereunder.  Provided that where the wages are prescribed as fortnightly rates of pay, these allowances shall be shown as fortnightly allowances.

(2) Except as provided in subclause (3) of this clause, an employee who has:

(a) a dependant shall be paid double the allowance prescribed in subclause (1) of this clause;

(b) a partial dependant shall be paid the allowance prescribed in subclause (1) of this clause plus the difference between that rate and the amount such partial dependant is receiving by way of a district or location allowance.

(3) Where an employee:

(a) is provided with board and lodging by his/her employer, free of charge; or

(b) is provided with an allowance in lieu of board and lodging by virtue of the award or an order or agreement made pursuant to the Act;

such employee shall be paid 662/3 per cent of the allowances prescribed in subclause (1) of this clause.

(4) Subject to subclause (2) of this clause, junior employees, casual employees, part time employees, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.

(5) Where an employee is on annual leave or receives payment in lieu of annual leave he/she shall be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled.

(6) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he/she shall only be paid location allowance for the period of such leave he/she remains in the location in which he/she is employed.

(7) For the purposes of this clause:

(a) "Dependant" shall mean -

(i) a spouse or defacto partner; or

(ii) a child where there is no spouse or defacto partner;

who does not receive a location allowance or who, if in receipt of a salary or wage package, receives no consideration for which the location allowance is payable pursuant to the provisions of this clause.

(b) "Partial Dependant" shall mean a "dependant" as prescribed in paragraph (a) of this subclause who receives a location allowance which is less than the location allowance prescribed in subclause (1) of this clause or who, if in receipt of a salary or wage package, receives less than a full consideration for which the location allowance is payable pursuant to the provisions of this clause.

(8) Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of subclause (1) of this clause shall be such amount as may be agreed between Australian Mines and Metals Association, the Chamber of Commerce and Industry of Western Australia and the Trades and Labor Council of Western Australia or, failing such agreement, as may be determined by the Commission.

(9) Subject to the making of a General Order pursuant to s.50 of the Act, that part of each location allowance representing prices shall be varied from the beginning of the first pay period commencing on or after the 1st day in July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing), for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest ten cents.

42. - PARENTAL LEAVE

(1) Subject to the terms of this clause employees are entitled to parental leave.

(2) For the purposes of this clause “continuous service” is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).

(3) Definitions

In this clause -

"adoption", in relation to a child, is a reference to a child who -

(a) is not the child or the step-child of the employee or the employee's partner;

(b) is less than 5 years of age; and

(c) has not lived continuously with the employee for 6 months or longer;

"continuous service" means service under an unbroken contract of employment and includes -

(a) any period of parental leave; and

(b) any period of leave or absence authorised by the employer;

"expected date of birth" means the day certified by a medical practitioner to be the day on which the medical practitioner expects the employee or the employee's partner, as the case may be, to give birth to a child;

"parental leave" means leave provided for by subclause (4)(a);

"partner" means a spouse or de facto partner.

(4) Entitlement to Parental Leave

(a) Subject to subclauses (6), (7)(a) and (8)(a), an employee, other than a casual employee, is entitled to take up to 52 consecutive weeks of unpaid leave in respect of -

(i) the birth of a child to the employee or the employee's partner; or

(ii) the placement of a child with the employee with a view to the adoption of the child by the employee.

(b) An employee is not entitled to take parental leave unless the employee ‑

(i) has, before the expected date of birth or placement, completed at least 12 months' continuous service with the employer; and

(ii) has given the employer at least 10 weeks written notice of the employee's intention to take the leave.

(c) An employee is not entitled to take parental leave at the same time as the employee's partner but this paragraph does not apply to one week's parental leave -

(i) taken by the employee and the employee’s partner immediately after the birth of the child; or

(ii) taken by the employee and the employee's partner immediately after a child has been placed with them with a view to their adoption of the child.

(d) The entitlement to parental leave is reduced by any period of parental leave taken by the employee's partner in relation to the same child, except the period of one week's leave referred to in paragraph (c) of this subclause.

(5) Maternity leave to start 6 weeks before birth

A female employee who is pregnant and who has given notice of her intention to take parental leave is to start the leave 6 weeks before the expected date of birth, unless in respect of any period closer to the expected date of birth a medical practitioner has certified that the employee is fit to work.

