CRISIS ASSISTANCE, SUPPORTED HOUSING INDUSTRY - WESTERN AUSTRALIAN INTERIM AWARD 2011

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees

APPLICANT

-v-

Aboriginal Alcohol and Drug Service (AADS) (Inc) AnD others

RESPONDENTS

CORAM Chief Commissioner A R Beech

 Commissioner S J Kenner

 Commissioner J L Harrison

DATE THURsday, 29 August 2013

FILE NO/S APPL 77 OF 2012

CITATION NO. 2013 WAIRC 00775

Result Award varied

Representation Ms K Davis, Western Australian Municipal, Administrative, Clerical and Services Union of Employees

 Ms J Lorca, South West Refuge Inc

 Ms I Cattalini, Western Australian Council of Social Services Inc

 Mr S Bibby (as agent), for Community Employers WA

Order

HAVING heard Ms K Davis on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Ms J Lorca on behalf of South West Refuge Inc, Ms I Cattalini on behalf of Western Australian Council of Social Services Inc, and Mr S Bibby (as agent), for Community Employers WA, and by consent, the Commission in Court Session, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA) hereby orders:

1 THAT the Crisis Assistance, Supported Housing Industry – Western Australian Interim Award 2011 be varied in accordance with the following Schedule and that such variation shall have effect from the first pay period on or after the 29th day of August 2013.

2. The monetary obligations imposed on employers by this Order may be absorbed into over award payments.  Nothing in this Order requires an employer to maintain any over award payment.

Chief Commissioner A R Beech

FOR AND ON BEHALF OF THE Commission IN COURT SESSION

SCHEDULE

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

2 ARRANGEMENT

This Award is arranged as follows:

PART 1 – Application and operation of this award

1 AWARD TITLE

2 ARRANGEMENT

3 COMMENCEMENT DATE AND PERIOD OF OPERATION

4 AREA & SCOPE

5 POSTING OF AWARD

5A MINIMUM ADULT AWARD WAGE

PART 2 – Award Flexibility

6 ENTERPRISE FLEXIBILITY

7 WORK ORGANISATION

PART 3 – Dispute Resolution

8 PROCEDURE TO AVOID INDUSTRIAL DISPUTATION

PART 4 – Employment Arrangements

9 EMPLOYMENT CATEGORIES

10 NOTICE OF TERMINATION

11 REDUNDANCY

PART 5 – Classifications, wages, allowances and superannuation

12 CALCULATION OF CONTINUOUS SERVICE

13 CLASSIFICATIONS AND SALARY RATES

14 SUPPORTED WAGE SYSTEM

15 HIGHER DUTIES

16 PAYMENT OF SALARIES

17 ALLOWANCES

18 SUPERANNUATION

PART 6 – Hours of work, breaks and overtime

19 HOURS

20 BREAKS

21 OVERTIME

22 SHIFT WORK

PART 7 – Leave and public holidays

23 ANNUAL LEAVE

24 PERSONAL LEAVE

25 BEREAVEMENT LEAVE

26 PARENTAL LEAVE

27 LONG SERVICE LEAVE

28 JURY SERVICE

29 PUBLIC HOLIDAYS

30 ABORIGINAL AND TORRES STRAIT ISLANDER CEREMONIAL LEAVE

31 NAMED PARTIES TO THE AWARD

32 LIBERTY TO APPLY

SCHEDULE 1 - EQUAL REMUNERATION PAYMENT

2. Clause 13 – CLASSIFICATIONS AND SALARY RATES:  Immediately following subclause 13.1(5) of this clause insert a new subclause as per the following:

(6) NOTE: An Equal Remuneration Order applies to the employees under this Award, see Schedule 1 for the required Equal Remuneration Payments.

3. Immediately following Clause 32 – LIBERTY TO APPLY, insert a new Schedule as per the following:

Schedule 1 – Equal Remuneration Payment

1. Transitional rates

1.1 The employer must pay minimum rates of salary in accordance with clause 13 of this Award.

1.2 The employer must apply any increase in minimum rates of salary in this Award to the amounts in clause 1.1 of this Schedule.

