School Employees (Independent Day & Boarding Schools) Award, 1980

1. - TITLE

This award shall be known as the School Employees (Independent Day & Boarding Schools) Award, 1980 and shall replace Award No. 33 of 1959.

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 $726.90 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 $726.90 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 2018.

(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 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.

(a) 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.

(6) 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.

(7) 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.

(8) 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 2018 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.

(9) 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 $621.10 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 $621.10 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 2018.

(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.

2. - ARRANGEMENT

1. Title1B. Minimum Adult Award Wage2. Arrangement3. Term4. Area5. Scope6. Contract of Employment6A. Definitions7. Hours8. Rosters9. Meals10. Overtime11. Meal Money12. Mixed Functions13. Under-Rate Workers14. Part-Time Employees15. Casual Workers16. Annual Leave17. Public Holidays18. Sick Leave19. Long Service Leave20. Bereavement Leave21. Maternity Leave22. Payment of Wages

23. Right of Entry24. Board and Lodging25. Uniforms26. Time and Wages Records27. Junior Worker’s Certificate28. Notices29. Weekend Work30. Protective Clothing31. Location Allowances32. Wages33. Fares and Motor Vehicle Allowances34. Superannuation35. Consultative Provisions36. Redundancy37. Introduction of Change

Appendix – Resolution of Disputes RequirementsSchedule A – Parties to the AwardSchedule B – RespondentsSchedule C – Liberty to ApplyAppendix – S.49B – Inspection of Records Requirements

3. - TERM

This award shall be for a term of two years from the first pay period to commence on or after April 10, 1980.

4. - AREA

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

5. - SCOPE

This award shall apply to Cooks, Groundsmen and/or Gardeners and Domestic Employees employed by Independent Day and Boarding Schools.

6. - CONTRACT OF EMPLOYMENT

(1) Except in the case of dismissal for misconduct an employee's service shall not be terminated unless she has received one week's previous notice or payment for such period in lieu thereof.

(2) Except by agreement with the employer no employee shall resign without first giving one week's notice and in the absence of such notice the employer may withhold holiday or other pay up to the amount of a week's wages.

(3) Except for subclause (8) and subject to paragraph (c) of subclause (9), this clause shall not apply to casual employees.

(4) Notwithstanding the foregoing, during the first four weeks of employment, an employer may dismiss an employee or an employee may leave the employment by either one giving the other not less than one hour's notice.

(5) Subject to the provisions of subclause (5) of Clause 7. - Hours of this award, during the school vacation periods the employer shall be relieved of the obligation to provide work and the employee shall not be entitled to the payment of wages in respect of any such period during which no work is performed other than any period during which the employee is on annual leave or a public holiday which falls on a

day the employee would normally have worked. Provided that the maximum period covered by this subclause shall be four weeks in any one year.

(6) Where an employee is dismissed for misconduct, wages shall be paid up to the time of dismissal.

(7) The employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award; provided that such duties are not designed to promote de-skilling.

(8) Statement of Employment

An employer shall, in the event of termination of employment, provide upon request to the employee who has been terminated a written statement specifying the period of employment and the classification or type of work performed by the employee.

(9) Job Search Entitlement

(a) During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

(c) This subclause shall not apply to casual employees who have not completed more than 4 weeks’ continuous service.

6A. - DEFINITIONS

Head Groundsperson

Shall mean a person in charge of the grounds of a large school who would be responsible for the supervision of all grounds staff. The person would have qualifications and/or experience in horticulture, preparation of turf wickets and lawn tennis courts, and could have the responsibility for a full size swimming pool.

Senior Groundsperson (Grade 2)

Shall mean a person in charge of the grounds of a small school or section of a large school and who has completed an apprenticeship in horticulture or other relevant horticultural qualifications or who has substantial relevant experience within the horticultural or related industries to such an extent as would justify Grade 2 status. Would have at least one full-time equivalent groundsperson under supervision. The senior groundsperson could have responsibility for the maintenance of a swimming pool and lawn tennis courts, or equivalent levels of responsibility.

Senior Groundsperson (Grade 1)

Shall mean a person in charge of the grounds of a small school or section of a large school who does not have the qualifications or experience required for the Senior Groundsperson Grade 2 classification. Would have at least one full-time equivalent groundsperson under supervision. The senior groundsperson could have responsibility for the maintenance of a swimming pool and lawn tennis courts, or equivalent levels of responsibility.

Gardener/Groundsperson (Grade 2)

Shall mean a person working as a gardener/groundsperson in a large school, who for a significant proportion of the hours of duty is required to operate large ride on mowers, tractors, gang mowers, trucks and/or other similar or related vehicles.

A person who is required irregularly to operate such machinery or vehicles would not be classified Grade 2.

Gardener Groundsperson (Grade 1)

Shall mean a person working under supervision in gardens, grounds or maintenance; or a gardener/groundsperson working in a school under the direction of the head teacher or school manager.

First Cook (Grade 2)

Shall mean a person who is appointed as the senior cook in a school, who holds formal qualifications in cooking/catering or who has substantial relevant experience within the catering or related industries to such an extent as would justify Grade 2 status. A person without qualification would normally require a minimum of 5 years' experience to justify such status. This person could be required to supervise other staff and assist with the ordering of catering supplies.

First Cook (Grade 1)

Shall mean a person appointed as First Cook or Cook working alone who does not have the qualifications or equivalent experience required for classification of First Cook (Grade 2).

Tradesperson Cook

Shall mean a First Cook, Grade 2 who has completed an apprenticeship in cooking, baking or pastry cooking.

7. - HOURS

(1) Subject to this award, the ordinary working hours for full-time employees shall be an average of 38 hours per week, to be worked in not more than 40 hours in any week, or eight in any day and shall be worked on any five days of the week.

(2) Subject to clause 10. - Overtime, the spread of shift in any one day shall not exceed twelve and one-half hours.

(3) In addition to meal breaks there may be one break of at least two hours in each shift for kitchen and dining room workers.

(4) A morning tea break shall be allowed by the employer. The time allowed for such break shall not exceed ten minutes which shall be taken when convenient to the employer without deduction of pay for such time.

(5) As the means of working a 38 hour week, a full-time employee who works 40 hours per week, shall be entitled to payment including shift and weekend penalties for the following days on which the employee shall not be required to attend for work:

(a) Three agreed days during the first school term vacation in each year.

(b) Two agreed days during each of the other school term vacations.

(c) Five agreed days during the Christmas vacation.

(6) In lieu of the provisions of subclause (5) of this clause and notwithstanding other provisions of this award and by agreement between an employer and a majority of employees covered by this award at a workplace, as a means of working a 38 hour week the following may apply:

(a) with at least seven days' notice to the Union by the employer, the hours of work may be arranged so that an employee works 76 hours over nine days each fortnight with the 10th day off on full pay; or

(b) with at least seven days' notice to the Union by the employer, the hours of work may be arranged so that an employee works 152 hours over 19 days in each four week period with one day off on full pay in conjunction with other day(s) off work; or

(c) by agreement with the Union, the hours of work may be arranged so as to provide any other form of implementation of a 38 hour week.

(7) (a) A part-time employee shall be given payment for the days referred to in subclauses (5) and (6) of this clause in the proportion that the hours worked each week bear to 40. A part-time employee shall be granted the days referred to in subclauses (5) and (6) of this clause in the proportion that the number of days worked each week bears to five.

(b) By agreement in writing between the employer and the employee, a part-time employee who works 30 hours per week or less may be paid for all hours worked at the 38 hour week rate in lieu of payment for the days prescribed in subclauses (5) and (6) of this clause.

8. - ROSTERS

(1) A roster of the working hours shall be exhibited in the office of each establishment and in such other place as it may be conveniently and readily seen by each worker concerned.

(2) Such roster shall show -

(a) the name of each worker; and

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

(3) (a) The roster in the office shall be open for inspection by a duly accredited representative of the union at such times and place as the record book is so open for inspection.

