2025 WAIRC 00159
REVIEW OF THE CATERING EMPLOYEES AND TEA ATTENDANTS (GOVERNMENT) AWARD 1982 PURSUANT TO S 40B OF THE INDUSTRIAL RELATIONS ACT 1979 (WA)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

CITATION : 2025 WAIRC 00159

CORAM
: SENIOR COMMISSIONER R COSENTINO

HEARD
:
TUESDAY, 11 MARCH 2025

DELIVERED : WEDNESDAY, 12 MARCH 2025

FILE NO. : APPL 41 OF 2023

BETWEEN
:
COMMISSION'S OWN MOTION
Applicant

AND

(NOT APPLICABLE)
Respondent

CatchWords : Industrial Law (WA) – Commission’s own motion – Section 40B(1) of the Industrial Relations Act 1979 (WA) – Award variation – Catering Employees and Tea Attendants (Government) Award – To ensure award does not contain wages that are less than statutory minimum wages – Removal of obsolete, out of date and discriminatory provisions – Variations to ensure award facilitates efficient organisation and performance of work balanced with fairness – Award varied
Legislation : Equal Opportunity Act 1984 (WA)
Fair Work Act 2009 (Cth)
Industrial Arbitration Act 1979 (WA)
Industrial Relations Legislation Amendment and Repeal Act 1995 (WA)
Labour Relations Reform Act 2002 (WA)
Industrial Relations Act 1979 (WA)
Minimum Conditions of Employment Act 1993 (WA)
Public and Bank Holidays Act 1972 (WA)
Public Sector Management Act 1994 (WA)
Result : Award varied
Representation
Ms C Fuentes Beltran and Ms A Dyer on behalf of the named employer respondents to the Award
Ms E Orman on behalf of the United Workers Union (WA)

Case(s) referred to in reasons:
Commission’s Own Motion v (Not Applicable) [2024] WAIRC 00013


Reasons for Decision
1 The Western Australian Industrial Relations Commission of its own motion, initiated this matter for variation of the Catering Employees and Tea Attendants (Government) Award 1982 under s 40B of the Industrial Relations Act 1979 (WA) (IR Act). Section 40B allows the Commission to vary an award for any one or more of the following purposes:
(a) to ensure that the award does not contain wages that are less than the minimum award wage as ordered by the Commission under s 50A;
(b) to ensure that the award does not contain conditions of employment that are less favourable than those provided by the Minimum Conditions of Employment Act 1993 (WA) (MCE Act);
(c) to ensure that the award does not contain provisions that discriminate against an employee on any ground on which discrimination in work is unlawful under the Equal Opportunity Act 1984 (WA);
(d) to ensure that the award does not contain provisions that are obsolete or need updating; and
(e) to ensure that the award is consistent with the facilitation of the efficient organisation and performance of work according to the needs of an industry and enterprises within it, balanced with fairness to the employees in the industry and enterprises.
2 Many of the Award’s provisions were outdated or obsolete, or were less favourable than the MCE Act.
3 The Commission provided notice of its intention to vary the Award to UnionsWA, the Chamber of Commerce and Industry WA, the Australian Resources and Energy Employers Association, the Minister for Industrial Relations, the public sector employer parties to the Award and the United Workers Union (WA) as the union party to the Award.
4 The Commission then sought input from interested parties about the issues with the Award, and the appropriate revisions to address them. The Government Sector Labour Relations Division of the Department of Energy, Mines, Industry Regulation and Safety represented the employers who are parties to the Award.
5 The Department and the Union participated in a conference convened by the Commission to work through variations to the Award. The Department and the Union reached a consensus in relation to the proposed variations.
6 Following publication of the notice of proposed variations to the Award, pursuant to s 40B(2) of the IR Act, a hearing was convened on 11 March 2025 for the purpose of affording interested persons an opportunity to be heard in relation to those proposed variations.
7 The Department and the Union both confirmed the parties’ support for the proposed variations with some minor further variations for accuracy and to align with the most recent amendments to the MCE Act.
8 Accordingly I have determined that it is appropriate to vary the Award in accordance with the Schedule to these reasons.
9 In the following paragraphs, I set out briefly the rationale for the variations contained in the Schedule.
Clause 1 – Title
10 The year of the Award has been removed from its title consistent with contemporary practice.
Clause 2 – Arrangement
11 Like clauses have been grouped together under functional headings in a standard arrangements clause.
Clause 4 – Scope
12 Reference to the Industrial Arbitration Act 1979 has been corrected to refer to the Industrial Relations Act 1979 (WA). Cross-referencing to other clauses has been corrected and updated.
Clause 5 – Term
13 This clause is deleted as it is obsolete. The term expired in 1982.
Clause 6 – Definitions
14 The clause is renumbered to clause 5.
15 The definition of Catering Establishment has been expanded by the addition of canteens and restaurants.
16 The definitions of ‘Casual Employee’ and ‘part time employee’ previously contained elsewhere in the Award have been moved to the definitions clause 6.
17 The reference to ‘Her Majesty’s Armed Forces’ has been changed to ‘the Armed Forces’.
18 The definition of ‘Cashier’ has been amended by substituting ‘receiving payment’ for ‘receiving monies’.
19 The definitions are re-ordered in alphabetical order.
Clause 7 – Contract of Employment
20 The clause is renumbered to clause 6.
21 Provisions concerning termination of employment have been separated out and are now located in clause 7.
New Clause 7 – Termination of Employment and Stand Down
22 This new clause has been updated to make it easier to follow and for consistency with the National Employment Standards of the Fair Work Act 2009 (Cth) (FW Act), Division 3 of Part 6-3 which requires non-national system employers (including employers in the state industrial relations system) to provide notice of termination or payment in lieu to employees.
Clause 9 – Additional Rates for Ordinary Hours
23 The minimum payment referred to at the end of clause 9(1) has been deleted. As there is no circumstance where the payment under the clause would be less than the minimum specified, that part of the clause is obsolete.
24 The meal allowance in clause 9(2) has been adjusted commensurate with increases in the takeaway and fast foods subcategory of the consumer price index.
Clause 11 – Casual Employees
25 The casual penalty provision at clause 11(2) has been relocated to clause 22 - Wages, but the rate remains unchanged.
26 The list of the Award’s provisions from which casual employees are exempt has been updated to remove entitlements which extend to casual employees by operation of legislation.
Clause 12 – Part-Time Employees
27 The part-time loading has been relocated to clause 22 - Wages.
Clause 14 – Meal Money
28 The clause has been renamed ‘Meal Allowance’ The allowance has been increased commensurate with increases in the takeaway and fast foods subcategory of the consumer price index.
Clause 15 – Sick Leave
29 The previous clause was inconsistent with or less favourable than the MCE Act in several respects.
30 References to ‘sick pay’ and ‘sick leave’ have been replaced with ‘personal leave’, reflecting the provisions of the MCE Act.
31 The provisions of this clause have been amended to ensure the Award is not less favourable than the statutory entitlements currently applying.
32 Evidentiary requirements for applications for personal leave are aligned with the MCE Act.
Clause 16 – Compassionate Leave
33 The clause has been updated to align with the provisions of the MCE Act, including by renaming the clause ‘Bereavement Leave’.
Clause 17 – Parental Leave
34 The Award made no provision for parental leave, but clause 17 provided for Maternity Leave.
35 The varied clause refers to parental leave being provided in accordance with the FW Act. State system employers and employees are subject to the provisions of Division 5 of Part 2-2 of the FW Act.
New Clause 17A – Family and Domestic Violence Leave
36 This is a new clause. The Award made no provision for family and domestic violence leave.
37 The clause refers to the provisions of the FW Act for paid family and domestic violence leave which apply to state system employers and employees, as well as relevant provisions of the MCE Act.
Clause 18 – Public Holidays
38 The key provisions of this clause are largely unchanged. The main changes of note are:
(a) Easter Sunday has been included as a public holiday in the Award, reflecting the provisions of s 3(2) and s 3(3) of the Public and Bank Holidays Act 1972 (WA). To achieve consistency with that Act, it is necessary to stipulate Easter Sunday is not substituted for another day because it falls on a weekend.
(b) ‘Foundation Day’ has been changed to ‘Western Australia Day’.
(c) The provision regarding special public holidays has been replaced with provisions reflecting the provisions of the MCE Act which entitle employees to be absent from work on a day or part of a day that is a public holiday as defined in the MCE Act.
(d) Additional clauses reflect the provisions of s 30 of the MCE Act.
Clause 19 – Annual Leave
39 The clause has been updated to reflect the scheme of annual leave provided for in the MCE Act and contemporary terminology. The entitlement to travel time in addition to annual leave for employees who work in the North West has been updated to remove reference to the ports of Fremantle and Geraldton, given that travel for the purpose of taking annual leave is now unlikely to be via ports. The outdated reference to the Commonwealth Bureau of Statics has been replaced with the Australian Bureau of Statistics
Clause 21 – Payment of Wages
40 The ability to pay wages by cheque has been removed. Clause 21(5) has been removed as the obligation to provide payslips is provided for in clause 31.
Clause 22 – Wages
41 The column indicating the Arbitrated Safety Net Adjustment component of the rates of pay has been removed as it is unnecessary.
42 Rates of pay that were less than the statutory minimum have been increased to the current statutory minimum rate.
Clause 31 – Records
43 The previous clause was out of date and did not correspond with Division 2F of the IR Act with respect to the time and wages records that must now be kept by employers, as well as current provisions regarding right of entry by authorised representatives.
44 The amended clause makes reference to the requirements of Division 2F of Part 2 of the IR Act.
Clause 32 – Rosters
45 Minor changes have been made to ensure consistency of terminology used in other updated clauses. For example, ‘occupation’ has been changed to ‘classification’, and ‘sickness’ changed to ‘personal leave’.
Clause 35 – Posting of Award and Union Notices
46 Given the Award is available on the Commission’s website, an addition has been made to the clause, to enable provision of the Award by electronic means.
47 The limitation on Union officials’ entering workplaces has been removed as being inconsistent with the provisions of Part II Division 2G of the IR Act.
Clause 37 – District Allowance
48 The clause’s definition of ‘de facto Spouse’ has been deleted, and the definition of ‘spouse’ has been amended to refer to a de facto partner.
Clause 39 – Grievance Procedures
49 This clause has been renamed ‘Dispute Resolution Procedures’ to reflect the terminology used in the IR Act. The inaccurate reference to ‘this Agreement’ has been changed to ‘this award’.
Clause 42 – Trade Union Training Leave
50 This is now clause 40. Reference to the defunct ‘Australian Trade Union Training Authority’ has been replaced with the ‘Australian Trade Union Institute’.
Clause 44 – Enterprise Flexibility
51 The Award’s current Clause 44 Enterprise Flexibility is the same type as the clause I considered in APPL 27 of 2023: Commission’s Own Motion v (Not Applicable) [2024] WAIRC 00013. The clause is contrary to the scheme of the Act and invalid. It has, therefore, been deleted.
Appendix – Resolution of Disputes Requirements
52 This appendix is outdated, being inserted in the Award in 1996 pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995 (WA) and to comply with what was then contained in s 49B of the IR Act, which was repealed pursuant to s 145 of the Labour Relations Reform Act 2002 (WA). The information in the appendix is therefore outdated and does not reflect the current statutory provisions regarding inspection of records.
53 The appendix has been removed in its entirety.
Schedule A – Named Union Party
54 The name of the union party has been updated from United Voice WA to United Workers Union (WA).
Schedule B – Respondents
55 The names of the respondents have been updated to reflect the current names of the relevant employing authorities under the Public Sector Management Act 1994 (WA).
Other changes
56 Gendered language has been removed.
57 Percentages expressed as in words have been expressed numerically and with symbols.
58 Some clauses have been renumbered as a result of the deletion of other clauses.
Order
59 The variations contained in the schedule to these reasons shall take immediate effect, and an order will issue accordingly.



