SECURITY OFFICERS' AWARD

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Liquor, Hospitality and Miscellaneous Union, Western Australian Branch

APPLICANT

-v-

Unions WA and Others

RESPONDENT

CORAM Commissioner J L Harrison

DATE wednesday, 28 March 2007

FILE NO/S APPL 52 OF 2006

CITATION NO. 2007 WAIRC 00294

Result Varied

Order

HAVING heard Ms S Northcott on behalf of the applicant, Mr D Jones intervening on behalf of the Chamber of Commerce and Industry of Western Australia 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 Security Officers’ Award (No A 25 of 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 or after 27 March 2007.

Commissioner J L Harrison

SCHEDULE

1. Clause 1B. – Minimum Adult Award Wage:  Delete this number, title and clause.

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

1. Title

2. Arrangement

3. Area and Scope

4. Term

5. Definitions

6. Types of Employment

7. Hours

8. Public Holidays

9. Annual Leave

10. Sick Leave

11. Long Service Leave

12. Compassionate Leave

13. Shift Allowances

14. Saturday and Sunday Work During Ordinary Hours

15. Overtime

16. Call Back

17. Mixed Functions

18. Employment Records

19. Posting of Notices

20. Allowances and Conditions

21. Classification Structure and Wage Rates

22. Minimum Adult Award Wage

23. Safety Provisions

24. No Reduction

25. Right of Entry

26. Union Delegates

27. Parental Leave

28. Liberty to Apply

29. Payment of Wages

30. Effect of 38 Hour Week

31. Termination of Employment

32. Dispute Settlement Procedures

33. Training Programme and Leave

34. Superannuation

35. Structural Efficiency and Award Modernisation

36. Jury Service Leave

37. Termination, Introduction of Change and Redundancy

Schedule A - Parties to the Award

Schedule B - Respondents

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

This award shall apply to all officers in the callings set out in Clause 21. – Classification Structure and Wage Rates, in the security industry and shall apply throughout the State of Western Australia; provided that this award shall not apply to those employees employed as Control Room Operators pursuant to the Clerks’ (Control Room Operators) Award No. A14 of 1981.

4. Clause 4. – Term:  Delete this clause and insert the following in lieu thereof:

The term of this award shall be for a period of one (1) year.

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

(1) "Security Officer" or “Officer” means a person employed to watch and/or guard and/or patrol and/or protect premises and/or property; provided that a Security Officer may perform incidental duties which need not be of a security nature.

(2) "Full time Officer" means an officer engaged for an average of 38 hours per week and paid by the week or fortnight.

(3) "Casual Officer" means an officer engaged by the hour.

(4) "Part Time Officer" shall mean an officer who is regularly employed for, and who works, between 10 and 38 hours per week.

(5) "Union" means the Liquor Hospitality and Miscellaneous Union, Western Australian Branch.

(6) "Day" means the period from midnight to midnight.

(7) "Night Shift" means any shift commencing between 5.00pm and 5.00am, or concluding between 11.00pm and 5.00am.

(8) "Afternoon Shift" means any shift commencing between 12.00 noon and 5.00pm, or concluding between 6.00pm and 11.00pm.

(9) “Continuous shifts” means an employee who is required to work ordinary hours of duty in accordance with a roster where the employee is rostered for duty over seven days of the week, and is required to work and works regularly on every day of the week, including public holidays and Sundays.

(10) “Non-Rotating Night Shift” means any shift in which night shifts are worked which do not rotate or alternate with another shift so as to give the employee at least one-third of his/her working time off night shift in each roster cycle.

(11) "Accrued Day(s) Off" means the paid day(s) off accruing to an officer resulting from an entitlement to the 38 hour week as prescribed in Clause 7. - Hours of this award.

(12) "Probationary Security Officer" means an officer who, upon commencement of employment with the employer, is required to serve a probationary period of three months in accordance with the provisions of subclause (5) of Clause 6. – Types of Employment.

(13) “Commission” means the Western Australian Industrial Relations Commission.

(14) “Union Delegate” is a workplace representative or delegate of the Union, elected or appointed according to the rules of the Union.”

(15) “reasonable evidence” shall mean evidence which would satisfy a reasonable person.

(16) “immediate family” shall include

(a) the partner or de facto partner of an employee;

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

(c) the brother or sister of an employee; or

(d) the parent, step-parent or grandparent of an employee.

6. Clause 6. – Contract of Employment:  Delete this number, title and clause and insert the following in lieu thereof:

6. - TYPES OF EMPLOYMENT

Employees under this award must be engaged as full-time, part-time or casual officers.  Before 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.  Termination of employment is subject to Clause 31. – Termination of Employment and Clause 37. – Termination, Introduction of Change and Redundancy of this award.

(1) Full-time employees

Full-time employees will be engaged for an average of thirty eight hours per week.

(2) Part-time employees

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

(b) A part-time employee shall:

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

(ii) have reasonably predictable hours of work; and

(iii) receive, 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 shall agree in writing:-

(i) on a regular pattern of work, specifying at least the number of hours worked each week, and

(ii) unless unique circumstances make this impossible the employer shall also specify which days of the week the employees shall work and daily start and finish times.

(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 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 (3)(a) of this clause.

(g) All time worked in excess of the hours agreed in paragraphs (c) or (d) of this subclause will be overtime and paid for at the rates prescribed in Clause 15.- 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.

(3) Casual Employees

(a) Casual Employees are engaged and paid by the hour.

(b) Casual employees must be paid a loading of 20% in addition to the applicable hourly rate in lieu of entitlements to sick and annual leave and payment for public holidays not worked.

(c) On each occasion a casual employee is required to attend work the employee is entitled to payment for a minimum of four hours work.

(d) In order to meet his or her personal circumstances a casual employee may request and the employer may agree to an engagement for less than the minimum of four hours.  Any dispute about a refusal to such a request is to be dealt with as far as practicable with expedition through the dispute settlement procedures.

