REVIEW OF THE STATE RESEARCH STATIONS, AGRICULTURAL SCHOOLS AND COLLEGE WORKERS AWARD 1971 PURSUANT TO S 40B OF THE INDUSTRIAL RELATIONS ACT 1979 (WA)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

CITATION : 2025 WAIRC 00743

DELIVERED : Tuesday, 2 September 2025

FILE NO. : APPL 152 OF 2024

Applicant

AND

(Not Applicable)

Respondent

CatchWords : Industrial Law (WA) – Commission’s Own Motion – Section 40B of the Industrial Relations Act 1979 (WA) – Award Variation – State Research Stations, Agricultural Schools and College Workers Award 1971 – Removal of obsolete, outdated, and discriminatory provisions – Variations to ensure award facilitates efficient organisation and performance of work balanced with fairness – Award Varied

Legislation : Fair Work Act 2009 (Cth)

Industrial Relations Act 1979 (WA)

Minimum Conditions of Employment Act 1993 (WA)

Public and Bank Holidays Act 1972 (WA)

Workers Compensation and Injury Management Act 2023 (WA)

Vocational Education and Training (General) Regulations 2009 (WA)

Result : Award varied

Representation:

Ms C Fuentes Beltran on behalf of Government Sector Labour Relations Division of the Department of Local Government, Industry Regulation and Safety

Mr C Dunne (Of Counsel) on behalf of The Australian Workers' Union, West Australian Branch, Industrial Union of Workers

Case(s) referred to in reasons:

Minimum Casual Loading Rate General Order [2025] WAIRC 00136

Commission's Own Motion v (Not Applicable) [2025] WAIRC 00365

Reasons for Decision

1         The Western Australian Industrial Relations Commission of its own motion initiated this matter for variation of the State Research Stations, Agricultural Schools and College Workers Award 1971 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 Minister for Industrial Relations, the public sector employer parties to the Award and the Australian Workers Union, West Australian Branch, Industrial Union of Workers (AWU) 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 Local Government, Industry Regulation and Safety (GSLR) represented the employers who are parties to the Award.

5         GSLR and AWU participated in a conference convened by the Commission to work through variations to the Award. GSLR and AWU 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 12 August 2025 for the purpose of affording interested persons an opportunity to be heard in relation to those proposed variations.

7         GSLR and AWU both confirmed their 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         I am grateful to the parties for their constructive and collaborative work on the variations. My thanks go especially to Ms Fuentes Beltran from GSLR and Mr Dunne from AWU.

10      In the following paragraphs, I set out briefly the rationale for the variations contained in the Schedule.           

Clause 1 – Title

11      The year of the Award has been removed from its title consistent with contemporary practice, as has the word ‘workers’.

Clause 2 – Arrangement

12      Like clauses have been grouped together under functional headings in a standard arrangements clause.

Clause 2A – State Wage Principles

13      This clause has been removed as it is obsolete.

Clause 4 – Term

14      This clause has been removed as it is obsolete.

Clause 25 – Definitions

15      The clause is renumbered to clause 4.

16      The definitions are re-ordered in alphabetical order.

17      Classification definitions containing references to particular training qualifications which may no longer be offered have been amended, by including ‘equivalent’ training accreditation.

18      The definitions for Kitchen Staff classifications have been varied by removing reference to duties performed ‘prior to the broadbanding of December 1989’ so that the definitions can be understood without reference to prior instruments.

19      Definitions of ‘Member of the employee’s family or household’ and ‘Spouse’ are included, for the purpose of personal leave and some allowance provisions.

20      A new definition of ‘Department of Primary Industries’ is included.

21      Definitions located elsewhere in the Award have been re-located to Part 1– Application and Operation.

Clause 5 – Holidays

22      The key provisions of this clause are largely unchanged. The main changes of note are:

(a) The clause has been split into two separate clauses: ‘Public Holidays’ and ‘Annual Leave.’

(b) The two separate clauses have been relocated to Part 5 – Leave and Public Holidays.

(c) Public holidays are those prescribed by the MCE Act. 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.

(d) Additional clauses reflect the provisions of s 30 of the MCE Act.

(e) The annual leave provisions have been updated to reflect the scheme of annual leave provided for in the MCE Act and contemporary terminology.

Clause 8 – Accidents, Transport, Etc

23      This clause has been renamed ‘Emergency Transport’ and relocated to Part 4 – Wages, Allowances and Facilities.

Clause 11 – Contract of Service

24      The clause is relocated to ‘Part 2 - Contract of Employment’ and renamed ‘Engagement.’

25      The clause makes it clear that employees may be engaged on a full-time, part-time or casual basis and requires the basis of the engagement to be specified in writing at the time of the engagement.

26      The reference to a ‘weekly contract’ is removed to reflect the reality that public sector employment is generally of a permanent and ongoing nature.

27      Provisions concerning casual employees, part-time employees, termination of employment and stand down have been separated into distinct clauses.

New Clause 7A – Flexible Work Arrangement Requests

28      A new clause reflecting Part 4A - Flexible Working Arrangement Requests of the MCE Act has been added.

New Clause 8 – Termination of Employment

29      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), Part 6-3 Division 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 12 – Medical Chest

30      This clause has been renamed ‘First Aid Kit.’

31      The clause listed the items that must be maintained in a first aid kit. The updated clause requires the first aid kit to be maintained so as to comply with the Work Health and Safety (General) Regulations 2022 (WA).

32      The clause has been relocated to Part 4.

Clause 13 – Water Supply

33      The clause required employers to supply ‘water bags on each work (sic), free of charge.’ This has been updated to require supply of a source of potable water at each work site.

34      The clause has been relocated to Part 4.

Clause 14 – Sick Leave

35      The previous clause was inconsistent with or less favourable than the MCE Act in several respects.

36      References to ‘sick pay’ and ‘sick leave’ have been replaced with ‘personal leave’, reflecting the provisions of the MCE Act. 

37      The provisions of this clause have been amended to ensure the Award is not less favourable than the statutory entitlements currently applying. 

38      Evidentiary requirements for applications for personal leave are aligned with the MCE Act.

39      The clause has been relocated to Part 5.

Clause 18 – Hours

40      Minor changes have been made to:

(a) enable rosters to be provided electronically provided the roster can be readily accessed by employees concerned; and

(b) Limit requests of an employee to working overtime to ‘reasonable additional hours’ consistent with the MCE Act.

