LAUNDRY WORKERS' AWARD, 1981

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Australian Liquor, Hospitality and Miscellaneous Workers Union of Western Australian Branch

APPLICANT

-v-

Fremantle Steam Laundry Co Pty Ltd & OTHERS

RESPONDENTS

CORAM Commissioner J H Smith

DATE THURSDAY, 23 MARCH 2006

FILE NO/S APPL 398 OF 2004

CITATION NO. 2006 WAIRC 04042

Result Award varied

Representation

Applicant Ms S Northcott

Respondents Mr M O’Connor (as agent on behalf of Respondents for whom warrants have been filed)

No appearance by or on behalf of any other Respondents

Order

Having heard Ms Northcott on behalf of the Applicant, Mr O’Connor as agent on behalf of the Respondents for whom warrants have been filed and 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 Laundry Workers' Award, 1981 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 and from 24 March 2006.

Commissioner J H Smith

SCHEDULE

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

1. Title

1B Minimum Adult Award Wage

2. Arrangement

3. Scope

4. Term

5. Area

6. Definitions

7. Wages

8. Hours of Work

9. Overtime

10. Contract of Service

11. Public Holidays

12. Annual Leave

13. Sick Leave

14. Payment of Wages

15. Employment Records

16. Proportion of Juniors

17. Breakdowns

18. No Reduction

19. Meal Times

20. Meal Money

21. Supported Wage System for Employees with Disabilities

22. Allowances

23. General Conditions

24. Types of Employment

25. Long Service Leave

26. Parental Leave

27. Shift Work

28. First Aid

29. Bereavement Leave

30. Posting of Awards and Union Notices

31. Right of Entry

32. Dispute Settlement Procedure

33. Superannuation

34. National Training Wage

35. Other Laws Affecting Employment

36. Where to go for Further Information

Schedule A - Parties to the Award

Schedule B - Respondents

2. Clause 2B. – Award Modernisation and Enterprise Consultation:  Delete this clause in its entirety.

3. Clause 3. – Scope:  Delete this clause and insert the following in lieu thereof:

3. – SCOPE

This award shall apply to all employees employed in a calling or callings set out in Clause 7. - Wages in the Laundry Industry.

4. Clause 6. – Definitions:  Delete subclause (5) of this clause and insert the following in lieu thereof:

(5) Laundry Industry:  means any business or operation which performs laundry work and including a "laundrette" and the industries carried out by the Respondents set out in the schedule to this award.  Laundry work shall include but not be limited to the laundering of overalls, coats, towels, nappies, Manchester and sheets which are laundered by the proprietor and hired out for fee or reward.

5. Clause 7. – Wages:  Delete this clause and insert the following in lieu thereof:

7. - WAGES

(1) The minimum weekly rate of wage payable to an employee covered by this award shall include the base rate plus the Arbitrated Safety Net Adjustment expressed hereunder:

(a) Adult Employees

(b) 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.

(2) Junior Employees:

Junior employees shall receive the prescribed percentage of the adult rate for the class of work on which they are engaged.

6. Clause 8. – Hours of Work:  Delete subclauses (5) and (6) of this clause and insert the following in lieu thereof:

(5) Nothing in this clause shall be construed to prevent the employer and the majority of employees affected in a workplace or part thereof reaching an agreement to operate any method of working a 38 hour week provided that agreement is reached in accordance with the following procedure:

(a) the Union will be notified in writing of the proposed variations prior to any change taking place;

(b) the proposed variations for each workplace or part thereof shall be explained to the employees concerned and written notification of proposals will be placed on the notice board at the worksite;

(c) the parties will then consult with each other on the changes with a view to reaching agreement;

(d) where the majority of Union members do not support the agreement then the issues will be referred to the Western Australian Industrial Relations Commission for conciliation and, if necessary, arbitration.

While the dispute is being determined by the Commission, the status quo shall remain.

7. Clause 8. – Hours of Work:  Renumber subclause (7) of this clause as subclause (6) and delete the following words from that subclause:

"subclause (3) of"

8. Clause 9. – Overtime:  Delete subclause (6) of this clause and insert the following in lieu thereof:

(6) Notwithstanding anything contained in the award:

(a) An employer may require an employee to work reasonable overtime at overtime rates.