(e) An employer before engaging a person for casual employment must inform the employee that the employee is to be employed as a casual, stating by whom the employee is employed, the job to be performed and the classification level, the actual or likely number of hours required, and the relevant rate of pay.

(f) The employer shall give to a casual employee who has been engaged for one or more periods of employment extending over three or more weeks in any calendar month, and whose employment is or is likely to be ongoing, a note in writing signed by or on behalf of the employer stating:

(i) the name and address of the employer;

(ii) if the employee has been engaged by the employer to perform work on hire to another person or company or is regularly engaged to perform work on hire to other persons or companies, a statement to that effect;

(iii) the job to be performed and the classification level on which the employee has been or is likely to be engaged;

(iv) as far as practicable, the terms of the current engagement, including the likely number and likely pattern of hours required to be worked, the casual rate or other loading applied and the base rate of pay on which the loading is applied;

(v) the contingency on which the engagement expires, or the notice, if any, that will be given to terminate any ongoing employment;

(g) It shall be sufficient compliance with paragraph (f) if the employer gives such a note in writing upon or following the first occasion on which the casual employee has been so engaged for a period or periods extending over three or more weeks in any calendar month.

(4) Conversion to full-time or regular part-time employment.

(a) This sub-clause applies to a casual employee, but not one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

(b) Notwithstanding paragraph (a) of this subclause, an employee must not be engaged and re-engaged to avoid any obligations under this award.

(c) A casual employee, who has been engaged by a particular employer for a sequence of periods of employment under this award during a period of six months, shall thereafter have the right to elect to have his or her contract of employment converted to full-time employment or part-time employment.

(d) Every employer of such an employee shall give the employee notice in writing of the provisions of this subclause within four weeks of the employee having attained such period of six months.

(e) The employee retains his or her right of election under this clause if the employer fails to comply with this paragraph.

(f) Any such casual employee who does not within four weeks of receiving written notice elect to convert his or her contract of employment to a full-time employment or a part-time employment will be deemed to have elected against any such conversion.

(g) Any casual employee who has a right to elect under paragraph (c), upon receiving notice under paragraph (d) or after the expiry of the time for giving such notice, may give four weeks notice in writing to the employer that he or she seeks to elect to convert his or her contract of employment to full-time or part-time employment, and within four weeks of receiving such notice the employer shall consent to or refuse the election but shall not unreasonably so refuse.  Any dispute about a refusal of an election to convert a contract of employment shall be dealt with as far as practicable with expedition through Clause 32 - Dispute Settlement Procedure of this award.

(h) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (g) of this subclause, the employer and employee in accordance with this paragraph, shall discuss and agree upon:

(i) which form of employment the employee will convert to, that is, full-time or part-time; and

(ii) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked.

(i) Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed upon between the employer and employee.

(j) Following such agreement being reached, the employee shall convert to full-time or part-time employment.

(k) Any dispute about the arrangements to apply to an employee converting from casual employment to full-time of part-time employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.

(5) Probationary Security Officer

(a) An officer may only be a probationary security officer for the first three months of employment with the employer and only if the employer notifies the employee in writing prior to the engagement, and must be paid in accordance with Clause 21. - Classification Structure and Wage Rates.

(b) A probationary security officer must be appointed as a full-time, part-time or casual officer in accordance with this clause.

(c) Upon the satisfactory completion of the probationary period the employer must confirm this in writing, the officer's appointment and his/her employment status as a full-time, part-time or casual officer.

(d) A probationary security officer must, where applicable, be entitled to all of the leave benefits, allowances, loadings and penalty rates prescribed in this award.

(6) Rosters

(a) Subject to what is provided elsewhere in this subclause, full-time and part-time officers shall, by a legible notice displayed in a place accessible to such officers, be notified of the commencing and ceasing times of ordinary hours of work rostered by an employer no later than one week prior to the operative date of such roster or any subsequent operative date of an amendment thereto.

(b) A lesser period of notice than that prescribed in paragraph (a) hereof may be given by an employer in circumstances where -

(i) such is agreed between an employer and the employee in writing, or

(ii) the prescribed period of notice is not practicable because of an emergency.

(c) In any other circumstances, Clause 15. – Overtime shall apply.

7. Clause 7 – Hours - Delete this clause and insert the following in lieu thereof:

(1) (a) The ordinary hours of work for full-time employees shall be an average of 38 per week and shall be worked on not more than five consecutive days of the week.

(b) Except where provided elsewhere in this clause, the ordinary hours shall be worked within a 20-day four-week cycle with 0.4 of an hour of each day worked accruing as an entitlement to take the 20th day in each cycle as an Accrued Day Off.

(2) By agreement between an employer and their employees covered by this award, the ordinary hours of an employee in lieu of the provisions of subclause (1) of this clause, may be worked:

(a) With two hours of each week's ordinary hours of work accruing as an entitlement to a maximum of 12 Accrued Day(s) Off (ADOs) in each 12-month period.  The ADOs shall be taken at a time mutually acceptable to the employer and the employee.

(b) Within a 10-day, two-week cycle, with an adjustment to hours worked to enable 76 hours to be worked over nine days of the two-week cycle and an entitlement to take the 10th day in each cycle as an ADO.

(c) Within a five-day, one-week cycle, of 38 hours.

(3) In addition to the foregoing the following specific provisions shall apply:

(a) The ordinary working hours in any day shall be worked within a spread of ten hours and, where a broken shift is worked, each portion of that shift shall be for a period of not less than three hours.

(b) 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:

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

(ii) 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;

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

(iv) where the majority of employees do not support the agreement then the issues will be referred to the Commission for conciliation and, if necessary, arbitration.

(4) An employer and employee may by agreement substitute the ADO the employee is to take off for another day; in which case the ADO shall become an ordinary working day.

(5) (a) A meal break of not less than half an hour nor more than one hour shall be allowed between the fourth and fifth hour of work unless otherwise agreed by the employer and the employee in times of emergency or staff accident or illness.