41      The clause is located within Part 3 – Hours of Work.

Clause 18A – 19 Day, 4 week Cycle

42      Minor changes have been made to:

(a) Rename the clause ‘Rostered Day Off Arrangements’; and

(b) Remove the requirement for a dispute concerning the taking of leave in lieu of a rostered day off to be referred to a meeting of the employer and the union, with provision instead for any dispute concerning rosters being dealt with under the Award’s dispute resolution procedure.

43      This clause is now located within Part 3 – Hours of Work.   

Clause 22 – Camping allowance   

44      Subclause 22(4), excluded employees who ‘batch’ from eligibility from the camping allowance. It is unclear what this exclusion means, and it appears to no longer be applicable or necessary. It has been removed.

45      This is now clause 23.

Clause 23 – Payment of Wages  

46      The provisions concerning payment on termination are unnecessary and have been removed. The reference to supplying a ‘docket’ showing details about wages paid ‘on request’ has been removed as the obligation to provide payslips is provided for in clause 22 - Time and Wages Records.

47      The clause is located within Part 4.

Clause 24 – Time Record

48      The previous clause was out of date and did not correspond with Part II 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. 

49      The amended clause, renamed ‘Time and Wages Records’, makes reference to the requirements of Part II Division 2F and Part II Division G of the IR Act.

50      This clause is now located within Part 4.  

Clause 26 – Wages

51      The wages clause is now clause 16 in Part 4.

52      The column indicating the Arbitrated Safety Net Adjustment component of the rates of pay and references to arbitrated safety net adjustments have been removed as they are unnecessary.

53      References to replaced or cancelled Awards have been replaced with the current relevant industrial instrument in the Wages clause, the District Allowance clause and the Special Allowances clause.

54      Provisions about assessment of classifications which referred to the National Core Curriculum Farm Skills Training Guide and assessment by an advisory council have been replaced to allow classification by reference to contemporary and relevant national competency standards.

55      Casual loading has been increased to 25% in line with the Commission’s Minimum Casual Loading Rate General Order [2025] WAIRC 00136.

Clause 31 – Old and Infirm Workers

56      This clause has been replaced by a Supported Wage clause in terms which are standard in many Western Australian awards and consistent with the MCE Act.

Clause 33 – Apprentices

57      This is now clause 19.

58      Reference to Apprenticeship Regulations and Apprenticeship Advisory Board have been replaced to reflect the scheme under the Vocational Education and Training (General) Regulations 2009 (WA).

59      The role of the Commission in determining the ratio of apprentices to trade qualified employees has been removed, as has the restriction on apprenticeship terms to four years.

60      Subclause (5) has been removed on the basis that apprentices are no longer employed by the Department of Education and the clause therefore has no application.

Clause 34 – Parental Leave

61      The Award made no provision for parental leave, but clause 34 provided for ‘Maternity Leave.’

62      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 Part 2-2 Division 5 of the FW Act. 

63      The new clause is located in Part 5.

Clause 39 – Bereavement Leave

64      The clause has been updated to align with the provisions of the MCE Act.

New Clause 39 – Family and Domestic Violence Leave

65      This is a new clause. The Award made no provision for family and domestic violence leave.

66      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 40 – Military Leave

67      This clause has been replaced with provisions for leave for training with the Defence Force Reserves. The Military Leave clause was outdated. The new clause aligns with conditions in the public service more generally permitting leave for volunteer members of the Defence Force Reserves or the Cadet Force.

New Clause 44 – Workers Compensation

68      At GSLR’s suggestion, a new clause has been included to permit accrual of certain leave types while an employee is in receipt of income under the Workers Compensation and Injury Management Act 2023 (WA).

Clause 42 – Structural Efficiency and Clause 44 – Award Modernisation

69      These clauses have been deleted as they relate to industrial principles that are no longer relevant in the State industrial relations system, and they are therefore obsolete.

Appendix – Resolution of Disputes Requirements

70      The substance of this appendix has been incorporated into a new clause headed ‘Dispute Resolution Procedure’ in Part 6 – Other Matters.

Schedule A – Respondents

71      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).

Appendix s 49B Inspection of Records Requirements

72      This appendix does not reflect the current provisions of the IR Act in relation to inspection of records. It has been deleted as being obsolete.

Other changes

73      Allowances which have not been updated in many years have been increased consistent with the current statement of principles published as part of the State Wage Case: Commission's Own Motion v (Not Applicable) [2025] WAIRC 00365.

74      Some clause names have been updated to better reflect the nature of the entitlements or to use more contemporary terms.

75      References to the Department of Agriculture have been replaced with ‘Department of Primary Industries’ which is now defined.

76      Names of institutions and organisations that have changed have been updated.

77      Gendered language has been removed.

78      ‘Worker’ is changed to ‘employee’ wherever it appeared.

79      Numbers expressed in words have been changed to numerals.

80      Percentages expressed in words have been expressed numerically and with symbols.

81      Some clauses have been renumbered as a result of the deletion or reordering of other clauses.

Order

82      The variations contained in the schedule to these reasons took effect from 1 September 2025.

SCHEDULE

Delete the entire contents of the State Research Stations, Agricultural Schools and Colleges Award (with the exception of the variation record table, which shall remain annexed to the Award marked as superseded and struck through) and insert the following in lieu thereof:

State Research Stations, Agricultural Schools and Colleges Award

PART 1 – APPLICATION AND OPERATION

1. – TITLE

This award shall be known as the State Research Stations, Agricultural Schools and Colleges Award.