(b) A duly accredited representative of the union shall be permitted to inspect the roster available to the workers not more than once in any week during the times the record book is so open for inspection.

Provided that the duly accredited representative must notify the employer before entering the place where the roster is kept.

(4) Such roster shall be drawn up in such manner as to show the hours of each worker for one week in advance of the date of the roster, and may only be altered on account of the sickness or absence of a worker, or on account of any contingency that the employer could not reasonably foresee, or due to private arrangement between the workers themselves.

9. - MEALS

A break of at least one-half hour but not more than one hour shall be allowed for each meal. The midday meal shall be between the hours of 11.30 a.m. and 2 p.m. No worker shall be required to work more than five hours without a break for a meal.

10. - OVERTIME

(1) All work done outside the daily spread of hours provided in Clause 7 - Hours of this award, or beyond eight hours in any one day or beyond 40 hours in any one week shall be deemed overtime.

(2) Overtime shall be paid for at the rate of time and one-half for the first two hours and double time thereafter provided that all overtime worked on Saturday and Sunday shall be paid for at the rate of double time.

(3) All work performed by any worker on her/his rostered days off or on days worked in excess of those provided in Clause 7 - Hours of this award, shall be paid for at the rate of double time except where such day is a public holiday when double time and one-half shall be paid.

(4) A worker who is recalled to work outside her/his normal hours of work shall be paid for a minimum of three hours at overtime rates and for all reasonable expenses incurred in returning to work. Provided that this subclause does not apply to workers recalled as part of their normal duties.

11. - MEAL MONEY

(1) Subject to the provisions of subclause (2) of this clause an employee, required to work overtime for more than two hours, shall be supplied with a meal by the employer or be paid $10.20 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with such meal by the employer or paid $7.00 for each meal so required.

(2) The provisions of subclause (1) of this clause do not apply:

(a) in respect of any period of overtime for which the employee has been notified on the previous day or earlier that he/she will be required; or

(b) to any employee who lives in the locality in which the place of work is situated in respect of any meal for which he/she can reasonably go home.

(3) If an employee to whom paragraph (a) of subclause (2) of this clause applies has, as a consequence of the notification referred to in that paragraph, provided himself/herself with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, he/she shall be paid, for each meal provided and not required, the appropriate amount prescribed in subclause (1) of this clause.

12. - MIXED FUNCTIONS

(1) Workers employed at work for which a higher rate is fixed shall be paid such higher rate whilst so employed.

(2) If employed for two hours or more on the higher class of work he shall be paid the higher rate for the whole of that day.

13. - UNDER-RATE WORKERS

(1) Any worker who by reason of old age or infirmity is unable to earn the minimum wage may be paid such lesser wage as may from time to time be agreed upon in writing between the Union and the employer.

(2) In the event of no agreement being arrived at, the matter may be referred to the Board of Reference for determination.

(3) After application has been made to the Board, and pending the Board's decision the worker shall be entitled to work for and be employed at the proposed lesser rate.

14. - PART-TIME EMPLOYEES

(1) Notwithstanding anything contained in this award, employees may be regularly employed to work less hours per week than prescribed in Clause 7. - Hours of this award, and such employees shall be remunerated at a weekly rate pro-rata to the rate prescribed for the class of work on which they are engaged in the proportion which their hours of work bear to the hours fixed by Clause 7. - Hours of this award, for their class of work.

Provided that part-time employees engaged to work less than 20 hours per week shall be remunerated at a weekly rate pro-rata to the rate prescribed for the class of work on which they are engaged, plus an additional ten per cent.

(2) When an employee is employed under the provisions of this clause, he/she shall receive payment for annual leave, public holidays and sick leave on a pro rata basis in the same proportion as the number of hours regularly worked each week bears to 40 hours except where an agreement has been reached pursuant to subclause (7)(b) of Clause 7. - Hours of this award; in which case the proportion shall be based on 38 hours.

(3) Part-time employees shall be engaged for a minimum of two hours on each day on which they are required to work.

(4) Any dispute as to whether a part-time position is necessary shall be referred to the Board of Reference.

15. - CASUAL WORKERS

(1) A casual worker shall be engaged on an hourly contract of service, with a minimum payment as for four hours.

(2) A casual worker shall be paid 25% in addition to the rates prescribed for the work performed.

(3) A casual worker shall be paid for all work performed on any of the days prescribed in subclause (1) of Clause 17. - Public Holidays of this award at the rate of double time and one half.

16. - ANNUAL LEAVE

(1) (a) From 7 October 1986 and except as hereinafter provided, a period of four consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by his employer after a period of 12 months' continuous service with such employer.

(b) Employment prior to 7 October 1986 shall accrue annual leave entitlement on the basis of the then existing award provisions.

(2) A worker before going on leave shall be paid the wages he would have received in respect of the ordinary time he would have worked had he not been on leave during the relevant period.

(3) In addition to his payment for annual leave a worker shall receive a loading of 17.5% calculated on his ordinary rate of wage. Provided that where the worker would have received any additional rates for work performed in ordinary hours, as prescribed by this award, had he not been on leave during the relevant period and such additional rates would have entitled him to a greater amount than the loading of 17.5%, then such additional rates shall be added to his ordinary rate of wage in lieu of the 17.5% loading. Provided further that if the additional rates would have entitled him to a lesser amount than the loading of 17.5%, then such loading of 17.5% shall be added to his ordinary rate of wage in lieu of the additional rates.

(4) The loading prescribed by subclause (3) shall not apply to proportionate leave on termination.

(5) (a) A worker whose employment terminates after he has completed a 12 monthly qualifying period and who has not been allowed the leave prescribed under this clause in respect of that qualifying period, shall be given payment as prescribed in subclauses (2) and (3) of this clause in lieu of so much of that leave as has not been allowed unless:

(i) he has been justifiably dismissed for misconduct; and

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

(b) If after one month's continuous service in any qualifying 12 monthly period a worker lawfully leaves his employment or his employment is terminated by the employer through no fault of the worker, the worker shall be paid 3.08 hours pay at the ordinary rate of wage in respect of each completed week of continuous service for which annual leave has not already been taken.

(6) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker 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.

(7) Any time in respect of which a worker is absent from work, except time for which he is entitled to claim sick pay, or time spent on holidays, annual leave, school vacation periods or long service leave as prescribed by this award shall not count for the purpose of determining his right to annual leave.

(8) The annual leave prescribed in this clause may, by consent between the employer and employee, be taken in three portions. Provided that no portion shall be less than one week.

(9) The provisions of this clause shall apply to part-time workers on a pro rata basis in the same proportions as the average number of hours worked each week in the qualifying period bear to 40, except where an agreement has been reached pursuant to subclause (7)(b) of Clause 7. - Hours of this award; in which case the proportion shall be based on 38 hours.

(10) The provisions of this clause do not apply to casual workers.

17. - PUBLIC HOLIDAYS

(1) The following days, or the days observed in lieu shall, subject to subclause (3) hereof, 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.

(2) (a) When any of the days mentioned in subclause (1) hereof falls on a Saturday or a Sunday the holidays 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.

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

(3) A worker who, on a day observed as a holiday under this clause is required to work during his ordinary hours of work shall be paid for the time worked at the rate of double time and one half or, if he agrees, be paid for the time worked at the rate of time and one half and in addition be allowed to take a day's leave with pay on a day mutually acceptable to the employer and the worker.

(4) The provisions of this clause shall not apply to casual workers.

(5) 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;

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 purposes of this award within the district or locality specified in the proclamation.

18. - SICK LEAVE

(1) (a) A worker who is unable to attend or remain at his place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions.

(b) Entitlement to payment shall accrue at a rate of one sixth of a week for each completed month of service with the employer.

(c) If in the first or successive years of service with the employer a worker is absent on the ground of personal ill health or injury for a period longer than his entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the worker's services terminate, if before the end of that year of service, to the extent that the worker has become entitled to further paid sick leave during that year of service.

(2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the worker if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that a worker shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service.

