2012 WAIRC 00412
HOSPITAL SALARIED OFFICERS (PRIVATE HOSPITALS) AWARD, 1980
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES COMMISSION'S OWN MOTION
APPLICANT
-V-
(NOT APPLICABLE)
RESPONDENT
CORAM ACTING SENIOR COMMISSIONER P E SCOTT
DATE MONDAY, 2 JULY 2012
FILE NO/S APPL 73 OF 2007
CITATION NO. 2012 WAIRC 00412

Result Award Varied


Order
HAVING heard Ms P Marcano on behalf of the Health Services Union of Western Australia (Union of Workers) and Ms J Auerbach and with her Ms A Ekic on behalf of the Chamber of Commerce and Industry of Western Australia (Inc), and by consent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:

THAT the Hospital Salaried Officers (Private Hospitals) Award, 1980 be varied in accordance with the following Schedule and that such variation will have effect from the beginning of the first pay period commencing on or after the 26th day of June 2012.









ACTING SENIOR COMMISSIONER P E SCOTT

SCHEDULE

1. Award Name: Delete the award name and insert the following:

Hospital Salaried Officers (Private Hospitals) Award

2. Clause 1. - Title: Delete this clause in its entirety and insert the following in lieu thereof:
1. - TITLE

This award will be known as the Hospital Salaried Officers (Private Hospitals) Award.

3. Clause 1B. – Minimum Adult Award Wage: Delete this clause in its entirety and insert the following in lieu thereof:

1B. - MINIMUM ADULT AWARD WAGE


(1) No employee aged 21 or more will be paid less than the minimum adult award wage unless otherwise provided by this clause.

(2) The minimum adult award wage for full-time employees aged 21 or more is $627.70 per week payable on and from the commencement of the first pay period on or after 1 July 2012.

(3) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.

(4) Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result will not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5) Employees under the age of 21 will 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) The minimum adult award wage will 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, provided that no employee will be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(7) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(8) Subject to this clause the minimum adult award wage will –

(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.

(9) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2012 State Wage order decision. Any increase arising from the insertion of the minimum 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 wage.

(10) Adult Apprentices

(a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, will not be paid less than $543.50 per week on and from the commencement of the first pay period on or after 1 July 2012.

(b) The rate paid in the paragraph above to an apprentice 21 years of age or more 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 will be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

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


4. Clause 2. - Arrangement: Delete this clause in its entirety and insert the following in lieu thereof:
2. - ARRANGEMENT

1. Title
1B. Minimum Adult Award Wage
2. Arrangement
2A. Wage Fixing Principles
3. Scope
4. Area
5. Term
6. Right of Entry
7. Definitions
8. Time and Wages Record
9. Contract of Service
10. Payment of Salaries
11. Higher Duties
12. Hours
13. Overtime
14. Meal Money
15. Public Holidays and Annual Leave
16. Bereavement Leave
17. Leave for Illness or Injury or Family Care
18. Parental Leave
19. Long Service Leave
20. Motor Vehicle Allowances
21. Travelling
22. Protective Clothing and Uniforms
23. Part-Time Employees
24. Temporary Employees
25. Shift Work
26. Notices
27. Non-Reduction
28. Liberty to Apply
29. Salaries
30. Calculation of Penalties
31. Effect of 38 Hour Week
32. Casual Employees
33. Enterprise Agreements
34. Traineeships
35. Resolution of Disputes Requirement

Appendix - Resolution of Disputes Requirement
Schedule A - Named Union Party
Schedule B - Minimum Salaries
Schedule C - Classification and Grading of Employees
Schedule D - Respondents
Schedule E - Ramsay Health Care Pty Ltd - Hollywood Hospital Provisions
Appendix - S.49B - Inspection Of Records Requirements


5. Clause 3. - Scope: Delete this clause in its entirety and insert the following in lieu thereof:

3. - SCOPE

(1) Subject to subclause (2) of this clause this award will apply to employees engaged in clerical, technical, supervisory, administrative or professional capacities by the operators of private hospitals.

(2) Subject to clause 1. - Title of this Award, this award will not apply to employees and employers bound by awards to which at the date of this award the Health Services Union of Western Australia (Union of Workers) is a party.


6. Clause 4. - Area: Delete this clause in its entirety and insert the following in lieu thereof:

4. - AREA

This award will operate throughout the state of Western Australia in the areas occupied and conducted as private hospitals by employers bound by this award.


7. Clause 5. - Term: Delete this clause in its entirety and insert the following in lieu thereof:

5. - TERM

The term of this award will be for a period of one year on and from the 18th day of November, 1980.


8. Clause 6. – Right of Entry: Delete this clause in its entirety and insert the following in lieu thereof:

6. - RIGHT OF ENTRY

An authorised representative of the Union, as defined by the Act, may exercise their right of entry in accordance with the provisions of Part II, Division 2G of the Industrial Relations Act 1979.


9. Clause 7. – Definitions: Delete this clause in its entirety and insert the following in lieu thereof:

7. - DEFINITIONS

"Accrued Day(s) Off" means the paid days off accruing to an employee resulting from an entitlement to the 38 hour week as prescribed by clause 12. - Hours of this Award.

"Casual Employee" means an employee engaged for a period of less than one month. Where the employment continues beyond one month, they will be deemed to be a temporary employee from the end of that month.

“Member of Employee's Family or Household" means any of the following persons:

(1) the employee's spouse or de facto spouse (including same sex partners);

(2) child, stepchild or grandchild of the employee (including an adult child, stepchild or grandchild);

(3) a parent, step-parent or grandparent of the employee;

(4) a sibling or step sibling of the employee; or

(5) any other person who, at or immediately before the relevant time for assessing the employee's eligibility to take leave, lived with the employee as a member of the employee's household.

"Temporary Employee" means an employee engaged for a specific period or periods longer than one month but less than 12 months.


10. Clause 8. – Inspection of Salary Records: Delete this clause in its entirety and rename title and insert the following in lieu thereof:

8. – TIME AND WAGES RECORD

(1) The requirement to keep employment records, and access to such records is provided for in Section 49D of the Industrial Relations Act 1979 and Sections 44 and 45 of the Minimum Conditions of Employment Act 1993.

(2) Without limiting subsection (1) the employer will keep a record of the following in the premises occupied by the employer from which can be readily ascertained the following:-

(a) The full name and address of the employee.

(b) The age of the employee.

(c) The date of commencement of the employee with the employer.

(d) Each day worked, the hours worked on each day, including starting and finishing work each day, overtime hours worked and meal breaks taken.

(e) The fortnightly salary paid including any overtime to an employee.

(f) The amount of any deductions made from the employee’s salary agreed to in writing by the employee.

(g) The amount of any deductions made for taxation purposes.


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

9. - CONTRACT OF SERVICE

(1) The contract of service will be by the fortnight in the case of clerical and technical employees and by the month in the case of all other employees.

Provided that in the case of casual employees the contract of service will be daily.

(2) (a) For employees whose contract of service is by the fortnight, the contract of service may be terminated by two weeks' notice by either side, given in writing on any day or by the payment or forfeiture of two weeks' salary.

(b) For employees whose contract of service is by the month, the contract of service may be terminated by one month's notice by either side, given in writing on any day or by payment or forfeiture of one month's salary.

(c) The contract of service of a casual employee may be terminated by one day's notice by either side or by payment or forfeiture of one day's salary.

(3) Notwithstanding the provisions of subclause (2) of this clause the employer may at any time, without prior notice, dismiss an employee for serious misconduct.