(6) Medical certificate

An employee who has given notice of the employee's intention to take parental leave, other than for adoption, is to provide to the employer a certificate from a medical practitioner stating that the employee or the employee's partner, as the case may be, is pregnant and the expected date of birth.

(7) Notice of partner’s parental leave

(a) An employee who has given notice of the employee's intention to take parental leave or who is actually taking parental leave is to notify the employer of particulars of any period of parental leave taken or to be taken by the employee's partner in relation to the same child.

(b) Any notice given under paragraph (a) is to be supported by a statutory declaration by the employee as to the truth of the particulars notified.

(8) Notice of parental leave details

(a) An employee who has given notice of the employee's intention to take parental leave is to notify the employer of the dates on which the employee wishes to start and finish the leave no less than four weeks before the proposed commencement date.

(b) An employee who is taking parental leave is to notify the employer of any change to the date on which the employee wishes to finish the leave.

(c) The starting and finishing dates of a period of parental leave are to be agreed between the employee and employer.

(9) Return to work after parental leave

(a) An employee shall confirm the employee’s intention of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of the period of parental leave.

(b) On finishing parental leave, an employee is entitled to the position the employee held immediately before starting parental leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (12) of this clause, to the position the employee held immediately before such transfer.

(c) If the position referred to in paragraph (b) of this subclause is not available, the employee is entitled to an available position –

(i) for which the employee is qualified; and

(ii) that the employee is capable of performing, most comparable in status and pay to that of the employee's former position.

(d) Where, immediately before starting parental leave, an employee was acting in, or performing on a temporary basis the duties of the position referred to in paragraph (b) of this subclause, that paragraph applies only in respect of the position held by the employee immediately before taking the acting or temporary position.

(e) Notwithstanding paragraphs (b) and (c) of this subclause, an employer and an employee may agree to an alternative return to work arrangement such as part-time employment, having regard to:

(i) applicable discrimination legislation;

(ii) the requirements of the employee;

(iii) the operational needs of the employer; and

(iv) any other relevant matter.

(10) Effect of parental leave on employment

Absence on parental leave -

(a) does not break the continuity of service of an employee; and

(b) is not to be taken into account when calculating the period of service for the purpose of this award.

(11) Sick Leave

Where an employee not then on maternity leave suffers an 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 know 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.

(12) 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 parental 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 this clause.

(13) Variation of Period of Parental Leave

(a) Provided the addition does not extend the parental 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.

(14) Cancellation of Parental Leave

(a) Parental leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee or the employee’s partner, as the case may be, terminates other than by the birth of a living child.

(b) Where the pregnancy of an employee or an employee’s partner, as the case may be, then on parental 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 four weeks from the date of notice in writing by the employee to the employer that the employee desires to resume work.

(15) Special Maternity Leave

(a) Where the pregnancy of a female employee not then on parental 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) For the purposes of subclauses (10), (16) and (17) hereof, maternity leave shall include special maternity leave.

(c) 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 (12), to the position the employee 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 the employee is capable of performing, the employee shall be entitled to a position as nearly comparable in status and salary or wage to that of the employee’s former position.

(16) Parental Leave and Other Leave Entitlements

Provided the aggregate of leave including leave taken pursuant to subclauses (12) and (15) 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 the employee 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 absence on parental leave.

(17) Termination of Employment

(a) An employee on parental leave may terminate their 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 the employee’s absence on maternity leave or, in the case of a female employee, her pregnancy, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

(18) Replacement Employees

(a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on parental 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 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 the employee’s employment continues beyond the 12 months qualifying period.

43. - NATIONAL TRAINING WAGE

The terms of the federal National Training Wage Award 2000 (as subsequently amended from time to time) apply to this award provided the following clauses and Schedules are excluded –

• Clause 3. - Anti-discrimination

• Clause 4. - Parties Bound

• Clause 6. - Super-session

• Clause 7. - Period of Operation

• Schedule A

• Schedule B

44. - ENTERPRISE FLEXIBILITY

(1) Employers and employees covered by this award may negotiate and reach agreement to apply to vary any provision of this award so as to make the enterprise or workplace operate more efficiently according to its particular needs.