SCHEDULE

Current Award
Variations
Catering Employees and Tea Attendants (Government)
Award 1982

Catering Employees and Tea Attendants (Government) Award
1. - TITLE

This award shall be known as the Catering Employees and Tea Attendants (Government) Award 1982, and replaces Award No. 21 of 1972, as varied.

1. – TITLE

This award shall be known as the Catering Employees and Tea Attendants (Government) Award.
1B. - MINIMUM ADULT AWARD WAGE

(1) No employee aged 21 or more shall 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 working under an award that provides for a 38-hour week is $918.60 per week.
The minimum adult award wage for full-time employees aged 21 or more working under awards that provide for other than a 38-hour week is calculated as follows: divide $918.60 by 38 and multiply by the number of ordinary hours prescribed for a full-time employee under the award.
The minimum adult award wage is payable from the beginning of the first pay period commencing on or after 1 July 2024.

(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 aged 21 or more employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by results, shall not be paid less than pro rata the minimum adult award wage according to the hours worked.
(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award (if applicable) to the minimum adult award wage, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or government approved work placement programs 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 shall 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 shall –
(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 2024 State Wage order. 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, the minimum adult apprentice wage for a fulltime apprentice aged 21 years or more working under an award that provides for a 38-hour week is $762.80 per week.
(b) The minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for other than a 38-hour week is calculated as follows: divide $762.80 by 38 and multiply by the number of ordinary hours prescribed for a full-time apprentice under the award.
(c) The minimum adult apprentice wage is payable from the beginning of the first pay period commencing on or after 1 July 2024.
(d) Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.
(e) The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.
(f) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
NO VARIATIONS
2. - ARRANGEMENT

1. Title
1B. Minimum Adult Award Wage
2. Arrangement
3. Area
4. Scope
5. Term
6. Definitions
7. Contract of Service
8. Hours
9. Additional Rates for Ordinary Hours
10. Overtime
11. Casual Employees
12. Part-Time Employees
13. Meal Breaks
14. Meal Money
15. Sick Leave
16. Compassionate Leave
17. Maternity Leave
18. Public Holidays
19. Annual Leave
20. Long Service Leave
21. Payment of Wages
22. Wages
23. Jury Service
24. Apprentices
25. Bar Work
26. Higher Duties
27. Uniforms and Laundering
28. Protective Clothing
29. Employee’s Equipment
30. Travelling Facilities
31. Record
32. Roster
33. Change and Rest Rooms
34. First Aid Kit
35. Posting of Award and Union Notices
36. Deleted
37. Breakdowns
38. District Allowance
39. Grievance Procedures
40. Leave to Attend Union Business
41. Deleted
42. Trade Union Training Leave
43. Paid Leave for English Language Training
44. Enterprise Flexibility

Appendix - Resolution of Disputes Requirements
Schedule A - Named Union Party
Schedule B - Respondents
Appendix - S.49B - Inspection Of Records Requirements

2. – ARRANGEMENT

PART 1 – APPLICATION AND OPERATION
1. Title
1B. Minimum Adult Award Wage
2. Arrangement
3. Area
4. Scope
5. Definitions

PART 2 – CONTRACT OF EMPLOYMENT

6. Contract of Employment
7. Termination of Employment and Stand Down

PART 3 – HOURS OF WORK
8. Hours
9. Additional Rates for Ordinary Hours
10. Overtime
11. Casual Employees
12. Part-Time Employees
13. Meal Breaks
14. Meal Allowance

PART 4 – LEAVE AND PUBLIC HOLIDAYS
15. Personal Leave
16. Bereavement Leave
17. Parental Leave
17A. Family and Domestic Violence Leave
18. Public Holidays
19. Annual Leave
20. Long Service Leave

PART 5 – WAGES, ALLOWANCES AND FACILITIES
21. Payment of Wages
22. Wages
23. Jury Service
24. Apprentices
25. Bar Work
26. Higher Duties
27. Uniforms and Laundering
28. Protective Clothing
29. Employee’s Equipment
30. Travelling Facilities

PART 6 – OTHER MATTERS
31. Records
32. Rosters
33. Change and Rest Rooms
34. First Aid Kit
35. Posting of Award and Union Notices
36. Breakdowns
37. District Allowance
38. Dispute Resolution Procedures
39. Leave to Attend Union Business
40. Trade Union Training Leave
41. Paid Leave for English Language Training

Schedule A – Named Union Party
Schedule B - Respondents

3. - AREA

This award shall have effect throughout the State of Western Australia.

NO VARIATIONS
4. - SCOPE

This award shall apply to all employees employed in the calling described in Clause 22. - Wages of this award and who are employed by the respondents to this award in catering establishments and as Tea Attendants, as defined in Clauses 6. - Definitions and 23. - Tea Attendants of this award, provided that this award shall not apply to any employee who at the date of this award is covered by any other award registered or issued under the provisions of the Industrial Arbitration Act, 1979.

4. – SCOPE

This award shall apply to all employees employed in the calling described in Clause 22. – Wages of this award and who are employed by the respondents to this award in catering establishments and as Tea Attendants, as defined in Clauses 5. – Definitions and 24.- Apprentices of this award, provided that this award shall not apply to any employee who at the date of this award is covered by any other award registered or issued under the provisions of the Industrial Relations Act 1979 (WA).

5. - TERM

The term of this award shall be for a period of one year as from the beginning of the first pay period commencing on or after the 19th day of November, 1982.

CLAUSE DELETED
6. - DEFINITIONS

(1) “Catering Establishment” shall mean any meal room, dining room, coffee shop, tea shop, or cafeteria, and includes any place, building, or part thereof, in or from which food is sold or served for consumption on the premises or elsewhere.

(2) “Bar Attendant” shall mean an employee over the age of 18 years who serves liquor for sale from behind a bar counter.

(3) “Chef” shall mean an employee who is a “Qualified Cook”, (as defined in subclause (4) hereof), and who is appointed as such by the employer.

(4) “Qualified Cook” shall mean an employee who has completed and can produce appropriate documentary evidence to their employer to the effect that the employee has successfully completed an apprenticeship in cooking at an approved or recognised school or college, or who can provide documentary evidence of having served at least six years in Her Majesty’s Armed Forces in the classification of Cook.

(5) “Cook Employed Alone” shall mean an employee who is employed when no other cook is employed during the employee’s shift.

(6) “Cashier” shall mean an employee who is principally engaged upon receiving monies in a dining room or restaurant area.

(7) “Daily Spread of Shift” shall mean the time which elapses from the employee’s actual starting time to the employee's actual finishing time for the day or shift.

(8) “Tea Attendant” shall mean an employee engaged either wholly or for the major and substantial part of working time making and/or servicing morning and/or afternoon teas, washing up and other duties in connection with such work.

5. – DEFINITIONS

(1) “Bar Attendant” shall mean an employee over the age of 18 years who serves liquor for sale from behind a bar counter.

(2) “Cashier” shall mean an employee who is principally engaged upon receiving payment in a dining room or restaurant area.

(3) “Casual employee” shall mean an employee engaged on an hourly basis for a period not exceeding four weeks in any workplace.

(4) “Catering Establishment” shall mean any meal room, dining room, coffee shop, tea shop, canteen, restaurant or cafeteria, and includes any place, building, or part thereof, in or from which food is sold or served for consumption on the premises or elsewhere.

(5) “Chef” shall mean an employee who is a “Qualified Cook”, (as defined in subclause (9) hereof), and who is appointed as such by the employer.

(6) “Cook Employed Alone” shall mean an employee who is employed when no other cook is employed during the employee’s shift.

(7) “Daily Spread of Shift” shall mean the time which elapses from the employee's actual starting time to the employee's actual finishing time for the day or shift.

(8) “Part time employee” shall mean an employee engaged to work for not less than three or more than seven ordinary rostered hours per day, and not less than 15 or more than 35 hours each week.

(9) “Qualified Cook” shall mean an employee who has completed and can produce appropriate documentary evidence to their employer to the effect that the employee has successfully completed an apprenticeship in cooking at an approved or recognised school or college, or who can provide documentary evidence of having served at least six years in the Armed Forces in the classification of Cook.

(10) “Tea Attendant” shall mean an employee engaged either wholly or for the major and substantial part of working time making and/or servicing morning and/or afternoon teas, washing up and other duties in connection with such work.


Insert the following as a heading before clause 6 ‘Contract of Employment’:

PART 2 – CONTRACT OF EMPLOYMENT

7. - CONTRACT OF SERVICE

(1) Except for casual employees the contract of service shall be on a weekly basis, provided that one week’s notice of termination may be given on either side on any working day, or in the event of such notice not being given by the payment by the employer or the forfeiture by the employee as the case may be, of one week’s pay.

(2) This shall not affect the right of the employer to dismiss any employee without notice for misconduct and in such cases wages shall be paid up to the time of dismissal only.

(3) (a) The foregoing provisions shall not affect the right of an employer to stand down employees without pay during all vacation periods when no work is available. In respect to the Tertiary Education Institutions the vacation periods will extend to include those weeks which are calendarised as non-teaching weeks and not requiring student attendance on campus.

(b) The employer shall advise the employee before the stand-down period has commenced the date of resumption of work. Employees who fail to advise the employer at least 48 hours before the date of resumption that they are ready, willing and available for work shall be deemed to have terminated their contract of employment.

(4) (a) An employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training, including work which is incidental or peripheral to the employee’s main tasks or functions, provided that such duties are not designed to promote de-killing.

(b) An employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment.

(c) Any direction issued by an employer pursuant to paragraphs (a) and (b) of this subclause shall be consistent with the provisions of the Occupational Health, Safety and Welfare Act 1984-1987 as amended.

6. - CONTRACT OF EMPLOYMENT

(1) An employee may be employed on a full time, part time or casual basis.

(2) (a) An employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training, including work which is incidental or peripheral to the employee’s main tasks or functions, provided that such duties are not designed to promote de-skilling.

(b) An employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment.

(c) Any direction issued by an employer pursuant to paragraphs (a) and (b) of this subclause shall be consistent with the provisions of the Work Health and Safety Act 2020 (WA) as amended.

