HOSPITAL WORKERS (GOVERNMENT) AWARD NO. 21 OF 1966

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES United Voice WA

APPLICANT

-v-

The Minister for Health in his Incorporated capacity under s.7 of the Hospitals and health Services Act 1927 (WA) as the Hospitals formerly comprised in the Metropolitan Health Services Board, the Peel Health Services Board and the WA Country Health Services Board, Hon. Minister for Health, The Board of Management Sir Charles Gairdner Hospital and others

RESPONDENTS

CORAM Chief Commissioner P E Scott

DATE Friday, 23 March 2018

FILE NO/S APPL 11A OF 2018

CITATION NO. 2018 WAIRC 00203

Result Award varied

Representation (by written correspondence)

Applicant Ms N Kefford of counsel

Respondents Mr B Chapman of counsel

Order

1. This is an application pursuant to s 40 of the Industrial Relations Act 1979 for variation of allowances in the Hospital Workers (Government) Award No. 21 of 1966 referred to the Commission on 25 January 2018.

2. The applicant and the employers agree that the allowances ought to be increased and that the increases are in accordance with Principles 4 and 6 of the Statement of Principles – July 2017 ([2017] WAIRC 00355; (2017) 97 WAIG 714).  The parties have also requested that the Commission deal with the proposed variations on the papers.

3. The Commission is of the opinion that it is appropriate for this application to be dealt with on the papers.

4. The Commission is satisfied that the proposed increases in allowances are consistent with the current Statement of Principles, and hereby orders –

THAT the Hospital Workers (Government) Award No. 21 of 1966 be varied in accordance with the following Schedule and that such variations shall have effect from the beginning of the first pay period commencing on or after the 23 March 2018.

Chief Commissioner P E Scott

SCHEDULE

1. Clause 15. – Overtime:  Delete subclause (4) of this clause and insert the following in lieu thereof:

(4) 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 shall be provided with a meal free of cost, or shall be paid the sum of $11.20 as meal money.

2. Clause 16. – Shift Work:  Delete subclauses (1) and (2) of this clause and insert the following in lieu thereof:

(1) Subject to subclause (2) of this clause, a loading of $3.03 per hour or pro rata for part thereof shall be paid for time worked on afternoon or night shift as defined hereunder:

(2) A loading of $4.58 per hour or pro rata for part thereof shall be paid for time worked on permanent afternoon or night shift.

3. Clause 17. – Weekend Work:  Delete subclauses (1) and (2) of this clause and insert the following in lieu thereof:

(1) In addition to the ordinary rate of wage prescribed by this award an employee shall be paid a loading of $12.24 per hour or pro rata for part thereof for ordinary hours worked between midnight on Friday and midnight on Saturday.

(2) In addition to the ordinary rate of wage prescribed by this award an employee shall be paid a loading of $24.43 per hour or pro rata for part thereof for ordinary hours worked between midnight on Saturday and midnight on Sunday.

4. Clause 19. – Allowances and Special Provisions:  Delete this clause and insert the following in lieu thereof:

19.- ALLOWANCES AND SPECIAL PROVISIONS

In addition to the rates prescribed in Clause 39. - Wages of this award, the following allowances shall be paid:

(1) (a) Employees handling foul linen in the course of their duties shall be paid $1.33 per hour or any part thereof, to a maximum of $4.20 per day.

(b) Employees handling materials such as carpet tiles, curtains, sealed bags or fabrics, which have become soiled in the same manner as foul linen as defined in Clause 5. - Definitions, shall be paid an allowance according to subclause (1)(a) of this clause.

(2) Orderlies employed on boiler firing duties - $2.75 per day.

(3) Orderlies required to handle a cadaver - $2.38 per hour with a minimum payment of one hour.

(4) Orderlies - Sir Charles Gairdner Hospital, sterilising sputum mugs - $2.75 per day.

(5) (a) A storeman required to operate a ride-on power operated tow motor, a ride-on power operated pallet truck or a walk-beside power operated high lift stacker in the performance of his/her duties shall be paid an additional 61 cents per hour whilst so engaged.

(b) A storeman required to operate a ride-on power operated fork lift, high lift stacker or high lift stock picker or a power operated overhead traversing hoist in the performance of his/her duties shall be paid an additional 79 cents per hour whilst so engaged.

(6) A Food Service Attendant who is required to reconstitute frozen food and/or reheat chilled food, in addition to or in substitution of their normal duties, shall be paid an allowance of 99 cents per hour or part thereof whilst so engaged.

5. Clause 21. – Public Holidays:  Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) Any employee who is required to work on a day observed as a public holiday shall be paid a loading of $36.80 per hour or pro rata for part thereof in addition to his/her ordinary rate of wage or if the employer agrees be paid a loading of $12.24 per hour or pro rata for part thereof in addition to his/her ordinary rate of wage and be entitled to observe the holiday on a day mutually acceptable to the employer and employee.

6. Clause 22. – Public Holidays – Graylands and Selby Lodge/Lemnos Hospitals:  Delete subclause (3)(c) of this clause and insert the following in lieu thereof:

(c) Any employee who is required to work on the day observed as a holiday as prescribed in this clause in his/her normal hours work or ordinary hours in the case of a rostered employee shall be paid a loading of $12.24 per hour or pro rata for part thereof and be entitled to observe the holiday on a day mutually acceptable to the employer and the employee.

Provided that in any specified 12 monthly period, after an employee has accumulated five days in lieu of public holidays, by agreement between the employee and the employer, the employee may be paid for work performed on a day observed as a holiday as prescribed in this clause a loading of $36.80 per hour or pro rata for part thereof in addition to his/her ordinary rate of wage in lieu of the foregoing provisions of this subclause.

7. Clause 28. – Uniforms:  Delete subclause (8)(d) of this clause and insert the following in lieu thereof: 

(d) All washable clothing forming part of the uniforms supplied by the employer shall be laundered free of cost to the employee.  Provided that in lieu of such free laundering the employer may pay the employee $2.50 per week to partly cover the cost of same.

8. Clause 39. – Wages:  Delete subclause (4)(b) of this clause and insert the following in lieu thereof:

(b) Except where this clause specifies classifications which require the employee to be in charge of other employees, any employee who is placed in charge of:

(i) not less than three and not more than ten other employees shall be paid $28.60 per week in addition to the ordinary wage prescribed by this clause;

(ii) more than 10 and not more than twenty other employees shall be paid $42.50 per week in addition to the ordinary wage prescribed by this clause;

(iii) more than 20 other employees shall be paid $56.80 per week in addition to the ordinary wage prescribed by this clause.