(b) Employees called upon to work during the ordinary meal break shall be paid overtime rates for all such work, provided that in the case of emergency, where it is necessary to work up to 15 minutes into a meal break, this provision shall not apply.

(c) All employees shall be allowed a tea break of ten minutes daily between the second and third hour from starting time each day.  Such tea break shall be counted as time worked.

(d) 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 one and a half hours shall be allowed a break of ten (10) minutes duration.  Such break shall be counted as time worked.

(6) Where ADOs are allowed to accumulate, the employer may require that they be taken within 12 months of the employee becoming entitled to an ADO.

(7) Any dispute over the operation of this clause must be dealt with in accordance with Clause 32. – Dispute Settlement Procedures.

8. Clause 8. – Holidays:

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

8. – Public Holidays

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

(1) (a) Subject to the provisions of this clause, the following days (or the days observed in lieu) shall be allowed as holidays without deduction of pay:

New Year’s Day

Australia Day

Good Friday

Easter Monday

Anzac Day

Labour Day

Foundation Day

Sovereign’s Birthday

Christmas Day

Boxing Day.

Provided that another day may be taken as a holiday by agreement between the parties, in lieu of any of the days named in the subclause.

(b) Notwithstanding paragraph (1)(a) of this clause:

(i) When any of the holidays fall on a Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday.

(ii) When Boxing Day falls on a Sunday or a Monday, the holiday shall be observed on the next succeeding Tuesday.

(iii) In each case the substituted day shall be a holiday with pay and the day for which it is substituted shall not be a holiday.

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

(4) (a) Where a holiday extends into the rostered day off of a weekly officer working a seven-day shift roster and the officer is not required to work on that day, the employer shall pay such officer for the time on the rostered day off falling on the public holiday, at ordinary rates.

9. Clause 9. – Annual Leave:  Delete 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 2.923 hours per week for each completed week of service.

(b) An employee who is rostered to work regularly on Sundays and holidays shall be allowed one week’s leave in addition to the leave to which the employee is otherwise entitled under this clause.

(c) Where pursuant to paragraph (4) of section 6 of the Long Services Leave Act 1958, employment with a transmittor is deemed to be employment with a transmittee employer, then that employment shall be deemed to be service with the transmittee for the purposes of this subclause.

(2) (a) During a period of 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 the employee not been on leave during the relevant period and such additional rates would have entitled the employee to a greater amount than the loading of 17.5 percent, then such additional rates shall be added to the employee’s ordinary rate of wage in lieu of the 17.5 percent loading.

Provided further, that if the additional rates would have entitled the employee to a lesser amount than the loading of 17.5 percent, then such loading of 17.5 percent shall be added to the employee’s 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 public 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 2.923 hours pay at their ordinary rate of wage for each completed week of service.

(b) The loading prescribed by this clause shall apply to accrued leave on termination except where: -

(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 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

(f) workers’ compensation.

(6) (a) Annual leave may be taken in more than one period of leave, at the request of the employee and with the consent of the employer.

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

(c) 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) 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) 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 (4) of this clause, the employee shall be liable to pay the amount representing the difference between the amount received 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. Clause 10. – Absence Through Sickness:  Delete this number, title and clause and insert the following in lieu thereof:

10. – SICK LEAVE.

(1) (a) An employee who is unable to attend or remain at their place of employment during the ordinary 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 a rate of one twenty sixth of a week for each completed week of service with the employer.

(c) If in the first or successive years of service with the employer an employee is absent on the ground of personal ill health or injury for a period longer than their entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service.

(2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence.

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

(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 they produce a certificate from a registered medical practitioner that they were so confined.

(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 9. - 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 9. - Annual Leave shall not be paid if the employee had already received leave loading payment with respect to the replaced annual leave.

(5) Where a business has been transmitted from one employer to another and the employee's service has been deemed continuous in accordance with section 6(4) of the Long Service Leave Act 1958, 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.

(7) The provisions of this clause do not apply to casual employees.

(8) An employee shall not be entitled to claim payment for non-attendance on the ground of personal ill-health or injury nor will the employee's sick leave entitlements be reduced if such personal ill-health or injury occurs on a day when an employee is absent on an Accrued Day Off in accordance with the provisions of subclauses (1) and (2) of Clause 7. - Hours of this award unless such illness is for a period of seven consecutive days or more and in all other respects complies with the requirements of subclause (4) of this clause.

(9) An employee whilst on paid sick leave shall continue to accrue an entitlement to an Accrued Day Off as prescribed in subclauses (1) and (2) of Clause 7. - Hours of this award.

(10) Carers Leave

(a) An employee is entitled to use any part of the employee’s 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 immediate care and attention.

(b) A member of the employee’s family mentioned within paragraph (a) means any of the following

(i) the employee’s partner or de facto partner;

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

(iii) an adult child of the employee;

(iv) a parent, sibling or grandparent of the employee;

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

(c) By mutual agreement between the employer and employee an employee may be granted further sick leave credits for carers leave.

(d) An employee may take unpaid carers leave by agreement with the employer.

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

(1) Employees covered by this award shall be entitled to Long Service leave in accordance with the Long Service Leave Act 1958.

(2) When a worker proceeds on long service leave there will be no accrual towards an Accrued Day Off as prescribed in subclause (1) and (2) of Clause 7. - Hours of this award.

(3) Any long service leave accumulated as at July 1, 1985 shall be adjusted in hours in the ratio of 38 to 40.

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

(1) For the purposes of this section, compassionate leave is paid leave taken by an employee:

(a) for the purposes of spending time with a person who:

(i) is a member of the employee’s family (as defined in Clause 10. – Sick Leave); and

(ii) has a personal illness, or injury, that poses a serious threat to his or her life; or

(b) after the death of a member of the employee’s family or a member of the employee’s household.