2. – ARRANGEMENT

PART 1 – APPLICATION AND OPERATION

1. Title
2. Arrangement
3. Area and Scope
4. Definitions

PART 2 – CONTRACT OF EMPLOYMENT

5. Engagement
6. Casual Employees
7. Part Time Employees
8. Termination
9. Stand Down

PART 3 – HOURS OF WORK

10. Hours
11. Rostered Day Off Arrangements
12. Spread of Shifts
13. Additional Rates for Ordinary Hours
14. Overtime
15. Shift Work

PART 4 – WAGES, ALLOWANCES AND FACILITIES

16. Wages
17. Minimum Wage
18. Junior Employees
19. Apprentices
20. Supported Wage System
21. Payment of Wages
22. Time and Wages Records
23. Camping Allowance
24. District Allowance
25. Special Allowances
26. Higher Duties
27. Transport Costs
28. Emergency Transport
29. First Aid Kit
30. Water Supply
31. Protective Clothing
32. Herbicides and Pesticides

PART 5 – LEAVE AND PUBLIC HOLIDAYS

33. Public Holidays
34. Annual Leave
35. Travel Concessions (Department of Primary Industries)
36. Long Service Leave
37. Personal Leave
38. Parental Leave
39. Family and Domestic Violence Leave
40. Leave Without Pay
41. Leave for International Sporting Events
42. Bereavement Leave
43. Leave for Training with Defence Force Reserve

PART 6 – OTHER MATTERS

44. Special Conditions – Frank Wise Institute of Tropical Agriculture
45. Study Assistance
46. Consultative Committee
47. Dispute Resolution Procedure

Schedule A. – Respondents

Schedule B. – Parties to the Award

3. – AREA AND SCOPE

This award shall apply to all employees engaged in the calling mentioned herein employed by the respondents at:

(a)                 establishments or on properties controlled by the Department of Primary Industries;

(b)                Agricultural Schools and Colleges under or operated by the Government of Western Australia throughout the State; and

(c)                 Muresk Institute.

4. – DEFINITIONS

(1)                "Agricultural Operative" shall mean an employee called upon to carry out duties associated with the various activities of the Department of Primary Industries and shall include the operating and servicing of farm machinery and equipment in addition to other work involved in primary agricultural production and research trials.

(2)                "Agricultural Training Officer – Level 1" shall mean an employee employed by the Department of Education for 12 months who is "proficient" in one (1) and "satisfactory" in two (2) major Areas.

(3)                "Agricultural Training Officer – Level 2" shall mean an employee employed by the Department of Education who is "proficient" in at least two (2) major Areas, or who has a relevant trade qualification.

(4)                "Agricultural Training Officer – Level 3" shall mean an employee employed by the Department of Education who is "proficient" in three (3) major Areas, and/or who has 50% accredited towards a certificate in Agriculture Instruction.

(5)                "Agricultural Training Officer – Level 4" shall mean:

(a)                 An employee who is "proficient" in four major Areas and has completed the Agricultural Instructor's Certificate or equivalent training accreditation.

(b)                An employee who is "proficient" in five major Areas and has completed the Agricultural Instructor's Certificate or equivalent training accreditation.

(c)                 An employee who is "proficient" in six major Areas and has completed the Agricultural Instructor's Certificate or equivalent training accreditation.

(6)                "Areas" refer to those outlined in the National Core Curriculum Farm Skills Guide or equivalent National Competency Standards relevant to agriculture.

(7)                “Department of Primary Industries” means the Department of Primary Industries and Regional Development or such government department as has responsibility from time to time for agriculture and primary industry.

(8)                "General Operative Grade I" shall mean a General Operative Grade II who has the level of competence of an employee with 12 months' relevant experience. The employer may reclassify a General Operative Grade II to General Operative Grade I at any time within the first 12 months of employment if the said employee has demonstrated the required level of competence.

(9)                "Kitchen Staff employee – Level 1" shall mean an employee employed by the Department Education who is required to perform a range of duties associated with domestic duties, waiting tables, kitchenhand duties and/or housekeeper duties.

(10)             "Kitchen Staff employee – Level 2" shall mean an employee employed by the Department of Education who is required to perform a range of duties usually associated with a second cook and reliever and/or cook (where only one required).

(11)             "Kitchen Staff employee – Level 3" shall mean an employee employed by the Department of Education who is required to perform the range of duties usually associated with a non-trade qualified cook.

(12)             "Kitchen staff employee – Level 4" shall mean an employee employed by the Department of Education who meets the requirements for a tradesperson cook.

(13)             “Member of the employee’s family or household” has the meaning given to that phrase in the Minimum Conditions of Employment Act 1993 (WA).

(14)             "Leading Hand" shall mean an employee appointed by the employer and placed in charge of and who directs three or more other employees employed under this award.

(15)             "Proficient" for the purposes of clauses (2) to (5) shall mean that the Agricultural Training Officer is able to manage the area in question and is capable of maintaining the operation to a level acceptable to an industry expert.             

(16)             "Satisfactory" for the purpose of Level 1 positions, means that the employee is capable of working with minimum supervision for a short period of time in a particular area.

(17)             "Senior Agricultural Operative (Tradesperson)" shall mean an employee appointed by the employer who is competent and is required to work with a minimum of supervision in any area directly associated with research and farm management and includes operating, servicing, maintaining and modifying, according to specific instructions, farm machinery and equipment, maintaining records, testing, sampling, pest and weed control or any other work on specific projects required by the technical officers or as directed by the Research Station Manager and/or the Professional Officer.

(18)             "Senior Agricultural Operative Special" shall mean an operative appointed as such by the employer. A Senior Agricultural Operative Special shall have at least 10 years' experimental farm work experience (or an approved equivalent of knowledge and experience) as agreed between the parties and shall be able to work with a minimum of supervision.

(19)             “Spouse” includes de facto partner.

PART 2 – CONTRACT OF EMPLOYMENT

5. – ENGAGEMENT

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

(2)                At the time of engagement, the employer will advise the employee in writing of the basis on which the employee is engaged.

(3)                (a)  An employer may direct an employee to carry out such duties which 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 function, 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.

 (d)  The above duties may also include Residential Hostel Manager as per clause 16, subclause (4).

6. – CASUAL EMPLOYEES

(1)                A casual employee shall mean an employee for whom less than four weeks' continuous work is provided by the employer.

(2)                Casual employees shall receive 25% in excess of the rate prescribed for their class of work.

(3)                The engagement of a casual employee shall be by the day.

7. – PART TIME EMPLOYEES

(1)                A part time employee means an employee who is regularly employed for a period of less than 38 hours per week.

(2)                A parttime employee shall be allowed the prescribed Public Holidays without deduction of pay in respect

of each holiday, which is observed on a day ordinarily worked by the part-time employee.

8. – TERMINATION

(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:

(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 8(1).

(3)                Payment in lieu of the notice prescribed in clause 8(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)                This clause does not affect the right to dismiss for misconduct and in such cases wages shall be paid up to the time of dismissal only.