7. TERMINATION OF EMPLOYMENT AND STAND DOWN

(1) In order to terminate the employment of a full time or part time employee the employer must give the employee the following notice in writing:

Period of continuous service with the employer
Minimum Period of Notice
Not more than 1 year
At least 1 week
More than 1 year but less than 3 years
At least 2 weeks
More than 3 years but less than 5 years
At least 3 weeks
More than 5 years
At least 4 weeks

(2) An employee who at the time of being given notice is over 45 years of age and who at the date of termination has completed two years’ continuous service with the employer, is entitled to one week’s notice in addition to the notice prescribed in clause 7(1).

(3) Payment in lieu of the notice prescribed in clause 7(1) and (2) must be made if the prescribed notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu.

(4) The period of notice in this subclause does not apply to those employees who are exempt from receiving notice under Subdivision A of Division 11 of Part 2-2 of the Fair Work Act 2009 (Cth), as amended from time to time.

(5) For the purpose of this clause an employee’s continuity of service has the same meaning as prescribed in section 22 of the Fair Work Act 2009 (Cth).

(6) A full time or part time employee must give the employer one week’s notice of termination.

(7) Nothing in this clause shall affect the right of the employer to dismiss any employee without notice for misconduct and in such cases wages shall be paid up to the time of dismissal only.

(8) (a) The provisions of this clause shall not affect the right of an employer to stand down employees without pay during all vacation periods when no work is available.

(b) The employer shall advise the employee before the stand-down period has commenced the date of resumption of work.


Insert the following as a heading before clause 8 ‘Hours’:

PART 3 – HOURS OF WORK

8. - HOURS

(1) The ordinary hours of work shall be an average of 38 per week provided that:

(a) In no case are more than forty ordinary hours worked in any week;

(b) No more than eight ordinary hours are worked in any one day;

(c) Ordinary hours are worked on not more than five days in any week;

(d) Ordinary hours are worked within a daily spread of 11 hours.

(2) Except as provided in subclause (4) hereof, employees shall not be required to work ordinary hours on more than 19 days in each four week roster cycle.

(3) Employee shall be rostered such that in each four week roster cycle, rostered days off are consecutive on at least two occasions.

(4) Notwithstanding the provisions of subclause (2) hereof, one rostered day off in each four week roster cycle may be accumulated to a maximum of ten days in any one year. Such accumulated rostered days off may be taken at a time mutually convenient to the employer and the employee.

NO VARIATION



9. - ADDITIONAL RATES FOR ORDINARY HOURS

(1) A full-time or part-time employee who is required to work any ordinary hours between 7.00 pm and 7.00 am Monday to Friday, inclusive, shall be paid, in addition to the appropriate wage set out in Clause 22. - Wages, an additional payment equivalent to 15% of the wages paid for the time so worked with a minimum payment of $3.65 per day.

(2) An employee who is required to work any of his ordinary hours on any day in more than one period of employ and other than for meal breaks as prescribed by Clause 13. - Meal Breaks of this award, shall be paid an allowance of $3.20 per day, for such broken work period worked.

(3) All work performed during ordinary hours on a Saturday shall be paid at the rate of time and one half.

(4) All work performed during ordinary hours on a Sunday shall be paid at the rate of double time.

(5) Provided that any employee who was receiving a greater rate of penalty for Saturday and/or Sunday work at the 29 October 1991 shall continue to receive that greater rate of benefit.

(6) Where an employee’s rostered hours of duty in any day of the weekend are extended by an early start or a late finish the weekend rates as the case may be shall be paid for such additional time worked in addition to any overtime payable under Clause 10. - Overtime of this Award.


9. - ADDITIONAL RATES FOR ORDINARY HOURS

(1) A full-time or part-time employee who is required to work any ordinary hours between 7.00 pm and 7.00 am Monday to Friday, inclusive, shall be paid, in addition to the appropriate wage set out in Clause 22. - Wages, an additional payment equivalent to 15% of the wages paid for the time so worked.

(2) An employee who is required to work any of their ordinary hours on any day in more than one period of employ and other than for meal breaks as prescribed by Clause 13. - Meal Breaks of this award, shall be paid an allowance of $4.50 per day, for such broken work period worked.

(3) All work performed during ordinary hours on a Saturday shall be paid at the rate of time and one half.

(4) All work performed during ordinary hours on a Sunday shall be paid at the rate of double time.

(5) Provided that any employee who was receiving a greater rate of penalty for Saturday and/or Sunday work at the 29 October 1991 shall continue to receive that greater rate of benefit.

(6) Where an employee’s rostered hours of duty in any day of the weekend are extended by an early start or a late finish the weekend rates as the case may be shall be paid for such additional time worked in addition to any overtime payable under Clause 10. - Overtime of this Award.

10. - OVERTIME

(1) All work performed at a time when according to an employee’s roster that employee is not rostered to work, be overtime. Without limiting the generality of the foregoing all work done outside the daily spread of 11 hours, or in excess of eight hours in one day, or in excess of 40 hours in one week, or in excess of 152 hours in a four week roster cycle shall be overtime provided that where rostered days off are accumulated pursuant to Clause 8(4), 160 ordinary hours may be worked in a four week roster cycle in which one rostered day off is accumulated to be taken at a later, mutually convenient time.

(2) Subject to the provisions of subclause (3) hereof, all overtime worked between Monday to Friday, both inclusive, and prior to 12 noon on a Saturday shall be paid for at the rate of time and a half for the first two hours and double time thereafter. All overtime worked after 12 noon on a Saturday and all day on a Sunday, shall be paid for at the rate of double time.

(3) All work done on an employee’s rostered day off shall be paid for at the rate of double time with a minimum payment as for three hours’ work.

(4) Notwithstanding anything contained in this award:

(a) an employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements;

(b) no organisation party to this award or employee or employees covered by this award, shall in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.

NO VARIATION

11. - CASUAL EMPLOYEES

(1) A casual employee shall mean an employee engaged on an hourly contract of service.

(2) Casual employees shall not be engaged for less than two consecutive hours per time.

(3) Casual employees shall be paid at the rate of time and a half, provided that this rate shall be increased to double time and a half for all work performed on the holidays referred to in subclause (1)(a) of Clause 18. - Public Holidays of this award.

(4) The provisions of clauses

9. - Additional Rates for Ordinary Hours,
15. - Sick Leave,
16. - Compassionate Leave,
17. - Maternity Leave,
18. - Public Holidays,
19. - Annual leave and
20. - Long Service Leave

shall not apply to a casual employee.

11. – CASUAL EMPLOYEES

(1) Casual employees shall not be engaged for less than two consecutive hours per time.

(2) Casual employees shall be paid at the rate double time and a half for all work performed on the public holidays referred to in subclause (1)(a) of Clause 18. – Public Holidays of this award.

(3) The provisions of Clause 9. – Additional Rates for Ordinary Hours and Clause 19 – Annual Leave, shall not apply to a casual employee.

12. - PART-TIME EMPLOYEES

(1) A part-time employee shall mean an employee engaged on a weekly contract of service, who works regularly from week to week for not less than three or more than seven ordinary hours per day, and not less than 15 or more than 35 hours each week over any five days.

(2) Part-time employees shall be paid 15% in addition to the rates prescribed in Clause 22. - Wages. The provisions of Clause 9. - Additional Rates for Ordinary Hours shall also apply to part-time employees.

(3) All work performed at times when, according to an employee’s roster, that employee is not rostered to work shall be overtime. Without limiting the generality of the foregoing, all time worked by a part-time employee beyond seven ordinary hours per day, 35 ordinary hours per week and/or five days per week, shall be overtime and paid for at the appropriate overtime rates prescribed in Clause 10. - Overtime of this award.

12. – PART-TIME EMPLOYEES

(1) The provisions of Clause 9. – Additional Rates for Ordinary Hours shall also apply to part-time employees.

(2) All work performed at times when, according to an employee’s roster, that employee is not rostered to work shall be overtime. Without limiting the generality of the foregoing, all time worked by a part-time employee beyond seven ordinary hours per day, 35 ordinary hours per week and/or five days per week, shall be overtime and paid for at the appropriate overtime rates prescribed in Clause 10. – Overtime of this award.

13. - MEAL BREAKS

(1) Every employee shall be entitled to a meal break of not less than one half hour nor more than one hour, after not more than five hours of work. Where it is not possible for the employer to grant a meal break on any day, the said meal break shall be treated as time worked and the employee shall be paid at the rate applicable to the employee at the time such meal break is due, plus 50 per cent of the ordinary hourly rate applying to such employee, until such time as the employee is released for a meal.

(2) In addition to breaks for a meal, there may be one other break of at least two hours during each shift. Such break of two hours may include a meal break.

13. – MEAL BREAKS

(1) Every employee shall be entitled to a meal break of not less than one half hour nor more than one hour, after not more than five hours of work. Where it is not possible for the employer to grant a meal break on any day, the said meal break shall be treated as time worked and the employee shall be paid at the rate applicable to the employee at the time such meal break is due, plus 50% of the ordinary hourly rate applying to such employee, until such time as the employee is released for a meal.

(2) In addition to breaks for a meal, there may be one other break of at least two hours during each shift. Such break of two hours may include a meal break.

14. - MEAL MONEY

When an employee is required to work overtime for more than one hour on any day, he or she will either be supplied with a substantial meal by the employer or be paid $12.65 meal money.

14. – MEAL ALLOWANCE

When an employee is required to work overtime for more than one hour on any day, the employee will either be supplied with a substantial meal by the employer or be paid $16.53 meal allowance.


Insert the following as a heading before clause 15 ‘Personal Leave’:

PART 4 – LEAVE AND PUBLIC HOLIDAYS

15. - SICK LEAVE

(1) (a) An employee other than a casual employee shall be entitled to payment for non-attendance on the grounds of personal ill health or injury of one sixth of a week’s pay for each completed month of service.

(b) Payment hereunder may be adjusted at the end of each accruing year, or at the time the employee leaves the service of the employer, in the event of the employee being entitled by service subsequent to the sickness in that year to a greater allowance than that made at the time the sickness occurred.

(2) The unused portion of the entitlement prescribed in paragraph (a) hereof in any accruing year shall be allowed to accumulate and may be availed of in the next or any succeeding year.

(3) In order to acquire entitlement to payment in accordance with this clause the employee shall 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 the absence. Provided that such advice other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence.

(4) No employee shall be entitled to the benefit of this clause unless they produce proof to the satisfaction of the employer or representative of such sickness provided that the employer shall not be entitled to a medical certificate for absences of less than three consecutive working days unless the total of such absences exceeds five days in any one accruing year.

(5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when the employee is absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave.

(b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his/her place of residence or a hospital as a result of personal ill health or injury for a period of seven consecutive days or more and produces a certificate from a registered medical practitioner that states that the employee was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if unable to attend for work on the working day next following his annual leave.

(c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time they proceeded on annual leave and shall not be made with respect to fractions of a day.

(d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee’s next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 19. - Annual Leave.

(e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 19. - Annual Leave shall be deemed to have been paid with respect to the replaced annual leave.

(6) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers’ Compensation Act nor to employees whose illness or injury is the result of the employee's own misconduct.