(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 his or her intention to refuse it; and

(v) any other relevant matter.

(c) Subject to this clause, no organization, party to this award or employee covered by this award, shall in any way, whether directly or indirectly, be party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.

9. Clause 10. – Contract of Service:  Delete this clause and insert the following in lieu thereof:

10. – CONTRACT OF SERVICE

(1) The employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training.

(2) Notice of Termination by Employer

(a) The employment of any employee (other than a casual employee, who shall be engaged by the hour) may be terminated by the following notice period, provided that an employee has not been dismissed on the grounds of serious misconduct in which case shall only be paid up to the time of dismissal.

(b) An employee who at the time of being given notice is over 45 years of age and has completed two years' continuous service, shall be entitled to one week's additional notice.

(c) Payment in lieu of the notice prescribed in paragraphs (a) and (b) of this subclause shall be made if the appropriate notice period is not given or required to be worked.  The employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(d) In calculating any payment in lieu of notice the employer shall pay the employee the ordinary wages for the period of notice had the employment not been terminated or payment in lieu of notice shall be calculated using the employee's weekly ordinary time earnings.

(3) Notice of Termination by Employee

One weeks notice shall be necessary for an employee to terminate his or her engagement or the forfeiture or payment of one week's pay by the employee to the employer in lieu of notice.

(4) Termination, Redundancy or Introduction of Change

In circumstances of termination, redundancy or introduction of change, employees are entitled to a statement of employment, job search leave, consultation, redundancy pay and other matters as provided in the General Order 2005 WAIRC 01715 (85 WAIG 1667), as amended, varied or replaced from time to time.

10. Clause 11. – Holidays:  Delete subclause (4) of this clause and amend the title of this clause as follows:

11. – PUBLIC HOLIDAYS

11. Clause 12. – Annual Leave:  Delete this clause and insert the following in lieu thereof:

12. – ANNUAL LEAVE

(1) (a) An employee is entitled to a period of four (4) consecutive weeks annual leave with payment at the employee's ordinary rate of wage for each twelve (12) months continuous service with the employer.  Entitlements to annual leave accrue pro rata on a weekly basis.

(b) Before going on leave the employee shall be paid the ordinary wages as prescribed by Clause 7.- Wages of this award they would have received in respect of the ordinary time they would have worked had they not been on leave during the relevant period. 

(2) (a) In addition to their payment for annual leave an employee shall receive a loading of 17.5% calculated on the employee's ordinary wage for that period of leave.

(b) Provided that where the employee would have received any additional rates for the work performed in ordinary hours as prescribed by this award, had they not been on leave during the relevant period and such additional rates would have entitled them to a greater amount than the loading of 17.5 percent, then such additional rates shall be added to their ordinary rate of wage in lieu of the 17.5 percent loading.

Provided further, that if the additional rates would have entitled them to a lesser amount than the loading of 17.5 percent, then such loading of 17.5 percent shall be added to their ordinary rate of wage in lieu of the additional rates.

(c) The loading prescribed by this clause shall not apply to proportionate leave on termination.

(3) 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, that day shall be added to the employees annual leave entitlement.

(4) (a) 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 for each completed week of service) at their ordinary rate of wage for each completed week of service.

(b) An employee whose employment terminates before the employee has completed a twelve month qualifying period and has not been allowed leave prescribed under this Award in respect of that qualifying period, shall be given payment in lieu of that leave (or, in a case where the employee has taken part of the leave, in lieu of so much of that leave as has not been taken) unless-

(i) the employee has been justifiably dismissed for misconduct; and

(ii) the misconduct for which the employee has been dismissed occurred prior to the completion of that qualifying period.

(5) 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) carer's leave

(f) bereavement leave

(6) Annual leave may be taken in more than one period of leave, by mutual agreement between the employer and employee.

Provided further that the maximum number of single day absences allowable during any twelve month accrual period shall be five.

No employee shall be required to take annual leave unless two weeks' prior notice is given.

(7) Where an employer and employee have not agreed when the employee is to take their annual leave, the employer is not to refuse the employee taking, at any time suitable to the employee, any period of annual leave which accrued more than 12 months before that time; provided the employee provides at least two weeks notice.