9. – STAND DOWN

(1)                The employer shall be entitled to deduct payment for any day or portion of a day on which the employee cannot be usefully employed because of any strike or through the breakdown of the employer's machinery or any stoppage of work by any cause which the employer cannot reasonably prevent.

(2)                During the school vacation periods the Education Department shall be relieved of the obligation to provide work and the employee shall not be entitled to the payment of wages in respect to such period during which no work is performed other than any period during which the employee is on annual leave.

PART 3 – HOURS OF WORK

10. – HOURS

(1)                The ordinary working hours of employees other than rostered employees shall be 38 each week to be worked in 5 days Monday to Saturday inclusive, but exclusive of a meal break of not more than 1 hour or not less than one half hour.

(2)                (a) The ordinary hours of work for rostered employees shall not exceed 76 per fortnight and shall be worked on not more than 10 days Monday to Sunday inclusive.

 (b) In addition to 1 break for a meal, there shall not be more than 1 break in any day, such a break to be not less than 2 hours' duration.

(3)                (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) The union or employee or employees covered by this award shall not 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.

 (c) The ordinary hours of duty of rostered employees shall be set out in a roster which shall be posted in a convenient place or provided electronically, provided it can be readily accessed by the employees concerned. The roster must set out the time each rostered employee starts and finishes each day, together with the appropriate consecutive days off duty. Provided that the roster may be altered on account of contingencies which the employer could not reasonably foresee. Such altered time shall then become the rostered time.

11. – ROSTERED DAY OFF ARRANGEMENTS

(1)                The ordinary hours shall be worked within a 20-day cycle of 80 hours on each of the first 19 days in each cycle with 0.4 of 1 hour of each such day worked accruing as an entitlement to take the 20th day in each cycle as a paid day off as though worked.

(2)                The employer is responsible for the preparation of the roster which will allow a rostered day off duty in each 20-day cycle for rostered and non-rostered employees.

(3) (a) The rostered day off will be observed on either the first or the last working day of the week. An                              employee is not required to accumulate a full credit prior to being entitled to a rostered day off.

 (b)  However, during periods of seeding, harvesting or shearing due to the operational requirements of the employer, employees will accumulate the rostered days off which will be taken in conjunction with annual leave or another mutually agreed period. The employer and employee will mutually agree as to when the days in lieu of the rostered days off will be taken, however such leave will be taken subject to the routine operational requirements of the employer.

 (c)  All leave in lieu of the rostered days off will be taken as full day credit entitlements, an employee will not be entitled to such leave on a pro-rata credit basis. However an employee who has not worked or regarded as having not worked a complete 20-day per work cycle in accordance with the provisions of this agreement shall receive pro-rata accrued entitlements for each such day worked or regarded as having been worked.

 (d)  Should an employee be required to work during periods of leave in lieu of the rostered days off, no overtime will be paid and the employee by agreement with the employer will be re-rostered off duty at a mutually convenient period.

(4)                The maintenance of the rosters shall be the responsibility of the employer and alterations may be made to meet the needs of the employer.

(5)                Where to meet the needs of the employer the employee is required to work on their rostered day off, no overtime will be paid and that employee will be re-rostered for another day off duty within 10 working days. A re-rostered day will be the first or last working day of the week unless another day is agreed between the employer and the employee.

(6)                There will be no rostered day off duty applicable to employees whilst on long service leave nor any credit accumulated for such periods of leave.

(7)                An employee shall accrue an entitlement or 24 minutes per day whilst on personal leave towards their rostered day off. However, the employees personal leave entitlement will be debited by 8 hours.

(8)                Any dispute concerning rosters shall be dealt with under the Dispute Resolution Procedure in clause 47.

(9)                No higher duties allowance will be payable to employees required to act in another position when the occupant of that position is on a rostered day off duty.

(10)             Part time employees and casual employees will be paid for hours actually worked and the provisions of this clause shall not apply.

(11)             Employees whilst on workers compensation or leave without pay will not be entitled to rostered days off nor shall any credit accumulate for such periods of leave.

(12)             The only allowance payable to employees on a rostered day off shall be those provided by Clause 23. – Camping Allowance and Clause 24. – District Allowance.

(13)             An employee rostered off duty for a particular day is not entitled to claim personal leave or bereavement leave in substitution for the rostered day off.

(14)             Overtime provisions will not apply to employees until after 8 hours have been worked in that day and shall only apply to that time in excess of 8 hours.

12. – SPREAD OF SHIFTS

(1)                The daily spread of shifts shall mean the period between the time when the employee first commences work and the time when the employee finishes work for the day.

(2)                The daily spread of shifts shall not exceed 12 hours.

(3)                The provisions of this clause shall not apply to employees engaged in dairy operations on agricultural research stations covered by this award.

13. – ADDITIONAL RATES FOR ORDINARY HOURS

(1)                Kitchen Staff required to work any of their ordinary days between 7.00 p.m. and 7.00 a.m. Monday to Friday both inclusive shall be paid at the rate of an extra $1.13 per hour for each hour worked.

(2)                All ordinary hours of rostered work on Saturdays or Sundays, shall be paid for at an extra 50%.

(3)                The foregoing rates shall not be in addition to the rates prescribed for casual employees.

14. – OVERTIME

(1)                All time worked in excess of eight hours on any day Monday to Friday shall be paid for at the rate of time and a half for the first two hours and double time thereafter.

(2)                All time worked outside ordinary hours of duty on a Saturday before 12.00 noon shall be paid for at the rate of time and a half for the first two hours and double time thereafter. All time worked outside ordinary hours after 12.00 noon on a Saturday or on a Sunday shall be paid for at the rate of double time.

(3)                Overtime worked on a public holiday as provided by clause 33. – Public Holidays, shall be paid for at the rate of time and one-half in addition to the employee's ordinary hourly award rate.

(4)                All work performed by a rostered employee on any day on which the employee is rostered off duty shall be paid for at the rate of double time.

(5)                An employee of the Department of Education shall be entitled to payment of a minimum of 3 hours at ordinary overtime rates when required to attend an emergency call outside of the normal rostered hours and rostered overtime if the Principal authorises the emergency, and neither the Farm Supervisor nor their assistant is able to attend.

