Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Broome Regional Aboriginal Medical Service

Document Type: Order

Matter Number: APPL 76/2006

Matter Description: Aboriginal Medical Service Employees' Award

Industry: Medical

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner P E Scott

Delivery Date: 6 Feb 2007

Result: Award Varied

Citation: 2007 WAIRC 00077

WAIG Reference: 87 WAIG 179

DOC | 107kB
2007 WAIRC 00077
ABORIGINAL MEDICAL SERVICE EMPLOYEES' AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
BROOME REGIONAL ABORIGINAL MEDICAL SERVICE AND OTHERS
RESPONDENTS
CORAM COMMISSIONER P E SCOTT
DATE TUESDAY, 6 FEBRUARY 2007
FILE NO APPL 76 OF 2006
CITATION NO. 2007 WAIRC 00077

Result Award Varied


Order

HAVING heard Ms E Palmer on behalf of the Liquor, Hospitality and Miscellaneous Union, Western Australian Branch and there being no appearance on behalf of the respondents, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:

THAT the Aboriginal Medical Service Employees’ Award (No. A 26 of 1987) be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the 5th day of February 2007.







COMMISSIONER P E SCOTT



SCHEDULE


1. Clause 6. – Hours of Duty, Overtime and On Call: Delete subclause (4)(b) of this clause and insert the following in lieu thereof:

(b) An employee shall be paid $3.40 for each hour or part thereof they are on call. Provided that payment in accordance with this paragraph shall not be made with respect to any period for which payment is made in accordance with the overtime provisions of this award when the employee is recalled to work.


2. Clause 18. – Laundry and Uniforms: Delete this clause and insert the following in lieu thereof:

(1) The employer shall provide all uniforms which shall at all times remain the property of the employer. Provided that in lieu of providing uniforms the employer may pay an allowance of $4.35 per week, and the employee shall wear uniforms which conform to the uniform stipulated by the employer with respect to material, colour, pattern and conditions. Where the employer does not require the employee to wear a uniform no allowance shall be payable.

(2) Each employee shall be entitled to all reasonable laundry work at the expense of the employer, but where the employer elects not to launder the uniforms the employee shall be paid an allowance of $2.30 per week.


3. Clause 23. – District Allowance: Delete subclause (6) of this clause and insert the following in lieu thereof:

(6) The weekly rate of District Allowance payable to employees pursuant to subclause (3) of this clause shall be as follows:

COLUMN I
COLUMN II
COLUMN III
COLUMN IV




DISTRICT
STANDARD RATE
EXCEPTIONS TO
RATE


STANDARD RATE






$ per week
Town or Place
$ per week




6
71.55
Nil
Nil




5
58.49
Fitzroy Crossing
78.70


Halls Creek



Turner River Camp



Nullagine







Liveringa (Camballin)
73.28


Marble Bar



Wittenoom







Karratha
69.01






Port Hedland
64.04




4
29.44
Warburton Mission
79.39






Carnarvon
27.72




3
18.60
Meekatharra
29.44


Mount Magnet



Wiluna



Laverton



Leonora



Cue





2
13.19
Kalgoorlie
4.39


Boulder







Ravensthorpe
17.59


Norseman



Salmon Gums



Marvel Loch



Esperance





1
Nil
Nil
Nil

(Note: In accordance with subclause (4) of this clause employees with dependants shall be entitled to double the rate of district allowance shown).

The allowances prescribed in this subclause shall operate from the beginning of the first pay period commencing on or after 5th February 2007.


4. Clause 24. – Outpost – Availability Allowance: Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Where an employee is transferred to work at any of the locations as prescribed in the groups listed in subclause (8) then the following provisions shall apply:

Group
Provisions applying


4
An allowance of $96.05 per week plus four weeks' special leave per annum
3
An allowance of $71.95 per week plus two weeks' special leave per annum
2
An allowance of $48.00 per week plus two weeks' special leave per annum
1
An allowance of $48.00 per week.


