2007 WAIRC 00227
QUADRIPLEGIC CENTRE AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
THE BOARD OF MANAGEMENT QUADRIPLEGIC CENTRE
RESPONDENT
CORAM COMMISSIONER S WOOD
DATE MONDAY, 12 MARCH 2007
FILE NO APPL 7 OF 2007
CITATION NO. 2007 WAIRC 00227

Result Award varied
Representation


APPLICANT MS E PALMER ON BEHALF OF THE APPLICANT

RESPONDENT MS S MEACHAM AS AGENT


Order
HAVING heard Ms E Palmer on behalf of the applicant and Ms S Meacham on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders:

THAT the Quadriplegic Centre 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 14. – Overtime – Part A: Delete subclause (5) 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 $8.10 each meal.


2. Clause 14. – Overtime – Part B: Delete subclause (4) and insert the following in lieu thereof:

(4) Where an employee is required to work overtime and such overtime is worked for a period of at least two hours in excess of the required daily hours of work, the employee shall be provided with a meal free of cost, or shall be paid the sum of $8.10 as meal money.

This subclause shall not apply where the employee has been advised of the necessity to work overtime on the previous day.


3. Clause 15. – 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 am or after 12 noon, he/she shall be paid a loading of $2.04 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 $3.06 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) of this clause and insert the following in lieu thereof:

(3) Subject to the provisions of subclause (5) of this clause work performed during ordinary hours on the weekend shall in addition to the ordinary rate of wage attract a loading as follows:

(a) Saturday - $8.12 per hour or pro rata for part thereof;

(b) Sunday - $16.24 per hour or pro rata for part thereof.

(c) The rates prescribed in this subclause shall be in substitution for and not cumulative on the rates prescribed in subclauses (1) and (2) of this clause.

4. Clause 17. – Public Holidays: Delete subclause (4)(a) and (b) and insert the following in lieu thereof:

(4) (a) An Enrolled Nurse or Nursing Assistant who works on any public holiday named herein shall be paid a loading of $8.12 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.

(b) Any other employee who is required to work on a day observed as a public holiday shall be paid a loading of $24.36 per hour or pro rata for part thereof in addition to his/her ordinary rate of wage or if the employee agrees be paid a loading of $8.12 per hour or pro rata for part thereof in addition to his/her ordinary rate of wage and be entitled to observe the holiday on a day mutually acceptable to the employer and employee.


5. Clause 27. – Wages – Part A: Delete subclause (4)(c) and insert the following in lieu thereof:

4. (c) The ordinary rate of wage prescribed for an Enrolled Nurse in this clause shall be increased by $11.60 per week when a Registered Enrolled Nurse has obtained a second post basic certificate approved by the Nurses’ Board of WA, and he/she is required to use the knowledge gained in that certificate as part of his/her employment.


6. Clause 27. – Wages – Part C: Delete subclause (1)(b)(i),(ii) and (iii) and insert the following in lieu thereof:

(1) (b) Except where this clause specifies classifications which require the employee to be in charge of other employees, any employee who is placed in charge of:

(i) not less than three and not more than 10 other employees shall be paid $19.65 per week in addition to the ordinary wage prescribed by this clause;

(ii) more than 10 and not more than 20 other employees shall be paid $29.35 per week in addition to the ordinary wage prescribed by this clause;

(iii) more than 20 other employees shall be paid $39.05 per week in addition to the ordinary wage prescribed by this clause.


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 for Enrolled Nurses is Enrolled Nurse – 1st year of employment.

2. For Work Related Allowances – the percentage increase in:

· Clause 15. – Shift Work
· Clause 17 – Public Holidays
· Clause 27 – Wages Part A

is derived from $17 divided by $562.80 equals 3.02% (2005) $20 divided by $579.80 equals 3.45% (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. The agreed Key Minimum Classification in this award for all employees other than Enrolled Nurses and Nursing Assistants is Tradesperson Cook.

4. For Work Related Allowances for Others – the percentage increase in:

· Clause 27. Wages, Part C

is derived from $17 divided by $589.10 equals 2.89% (2005) and $20 divided by $606.10 equals 3.3% (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.”

5. For Expense Related Allowances:

· Clause 14. – Overtime 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%.

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

CPI Meals Out and Take Away Food – Perth

Catalogue: 6455.0.40.001


For all allowances (except Fares and Travelling) previous rates are identified in Column A of the attached 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 FOR ENROLLED NURSES IS ENROLLED NURSE – 1ST YEAR OF EMPLOYMENT

Clause
A
B
C

Clause 15. – Shift Work (1)
(2)
(3)(a)
(3)(b)

$1.91
$2.87
$7.62
$15.24

$2.04
$3.06
$8.12
$16.24


Clause 17. – Public Holidays (4)(a)
(4)(b)

$7.62
$22.86
$7.62

$8.12
$24.36
$8.12



Clause 27 – Wages Part A (4)(c)

$10.85

$11.60



KEY MINIMUM CLASSIFICATION FOR OTHERS IS TRADESPERSON COOK

Clause
A
B
C
Clause 27. – Wages Part C
(1)(b)(i)
(ii)
(iii)

$18.45
$27.60
$36.75


$19.63
$29.34
$39.05

$19.65
$29.35



EXPENSE RELATED ALLOWANCES

CPI Meals Out and Take Away Food – Perth

Clause
A
B
C

Clause 14 – Overtime Part A
Part B

$7.65
$7.65

$8.12
$8.12

$8.10
$8.10