(8) (a) Notwithstanding anything else herein contained, an employer who observes a Christmas close-down for the purpose of granting annual leave may require an employee to take the annual leave accrued in the 12 month period up to their anniversary.

(b) An employer who requires employees to take their annual leave over a Christmas close-down must provide at least 14 days notice to the employees required to take such leave.

(c) In the event of an employee being employed by an employer for a portion only of a year they shall only be entitled subject to subclause (5) of this clause, to such leave on full pay as is proportionate to their length of service during that period with such employer.  If such leave is not equal to the leave given to the other employees, the employee shall not be entitled to work or pay whilst the other employees are on leave on full pay.

(9) (a) At the request of an employee, and with the consent of the employer, annual leave prescribed by this clause may be given and taken in advance of being accrued by the employee in accordance with subclause (1).

(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 (4) of this clause, the employee shall be liable to pay the amount representing the difference between the amount received by them for the period of leave taken in accordance with this subclause and the amount which would have accrued in accordance with subclause (4) 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)(a) 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 accruing the leave taken in advance.

(10) The provisions of this clause shall not apply to casual employees.

12. Clause 13. – Absence Through Sickness:  Change the title of this clause as follows and delete paragraph (b) of subclause (1) of this clause and insert the following in lieu thereof:

13. – SICK LEAVE

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

13. Clause 13. – Sick Leave:  Delete subclauses (3), (3) and (4) of this clause and insert the following in lieu thereof:

(3) (a) The employee shall as soon as reasonably practicable advise the employer of his or her inability to attend for work, the nature of the illness or injury and the estimated duration of 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.

(b) An employee claiming entitlement under this clause is to provide the employer evidence that would satisfy a reasonable person of the entitlement.

14. Clause 13. – Sick Leave:  Delete subclause (5) of this clause and insert the following in lieu thereof:

(4) (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 they  are 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 their place of residence or a hospital as a result of their personal ill health or injury for a period of seven consecutive days or more and produces a certificate from a registered medical practitioner that they were 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 they are unable to attend for work on the working day next following their 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 they 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 12. - Annual Leave.

(e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken.  Provided that the annual leave loading prescribed in Clause 12. - Annual Leave shall not be paid if the employee had already received payment with respect to the replaced annual leave.

15. Clause 13. – Sick Leave:  Delete subclauses (6) and (7) of this clause and insert the following in lieu thereof:

(5) 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, as varied from time to time, 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.

(6) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers' Compensation and Injury Management Act 1981 nor to employees whose injury or illness is the result of the employee's own misconduct.

16. Clause 13. – Sick Leave:  Renumber subclauses (8) and (9) of this clause as (7) and (8).  Then immediately following the new subclause (8) of this clause insert the following new subclauses:

(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.

(10) A member of the employee's family mentioned within subclause (1) means any of the following

(a) the employee's partner 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;

(e) any other person who lives with the employee as a member of the employee's family.

(11) By mutual agreement between the employer and employee an employee may be granted further sick leave credits for carer's leave.

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

17. Clause 15. – Time and Wages Record:  Delete this clause and insert the following in lieu thereof:

15. - EMPLOYMENT RECORDS

(1) A record shall be kept in the premises occupied by the employer wherein shall be recorded for each employee:

(a) On a daily basis:

(i) start/finish time and daily hours including overtime;

(ii) paid time; and

(iii) breaks.

(b) For each pay period:

(i) designation;

(ii) gross and net pay; and

(iii) deductions, and the reasons for these deductions.

(c) The following records must also be kept:

(i) employee's name

(ii) date of birth if under 21 years of age;

(iii) start date;

(iv) nature of work performed and classification;

(v) all leave whether paid, partly paid or unpaid;

(vi) relevant information for LSL calculations;

(vii) any industrial instrument that applies including awards, orders or agreements;

(viii) any additional information required by the industrial instrument; and

(ix) any other information necessary to show remuneration and benefits comply with the award.

(2) The employer shall on the written request by a relevant person:

(a) produce to the person the employment records relating to the employee;

(b) let the person inspect the employment records;

(c) let the relevant person enter the premises of the employer for the purpose of inspecting the records;

(d) let the relevant person take copies of or extracts from the records.