(4) The provisions of this clause will apply to a temporary employee.

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


12. Clause 10. – Payment of Salaries: Delete this clause in its entirety and insert the following in lieu thereof:

10. - PAYMENT OF SALARIES

(1) Salaries will be paid by cheque, direct transfer or cash at the employer's discretion following consultation with the employees.

(2) (a) (i) Where the employer requires the employee to establish an account for the purpose of receiving his/her salary the employee will pay the costs associated with the establishment and maintenance of such accounts.

(ii) The employer may require such an account to be established at a major bank or building society.

(b) In respect of transfer fees associated with the transfer of funds from the employer's bank to any bank or financial institution, such fees will be paid by the employer.

(3) The hourly rate will be calculated by dividing the fortnightly salary by 80.

(4) Salaries will be paid fortnightly and will be computed by dividing the annual salary rate by 313 and multiplying the result by 12.

(5) Accrued Day's Off will be paid at the ordinary rate of pay, exclusive of penalties, which an employee would normally receive for their class of work.


13. Clause 11. – Higher Duties: Delete this clause in its entirety and insert the following in lieu thereof:

11. - HIGHER DUTIES

(1) An employee who is directed by the employer or a duly authorised senior officer to relieve in a position which is classified higher than the employee's own and who performs the full duties and accepts the full responsibility of the higher position for five consecutive working days or more, will, subject to the provisions of this award, be paid an allowance equal to the difference between the employee's own salary and the salary of the position in which the employee is relieving.

(2) Where the full duties of a higher classified position are not performed, an employee will be paid such proportion of the allowance provided for in subclause (1) as the duties performed bear to the full duties of the higher position. Where such a proportionate allowance is to be paid, however, employees will be advised of the allowance to be paid before commencing the duties of the higher position.

The allowance may be adjusted during the period of higher duties.


14. Clause 12. – Hours: Delete this clause in its entirety and insert the following in lieu thereof:

12. - HOURS

(1) Subject to the provisions of this award, the ordinary working hours (exclusive of meal intervals) will be an average of 38 per week with the hours actually worked being 40 per week to be worked in not more than eight hours per day on Monday to Friday inclusive between the hours of 8.00 a.m. and 5.30 p.m.

Except where provided elsewhere, the ordinary hours will be worked -

(a) With two hours of each week's work accruing as an entitlement to a maximum of 12 accrued days off in each 12 month period. The accrued days off will be taken:

(i) In a minimum period of one week made up of five consecutive accrued days off in conjunction with a period of Annual Leave or at a time mutually acceptable to the employer and employee; or

(ii) As single day absences at a time suitable to the employer and subject to at least two days' notice being given to the employee.

(iii) in periods of one day or less where there is genuine agreement between the employer and employee; or

(b) With 0.4 of an hour per day accruing as an entitlement to take the 20th day in each cycle as an Accrued Day Off in conjunction with other days off.

Provided that an employee who, at the completion of a 20 day work cycle, has not accrued sufficient hours to enable the employee to take a full paid shift off duty, will continue past the 20 day work cycle until sufficient hours have accrued to enable the employee to take a full paid shift off duty.

(2) By agreement between the Union and an employer the ordinary hours of an employee, in lieu of the provisions of subclause (1) hereof, may be worked within a ten day, two week cycle, with an adjustment to hours worked to enable 76 hours to be worked over nine and one half days of the two week cycle and an entitlement to take the other half day in each cycle as an accrued half day off.

(3) An employer and employee may by agreement substitute the Accrued Day Off the employee is to take off for another day in which case the Accrued Day Off will become an ordinary working day.

(4) By agreement between the employer and the employee, in lieu of the provisions of subclauses (1) and (2) hereof, the hours of work may be worked as an actual 38 hour week without accrual of time off.

(5) Notwithstanding the provisions of subclauses (1) and (2) hereof, where, immediately prior to July 1, 1985, an officer's ordinary full time hours of duty were 38 or less per week, then such officer will continue to work those ordinary full time hours without accrual of time off.

(6) Any dispute regarding the method of implementation as prescribed in subclauses (1)-(5) hereof may be referred to the Western Australian Industrial Relations Commission for determination.

(7) The provisions of this clause will apply to a part-time employee in the same proportion as the hours normally worked bear to a full-time employee.

(8) Each meal interval will not be less than one hour's duration unless the employer and the Union agree that a lesser period may be taken.

(9) The lunch interval will be taken between 11.30 a.m. and 2.30 p.m. at a time agreed between the employer and the employee.

(10) An employee will be entitled to one paid break of ten minutes' duration each day, either in the morning or in the afternoon at the discretion of the employer.

Provided that the entitlement will not apply on those occasions where patients' requirements are such that a break cannot reasonably be taken.


15. Clause 13. – Overtime: Delete this clause in its entirety and insert the following in lieu thereof:

13. - OVERTIME

(1) Except as hereinafter provided, all time worked at the direction of the employer outside an employee's ordinary hours will be paid for at the rate of time and one half for the first two hours and double time thereafter. Provided that overtime rates will not apply until after 8 ordinary hours have been worked on each day.

(2) All time worked at the direction of the employer on a Saturday after 12.00 noon or a Sunday will be paid for at the rate of double time.

(3) All time worked at the direction of the employer outside the employee's ordinary working hours prescribed in Clause 12. - Hours on a public holiday will be paid for at the rate of double time and one-half.

(4) In lieu of payment for overtime an employee, on request, will be allowed time off proportionate to the payment to which he is entitled up to a maximum of five days per annum.

Time off will be taken at a time convenient to the employer. If the employer agrees, an employee may take time off in excess of five days per annum.

(5) An employee who is required to work more than two hours overtime on any day will be allowed an unpaid break of at least thirty minutes after the completion of two hours overtime.

(6) (a) For the purposes of this award an employee is on-call when the employee is directed by the employer to remain at such a place as will enable the employer to readily contact the employee during the hours when the employee is not otherwise on duty. In so determining the place at which the employee will remain, the employer may require that place to be within a specified radius from the hospital.

(b) (i) An employee will be paid an hourly allowance equal to 18.75% of 1/40th of the minimum weekly salary rate prescribed from time to time for a Medical Scientist. Provided that payment in accordance with this paragraph will not be made with respect to any period for which payment is otherwise made in accordance with the provisions of this clause when the employee is recalled to work.

(ii) Where the employer supplies the employee with a long-range beeper, the employee will be paid 75% of the rate prescribed in placitum (i) of this paragraph.

(7) The allowances referred to in subclause (6) will be in addition to any salary to which the employee is entitled.

(8) (a) If an employee is recalled to work for any purpose the employee will be paid a minimum of two hours at the appropriate overtime rate but the employee will not be obliged to work for two hours if the work for which the employee was recalled is completed in less time, provided that if an employee is called out within two hours of starting work on a previous call the employee will not be entitled to any further payment for the time worked within that period of two hours.

(b) If an employee is recalled to work they will be provided with transport, free of charge, from the employee’s home to the place of employment and return, or, be paid the car allowance provided in clause 20. - Motor Vehicle Allowance of this Award.

(9) For the purpose of assessing overtime each day will stand alone.


16. Clause 14. – Meal Money: Delete this clause in its entirety and insert the following in lieu thereof:
14. - MEAL MONEY

Where an employee is required to work overtime and such overtime is worked for a period of at least two hours in excess of the required daily hours of work the employee will be provided with a meal free of cost or will be paid the sum of $2.50 as meal money.

