SOCIAL AND COMMUNITY SERVICES (WESTERN AUSTRALIA) INTERIM AWARD 2011

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

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

APPLICANT

-v-

Marra Worra Worra Aboriginal Corporation 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 78 OF 2012

CITATION NO. 2013 WAIRC 00776

Result Award varied

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

 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 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 Social and Community Services (Western Australia) Interim Award 2011 be varied in accordance with the following schedule and that such variations 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

PART 1 – Application and Operation of this Award

1. Award Title

2. Arrangement

3. Commencement Date and Period of Operation

4. Area and Scope

5. Minimum Adult Award Wage

6. Posting of Award

PART 2 – Award Flexibility

7. Enterprise Flexibility

8. Work Organisation

PART 3 – Dispute Resolution

9. Procedure to Avoid Industrial Disputation

PART 4 – Employment Arrangements

10. Employment Categories

11. Notice of Termination

12. Redundancy

PART 5 – Classifications, Wages, Allowances and Superannuation

13. Calculation of Continuous Service

14. Classifications and Salary

15. Supported Wage System

16. Higher Duties

17. Payment of Salaries

18. Allowances

19. Superannuation

PART 6 – Hours of Work, Breaks and Overtime

20. Hours

21. Breaks

22. Overtime

23. Shift Work

PART 7 – Leave and Public Holidays

24. Annual Leave

25. Personal Leave

26. Bereavement Leave

27. Parental Leave

28. Long Service Leave

29. Jury Service

30. Public Holidays

31. Liberty to Apply

32. Named Parties to Award

33. Named Respondents to this Award

SCHEDULE 1 - EQUAL REMUNERATION PAYMENT

2. Clause 14 – Classifications and Salary:  Immediately following subclause 14.1.3 of this clause insert a new subclause as per the following:

14.1.4 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 33 – Named Respondents to this Award, 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 14 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 14 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.