(2) Subject to this section, an employee is entitled to a period of two (2) days of compassionate leave for each occasion (a permissible occasion) when a member of the employee’s family:

(a) contracts or develops a personal illness that poses a serious threat to his or her life; or

(b) sustains a personal injury that poses a serious threat to his or her life; or

(c) dies.

(3) However, the employee is entitled to compassionate leave only if the employee gives his or her employer evidence that the employer reasonably requires of the illness, injury or death.

(4) An employee who is entitled to a period of compassionate leave for a particular permissible occasion is entitled to take the compassionate leave as:

(a) a single, unbroken period of two (2) days; or

(b) Two (2) separate periods of one (1) day each; or

(c) any separate periods to which the employee and his or her employer agree.

(5) An employee who is entitled to a period of compassionate leave because a member of the employee’s family has contracted or developed a personal illness, or sustained a personal injury, is entitled to start to take the compassionate leave at any time while the illness or injury persists.

(6) If an employee takes compassionate leave during a period, the employer must pay the employee for that period the amount the employee would reasonably have expected to be paid by the employer if the employee had worked during that period.

(7) An employee, whilst on bereavement leave prescribed by this clause shall continue to accrue an entitlement to an Accrued Day Off as prescribed in subclauses (1) and (2) of Clause. 7 - Hours of this award.

13. Clause 13. – Shift Allowances:  Delete this clause and insert the following in lieu thereof:

A fulltime employee may be employed on shift work.   The following allowances for shift work shall be paid to officers in addition to their hourly rate in respect of all work performed during the ordinary hours of shifts as defined in subclauses (7), (8) and (10) of Clause 5. – Definitions of this award.

An employee who works on any afternoon or night shift which does not continue for at least five successive afternoon or nights at a five day work site or for at least six successive afternoons or nights at a six day work site shall be paid at the rate of time and a half.

14. Clause 14. – Saturday and Sunday Work During Ordinary Hours:  Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Officers required to work their ordinary hours on a Saturday or Sunday shall be paid for all time worked at the following rates:

Saturday work – time and one half

Sunday work – double time

15. Clause 15. – Overtime:

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

(1) (a) Except as hereinafter provided, all work done outside the ordinary hours prescribed by Clause 7. – Hours of this award shall be paid at the rate of time and one-half for the first two hours and double time thereafter.

(b) Continuous shift officers shall be paid double time for all work done outside ordinary hours.

(c) For the purpose of calculating overtime, each day’s work shall stand alone.

B. Immediately following subclause (4) of this clause insert a new subclause as per the following:

(5) (a) Subject to subclause (5)(b) 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.

16. Clause 16. – Call Back:  Delete this clause and insert the following in lieu thereof:

An officer required to attend the employer’s premises for any reason including picking up pay shall be paid for the time involved in each such attendance.

Provided further, that such officer shall be given at least eight hours off duty, excluding travelling time in excess of 30 minutes and a meal break of 30 minutes, before he is required to resume his ordinary hours.  If such officer is requested to resume duty before eight hours' rest is given he shall be paid at double ordinary rates until he has been relieved from duty for a period of eight hours.

17. Clause 18. – Access to Records:  Delete this number, title and clause and insert the following in lieu thereof:

18. – 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, including 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 paid, partly paid or unpaid;

(vi) relevant information for Long Service Leave calculations;

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

(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) Each employer shall keep a written record showing the name of each officer required by the employer to carry a firearm and the dates of firearms training undertaken by each such officer according to the requirements of subclause (4)(c) of Clause 20. – Allowances and Conditions of this award.

(3) The employer shall on 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.

(4) 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.

(5) An employer shall comply with a request within 48 hours.

18. Clause 19. – Posting of Notices:  Delete subclause (5) of this clause and insert the following in lieu thereof:

(5) Any dispute arising from the operation of this clause shall be dealt with in accordance with Clause 32. - Dispute Settlement Procedures of this award.

19. Clause 20. – Special Rates and Provisions:  Delete this number, title and clause and insert the following in lieu thereof:

20. - Allowances and Conditions

(1) Work Related Allowances

Officers who meet the following requirements shall be paid the following allowances in addition to their wages:

(a) Security Officers and above who are required to possess a recognised first aid certificate as a condition of employment, $9.05 per week.  If an employee, at the request of his/her employer, attends a course of training the employer shall pay for the actual cost of the course and text book expenses.

(b) Security Officers who are required to carry firearms in the performance of their duties, $14.10 per week, or $2.80 per day for each day a firearm is carried.

(c) Security Officers required to drive emergency vehicles, $3.80 per day for each day that a vehicle is driven in an emergency situation.

(d) Security Officers who are required to attend and reset alarm panels, $5.65 per week or $1.15 per day in the case of employees who work part-time or casual.

(e) Security Officers required to hold a licence in accordance with the provisions of the Security and Related Activities (Control) Act 1996 must have, in the second and subsequent years of employment 50% of the cost of each annual licence renewal reimbursed by the employer.

(f) Where an officer is required to carry a torch, a suitable torch shall be provided and maintained in working order by the employer or an allowance of $2.90 per week (or 58 cents per day) shall be paid where a torch is required.

(g) Aviation Security Allowance

(i) An allowance of $1.04 per hour shall be payable to employees engaged in Aviation Security at the Perth International and Domestic Terminals, or any facility within the Westralia Airports Corporation (Perth Airport) boundary.

(ii) For the purpose of this clause, Aviation Security means the provision of security services including, but not limited to, passenger, goods and/or baggage security including checked baggage screening services, control room functions, guarding and controlling access to designated areas, and of security persons, property and buildings.

(iii) Aviation Security does not include traffic control (including kerbside traffic management), car parking services, or any other function for which a valid security licence is not required.

(h) Standing-by allowance

An employee required to hold himself/herself in readiness to work after ordinary hours shall until released be paid standing-by time at ordinary rates from the time which he/she is so to hold himself/herself in readiness.