(2) Employees may seek advice from, or be represented by, the union during the negotiations for an agreement.

(3) Where agreement is reached at an enterprise or workplace and where giving effect to such agreement requires this award, as it applies at the enterprise or workplace, to be varied, an application to vary the award shall be made to the Commission.

(4) A copy of the agreement shall be made available in writing to all employees at the enterprise or workplace and to the union party to this award.

(5) The union shall not unreasonably oppose the application to vary the award to give effect to the terms of the agreement.

(6) When this award is varied to give effect to an agreement made pursuant to this clause the variation shall become a schedule to this award and the variation shall take precedence over any provision of this award to the extent of any expressly identified inconsistency.

(7) The agreement must meet the following requirements to enable the Commission to vary this award to give effect to it:

(a) that the purpose of the agreement is to make the enterprise or workplace operate more efficiently according to its particular needs;

(b) that the majority of employees covered by the agreement genuinely agree to it;

(c) where the union has members at the enterprise or workplace, the union has been given reasonable advice of the intention to negotiate an agreement, provided that this paragraph shall not apply where the employer could not reasonably be expected to have known the union has members at the enterprise or workplace;

(d) that the award variation necessitated by the agreement does not in relation to their terms and conditions of employment, disadvantage the employees who would be affected by the variation.

(8) For the purposes of subclause (7) hereof, an agreement is taken to disadvantage employees in relation to their terms and conditions of employment only if:

(a) it would result in the reduction of any entitlements or protection of those employees under:

(i) the award; or

(ii) any other law of the Commonwealth or State that the Commission thinks relevant; and

(b) in the context of their terms and conditions of employment considered as a whole, the Commission considers that the reduction is contrary to the public interest.

(9) Nothing in this clause shall be taken as limiting the right of any party to apply to give effect to an enterprise agreement under any other provisions of the Industrial Relations Act, 1979.

45 - RIGHT OF ENTRY

An authorised representative of the union shall be entitled to exercise right of entry in accordance with the provisions of the Industrial Relations Act 1979 or any other legislation that makes provision for right of entry.

46. - TERMINATION, INTRODUCTION OF CHANGE AND REDUNDANCY

(1) Statement of Employment

An employer shall, in the event of termination of employment, provide upon request to the employee who has been terminated a written statement specifying the period of employment and the classification or type of work and duties performed by the employee.

(2) Job Search entitlement

(a) During the period of notice of termination given by the employer an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.  The time off shall be taken at times that are convenient to the employee after consultation with the employer.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent.  For this purpose a statutory declaration will be sufficient.

(3) Introduction of Change - Employer’s Duty to Notify

(a) Where an employer decides to introduce changes in production, program, organisation, structure or technology, that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and, if an employee nominates a union to represent him or her, the union nominated by the employee.

(b) “Significant effects” includes termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of a job opportunity, a promotion opportunity or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

(4) Employer’s Duty to Consult over Change

(a) The employer shall consult the employees affected and, if an employee nominates a union to represent him or her, the union nominated by the employee, about the introduction of the changes, the effects the changes are likely to have on employees (including the number and categories of employees likely to be dismissed, and the time when, or the period over which, the employer intends to carry out the dismissals), and the ways to avoid or minimise the effects of the changes (e.g. by finding alternate employment).

(b) The consultation shall commence as soon as practicable after making the decision referred to in the “Employer’s Duty to Notify” clause.

(c) For the purpose of such consultation the employer shall provide in writing to the employees concerned and, if an employee nominates a union to represent him or her, the union nominated by the employee, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees, and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer’s interests.

(5) Redundancy

(a) Definitions

“Business” includes trade, process, business or occupation and includes part of any such business.

“Redundancy” occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone.

“Transmission” includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and “transmitted” has a corresponding meaning.

“Weeks’ pay” means the ordinary time rate of pay for the employee concerned.  Provided that such rate shall exclude:

(i) overtime;

(ii) penalty rates;

(iii) disability allowances;

(iv) shift allowances;

(v) special rates;

(vi) fares and travelling time allowances;

(vii) bonuses; and

(viii) any other ancillary payments of a like nature.