15. – PERSONAL LEAVE

Entitlement to paid personal leave:

(1) An employee, other than a casual employee, is entitled for each year of service to paid personal leave for the number of hours the employee is required ordinarily to work in a 2 week period during that year.

(2) A year of service excludes periods of unpaid leave.

(3) Paid personal leave accrues pro rata on a weekly basis.

(4) The entitlement to personal leave is cumulative, and any leave not taken in one year is carried over to the next year.

(5) An employee may take paid personal leave if the employee is unable to work –

(a) because of a personal illness or injury affecting the employee; or

(b) to provide care or support to a member of the employee’s family or household because of

(i) a personal illness or injury; or

(ii) an unexpected emergency

Notice and Evidence

(6) In order to acquire entitlement to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of their inability to attend for work and the estimated duration of the absence. Provided that such advice other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence.

(7) No employee shall be entitled to the benefit of this clause unless they provide the employer with evidence that would satisfy a reasonable person of the entitlement. Provided that the employer shall not be entitled to a medical certificate for absences of less than three consecutive working days unless the total of such absences exceeds five days in any one accruing year.

(8) Replacement of personal leave during annual leave:

(a) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when the employee is absent on annual leave and an employee may apply for and the employer shall grant paid personal leave in place of paid annual leave.

(b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to their place of residence or a hospital as a result of personal ill health or injury for a period of seven consecutive days or more and produces a certificate from a registered medical practitioner that states that the employee was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (6) of this clause if unable to attend for work on the working day next following their annual leave.

(c) Replacement of paid annual leave by paid personal leave shall not exceed the period of paid personal leave to which the employee was entitled at the time they proceeded on annual leave and shall not be made with respect to fractions of a day.

(d) Where paid personal leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid personal leave is hereby replaced by the paid personal leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee’s next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 19. – Annual Leave.

(e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 19. – Annual Leave shall be deemed to have been paid with respect to the replaced annual leave.

(9) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers’ Compensation and Injury Management Act 2023 (WA) nor to employees whose illness or injury is the result of the employee’s own misconduct.

(10) Entitlement to unpaid personal leave:

An employee, including a casual employee, is entitled to unpaid personal leave of up to 2 days in accordance with the Minimum Conditions of Employment Act 1993 (WA).

16. - COMPASSIONATE LEAVE

(1) An employee shall, on the death within Australia of a spouse, de facto spouse, father, mother, brother, sister, child or stepchild be entitled on notice of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee to two ordinary working days. Proof of such death shall be furnished by the employee to the satisfaction of the employer.

(2) Provided that payment in respect of compassionate leave is to be made only where the employee otherwise would have been on duty and shall not be granted in any case where the employee concerned would have been off duty in accordance with his roster, or on long service leave, annual leave, sick leave, worker’s compensation, leave without pay or on a public holiday.

16. – BEREAVEMENT LEAVE

(1) An employee shall, on the death of a member of the employee’s family or household (as defined in the Minimum Conditions of Employment Act 1993 (WA)), be entitled to paid bereavement leave of up to 2 days.

(2) The 2 days need not be consecutive.

(3) An employee who claims to be entitled to paid bereavement leave is to provide the employer, if so requested by the employer, evidence that would satisfy a reasonable person as to -

(a) the death that is the subject of the leave sought; and

(b) the relationship of the employee to the deceased person.

17. - MATERNITY LEAVE

(1) Eligibility for Maternity Leave

An employee who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months’ continuous service with that employer immediately preceding the date upon which she proceeds upon such leave.

For the purposes of this clause:

(a) An employee shall include a part-time employee but shall not include an employee engaged upon casual or seasonal work.

(b) Maternity leave shall mean unpaid maternity leave.

(2) Period of Leave and Commencement of Leave

(a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an unbroken period of from 12 to 52 weeks and shall include a period of six weeks’ compulsory leave to be taken immediately before the presumed date of confinement and a period of six weeks’ compulsory leave to be taken immediately following confinement.

(b) An employee shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement.

(c) An employee shall give not less than four weeks’ notice in writing to her employer of the date upon which she proposes to commence maternity leave, stating the period of leave to be taken.

(d) An employee shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date.

(3) Transfer to a Safe-Job

Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

If the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof.

(4) Variation of Period of Maternity Leave

(a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the employee giving not less than 14 days’ notice in writing stating the period by which the leave is to be lengthened.

(b) The period of leave may, with the consent of the employer, be shortened by the employee giving not less than 14 days’ notice in writing stating the period by which the leave is to be shortened.

(5) Cancellation of Maternity Leave

(a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child.

(b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the employee to the employer that she desires to resume work.

(6) Special Maternity Leave and Sick Leave

(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then -

(i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, or

(ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly qualified medical practitioner certifies as necessary before her return to work.

(b) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks.

(c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave.

(d) An employee returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position she held immediately before such transfer.

Where such position no longer exists but there are other positions available, for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position.

(7) Maternity Leave and Other Leave Entitlements

Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks.

(a) An employee may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled.

(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during her absence on maternity leave.

(8) Effect of Maternity Leave on Employment

Notwithstanding any award, or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of the award.

(9) Termination of Employment

(a) An employee on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award.

(b) An employer shall not terminate the employment of an employee on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

(10) Return to Work After Maternity Leave

(a) An employee shall confirm her intention of returning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave.

17. – PARENTAL LEAVE

Parental leave is as provided for in accordance with Division 5 of Part 2-2 of the Fair Work Act 2009 (Cth).


17A. FAMILY AND DOMESTIC VIOLENCE LEAVE

Family and domestic violence leave is as provided for in Division 7 of Part 2-2 of the Fair Work Act 2009 (Cth) and the Minimum Conditions of Employment Act 1993 (WA).
18. - PUBLIC HOLIDAYS

(1) (a) The following days or the days observed in lieu shall, subject as hereinafter 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 named in the subclause.

(b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday, and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(2) Whenever any of the days referred to in subclause (1)(a) hereof falls on an employee’s ordinary working day and the employee is not required to work on such a day, the employee shall be paid for the ordinary hours the employee would have worked on such day had it not been a holiday. Where an employee’s rostered day off coincides with any of the holidays referred to in subclause (1)(a) hereof, such employee shall receive one day’s additional pay at ordinary rates from the employer.

(3) Any employee required to work on a holiday shall be paid for the time worked at the rate of double time and one half.

(4) When an employee is off duty owing to leave without pay, any holiday falling during such absence shall not be treated as a paid holiday. Where the employee is on duty or is available on the whole of the working day immediately preceding a holiday or resumes duty or is available on the whole of the working day immediately following a holiday, as prescribed in this clause, the employee shall be entitled to a paid holiday on all such holidays.

(5) Whereas -

(a) a day is proclaimed as a public holiday or as a public half-holiday under section 7 of the Public and Bank Holidays Act, 1972; and

(b) that proclamation does not apply throughout the State or to the metropolitan area of the State,

that day shall be a whole holiday or, as the case may be, a half holiday for the purpose of this award within the district or locality specified in the proclamation.

18. – PUBLIC HOLIDAYS

(1) (a) The following days are recognised as public holidays for the purpose of this Award:

New Year’s Day, Australia Day, Good Friday, Easter Sunday, Easter Monday, Anzac Day, Labour Day, Western Australia Day, Sovereign’s Birthday, Christmas Day and Boxing Day.

(b) An employee is entitled to be absent from work on a day or part of a day that is a public holiday for the purpose of this award, or a public holiday as defined in the Minimum Conditions of Employment Act 1993 (WA).

(c) When any of the days mentioned in paragraph (a) hereof other than Easter Sunday falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday, and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(2) Whenever any of the days referred to in subclause (1)(a) hereof falls on an employee’s ordinary working day and the employee is not required to work on such a day, the employee shall be paid for the ordinary hours the employee would have worked on such day had it not been a holiday. Where an employee’s rostered day off coincides with any of the holidays referred to in subclause (1)(a) hereof, such employee shall receive one day's additional pay at ordinary rates from the employer.

(3) The employer may request that an employee work on a day or part of a day that is a public holiday if the request is reasonable.

(4) If the employer makes a request, the employee may refuse the request if —
(a) the request is not reasonable; or
(b) the refusal is reasonable.

(5) In determining whether a request or refusal is reasonable, the following must be taken into account —
(a) the nature and conduct of the employer’s business or operations;
(b) the nature of the employee’s work;
(c) the employee’s personal circumstances, including family responsibilities
(d) whether the employee could reasonably expect that the employer might request work on the public holiday;
(e) whether the employee is entitled to receive overtime payments, penalty rates or other compensation (including compensation in the form of an annualised salary) for, or a level of remuneration that reflects an expectation of, work on the public holiday;
(f) the type of employment of the employee (for example, whether fulltime, parttime, casual or shift work);
(g) the amount of notice in advance of the public holiday given
(i) by the employer when making the request; or
(ii) by the employee when refusing the request.

(6) Any employee required to work on a public holiday shall be paid for the time worked at the rate of double time and one half.

(7) When an employee is off duty owing to leave without pay, any public holiday falling during such absence shall not be treated as a paid public holiday. Where the employee is on duty or is available on the whole of the working day immediately preceding a public holiday or resumes duty or is available on the whole of the working day immediately following a public holiday, as prescribed in this clause, the employee shall be entitled to a paid public holiday on all such public holidays.

(8) Where –

(a) a day is proclaimed as a public holiday or as a public half-holiday under section 7 of the Public and Bank Holidays Act 1972 (WA); and

(b) that proclamation applies either throughout the State or within a district or locality as specified in the proclamation;

that day shall be a whole holiday or, as the case may be, a half holiday for the purpose of this award within the district or locality specified in the proclamation.


19. - ANNUAL LEAVE

(1) Except as hereinafter provided, a period of four consecutive weeks’ leave with payment of ordinary wages as prescribed shall be allowed annually to an employee by the employer after a period of twelve months’ continuous service with such employer.

(2) “Ordinary wages” for an employee shall mean the rate of wage including service pay the employee has received for the greatest proportion of the calendar month prior to his taking the leave.

(3) 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 shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid.

(4) If after one month’s continuous service in any qualifying twelve monthly period an employee lawfully terminates his/her employment or the employment is terminated by the employer through no fault of the employee, the employee shall be paid 2.92 hours’ pay at the ordinary rate of wage in respect of each completed week of continuous service in that qualifying period.

(5) In addition to any payment to which the employee may be entitled under subclause (4) of this clause, an employee whose employment terminates after he/she has completed a twelve monthly qualifying period and who has not been allowed leave prescribed under this award in respect of that qualifying period, shall be given payment in lieu of that leave unless:-

(a) the employee has been justifiably dismissed for misconduct; and

(b) the misconduct for which the employee has been dismissed occurred prior to the completion of that qualifying period.

(6) An employee may be rostered off and granted annual leave with payment of ordinary wages as prescribed prior to having completed a period of twelve months’ continuous service, in which case should the services of such employee terminate or be terminated prior to the completion of twelve months’ continuous service, the said employee shall refund to the employer the difference between the amount received for wages in respect of the period of their annual leave and the amount which would have accrued to the employee by reason of the length of service up to the date of the termination of their services.