(i) Broken Shift Allowance

Where employees are required to perform their ordinary hours of duty in more than one continuous period on one day or shift, such employees shall be paid $5.76 per shift in addition to any other wages and allowances prescribed by this Award.

(2) (a) Fares and Travelling

(i) Where an officer is required during his/her normal working hours, by the employer to work outside his/her usual place of employment the employer must pay the employee reasonable travelling expenses equal to the cost incurred except where an allowance is paid in accordance with subclause (2)(b) of this clause.

(ii) Where an officer is required and authorised to use their own motor vehicle in the course of their duties they must be paid an allowance not less than that provided for in subclause (2)(b) of this clause. Notwithstanding anything contained in this subclause, the employer and the employee may make any other arrangements as to car allowance not less favourable to the employee.

(iii) Where an employee in the course of a journey travels through two or more of the separate areas, payment at the rates prescribed in subclause (2)(b) of this clause must be made at the appropriate rate applicable to each of the separate areas or locations traversed.

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

* Motor vehicles with rotary engines are to be included in the 1601-2600cc category.

(ii) Motor Cycle Allowance

In all Areas of State, the motorcycle allowance will be 26.0 cents/Km.

(3) Location Allowance

(a) 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 full-time 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.

(b) Except as provided in paragraph (c) of this clause, an employee who has:

(i) a dependant must be paid double the allowance prescribed in paragraph (a) of this clause;

(ii) A partial dependant must be paid the allowance prescribed in paragraph (a) of this clause, in addition to the difference between that rate and the amount such partial dependant is receiving by way of a district or location allowance.

(c) Where an employee:

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

(ii) 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 must be paid 66. 7% of the allowances prescribed in paragraph (a) of this clause.

(d) Subject to paragraph (b), junior employees, casual employees, part-time employees, apprentices receiving less than adult rate and employees employed for less than a full week must 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.

(e) Where an employee is on annual leave he/she must be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled.

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

(g) For the purposes of this clause:

(i) Dependant means -

(aa) a spouse or defacto spouse; or

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

who does not receive a district or location allowance, but must exclude a dependant whose salary/wage package includes a consideration of the purposes for which the location allowance is payable pursuant to the provisions of this clause.

(ii) Partial Dependant means a dependant as prescribed in subparagraph (i) of this paragraph who receives a district or location allowance which is less than the location allowance prescribed in paragraph (a) of this clause.

(h) Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of this clause, must 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 Labour Council of Western Australia or, failing such agreement, as may be determined by the Commission.

(i) Subject to the making of a General Order pursuant to s.50 of the Western Australian Industrial Relations Act, that part of each location allowance representing prices must 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.

(4) Conditions

(a) The employer shall provide adequate shelter and amenities for the officers at each work site.

(b) An officer shall not carry firearms unless required to do so by the employer.  Where an officer is required to carry firearms, such firearms shall be provided and maintained in a reasonable condition by the employer.

(c) Where an officer is required by the employer to carry firearms, initial training in the use of such firearm shall be provided and such training time shall be counted as time worked.  Paid refresher courses shall be conducted at six-monthly intervals thereafter.

(d) Where it is necessary for an officer to attend a Court in connection with any matter arising out of or in connection with his/her duties, the time so occupied shall count as time worked.

(e) Accommodation for Meals:

Where practicable, employers shall allow static officers to partake of their meals, crib breaks or tea breaks in a suitable place protected from the weather and every such officer shall be provided by the employer with adequate facilities for tea making and for heating food.  This provision shall not apply to mobile patrol employees.

(f) Where the employer requires an employee to wear a uniform, the following provisions shall apply -

(i) The uniform issue shall be provided by the employer and shall be replaced on a fair wear and tear basis.

(ii) For full-time or part-time employees the uniform issue shall be as follows:

3 shirts

2 pairs of trousers or slacks or skirts

1 tie or scarf

1 jacket or jumper

(iii) For casual employees the uniform issue shall be as follows:

2 shirts

1 pair of trousers or slacks or skirt

1 tie or scarf

1 jacket or jumper

(iv) The employee shall be responsible for the laundering of and the cost of laundering any uniform supplied.

(g) Protective Clothing:

Where an officer is required to work in wet conditions, he/she shall be supplied with suitable wet weather clothing and boots.  Such clothing shall remain the property of the employer.

20. Clause 21. – Classification Structure and Wage Rates:  Delete this clause and insert the following in lieu thereof:

(1) CLASSIFICATION STRUCTURE

An employer shall classify existing and new employees, as a security officer at a level 1 to 4, according to the criteria set out below.  Existing employees, and new employees upon engagement, shall be informed by the employer of the classification into which they have been placed.

(a) SECURITY OFFICER - LEVEL 1

(i) A Security Officer - Level 1 is an employee who performs work to the level of his or her training.

(ii) Indicative of the tasks which an employee at this level may perform are the following;

(aa) Watch, guard or protect premises and/or property;

(bb) Be stationed at an entrance and/or exit, whose principal duties shall include the control of movement of persons, vehicles, goods and/or property coming out of or going into premises or property, including vehicles carrying goods of any description, to ensure that the quantity and description of such goods is in accordance with the requirements of the relevant document and/or gate pass and who also may have other duties to perform and shall include an area or door attendant or commissionaire in a commercial building;

(cc) Respond to basic fire/security alarms at their designated post;

(dd) In performing the duties referred to above the officer may be required to use electronic equipment such as hand-held scanners and simple closed circuit television systems utilising basic keyboard skills.

(b) SECURITY OFFICER - LEVEL 2

(i) A Security Officer - Level 2 is an employee who performs work above and beyond the skills of an employee at Level 1 to the level of his or her training.

(ii) Indicative of the tasks which an employee at this level may perform are the following:

(aa) Duties of securing, watching, guarding and/or protecting as directed, including responses to alarm signals and attendances at and minor non-technical servicing of automatic teller machines, and is required to patrol in a vehicle two or more separate establishments or sites; or

(bb) Monitors and responds to electronic intrusion detection or access control equipment terminating at a visual display unit and/or computerised printout (except for simple closed circuit television systems).