(b) Consultation Before Terminations

(i) Where an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone and that decision may lead to termination of employment, the employer shall consult the employee directly affected and if an employee nominates a union to represent him or her, the union nominated by the employee.

(ii) The consultation shall take place as soon as is practicable after the employer has made a decision to which subclause (5)(b)(i) applies and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse affects on the employees concerned.

(iii) For the purpose of the consultation the employer shall, as soon as practicable, provide in writing to the employees concerned and if an employee nominates a union to represent him or her, the union nominated by the employee, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of employees normally employed and the period over which the terminations are likely to be carried out.  Provided that an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer’s interests.

(c) Transfer to lower paid duties

(i) Where an employee is transferred to lower paid duties by reason of redundancy the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated.

(ii) The employer may, at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the employer would have been liable to pay and the new lower amount the employer is liable to pay the employee for the number of weeks of notice still owing.

(iii) The amounts must be worked out on the basis of:

(aa) the ordinary working hours to be worked by the employee; and

(bb) the amounts payable to the employee for the hours including for example, allowances, loading and penalties; and

(cc) any other amounts payable under the employee’s contract of employment.

(d) Severance Pay

(i) In addition to the period of notice prescribed for ordinary termination, an employee whose employment is terminated by reason of redundancy must be paid, subject to further order of the Commission, the following amount of severance pay in respect of a continuous period of service:  Provided that the entitlement of any employee whose employment terminates on or before 1 February 2006 shall not exceed 8 weeks’ pay.

(ii) Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.

(iii) For the purpose of this clause continuity of service shall not be broken on account of -

(aa) any interruption or termination of the employment by the employer if such interruption or termination has been made merely with the intention of avoiding the obligations of this clause in respect of leave of absence;

(bb) any absence from work on account of leave granted by the employer; or

(cc) any absence with reasonable cause, proof whereof shall be upon the employee;

Provided that in the calculation of continuous service any time in respect of which any employee is absent from work except time for which an employee is entitled to claim paid leave shall not count as time worked.

Service by the employee with a business which has been transmitted from one employer to another and the employee’s service has been deemed continuous in accordance with clause 2(3) or (4) of the Long Service Leave Provisions published in Part 1 (January) of each volume of the Western Australian Industrial Gazette shall also constitute continuous service for the purpose of this clause.

(e) Employee leaving during notice period

An employee whose employment is terminated by reason of redundancy may terminate his/her employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had they remained with the employer until the expiry of such notice.  However, in this circumstance the employee will not be entitled to payment in lieu of notice.

(f) Alternative employment

(i) An employer, in a particular redundancy case, may make application to the Commission to have the severance payment prescribed varied if the employer obtains acceptable alternative employment for an employee.

(ii) This subclause does not apply in circumstances involving transmission of business as set out in subclause (5)(g) of this clause.

(g) Transmission of business

(i) The provisions of subclause (5) are not applicable where a business is before or after the date of this order, transmitted from an employer (in this subclause called “the transmittor”) to another employer (in this subclause called “the transmittee”), in any of the following circumstances:

(aa) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

(bb) Where the employee rejects an offer of employment with the transmittee:

(A) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

(B) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service with the transmittee.

(ii) The Commission may vary 5(g)(i)(bb) if it is satisfied that this provision would operate unfairly in a particular case.

(h) Notice to Centrelink

Where a decision has been made to terminate employees in the circumstances outlined in the “Consultation Before Terminations” clause, the employer shall notify Centrelink as soon as possible giving all relevant information about the proposed terminations, including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected, the number of employees normally employed and the period over which the terminations are intended to be carried out.

(i) Employees exempted

This clause does not apply:

(i) Where employment is terminated as a consequence of serious misconduct that justifies dismissal without notice.

(ii) Except for subclause (5)(b), to employees with less than one year’s service.

(iii) Except for subclause (5)(b), to probationary employees.

(iv) To apprentices.

(v) To trainees.

(vi) Except for subclause (5)(b), to employees engaged for a specific period of time or for a specified task or tasks; or

(vii) To casual employees.