(3) To be entitled to payment in accordance with this clause the worker shall as soon as reasonably practicable advise the employer of her inability to attend for work, the nature of her 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) The provisions of this clause do not apply to a worker who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require provided that the worker shall not be required to produce a certificate from a medical practitioner with respect to absence of two days or less unless after two such absences in any year of service the employer requests in writing that the next and subsequent absences in that year if any, shall be accompanied by such certificate.

(5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to a worker who suffers personal ill health or injury during the time when she is absent on annual leave and a worker 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 worker was confined to her place of residence or a hospital as a result of her personal ill health or injury for a period of seven consecutive days or more and she produces a certificate from a registered medical practitioner that she was so confined. Provided that the provisions of this paragraph do not relieve the worker of the obligation to advise the employer in accordance with subclause (3) of this clause if she is unable to attend for work on the working day next following her annual leave.

(c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the worker was entitled at the time he 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 worker or, failing agreement, shall be added to the worker's next period of annual leave or, if termination occurs before then, be paid

for in accordance with the provisions of clause 16. - Annual Leave and Public Holidays - Groundsmen and Gardeners and clause 17. - Annual Leave - Other Workers.

(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 16. - Annual Leave and Public Holidays - Groundsmen and Gardeners and clause 17. - Annual Leave - Other Workers, shall be deemed to have been paid with respect to the replaced annual leave.

(6) Where a business has been transmitted from one employer to another and the worker's service has been deemed continuous in accordance with subclause (3) of clause (2) of the Long Service Leave provisions published in Volume 59 of the Western Australian Industrial Gazette at pages 1-6, the paid sick leave standing to the credit of the worker at the date of transmission from service with the transmittor shall stand to the credit of the worker at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.

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

(8) For the purposes of this clause, all time during term vacation periods when a worker cannot be usefully employed, shall count as service.

(9) The provisions of this clause do not apply to casual workers.

19. - LONG SERVICE LEAVE

The Long Service Leave provisions published in Volume 59 of the Western Australian Industrial Gazette at pages 1-6 are hereby incorporated in and shall be deemed to be part of this award. Provided that all time during term vacation periods when the worker cannot be usefully employed shall count as service for the purposes of those conditions.

20. - BEREAVEMENT LEAVE

A worker shall, on the death within Australia of a wife, husband, de-facto wife or de-facto husband, father, father-in-law, mother, mother-in-law, 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 worker in two ordinary working days. Proof of such death shall be furnished by the worker to the satisfaction of the employer.

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

21. - MATERNITY LEAVE

(1) Eligibility for Maternity Leave.

A worker 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) A worker shall include a part-time worker but shall not include a worker 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 twelve 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) A worker shall, not less than ten weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement.

(c) A worker 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) A worker 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 worker make it inadvisable for the worker to continue at her present work, the worker 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 worker may, or the employer may require the worker 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 worker 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 worker 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 a worker terminates other than by the birth of a living child.

(b) Where the pregnancy of a worker then on maternity leave terminates other than by the birth of a living child, it shall be right of the worker 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 worker to the employer that she desires to resume work.

(6) Special Maternity Leave and Sick Leave.

(a) Where the pregnancy of a worker 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 a worker 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) A worker 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 a worker 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 worker 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) A worker 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 a worker 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 a worker but shall not be taken into account in calculating the period of service for any purpose of the award.

(9) Termination of Employment.

(a) A worker 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 a worker 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) A worker 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.

(b) A worker, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the worker 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.

(11) Replacement Workers.

(a) A replacement worker is a worker specifically engaged as a result of a worker proceeding on maternity leave.

(b) Before an employer engages a replacement worker under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the worker who is being replaced.

(c) Before an employer engages a person to replace a worker temporarily promoted or transferred in order to replace a worker exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the worker who is being replaced.

(d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement worker.

(e) A replacement worker shall not be entitled to any of the rights conferred by this clause except where her employment continues beyond the twelve months qualifying period.

22. - PAYMENT OF WAGES

(1) Wages shall be paid weekly or fortnightly at the option of the employer.

(2) Accompanying each payment of wages shall be a pay advice slip to be retained by the worker. On this slip the employer shall clearly detail the worker's name, hourly rate, overtime, penalties, allowances, gross wage, deductions broken down to:

(a) taxation;

(b) other;

and the net wage.

(3) On termination of employment the employer shall pay to the worker all monies payable to that worker before the worker leaves the premises or the same shall be forwarded to the worker by post on the following day.

(4) No deduction shall be made from a worker's wages unless the worker has authorised such deduction in writing.

23. - RIGHT OF ENTRY

Consistent with the terms of the Labour Relations Legislation Amendment Act 1997 and S.23(3)(c)(iii) of the Industrial Relations Act a representative of the Union shall not exercise the rights under this clause with respect to entering any part of the premises of the employer unless the employer is the employer, or former employer of a member of the Union.

(1) Accredited representatives of the Union shall be permitted to interview workers on the business premises of the employer during non-working times and meal breaks.

(2) In cases of dispute between the union and the employer such as involve the inspection of the workers in the course of their duties, such union representative shall have right of entry into the business premises at any time during which the workers concerned are in employment.

(3) Provided that the duly accredited representative shall notify the employer beforehand of his intention to exercise his rights under this clause.

24. - BOARD AND LODGING

(1) No worker shall be compelled to board and/or lodge on the employer's premises and no employer shall be compelled to board and/or lodge a worker; but where by mutual consent board and lodging are provided the employer shall be entitled to deduct, in respect of all workers, the following amounts:

(a) $3.00 per meal.

(b) $10.00 per week for lodging.

(2) Mutual consent for the purpose of this clause means a document which the worker has signed agreeing to the deduction of a specified amount in return for board and/or lodging offered by the employer.

Such agreement may be cancelled by either party giving seven days' notice in writing to the other party.

25. - UNIFORMS

Where a worker is required by the employer to wear special clothing, such clothing shall be provided and laundered by the employer at his expense. Provided that alternative arrangements in respect of the supply and laundering of clothing may be made by agreement between an employer and the union.

26. - TIME AND WAGES RECORD

(1) The employer shall keep or cause to be kept, a record or records containing the following particulars:-

(a) the name of each worker;

(b) the nature of her work;

(c) the hours worked each day and each week;

(d) the wages and overtime (if any) paid each week;

(e) the age of each junior worker.

Any system of automatic recording by machines shall be deemed to comply with this provision to the extent of the information recorded.

(2) The said record shall be signed by the worker.

(3) The record shall be open for inspection by a duly accredited representative of the Union once in each week, at the office of the employer, on days other than Saturday and Sunday between the hours of 9 a.m. and 5 p.m. (except from 12 noon to 2 p.m.).

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

27. - JUNIOR WORKER'S CERTIFICATE

Upon being engaged a junior worker shall establish her full name and date of birth by the production of a record of her registration of birth or by such other means as are satisfactory to the employer.

28. - NOTICES

If the union so requests a copy of this award shall be posted on a board of reasonable size in the place where it may be conveniently and readily seen by every worker concerned. The union Secretary may also post thereon such other notices relating to union matters as are reasonable

29. - WEEKEND WORK

All ordinary hours of work performed between midnight on Friday and midnight on Sunday shall be paid for at the rate of time and one-half.

30. - PROTECTIVE CLOTHING

(1) Where workers are required to work in water they shall be supplied with rubber boots.

(2) Workers required to clean toilets, use acids, wash dishes, handle detergents, acids, soaps or injurious substances shall be supplied with rubber gloves.

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

(4) Where suitable protective clothing is supplied by the employer to a worker such clothing shall remain the property of the employer.

31. - LOCATION ALLOWANCES

(1) Subject to the provisions of this clause, in addition to the rates prescribed in the wages clause of this award, an employee shall be paid the following weekly allowances when employed in the towns prescribed hereunder. Provided that where the wages are prescribed as fortnightly rates of pay, these allowances shall be shown as fortnightly allowances.