This clause will not apply where the employee has been advised of the necessity to work overtime on the previous day or earlier.


17. Clause 15. – Holidays and Annual Leave: Delete this clause in its entirety, rename and insert the following in lieu thereof:

15. – PUBLIC HOLIDAYS AND ANNUAL LEAVE

(1) (a) The following days or the days observed in lieu will, subject as herein after provided, be allowed as holidays without deduction of pay, namely:-

New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day.

Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days referred to in that subclause.

In such cases time and one-half will be paid during ordinary hours worked on any of the above-mentioned holidays.

(b) Where any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday, such holiday will be observed on the next succeeding Monday and where Boxing Day falls on a Sunday or a Monday, such holiday will be observed on the next succeeding Tuesday; in each case the substituted day will be deemed a holiday without deduction of pay in lieu of the day for which it is substituted.

(c) An employee who is instructed to hold themselves on-call in accordance with subclause (6) of clause 13. - Overtime on a day observed as a public holiday during the ordinary working hours will be paid the on-call allowance prescribed by subclause (5) of clause 13. - Overtime. An employee referred to in this subclause will be paid at the rate of double time and one half for work performed during the employee’s ordinary hours prescribed in clause 12. - Hours on that day, or, in lieu, are paid at the rate of time and one half for work performed in ordinary hours as prescribed by clause 12. - Hours of this award and given time off equivalent to the time actually worked, to be taken at a time convenient to the employer.

(2) Except as hereafter provided, a period of four consecutive weeks leave will be allowed to an employee by the employer after each period of twelve months continuous service.

(3) The employee will be paid for any period of annual leave prescribed by this clause, at their ordinary rate of salary at the time of taking such leave.

(4) If any award holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day there will be added to that period one day being an ordinary working day for each such holiday observed.

(5) (a) After one month's continuous service in any qualifying twelve monthly period an employee whose employment terminates will, subject to the provisions of paragraph (b) of this subclause, be paid one-third of a week's pay at their ordinary rate of salary in respect of each completed month of service in that qualifying period.

(b) Where an employee is justifiably dismissed for serious misconduct during any qualifying twelve monthly periods the provisions of paragraph (a) of this subclause do not apply in respect of any completed month of service in that qualifying period.

(6) (a) The annual leave prescribed in subclause (2) of this clause may be split into more than one portion:

(i) Where the twelve Accrued Days Off are taken in conjunction with annual leave, by the employer once per annum provided that no portion is less than two weeks,

(ii) By agreement between the employer and the employee provided that no portion is less than one day. Provided further that the maximum number of single day absences allowable during any twelve month accrual period will be five.

(b) Any dispute arising out of this clause in relation to splitting or not splitting an employee's annual leave entitlement, if not resolved by agreement between the employer, the employee and the Union, will be referred to the Western Australian Industrial Relations Commission for determination.

(7) (a) When an employee proceeds on annual leave, the employee will be paid a loading of 17 1/2 % of their ordinary salary for four weeks at the time of taking such leave.

If an employee takes annual leave in two or more periods the employee will be paid one-twentieth of the loading for each day of leave at the time of taking each period of leave.

(b) The loading prescribed in this subclause will not apply to proportionate annual leave on termination.

(8) (a) The annual leave prescribed by this clause may be given and taken before the completion of twelve months' continuous service as prescribed by subclause (2) of this clause.

(b) If the services 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 will be liable to pay the amount representing the difference between the amount received by the employee 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 moneys due to the employee by reason of the other provisions of this award at the time of termination.

(9) Any time in respect of which an employee is absent from work, except time for which that employee is entitled to claim paid sick leave or the first calendar month of any absence on workers' compensation, or any absence on annual leave, long service leave or compassionate leave, will not count for the purpose of determining annual leave entitlements.

(10) Notwithstanding subclause (2) of this Clause and Clause 23. Part-Time Employees of this award the following may apply:

(a) A full time employee who, during a qualifying period towards an entitlement of annual leave was employed continuously on both a full time and part-time basis may elect to take a lesser period of annual leave calculated by converting the part-time service to equivalent full time service.

(b) A part-time employee may elect to take a lesser period of annual leave calculated by converting any portion of the part-time service to equivalent full time service.


18. Clause 16. – Compassionate Leave: Delete this clause in its entirety, rename and insert the following in lieu thereof:

16. – BEREAVEMENT LEAVE

(1) On the death of a member of an employee’s family or household the employee is entitled to paid bereavement leave of up to 2 working days.

(2) The 2 days need not be consecutive.

(3) If requested by the employer, an employee will provide to the employer evidence that would satisfy a reasonable person as to the death that is the subject of the leave sought, and the relationship of the employee to the deceased person.

(4) Bereavement leave is not to be taken during a period of any other kind of leave, including when an employee is on an Accrued Day Off.

(5) Whilst on bereavement leave the employee will continue to accrue an entitlement to an Accrued Day Off as prescribed by clause 12. – Hours of this Award.


