2007 WAIRC 00225
ENROLLED NURSES AND NURSING ASSISTANTS (GOVERNMENT) AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
THE BOARD OF MANAGEMENT ALBANY REGIONAL HOSPITAL, THE MINISTER FOR HEALTH, HEALTH DEPARTMENT OF WA , AVON HEALTH SERVICE
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE MONDAY, 12 MARCH 2007
FILE NO APPL 4 OF 2007
CITATION NO. 2007 WAIRC 00225

Result Award varied
Representation


APPLICANT MS E PALMER ON BEHALF OF THE APPLICANT

RESPONDENT MS M MUCCILLI ON BEHALF OF THE DEPARTMENT OF HEALTH


Order
HAVING heard Ms E Palmer on behalf of the applicant and Ms M Muccilli on behalf of the Department of Health, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders:

THAT the Enrolled Nurses and Nursing Assistants (Government) Award as varied, be further 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 date of this order.

COMMISSIONER S WOOD


SCHEDULE

1. Clause 8. – Overtime: Delete subclause (5) of this clause and insert the following in lieu thereof:

(5) Where an employee has not been notified the previous day or earlier that he/she is required to work overtime the employer shall ensure that employees working such overtime for an hour or more shall be provided with any of the usual meals occurring during such overtime or be paid $10.10 each meal.


2. Clause 11. – Public Holidays: Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) An employee who works on any public holiday named herein shall be paid a loading of $8.70 per hour or pro rata for part thereof in addition to his/her ordinary rate of wage for the time worked in ordinary hours on that day.


3. Clause 17. - Transfer: Delete subclause (2)(a) of this clause and insert the following in lieu thereof:

(2) (a) In addition, he/she shall be allowed travelling allowance of $8.45 for any meal purchased, or the actual cost of any meal purchased, if such cost exceeds $8.45. Meal times shall be 8.00 a.m., 1.00 p.m. and 6.00 p.m. $3.20 for each morning and afternoon tea shall be allowed when travelling at 11.00 a.m. and 4.00 p.m. Reasonable porterage shall also be allowed. Claims for taxi fares must be supported by receipts.


4. Clause 19. – Laundry and Uniforms:

(A) Delete subclause (7) of this clause and insert the following in lieu thereof:

(7) All washable clothing forming part of the uniform supplied by the employer shall be laundered free of cost to the employees. Provided that in lieu of such free laundering the employer may pay the employee $1.53 per week.


(B) Delete subclause (10)(c) of this clause and insert the following in lieu thereof:

(c) Provided further that in lieu of providing uniforms the employer may pay an allowance of $6.50 per week, and the nurse shall wear uniforms which conform to the uniform stipulated by the employer with respect to material, colour, pattern and conditions.


(C) Delete subclause (10)(e) of this clause and insert the following in lieu thereof:

(e) Each nurse 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 nurse shall be paid an allowance of $2.15 per week.


5. Clause 24. – Shift Work:

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

(1) (a) Subject to subclause (2) of this clause where on any day an employee commences his/her ordinary hours of work before 4.00 a.m. or after 12 noon, he/she shall be paid a loading of $2.15 per hour or pro rata for part thereof in addition to his/her ordinary rate of wage.


(B) Delete subclause (2)(a) of this clause and insert the following in lieu thereof:

(2) (a) A loading of $3.30 per hour or pro rata for part thereof shall be paid to an employee in addition to his/her ordinary rate of wage for time worked on permanent afternoon or night shift.


(C) Delete subclause (3)(a) and (b) of this clause and insert the following in lieu thereof:

(a) Saturday - $8.70 per hour or pro rata for part thereof;

(b) Sunday - $17.50 per hour or pro rata for part thereof.


6. Clause 26. – Wages:

(A) Delete subclause (7)(c) of this clause and insert the following in lieu thereof:

(c) The ordinary rate of wage prescribed for an Enrolled Nurse in this clause shall be increased by $12.50 per week when a Registered Enrolled Nurse has obtained a second post basic certificate approved by the Nurses' Board of W.A., and he/she is required to use the knowledge gained in that certificate as part of his/her employment.


(B) Delete subclause (11) of this clause and insert the following in lieu thereof:

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

(a) $20.05 per week when in charge of not less than three and not more than ten other employees;

(b) $30.20 per week when in charge of more than 10 and not more than 20 other employees; and

(c) $40.25 per week when in charge of more than 20 employees.

The provisions of this subclause shall not apply to enrolled community nurses or enrolled community school nurses.


And further, with the consent of the parties, the Commission records the following basis for variations:

1. The agreed Key Minimum Classification in this Award is Enrolled Nurse Level 1 – Third Year.

2. The Work Related Allowances - the percentage increase in:

· Clause 17. - Transfer
· Clause 11. – Public Holidays
· Clause 24. – Shift Work
· Clause 26. - Wages

is derived from $17 divided by $578.70 equals 2.94% (2005) and $20 divided by $595.70 equals 3.36% (2006) as prescribed by Principle 5. Adjustment of Allowances and Service Increments of the State Wage Case.

“allowances which relate to work or conditions which have not changed and service increments may be adjusted as a result of the arbitrated safety net increase … the method of adjustment shall be that such allowances and service increments should be increased by a percentage derived as follows: divide the monetary safety net increase by the rate for the key classification in the relevant award immediately prior to the application of the safety net increase to the award rate and multiply by 100.”

3. For Expense Related Allowances (other than Travel):

· Clause 7. – has been varied for the CPI Meals Out and Take Away Food - Perth for the period December 2004 to June 2006 giving the percentage of 6.19%.

Calculations are therefore:

June 2006 171.5 X 100 = 6.19%
December 2004 161.5 1


CPI Meals out and Take Away Foods – Perth

· Clause 19. – Uniforms and Laundering has been varied for the CPI Clothing Services and Shoe Repair - Perth for the period December 2004 to June 2006 giving the percentage of 7.29%.

June 2006 185.5 X 100 = 7.29%
December 2004 172.9 1

CPI Clothing Services and Shoe Repair– Perth

Catalogue 6455.0.40.001

For all allowances previous rates are identified in Column A of the spreadsheet. Column B identifies the new actual rate having applied the increase. Column C the new rate identified in Column B rounded where appropriate.


WORK RELATED ALLOWANCES

KEY MINIMUM CLASSIFICATION – TRADEPERSON COOK

Clause
A
B
C

Clause 17. – Transfer (2)(a)
$7.95
$8.46
$8.45

$7.95
$8.46
$8.45

$3.00
$3.20

Clause 11. – Public Holidays (1)
$8.20
$8.72
$8.70
Clause 24. – Shift Work (1)(a)
$2.00
$2.13
$2.15
(2)(a)
$3.10
$3.31
$3.30
(3)(a)
$8.20
$8.72
$8.70
(3)(b)
$16.45
$17.52
$17.50
Clause 26. – Wages (7)(c)
$11.75
$12.51
$12.50
(11)(a)
$18.85
$20.05

(b)
$28.40
$30.21
$30.20
(c)
$37.85
$40.26
$40.25






EXPENSE RELATED ALLOWANCES

CPI Meals Out and Take Away Food – Perth
CPI Clothing Services and Shoe Repair - Perth


Clause
A
B
C

Clause 8. – Overtime
$9.50
$10.09
$10.10
Clause 19. – Laundry and Uniforms (7)
$1.43
$1.53

(10)(c)
$6.05
$6.49
$6.50
(10)(e)
$2.00
$2.15