15. – SHIFT WORK

(1)                The employer may if the employer so desires work any employees on shifts and shall give the Union notice of the intention to do so and advise of intended starting and finishing times or ordinary working hours of the respective shifts.

(2)                When a shift commences on or after 12.00 noon on any day a loading at the rate of 15% of one fifth of the rate of wage for the classification in which the employee is employed shall be paid.

(3)                All shifts worked on a Saturday, Sunday shall be paid a loading at the rate of 50% of the employee's hourly wage for all hours worked on that shift. This penalty shall apply in lieu of the allowance provided in subclause (2) of this clause.

(4)                All shifts worked on a public holiday shall be paid a loading at the rate of 150% of the employee's hourly wage for all hours worked on that shift. This rate shall be paid in lieu of the loading provided by subclause (2) of this clause.

(5)                The employer may operate split shifts within establishments conducting dairy operations. Where a split shift pattern is used an allowance of $9.75 per split shift shall be paid for that day.

(6)                An employee who proceeds on a period of annual leave and who could have worked on shift work during the nominated period of leave had the employee not been on leave shall be paid the shift loadings prescribed by this clause that the employee would have received had the employee remained at work.

PART 4 – WAGES, ALLOWANCES AND FACILITIES

16. – WAGES

(1)                Department of Primary Industries – rates per week -increments based on service:

(2)                Department of Education – rates per week -increments based on performance provided that for entry to the level of (d) hereof the employee shall hold the appropriate qualification:

(3)                Department of Education – rate per week-increments based on performance:

(4)                Employees of the Department of Education performing Residential Hostel Manager’s duties shall be entitled to payment in accordance with the rates and conditions prescribed by the School Education Act Employees’ (Teachers and Administrators) General Agreement 2023 or its replacement industrial agreement.

(5)                (a)  For the purposes of (2) and (3) hereof, the following is to apply:

  Assessment Within Levels

It is agreed that a performance management system should be used to assess the employee's performance and suitability to move from one increment point (A, B or C) to another within a particular level.

The personnel involved in assessing Agricultural Training Officers shall be the Principal (or nominated representative) and the Farm Supervisor (or Agricultural Teacher) at the establishment.

(b)  A copy of this assessment and relevant documents will be sent to the employer's Head Office and the employee shall be entitled to the next annual increment.

(c)  In the event of an assessment that the performances has been unsatisfactory, the employee will be given 3 months to show an improvement and be reassessed for their increment and suitability to continue employment in that capacity.

(d)  Employees will be subject to periodic review in order to receive an increment.

(6)             (a) Assessment to a Higher Classification

The assessment procedure should be read in conjunction with the "definitions" and "wages" clauses of this award.

(b) The assessment will be based on criteria established by the National Core Curriculum or equivalent National Competency Standards relevant to agriculture and consistent in every instance of assessment. Success will be determined by the criteria outlined and tested by relevant curriculum or standards. In addition to the criteria outlined in the National Core Curriculum or Competency Standards, the employer may assess the Agricultural Training Officer's ability to demonstrate to and communicate with the students.

(c) Reasons for the decision are to be made available to the Agricultural Training Officer.

(d) The assessment report will then be forwarded to the Co-ordinator of Agricultural Education to be processed as a reclassification. Further increments within the level, (excluding and unless Level 4) will be subject to annual review; however the progression from one classification to another is not restricted by a qualifying time period.

(e) In the event that an employee wishes to appeal against the result of the assessment, the following is to apply:

(i) The employee shall forward to the Co-ordinator of Agricultural Education for receipt within 14 days of the decision being made, a written statement outlining the reason and grounds for disputing the decision.

(ii)  On receipt of such written statement, the employer shall notify the Union of that fact.

(iii)  The employer may require the original decision maker to comment in writing to the Co-ordinator stating the reasons for unsuccessful assessment.

(iv) A review panel will then be appointed to reassess the claim.

(v) The decision of the review panel will be accepted by the employer and by the Union as final.

(vi) Nothing in the foregoing shall be construed so as to limit or pre-empt the rights of any employee pursuant to the Industrial Relations Act 1979 (WA).

17. – MINIMUM 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 $953.00 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 $953.00 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 on and from the commencement of the first pay period on or after 1 July 2025.

(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 employees or employees who are remunerated wholly on the basis of payment by result, 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 (WA).

(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 (WA).

(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 2025 State Wage order decision. 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 full-time apprentice aged 21 years or more working under an award that provides for a 38-hour week is $791.30 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 $791.30 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 on and from the commencement of the first pay period on or after 1 July 2025.

(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.

18. – JUNIOR EMPLOYEES

(1)                The minimum rate of wage payable to Junior Employees engaged in a classification prescribed by Clause 16. – Wages  of this Award shall be the following percentage of the prescribed wage for an adult employee doing the same class of work:

(2)                Provided that the rate for junior employees appointed to the calling of General Operative Grade II shall after 12 months' experience unless reclassified to General Operative Grade I be calculated as a percentage of the relevant Grade I rate for their classification of work.

19. – APPRENTICES

(1)                Subject to the provisions of this clause, Part 4 Division 3 of the Vocational Education and Training (General) Regulations 2009 as amended from time to time is incorporated in and forms part of this Award.

(2)                Apprentices may be taken to the trade of cooking and farming.

(3)                Apprentices may be taken in the ratio of one apprentice for every two or fraction of two trade qualified employees and shall not be taken in excess of that ratio unless the union concerned so agrees.

(4)                Every agreement of apprenticeship shall be for a period of three or four years.

(5)                Apprentices’ weekly rate shall be a percentage as hereunder of the applicable tradesperson's rate:

(a)         Four Year Term - %

First year 42

Second year 55

Third year 75

Fourth year 88

(b)         Three Year Term - %

First year 55

Second year 75

Third year 88

20. – SUPPORTED WAGE

(1)                Workers Eligible for a Supported Wage

This clause defines the conditions that will apply to officers who, because of the effects of a disability, are eligible for a supported wage under the terms of this clause. In the context of this clause, the following definitions will apply:

"Supported Wage System" means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in DES Supported Wage System for Open Employment Assessment Guidelines.

"Approved Assessor" means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessment of an individual's productive capacity within the Supported Wage System;

"Disability Support Pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme; and

"Assessment Instrument" means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

(2)                Eligibility Criteria

Officers covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the officer is engaged under the Award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension. (This clause does not apply to any existing officer who has a claim against the employer, which is subject to the provisions of workers' compensation legislation, or any provision of the Award relating to the rehabilitation of officers who are injured in the course of their current employment).