19. Clause 17. – Sick Leave: Delete this clause in its entirety, rename and insert the following in lieu thereof:

17. – LEAVE FOR ILLNESS OR INJURY OR FAMILY CARE

(1) Entitlement to paid leave for illness or injury, or family care
(a) For each year of service an employee, other than a casual employee, is entitled to paid leave under this clause for the number of hours the employee is required to ordinarily work in a 2 week period during that year up to 76 hours.
(b) The entitlement under subclause (a) accrues pro rata on a weekly basis and is cumulative.
(c) An employee, whilst on paid leave under this clause, will continue to accrue an entitlement to an Accrued Day Off as prescribed in subclauses (1) and (2) of clause 12. - Hours.
(2) Use of entitlement to paid leave under this clause
(a) Subject to the evidence requirements of this clause, an employee who is unable to work as a result of illness or injury, is entitled to use any part of the employee’s entitlement under subclause (1) as paid leave for periods of absence from work resulting from the illness of injury (sick leave).
(b) If in a year of service an employee is absent on the ground of illness or injury for a period longer than the employee’s accrued entitlement, payment will 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 leave under this clause.
(c) An employee will be entitled to use up to 76 hours (pro rata for part time employees) of the employee’s entitlement under subclause (1) each year of service to care for a member of the employee’s immediate family or household who requires care or support because of:
(i) an illness of injury; or
(ii) an unexpected emergency;
affecting the member of the employee’s immediate family or household (paid family carer’s leave).
(3) Notice and Evidence Requirements
(a) To be entitled to payment for the leave provided under this clause the employee will, as soon as reasonably practicable, advise the employer of their inability to attend for work, the nature of their illness or injury, and the estimated duration of their absence. Provided that such advice, other than in extraordinary circumstances, will be given to the employer within 24 hours of the commencement of the absence.
(b) To be entitled to payment for the leave provided under this clause the employee will provide to the employer evidence that would satisfy a reasonable person of the entitlement. Provided that:
(i) the employee will not be required to produce evidence that would satisfy a reasonable person of the entitlement with respect to absences of 2 or less days, unless after 2 such absences in any year of service the employer requests in writing that the next and subsequent absences in that year will be accompanied by such evidence; and
(ii) where an employee has had 2 absences on paid leave under this clause adjacent to other days off duty within a period of 12 months the employer may request in writing that any further absences adjacent to days off be accompanied by such evidence.
These requests will remain in force until the employee has completed a continuous period of 12 months without such absence.
(4) Payment
Payment is to be made at the rate the employee would have received, and for the hours the employee would have worked, had the employee not taken the leave. Provided that overtime, penalty rates or any kind of allowance will not be taken into account in determining the rate of payment for the purposes of this clause
(5) Replacement of Paid Annual Leave
(a) Subject to the provisions of this subclause, an employee who suffers illness or injury during the time when the employee is absent on annual leave, on application by the employee the employer will grant paid leave under this clause in place of the paid annual leave.
(b) Application for replacement of paid annual leave by paid leave under this clause will be made within 7 days of resuming work and will only be replaced where the employee was confined to their place of residence or a hospital as a result of illness or injury for a period of 7 consecutive days or more and the employee produces evidence that would satisfy a reasonable person of the confinement.
(c) Provided that the provisions of this subclause do not relieve the employee of the obligation to advise the employer, in accordance with subclause (3)(a) of this clause, if they are unable to attend for work on the working day next following their annual leave.
(d) Replacement of paid annual leave by paid leave under this clause will not:
(i) exceed the period of paid leave to which the employee was entitled at the time the employee proceeded on annual leave; and
(ii) be made with respect to fractions of a day.
(e) Where paid leave under this clause has been granted by the employer in accordance with clauses (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid leave is replaced by the paid leave.
(f) The replaced annual leave may be:
(i) taken at another time that is mutually agreed to by the employer and the employee; or
(ii) failing agreement, will be added to the employee's next period of annual leave; or
(iii) if the employee’s employment is terminated before the leave can be taken, it will be paid out in accordance with the provisions of clause 15 – Public Holidays and Annual Leave.
(g) Payment for replaced annual leave will be at the rate of wage applicable at the time the leave is subsequently taken. Provided that, the annual leave loading prescribed in clause 15 - Holidays and Annual Leave will be deemed to have been paid with respect to the replaced annual leave.
(6) Transmission of Business
Where a business has been transmitted from one employer to another and the employee’s service has been deemed continuous in accordance with the provisions of the Long Service Act 1958 the paid leave standing to the credit of the employee at the date of transmission from service with the transmitter will 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.
(7) Exclusions
(a) The provisions of this clause with respect to payment do not apply to employees:
(i) who are entitled to payment under the Workers' Compensation and Injury Management Act 1981; or
(ii) whose injury or illness is attributable to:
(a) the employee’s own serious and wilful misconduct; or
(b) the employee’s gross and wilful neglect;
in the course of the employee’s employment.
(b) An employee will not be entitled to claim payment for non-attendance on the grounds of illness or injury nor will the employee's paid leave entitlements under this clause be reduced if such illness 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 12 - Hours unless such illness is for a period of 7 consecutive days or more and in all other respects complies with the requirements of subclause (5).
(8) Unpaid Carer’s Leave
(a) Subject to subclause (8)(b) of this clause, an employee, including a casual employee, is entitled to unpaid carer’s leave of up to 2 days for each occasion on which a member of the employee’s immediate family or household requires care or support because of:
(i) an illness or injury; or
(ii) an unexpected emergency;
affecting the member of the employee’s immediate family or household.
(b) An employee is entitled to unpaid carer’s leave under subclause (8)(a) only if the employee cannot take paid carer’s leave under subclause (2)(c) of this clause.
(c) The employee is required to provide to the employer evidence that would satisfy a reasonable person of the entitlement to the leave under this subclause.


20. Clause 18. – Maternity Leave: Delete this clause in its entirety, rename and insert the following in lieu thereof:

18. – PARENTAL LEAVE

(1) Full-time, part-time and eligible casual employees are entitled, after 12 months continuous service with the employer, to 52 weeks unpaid parental leave following the birth or adoption of a child in accordance with the extended provisions of the Fair Work Act 2009 by virtue of sections 741 to 757 and the Minimum Conditions of Employment Act 1993 (WA), whichever provides the more favourable outcome to the employee.

(2) An eligible casual employee is a casual employee who has been employed by the employer on a regular and systematic basis during a period of at least 12 months and who, but for the expected birth or placement of a child would have a reasonable expectation of continuing employment with the employer on a regular and systematic basis.

(3) Where more than one employee applies for parental leave to act as a care giver to the same child, such leave will not be taken at the same time as another family member who wishes to access parental leave. Provided that employees will be entitled to take concurrent leave to a maximum of three weeks.

21. Clause 19. – Long Service Leave: Delete this clause in its entirety and insert the following in lieu thereof:

19. - LONG SERVICE LEAVE

(1) Employees are entitled to Long Service Leave in accordance with the Long Service Leave Act 1958, as amended from time to time, except as provided in subclauses (2) and (3).

(2) When an employee proceeds on Long Service Leave there will be no accrual towards accrued time off as prescribed in subclauses (1) and (2) of clause 12. – Hours, of this Award.

(3) Notwithstanding subclause (1) of this clause and clause 23. – Part-Time Employees of this Award, the following will apply:

(a) A full-time employee who during a qualifying period towards an entitlement of Long Service Leave was employed continuously on both a full-time and part-time basis may elect to take a lesser period of Long Service Leave calculated by converting the part-time service to equivalent full-time service.

(b) A part-time employee may elect to take a lesser period of Long Service Leave calculated by converting any portion of the part-time service to equivalent full-time service.


22. Clause 20. – Motor Vehicle Allowances: Delete this clause in its entirety and insert the following in lieu thereof:

20. - MOTOR VEHICLE ALLOWANCES

(1) Allowance for Employees Required to Supply and Maintain a Vehicle as a Term of Employment:

(a) An employee who is required to supply and maintain a motor vehicle for use when travelling on official business as a term of employment and who is not in receipt of an allowance provided by subclause (5) will be reimbursed monthly in accordance with the appropriate rates set out in subclause (7) for journeys travelled on official business and approved by the employer or an authorised employee.

(b) An employee who is reimbursed under the provisions of subclause (1)(a) will also be subject to the following conditions:-

(i) For the purposes of subclause (1)(a) an employee will be reimbursed with the appropriate rates set out in subclause (7) for the distance travelled from the employee's residence to place of duty and for the return distance travelled from place of duty to residence except on a day where the employee travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day.

(ii) Where an employee, in the course of a journey, travels through two or more separate areas, reimbursement will be made at the appropriate rate applicable to each of the areas traversed as set out in subclause (7).

(iii) Where an employee does not travel in excess of 4000 kilometres in a year an allowance calculated by multiplying the appropriate rate per kilometre by the difference between the actual distance travelled and 4000 kilometres will be paid to the employee provided that where the employee has less than 12 months' qualifying service in the year then the 4000 kilometre distance will be reduced on a pro rata basis and the allowance calculated accordingly.

(iv) Where a part-time employee is eligible for the payment of an allowance under (iii) above such allowance will be calculated on the proportion of total hours worked in that year by the employee to the annual standard hours had the employee been employed on a full-time basis for the year.

(v) An employee who is required to supply and maintain a motor vehicle for use on official business is excused from this obligation in the event of the employee's vehicle being stolen, consumed by fire, or suffering a major and unforeseen mechanical breakdown or accident, in which case all entitlement to reimbursement ceases while the employee is unable to provide the motor vehicle or a replacement.

(vi) The employer may elect to waive the requirement that an employee supply and maintain a motor vehicle for use on official business, but three months' written notice of the intention so to do will be given to the employee concerned.

(2) Allowance for Employees Relieving Employees Subject to subclause (1) of this clause:

(a) An employee not required to supply and maintain a motor vehicle as a term of employment who is required to relieve an employee required to supply and maintain a motor vehicle as a term of employment will be reimbursed all expenses incurred in accordance with the appropriate rates set out in subclause (7) for all journeys travelled on official business and approved by the employer or an authorised employee where the employee is required to use their vehicle on official business whilst carrying out the relief duties.