(j) Employers Exempted

Subject to an order of the Commission, in a particular redundancy case, subclause (5)(d) shall not apply to employers who employ less than 15 employees.

(k) Incapacity to pay

An employer or a group of employers, in a particular redundancy case, may make application to the Commission to have the severance payment prescribed varied on the basis of the employer’s incapacity to pay.

47. - ANTI-DISCRIMINATION

(1) It is the intention of the respondents to this award to respect and value the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, natural extraction or social origin.

(2) Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

(3) Nothing in this clause is taken to affect:

(a) any different treatment (or treatment having different effects) which is specifically exempted under the State or Commonwealth anti-discrimination legislation;

(b) junior rates of pay;

(c) an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;

(d) a reason for terminating employment if the reason is based on the inherent requirements of the particular position concerned; or

(e) a reason for terminating a person's employment as a member of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, if the employer terminates the employment in good faith to avoid injury to the religious susceptibilities of adherents of that religion or creed.

48 – RESOLUTION OF DISPUTES.

Subject to the Industrial Relations Act 1979 (as amended) in the event of a problem, grievance, question, dispute, claim or difficulty that affects one or more employees, or arises from the employees work or contract of employment, the following procedure shall apply:

(1) At first instance the matter shall be raised at site level with the foreman/supervisor/manager as appropriate.

(2) In the event that the matter is unresolved it may be raised at the enterprise level by the individual concerned (or his/her representative), or the shop steward or union official involved.

(3) If the matter is still not resolved it may be referred to the Western Australian Industrial Relations Commission for determination, and if necessary arbitration.

(4) The parties will attempt to resolve the matter prior to either party referring the matter to the Western Australian Industrial Relations Commission.

(5) Nothing in this clause shall be read so as to exclude an organisation party to or bound by the award/industrial agreement from representing its members.

49. - FURTHER CLAIMS

(1) The consent variations made to the award in matters 381 of 1995 and 582 of 1994 do not prejudice either party in respect of any further claim made after 1 July 2003 in relation to the following matters or matters that reasonably relate to those matters –

(a) penalty rates for ordinary hours for casuals on week-ends or public holidays; and

(b) ‘additional rates’ for ordinary hours for casuals.

(2) The parties will not seek to rely on the consent variations as a basis for any future claims of the above matters and any such claim must be established on its merits.

(3) Further, the parties agree that in any future arbitration of the above matters the onus lies with the party then seeking the variation.

50. - UNION DELEGATES AND MEETINGS

(1) In an establishment a Union Delegate may be elected by the employees.  Such Delegate shall be recognised by the employer, and shall be allowed all necessary time during working hours to submit to the employer industrial matters affecting the employees whom he represents and further shall be allowed reasonable time during working hours to attend to any industrial dispute or industrial matter that may arise affecting the employees in that establishment.

(2) The Union and an employer may agree to further delegates having regard for the size of the establishment and the shift arrangements for the work performed.

(3) Prior to the intended dismissal of a Union Delegate, the employer shall notify the union accordingly of the reasons for such dismissal.

(4) (a) At each employer’s establishment the union shall be allowed to convene one "Union Meeting" each year, during ordinary working hours, in accordance with the following conditions:-

(i) such meeting shall be held on any day of the week other than a Thursday, Friday or Saturday, Sunday or public holiday;

(ii) the duration of such meeting shall not exceed three hours;

(iii) the time, date and venue of such meeting shall be agreed between the Union and the employer;

(iv) each employee attending the meeting during ordinary rostered working hours, shall be paid for such hours, provided that the employee produces satisfactory evidence of having been in attendance at the meeting to his or her employer.

(b) For the purposes of this sub-clause and by agreement between the Union and the employer, the term "Union Meeting", may mean several individual meetings held at different times, dates and venues to discuss the same subject matter provided that an employee shall only be entitled to attend or be paid for attending one (1) meeting each year.

(5) To avoid doubt, agreement in this clause may not be unreasonably withheld.

51. – SCHOOL CANTEEN WORKERS

(1) Without limiting the scope of this Award, the provisions of this clause shall only apply to canteen workers employed in government schools.