TOWN PER WEEK

Agnew $21.60Argyle $57.80Balladonia $22.30Barrow Island $37.60Boulder $9.20Broome $34.80Bullfinch $10.10Carnarvon $17.80Cockatoo Island $38.10Coolgardie $9.20Cue $22.20Dampier $30.30Denham $17.80Derby $36.10Esperance $6.30Eucla $24.20Exmouth $31.70Fitzroy Crossing $43.90Halls Creek $50.60Kalbarri $7.70Kalgoorlie $9.20Kambalda $9.20Karratha $36.30

Koolan Island $38.10Koolyanobbing $10.10Kununurra $57.80Laverton $22.10Learmonth $31.70Leinster $21.60Leonora $22.10Madura $23.30Marble Bar $56.00Meekatharra $19.10Mount Magnet $24.00Mundrabilla $23.80Newman $20.70Norseman $19.10Nullagine $55.90Onslow $37.60Pannawonica $28.20Paraburdoo $28.00Port Hedland $30.10Ravensthorpe $11.40Roebourne $41.80Sandstone $21.60Shark Bay $17.80Southern Cross $10.10Telfer $51.50Teutonic Bore $21.60Tom Price $28.00Whim Creek $36.00Wickham $34.80Wiluna $21.90Wyndham $54.10

(2) Except as provided in subclause (3) of this clause, an employee who has:

(a) a dependant shall be paid double the allowance prescribed in subclause (1) of this clause;

(b) a partial dependant shall be paid the allowance prescribed in subclause (1) of this clause plus the difference between that rate and the amount such partial dependant is receiving by way of a district or location allowance.

(3) Where an employee:

(a) is provided with board and lodging by his/her employer, free of charge; or

(b) is provided with an allowance in lieu of board and lodging by virtue of the award or an order or agreement made pursuant to the Act;

such employee shall be paid 662/3 per cent of the allowances prescribed in subclause (1) of this clause.

(4) Subject to subclause (2) of this clause, junior employees, casual employees, part time employees, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.

(5) Where an employee is on annual leave or receives payment in lieu of annual leave he/she shall be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled.

(6) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he/she shall only be paid location allowance for the period of such leave he/she remains in the location in which he/she is employed.

(7) For the purposes of this clause:

(a) "Dependant" shall mean -

(i) a spouse or defacto partner; or

(ii) a child where there is no spouse or defacto partner;

who does not receive a location allowance or who, if in receipt of a salary or wage package, receives no consideration for which the location allowance is payable pursuant to the provisions of this clause.

(b) "Partial Dependant" shall mean a "dependant" as prescribed in paragraph (a) of this subclause who receives a location allowance which is less than the location allowance prescribed in subclause (1) of this clause or who, if in receipt of a salary or wage package, receives less than a full consideration for which the location allowance is payable pursuant to the provisions of this clause.

(8) Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of subclause (1) of this clause shall be such amount as may be agreed between Australian Mines and Metals Association, the Chamber of Commerce and Industry of Western Australia and UnionsWA or, failing such agreement, as may be determined by the Commission.

(9) Subject to the making of a General Order pursuant to s.50 of the Act, that part of each location allowance representing prices shall be varied from the beginning of the first pay period commencing on or after the 1st day in July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing), for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest ten cents.

32. - WAGES

(1) (a) The minimum weekly rates of wage payable shall be:

Minimum Award Rate$

ASNA Total

Level 1 Cleaner 412.60 0 768.30

Level 2 Domestic employees including -Kitchen AttendantHouse AttendantDining AttendantLaundry AttendantSewing Attendant 419.30 0 775.40

Level 3 Cooks (Other) 423.50 0 779.80

Level 4 Gardener/Groundsperson Grade 1 431.80 0 788.60

Level 5

First Cook (Grade 1), or Cook working alone Gardener/Groundsperson, Grade 2 Sewing Supervisor

440.20 0 797.40

Level 6 Senior Gardener/Groundsperson Grade 1 First Cook, Grade 2

448.50 0 806.20

Level 7 Senior Gardener/Groundsperson, Grade 2 Tradesperson Cook

465.20 0 828.10

Level 8 Head Groundsperson 548.60 0 916.10

(b) 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) Junior Employees:

Junior employees shall receive the following percentages of the adult rate for the class of work on which they are engaged.

%

Under 16 years of age 6016 to 17 years of age 7017 to 18 years of age 80

(3) General Conditions:

(a) Junior employees may be employed in the proportion of one junior to every two or fraction of two not being less than one adult employee employed in the same occupation, provided that this ratio may be altered by written agreement between the Union and the employee concerned.

(b) Senior employees other than the Head Groundsperson and leading hands appointed as such by the employer to be in charge of three or more other employees shall be paid $25.95 per week in addition to the rates prescribed herein.

(4) For all work done on any day after a break referred to in subclause (3) of Clause 7. - Hours of this award, the employee shall be paid an allowance of $1.60 per hour for each such hour worked.

(5) On and from 12 August 1992 the wage rates set out in subclause (1) of this clause include the first, second, third and fourth instalments of the Minimum Rates Adjustment Principle. Relativities have been established at 87.4% of the tradesperson's rate at Level 1 and 100% of the tradesperson's rate for a trade trained Senior Cook at Level 7.

33. - FARES AND MOTOR VEHICLE ALLOWANCES

(1) Where a worker is required during his normal working hours, by his employer, to work outside his usual place of employment the employer shall pay the worker any reasonable travelling expenses incurred except where an allowance is paid in accordance with subclause (2) of this clause.

(2) (a) Where a worker is required and authorised to use his own motor vehicle in the course of his duties he shall be paid an allowance not less than that provided for in the schedules set out hereunder. Notwithstanding anything contained in this subclause the employer and the worker may make any other arrangement as to car allowance not less favourable to the worker.

(b) Where a worker in the course of a journey travels through two or more of the separate areas, payment at the rates prescribed herein shall be made at the appropriate rate applicable to each of the separate areas traversed.

(c) A year for the purpose of this clause shall commence on the 1 st day of July and end on the 30th

day of June next following.

Rates of hire for use of employee's own vehicle on employer's business

Schedule 1 - Motor Vehicle Allowances

Area and Details Engine Displacement (in cubic centimetres)Over 2600cc Over 1600-

2600ccl600cc &

under

Rate per kilometre (cents)

Metropolitan Area 88.40 76.90 68.00

South West Land Division 90.90 78.90 70.10

North of 23.5 ° South Latitude 99.70 86.90 77.40

Rest of the State 93.80 81.50 72.30

Schedule 2 - Motor Cycle Allowances

Distance travelled during a year on official business Rate per kilometre (cents)

All areas of the State 30.50

Motor vehicles with rotary engines are to be included in the 1600-2600cc category

34. - SUPERANNUATION

The superannuation provisions contained herein operate subject to the requirements of the hereinafter prescribed provision titled - Compliance, Nomination and Transition.

(1) Employer Contributions:

(a) An employer shall contribute 9% of ordinary time earnings per eligible employee into one of the following Approved Superannuation Funds:

(i) Westscheme; or

(ii) an exempted Fund allowed by subclause (4) of this clause.

(b) Employer contributions shall be paid on a monthly basis for each week of service that the eligible employee completes with the employer.

(c) No contributions shall be made for periods of unpaid leave, or unauthorised absences in excess of 38 ordinary hours or for periods of workers' compensation in excess of 52 weeks. No contributions shall be made in respect of annual leave paid out on termination or any other payments on terminations.

(2) Fund Membership:

(a) Contributions in accordance with subclause (1) - Employer Contributions of this clause, shall be calculated by the employer on behalf of each employee from the date one month after the employee commences employment, unless the employee fails to return a completed application to join the Fund and the employer has complied with the following:

(i) the employer shall provide the employee with an application to join the Fund and documentation explaining the Fund within one week of employment commencing.

(ii) If the employee fails to return to the employer a completed application to join the Fund within two weeks of receipt, the employer shall send to the employee by certified mail, a letter setting out relevant superannuation information, the letter of denial set out in subclause (6) of this clause and an application to join the Fund.