(7) (a) Subject to subclause (3) of this clause, when computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the period that an employee is on annual leave and/or holidays. Provided that no deduction shall be made for any approved period an employee is absent from duty through sickness, with or without pay, unless the absence exceeds three calendar months, in which case deduction may be made for such excess only.

(b) Approved periods of absence from work caused through accident sustained in the course of employment shall not be considered breaks in continuity of service, but the first six months only of any such period shall count as service for the purpose of computing annual leave.

(8) When work is closed down for the purpose of allowing annual leave to be taken, employees with less than a full year’s service shall only be entitled to payment during such period for the number of days’ leave due to them. Provided that nothing herein contained shall deprive the employer’s right to retain such employees during the close down period as may be required.

(9) Employees regularly working for the Government north of south latitude 26 shall be paid 1 (one) week additional leave per year and allowed to accumulate annual leave for two years, subject to the convenience of the Department. Such employees who proceed to Fremantle and Geraldton during the period of such leave shall be allowed once in each two years reasonable travelling time on the forward and return journeys between the place of their employment and either of the said ports.

(10) Annual leave may be taken in more than one period of leave, by mutual agreement between the employer and employee.

Annual Leave Loading

(11) During the period of annual leave an employee shall receive a loading calculated on the rate of wage prescribed by subclause (2) hereof. This loading shall be 171/2 per cent provided that in no case shall the loading for four weeks’ leave exceed the amount set out in the Commonwealth Bureau of Census and Statistics publication for “Average Weekly Earnings per Male Employed Unit” in W.A. for the September quarter immediately preceding the date of accrual of such leave.

The loading prescribed by this subclause shall not apply to proportionate leave on termination.

19. – ANNUAL LEAVE

(1) An employee, other than a casual employee, is entitled for each year of service to paid annual leave for the number of hours the employee is required ordinarily to work in a 4 week period during that year.

(2) Annual leave accrues pro rata on a weekly basis.

(3) Annual leave is cumulative, and any leave not taken in one year is carried over to the next year.

(4) If any award public 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, the employee:

(a) is taken not to be on paid annual leave or paid personal leave on that public holiday; and

(b) is entitled to be absent from work on that public holiday; and

(c) is entitled to be paid for that public holiday in accordance with
clause 18.

(5) If an employee lawfully leaves their employment or the employment is terminated by the employer through no fault of the employee, the employee shall be paid for any untaken annual leave to which the employee is entitled.

(6) If an employee leaves employment or the employment is terminated by the employer in circumstances other than those referred to in clause 19(5) the employee is to be paid for any untaken leave that relates to a completed year of service, except that if the employee is dismissed for misconduct, the employee is not entitled to be paid or any untaken leave that relates to a year of service that was completed after the misconduct occurred.

(7) An employee may be rostered off and granted annual leave with payment of ordinary wages as prescribed prior to having accrued the leave, in which case should the services of such employee terminate or be terminated prior to the completion of sufficient service to have accrued the leave, the said employee shall refund to the employer the difference between the amount received for wages in respect of the period of their annual leave and the amount which would have accrued to the employee by reason of the length of service up to the date of the termination of their services.

(8) (a) Subject to subclause (3) of this clause, when computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the period that an employee is on annual leave and/or public holidays, nor for any approved period of personal leave, with or without pay.

(b) Approved periods of absence from work caused through accident sustained in the course of employment shall not be considered breaks in continuity of service.

(9) When work is closed down for the purpose of allowing annual leave to be taken, employees with less than a full year’s service shall only be entitled to payment during such period for the number of days’ leave due to them. Provided that nothing herein contained shall deprive the employer’s right to retain such employees during the close down period as may be required.

(10) Employees regularly working north of south latitude 26 shall be paid 1 (one) week additional leave per year and allowed to accumulate annual leave for two years, subject to the convenience of the Department. Such employees shall be allowed once in each two years reasonable travelling time for travel between the place of their employment and Perth or Geraldton for the purpose of taking annual leave.

(11) Where an employee and employer have not agreed when the employee is to take annual leave, subject to the employee giving the employer at least 2 weeks’ notice, the employer is not to refuse the employee taking, at any time suitable to the employee, any period of annual leave the entitlement to which accrued more than 12 months before that time.

Annual Leave Loading

(12) During the period of annual leave an employee shall receive a 17.5% loading calculated on the rate of pay the employee would have received under clause 22 at the time the employee takes the leave, provided that in no case shall the loading for four weeks’ leave exceed the amount set out in the Australian Bureau of Statistics publication for “Average Weekly Earnings Full Time Males Western Australia” in W.A. for the November quarter immediately preceding the date of accrual of such leave.

The loading prescribed by this subclause shall not apply to proportionate leave on termination.

20. - LONG SERVICE LEAVE

The conditions governing the granting of Long Service Leave to government wages employees generally shall apply to employees covered by this award.

NO VARIATIONS

Insert the following as a heading before clause 21. ‘Payment of Wages’

PART 5 – WAGES, ALLOWANCES AND FACILITIES

21. - PAYMENT OF WAGES

(1) (a) The employer may elect to pay employees in cash, by cheque or by means of a credit transfer to a bank, building society or credit union account in the name of the employee. The day that the credit transfer is credited to the employee’s account shall be deemed to be the date of payment.

(b) Payment shall be made within three working days from the last day of the pay period and if in cash or by cheque shall be made during the employee’s ordinary working hours.

(c) No employer shall change its method of payment to employees without first giving them at least four weeks’ notice of such change.

(d) No employee shall be required to accept a change in the method of payment if such change causes hardship. Any dispute concerning hardship in a particular case shall be referred to the Industrial Relations Commission.

(2) (a) The employer may elect to pay employees weekly or fortnightly in accordance with subclause (1) of this clause.

(b) No employer shall change the frequency of payment to employees without first giving them and the Union at least four weeks’ notice of such change.

(c) The method of introducing a fortnightly pay system shall be by the payment of an additional week’s wages in the last weekly pay before the change to fortnightly pays to be repaid by equal fortnightly deduction made from the next and subsequent pays provided the period for repayment shall not be less than 20 weeks or some other method agreed upon by the Union and employer.

(3) For the purpose of effecting the rostering off of workers as provided by this award, such wages may be either for the actual hours worked each week; or an amount being the calculated weekly average of the wages accruing over the two or three or four as the case may be, consecutive weekly period.

(4) An employee who lawfully terminates their employment or is dismissed by the employer for reasons other than misconduct, shall be paid all wages due to them by the employer on the day of termination of employment

(5) At the time of being paid, each employee shall be issued with a statement by the employer showing the gross wages and allowances due to them and all deductions made therefrom.

21. – PAYMENT OF WAGES

(1) (a) The employer may elect to pay employees in cash or by electronic funds transfer to a bank, building society or credit union account in the name of the employee. The day that the electronic funds transfer is credited to the employee’s account shall be deemed to be the date of payment.

(b) Payment shall be made within three working days from the last day of the pay period and if in cash shall be made during the employee's ordinary working hours.

(c) No employer shall change its method of payment to employees without first giving them at least four weeks’ notice of such change.

(d) No employee shall be required to accept a change in the method of payment if such change causes hardship. Any dispute concerning hardship in a particular case shall be referred to the Western Australian Industrial Relations Commission.

(2) (a) The employer may elect to pay employees weekly or fortnightly in accordance with subclause (1) of this clause.

(b) No employer shall change the frequency of payment to employees without first giving them and the Union at least four weeks’ notice of such change.

(c) The method of introducing a fortnightly pay system shall be by the payment of an additional week’s wages in the last weekly pay before the change to fortnightly pays to be repaid by equal fortnightly deduction made from the next and subsequent pays provided the period for repayment shall not be less than 20 weeks or some other method agreed upon by the Union and employer.

(3) For the purpose of effecting the rostering off of workers as provided by this award, such wages may be either for the actual hours worked each week; or an amount being the calculated weekly average of the wages accruing over the two or three or four as the case may be, consecutive weekly period.

(4) An employee who lawfully terminates their employment or is dismissed by the employer for reasons other than misconduct, shall be paid all wages due to them by the employer on the day of termination of employment.



22. - WAGES

It is a term of this Award that the Union undertakes for the duration of the Principles determined by the Commission in Court Session in Matter No. 1940 of 1989 not to pursue any extra claim, award or over award except where consistent with the State Wage Principles.

The following shall be the minimum rates of wage payable to employees covered by this award:-

(1)

(a)
Classifications:

Base Rate (per week) $
Arbitrated Safety Net Adjustments (per week) $
Total Award Rate (per week) $







(1)
Chef
351.20
578.60
929.80

(2)
Qualified Cook
325.40
572.50
897.90

(3)
Cook Employed Alone
307.90
568.20
876.10

(4)
Other Cooks
304.60
567.40
872.00

(5)
Bar Attendant
307.40
568.20
875.60

(6)
Waiter/Waitress
300.20
566.40
866.60

(7)
Steward/Stewardess
300.20
566.40
866.60

(8)
Cashier
307.40
568.20
875.60

(9)
Counterhand
300.20
566.40
866.60

(10)
Tea Attendant
297.20
565.80
863.00

(11)
Kitchenhand
297.20
565.80
863.00

(12)
General Hand
297.20
565.80
863.00

(b) Arbitrated Safety Net Adjustments

(i) 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.

(2) In addition to the above wage rates service pay will be paid for each year of service at the following rates per week:

Year 1
$
95.30
Year 2
$
104.00
Year 3 and thereafter
$
111.80

(3) Leading Hands -

An employee (other than a Chef) who is appointed and placed in charge of other employees by the employer shall be paid the following rates in addition to his or her normal wage per week:-

(a)
If placed in charge of less than six employees
$15.80
(b)
If placed in charge of six to ten employees
$21.30
(c)
If placed in charge of 11 to 20 employees
$24.50
(d)
If placed in charge of more than 20 employees
$41.00

22. – WAGES

The following shall be the minimum rates of wage payable to employees covered by this award:-

(1)

(a)
Classifications:

Minimum Weekly Rate (per week) $

(1)
Chef
989.30

(2)
Qualified Cook
955.30

(3)
Cook Employed Alone
932.50

(4)
Other Cooks
928.20

(5)
Bar Attendant
932.00

(6)
Waiter
922.50

(7)
Steward
922.50

(8)
Cashier
932.00

(9)
Counterhand
922.50

(10)
Tea Attendant
918.60

(11)
Kitchenhand
918.60

(12)
General Hand
918.60

(2) A casual employee must be paid a loading of 50% for each hour worked.

(3) A part-time employee must be paid a loading of 15% for each hour worked.

(4) In addition to the above wage rates service pay will be paid for each year of service at the following rates per week:

Year 1
$95.30
Year 2
$104.00
Year 3 and thereafter
$111.80

(5) Leading Hands –

An employee (other than a Chef) who is appointed and placed in charge of other employees by the employer shall be paid the following rates in addition to his or her normal wage per week:-

(a)
If placed in charge of less than six employees
$15.80
(b)
If placed in charge of sex to ten employees
$21.30
(c)
If placed in charge of 11 to 20 employees
$24.50
(d)
If placed in charge of more than 20 employees
$41.00

23. - JURY SERVICE

(1) Any employee required to serve on a jury shall as soon as possible after being summoned to serve, notify the employer. The summons to serve must be produced when making an application to obtain this leave.