(b) For the purposes of subclause (2)(a) an employee will be reimbursed all expenses incurred in accordance with the appropriate rates set out in subclause (7) for the distance travelled from the employee's residence to place of duty and the return distance travelled from place of duty to residence except on a day where the employee travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day.

(c) Where an employee in the course of a journey travels through two or more separate areas, reimbursement will be made at the appropriate rate applicable to each of the areas traversed as set out in subclause (7).

(d) For the purposes of this subclause the allowance provided in subclause (1)(b)(iii) and (iv) will not apply.

(3) Allowance for Other Employees Using Vehicle on Official Business:

(a) An employee who is not required to supply and maintain a motor vehicle for use when travelling on official business as a term of employment, but when requested by the employer or an authorised employee, voluntarily consents to use the vehicle and who is not in receipt of an allowance provided by subclause (5) will, for journeys travelled on official business approved by the employer or an authorised employee be reimbursed all expenses incurred in accordance with appropriate rates set out in subclauses (8) and (9).

(b) For the purpose of subclause (3)(a) an employee will not be entitled to reimbursement for any expenses incurred in respect to the distance between the employee's residence and headquarters and the return distance from headquarters to residence.

(c) Where an employee in the course of a journey travels through two or more separate areas, reimbursement will be made at the appropriate rate applicable to each of the areas traversed as set out in subclause (8).

(4) Allowance for Towing Employer's Caravan or Trailer

In the cases where employees are required to tow employer's caravans on official business, the additional rate will be 6.5 cents per kilometre. When an employer's trailer is towed on official business the additional rate will be 3.5 cents per kilometre.

(5) Commuted Allowance:

The employer may authorise a commuted amount for reimbursement of costs for motor vehicles or any other conveyance belonging to an employee.

(6) The employer may increase the rates prescribed by this clause in any case in which it is satisfied that they are inadequate.

(7) Requirement to Supply and Maintain a Motor Vehicle



Rate (cents) per kilometre

Area Details

Engine Displacement (in cubic centimetres)



Over 2600cc

Over1600cc

1600cc





to 2600cc

and under









Metropolitan Area















First 4000 kilometres

149.7

126.6

102.2

Over 4000 up to 8000 kms

61.7

52.7

44.0

Over 8000 up to 16000 kms

32.4

28.1

24.6

Over 16000 kms

34.0

28.8

24.7









South West Land Division















First 4000 kilometres

154.3

130.9

106.4

Over 4000 up to 8000 kms

64.0

54.8

46.0

Over 8000 up to 16000 kms

33.9

29.4

25.8

Over 16000 kms

35.2

29.7

25.5









South Latitude°North of 23.5















First 4000 kilometres

170.9

145.4

118.9

Over 4000 up to 8000 kms

70.3

60.2

50.7

Over 8000 up to 16000 kms

36.7

31.9

28.0

Over 16000 kms

36.3

30.6

26.3









Rest of State















First 4000 kilometres

159.2

134.8

109.2

Over 4000 up to 8000 kms

66.0

56.4

47.2

Over 8000 up to 16000 kms

34.9

30.2

26.5

Over 16000 kms

35.7

30.1

25.9



(8) Voluntary Use of a Motor Vehicle

Metropolitan Area

69.0

58.9

48.9









South West Land Division

71.5

61.1

51.0









South Latitude°North of 23.5

78.7

67.3

56.4









Rest of the State

73.7

62.9

52.4



(9) Voluntary Use of a Motor Cycle

Distance Travelled During a Year on Official Business

Rate

Cents per kilometre



All areas of the State

23.9



(10) In this clause the following expressions will have the following meanings:-

"A year" means twelve months commencing on the first day of July and ending on the thirtieth day of June next following.

"South West Land Division" means the South West Land Division as defined by section 28 of the Land Act, 1933-1971, excluding the area contained within the Metropolitan Area.

"Rest of the State" means that area south of 23.5 degrees south latitude, excluding the Metropolitan Area and the South West Land Division.

"Term of Employment" means a requirement made known to the employee at the time of applying for the position by way of publication in the advertisement for the position, written advice to the employee contained in the offer for the position or oral communication at interview by an interviewing employee and such requirement is accepted by the employee either in writing or orally.


23. Clause 21. – Travelling: Delete this clause in its entirety and insert the following in lieu thereof:

21. - TRAVELLING

All reasonable out of pocket and accommodation expenses and all travelling expenses incurred by an employee in the discharge of the employee’s duties will be paid at least once a month by the employer.


24. Clause 22. – Protective Clothing and Uniforms: Delete this clause in its entirety and insert the following in lieu thereof:

22. - PROTECTIVE CLOTHING AND UNIFORMS

(1) Where an employee is required by the employer and/or the nature of the work requires the wearing of a uniform such uniform will be provided by the employer.

The cost of laundering such uniform or uniforms will be met by the employer, or if the employee agrees, an allowance for laundering may be paid to the employee.

(2) Where an employee is required by the employer and/or the nature of the work requires the wearing of protective clothing, the employer will provide and launder protective clothing at the employer’s own expense.

(3) In the event of a dispute as to the provision or laundering of uniforms or protective clothing, the matter may be referred to the Board of Reference for determination.


25. Clause 23. – Part-Time Employees: Delete this clause in its entirety and insert the following in lieu thereof:

23. - PART-TIME EMPLOYEES

(1) A "part-time employee" means an employee regularly employed to work less hours than prescribed in Clause 12. - Hours of this award and observed by the employer.

(2) When an employee is employed under the provisions of this clause, the employee will be paid at a rate pro-rata to the rate prescribed for the class of work in which the employee is engaged in the proportion to which their weekly hours bear to the weekly hours of an employee engaged full-time on that class of work in the employer's premises.

(3) When an employee is employed under the provisions of this clause, they will be entitled to annual leave, long service leave, holidays and sick leave and any allowances in accordance with the provisions of this Award with payment being in the proportion to which their weekly hours bear to the weekly hours of an employee engaged full-time in that class of work.

(4) A part-time employee may work shifts additional to the rostered shifts at ordinary rates, subject only to the normal rostering parameters of a full-time employee, where the employee has previously indicated a willingness to work extra shifts or where the extra shift was arranged prior to the completion of the employee's previous shift.

Provided that a part-time employee will not be required to work an extra shift.


26. Clause 24. – Temporary Employees: Delete this clause in its entirety and insert the following in lieu thereof:

24. - TEMPORARY EMPLOYEES

A temporary employee will accrue and be paid the benefits prescribed by this award from time worked as if the employee was permanently employed, notwithstanding breaks in employment, and will be entitled to receive or give, as the case may be, one week's notice of termination of the contract of service, and will either be paid or forfeit, as the case may be, one week's pay if the required notice is not given.


27. Clause 25. – Shift Work: Delete this clause in its entirety and insert the following in lieu thereof:
25. - SHIFT WORK

(1) The provisions of this clause will apply to employees engaged on shift work and will nullify any other general provision of the award to the extent that the general provision is expressly contrary to this clause.

(2) (a) The ordinary hours of work may be worked on rostered shifts which provide an average of not more than forty hours per week over each roster period. Such roster may provide that the hours of work need not be worked on five consecutive days and it may provide that ordinary hours can be worked on afternoon or night shift or on a Saturday or a Sunday.