(iii) Where the employee completes and returns the letter of denial, no contribution need be made on that employee's behalf.

(iv) Where the employee completes and returns neither the application to join the Fund nor the letter of denial within one week of postage, the employer shall advise either the Union or the Fund Administrator in writing of the employee's failure to return the completed form.

(v) From two weeks following the employer's advice pursuant to paragraph (iv) should the employee not have returned the completed form the employer shall be under no obligation to make superannuation payments on behalf of that employee.

Provided that if at any time an employee returns a signed application form, notwithstanding a previous failure to return such form or the return of a letter of denial, the employer shall make contributions on behalf of that employee from the date of return of the signed application form.

(b) Part-time and casual employees shall not be entitled to receive the employer contribution mentioned in subclause (1) - Employer Contributions of this clause, unless they work a minimum of 12 hours per week.

(c) Casual employees who are employed for 32 consecutive working days or less shall not be entitled to the benefits of this clause.

(3) Definitions:

"Approved Fund" shall mean any Fund which complies with the Australian Government's Operational Standards for Occupational Superannuation.

"Ordinary time earnings" shall mean the salary, wage or other remuneration regularly received by the employee in respect of the time worked in ordinary hours and shall include shift work penalties, payments which are made for the purpose of District or Location Allowances or any other rate paid for all purposes of the award to which the employee is entitled for ordinary hours of work. Provided that "ordinary time earnings" shall not include any payment which is for vehicle allowances, fares or travelling time allowances (including payments made for travelling related to distant work), commission or bonus.

(4) Exemptions:

Exemptions from the requirements of this clause shall apply to an employer who at the date of this Order:

(a) was contributing to a Superannuation Fund, in accordance with an Order of an industrial tribunal; or

(b) was contributing to a Superannuation Fund, in accordance with an Order or Award of an industrial tribunal, for a majority of employees and makes payment for employees covered by this award in accordance with that Order or Award; or

(c) subject to notification to the Union, was contributing to a Superannuation Fund for employees covered by this award where such payments are not made pursuant to an Order of an industrial tribunal; or

(d) was not contributing to a Superannuation Fund for employees covered by this award; and

(i) written notice of the proposed alternative Superannuation Fund is given to the Union; and

(ii) contributions and benefits of the proposed alternative Superannuation Fund are no less than those provided by this clause; and

(iii) within one month of the notice prescribed in paragraph (i) being given, the Union has not challenged the suitability of the proposed Fund by notifying the Western Australian Industrial Relations Commission of a dispute.

(5) Operative Date:

This clause shall operate from the beginning of the first full calendar month following the Western Australian Industrial Relations Commission approval of the clause.

(6) Letter of Denial:

The letter of denial shall be in the following form:

"To (employer)

I have received an application for membership of the non-contributory Superannuation Fund an understand:

(1) that should I sign such form you will make contributions on by behalf; and

(2) that I am not required to make contributions of my own; and

(3) that no deductions will be made from my wages for superannuation without my consent.

However, I do not wish to be a member of the Fund or have contributions made on my behalf.

_________________(Signature)

_________________(Name)

_________________(Address)

_________________(Classification)

_________________(Date)"

Compliance, Nomination and Transition

Notwithstanding anything contained elsewhere herein which requires that contribution be made to a superannuation fund or scheme in respect of an employee, on and from 30 June 1998 -

(a) Any such fund or scheme shall no longer be a complying superannuation fund or scheme for the purposes of this clause unless -

(i) the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and

(ii) under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme;

(b) The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee;

(c) The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable;

(d) A nomination or notification of the type referred to in paragraphs (b) and (c) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed;

(e) The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made;

(f) The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by a employee;

Provided that on and from 30 June 1998, and until an employee thereafter nominates a complying superannuation fund or scheme -

(g) if one or more complying superannuation funds or schemes to which contributions may be made be specified herein, the employer is required to make contributions to that fund or scheme, or one of those funds or schemes nominated by the employer;

or

(h) if no complying superannuation fund or scheme to which contributions may be made be specified herein, the employer is required to make contributions to a complying fund or scheme nominated by the employer.

35. - CONSULTATIVE PROVISIONS

(1) The parties to this award are committed to award modernisation and to improving efficiency, and to enhance the career opportunities and job security of employees.

(2) In order to facilitate the outcomes of subclause (1) hereof, there will be consultation and, as appropriate, there will be established consultative mechanisms with equitable representation of employers and the Union which will provide:

(a) for the continuation of the award restructuring process as determined, from time to time, by the Western Australian Industrial Relations Commission;

(b) a forum which will deal with ongoing claims for wages and conditions;

(c) the means by which the development of the independant school sector can be positively pursued by the parties.

(3) Liberty to apply is reserved in respect of any amendments, deletions or additions pertaining to the provisions of this clause.

36. - REDUNDANCY

(1) Definitions

The following definitions shall apply for the purposes of this clause:

(a) Business includes trade, process, business or occupation and includes part of any such business.

(b) Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone.

(c) Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and “transmitted” has a corresponding meaning.

(d) Weeks’ pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:

(i) overtime;(ii) penalty rates;(iii) disability allowances;(iv) shift allowances;(v) special rates;(vi) fares and travelling time allowances;(vii) bonuses; and(viii) any other ancillary payments of a like nature.

(2) Consultation Before Terminations

(a) Where an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone and that decision may lead to termination of employment, the employer shall consult the employee directly affected and if an employee nominates a union to represent him or her, the union nominated by the employee.

(b) The consultation shall take place as soon as is practicable after the employer has made a decision to which subclause 2(a) of this clause applies and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse affects on the employees concerned.

(c) For the purpose of the consultation the employer shall, as soon as practicable, provide in writing to the employees concerned and if an employee nominates a union to represent him or her, the union nominated by the employee, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer’s interests.

(3) Transfer to lower paid duties

(a) Where an employee is transferred to lower paid duties by reason of redundancy the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated.

(b) The employer may, at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former amounts the employer would have been liable to pay and the new lower amount the employer is liable to pay the employee for the number of weeks of notice still owing.

(c) The amounts must be worked out on the basis of:

(i) the ordinary working hours to be worked by the employee;

(ii) the amounts payable to the employee for the hours including for example, allowances, loading and penalties; and

(iii) any other amounts payable under the employee’s contract of employment.

(4) Severance Pay

(a) In addition to the period of notice prescribed for ordinary termination, an employee whose employment is terminated by reason of redundancy must be paid, subject to further order of the Commission, the following amount of severance pay in respect of a continuous period of service, provided that the entitlement of any employee whose employment terminates on or before 1 February 2006 shall not exceed 8 weeks’ pay:

Period of continuous service Severance payLess than 1 year Nil1 year and less than 2 years 4 weeks’ pay2 years and less than 3 years 6 weeks’ pay3 years and less than 4 years 7 weeks’ pay4 years and less than 5 years 8 weeks’ pay5 years and less than 6 years 10 weeks’ pay6 years and less than 7 years 11 weeks’ pay7 years and less than 8 years 13 weeks’ pay8 years and less than 9 years 14 weeks’ pay9 years and less than 10 years 16 weeks’ pay10 years and over 12 weeks’ pay

(b) Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.

(c) For the purpose of this clause, continuity of service shall not be broken on account of -

(i) any interruption or termination of the employment by the employer if such interruption or termination has been made merely with the intention of avoiding the obligations of this clause in respect of leave of absence;

(ii) any absence from work on account of leave granted by the employer; or

(iii) any absence with reasonable cause, proof whereof shall be upon the employee;

Provided that in the calculation of continuous service any time in respect of which any employee is absent from work except time for which an employee is entitled to claim paid leave shall not count as time worked.

Service by the employee with a business which has been transmitted from one employer to another and the employee’s service has been deemed continuous in accordance with clause 2(3) or (4) of the Long Service Leave Provisions published in Part 1 (January) of each volume

of the Western Australian Industrial Gazette shall also constitute continuous service for the purpose of this clause.

