WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION, WESTERN AUSTRALIAN BRANCH, APPLICANT v. DEPARTMENT OF CONSERVATION AND LAND MANAGEMENT, RESPONDENT CORAM COMMISSIONER P E SCOTT DATE OF ORDER TUESDAY, 11 FEBRUARY 2003 FILE NO. APPLICATION 1849 OF 2002 CITATION NO. 2003 WAIRC 07679 _________________________________________________________________________________________________________ Result Award varied _________________________________________________________________________________________________________ Order HAVING heard Mr J Welch on behalf of the applicant and Mr G A Wibrow on behalf of the respondent, and by consent, the Commission, pursuant to the powers conferred under the Industrial Relations Act, 1979, hereby orders— THAT the Rangers (National Parks) Consolidated Award, 2000 (No. A 17 of 1981) be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the 2nd day of December 2002. (Sgd.) P. E. SCOTT, [L.S.] Commissioner. _________ SCHEDULE 1. Clause 5. – Definitions: Delete this clause and insert the following in lieu thereof— (1) “Accrued Day Off” means the paid day(s) off accruing to an employee resulting from an entitlement to the 38 hour week as prescribed in clause 7. - Hours. (2) “Casual employee” means an employee who is employed by the hour. (3) “Employees with No Fixed Hours” means those employees who have no fixed hours of work and who are in receipt of the loading prescribed in paragraph (b) of subclause (1) of clause 17. – Wages of this Award. (4) “Employer” means the Chief Executive Officer (Executive Director) of the Department of Conservation and Land Management. (5) “Mobile Ranger” means a Ranger Grade 1 or Ranger Grade 2, appointed as such under the Conservation and Land Management Act, who is regularly required to move from park to park, and for that purpose is required to maintain mobile accommodation. (6) “Non Rostered Employee” means an employee who works their ordinary hours between Monday and Friday inclusive. (7) “Ranger Grade 1” means a Ranger appointed under the Conservation and Land Management Act who assists in the management of a park or group of parks. (8) “Ranger Grade 2” means a Ranger appointed under the Conservation and Land Management Act who (a) has been at the top of the Ranger Grade 1 wage scale for at least 12 months, and (b) possesses either a Certificate of National Park Management, or a Conservation and Land Management Certificate or equivalent qualification, and (c) has demonstrated and met the performance levels at Ranger Grade 1. (9) “Ranger’s Assistant” means an employee engaged in assisting Rangers in their day to day work. (10) “Rostered Days Off” means for (a) Rostered Employees the two days rostered off per week that an employee has as a result of being a rostered employee. (b) Employees with No Fixed Hours the average over a year of two full days off duty per week. (11) “Rostered Employee” means an employee who is rostered to work any five of the seven days of the week. (12) “Senior Ranger Grade 3” means a Ranger who manages a park or group of parks and who has responsibility for the work and performance of Rangers Grade 1 and/or Grade 2 and/or other employees within his/her area of responsibility. (13) “Senior Ranger Grade 4” means a Ranger who manages a complex park or group of parks and who has responsibility for the work and performance of other rangers which may include Senior Ranger(s) Grade 3 and/or other employees within his/her area of responsibility and who operates above the level required of a Senior Ranger Grade 3. (14) “Union” means the Australian Liquor, Hospitality and Miscellaneous Workers Union, Western Australian Branch. 2. Clause 9. – Overtime: Delete subclause (5) of this clause and insert the following in lieu thereof— (5) In computing overtime each day shall stand alone but when an employee works overtime which continues beyond midnight on any day, the time worked after midnight shall be deemed to be part of the previous day’s work for the purpose of this clause. 3. Clause 14. – Conditions and Allowances: Delete this clause and insert the following in lieu thereof— (1) The provisions of the Miscellaneous Government Conditions and Allowances Award No. A 4 of 1992 shall apply mutatis mutandis to all employees covered by this Award. 280 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 83 W.A.I.G. (2) Subject to the provisions of this Award, the provisions of the Public Service Award 1992 PSA No.4 of 1989 at— (a) Clause 30. - Camping Allowance and Schedule C - Camping Allowance; and (b) Clause 33. - Diving Allowance, Clause 34. - Flying Allowance and Schedule K – Diving, Flying and Seagoing Allowance. as amended from time to time, shall apply mutatis mutandis to employees covered by this Award. (3) Mobile Rangers shall, in addition to their normal rate of pay, be paid an allowance of $92.35 per week to offset the costs associated with living in and maintaining a caravan. This allowance is to be moved year to year to reflect the change in CPI for Perth. (4) The following conditions shall apply to Rangers Assistants on vermin, plant or noxious weed control who are required to use a toxic substance. (a) The employee shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials. (b) The employee using such materials shall be provided with, and shall use, all safeguards as are required by the appropriate government authority or, in the absence of such requirement, such safeguards as are defined by a competent authority or person chosen by the union and the employer. (c) The employee using toxic substances or materials of a like nature shall be paid 48 cents per hour extra. Employees working in close proximity to employees so engaged shall be paid 39 cents per hour extra. (d) For the purposes of this subclause toxic substances shall include epoxy based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature. (5) (a) An employer who requires a Rangers Assistant to use a pesticide shall— (i) Inform the employee of any known health hazards involved; and (ii) Ascertain from the Department of Health and Medical Services whether and, if so, what protective clothing or equipment should be worn during its use. (b) Pending advice from that department the employer may require the pesticide to be used if the employer informs the employee of any safety precautions specified by the manufacturer of the pesticide and instructs the employee to follow those precautions. (c) The employer shall supply the employee with any protective clothing or equipment required pursuant to paragraphs (a) and (b) of this subclause and, where necessary, instruct the employee in its use. (d) An employee required to wear protective clothing or equipment for the purpose of this subclause shall be paid 48 cents per hour or part thereof while doing so unless the Union and the employer agree that by reason of the nature of the protective clothing or equipment the employee does not suffer discomfort or inconvenience while wearing it or, in the event of disagreement, the