(2) Any employee required to serve on a jury shall be granted by the employer leave of absence without loss of pay, but only for such a period as is required to enable the employee to carry out his/her duties as a juror.

(3) An employee granted leave of absence on full pay as prescribed in subclause (2) of this clause is not entitled to retain any juror's fees but shall pay all fees received to the employer.

23. – JURY SERVICE

(1) Any employee required to serve on a jury shall as soon as possible after being summoned to serve, notify the employer. The summons to serve must be produced when making an application to obtain this leave.

(2) Any employee required to serve on a jury shall be granted by the employer leave of absence without loss of pay, but only for such a period as is required to enable the employee to carry out their duties as a juror.

(3) An employee granted leave of absence on full pay as prescribed in subclause (2) of this clause is not entitled to retain any juror’s fees but shall pay all fees received to the employer.

24. - APPRENTICES

(1) Apprentices may be taken to the trade of cooking in the ratio of one apprentice for every one qualified cook employed and shall not be taken in excess of that ratio unless:

(a) the union so agrees; or

(b) the Commission so determines.

(2) Wages (per week) expressed as a percentage of the “Tradesman’s Rates” -

(a)
Four Year Term -
%




First year
42

Second year
55

Third year
75

Fourth year
88



(b)
Three and a Half Year Term -





First six months
42

Next year
55

Next following year
75

Final year
88



(c)
Third Year Term -
%




First year
55

Second year
75

Third year
88

(d) For the purposes of this subclause the term “Tradesman’s Rate” means the total rate payable to a “Qualified Cook”, as prescribed in Clause 22. - Wages, of this award.

24. – APPRENTICES

(1) Apprentices may be taken to the trade of cooking in the ratio of one apprentice for every one qualified cook employed and shall not be taken in excess of that ratio unless:

(a) the Union so agrees; or

(b) the Commission so determines.

(2) Wages (per week) expressed as a percentage of the “Qualified Cook Rates” –

(a)
Four Year Term -
%

First year
42

Second year
55

Third year
75

Fourth year
88
(b)
Three and a Half Year Term –


First six months
42

Next year
55

Next following year
75

Final year
88
(c)
Third Year Term –
%

First Year
55

Second year
75

Third year
88

25. - BAR WORK

Any employee other than a Bar Attendant, who in addition to their normal duties is required to dispense liquor from a bar, shall be paid a flat rate of $1.25 cents per day in addition to the rate prescribed for such normal duties.

NO VARIATIONS

26. - HIGHER DUTIES

(1) Any employee performing work for two or more hours in any day on duties carrying a higher prescribed rate of wage than that in which they are engaged, shall be paid the higher wage for the time so employed, provided that where an employee is engaged for more than half of one day or shift on duties carrying a higher rate the employee shall be paid the higher rate for such day or shift.

(2) Any employee who is required to perform duties carrying a lower prescribed rate of wage, shall do so without any loss of pay.

NO VARIATIONS
27. - UNIFORMS AND LAUNDERING

Where uniforms are required to be worn by the employer they shall be supplied and laundered by the employer and remain the property of the employer, provided that in lieu of the employer laundering same, the employee shall be paid $4.80 per week for such laundering. Provided further, that any employee employed as a Cook shall be paid $7.20 per week for laundering.

NO VARIATIONS
28. - PROTECTIVE CLOTHING

(1) Employees who are required to wash dishes. or otherwise handle detergents, acids, soaps or any injurious substances, shall be supplied with rubber gloves free of charge by the employer, or be paid an allowance of $2.40 per week in lieu.

(2) Where the conditions of work are such that employees are unable to avoid their clothing becoming dirty or wet, they shall be supplied with suitable protective clothing free of charge by the employer.

(3) Where the conditions of work are such that employees are unable to avoid their feet becoming wet, they shall be supplied by the employer free of charge with suitable protective footwear.

(4) All articles supplied shall remain the property of the employer and shall be returned when required, in good order and condition, fair wear and tear excepted.

(5) Where any of the above protective equipment is provided the employee shall use the equipment for the purpose for which it is intended.

28. - PROTECTIVE CLOTHING

(1) Employees who are required to wash dishes. or otherwise handle detergents, acids, soaps or any injurious substances, shall be supplied with rubber gloves free of charge by the employer, or be paid an allowance of $2.54 per week in lieu.

NO OTHER VARIATIONS
29. – EMPLOYEE’S EQUIPMENT

All knives, choppers, tools, brushes. towels and other utensils, implements and material which may be required to be used by the employee for the purpose of carrying out their duties, shall be supplied by the employer free of charge.

Provided that where an employee is required by the employer to use his own knives he shall be paid an allowance of $11.50 per week.

29. – EMPLOYEE’S EQUIPMENT

All knives, choppers, tools, brushes. towels and other utensils, implements and material which may be required to be used by the employee for the purpose of carrying out their duties, shall be supplied by the employer free of charge.

Provided that where an employee is required by the employer to use their own knives they shall be paid an allowance of $11.50 per week.

30. - TRAVELLING FACILITIES

(1) Where an employee is detained at work until it is too late to travel by the last ordinary bus, train or other regular public conveyance to their usual place of residence the employer shall provide proper conveyance free of charge.

(2) If an employee is required to start work before the first ordinary means of public conveyance (hereinbefore described) is available to convey them from their usual place of residence to the place of employment, the employer shall provide a conveyance free of charge.

(3) The provisions of subclauses (1) and (2) of this clause do not apply to an employee who usually has their own means of conveyance.

NO VARIATIONS

Insert the following as a heading before clause 31 ‘Records’:

PART 6 – OTHER MATTERS

31. - RECORD

(1) The employer shall keep, or cause to be kept, a time and wages record wherein shall be entered the following information: .

(a) The full name, and occupation of each employee employed and whether the employee is being employed on a full-time, part-time or casual contract of service;

(b) The time each employee commences and finishes work each day, including any breaks in shift;

(c) The number of hours worked each day by each employee and the total hours worked each pay period;

(d) The wages and (if any) overtime and allowances paid to each employee each pay period;

(e) The age of any employee employed on junior rates of pay.

(2) The record shall be open for inspection to a duly accredited representative of the union during ordinary office hours. Such representative shall be permitted time to inspect the record and, if he requires shall be allowed to take any extract or copy of any of the information contained in the record.

Before exercising a power of inspection the representative shall give reasonable notice of not less than 24 hours to the employer

31. – RECORDS

An employer must keep employment records and provide pay slips in accordance with Part II, Division 2F – Keeping of and access to employment records and pay slips of the Industrial Relations Act 1979 (WA).

Conditions regarding right of entry by authorised representatives of the Union for the purpose of inspection of records are dealt with in Part II, Division G – Right of entry and inspection by authorised representatives of the Industrial Relations Act 1979 (WA).
32. - ROSTER

(1) A roster of the working hours of each employee shall be exhibited in such place by the employer so as it may be conveniently and readily seen by each employee.

(2) Such roster shall show:

(a) the name and occupation of each employee;

(b) the hours to be worked by each employee each day and the breaks in shift to be taken.

(3) The roster shall be open for inspection to a duly accredited representative of the union at such time as the “record” is so open for inspection.

(4) Such rosters shall be drawn up in such a manner as to show the working hours of each employee for at least one week in advance of the date of the roster and may only be altered on account of the sickness of an employee, or by mutual consent between the employee and the employer concerned.

(5) In addition to the roster of working hours as prescribed by subclauses (1)-(4) of this clause, a roster of working days and rostered days off for each employee shall be maintained by the employer and exhibited in such a place so as it may be conveniently and readily seen by each employee. Such a roster shall show working days and rostered day off at least four weeks in advance and shall only be varied at the request of an employee with respect to whom the variation is sought.

32. – ROSTERS

(1) A roster of the working hours of each employee shall be exhibited in such place by the employer so as it may be conveniently and readily seen by each employee, or provided by electronic means reasonably accessible to all employees.

(2) Such roster shall show:

(a) the name and classification of each employee;

(b) the hours to be worked by each employee each day and the breaks in shift to be taken.

(3) The roster shall be available for inspection to a duly accredited representative of the Union in accordance with clause 31.

(4) Such rosters shall be drawn up in such a manner as to show the working hours of each employee for at least one week in advance of the date of the roster and may only be altered on account of the personal leave of an employee, or by mutual consent between the employee and the employer concerned.

(5) In addition to the roster of working hours as prescribed by subclauses (1)(4) of this clause, a roster of working days and rostered days off for each employee shall be maintained by the employer and either made accessible electronically or exhibited in such a place so as it may be conveniently and readily seen by each employee. Such a roster shall show working days and rostered day off at least four weeks in advance and shall only be varied at the request of an employee with respect to whom the variation is sought.

33. - CHANGE AND REST ROOMS

Adequate change and rest rooms shall be provided by the employer where such are reasonably practicable.

NO VARIATIONS
34. - FIRST AID KIT

In each establishment the employer shall provide and continuously maintain at a place easily accessible to all employees an adequate First Aid Kit.

NO VARIATIONS
35. - POSTING OF AWARD AND UNION NOTICES

(1) A copy of this award shall be exhibited by the employer on the business premises in such a place where it may be conveniently and readily seen by each employee.

(2) The Secretary of the Union, or any other duly accredited representative of the union, shall be permitted to post notices relating to union business in such a place where it may be conveniently and readily seen by each employee.

Provided that nothing in this subclause shall empower a duly accredited official of the union to enter any part of the premises of the employer, pursuant to this subclause, unless the employer is the employer or former employer of a member of the Union.

35. – POSTING OF AWARD AND UNION NOTICES

(1) A copy of this award shall be exhibited by the employer on the business premises in such a place where it may be conveniently and readily seen by each employee or made accessible electronically.

(2) The Secretary of the Union, or any other duly accredited representative of the Union, shall be permitted to post notices relating to Union business in such a place where it may be conveniently and readily seen by each employee.

36. - DELETED

CLAUSE DELETED
37. - BREAKDOWNS

The employer shall be entitled to deduct payment for any day or portion of a day upon which the employee cannot be usefully employed, because of any strike by the union or unions affiliated with it, or by any other association or union, or through the breakdown of the employer's machinery or any stoppage of work by any cause which the employer cannot reasonably prevent.
RENUMBERED TO CLAUSE 36

38. - DISTRICT ALLOWANCE

(1) For the purposes of this clause the following terms shall have the following meaning:

“Dependant” in relation to an employee means:

(a) a spouse; or(b) where there is no spouse, a child or any other relative resident within the State who relies on the employee for their main support;

who does not receive a district or location allowance of any kind.

“Partial Dependant” in relation to an employee means:

(a) a spouse; or

(b) where there is no spouse, a child or any other relative resident within the State who relies on the employee for their main support;

who receives a district or location allowance of any kind less than that applicable to an employee without dependants under any award, agreement or other provision regulating the employment of the partial dependant.