(5) Employee leaving during notice period

An employee whose employment is terminated by reason of redundancy may terminate his/her employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had they remained with the employer until the expiry of such notice. However, in this circumstance the employee will not be entitled to payment in lieu of notice.

(6) Alternative employment

(a) An employer, in a particular redundancy case, may make application to the Commission to have the severance payment prescribed varied if the employer obtains acceptable alternative employment for an employee.

(b) This subclause does not apply in circumstances involving transmission of business as set out in subclause (7) of this clause.

(7) Transmission of business

(a) The provisions of Clause 36 are not applicable where a business is before or after 1 June 2005, transmitted from an employer (in this subclause called “the transmittor”) to another employer (in this subclause called “the transmittee”), in any of the following circumstances:

(i) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

(ii) Where the employee rejects an offer of employment with the transmittee:

(aa) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

(bb) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service with the transmittee.

(b) The Commission may vary subclause (7)(a)(ii) of this clause if it is satisfied that this provision would operate unfairly in a particular case.

(8) Notice to Centrelink

Where a decision has been made to terminate employees in the circumstances outlined in subclause (2) of this clause, the employer shall notify Centrelink as soon as possible giving all relevant information about the proposed terminations, including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected, the number of employees normally employed and the period over which the terminations are intended to be carried out.

(9) Employees exempted

This clause does not apply:

(a) where employment is terminated as a consequence of serious misconduct that justifies dismissal without notice;

(b) except for subclause (2) of this clause, to employees with less than one year’s service;

(c) except for subclause (2) of this clause, to probationary employees;

(d) to apprentices;

(e) to trainees;

(f) except for subclause (2) of this clause, to employees engaged for a specific period of time or for a specified task or tasks; or

(g) to casual employees.

(10) Employers Exempted

Subject to an order of the Commission, in a particular redundancy case, subclause (4) shall not apply to employers who employ less than 15 employees.

(11) Incapacity to pay

An employer or a group of employers, in a particular redundancy case, may make application to the Commission to have the severance payment prescribed varied on the basis of the employer’s incapacity to pay.

37. – INTRODUCTION OF CHANGE

(1) Employer’s Duty to Notify

(a) Where an employer decides to introduce changes in production, program, organisation, structure or technology, that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and, if an employee nominates a union to represent him or her, the union nominated by the employee.

(b) “Significant effects” includes termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of a job opportunity, a promotion opportunity or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

(2) Employer’s Duty to Consult over Change

(a) The employer shall consult the employees affected and, if an employees nominates a union to represent him or her, the union nominated by the employee, about the introduction of changes, the effects the changes are likely to have on employees (including the number and categories of employees likely to be dismissed, and the time when, or period over which, the employer intends to carry out the dismissals), and the ways to avoid or minimise the effects of the changes (e.g. by finding alternate employment).

(b) The consultation shall commence as soon as practicable after making the decision referred to in subclause (1) of this clause.

(c) For the purpose of such consultation the employer shall provide in writing to the employees concerned and, if an employee nominates a union to represent him or her, the union nominated by the employee, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees, and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer’s interests.

APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT

(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) Subject to this appendix, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award/industrial agreement.

(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.

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

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

(5) Nothing in this appendix shall be read so as to exclude an organisation party to or bound by the award/industrial agreement from representing its members.

(6) Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission provided that with effect from 22 November 1997 it is required 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..

DATED at Perth this 12th day of May, 1980

SCHEDULE A - PARTIES TO THE AWARD

The following organisation is a party to this award:

The Australian Liquor, Hospitality and Miscellaneous Workers Union, Western Australian Branch

SCHEDULE B - RESPONDENTS

Guildford Grammar School11 Terrace RoadGUILDFORD WA 6055

St. Mary's Church of England Girls' School (Inc.)Elliott RoadKARRINYUP WA 6018

Aquinas CollegeMount Henry RoadMANNING WA 6152

Presbyterian Ladies' College2 View StreetCOTTESLOE WA 6011

Christ Church Grammar SchoolQueenslea DriveCLAREMONT WA 6010

Bunbury Cathedral Grammar SchoolBussell HighwayGELORUP WA 6320

Association of Independant Schools ofWestern Australia (Inc.)3/41 Walters DriveHerdsman Business ParkOSBORNE PARK WA 6017

The Catholic Education Commission of Western Australia50 Ruislip StreetLEEDERVILLE WA 6007

SCHEDULE C - LIBERTY TO APPLY

Liberty is reserved to the Union in respect of Clause 7. - Hours subclause (7)(b).

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.

V A R I A T I O N R E C O R D

SCHOOL EMPLOYEES (INDEPENDANT DAY AND BOARDING SCHOOLS) AWARD 1980

Delivered 12/05/80 at 60 WAIG 855Consolidated 93(6) 22/02/83 at 63 WAIG 464Consolidated 93(6) 19/10/93 at 73 WAIG 3232

CLAUSE NO.

EXTENT OF VARIATION

ORDER NO. OPERATIVE DATE

GAZETTE REFERENCE

1. Title

as delivered R7/1979 12/05/80 60 WAIG 855

(1A. State Wage Principles)

Ins. Cl. 1752/91 31/01/92 72 WAIG 191

Cl. & Title 1457/93 24/12/93 74 WAIG 198

(1A. State Wage Principles December 1993)

Cl. & Title 985/94 30/12/94 75 WAIG 23

(1A. Statement of Principles December 1994)

Cl. & Title 1164/95 21/03/96 76 WAIG 911

(1A. Statement of Principles March 1996)

Cl & Title 915/96 07/08/96 76 WAIG 3368

(1A Statement of Principles - August 1996)

Cl & Title 940/97 14/11/97 77 WAIG 3177

(1A. Statement of Principles - November 1997)

Cl & Title 757/98 12/06/98 78 WAIG 2579

(1A. Statement of Principles – June, 1998)