1.3 In addition to the minimum rates of salary referred to in clause 1.1 of this Schedule, the employer must pay an employee a Transitional Equal Remuneration Payment as follows:

(a) From the first full pay period on or after 29 August 2013 until the final pay period immediately before 1 December 2013, a payment equal to the difference between the Final Rate in clause 2.2 of this Schedule and the minimum rates of salary in clause 1.1 of this Schedule, as increased from time to time, for the relevant classification in the Award, divided by nine.

(b) Employers who are unable to make the payments required under 1.3(a) immediately must ensure that equal remuneration payments due from 29 August 2013 to 1 December 2013  are paid in full to employees by the first pay period in December 2013. Such payments may be made in lump sum or instalments. All equal remuneration payments due from the first pay period on or after 1 December 2013 must be paid in the pay period they fall due.

(c) From the first full pay period on or after 1 December 2013 until the final pay period immediately before 1 December 2014, a payment equal to the difference between the Final Rate in clause 2.2 of this Schedule and the minimum rates of salary in clause 1.1 of this Schedule, as increased from time to time, for the relevant classification in the Award, divided by nine then multiplied by two.

(d) From the first full pay period on or after 1 December 2014 until the final pay period immediately before 1 December 2015, a payment equal to the difference between the Final Rate in clause 2.2 of this Schedule and the minimum rates of salary in clause 1.1 of this Schedule, as increased from time to time, for the relevant classification in the Award, divided by nine then multiplied by three.

(e) From the first full pay period on or after 1 December 2015 until the final pay period immediately before 1 December 2016, a payment equal to the difference between the Final Rate in clause 2.2 of this Schedule and the minimum rates of salary in clause 1.1 of this Schedule, as increased from time to time, for the relevant classification in the Award, divided by nine then multiplied by four.

(f) From the first full pay period on or after 1 December 2016 until the final pay period immediately before 1 December 2017, a payment equal to the difference between the Final Rate in clause 2.2 of this Schedule and the minimum rates of salary in clause 1.1 of this Schedule, as increased from time to time, for the relevant classification in the Award, divided by nine then multiplied by five.

(g) From the first full pay period on or after 1 December 2017 until the final pay period immediately before 1 December 2018, a payment equal to the difference between the Final Rate in clause 2.2 of this Schedule and the minimum rates of salary in clause 1.1 of this Schedule, as increased from time to time, for the relevant classification in the Award, divided by nine then multiplied by six.

(h) From the first full pay period on or after 1 December 2018 until the final pay period immediately before 1 December 2019, a payment equal to the difference between the Final Rate in clause 2.2 of this Schedule and the minimum rates of salary in clause 1.1 of this Schedule, as increased from time to time, for the relevant classification in the Award, divided by nine then multiplied by seven.

(i) From the first full pay period on or after 1 December 2019 until the final pay period immediately before 1 December 2020, a payment equal to the difference between the Final Rate in clause 2.2 of this Schedule and the minimum rates of salary in clause 1.1 of this Schedule, as increased from time to time, for the relevant classification in the Award, divided by nine then multiplied by eight.

1.4 The payments in clauses 1.1 and 1.3 of this Schedule shall be regarded as part of the ordinary rate of pay for all purposes.

1.5 Clauses 1.1 to 1.3 of this Schedule cease to apply to an employer immediately before the beginning of the first full pay period on or after 1 December 2020.

2. Final Rates

2.1 The payments in clause 2.2 of this Schedule shall be referred to as the “Final Rate”.

2.2 From the first full pay period on or after 1 December 2020, the employer must pay an employee:

(a) the minimum rate of salary in accordance with clause 13 of this Award, and

(b) a Final Equal Remuneration Payment equal to the following percentage of the applicable minimum rate of salary in the Award:

2.3 The Final Rate in clause 2.2 of this Schedule is equal to the following percentage of the applicable minimum rate of salary in this Award:

2.4 The payments in clause 2.2 of this Schedule shall be regarded as part of the ordinary rate of pay for all purposes.