WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western Australian Branch and N’Gala Inc. No. 1035 of 1998. Hospital Workers’ (N’Gala) Award No. 6A of 1958. COMMISSION IN COURT SESSION CHIEF COMMISSIONER W.S. COLEMAN. COMMISSIONER S.A. CAWLEY. COMMISSIONER A.R. BEECH. 14 December 1998. Order. HAVING heard Ms S. Jackson on behalf of the applicant and Mr J. Uphill and with him Ms N. Embleton on behalf of the respondent the Commission, pursuant to the powers conferred on it by the Industrial Relations Act, 1979, hereby orders— THAT the Hospital Workers’ (N’Gala) Award No. 6A of 1958 be varied in accordance with the following Sched- ule with effect from the beginning of the first pay period commencing on or after the 17th day of July 1998. BY THE COMMISSION IN COURT SESSION. (Sgd.) W.S. COLEMAN, [L.S.] Chief Commissioner. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 79 W.A.I.G. 42 Schedule. 1. Clause 1B.—Minimum Adult Award Wage: Delete this clause and insert the following in lieu thereof— 1B.—MINIMUM ADULT AWARD WAGE (1) No adult employee shall be paid less than the Mini- mum Adult Award Wage unless otherwise provided by this clause. (2) The Minimum Adult Award Wage for full time adult employees is $373.40 per week. (3) The Minimum Adult Award Wage of $373.40 per week is deemed to include all arbitrated safety net adjustments from State Wage Case decisions to June, 1998, including the increase in Matter No. 757 of 1998. (4) Unless otherwise provided in this clause adults em- ployed as casual or part time employees shall not be paid less than pro rata the Minimum Adult Award Wage according to the hours worked. (5) Juniors shall be paid no less than the wage deter- mined by applying the percentage prescribed in the junior rates provision to the Minimum Adult Award Wage of $373.40 per week. (6) (a) The Minimum Adult Award Wage shall not apply to apprentices, employees engaged on traineeships or Jobskills placements, or to other categories of employees who by prescription are paid less than the minimum award rate. (b) Liberty to apply is reserved in relation to any special categories 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 sick leave, long service leave and an- nual leave and for all other purposes of this award. (8) Minimum Adult Award Wage The rates of pay in this award include the minimum weekly wage for adult employees payable under the June 1998 State Wage Case Decision. Any increase arising from the insertion of the adult minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and con- ditions 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 enter- prise agreements and over award arrangements. Absorption which is contrary to the terms of an agree- ment is not required. Increases under previous State Wage Case Princi- ples or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the adult minimum wage. 2. Clause 17.—Allowances and Special Provisions : In subclause (1) of this clause delete the amount of $1.40 and insert the amount of $1.48 in lieu thereof. 3. Clause 32.—Wages— A. Delete subclause (1) of this clause and insert the fol- lowing in lieu thereof— (1) The minimum weekly rate of wage payable to employees covered by this award shall be the Base Rate plus the Arbitrated Safety Net Adjustment (ASNA) Payment expressed here- under— Base Arbitrated Minimum Rate Safety Net Weekly Adjustments Rate $ $ $ Hospital Worker Level 1— Comprehends the following classes of work— Cleaner Domestic Gardener (other) Ironer and Presser Kitchen Assistant Laundry Assistant Orderly (other) Pantry Assistant Hotel Services Assistant Yard Assistant Ward Assistant 1st year of employment 369.80 48.00 417.80 2nd year of employment 374.30 48.00 422.30 3rd year of employment and thereafter 378.30 48.00 426.30 Hospital Worker Level 2— Comprehends the following classes of work— Gardener (only one employed) Orderly (handling patients) First Laundry Worker (where more than 1 employed) Washing Machine Attendant 1st year of employment 374.90 48.00 422.90 2nd year of employment 379.80 48.00 427.80 3rd year of employment and thereafter 384.10 48.00 432.10 Hospital Worker Level 3— Comprehends the following classes of work— Menu Assistants Gardener (Herbicide and Propagator) 1st year of employment 383.80 48.00 431.80 2nd year of employment 388.20 48.00 436.20 3rd year of employment and thereafter 392.30 48.00 440.30 Hospital Worker Level 4— Comprehends the following classes of work— Cooks 1st year of employment 398.80 48.00 446.80 2nd year of employment 402.50 48.00 450.50 3rd year of employment and thereafter 406.20 48.00 454.20 Provided that employees who possess recognised qualifica- tion in the trade of cooking shall be paid not less than the following— 1st year of employment 454.80 48.00 502.80 2nd year of employment 459.10 48.00 507.10 3rd year of employment and thereafter 462.90 48.00 510.90 JUNIOR HOSPITAL EMPLOYEES— The minimum rate of wage payable to junior hospital em- ployees shall be the following percentage of the prescribed wage for an adult employee in his/her first year of employ- ment doing the same class of work. % Under 17 years of age 60 At 17 years of age 70 At 18 years of age 80 At 19 years of age 100 B. Immediately following subclause (3) of this clause insert the following— (4) The rates of pay in this award include the ar- bitrated safety net adjustment payable under the June 1998 State Wage Case Decision. This arbitrated safety net adjustment shall be offset against any equivalent amount in rates of pay received by employees whose wages and con- ditions of employment are regulated by this WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 43 79 W.A.I.G. award which are above the wage rates pre- scribed 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 made 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 arbitrated safety net adjustments.