Del. Cl. & Title 609/99 06/07/99 79 WAIG 1843

1B. Minimum Adult Award Wage

Ins. 1B 940/97 14/11/97 77 WAIG 3177

Cl. 1056/98 17/07/98 78 WAIG 4364

(2) - (3),(5) & (8) rates & text 609/99 01/08/99 79 WAIG 1843

Cl. 654/00 01/08/00 80 WAIG 3379

Cl. 752/01 01/08/01 81 WAIG 1721

Cl. 797/02 01/08/02 82 WAIG 1369

Cl. 569/03 5/06/03 83 WAIG 1899 & 2596

(9) 1197/03 1/11/03 83 WAIG 3537

Cl. 570/04 4/06/04 84 WAIG 1521

Cl. 576/05 07/07/05 85 WAIG 2083, 2827

Cl. 957/05 07/07/06 86 WAIG 1631 & 2345

Cl. 1/07 01/07/07 87 WAIG 1487 & 2268

Cl. 115/07 01/07/08 88 WAIG 773 &1474

Cl. 1/09 01/10/09 89 WAIG 735 & 1906

Cl. 2/10 01/07/10 90 WAIG 568 &1300

Cl. 2/11 01/07/11 91 WAIG 1088 & 1699

Cl. 2/12 01/07/12 92 WAIG 1449

Cl. 1/13 01/07/13 93 WAIG 1117

Cl. 1/14 01/07/14 94 WAIG 1332

Cl. 1/15 01/07/15 95 WAIG 1300

Cl. 1/16 01/07/16 96 WAIG 1150

Cl. 1/17 01/07/17 97 WAIG 1215

Cl. 1/18 01/07/18 98 WAIG 263 & 936

2. Arrangement

Ins. 32 (should be 33) 284/84 06/07/84 64 WAIG 1235

16, 17 title change 648/84 07/10/86 66 WAIG 1341

Ins 2A. 1026/88 30/09/88 69 WAIG 1616

Delete 2A. 1940/89 08/09/89 69 WAIG 2913

Ins 34 223/89 01/07/89 69 WAIG 2456

Ins. 2A. 1701/89 01/07/89 69 WAIG 3573

14. (Title change) 1434/89® 10/11/89 70 WAIG 489

Ins. 6A. 181/90(R2) 15/06/90 70 WAIG 2363

2A – Title; Ins. 35 1416 & 1849/91 01/01/92 72 WAIG 353

Ins. 1A 1752/91 31/01/92 72 WAIG 191

Del. 2A. 560/92 17/09/92 72 WAIG 2219

Del. App.I – II. Ins Sch. A - C 519/93 05/05/93 73 WAIG 1951

1A. Title 1457/93 24/12/93 74 WAIG 198

1A. Title 985/94 30/12/94 75 WAIG 23

1A. Title 1164/95 21/03/96 76 WAIG 911

Ins. App – Res 693/96 16/07/96 76 WAIG 2768

Ins. App– s.49B... 694/96 16/07/96 76 WAIG 2789

1A. Title 915/96 07/08/96 76 WAIG 3368

1A 940/97 14/11/97 77 WAIG 3177

Ins. 1B 940/97 14/11/97 77 WAIG 3177

1A 757/98 12/06/98 78 WAIG 2579

Del. 1A 609/99 06/07/99 79 WAIG 1843

Cl 1592/02 17/03/06 86 WAIG 875

(2A. State Wage Principles – September, 1988)

Ins cl. 1026/88 30/09/88 69 WAIG 1616

Deleted by G.O. 1940/89 08/09/89 69 WAIG 2913

(2A. State Wage Principles – September, 1989)

Ins cl. 1701/89 01/07/89 69 WAIG 3573

Cl. & Title; 1416 & 1849/91 01/12/92 72 WAIG 353

(2A. State Wage Principles – June 1991)

Del. Cl. 560/92 17/09/92 72 WAIG 2219

3. Term

as delivered R7/1979 12/05/80 60 WAIG 855

4. Area

as delivered R7/1979 12/05/80 60 WAIG 855

5. Scope

Cl. 727/83 15/08/84 64 WAIG 1585

6. Contract of Employment

Cl. 648/84 07/10/86 66 WAIG 1341

(5) 1434/89(R) 10/11/89 70 WAIG 489

Ins. (7) 1416 & 1849/91 01/12/92 72 WAIG 353

(3), Ins (8) - (9) 1592/02 17/03/06 86 WAIG 875

6A. Definitions

Ins.cl. 181/90(R2) 15/06/90 70 WAIG 2363

Ins. Def. 278/90 01/01/91 71 WAIG 1613

C.O. 278/90 01/01/91 71 WAIG 1613

7. Hours

Ins. (5) – (7) 648/84 07/10/86 66 WAIG 1341

(7) 1434/89(R) 10/11/89 70 WAIG 489

(7) 181/90(R2) 15/06/90 70 WAIG 2363

(1) & (5) 1416 & 1849/91 01/12/92 72 WAIG 353

8. Rosters

as delivered R7/1979 12/05/80 60 WAIG 855

Edit Note: Cl. has had no variations. However, 93(6) consolidation in Sub Cl. (3)(b) 2nd para missing.

9. Meals

as delivered R7/1979 12/05/80 60 WAIG 855

10. Overtime

Cl. 964/84 25/02/85 65 WAIG 490

11. Meal Money

Cl. 756/85 24/04/86 66 WAIG 726

Cl. 964/84 25/02/85 65 WAIG 490

Cl. 525/87 19/04/88 68 WAIG 1072

(1) 181/90(R2) 15/06/90 70 WAIG 2363

(1)amounts 1429/96 12/11/96 80 WAIG 1937

(1) 718/00 12/12/00 81 WAIG 260

(1) 1016/01 8/1/02 82 WAIG 304

(1) 970/02 28/01/03 83 WAIG 816

(1) 644/03 11/3/05 85 WAIG 1224

(1) 73/06 02/04/07 87 WAIG 654

(1) 38/08 30/09/08 88 WAIG 2017

12. Mixed Functions

as delivered R7/1979 12/05/80 60 WAIG 855

13. Under-Rate Workers

as delivered R7/1979 12/05/80 60 WAIG 855

(14. Part-Time Workers)

Delete cl. 1434/89(R) 10/11/89 70 WAIG 489

14. Part-Time Employees

Ins cl. 1434/89(R) 10/11/89 70 WAIG 489

(2) 1416 & 1849/91 01/12/92 72 WAIG 353

15. Casual Workers

Cl. 648/84 07/10/86 66 WAIG 1341

(16. Annual Leave & Public Holidays – Groundsmen & Gardiners)

Cl. 756/85 24/04/86 66 WAIG 726

Del by 648/84 07/10/86 66 WAIG 1341

16. Annual Leave

Ins. Cl. 648/84 07/10/86 66 WAIG 1341

(9) 1416 & 1849/91 01/12/92 72 WAIG 353

(17. Annual Leave – Other Workers)

Del by 648/84 07/10/86 66 WAIG 1341

17. Public Holidays

Ins. Cl. 648/84 07/10/86 66 WAIG 1341

18. Sick Leave

as delivered R7/1979 12/05/80 60 WAIG 855

Edit Note: Cl. has had no variations. However, 93(6) Consolidation sub Cl. (3) word “his” used & should be “her.”Sub Cl. (4) after word “request” words “in writing” missing. In sub Cl. (5)(b) word “her” been replaced with “his” also “she” been replaced by “he”. Cl. (5)(d) - (e) refers to Cl.16 – 17 ord needed to rename as 16. – Annual Leave & 17. – Public Holidays.

19. Long Service Leave

as delivered R7/1979 12/05/80 60 WAIG 855

20. Bereavement Leave

as delivered R7/1979 12/05/80 60 WAIG 855

(Edit Note: Cl. no variations,93(6) consolidation word “the” after “satisfaction of” been replaced with “his”)

21. Maternity Leave

as delivered R7/1979 12/05/80 60 WAIG 855

22. Payment of Wages

Cl. 964/84 25/02/85 65 WAIG 490

23. Right of Entry

as delivered R7/1979 12/05/80 60 WAIG 855

Ins. Preamble 2053/1/97 22/11/97 77 WAIG 3138

24. Board and Lodging

(1)(a) 648/84 07/10/86 66 WAIG 1341

25. Uniforms

as delivered R7/1979 12/05/80 60 WAIG 855

26. Time and Wages Record

as delivered R7/1979 12/05/80 60 WAIG 855

Ins text. 491/98 16/04/98 78 WAIG 1471

27. Junior Worker’s Certificate

as delivered R7/1979 12/05/80 60 WAIG 855

28. Notices

as delivered R7/1979 12/05/80 60 WAIG 855

29. Weekend Work

as delivered R7/1979 12/05/80 60 WAIG 855

30. Protective Clothing

as delivered R7/1979 12/05/80 60 WAIG 855

(31. District Allowances)