(3)                Supported Wage Rates Officers to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by the Award for the class of work, which the person is performing according to the following schedule:

Assessed Capacity (clause 20.4)   % of Prescribed Award Rate

10%*       10%

20%       20%

30%       30%

40%       40%

50%       50%

60%       60%

70%      70%

80%       80%

90%       90%

(Provided that the minimum amount payable shall be not less than the amount determined under s50A(1)(a)(iii) of the Industrial Relations Act 1979).

*Where a person's assessed capacity is 10%, they shall receive a high degree of assistance and support.

(4)                Assessment of Capacity

For the purpose of establishing the percentage of the Award rate to be paid to the officers, the productive capacity of the officer will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:

(a)  the employer and the union, in consultation with the officer, or if desired by any of these; or

(b)  the employer and an Approved Assessor from a panel agreed by the parties to the Award and the officer.

(5)                Lodgement of Assessment Instruments

All assessment instruments under the conditions of this clause, including the appropriate percentage of the Award wage rate to be paid to the officer, shall be lodged by the employer with the Registrar of the Commission.

All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where the union is not a party to the assessment, it shall be referred by the WAIRC to the union by certified mail and shall take effect unless an objection is notified to the WAIRC within 10 working days.

(6)                Review of Assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

(7)                Other Terms and Conditions of Employment

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Officers covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other officers covered by the Award paid on a pro rata basis.

(8)                Workplace Adjustment

An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the officer's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other officers in the area.

(9)                Trial Period

In order for an adequate assessment of the officer's capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.

During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

The minimum amount payable to the officer during the trial period shall be no less than the amount determined under s 50A(1)(a)(iii) of the Industrial Relations Act 1979.

Work trials should include induction or training as appropriate to the job being trialled.

Where the employer and officer wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under subclause 20(5).

21. – PAYMENT OF WAGES

Wages shall be paid fortnightly into a nominated account of an approved building society, credit union or bank.

22. – TIME AND WAGES RECORDS

(1)                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).

(2)                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).

23. – CAMPING ALLOWANCE

(1)                Employees who are required to camp or live at the site of any work either by direction of the employer, or because no reasonable transport facilities are available to enable them to proceed to and from their homes each day, shall be paid a camping allowance of $208.50 for every complete week they are available for work. Such weekly allowance is to cover the disability of living in a camp, the cost of food and incidentals and any fares incurred at the weekend by employees travelling away from camp to their homes and return.

(2)                An employee who is absent from duty without the employer’s approval on the working day immediately prior to or succeeding a weekend shall be paid as follows:

If required to be in camp for less than a complete week, they shall be paid $29.70 per day, including any Saturday or Sunday if in camp and available for work on the working days immediately preceding and succeeding such Saturday and Sunday.             
 

(3)                Provided however, where an employer, at their own cost provides the employee with a proper mess room and cooks the employees’ food free of charge, the allowance provided in subclause (1) hereof shall be reduced to $114.20 per week or $16.20 per day as the case may be.

(4)                Notwithstanding the provisions elsewhere prescribed in this clause, if an employer elects to provide full board and suitable lodgings, the allowances prescribed herein shall not be payable.

24. – DISTRICT ALLOWANCE

The conditions governing the granting of District Allowance to Government Wages employees in the District Allowance (Government Wages Employees) General Agreement 2010 shall apply to employees covered by this award.

25. – SPECIAL ALLOWANCES

Employees covered by this Award shall be entitled to the terms and conditions prescribed by the Public Service Award 1992 and as varied or replaced thereafter provided that such is authorised by the employee’s supervisor or the employer.

26 – HIGHER DUTIES

Where an employee is directed to do and does on any one day for a time exceeding two consecutive hours in the aggregate, work for which a higher rate is prescribed under this Award than for other work done by them on that day, the employee shall be paid at not less than the higher rate for all work done by them on that day.

27. – TRANSPORT COSTS

(1)                The employer shall pay transport costs or shall provide transport free of charge from the place of engagement to the place of work and when the employee's services are terminated because there is no further work available, return fares or transport to the place of engagement shall also be paid or provided by the employer: Provided that in the event of any employee leaving the work at their own accord, or being dismissed on account of misconduct or unsatisfactory work within three months in the case of an employee working south of south latitude 26° and within 6 months in the case of an employee working north of south latitude 26° of engagement, the employee shall forfeit privileges of free return to the place of engagement.

(2)                (a) When an employee is transferred to suit the convenience or in the interests of the employer, the actual reasonable cost of conveyance of such employee as well as their spouse and children dependent upon them shall be paid by the employer.

(b) By arrangement with the employer the cost of transferring necessary household furniture and effects shall be paid by the employer.

(3)                If employees are transferred to another job at their own request they shall not be entitled to fares or any allowances under this clause.

28. – EMERGENCY TRANSPORT

In cases of accident whilst on duty the employer shall pay the cost of transport of any injured employee to the nearest hospital: Provided that when it is deemed necessary by the relevant manager that an attendant shall accompany the injured employee the employer shall pay the cost of transport of such attendant and such wages not exceeding 8 hours per day for the actual time occupied on the journey and any reasonable out of pocket expenses incurred.

29.– FIRST AID KIT

(1)                (a) The employer shall provide and maintain a first aid kit which shall be kept readily accessible and shall be open for inspection by an officer of the union.

(b) The contents of the first aid kit shall be such as to comply with the requirements of the Work Health and Safety (General) Regulations 2022.

(2)                At any outcamp, in addition to the first aid kit referred to in paragraph (b) of subclause (1) of this clause the employer shall provide a collapsible stretcher for the use of sick or injured employees.

30. – WATER SUPPLY

The employer shall supply a source of potable water at each work site.

31. – PROTECTIVE CLOTHING

(1)                Where in the opinion of the relevant manager the work is of such a nature that some form of protective clothing is necessary the said manager may as they consider it necessary issue any of the following to the employees concerned:

Overalls

Leather gloves

Leather aprons

Waterproof boots.

(2)                The equipment supplied pursuant to subclause (1) of this clause shall remain the property of the employer.