(3) A 'relevant person' means:

(a) the employee concerned;

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

(c) a person authorised in writing by the employee;

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

(4) An employer shall comply with a written request not later than:

(a) at the end of the next pay period after the request is received; or

(b) the seventh day after the day on which the request was made to the employer.

18. Clause 16. – Proportion of Juniors:  Delete this clause and insert the following in lieu thereof:

16. – PROPORTION OF JUNIORS

Junior employees shall only be employed in no greater proportion than 2 juniors to 1 adult employee.  Provided that, where special circumstances arise in any given business, arrangement for the employment of juniors in greater proportion may be made between the Union and the employer concerned.  Provided further, that where the employer or manager is performing the duties of an employee, one junior employee may be employed.

19. Clause 17. – Breakdowns:  Delete this clause and insert the following in lieu thereof:

17. – BREAKDOWNS

The employee shall not be entitled to pay in respect of any portion of a day upon which the employee 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.

20. Clause 19. – Meal Times:  Delete subclauses (1) and (2) of this award and insert the following in lieu thereof:

(1) No employee shall work more than five hours without an unpaid meal break except that, by agreement between the employer and employee, the employee may work up to six hours without a meal break.

(2) Meal breaks shall not be less than 30 minutes.

(3) Time and a half rates shall be paid for all work done during meal hours and thereafter until a meal break is taken.

(4) A morning tea break of 10 minutes duration shall be allowed to all employees.  Such break shall be counted as time worked.

(5) Where an employer proposes to work overtime at the conclusion of the normal hours of work all employees who will be involved in working overtime of more than 1.1/2 hours shall be allowed a break of 10 minutes duration.  Such break shall be counted as time worked.

21. Clause 21. – Under-Rate Employees:  Delete this clause and insert the following in lieu thereof:

21. - SUPPORTED WAGE SYSTEM for employees with disabilities

(1) Employees 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 employees 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 employees 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.

22. Clause 22. – Allowances:  Delete this clause and insert the following in lieu thereof;

22. - ALLOWANCES

(1) Where an employee is required to sort foul linen an extra allowance of 39 cents per hour will be paid whilst so employed on this type of work.

(2) Travelling Time and Expenses

(a) Where an employee is sent to work from an employer's recognised place of business the employer shall pay all travelling time from such place of business to the job and if the employee is required to return the same day to the employer's place of business, the employer shall pay travelling to the place of business.  An employee sent for duty to a place other than his/her regular place of duty shall be paid travelling expenses.

(b) (i) Where an employee is required and authorised to use his/her own motor vehicle in the course of his/her duties he/she shall be paid an allowance not less than that provided for in the schedules set out hereunder.  Notwithstanding anything contained in this subclause, the employer and the employee may make any other arrangements as to car allowance no less favourable to the employee.

(ii) Where an employee in the course of a journey travels through two or more of the separate areas, payment at the rates prescribed herein shall be made at the appropriate rate applicable to each of the separate areas traversed.

(iii) A year for the purpose of this clause shall commence on the 1st day of July and end on the 30th day of June next following.

(c) Rates of hire for use of employee's own vehicle on employer's business:

Schedule 1 - Motor Vehicle Allowance

Schedule 2 - Motor Cycle Allowance

Motor vehicles with rotary engines are to be included in the 1600-2600cc.

23. Clause 23. – General Conditions:  Delete subclause (4) of this clause and insert the following in lieu thereof:

(4) No employee shall be required to lift or handle weights in excess of 4.5 kilograms from a seated position, or weights in excess of 16 kilograms from any other position, without a risk assessment being conducted for that employee.  Nothing in this subclause shall act to reduce the obligations imposed by the Occupational Safety and Health Act 1984.

24. Clause 24. – Part-Time Employees:  Delete this clause and insert the following in lieu thereof:

24. – TYPES OF EMPLOYMENT

(1) Prior to engagement, an employer will inform each employee of the terms of their engagement, and in particular stipulate whether they are full-time, part-time or casual.  This advice must be confirmed in writing within two weeks of commencement of employment.

(2) Full-time employees will be engaged for an average of thirty-eight hours per week in accordance with clause 8. – Hours of Work.

