WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- BROOME ABORIGINAL MEDICAL SERVICE AND OTHERS RESPONDENTS CORAM CHIEF COMMISSIONER A R BEECH DATE FRIDAY, 11 MARCH 2005 FILE NO/S APPL 676 OF 2003 CITATION NO. 2005 WAIRC 00642 Result Award Varied Representation Applicant Ms C. Kazakoff Respondent Mr P. Robertson, as agent, Chamber of Commerce and Industry of Western Australia Order HAVING heard Ms C. Kazakoff on behalf of the applicant and Mr P. Robertson on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders – THAT the Aboriginal Medical Service Employees’ Award be varied in accordance with the following schedule and that such variations shall have effect from the first pay period commencing on or after the 11th day of March 2005. (Sgd.) A R BEECH, [L.S.] Chief Commissioner. SCHEDULE 1. Clause 6 – Hours of Duty, Overtime and On Call: Delete subclause (4)(b) of this clause and insert the following in lieu thereof: (b) An employee shall be paid $3.20 for each hour or part thereof they are on call. Provided that payment in accordance with this paragraph shall not be made with respect to any period for which payment is made in accordance with the overtime provisions of this award when the employee is recalled to work. 2. Clause 18 – Laundry and Uniforms: Delete subclauses (1) and (2) of this clause and insert the following in lieu thereof: (1) The employer shall provide all uniforms which shall at all times remain the property of the employer. Provided that in lieu of providing uniforms the employer may pay an allowance of $4.05 per week, and the employee shall wear uniforms which conform to the uniform stipulated by the employer with respect to material, colour, pattern and conditions. Where the employer does not require the employee to wear a uniform no allowance shall be payable. (2) Each employee shall be entitled to all reasonable laundry work at the expense of the employer, but where the employer elects not to launder the uniforms the employee shall be paid an allowance of $2.15 per week. 3. Clause 23 – District Allowance: Delete subclause (6) of this clause and insert the following in lieu thereof: (6) The weekly rate of District Allowance payable to employees pursuant to subclause (3) of this clause shall be as follows: 85 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1087 COLUMN I COLUMN II COLUMN III COLUMN IV DISTRICT STANDARD RATE EXCEPTIONS TO RATE STANDARD RATE $ per week Town or Place $ per week 6 66.93 Nil Nil 5 54.71 Fitzroy Crossing 73.61 Halls Creek Turner River Camp Nullagine Liveringa (Camballin) 68.55 Marble Bar Wittenoom Karratha 64.55 Port Hedland 59.90 4 27.54 Warburton Mission 74.26 Carnarvon 25.93 3 17.40 Meekatharra 27.54 Mount Magnet Wiluna Laverton Leonora Cue 2 12.34 Kalgoorlie 4.11 Boulder Ravensthorpe 16.45 Norseman Salmon Gums Marvel Loch Esperance 1 Nil Nil Nil (Note: In accordance with subclause (4) of this clause employees with dependants shall be entitled to double the rate of district allowance shown). The allowances prescribed in this subclause shall operate from the beginning of the first pay period commencing on or after 11th March 2005. 4. Clause 24. – Outpost Availability Allowance: Delete subclause (1) of this clause and insert the following in lieu thereof: (1) Where an employee is transferred to work at any of the locations as prescribed in the groups listed in subclause (8) then the following provisions shall apply: Group Provisions applying 4 An allowance of $90.05 per week plus four weeks' special leave per annum 3 An allowance of $67.40 per week plus two weeks' special leave per annum. 2 An allowance of $44.95 per week plus two weeks' special leave per annum 1 An allowance of $44.95 per week. 5. Clause 24A – Bilingual Allowance: Delete subclause (2) of this clause and insert the following in lieu thereof: (2) In recognition of the increased effectiveness and productivity of bilingual employees, if an employee is required during the course of employment or as part of his/her duties to apply skills within subclause (1) of this clause, the employee who shall be competently bilingual shall be paid an allowance of: Level 1 - $1290.85 per annum. Level 1 is an elementary level. This level of accreditation is appropriate for employees who are capable of using a minimal knowledge of language for the purpose of simple communication. Level 2 - $2583.06 per annum. Level 2 represents a level of ability for the ordinary purposes of general business, conversation, reading and writing. 1088 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 85 W.A.I.G. 6. Clause 26 – Wages: Delete subclause (18) of this clause and insert the following in lieu thereof: (18) Leading hands shall be paid the ordinary wage prescribed for the classification in which they are employed increased by: Per Week $ (a) When in charge of not less than 3 and not more than 10 other employees 17.69 (b) When in charge of more than 10 and not more than 20 other employees 26.44 (c) When in charge of more than 20 other employees 35.20 And further, with the consent of the parties, the Commission records the following basis for variations: 1. The agreed Key Minimum Classification in this Award is Health Worker Grade 1. 2. The Work Related Allowances – the percentage increase in: • Clause 6 – Hours of Duty, Overtime and On Call • Clause 24 – Outpost – Availability Allowance • Clause 24A – Bilingual Allowance • Clause 26 – Wages is derived from $17 divided by $515.80 equals 3.30% (2003) and $19 divided by $532.80 equals 3.57% (2004) as prescribed by Principle 5. Adjustment of Allowances and Service Increments of the State Wage Case. “allowances which relate to work or conditions which have not changed and service increments may be adjusted as a result of the arbitrated safety net increase . . . the method of adjustment shall be that such allowances and service increments should be increased by a percentage derived as follows: divide the monetary safety net increase by the rate for the key classification in the relevant award immediately prior to the application of the safety net increase to the award rate and multiply by 100.” 3. For Expense Related Allowances: • Clause 18 – Laundry and Uniforms has been varied for the CPI Clothing Services and Shoe Repair - Perth for the period September 2002 to December 2004 giving the percentage of 9.92%. December 2004 172.9 X 100 = 9.92% September 2002 157.3 1 CPI Clothing Services and Shoe Repair – Perth • Clause 23 – District Allowance has been varied for the CPI All Groups, Index Numbers (a) – Perth for the period September 2002 to December 2004 giving the percentage of 5.52%. December 2004 143.3 X 100 = 5.52% September 2002 135.8 1 Catalogue: 6455.0.40.001 WORK RELATED ALLOWANCES KEY MINIMUM CLASSIFICATION – HEALTH WORKER GRADE 1 – LEVEL 2 Clause A B C Clause 6 - Hours of Duty, Overtime and On Call 4(b) $3.00 $3.21 $3.20 Clause 24 – Outpost – Availability Allowance $84.15 $63.00 $42.00 $42.00 $90.04 $67.41 $44.94 $44.94 $90.05 $67.40 $44.95 $44.95 Clause 24A - Bilingual Allowance (a) (b) $1206.54 $2414.35 $1290.85 $2583.06 Clause 26 – Wages 18(a) (b) (c) $16.53 $24.71 $32.90 $17.69 $26.44 $35.20 EXPENSE RELATED ALLOWANCES CPI Clothing Services and Shoe Repair - All Clause A B C Clause 18 - Laundry and Uniforms (1) (2) $3.70 $1.95 $4.07 $2.14 $4.05 $2.15 85 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1089 2005 WAIRC 00594 AERATED WATER AND CORDIAL MANUFACTURING INDUSTRY AWARD 1975 NO. 10 OF 1975