(cc) May be required to perform the duties of Security Officer - Level 1.

(dd) Monitors and acts upon walk through magnetic detectors; and/or monitor, interpret and act upon screen images using x-ray imaging equipment.

(ee) The operation of a public weighbridge by a Security Officer appropriately licensed to do so.

(c) SECURITY OFFICER - LEVEL 3

(i) A Security Officer - Level 3 is an employee who performs work above and beyond the skills of an employee at Level 2 to the level of his or her training.

(ii) Indicative of the tasks which an employee at this level may perform are the following:

(aa) The monitoring and operation of integrated intelligent building management and security systems terminating at a visual display unit or computerised printout which requires data input from the Security Officer.

(bb) A Security Officer, who in the opinion of the Employer has no previous relevant experience at this level, and is undertaking the tasks of a Security Officer Level 4 whilst undergoing training and gaining experience during the first 6 months of employment as such.

(iii) A Security Officer Level 3 is also required to perform the duties of a Security Officer - Level 1 and/or Security Officer - Level 2.

(d) SECURITY OFFICER - LEVEL 4

(i) A Security Officer - Level 4 is an employee who performs work above and beyond the skills of an employee at Level 3 to the level of his or her training.

(ii) Indicative of the tasks which an employee at this level may perform are the following:

(aa) Monitoring, recording, inputting information or reacting to signals and instruments related to electronic surveillance of any kind within a central station.

(bb) Keyboard operation to alter the parameters within an integrated intelligent building management and/or security system.

(cc) The co-ordinating, monitoring or recording of the activities of Security Officers utilising a verbal communications system within a central station.

(iii) A Security Officer Level 4 is also required to perform the duties of Security Officers at Levels 1 and/or 2 and/or 3.

(2) WAGE RATES

(a) The minimum rate of wage payable under this award shall be as follows:

(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.

(3) A probationary Security Officer shall be paid 96% of the weekly wage rate prescribed for a Security Officer - Level 1 or Security Officer - Level 2 whichever is applicable and, if the officer is a casual, the casual loading referred to in subclause (3)(b) of Clause 6. – Types of Employment in the award.

(4) Senior Officers:

Any officer placed in charge of other officers shall be paid in addition to the appropriate wage prescribed, the following:

21. Clause 22. – Safety Provisions to Clause 35. – Transition and Implementation: Classification Structure inclusive:  Delete these numbers, titles and clauses and insert the following in lieu thereof:

22. – MINIMUM ADULT AWARD WAGE

(1) No adult employee shall be paid less than the Minimum Adult Award Wage unless otherwise provided by this clause.

(2) The Minimum Adult Award Wage for full time adult employees is $504.40 per week payable on and from 7 July 2006.

(3) The Minimum Adult Award Wage is deemed to include all arbitrated safety net adjustments from State Wage Case decisions.

(4) Unless otherwise provided in this clause adults employed as casuals, part time employees or pieceworkers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the Minimum Adult Award Wage according to the hours worked.

(5) Juniors shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the Minimum Adult Award Wage.

(6) (a) The Minimum Adult Award Wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate.

(b) Liberty to apply is reserved in relation to any special categories of employees not included here or otherwise in relation to the application of the Minimum Adult Award Wage.

(7) Subject to this clause the Minimum Adult Award Wage shall -

(a) apply to all work in ordinary hours.

(b) apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(8) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for adult employees payable under the 2006 General Order Wage Case Decision.  Any increase arising from the insertion of the minimum adult award wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award.  Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements.  Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum adult award wage.

(9) Adult Apprentices

(a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or over, shall not be paid less than $421.70 per week.

(b) The rate paid in paragraph (a) above is payable on superannuation and during any period of paid leave prescribed by this Award.

(c) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

(d) Nothing in this clause shall operate to reduce the rate of pay fixed by this award for an adult apprentice in force immediately prior to 5 June 2003.

23. – SAFETY PROVISIONS

(1) A reasonable means of communication must be available for a security officer to communicate with headquarters.

(2) Any dispute as to whether a means of communication is reasonable, for the purposes of this clause, may be resolved in accordance with the Clause 32. - Dispute Settlement Procedures of this award.

(3) Employees shall at all times be protected from all adverse affects of work, including but not being limited to noise, heat, cold, dust, chemicals, radiation (ionizing and non-ionizing), vibration and non-ergonomic design of work, tools and work places, and this shall be the responsibility of the employer.

(4) Liberty to apply is reserved to the Union in relation to the insertion of a subclause providing for the wearing of radiation monitoring badges.

(5) The employer is required to provide without charge to the employee safety footwear to be replaced on a fair wear and tear basis provided the employee is working in one of the following areas:

(a) As a Mobile Patrol Officer; or

(b) On a site designated a construction site in accordance with the Occupational Safety and Health Act, 1984; or

(c) On a site where the client company designates that safety footwear should be worn at that workplace; or

(d) Where it is deemed appropriate.

(6) All employees, from commencement of employment, must be given full and appropriate training in all aspects of work that they may be called upon to perform.  Such training is the responsibility of the employer, but need not be conducted by the employer.

24. - NO REDUCTION

Nothing contained in this award shall entitle an employer to reduce the wage of any officer who at the date of this award is being paid a higher rate of wage than the minimum prescribed for his or her class of work.

25. - RIGHT OF ENTRY

(1) An authorised representative of the Union may enter, during working hours, any premises where relevant employees work, for the purpose of –

(a) holding discussions at the premises with any relevant employees who wish to participate in those discussions;

(b) investigating any suspected breach of the Industrial Relations Act 1979, the Long Service Leave Act 1958, the Minimum Conditions of Employment Act 1993, the Occupational Safety and Health Act 1984, the Mines Safety and Inspection Act 1994 or an award, order, industrial agreement or employer-employee agreement that applies to any such employee.