(3) Part-Time Employment

(a) An employer may employ part-time employees in any classification in this award.

(b) A part-time employee is an employee who:

(i) works less than full-time hours of 38 per week; and

(ii) has reasonably predictable hours of work; and

(iii) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

(c) At the time of engagement the employer and the part-time employee will agree in writing, on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

(d) Any agreed variation to the regular pattern of work will be recorded in writing.

(e) An employer is required to roster a part-time employee for a minimum of three (3) consecutive hours on any shift.

(f) An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with subclause (4) of this clause.

(g) All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rates prescribed in clause 9 - Overtime, of this award.

(h) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

(4) Casual Employees

(a) A casual employee is to be one engaged and paid as such.  A casual employee for working ordinary time shall be paid an hourly rate calculated on the basis of one thirty-eighth of the weekly award wage prescribed in clause 7. - Wages for the work being performed plus a casual loading of 20 per cent in lieu of annual leave, sick leave and public holidays.

(b) A casual employee shall be employed for a minimum of three (3) consecutive hours on each occasion.

(c) A casual employee is employed for a period of not more than 20 days exclusive of public holidays.  An employee who is continuously employed for more than this time shall be regarded as permanent.

25. Clause 25. – Long Service Leave:  Delete this clause and insert the following in lieu thereof:

25. – LONG SERVICE LEAVE

The general order long service leave provisions applicable to the private sector published in Western Australian Industrial Gazette as varied from time to time, are hereby incorporated in and shall be deemed to be part of this award.

26. Clause 26. – Maternity Leave:  Delete this clause and insert the following new title and clause in lieu thereof:

26. – 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 -

(i) is not the child or the step‑child of the employee or the employee's partner;

(ii) is less than 5 years of age; and

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

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

(i) any period of parental leave; and

(ii) 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 (6)(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).

(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), to the position the employee held immediately before such transfer.

(c) If the position referred to in paragraph (a) 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), 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 clause, an employer and an employee may agree to an alternative return to work 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 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.

(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 the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the employee to the employer that 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.

27. Clause 29. – Bereavement Leave:  Delete this clause and insert the following in lieu thereof:

29. – BEREAVEMENT LEAVE

(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 or step-parent 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 (including a casual 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, evidence that would satisfy a reasonable person as to -

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

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

28. Clause 31. – Right of Entry:  Delete this clause and insert the following in lieu thereof:

31. – RIGHT OF ENTRY

An authorized 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. 

29. Clause 32. – Casual Employees:  Delete this clause and insert the following in lieu thereof:

32. – DISPUTE RESOLUTION PROCEDURE

1. Subject to the provisions of the Industrial Relations Act 1979 (WA) (as amended) in the event of any dispute or matter arising under this award, the following procedure shall apply.

(a) Step 1

As soon as practicable after the dispute has arisen, it shall be considered jointly by the appropriate supervisor and the employee or employees concerned and, where requested, by representatives of the employer or employee(s).

(b) Step 2

If the dispute is not resolved it shall be considered jointly by the employer, the employee or employees concerned and, where requested, by representatives of the employer or employee(s).

(c) Step 3

The employer and the employee(s) concerned (and their representatives where requested) will attempt to resolve the dispute prior to it being referred to the Commission however, if the dispute is not resolved, it may then be referred to the Western Australian Industrial Relations Commission for assistance in its resolution.

2. At all times whilst a dispute or matter is being resolved in accordance with this clause, normal work will continue.

30. Clause 33. – Superannuation:  Delete this clause and insert the following in lieu thereof:

33. - SUPERANNUATION

Superannuation Legislation

(1) The Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993 legislation as varied from time to time governs the superannuation rights and obligations of the parties.

Notwithstanding (1) above the following provisions apply.

(2) Contributions.

(a) The employer shall contribute a minimum of 9% of ordinary time earnings per employee in accordance with subclause (3) of this clause.

(b) Employees' Additional Voluntary Contributions:

Where the rules of the fund allow an employee to make additional contributions to the fund the employer shall, where an election is made, upon the direction of the employee deduct contributions for the employee's wages and pay them to the fund in accordance with the direction of the employee and the rules of the fund.