(2) This clause shall not apply to canteen workers employed by the Director General of the Department of Education and Training.

(3) To the extent that the provisions of this clause are inconsistent with the provisions in any other clause of this Award, the provisions of this clause shall prevail.

(4) Definitions

(a) Canteen Worker

Means an employee who works in a school canteen.

(b) Committee

Means a person or persons delegated with the function of overseeing the management of a school canteen.

(c) Canteen Worker Grade 2

Means a canteen worker who is engaged in any of the following:

● Supplying, dispensing, warming or generally preparing light snack meals;

● Undertaking general serving duties of both food and/or refreshments;

● Maintaining canteen cleanliness;

● Attending a canteen customer service counter;

● Receipt of monies and dispensing change;

● Delivery duties to classrooms, when required.

(d) Canteen Worker Grade 3

Means a canteen worker who coordinates volunteers and a maximum of two other canteen workers who work a combined maximum total of 55 hours per week, and/or in addition to Grade 2 is engaged in any of the following:

● Controls canteen stock (including the weekly receipt, recording and ordering of basic pro forma stock);

● In consultation with Committee coordinates rosters for staff and volunteers;

● In consultation with Committee coordinates and/or prices snack food menus.

(e) Canteen Supervisor Grade 4

Means a canteen worker who supervises volunteers and more than two other canteen employees and/or in addition to Grade 3;

● Manages canteen stock (including responsibility for stock take and budgeted ordering).

(5) Canteen workers shall commence employment at a level not lower than Food and Beverage Attendant Grade 2.

(6) Part-time Canteen Worker

(a) A part-time canteen worker shall mean a worker who, subject to the provisions of Clause 8. Hours, regularly works no less than twenty ordinary hours per fortnight nor less than three hours per work period.

(b) Notwithstanding the provisions of Clause 12. – Part Time Workers and subclause (6)(a) of this clause a worker employed in a canteen may be employed for less than twenty ordinary hours per fortnight but for no less than three hours per day on a regular and rostered basis on set hours of the day and set days of the week.

(c) A worker employed in a canteen in accord with subclause (6)(b) of this clause and rostered for less than twenty ordinary hours per fortnight shall be paid in accord with Clause 10. – Overtime, for hours worked in excess of such rostered hours.

(d) Notwithstanding any other provisions of this award, the employer and the worker, other than a worker employed in accord with subclause (6)(b) of this clause may, by agreement, increase the ordinary hours to be worked in any particular pay period to a maximum of seventy-six ordinary hours.  Such extra hours shall be paid for at ordinary rates of pay.

(e) A part-time worker shall receive payment for wages, annual leave, holidays, bereavement leave and sick leave on a pro-rata basis in the same proportion as the number of hours worked each fortnight bears to seventy-six hours.

(7) No Reductions

Nothing contained in this clause shall operate to reduce the wages of any employee who, at the date of insertion of this clause, was being paid a higher rate of wage than the minimum prescribed for their class of work.

24. Appendix – Resolution of Disputes Requirement:  Delete this title and appendix.

25 Schedule A – Named Parties:  Delete this schedule and insert the following in lieu thereof:

The Liquor, Hospitality and Miscellaneous Union, Western Australian Branch

Restaurant and Catering Industry Association of Employers of Western Australia Inc

Western Australian Hotels and Hospitality Association Incorporated (Union of Employers)

26. Schedule B – Respondents:  Delete this schedule and insert the following in lieu thereof:

Frasers Restaurant 

Forum Tea & Coffee Lounge

San Remo Pizza Parlour

Chesterton Lodge Catering

Shell Roadhouse Karratha

Meals on Wheels

Perth City Council

The City of Stirling

Westralian Farmers Co-Op Ltd

Co-Operative Bulk Handling Ltd

Peters Ice-Cream (W.A.) Pty Ltd

Arnott Biscuits Ltd

The Shell Co. of Australia Ltd

B.P. Refinery Pty Ltd

Yule Brook College Parents and Citizens’ Association Incorporated

Fast Eddy’s Café

27. Schedule C – Letter to Employees: Delete this title and schedule.

28. Appendix – S.49B – Inspection of Records Requirements: Delete this title and appendix.