“Spouse” means an employee's spouse including de facto spouse.

“De facto Spouse” means a person of the opposite sex to the employee who lives with the employee as the husband or wife of the employee on a bona fide domestic basis, although not legally married to that person.

(2) For the purpose of this clause, the boundaries of the various districts shall as described hereunder and as delineated on the plan at subclause (16) of this clause.

District:

1. The area within a line commencing on coast; thence east along latitude 28 to a point north of Tallering Peak; thence due south to Tallering Peak; thence southeast to Mt Gibson and Burracoppin; thence to a point southeast at the junction of latitude 32 and longitude 119; thence south along longitude 119 to coast.

2. That area within a line commencing on the south coast at longitude 119 then east along the coast to longitude 123; then north along longitude 123 to a point on latitude 30; thence west along latitude 30 to the boundary of No. 1 District.

3. The area within a line commencing on coast at latitude 26; thence along latitude 26 to longitude 123; thence south along longitude 123 to the boundary of No. 2 District.

4. The area within a line commencing on the coast at latitude 24; thence east to the South Australian border; thence south to the coast; thence along the coast to longitude 123; thence north to the intersection of latitude 26; thence west along latitude 26 to the coast.

5. That area of the State situated between the latitude 24 and a line running east from Carnot Bay to the Northern Territory border.

6. That area of the State north of a line running east from Carnot Bay to the Northern Territory border.

(3) An employee shall be paid a district allowance at the standard rate prescribed in Column II of subclause (6) of this clause, for the district in which the employee’s headquarters is located. Provided that where the employee's headquarters is situated in a town or place specified in Column III of subclause (6), the employee shall be paid a district allowance at the rate appropriate to that town or place as prescribed in Column IV of subclause (6).

(4) An employee who has a dependant shall be paid double the district allowance prescribed by subclause (3) of this clause for, the district, town or place in which the employee’s headquarters is located.

(5) Where an employee has a partial dependant the total district allowance payable to the employee shall be the district allowance prescribed by subclause (3) of this clause plus an allowance equivalent to the difference between the rate of district or location allowance the partial dependant receives and the rate of district or location allowance the partial dependant would receive if he or she was employed in a full time capacity under the Award, Agreement or other provision regulating the employment of the partial dependant.

(6) The weekly rate of district allowance payable to employees pursuant to subclause (3) of this clause shall be as follows:

COLUMN I DISTRICT
COLUMN II STANDARD RATE
COLUMN III EXCEPTIONS TO STANDARD RATE
COLUMN IV RATE





$ per week
Town or Place
$ per week




6
50.40
Nil
Nil




5
41.20
Fitzroy Crossing
55.40


Halls Creek







Turner River Camp



Nullagine







Liveringa (Camballin)
51.60


Marble Bar



Wittenoom







Karratha
48.60






Port Hedland
45.10




4
20.70
Warburton Mission
55.90






Carnarvon
19.50




3
13.10
Meekatharra
20.70


Mount Magnet



Wiluna



Laverton



Leonora



Cue





2
9.30
Kalgoorlie
3.10


Boulder







Ravensthorpe
12.40


Norseman



Salmon Gums



Marvel Loch



Esperance





1
Nil
Nil
Nil

Note: In accordance with subclause (4) of this clause employees with dependants shall be entitled to double the rate of district allowance shown.

The allowances prescribed in this subclause shall operate from the beginning of the first pay period commencing on or after 1 January 1991.

(7) When an employee is on approved annual recreation leave, the employee shall for the period of such leave, be paid the district allowance to which the employee would ordinarily be entitled.

(8) When an employee is on long service leave or other approved leave with pay (other than annual recreational leave), the employee shall only be paid district allowance for the period of such leave if the employee, dependants or partial dependants remain in the district in which the employee's headquarters is situated.

(9) When an employee leaves his or her district on duty, payment of any district allowance to which the employee would ordinarily be entitled shall cease after the expiration of two weeks unless the employee’s dependant/s or partial dependant/s remain in the district or as otherwise approved by the employer.

(10) Except as provided in subclause (9) of this clause, a district allowance shall be paid to any employee ordinarily entitled thereto in addition to reimbursement of any travelling transfer or relieving expenses or camping allowance.

(11) Where an employee whose headquarters is located in a district in respect of which no allowance is prescribed in subclause (6) of this clause, is required to travel or temporarily reside for any period in excess of one month in any district or districts in respect of which such allowance is so payable, the employee shall be paid for the whole of such period a district allowance at the appropriate rate pursuant to subclauses (3), (4) or (5) of this clause, for the district in which the employee spends the greater period of time.

(12) When an employee is provided with free board and lodging by the employer or a Public Authority the allowance shall be reduced to two-thirds of the allowance the employee would ordinarily be entitled to under this clause.

(13) An employee who is employed on a part-time basis shall be entitled to district allowance on a pro-rata basis. The allowance shall be determined by calculating the hours worked by the employee as a proportion of the full-time hours prescribed by the Award under which the employee is employed. That proportion of the appropriate district allowance shall be payable to the employee.

(14) An employee who immediately prior to the 1st day of July, 1988 was in receipt of district allowance at a rate which was greater than the amount to which the employee is entitled under this clause shall have the difference reduced in accordance with the following:

(i) As from the first pay period commencing on or after July 1, 1988 the difference shall be reduced by thirty-three and one third (33 1/3%) per cent; and

(ii) As from the first pay period commencing on or after January 1, 1989 the difference remaining between the amount being paid pursuant to (i) above and that to which the employee is otherwise entitled under this clause shall be reduced by fifty (50%) per cent; and

(iii) As from the first pay period commencing on or after July 1, 1989 payment shall be in accordance with the employee's entitlement under this clause.

(15) The rates expressed in subclause (6) of this clause shall be adjusted every twelve (12) months ending on December 31 in accordance with the official “Consumer Price Index” for Perth as published by the Australian Bureau of Statistics.

The adjustment of rates shall be effective from the beginning of the first pay period to commence on or after the first day of January each year.

(16) Plan - District Allowance Boundaries

37. – DISTRICT ALLOWANCE

1) For the purposes of this clause the following terms shall have the following meaning:

“Dependant” in relation to an employee means:

(a) a spouse; or
(b) where there is no spouse, a child or any other relative resident within the State who relies on the employee for their main support;

who does not receive a district or location allowance of any kind.

“Partial Dependant” in relation to an employee means:

(a) a spouse; or

(b) where there is no spouse, a child or any other relative resident within the State who relies on the employee for their main support;

who receives a district or location allowance of any kind less than that applicable to an employee without dependants under any award, agreement or other provision regulating the employment of the partial dependant.

“Spouse” means an employee's spouse including de facto partner.

(2) For the purpose of this clause, the boundaries of the various districts shall as described hereunder and as delineated on the plan at subclause (16) of this clause.

District:

1. The area within a line commencing on the coast; thence east along latitude 28 to a point north of Tallering Peak; thence due south to Tallering Peak; thence southeast to Mt Gibson and Burracoppin; thence to a point southeast at the junction of latitude 32 and longitude 119; thence south along longitude 119 to coast.
…

3. The area within a line commencing on the coast at latitude 26; thence along latitude 26 to longitude 123; thence south along longitude 123 to the boundary of No. 2 District.

…

(5) Where an employee has a partial dependant the total district allowance payable to the employee shall be the district allowance prescribed by subclause (3) of this clause plus an allowance equivalent to the difference between the rate of district or location allowance the partial dependant receives and the rate of district or location allowance the partial dependant would receive if they were employed in a full time capacity under the Award, Agreement or other provision regulating the employment of the partial dependant.
…

(9) When an employee leaves their district on duty, payment of any district allowance to which the employee would ordinarily be entitled shall cease after the expiration of two weeks unless the employee's dependant/s or partial dependant/s remain in the district or as otherwise approved by the employer.




NO OTHER VARIATIONS
39. - GRIEVANCE PROCEDURES

It is the intention of this Agreement to eliminate disputes which are liable to cause stoppages for work and loss of earnings and it is agreed between the parties that every endeavour will be made to amicably settle any disputes which may arise.

(1) (a) Where any grievance, dispute or claim arises an employee is entitled to raise the matter with the appropriate Manager.

(b) If a resolution of the grievance, dispute or claim is not achieved under subclause (1)(a) hereof, the employee concerned may refer the matter to his/her union representative who will discuss it with the Manager. At this point all disputes and replies must be recorded in the Record of Grievance book by the Manager or Union Representative and signed by both the parties. The Union Representative shall receive a copy.

(c) If the matter is not satisfactorily resolved at subclause (1)(b) the Union Representative may discuss the matter with Senior Management or other officer nominated by the Manager to deal with such matters. Further comments should be added to the Record of Grievance Book when appropriate.

(d) If the matter is not resolved by the foregoing discussions the Union Representative shall notify his/her union and shall thenceforth leave the conduct of negotiations in the hands of the union. (The Union Representative may be employed by the union to continue negotiations).

(e) Where a matter has been referred to the union by the Union Representative the union shall promptly take all steps necessary under its rules and under the Industrial Relations Act for the resolution of this matter. Prior to raising the matter with the Industrial Relations Commission, the Union shall contact the Department’s or Authority’s, industrial relations branch, to try and resolve the dispute.

(2) (a) Where any grievance, dispute or claim arises, the employer is entitled to raise the matter with the appropriate employees.

(b) If a resolution of the grievance, dispute or claim is not achieved under subclause (2)(a) the employer shall refer the matter to the Union Representative.

(c) The Union Representative may discuss with the employee any grievance referred to him/her by the employer, and if the matter is not satisfactorily resolved, he/she may discuss the matter with the union.

(d) If the matter is not resolved by the foregoing discussions the shop steward shall notify his/her union and shall thenceforth leave the conduct and negotiations in the hands of the union. (The Union Representative may be empowered by the union to continue negotiations).

(e) Where a matter has been referred to the union by the Union Representative, the union shall promptly take the steps necessary under its rules and the Industrial Relations Act for a resolution of the matter.

(3) Where any dispute cannot be resolved by negotiation or conciliation between the parties it is agreed that either party may refer the matter to the Western Australian Industrial Relations Commission.

(4) Initial replies to all written grievances and disputes must be given within 24 hours.
38. - DISPUTE RESOLUTION PROCEDURES

It is the intention of this award to eliminate disputes which are liable to cause stoppages for work and loss of earnings and it is agreed between the parties that every endeavour will be made to amicably settle any disputes which may arise.

(1) (a) Where any grievance, dispute or claim arises an employee is entitled to raise the matter with the appropriate Manager.

(b) If a resolution of the grievance, dispute or claim is not achieved under subclause (1)(a) hereof, the employee concerned may refer the matter to their Union representative who will discuss it with the Manager. At this point all disputes and replies must be recorded in the Record of Grievance book by the Manager or Union Representative and signed by both the parties. The Union Representative shall receive a copy.

(c) If the matter is not satisfactorily resolved at subclause (1)(b) the Union Representative may discuss the matter with Senior Management or other officer nominated by the Manager to deal with such matters. Further comments should be added to the Record of Grievance Book when appropriate.