4. Clause 24A. – Bilingual Allowance: Delete subclause (2) of this clause and insert the following in lieu thereof:

(2) In recognition of the increased effectiveness and productivity of bilingual employees, if an employee is required during the course of employment or as part of his/her duties to apply skills within subclause (1) of this clause, the employee who shall be competently bilingual shall be paid an allowance of:

Level 1 - $1377.45 per annum.

Level 1 is an elementary level. This level of accreditation is appropriate for employees who are capable of using a minimal knowledge of language for the purpose of simple communication.

Level 2 - $2756.34 per annum.

Level 2 represents a level of ability for the ordinary purposes of general business, conversation, reading and writing.


5. Clause 26. – Wages:

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

(6) (a) The ordinary rate of wage prescribed in subclause (1) hereof shall be increased by $13.10 per week when a registered enrolled nurse has obtained a post basic certificate approved by the Nurses Board of Western Australia and he/she is required to use the knowledge gained in that certificate as part of his/her employment.

(b) The ordinary rate of wage prescribed in subclause (1) hereof shall be increased by $10.50 per week when a registered enrolled nurse becomes proficient to do work deemed extraordinary by the employer or the Western Australian Industrial Relations Commission.

(c) The on call allowance shall be paid to health workers for each on call period they are rostered to.


B. Delete subclause (18) of this clause and insert the following in lieu thereof:

(18) Leading hands shall be paid the ordinary wage prescribed for the classification in which they are employed increased by:



Per Week
$



(a)
When in charge of not less than 3 and not more than 10 other employees
18.87



(b)
When in charge of more than 10 and not more than 20 other employees
28.22



(c)
When in charge of more than 20 other employees
37.56

Liquor, Hospitality and Miscellaneous Union, Western Australian Branch -v- Broome Regional Aboriginal Medical Service

ABORIGINAL MEDICAL SERVICE EMPLOYEES' AWARD

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch

APPLICANT

-v-

Broome Regional Aboriginal Medical SeRVICE AND OTHERS

RESPONDENTS

CORAM Commissioner P E Scott

DATE TUESDay, 6 FEBRUARY 2007

FILE NO APPL 76 OF 2006

CITATION NO. 2007 WAIRC 00077

 

Result Award Varied

 

 

Order

 

HAVING heard Ms E Palmer on behalf of the Liquor, Hospitality and Miscellaneous Union, Western Australian Branch and there being no appearance on behalf of the respondents, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:

 

THAT the Aboriginal Medical Service Employees’ Award (No. A 26 of 1987) be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the 5th day of February 2007.

 

 

 

 

 

 

 

Commissioner P E Scott

 

 


SCHEDULE

 

 

1. Clause 6. – Hours of Duty, Overtime and On Call:  Delete subclause (4)(b) of this clause and insert the following in lieu thereof:

 

(b) An employee shall be paid $3.40 for each hour or part thereof they are on call.  Provided that payment in accordance with this paragraph shall not be made with respect to any period for which payment is made in accordance with the overtime provisions of this award when the employee is recalled to work.

 

 

2. Clause 18. – Laundry and Uniforms:  Delete this clause and insert the following in lieu thereof:

 

(1) The employer shall provide all uniforms which shall at all times remain the property of the employer.  Provided that in lieu of providing uniforms the employer may pay an allowance of $4.35 per week, and the employee shall wear uniforms which conform to the uniform stipulated by the employer with respect to material, colour, pattern and conditions.  Where the employer does not require the employee to wear a uniform no allowance shall be payable.

 

(2) Each employee shall be entitled to all reasonable laundry work at the expense of the employer, but where the employer elects not to launder the uniforms the employee shall be paid an allowance of $2.30 per week.