32. – HERBICIDES AND PESTICIDES

(1)                An employer who requires an employee to use a pesticide shall:

(a)                 inform the employee of any known health hazards involved and

(b)                ascertain from the Department of Health whether and, if so, what protective clothing or equipment should be worn during its use.

(2)                Pending advice from the Department, the employer may require the pesticide to be used if the employer informs the employee of any safety precautions specified by the manufacturer of the pesticide and instructs the employee to follow those precautions.

(3)                The employer shall supply the employee with any protective clothing or equipment required pursuant to paragraph (1) or (2) and, where necessary, instruct the employee in its use.

PART 5 – LEAVE AND PUBLIC HOLIDAYS

33. – PUBLIC HOLIDAYS

(1)                The public holidays provided for in accordance with Schedule 1 Public Holidays of the Minimum Conditions of Employment Act 1993 (WA) shall be allowed as public holidays without deduction of pay. 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.

(2)                (a)  Where any of the days mentioned in subclause (1) hereof, other than Easter Sunday, falls on a Saturday or a Sunday the public holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday, the public holiday shall be observed on the next succeeding Tuesday.

(b) When any of the days observed as a public holiday as prescribed in this clause falls on a day when a rostered employee is rostered off duty and the employee has not been required to work on that day the employee shall be paid as if the day was an ordinary working day or if the employer agrees be allowed to take a day's holiday in lieu of the public holiday at a time mutually acceptable to the employer and the employees.

(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 full-time, part-time, 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 who is required to work on the day observed as a public holiday as prescribed in this clause in their normal hours of labour or ordinary hours in the case of a rostered employee shall be paid for the time worked at the rate of double time and a half or if the employer agrees be paid for the time worked at the rate of time and a half and in addition be allowed to observe the holiday on a day mutually acceptable to the employer and the employee.

(7)                When an employee is absent on leave without pay, personal leave without pay or worker's compensation, any day observed as a public holiday on a day falling during such absence shall not be treated as a paid holiday. Where the employee is on duty or 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 day observed as a public holiday as prescribed by this clause the employee shall be entitled to be paid for such holiday.

(8)                The additional payments, prescribed in subclause (2)(c), (6) and (7) of this clause shall be in substitution for any additional payment for work done on any afternoon and/or night shift.

(9)                This clause shall not apply to casual employees.

34. – ANNUAL LEAVE

(1)                Annual leave is as provided for in the Minimum Conditions of Employment Act 1993 (WA).

(2)                In addition to the payment prescribed for annual leave, an employee shall receive a loading of 17.5% calculated on the ordinary rate of pay.

The loading prescribed by this subclause shall not apply to proportionate leave on termination except where the employee has reached age 55 and has elected to retire.

(3)                Employees whose work locations are north of 26° south latitude shall receive an additional one week's annual leave.

The loading prescribed in subclause (2) of this clause shall not apply to the additional leave prescribed in this subclause.

(4)                When work is closed down for the purposes of allowing annual leave to be taken, employees 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 of the employer’s right to retain such employees during the close down period as may be required.

(5)                Annual leave prescribed by this clause may be taken by mutual agreement.

(6)                Shift employees who are regularly rostered to work on Sundays and public holidays shall be allowed one week's leave in addition to that prescribed in subclause (1) of this clause.

(7)                When computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the period an employee is on annual leave, observing a public holiday prescribed by this award, absent on paid or unpaid personal leave except for the portion of an absence on unpaid personal leave that exceeds three months, and in the case of employees of the Education Department time spent during school vacations when no work is available. An employee who is on leave without pay for more than 14 consecutive days will not accrue Annual Leave credits under this clause.             
 

(8)                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:

•                      is taken not to be on paid annual leave on that public holiday; and

•                      is entitled to be absent from work on that public holiday; and

•                      is entitled to be paid for that public holiday in accordance with clause 33

(9)                The provisions of this clause shall not apply to casual employees.

35. – TRAVEL CONCESSIONS (DEPARTMENT OF PRIMARY INDUSTRIES)

(1)                The travel concessions contained in the table at sub-clause (6) of this clause are provided to employees and their dependants when proceeding on annual leave to either Perth or Geraldton from headquarters situated in District Allowance Areas 3, 5, and 6, and in that portion of Area 4 located north of 30° South Latitude.

(2)                Employees are required to serve a year in these areas before qualifying for travel concessions; however, employees who have less than a year's service in these areas and who are required to proceed on annual leave to suit employer convenience will also be allowed the concessions. The concession may also be granted to an employee who proceeds on annual leave before completing the years service provided that employee returns to the area to complete the year's service at the expiration of the period of leave.

Part time employees are entitled to travel concessions pursuant to this clause on a pro-rata basis according to the usual numbers of hours normally worked.

(3)                The mode of travel is to be at the discretion of the employer.

(4)                Travel concessions not utilised within 12 months of becoming due will lapse.

(5)                Employees, other than those designated in subclause (1) of this clause, whose headquarters are situated 240 kilometres or more from Perth General Post Office and who travel to Perth for their annual leave may be granted by the Director General, reasonable travelling time to enable them to complete the return journey.

(6)                Travel Concession Table

36. – LONG SERVICE LEAVE

The conditions governing the grant of long service leave to government wages employees generally shall apply to employees covered by this award.

37. – 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 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 34. – 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 34. – 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 serious and wilful misconduct or the employee’s gross and wilful neglect in the course of the employment.

(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).

38. – PARENTAL LEAVE

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

39. FAMILY AND DOMESTIC VIOLENCE LEAVE

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

40. – LEAVE WITHOUT PAY

(1)                Every application for leave without pay will be considered on its merits and may be granted provided the following conditions are met:

(a)                 it suits the convenience of the employer; and

(b)                all other leave credits of the employee are exhausted.

(2)                Subject to the provisions of (1) the employer may grant an employee leave without pay for a period not exceeding 12 months in any one continuous absence except for leave without pay for full time study.

(3)                Leave granted under this provision shall not count as qualifying service for the purposes of annual leave.

(4)                The effect (of leave without pay granted under this provision) on qualifying service for the purposes of long service leave is as prescribed in the Long Service Leave Conditions State Government Wages Employees General Order.

(5)                The employer may grant an employee up to three years' leave without pay to undertake full-time study, subject to a yearly review of satisfactory performance.