(d) If the matter is not resolved by the foregoing discussions the Union Representative shall notify their Union and shall thenceforth leave the conduct of negotiations in the hands of the Union. (The Union Representative may be employed by the Union to continue negotiations).

(e) Where a matter has been referred to the Union by the Union Representative the union shall promptly take all steps necessary under its rules and under the Industrial Relations Act 1979 (WA) for the resolution of this matter. Prior to raising the matter with the Industrial Relations Commission, the Union shall contact the Department’s or Authority’s, industrial relations branch, to try and resolve the dispute.

(2) (a) Where any grievance, dispute or claim arises, the employer is entitled to raise the matter with the appropriate employees.

(b) If a resolution of the grievance, dispute or claim is not achieved under subclause (2)(a) the employer shall refer the matter to the Union Representative.

(c) The Union Representative may discuss with the employee any grievance referred to them by the employer, and if the matter is not satisfactorily resolved, they may discuss the matter with the Union.

(d) If the matter is not resolved by the foregoing discussions the shop steward shall notify their Union and shall thenceforth leave the conduct and negotiations in the hands of the Union. (The Union Representative may be empowered by the Union to continue negotiations).

(e) Where a matter has been referred to the union by the Union Representative, the union shall promptly take the steps necessary under its rules and the Industrial Relations Act 1979 (WA) for a resolution of the matter.

(3) Where any dispute cannot be resolved by negotiation or conciliation between the parties it is agreed that either party may refer the matter to the Western Australian Industrial Relations Commission.

(4) Initial replies to all written grievances and disputes must be given within 24 hours.

40. - LEAVE TO ATTEND UNION BUSINESS

(1) The employer shall grant paid leave during working hours to an employee:

(a) who is required to give evidence before any Industrial Tribunal;

(b) who as a Union-nominated representative is required to attend negotiations and/or conferences between the Union and the employer.

(c) when prior agreement between the Union and the employer has been reached for the officer to attend official Union meetings preliminary to negotiations or industrial hearings;

(d) who as a Union-nominated representative is required to attend joint Union/management consultative committees or working parties.

(2) The granting of leave pursuant to paragraph (a) of this subclause shall only be approved:

(a) where an application for leave has been submitted by an employee a reasonable time in advance;

(b) for the minimum period necessary to enable the Union business to be conducted or evidence to be given;

(c) for those employees whose attendance is essential;

(d) when the operation of the organisation is not being unduly affected and the convenience of the employer is not impaired.

(3) (a) A leave of absence provided under this clause will be granted at the ordinary rate of pay;

(b) the employer shall not be liable for any expenses associated with an employee attending the Union office on business;

(c) leave of absence provided under this clause shall include any necessary travelling time in normal working hours.

(4) (a) Nothing in this clause shall diminish the existing arrangements relating to the granting of paid leave for Union business.

(b) The provisions of this clause shall not apply to special arrangements made between the parties which provide for unpaid leave for employees to conduct Union business.

(5) The provisions of this clause shall not apply when an employee is absent from work without the approval of the employer.

RENUMBERED TO CLAUSE 39
41. – DELETED

CLAUSE DELETED
42. - TRADE UNION TRAINING LEAVE

(1) Subject to the provisions of this clause:

(a) The employer shall grant paid leave of absence to employees who are nominated by their Union to attend short courses conducted by the Australian Trade Union Training Authority.

(b) Paid leave of absence shall also be granted to attend similar courses or seminars as from time to time approved by agreement between the parties.

(2) An employee shall be granted up to a maximum of five days’ paid leave per calendar year for trade union training or similar courses or seminars as approved. However, leave of absence in excess of five days and up to ten days may be granted in any one calendar year provided that the total leave being granted in that year and in the subsequent year does not exceed ten days.

(3) (a) Leave of absence will be granted at the ordinary rate of pay and shall not include shift allowances, penalty rates or overtime.

(b) Where a public holiday or rostered day off (including a rostered day off as a result of working a 38 hour week) falls during the duration of a course, a day off in lieu of that day will not be granted.

(4) Subject to subclause (3) of this clause shift workers attending a course shall be deemed to have worked the shifts they would have worked had leave not been taken to attend the course.

(5) The granting of leave pursuant to the provisions of subclause (1) of this clause is subject to the operation of the organisation not being unduly affected and to the convenience of the employer.

(6) (a) Any application by an employee shall be submitted to the employer for approval at least four weeks before the commencement of the course, provided that the employer may agree to a lesser period of notice.

(b) All applications for leave shall be accompanied by a statement from the relevant Union indicating that the employee has been nominated for the course. The application shall provide details as to the subject, commencement date, length of course, venue and the Authority which is conducting the course.

(7) A qualifying period of 12 months in government employment shall be served before an employee is eligible to attend courses or seminars of more than one-half day duration. An employer may, where special circumstances exist, approve an application to attend a course or seminar where an employee has less than 12 months’ government service.

(8) (a) The employer shall not be liable for any expenses associated with an employee’s attendance at trade union training courses.

(b) Leave of absence granted under this clause shall include any necessary travelling time in normal working hours immediately before or after the course.

RENUMBERED TO CLAUSE 40

Change the reference to ‘Australian Trade Union Training Authority’ in subclause (1)(a) to ‘Australian Trade Union Institute’.
43. - PAID LEAVE FOR ENGLISH LANGUAGE TRAINING

(1) Leave during normal working hours without loss of pay shall be granted to employees from a non-English speaking background, who are unable to meet standards of communication to advance career prospects, or who constitute a safety hazard or risk to themselves and/or fellow workers, or are not able to meet the accepted production requirements of that particular occupation or industry, to attend English training conducted by an approved and authorised Authority. The selection of employees for training will be determined by consultation between the employer and the appropriate Union(s).

(2) Leave will be granted to enable employees selected to achieve an acceptable level or vocational English proficiency. In this respect the tuition content with specific aims and objectives incorporating the pertinent factors at subclause (3) hereof shall be agreed between the employer, the Union(s), and the Adult Migrant Education Service or other approved Authority conducting the training.

(3) Subject to appropriate needs assessment participation in training will be on the basis of minimum of 100 hours per employee per year.

The agreed desired proficiency level will take account of the vocational needs of an employee in respect of communication, safety, welfare, and productivity within his/her current position as well as those positions to which he/she may be considered for promotion or redeployment. It will also take account of issues in relation to training, retraining and multi-skilling, award restructuring, industrial relations and safety provisions, and equal opportunity employment legislation.


RENUMBERED TO CLAUSE 41

…

(3) Subject to appropriate needs assessment participation in training will be on the basis of minimum of 100 hours per employee per year.

The agreed desired proficiency level will take account of the vocational needs of an employee in respect of communication, safety, welfare, and productivity within the employees’ current position as well as those positions to which the employee may be considered for promotion or redeployment. It will also take account of issues in relation to training, retraining and multi-skilling, award restructuring, industrial relations and safety provisions, and equal opportunity employment legislation.

44. - ENTERPRISE FLEXIBILITY

(1) Employers and employees covered by this award may establish/negotiate and reach agreement to apply to vary any provision of this award so as to make the enterprise or workplace operate more efficiently according to its particular needs.

(2) To facilitate this process, each enterprise or workplace shall establish consultative mechanisms and procedures appropriate to the organisation comprising representatives of the employer and the employees.

(3) Employees may seek advice from, or request to be represented by, the union party to this award during the negotiations.

(4) Where agreement is reached at an enterprise or workplace and where giving effect to such agreement requires this award, as it applies at the enterprise or workplace, to be varied, an application to vary the award shall be made to the Commission.

(5) A copy of the agreement shall be made available in writing to all employees at the enterprise or workplace and to the union party to this award.

(6) The union shall not unreasonably oppose the application to vary the award to give effect to the terms of the agreement.

(7) When this award is varied to give effect to an agreement made pursuant to this clause the variation shall become a schedule to this award and the variation shall take precedence over any provision of this award to the extent of any expressly identified inconsistency.

(8) The agreement must meet the following requirements to enable the Commission to vary this award to give effect to it -

(a) that the purpose of the agreement is to make the enterprise or workplace operate more efficiently according to its particular needs;

(b) that the majority of employees covered by the agreement genuinely agree to it;

(c) that the award variation necessitated by the agreement meets the requirements of the Industrial Relations Act, 1979 and relevant Wage Fixing Principles.

(9) Nothing in this clause shall be taken as limiting the right of any party to apply to give effect to an enterprise agreement under any other provisions of the Industrial Relations Act, 1979.

CLAUSE DELETED
APPENDIX - RESOLUTION OF DISPUTES REQUIREMENTS

(1) This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation Amendment Act 1997).

(2) Any dispute or grievance procedure in this award/industrial agreement shall also apply to any questions, disputes or difficulties which may arise under it.

(3) With effect from 22 November 1997 the dispute or grievance procedures in this award/industrial agreement is hereby varied to include the requirement that persons involved in the question, dispute or difficulty will confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.

APPENDIX DELETED
SCHEDULE A - NAMED UNION PARTY

United Voice WA

SCHEDULE A - NAMED UNION PARTY

United Workers Union (WA)
SCHEDULE B - RESPONDENTS

The Minister for Primary Industry
The Minister for Community Development
The Minister for Education
The Minister for Health
The Minister for Labour Relations
The Minister for Lands
The Minister for Environment
The Minister for Police
The Minister for Planning
The Minister for Transport
The Minister for Works
The Minister for Water Resources
The Minister for Aboriginal Affairs
The Attorney General
Commissioner for Main Roads
The State Government Printer
State Government Insurance Commission
Western Australian Fire Brigades Board
Western Australian Museum Board

SCHEDULE B – RESPONDENTS

Department of Primary Industry and Regional Development
Department of Communities
Department of Education
Department of Health
Department of Premier and Cabinet
Department of Water and Environmental Regulation
Department of Finance
Department of Treasury
The Minister for Lands
Department of Local Government Sports and Cultural Industries
Department of Fire and Emergency Services
Department of Transport
Department of Planning Lands and Heritage
Department of Justice
Western Australia Police Force
Commissioner of Main Roads
State Law Publisher
Insurance Commission of Western Australia

APPENDIX - S.49B - INSPECTION OF RECORDS REQUIREMENTS

(1) Where this award, order or industrial agreement empowers a representative of an organisation of employees party to this award, order or industrial agreement to inspect the time and wages records of an employee or former employee, that power shall be exercised subject to the Industrial Relations (General) Regulations 1997 (as may be amended from time to time) and the following:

(a) The employer may refuse the representative access to the records if: -

(i) the employer is of the opinion that access to the records by the representative of the organisation would infringe the privacy of persons who are not members of the organisation; and

(ii) the employer undertakes to produce the records to an Industrial Inspector within 48 hours of being notified of the requirement to inspect by the representative.

(b) The power of inspection may only be exercised by a representative of an organisation of employees authorised for the purpose in accordance with the rules of the organisation.

(c) Before exercising a power of inspection, the representative shall give reasonable notice of not less than 24 hours to an employer.

APPENDIX DELETED