(b) The spread of shift which will mean the period of time between an employee commencing and finishing his ordinary day's work will not exceed ten hours.

(3) For the purposes of this clause:

(i) "Day Shift" will mean a shift which commences after 6.00 a.m. and before mid-day and finishes before 6.00 p.m.

(ii) "Afternoon Shift" will mean a shift which commences at or after mid-day and before 6.00 p.m. and finishes after 6.00 p.m.

(iii) "Night Shift" will mean a shift which commences at or after 6.00 p.m. and before midnight.

(4) (a) A shift employee will be paid the following loadings:-

(i) Twelve and one-half per cent of their daily rate of salary for the afternoon or night shift worked in ordinary hours.

(ii) Fifty per cent of their daily rate of salary for the shift worked on a Saturday or a Sunday in ordinary hours.

(iii) One hundred and 50 per cent of their daily rate of salary for a shift worked on a public holiday in ordinary hours.

Provided that if the employer agrees the employee may be paid a loading of 50 per cent of their daily rate of salary and in addition be allowed to observe the holiday on a day mutually acceptable to the employer and the employee.

(b) The loadings prescribed in subclause (a) hereof will be in addition to the shift employee's ordinary salary as prescribed and the employee will be paid the loading applicable to the majority of the shift.

(5) Time worked by a shift employee outside their ordinary hours will be paid for as overtime in accordance with Clause 13. - Overtime.

(6) If it becomes necessary for a shift employee to work two consecutive shifts occasioned by the absence of another employee, the employee will not be required to attend for duty within 10 hours of ceasing duty on the second shift.

(7) When any of the days observed as a holiday as prescribed in this award fall on a day when a shift employee is rostered off duty and the employee has not been required to work on that day the employee will be paid as if the day was an ordinary working day or if the employer agrees be allowed to take a day's holiday in lieu of the holiday at a time mutually acceptable to the employer and the employee.

(8) A shift employee will be entitled to pro rata payment of the annual leave loading in the same circumstances as other employees covered by this award.

(9) (a) Each shift employee will be supplied by the employer with a copy of the employee shift roster upon commencement on shift work and one copy will be posted in a conspicuous place in the particular work area concerned.

(b) The shift roster will not be altered except in accordance with the provisions of subclause (2) of this clause and no employee will be required to alter the employee’s ordinary rostered hours, except with his consent.

(10) (a) Shift employees who are rostered to work their ordinary hours on Sundays and/or public holidays during a qualifying period of employment for annual leave purposes will be entitled to receive additional annual leave as follows:

(i) If 35 ordinary shifts on such days have been worked - one week.

(ii) If less than 35 ordinary shifts on such days have been worked the employee will be entitled to have one additional day's leave for each seven ordinary shifts so worked, provided that the maximum additional leave will not exceed five working days.

(b) After one month's continuous service in any qualifying twelve monthly period, a shift employee referred to in paragraph (a) hereof, whose employment terminates, will be paid five-twelfths of a week's pay at the employee’s ordinary rate of salary in respect of each completed month of continuous service if the employee’s employment terminates in circumstances other than those referred to in subclause (5)(b) of Clause 15. – Public Holidays and Annual Leave.

(11) (a) When a shift employee, other than a shift employee referred to in subclause (10) hereof, proceeds on annual leave the employee will be paid a loading of either 17 1/2 per cent ordinary salary for four weeks or an amount equivalent to the shift and weekend penalties the employee would have received if the employee had not proceeded on annual leave, whichever amount is the greater.

(b) When a shift employee, referred to in subclause (10) hereof, proceeds on annual leave the employee will be paid a loading of either 20 per cent of the employee’s ordinary salary for five weeks or an amount equal to the shift and weekend penalties the employee would have received if the employee had not proceeded on annual leave, whichever amount is the greater.

(c) The loadings referred to in this subclause will be paid at the time the employee takes their leave and where the employee takes annual leave in two or more periods the employee will be paid one-twentieth of the loading (or one-twenty-fifth of the loading in the case of a shift employee referred to in subclause (10) hereof) for the day of leave taken.


28. Clause 26. – Notices: Delete this clause in its entirety and insert the following in lieu thereof:

26. - NOTICES

Space will be provided in the workers' dining rooms or lunch rooms for the purpose of posting Union notices and a copy of this award.


29. Clause 27. – Non-Reduction: Delete this clause in its entirety and insert the following in lieu thereof:

27. - NON-REDUCTION

Nothing herein contained will enable an employer to reduce the salary of any employee or the conditions of work applied to any employee who at the date of this award was being paid a higher rate of wage than the minimum prescribed in this award or was being accorded a benefit superior to any herein prescribed as a condition of work.


30. Clause 29. – Salaries: Delete this clause in its entirety and insert the following in lieu thereof:

29. - SALARIES

(1) The minimum rates of salaries to be paid to employees covered by this award will be those set out in Schedule A attached to this award. Nothing contained in this award will preclude the payment by way of an allowance an amount in addition to that prescribed for the classification of a position set out in Schedule B of this award.

(2) Transition:

The provisions of this subclause will apply notwithstanding provisions elsewhere in this award.

(a) Interpretation of classifications to salary scale

The classifications set out in Schedule B of the award will be related to the salaries in Schedule A in accordance with the classifications table and grading of employees set out in Schedule B.

(b) Higher Duties

Where an employee was acting in a position classified higher than the employee’s substantive position prior to the introduction of this clause and who continued to act in the same position at the operative date of this clause, the employee will receive higher duties allowance equivalent to the salary that would have been payable to the permanent occupant.

Provided that should the employee cease to act in that higher classified position, the future periods of acting in the same position or other positions classified higher than the employee's substantive classification will be paid a higher duties allowance in accordance with Clause 11. - Higher Duties, of the award.

(c) Incremental Dates

(i) Where an employee is in receipt of a salary that equates to a salary under this clause and the employee is classified at that level, the employee will remain on that salary and retain their current incremental date.

(ii) An employee in receipt of a salary which does not equate to a salary under this clause will be placed on the nearest salary point higher at the date of operation of this clause which will become the employee's new incremental date.

(d) Maintenance of Salary

Where an employee's maximum salary is reduced as a result of the introduction of this agreement, the following will apply:

Employees appointed to a classification or level prior to the date of implementation of this clause, will progress through the salary ranges (as adjusted by general salary movements) applicable to that classification or level irrespective of the level determined by this clause.

(e) Radiographer

Radiographers employed prior to the date of operation of this clause at Level 1 and Senior Radiographer will be placed at the relevant salary points within salary Levels 5/9, 10 and 11 as set out in the following table and will progress thereafter in accordance with the provisions of this clause to the maximum equivalent salary point.

RADIOGRAPHER





CLASSIFICATION

EQUIVALENT SALARY LEVEL





L 1

L 5/9







1st year

Level 5

Point 1

2nd year



Point 2

3rd year

Level 6

Point 2

4th year

Level 7

Point 1

5th year

Level 8

Point 1

6th year



Point 2

7th year

Level 9

Point 1





Senior Radiographer

L 9/11







1st year

Level 9

Point 2

2nd year

Level 10

Point 1

3rd year



Point 2

4th year

Level 11

Point 1



(f) Radiographers (Radioisotope)

Radiographers (Radioisotope) employed prior to the date of operation of this clause at Levels 1 and Senior Radiographer will be placed at the relevant salary points within salary Levels 5/9, 10 and 11 as set out in the following table and will progress thereafter in accordance with the provisions of this clause to the maximum equivalent salary point.