(6)                Subject to the provisions of (1), the employer may grant an employee who has been awarded a sporting scholarship by the Australian Institute of Sport, leave without pay not exceeding 12 months in any one continuous absence.

41. – LEAVE FOR INTERNATIONAL SPORTING EVENTS

(1)                Special leave with pay may be granted by the employer to an employee chosen to represent Australia as a competitor or official at a sporting event which meets the following criteria:

(a)                 it is a recognised international amateur sport of national significance; or

(b)                it is a world or international regional competition; and

(c)                 no contribution is made by the sporting organisation towards the normal salary of the employee.

(2)                The employer shall liaise with the Department of Creative Industries, Tourism and Sport when determining:

(a)                 whether the application meets the above criteria; and

(b)                the period of leave to be granted.

42. – BEREAVEMENT LEAVE

Bereavement leave is as provided for in the Minimum Conditions of Employment Act 1993 (WA).

43. – LEAVE FOR TRAINING WITH DEFENCE FORCE RESERVE

(1)                The Employer must grant leave of absence for the purpose of defence service to an Employee who is a volunteer member of the Defence Force Reserves or the Cadet Force. Defence service means service, including training, in a part of the Reserves or Cadet Force.

(2)                Leave of absence may be paid or unpaid in accordance with the provisions of this clause.

(3)                Application for leave of absence for defence service must, in all cases, be accompanied by evidence of the necessity for attendance. At the expiration of the leave of absence granted, the Employee must provide a certificate of attendance to the Employer.

(4)                Paid Leave

(a)                 An Employee who is a volunteer member of the Defence Force Reserves or the Cadet Force is entitled to paid leave of absence for defence service, subject to the conditions set out hereunder.

(b)                Part-time Employees must receive the same paid leave entitlement as full-time Employees, but payment shall only be made for those hours that would normally have been worked but for the leave.

(c)                 On written application, an Employee must be paid salary in advance when proceeding on such leave.

(d)                Casual Employees are not entitled to paid leave for the purpose of defence service.

(e)                 An Employee is entitled to paid leave for a period not exceeding 106.4 hours on full pay in any period of 12 months commencing on 1 July in each year.

(f)                 An Employee is entitled to a further period of leave, not exceeding 16 calendar days, in any period of 12 months commencing on July 1. Pay for this leave must be at the rate of the difference between the normal remuneration of the Employee and the defence service payments to which the Employee is entitled if such payments do not exceed normal salary. In calculating the pay differential, pay for Saturdays, Sundays, Public Holidays and rostered days off is to be excluded, and no account is to be taken of the value of any board or lodging provided for the Employee.

(5)                Unpaid Leave

(a)                 Any leave for the purpose of defence service that exceeds the paid entitlement prescribed in clause 43(4) must be unpaid.

(b)                Casual Employees are entitled to unpaid leave for the purpose of defence service.

(6)                Use of Other Leave

(a)                 An Employee may elect to use annual or long service leave credits for some or all of their absence on defence service, in which case they will be treated in all respects as if on normal paid leave.

(b)                An Employer cannot compel an Employee to use annual leave or long service leave for the purpose of defence service.

PART 6 – OTHER MATTERS

44. – SPECIAL CONDITIONS – FRANK WISE INSTITUTE OF TROPICAL AGRICULTURE

Notwithstanding the provisions contained elsewhere in this award the following conditions shall apply to employees at the Frank Wise Institute of Tropical Agriculture:

(1)                Where the needs of the employer's operations require it or the employees so elect, the ordinary hours of duty can be spread over consecutive days of:

(a)                 ten in any fourteen day cycle; or

(b)                fifteen in any twenty-one day cycle; or

(c)                 twenty in any twenty-eight day cycle.

Credits accrued for a rostered day off as provided for by Clause 11. – 19 Day, 4 Week Cycle shall be granted to the employee either at the end of the cycle for those on twenty-eight day cycle or in accordance with the roster.

(2)                For hours worked in excess of eight hours a day whilst the employee is engaged on mustering and yarding of animals the employee shall be allowed time off duty with pay equal to time worked and may be taken within the succeeding three weeks or at a time mutually agreed between the employer and the employee.

(3)                The employer may provide employees engaged on duties away from the homestead a mess arrangement for keep, in such circumstances the employer will provide good sufficient rations at cost price to the employee as arranged by the Research Station manager through messing facilities.

(4)                (a) The employer will arrange for one employee to perform all the duties associated with preparation, cooking and serving of food and cleaning utensils, etc.

(b) No camping allowance shall be paid to the employees covered by such an arrangement and mess charges shall be deducted from the employee's wages.

(5)                Notwithstanding the provisions of clause 21. – Payment of Wages, employees may elect to have their wages directly paid by cheque.

45. – STUDY ASSISTANCE

Employees covered by the terms of award this shall be entitled to study leave in accordance with the Government wages employees study leave provisions as set by administrative instruction.

46. – CONSULTATIVE COMMITTEE

(1)                The employers shall establish a consultative mechanism.

The consultative mechanism is to be used by the parties to the award to co-operate positively to increase the efficiency and productivity of the enterprise.

(2)                The Role of the Consultative Committee

The role of the consultative committee shall include, but not be limited to, the following:

(a)                 Be a focal point for the collection of information and its dissemination to all employees.

(b)                Will discuss any major change in organisation structure or technology.

(c)                 Shall be used as a forum to discuss any issue which impacts significantly on the work practices of employees.

47. – DISPUTE RESOLUTION PROCEDURE

(1)                The following procedures shall apply in connection with questions, disputes or difficulties arising under this award.

(a)                 The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.

(b)                (i) If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.

 (ii) Discussions at this level will take place as soon as practicable.

(2)                The terms of any agreed settlement should be jointly recorded.

(3)                Any settlement reached which is contrary to the terms of this award shall not have effect unless and until that conflict is resolved to allow for it.

(4)                Nothing in this clause shall be read so as to exclude an organisation party to or bound by the award from representing its members.

(5)                Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission provided that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.

SCHEDULE A. – RESPONDENTS

Department of Primary Industries and Regional Development

Department of Education

Department of Treasury and Finance

Muresk Institute/Department of Training and Workforce Development

SCHEDULE B. – PARTIES TO THE AWARD

Union Party to the Award

The Australian Workers' Union, West Australian Branch, Industrial Union of Workers