Title & Cl. 294/77 319-321/77 & 529/79 15/07/80 60 WAIG 1141

31. Location Allowances

Cl. 452/81 18/08/81 61 WAIG 1661

Cl. 291/83 05/12/83 64 WAIG 005

Cl. 517/88 01/07/88 68 WAIG 1686

(1), (13) 834/89 01/07/89 69 WAIG 3217

Cl. 778 & 1065/90 01/07/90 70 WAIG 2995

Cl. 1049/91 01/07/91 71 WAIG 2753

Cl. 851/92 01/07/92 72 WAIG 2498

Cl. 943/93 01/07/93 73 WAIG 1989

Cl. 714/94 01/07/94 74 WAIG 1869

Cl. 641/95 01/07/95 75 WAIG 2125

Cl. 911/96 01/07/96 76 WAIG 3365

Cl. 1400/97 01/07/97 77 WAIG 2547

Cl. 975/98 01/07/98 78 WAIG 2999

Cl. 690/99 01/07/99 79 WAIG 1843

Cl. 1050/00 01/08/00 80 WAIG 3153

Cl. 718/01 01/08/01 81 WAIG 1559

Cl. 686/02 01/07/02 82 WAIG 1185

Cl. 570/03 01/07/03 83 WAIG 1657

Cl. 696/04 01/07/04 84 WAIG 2145

Cl. 458/05 01/07/05 85 WAIG 1893

Cl. 59/06 01/07/06 86 WAIG 1471

Cl. 53/07 01/07/07 87 WAIG 2435

Cl. 9/08 01/07/08 88 WAIG 689

Cl. 24/09 01/07/09 89 WAIG 729

Corr. Ord Sch B (7)(a)(i) - (ii) 24/09 01/07/09 89 WAIG 2483

Cl. 117/10 01/07/10 90 WAIG 561

Cl. 24/11 01/07/11 91 WAIG 995

Cl. 6/12 01/07/12 92 WAIG 725

Cl. 7/13 01/07/13 93 WAIG 461

Cl. 11/14 01/07/14 94 WAIG 669

Cl. 118/15 01/07/15 95 WAIG 700

Cl. 15/16 01/07/16 96 WAIG 631

Cl. 20/17 01/07/17 97 WAIG 585

Cl. 20/18 01/07/18 98 WAIG 415

32. Wages

Cl. 773/80 15/06/81 61 WAIG 1119

Cl. 25/82 23/07/82 62 WAIG 2016

Cl. 903/83 29/08/84 64 WAIG 1790

(4) 939/85 24/04/86 66 WAIG 727

(4) 525/87 19/04/88 68 WAIG 1072

Cl. 1026/88 12/04/89 69 WAIG 1616

Cl. 1049/87 01/11/88 69 WAIG 2750

(1) 1434/89(R) 10/11/89 70 WAIG 489

Cl. 181/90(R2) 15/06/90 70 WAIG 2363

(1) 278/90 01/01/91 71 WAIG 1027

C.O. 278/90 01/01/91 71 WAIG 1613

(1); Ins.(5); 534/91 01/07/91 71 WAIG 2139

(1); (3)(b); (5) 1416 & 1849/91 01/12/92 72 WAIG 353

(1); (5) 942/92 12/08/92 72 WAIG 2219

(1) 1607/93 31/01/94 74 WAIG 1571

(1) 1137/94 04/05/95 75 WAIG 1932

(1)(a),(b)&(c) 378/96 04/05/96 76 WAIG 2439

(3)&(4)amounts 1429/96 12/11/96 80 WAIG 1937

Rates & Ins. Text 940/97 14/11/97 77 WAIG 3177

(1)(a) - (b), (3)(b) & (4) 1056/98 17/07/98 78 WAIG 4364

Rates & ins. Text (1)(c) 609/99 01/08/99 79 WAIG 1843

(3)(b) & (4) 856/99 27/08/99 79 WAIG 3052

Cl. 654/00 01/08/00 80 WAIG 3379

(3)(b) & (4) 718/00 12/12/00 81 WAIG 260

Cl. 752/01 01/08/01 81 WAIG 1721

(3)(b) & (4) 1016/01 8/1/02 82 WAIG 304

Cl. 797/02 01/08/02 82 WAIG 1369

(3)(b) & (4) 970/02 28/01/03 83 WAIG 816

Cl. 569/03 5/06/03 83 WAIG 1899 & 2596

Cl. 570/04 4/06/04 84 WAIG 1521 & 2023

(3)(b) & (4) 644/03 11/3/05 85 WAIG 1224

Cl. 576/05 07/07/05 85 WAIG 2083, 2827

Cl. 957/05 07/07/06 86 WAIG 1631 & 2345

(3)(b) & (4) 73/06 02/04/07 87 WAIG 654

Cl. 1/07 01/07/07 87 WAIG 1487 & 2268

Cl. 115/07 01/07/08 88 WAIG 773 &1474

(3)(b) & (4) 38/08 30/09/08 88 WAIG 2017

Cl. 1/09 01/10/09 89 WAIG 735 & 1906

Cl. 2/10 01/07/10 90 WAIG 568 &1300

Cl. 2/11 01/07/11 91 WAIG 1088 & 1699

Cl. 2/12 01/07/12 92 WAIG 1449

Cl. 1/13 01/07/13 93 WAIG 1117

Cl. 1/14 01/07/14 94 WAIG 1332

Cl. 1/15 01/07/15 95 WAIG 1300

Cl. 1/16 01/07/16 96 WAIG 1150

Cl. 1/17 01/07/17 97 WAIG 1215

Cl. 1/18 01/07/18 98 WAIG 263 & 936

33. Fares and Motor Vehicle Allowances

Edit Note: Award delivered (12/5/80), & consolidated s.93(6) (22/2/83) there were Cl 32 - 33 ins. APPL 284/1984, operative 06/07/84 instruction was ins new Cl.32 not Cl.33. APPL 814/84 operative 27/11/84 del & ins as Cl.32. But APPL 892/85 operative 24/04/86 refers to Cl. 33.

(2) 892/85 24/04/86 66 WAIG 727

Cl. 927/88 21/12/88 69 WAIG 643

Cl. 1701/89 01/07/89 69 WAIG 3573

(2) – Sch. 12 - 3 181/90(R2) 15/06/90 70 WAIG 2363

Del Sch 1 -3 subcl (2). Ins at subcl(2) Sch 1 -2.

560/92 17/09/92 72 WAIG 2219

(2)(c) 1429/96 12/11/96 80 WAIG 1937

(2)(c) 718/00 12/12/00 81 WAIG 260

(2)(c) 1016/01 8/1/02 82 WAIG 304

(2)(c) 970/02 28/01/03 83 WAIG 816

(2)(c) Corr Ord 970/02 3/02/03 83 WAIG 848

(2)(c) 644/03 11/3/05 85 WAIG 1224

(2)(c) 73/06 02/04/07 87 WAIG 654

(2)(c) 38/08 30/09/08 88 WAIG 2017

34. Superannuation

(6) word "an" should be "and" & in (6)(1), word "by" should be "my"

Ins cl. 223/89 01/07/89 69 WAIG 2456

Ins. Text 599/98 30/06/98 78 WAIG 2559

(1)(a) 970/02 28/01/03 83 WAIG 816

(1)(a) Corr Ord 970/02 3/02/03 83 WAIG 848

35. Consultative Provisions

Ins. Cl. 1416 & 1849/91 01/12/92 72 WAIG 353

36. Redundancy

Ins. No, Title & Cl 1592/02 17/03/06 86 WAIG 875

37. Introduction of Change

Ins. No, Title & Cl 1592/02 17/03/06 86 WAIG 875

Appendix - Resolution of Disputes Requirement

Ins. App 693/96 16/07/96 76 WAIG 2768

(1),(6), Del. (7) 2053/97 22/11/97 77 WAIG 3079

Schedule A - Parties to the Award

Ins. Sch. 519/93 05/05/93 73 WAIG 1951

Text 856/99 27/08/99 79 WAIG 3052

Ins. Sch. 718/00 12/12/00 81 WAIG 260

Schedule B - Respondents

Ins. Sch. 519/93 05/05/93 73 WAIG 1951

Sched. 378/96 04/05/96 76 WAIG 2439

Schedule C - Liberty to Apply

Ins. Sch. 519/93 05/05/93 73 WAIG 1951

(Appendix I - Liberty to Apply)

App 648/84 07/10/86 66 WAIG 1341

Del. App 519/93 05/05/93 73 WAIG 1951

(Appendix II - Respondents)

as consolidated 93(6) 22/02/83 63 WAIG 464

Ins. Resp. 1416 & 1849/91 01/12/92 72 WAIG 353

Del. App. 519/93 05/05/93 73 WAIG 1951

Appendix - S.49B - Inspection of Records Requirements

Ins. Appendix 694/96 16/07/96 76 WAIG 2789

(1) ins. Text 2053/97 22/11/97 77 WAIG 3138

App. 491/98 16/04/98 78 WAIG 1471