(2) Authorised representative means a person who holds an authority in force under Division 2G of the Industrial Relations Act 1979 (as amended).

(3) A ‘relevant employee’ means an employee who is a member of the Union or who is eligible to become a member of the Union.

(4) An authorised representative is not entitled to require the production of employment records or other documents unless, before exercising the power, the authorised representative has given the employer concerned:

(a) if the records or other documents are kept on the employers premises, at least 24 hours written notice; or

(b) if the records or other documents are kept elsewhere, at least 48 hours written notice.

26. - Union Delegates

(1) In an establishment a Union Delegate may be elected by the employees.  Such Delegate shall be recognized 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/she 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) The employer acknowledges that Union Delegates have an important role to play in the change, consultation, collective negotiation, communication, grievance and disciplinary processes.

(5) Union Delegates shall:

(a) be treated fairly and be able to perform their role as union delegate without any discrimination or victimization in their employment;

(b) have access to facilities for the purpose of carrying out union work as a delegate and consulting with workplace colleagues and the union such as telephone, facsimile, photocopying, Internet and e-mail;

(c) have access to reasonable information about the workplace and the business and be involved in genuine consultation prior to decisions, which impact on union members being taken;

(d) be provided with paid time to represent the interests of members to the employer and industrial tribunals;

(e) be provided with six (6) days per year paid time to participate and attend, accredited union education;

(f) be provided with paid time to research and prepare prior to all negotiations with management;

(g) be able to consult with staff during normal working hours;

(h) be able to address new employees about the benefits of union membership at the time they enter employment;

(i) be released for two (2) additional paid days to attend the annual Union Delegate Convention.

27. - PARENTAL LEAVE

(1) Subject to the terms of this clause employees are entitled to parental leave and full-time employees may elect to work part-time in connection with the birth or adoption of a child.

(2) The provisions of this clause apply to full time, part time and eligible casual employees, but do not apply to other casual employees.

(3) An eligible casual employee means a casual employee:

(a) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and

(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.

(4) 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).

(5) An employer must not fail to re-engage a casual employee because:

(a) the employee or employee’s partner is pregnant; or

(b) the employee is or has been immediately absent on parental leave.

(6) The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

(7) 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 (8)(a);

"partner" means a spouse or de facto partner.

(8) Entitlement to Parental Leave

(a) Subject to subclauses (10), (11)(a) and (12)(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).

(9) Parental 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.

(10) 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.

(11) 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.

(12) 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.

(13) 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 (16), 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 without loss of income.

(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 (a), that paragraph applies only in respect of the position held by the employee immediately before taking the acting or temporary position.

(14) 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.

(15) Any absence from duty during a pregnancy for medical reasons relating to that pregnancy and certified by a suitably qualified medical practitioner will not be debited against the 52 week parental leave entitlement.

(16) 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 parental leave for the purposes of this clause.

(17) 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.

(18) 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.

(19) Special Parental 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 parental 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 parental 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 (14), (20) and (21) hereof, parental leave shall include special parental 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 (16), 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.

(20) Parental Leave and Other Leave Entitlements

(a) An employee may, in lieu of or in conjunction with parental 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.

(21) 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 parental 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.

(22) 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.

(23) Effect of Parental Leave on Accrued Day Off

(a) When a worker proceeds on parental leave there will be no accrual towards an Accrued Day Off as prescribed in subclauses (1) and (2) of Clause 7. – Hours of this award.

(b) When a worker proceeds on parental leave the employer may pay a worker the amount of hours accrued towards a Accrued Day Off as prescribed in subclauses (1)( and (2) of Clause 7. – Hours of this award.

28. - LIBERTY TO APPLY

Liberty to apply is reserved to either of the parties to the award with respect to wages and conditions of employment for security officers employed on major construction projects.

29. – PAYMENT OF WAGES

(1) Wages will be paid by either cheque, cash or direct deposit into the employee’s nominated bank account at the discretion of the employer.  If the employer requires the employee to pick up his or her wages from a particular place, the employee will be paid ordinary rates for the time involved in doing so.

(2) The employer shall keep no more than two working day’s pay in hand in the case of all employees.  Provided that this subclause shall not apply in the case of computer breakdown or other unforeseen circumstances for which the employer cannot be held responsible.

(3) With each pay, all employees must be provided with a pay advice detailing the employee’s hourly rate, overtime, penalties, allowances, gross wage, deductions – broken down to:  taxation; other and net wage.

(4) No deduction shall be made of an Officer's wages unless the Officer has authorised such deduction in writing.

30. - EFFECT OF 38-HOUR WEEK

(1) Termination

(a) An Officer subject to the provisions of subclause (1) of Clause 7. - Hours of this award who has not taken any Accrued Days Off accumulated during a work cycle in which employment is terminated, shall be paid the total of hours accumulated towards the Accrued Days Off for which payment has not already been made.

(b) An Officer who has taken any Accrued Day Off during a work cycle in which employment is terminated shall have the wages due on termination reduced by the total hours for which payment has already been made but for which the Officer had no entitlement toward those Accrued Days Off.

(2) Workers' Compensation

(a) 20 Day Work Cycle

(i) Where a worker is on workers' compensation for periods for less than one complete 20 day work cycle, such Officer will accrue towards and be paid for the succeeding Accrued Day Off following such absence.

(ii) An Officer will not accrue Accrued Days Off for periods of workers' compensation where such period of leave exceeds one or more complete 20 day work cycles.

(iii) Where a worker is on workers' compensation for less than one complete 20 day work cycle and an Accrued Day Off falls within the period, the Officer will not be re-rostered for an additional Accrued Day Off.

(b) 12 Months' Work Cycle

(i) Where a worker is on workers' compensation for period for less than a total of 20 consecutive work days in a work cycle such Officer will accrue towards and be paid for the succeeding Accrued Days Off following such leave.