RADIOGRAPHER (RADIOISOTOPE)





CLASSIFICATION

EQUIVALENT SALARY LEVEL











L 1



L 5/9







1st year

Level 5

Point 2

2nd year

Level 6

Point 2

3rd year

Level 7

Point 1

4th year

Level 8

Point 1

5th year



Point 2

6th year

Level 9

Point 1

7th year

Level 9

Point 2







Senior Radiographer

L 10/11









1st year

Level 10

Point 1

2nd year



Point 2

3rd year

Level 11

Point 1


(g) Commitment

It is a term of this award that the union undertakes for the duration of the principles determined by the Commission in Court Session Application No. 1940 of 1989 not to pursue any extra claims, award or over award except when consistent with the State Wage Principle.


31. Clause 30. – Calculation of Penalties: Delete this clause in its entirety and insert the following in lieu thereof:

30. - CALCULATION OF PENALTIES

Where an employee works hours which would entitle that employee to payment of more than one of the penalties payable in accordance with Clause 13. - Overtime, Clause 25. - Shift Work and Clause 15. – Public Holidays and Annual Leave only the highest of any such penalty will be payable.


32. Clause 31. – Effect of 38 Hour Week: Delete this clause in its entirety and insert the following in lieu thereof:

31. - EFFECT OF 38 HOUR WEEK

(1) Termination

(a) An employee subject to the provisions of subclause (1) of Clause 12. - Hours of this award who has not taken any Accrued Days Off accumulated during a work cycle in which employment is terminated, will be paid the total of hours accumulated towards the Accrued Days Off for which payment has not already been made.

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

(2) Workers' Compensation

(a) 20 Day Work Cycle

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

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

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

(b) 12 Months' Work Cycle

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

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

(iii) Where an employee is on workers' compensation for greater than 20 consecutive work days and an Accrued Day Off as prescribed in subclause (1) of Clause 12. - Hours of this award falls within the period the employee will be re-rostered for another Accrued Day Off on completion of the 20 week work cycle following such absence.

(3) Leave Without Pay

An employee who is absent on any form of leave without pay will not accumulate an entitlement to an Accrued Day Off for the period of such leave nor will the employee be entitled to an Accrued Day Off whilst on leave without pay.

(4) Pay Out of Entitlements

An employee whose hours are worked in accordance with Clause 12(1)(a) and who has accrued five Accrued Days Off, or more may by mutual written agreement be paid for any or all Accrued Days Off then standing to the credit of that employee. Such payment will be in full discharge of any liability on the employer arising pursuant to Clause 12. - Hours of this award. An employee will not otherwise be paid for Accrued Days Off without actually taking them as days off.


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

32. - CASUAL EMPLOYEES

(1) A "casual employee" means an employee who is not employed on a regular basis and who is engaged by the employer for a period of not exceeding one month in duration.

(2) Where an Employee is employed under the provisions of this clause, the employee will be paid at a rate pro-rata to the rate prescribed for the class of work on which the employee is engaged in proportion to which the weekly hours bear to 40.

(3) In lieu of entitlements for annual leave, long service leave, holidays and sick leave prescribed in this award, a casual employee will be paid a loading of 25 per cent.

(4) Casual employees will only be employed by mutual agreement between the employer and the union. In the event of no agreement being arrived at the matter may be referred to the Board of Reference for determination.


34. Clause 33. – Enterprise Agreements: Delete this clause in its entirety and insert the following in lieu thereof:

33. - ENTERPRISE AGREEMENTS

(1) (a) Employers and employees covered by this award, may reach agreement to vary any provision of this award to meet the requirements of employer's business and the aspirations of the employees concerned.

(b) Such agreements will be subject to the procedures contained in subclause (2) of this Clause.

(2) (a) The proposed variations will be committed to writing, and will be the subject of negotiation between the persons directly concerned with their effect.

(b) Nothing in this Clause will prevent the employees from seeking advice from, or representation by, the union during such negotiations.

(c) Any agreement reached out of this negotiation process will be committed to writing and, if the union has not been involved in the negotiations, a copy will be sent to the Secretary of the union.

(d) Where the agreement represents the consent of the employer and the majority of the employees concerned, the union will not unreasonably oppose the terms of that agreement.

(3) Prior to the employer and the employees giving effect to the terms of the negotiated agreement, it will be submitted to the Western Australian Industrial Relations Commission for inclusion in the award.


35. Clause 34. – Jobskills/Traineeships: Delete this clause in its entirety, rename and insert the following in lieu thereof:

34. – TRAINEESHIPS

(1) Scope

This clause will apply to employees:

(a) who are undertaking a Traineeship (as defined); and

(b) who are employed in an industry and in a classification covered by this Award.

(2) Definitions

“Appropriate State Legislation” means the Vocational Education and Training Act 1996 or any successor legislation.

“Trainee” is an employee who is undertaking an approved traineeship that leads to a nationally recognised qualification under a training contract.

“Approved Training” means training which is specified in the Trainee Plan which is part of the Training Agreement registered with the State Training Authority. It includes training undertaken both on and off the job, in a Traineeship and will involve formal instruction both theoretical and practical, and supervised practice in accordance with a Traineeship Scheme approved and accredited by the State Training Authority.

“Traineeship” means a system of training which has been approved by the State Training Authority and includes full time traineeships and part-time traineeships including school-based traineeships.

“Traineeship Agreement” means an agreement made subject to the terms of this Award between an employer and the Trainee for a Traineeship and which is registered with the State Training Authority. A traineeship agreement will only operate when made in accordance with the relevant approved Traineeship Scheme.

“Trainee plan” means a programme of training which forms part of a Training Agreement registered with the State Training Authority.

(3) Training Conditions

(a) The Trainees will attend an approved training course or training programme prescribed in the Traineeship Agreement, or as notified to the Trainee by the Training Authority in accredited and relevant Traineeship Schemes.

(b) A Traineeship will not commence until the Traineeship Agreement, made in accordance with the Traineeship Scheme, has been signed by the employer and the Trainee and lodged for registration with the Training Authority, provided that if the Traineeship Agreement is not in a standard format, a Traineeship will not commence until the Traineeship Agreement has been registered with the Training Authority. The employer will permit the Trainee to attend the training course or programme provided for in the Traineeship Agreement and will ensure the Trainee receives the appropriate on the job training.

(c) The employer will provide an appropriate level of supervision in accordance with the Traineeship Agreement during the traineeship period.

(d) The overall training programme will be monitored by officers of the Training Authority and training records will be provided, if required to be utilised as part of this monitoring process.

(4) Employment Conditions

(a) The Trainee will be engaged in addition to existing staff levels. Positions normally held by permanent employees will not be filled by the Trainee.

(b) The Trainee will be engaged for a maximum period of up to one years as a full-time employee, provided that a Trainee will be subject to a satisfactory probation period of one month which may be reduced at the discretion of the employer.

(c) The Trainee is permitted to be absent from work without loss of continuity of employment and/or wages to attend the off-the-job training in accordance with the training plan.

(d) Overtime and shiftwork will not be worked by the Trainee except to enable the requirements of the training plan to be effected. When overtime and shiftwork are worked the relevant penalties and allowances of the applicable award, based on the trainee wage, will apply.

(e) The Trainee will not work overtime or shiftwork alone.

(f) The Union will be given reasonable access to the Trainee in accordance with Clause 6. - Right of Entry of this Award.