 

 

3. Clause 23. – District Allowance:  Delete subclause (6) of this clause and insert the following in lieu thereof:

 

(6) The weekly rate of District Allowance payable to employees pursuant to subclause (3) of this clause shall be as follows:

 

COLUMN I

COLUMN II

COLUMN III

COLUMN IV

 

 

 

 

DISTRICT

STANDARD RATE

EXCEPTIONS TO

RATE

 

 

STANDARD RATE

 

 

 

 

 

 

$ per week

Town or Place

$ per week

 

 

 

 

6

71.55

Nil

Nil

 

 

 

 

5

58.49

Fitzroy Crossing

78.70

 

 

Halls Creek

 

 

 

Turner River Camp

 

 

 

Nullagine

 

 

 

 

 

 

 

Liveringa (Camballin)

73.28

 

 

Marble Bar

 

 

 

Wittenoom

 

 

 

 

 

 

 

Karratha

69.01

 

 

 

 

 

 

Port Hedland

64.04

 

 

 

 

4

29.44

Warburton Mission

79.39

 

 

 

 

 

 

Carnarvon

27.72

 

 

 

 

3

18.60

Meekatharra

29.44

 

 

Mount Magnet 

 

 

 

Wiluna

 

 

 

Laverton

 

 

 

Leonora

 

 

 

Cue

 

 

 

 

 

2

13.19

Kalgoorlie 

4.39

 

 

Boulder 

 

 

 

 

 

 

 

Ravensthorpe

17.59

 

 

Norseman

 

 

 

Salmon Gums

 

 

 

Marvel Loch

 

 

 

Esperance

 

 

 

 

 

1

Nil

Nil

Nil

 

(Note: In accordance with subclause (4) of this clause employees with dependants shall be entitled to double the rate of district allowance shown).

 

The allowances prescribed in this subclause shall operate from the beginning of the first pay period commencing on or after 5th February 2007.

 

 

4. Clause 24. – Outpost – Availability Allowance:  Delete subclause (1) of this clause and insert the following in lieu thereof:

 

(1) Where an employee is transferred to work at any of the locations as prescribed in the groups listed in subclause (8) then the following provisions shall apply:

 

Group

Provisions applying

 

 

4

An allowance of $96.05 per week plus four weeks' special leave per annum

3

An allowance of $71.95 per week plus two weeks' special leave per annum

2

An allowance of $48.00 per week plus two weeks' special leave per annum

1

An allowance of $48.00 per week.

 

 

4. Clause 24A. – Bilingual Allowance:  Delete subclause (2) of this clause and insert the following in lieu thereof:

 

(2) In recognition of the increased effectiveness and productivity of bilingual employees, if an employee is required during the course of employment or as part of his/her duties to apply skills within subclause (1) of this clause, the employee who shall be competently bilingual shall be paid an allowance of:

 

Level 1 - $1377.45 per annum.

 

Level 1 is an elementary level.  This level of accreditation is appropriate for employees who are capable of using a minimal knowledge of language for the purpose of simple communication.

 

Level 2 - $2756.34 per annum.

 

Level 2 represents a level of ability for the ordinary purposes of general business, conversation, reading and writing.

 

 

5. Clause 26. – Wages: 

 

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

 

(6) (a) The ordinary rate of wage prescribed in subclause (1) hereof shall be increased by $13.10 per week when a registered enrolled nurse has obtained a post basic certificate approved by the Nurses Board of Western Australia and he/she is required to use the knowledge gained in that certificate as part of his/her employment.

 

(b) The ordinary rate of wage prescribed in subclause (1) hereof shall be increased by $10.50 per week when a registered enrolled nurse becomes proficient to do work deemed extraordinary by the employer or the Western Australian Industrial Relations Commission.

 

(c) The on call allowance shall be paid to health workers for each on call period they are rostered to.

 

 

B. Delete subclause (18) of this clause and insert the following in lieu thereof:

 

(18) Leading hands shall be paid the ordinary wage prescribed for the classification in which they are employed increased by:

 

 

 

Per Week

$

 

 

 

(a)

When in charge of not less than 3 and not more than 10 other employees

18.87

 

 

 

(b)

When in charge of more than 10 and not more than 20 other employees

28.22

 

 

 

(c)

When in charge of more than 20 other employees

37.56