CHILDREN'S SERVICES (GOVERNMENT) AWARD 1989

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES United Voice WA

APPLICANT

-v-

Minister for Community Services, Hon. Minister for Health, Hon. Minister for Education

RESPONDENTS

CORAM Commissioner S M Mayman

DATE monday, 27 May 2013

FILE NO/S APPL 20 OF 2013

CITATION NO. 2013 WAIRC 00319

Result Award varied

Representation

Applicant Mr S Dane

Respondent Ms N Arys

Order

HAVING heard Mr S Dane, for United Voice WA, as applicant and Ms N Arys, as agent for the Minister for Community Services and others; and by consent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders:

THAT the Children's Services (Government) Award 1989 be varied in accordance with the following schedule and that such variations shall have effect from the first pay period on or after the 27th day of May 2013.

Commissioner S M Mayman

SCHEDULE

1. Clause 5- Definitions: Delete clause 5 and replace with the following in lieu thereof:

5. – DEFINITIONS

(1) "Casual employee" shall mean an employee on an hourly contract of employment who is regularly employed for less than four weeks.

(2) "College" shall mean a Technical and Further Education College or a Community College pursuant to the Colleges Act, 1978.

(3) "Part time employee" shall mean an employee who is regularly employed for less hours than that prescribed in Clause 7. - Hours of Work of this Award.

(4) "Union" shall mean United Voice WA.

(5) "Term of semester vacation" shall mean the vacation period generally observed by TAFE or Community Colleges as appropriate.

(6) "Contact – Employee" shall mean an employee who predominantly spends their working hours in immediate contact with the centres children.

(7) "Child Care Support Employee" shall mean an untrained ancillary employee who is employed to undertake cooking duties.

(8) ''Child Care Giver" an employee at this level shall be an unqualified employee working under routine supervision, engaged to assist in the supervision and care of children and generally to assist in the functioning of the centre.

(9) "Qualified Child Care Giver" shall mean an employee who holds the qualification of Associate Diploma Social Science (Child Care) or an approved equivalent qualification which is recognised and approved by the Child Care Services Board authorising the employee to be in charge of children 0·6 years and who is so appointed. Qualified Child Care Giver shall also include persons who do not hold approved qualifications but who have obtained an exemption from the Child Care Services Board to work at this level and who are so appointed.

(10) "Senior Qualified Child Care Giver" shall mean a Qualified Child Care Giver appointed to carry out administrative duties in addition to the normal duties of a Qualified Child Care Giver. An employee at this level shall hold qualifications as defined for Qualified Child Care Giver and shall be responsible for the overall implementation and coordination of programme(s).

2. Clause 10- Overtime: Delete subclause (4)(a) and replace with the following

(4) (a) An employee required to work continuous overtime for more than one hour shall be supplied with a meal by the employer or be paid $12.20 for a meal, and if, owing to the amount of overtime worked, a second or subsequent meal is required he/she shall be supplied with each meal by the employer or be paid $7.15 for each meal so required.

3. Clause 12 - Annual Leave: Delete subclause (1) and then and replace with the following in lieu thereof:

(1) (a) Except as hereinafter provided, a period of four consecutive weeks' leave with payment of ordinary wages as prescribed in subclause (2) of this clause shall be allowed annually to an employee by his/her employer after a period of 12 months' continuous service with that employer.  The leave will normally be taken during the term or semester vacation by employees of a College.

(b)  Notwithstanding subclause 12(1)(a) annual leave may be taken in more than one period of leave, by mutual agreement between the employer and employee.

4. Schedule A - Named Union Party: Change the named union party to:

 United Voice WA