(5) Wages:

The weekly wages payable to Trainees will be in line with the General Order (the State Wage Case Order) for the purposes of the Minimum Conditions of Employment Act 1993 as varied from time to time. It is the rate for all purposes of the award/industrial agreement and takes account of the extent of training provided.

(6) No Precedent

The provisions of this clause represent a compromise on the part of all parties and will not be used as a precedent in proceedings before industrial tribunals.

(7) Reservation

The parties to this award reserve the right to seek a variation or revocation of this clause if circumstances develop in the operation of the Trainee plan which adversely affects their interests to the extent that the variation or revocation is warranted.


36. Clause 35. – Resolution of Disputes Requirement: Insert this clause in its entirety:

35. – RESOLUTION OF DISPUTES REQUIREMENT

(1) Subject to the provisions of the Industrial Relations Act 1979, the following procedures will apply in connection with questions, disputes or difficulties arising under this award.

(a) The persons directly involved, or representatives of person/s directly involved, will discuss the question, dispute or difficulty as soon as is practicable.

(b) If these discussions do not result in a settlement, the question, dispute or difficulty will be referred to senior management for further discussion. Discussions at this level will take place as soon as practicable.

(c) The terms of any agreed settlement should be jointly recorded.

(d) Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission.

(2) Nothing in this clause will be read so as to exclude an organisation party to or bound by the award from representing its members.


37. Schedule B – Minimum Salaries: Delete this clause in its entirety and insert the following in lieu thereof:

SCHEDULE B
MINIMUM SALARIES

(1) The minimum rates of salaries to be paid to employees covered by this award will be set out hereunder.

(2) Minimum Salaries:

LEVEL

CURRENT

ASNA

NEW

Level 1 1st year of service

21006

12921

33927

2nd year of service

21396

12921

34317

3rd year of service

21795

12921

34716









Level 2 1st year of service

22117

12921

35038

2nd year of service

22771

12921

35692

3rd year of service

23421

12921

36342

4th year of service

24069

13026

37095









Level 3

24720

13026

37746



25371

13026

38397



26120

12922

39042









Level 4

26638

12922

39560



27403

12922

40325









Level 5

28307

12922

41229



29010

12922

41932









Level 6

29749

12922

42671



30928

12922

43850









Level 7

31545

12922

44467



32470

12922

45392









Level 8

33421

12922

46343



34772

12817

47589









Level 9

35476

12817

48293



36443

12817

49260









Level 10

37438

12713

50151



38462

12713

51175









Level 11

40434

12713

53147



41898

12713

54611









Level 12

43978

12713

56691









Level 13

45091

12713

57804



46501

12713

59214









Level 14

47962

12713

60675









Level 15

50097

12713

62810



51847

12713

64560









A1

54027

12713

66740

2

56202

12713

68915

3

58354

12713

71067

4

60530

12713

73243

5

64189

12713

76902

6

66839

12713

79552

7

69494

12713

82207

8

72493

12713

85206

9

75675

12713

88388











(a) An employee, who is 21 years of age or older on appointment to a classification equivalent to Level 1, may be appointed to the minimum rate of pay based on years of service, not on age.

(b) Annual increments will be subject to the employee's satisfactory performance over the preceding twelve months.

(c) Any dispute in relation to the payment of an annual increment will be referred to the Western Australian Industrial Relations Commission for determination.

(d) Employees who are appointed to Level 1, Level 2, or Level 3, and are under 21 years of age, salaries will be calculated using the following percentages of the first year of service rate for the Level the employee is appointed to:

Under 17 years of age

54%

17 years of age

64%

18 years of age

74%

19 years of age

86%

20 years of age

97%



Notwithstanding this provision, the employer can appoint an employee to the first year of service rate or higher.

(3) Salaries - Specified Callings and Other Professionals

(a) Employees who are employed in the calling of Medical Scientist, Scientific Officer, Dietician, Occupational Therapist, Physiotherapist, Social Worker, Speech Pathologist or any other professional calling as agreed between the Union and employer, will be entitled to Annual Salaries as follows:

LEVEL

CURRENT

ASNA

NEW

Level 5/10

28307

12922

41229



29749

12922

42671



31545

12922

44467



33421

12922

46343



36443

12817

49260



38462

12713

51175









Level 11/12


40434


12713


53147




41898

12713

54611



43978

12713

56691









Level 13/14

45091

12713

57804



46501

12713

59214



47962

12713

60675









Level 15

50097

12713

62810



51847

12713

64560









A1

54027

12713

66740

2

56202

12713

68915

3

58354

12713

71067

4

60530

12713

73243

5

64189

12713

76902

6

66839

12713

79552

7

69494

12713

82207

8

72493

12713

85206

9

75675

12713

88388


(b) Subject to subclause (d) of this clause, on appointment or promotion to the Level 5/10 under this clause:

(i) Employees, who have completed an approved three academic year tertiary qualification, relevant to their calling, will commence at the first year increment.

(ii) Employees, who have completed an approved four academic year tertiary qualification, relevant to their calling, will commence at the second year increment.

(iii) Employees, who have completed an approved Masters or PhD Degree, relevant to their calling, will commence on the third year increment.

Provided that employees who attain a higher tertiary level qualification after appointment will not be entitled to any advanced progression through the range.

(c) The employer and union will be responsible for determining the relevant acceptable qualifications for appointment for the callings covered by this clause and will maintain a manual setting out such qualifications.

(d) The employer, in allocating levels pursuant to clause (3) of this schedule may determine a commencing salary above Level 5/10 for a particular calling/s.

(e) Annual increments will be subject to the employee's satisfactory performance over the preceding twelve months.

(f) Any dispute in relation to the payment of an annual increment will be referred to the Western Australian Industrial Relations Commission for determination.

(4) 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.


38. Schedule C – Classification and Grading of Employees: Delete this clause in its entirety and insert the following in lieu thereof:

SCHEDULE C
CLASSIFICATION AND GRADING OF EMPLOYEES

LEVEL CLASSIFICATION

1 Clerical Assistants

2 Machine Operators, Typists, Data Processing Operators, Technical Assistants

2/3 Laboratory Assistants, Clerks

3 Senior Machine Operators, Chief Administrative Officers, Secretary, Storekeeper, Theatre Technicians

4 Theatre Technicians, Senior Theatre Technicians

4/5 Cytotechnicians (without Diploma)

4/7 Laboratory Technicians, Cytotechnicians (Diploma)

5/9 Radiographers, Radiographers (Radioisotopes)

9/11 Senior Radiographers, Senior Radiographer (Radioisotopes)

5/10 Medical Scientist, Pharmacist, Biochemist, Dietician, Physiotherapist, Occupational Therapist, Scientific Officer, Physicist, Speech Pathologist, Engineer, Bioengineer, Librarian, Medical Social Workers

11/12 Radiographers in charge, Senior Medical Scientist, Pharmacist, Biochemist, Dietician, Physiotherapist, Scientific Officer, Physicist and Speech Pathologist, Senior Engineer, Senior Bioengineer

13/14 Medical Scientist, Pharmacist in Charge


39. Schedule D – Respondents: Delete this clause in its entirety and insert the following in lieu thereof:

SCHEDULE D
RESPONDENTS

Waikiki Private Hospital
221 Wilmott Drive
WAIKIKI WA 6169


40. Schedule E – Ramsey Health Care Pty Ltd Hollywood Private Hospital Provisions: Delete this clause in its entirety.


41. Appendix – S.49B – Inspection of Record Requirements: Delete this clause in its entirety (refer clause 8).