(3) Compliance, Nomination and Transition

(a) For the purposes of this clause -

(i) the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and

(ii) under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme;

(b) The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made.  If the employee does not nominate a fund or scheme, or until such time as an employee nominates a fund or scheme, superannuation contribution shall be paid into the default fund.

(c) The default fund shall be Westscheme Super Fund. 

(d) The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme within fourteen (14) days;

(e) Each employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application was forwarded to the Fund.

(f) A nomination or notification of the type referred to in paragraphs (b) and (c) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed;

(g) 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;

(h) The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by an employee;

(i) In the event that an employee has not, after 28 days of commencing employment, nominated a complying fund into which contributions may be made, the employer will forward contributions and employee details to the default scheme, Westscheme Super Fund.

(j) Except where the Trust Deed provides otherwise employer contributions shall be paid on a monthly basis for each week of service that the eligible employee completes with the employer.

(k) All contributions into the nominated Fund or scheme shall be paid on a quarterly basis/monthly and within thirty (30) days of the end of each month.

(l) For the purpose of this clause the employee's ordinary time earnings are as defined in the Superannuation Guarantee (Administration) Act 1992 shall include base classification rate, shift penalties together with any other all purpose allowance or penalty payment for work in ordinary time and shall include in respect of casual employee's the casual loading prescribed by this Award, but shall exclude any payment for overtime worked, vehicle allowances, fares or travelling time allowances (excluding travelling related to distant work) commission or bonus as well as –

(i) periods of unpaid leave or unauthorized absences; or

(ii) annual leave or any other payments paid out on termination.

(m) The employer shall continue to contribute to the nominated fund or scheme on behalf of an employee in receipt of payments under the Workers Compensation and Injury Management Act 1981 for not more than 52 weeks.

31. Clause 34. – Relationship to the National Training Wage Interim Award 1994:  Delete this clause and insert the following in lieu thereof:

34. – NATIONAL TRAINING WAGE

A party to this award shall comply with the terms of the National Training Wage Award 2000 [PR904174 (No. 277)] and as varied from time to time as though it was a party bound by Clause 3 - Parties Bound of that award.

32. Insert the following new clauses after Clause 34. – National Training Wage and before Appendix A – Parties to the Award:

35. – OTHER LAWS AFFECTING EMPLOYMENT

(1) INDUSTRIAL RELATIONS ACT 1979

www.wairc.wa.gov.au

(2) MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993

www.slp.wa.gov.au

www.austlii.edu.au/au/legis/cth/consol_act/sga1992430/

2005 WAIRC 01715

Western Australian Industrial Gazette vol. 85, p. 1667.

(8) LONG SERVICE LEAVE STANDARD PROVISIONS

www.wairc.wa.gov.au  (under General Orders)

36. – WHERE TO GO FOR FURTHER INFORMATION

(1) Liquor, Hospitality and Miscellaneous Union

Western Australian Branch

Telephone:  08 9388 5400

Facsimile:  08 9382 3986

Email:  lhmuwa@lhmu.org.au

(2) Chamber of Commerce and Industry of Western Australia

180 Hay Street

EAST PERTH   WA   6004

Telephone:  08 9365 7555.

Facsimile:  08 9365 7550

(3) Western Australian Industrial Relations Commission

Level 16, 111 St Georges Terrace

PERTH   WA   6000

Telephone:  08 9420 4444

Facsimile:  08 9420 4500

Email:  webmaster@wairc.wa.gov.au

Web:  www.wairc.wa.gov.au

Toll Free:  1800 624 263

(4) Department of Consumer & Employment Protection, Labour Relations

3rd Floor, Dumas House

2 Havelock Street

WEST PERTH   WA   6005

Telephone:  08 9222 7700

Facsimile:  08 9222 7777

Email:  labourrelations@docep.wa.gov.au

Wageline:  1300 655 266

33. Appendix – Resolution of Disputes Requirements:  Delete this Appendix in its entirety.

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

SCHEDULE B – RESPONDENTS

ALSCO Linen Service Pty Ltd

33 -37 Canvale Rd 6155

CANNING VALE    WA     6155

The Fremantle Steam Laundry Co Pty Ltd

7 Emplacement Crs

Hamilton Hill   WA     6163