(ii) Where a worker is on workers' compensation for periods greater than a total of 20 consecutive days in a work cycle such Officer will have the period of workers' compensation added to the work cycle.

(iii) Where a worker is on workers' compensation for greater than 20 consecutive work days and an Accrued Day Off as prescribed in subclause (1) of Clause 7. - Hours of this award falls within the period the Officer shall be re-rostered for another Accrued Day Off on completion of the 20 week work cycle following such absence.

(3) Leave Without Pay

(a) 20 Day Work Cycle

An Officer who is absent on any form of leave without pay during a 20 day work cycle shall not accumulate an entitlement to an Accrued Day Off for the period of such leave nor will the Officer be entitled to an Accrued Day Off whilst on leave without pay.

(b) 12 Months' Work Cycle

(i) An Officer who is absent on any form of leave without pay for less than a total of five days in any work cycle shall not have payment reduced when proceeding on Accrued Days Off.

(ii) An Officer who is absent on any form of leave without pay for a total of five days or more in any work cycle will have such period of leave added to the work cycle.

(4) Payment of Wages

An Officer shall be paid for Accrued Days Off at the rate, including penalties, at which it was accumulated.

31. - Termination of Employment

(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) may be terminated by the following notice period, provided that an employee has not been dismissed on the grounds of gross misconduct in which case the employee 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 with the employer, 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.  The employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(d) 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 their engagement or the forfeiture or payment of one week’s pay by the employee to the employer in lieu or notice.

32. – DISPUTE SETTLEMENT PROCEDURES

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:

Step 1

As soon as practicable after the dispute has arisen, it shall be considered jointly by the appropriate supervisor, the employee or employees concerned and, where requested, by the union delegate.

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 an official of the Union

Step 3

If the dispute is not resolved it may then be referred to the Western Australian Industrial Relations Commission for assistance and if required arbitration.

At all times whilst a dispute or matter is being resolved in accordance with this clause, the status quo shall be maintained unless an employee has a reasonable concern about their health and safety.

33. - TRAINING PROGRAMME AND LEAVE

(1) An employer shall, either through consultation in accordance with Clause 35. - Structural Efficiency and Award Modernisation hereof, or through the establishment of a training committee, develop a training programme consistent with -

(a) the current and future skill needs of the enterprise;

(b) the size, structure and nature of the operations of the enterprise;

(c) the need to develop vocational skills relevant to the enterprise and the security industry through courses conducted by accredited educational institutions and providers.

(2) Should it be agreed that a training committee be established, such committee shall be constituted by equal numbers of employer and employee representatives and have a charter which clearly states its role and responsibilities.  The charter may include, for example -

(a) formulation of a training programme and availability of training courses and career opportunities to employees;

(b) dissemination of information on the training programme and availability of training courses and career opportunities to employees;

(c) recommendation of individual employees for training and reclassification;

(d) monitoring and advising management and employees regarding the ongoing effectiveness of the training.

(3) An employee who is approved to attend, and so attends, additional training established by a programme developed pursuant to this clause, shall -

(a) not lose wages for a period of absence from duty to attend such training when it is undertaken during the employee's normal rostered hours of duty;

(b) be paid the appropriate ordinary time rates for any period of attendance at such training which occurs outside of, or in excess of, the employee's normal rostered hours of duty.

34. – Superannuation

(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) Westscheme 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.

35. - STRUCTURAL EFFICIENCY AND AWARD MODERNISATION

(1) The parties to this award are to co-operate positively to increase the efficiency and productivity of the security industry and to enhance the career opportunities and job security of employees in the industry.

(2) At each workplace or enterprise the employer, employees and the Union shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of the workplace or enterprise.  Measures raised by the parties for consideration consistent with the objectives of subclause (1) hereof shall be processed through that consultative mechanism and procedures.

(3) Considerations consistent with subclause (1) hereof shall include measures related to implementation of a new classification structure, the facilitative provisions contained in this award and matters concerning training.

(4) Without limiting the rights of either the employer or the Union to arbitration, any other measures designed to increase flexibility at a workplace/enterprise sought by any party shall be notified to the Commission and by agreement of the parties involved shall be implemented subject to the following requirements -

(a) The majority of employees affected by any change at the workplace must genuinely agree to such change.

(b) Employees shall not lose income applicable to their ordinary hours of work as a result of the change.

(c) The Union must be a party to the agreement.

(d) The Union shall not unreasonably oppose any agreement.

(e) Any agreement shall be subject to approval by the Western Australian Industrial Relations Commission and, if approved, shall operate as a schedule to this award and take precedence over other provisions of this award to the extent of any inconsistency.

36. - Jury Service Leave

An employee required to attend for jury service during ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the attendance for such jury service and the amount of wage which would have been paid had the employee not been on jury service.  An employee shall notify the employer as soon as possible of the date upon which the employer is required to attend for jury service.  Further, the employee shall give the employer proof of such attendance, the duration of such attendance and the amount received in respect of such jury service.

37. – 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 section 6 of the Long Service Leave Act 1958 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).

(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 subclause 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.

22. Appendix – Resolution of Disputes Requirements:  Delete this title and Appendix in its entirety.

23. Schedule A – Parties to the Award:  Delete this schedule and insert the following in lieu thereof:

The following organisation is a party to this award:

The Liquor, Hospitality and Miscellaneous Union, Western Australian Branch.

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

Callaghan Security Services

PO Box 644 

Gosnells WA 6110

Dolphin Security Service

42 Dower Street 

Mandurah WA 6210

FDL Security

PO Box 6548 

East Perth WA 6892

Inline Security WA

PO Box 2564 

Malaga WA 6944

Icarus Security

PO Box 1848 

Geraldton Private Boxes

WA 6531

Henley Brook Security

PO Box 2138 

Ellenbrook WA 6069

Astute Security Services

PO Box 1632 

Midland Private Boxes WA 6936

25. Appendix – S.49B – Inspection of Records Requirement:  Delete this title and Appendix in its entirety.