Award, 1980 No. R 38 of 1978. 27 July 1998. Order. HAVING heard Ms C.L.L. Thomas on behalf of the v Mr P.S. Swingler on behalf of the
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APPLICANT: Award, 1980 No. R 38 of 1978. 27 July 1998. Order. HAVING heard Ms C.L.L. Thomas on behalf of the
RESPONDENT: Mr P.S. Swingler on behalf of the
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WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Hospital Salaried Officers Association of Western Australia (Union of Workers) and Silver Chain Nursing Association No. 1239 of 1998. Hospital Salaried Officers (Silver Chain) Award, 1980 No. R 38 of 1978. 27 July 1998. Order. HAVING heard Ms C.L.L. Thomas on behalf of the Applicant and Mr P.S. Swingler on behalf of the Respondent and by con- sent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders— THAT the Hospital Salaried Officers (Silver Chain) Award, 1980 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 date hereof. (Sgd.) G.L. FIELDING, [L.S.] Senior Commissioner. Schedule. 1. 1B.—Minimum Adult Award Wage.—Delete this clause and insert in lieu thereof the following— 1B. —MINIMUM ADULT AWARD WAGE (1) No adult employee shall be paid less than the Mini- mum Adult Wage unless otherwise provided by this clause. (2) The Minimum Adult Award Wage for full time adult employees is $373.40 per week payable from the be- ginning of the first pay period commencing on or after 27 July 1998. (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 arbitrated safety net adjustments of $14.00, $12.00 or $10.00 per week as the case may be, from 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 of the Minimum Adult Award Wage of $373.40. (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 prescrip- tion 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) (a) The rates of pay in this award include the mini- mum weekly wage for adult employees payable under the June 1998 State Wage Case Decision. Any increase arising from the inser- tion 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 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 agreements. Ab- sorption which is contrary to the terms of an agreement is not required. (b) Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from en- terprise agreements, are not to be used to offset the adult minimum wage. 2. Schedule B – Minimum Salaries: Delete this schedule and insert in lieu thereof the following— SCHEDULE B MINIMUM SALARIES (1) The minimum rates of salaries to be paid to employ- ees covered by this award shall be set out hereunder. (2) Minimum Salaries— LEVEL CURRENT Jun-98 NEW ASNA Level 1— 1st year of service 21,006 730 21,736 2nd year of service 21,396 730 22,126 3rd year of service 21,795 730 22,525 Level 2— 1st year of service 22,117 730 22,847 2nd year of service 22,771 730 23,501 3rd year of service 23,421 730 24,151 4th year of service 24,069 730 24,799 Level 3 24,720 730 25,450 25,371 730 26,101 26,120 730 26,850 Level 4 26,638 730 27,368 27,403 730 28,133 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 3326 LEVEL CURRENT Jun-98 NEW ASNA Level 5 28,307 730 29,037 29,010 626 29,636 Level 6 29,749 626 30,375 30,928 626 31,554 Level 7 31,545 626 32,171 32,470 626 33,096 Level 8 33,421 626 34,047 34,772 626 35,398 Level 9 35,476 626 36,102 36,443 626 37,069 Level 10 37,438 522 37,960 38,462 522 38,984 Level 11 40,434 522 40,956 41,898 522 42,420 Level 12 43,978 522 44,500 Level 13 45,091 522 45,613 46,501 522 47,023 Level 14 47,962 522 48,484 Level 15 50,097 522 50,619 51,847 522 52,369 A1 54,027 522 54,549 2 56,202 522 56,724 3 58,354 522 58,876 4 60,530 522 61,052 5 64,189 522 64,711 6 66,839 522 67,361 7 69,494 522 70,016 8 72,493 522 73,015 9 75,675 522 76,197 (a) An employee, who is 21 years of age or older on appointment to a classification equivalent to Level 1, may be appointed to the minimum rate of pay based on years of service, not on age. (b) Annual increments shall be subject to the em- ployee’s satisfactory performance over the preceding twelve months. (c) Any dispute in relation to the payment of an annual increment shall be referred to the West- ern Australian Industrial Relations Commission for determination. (d) Employees who are appointed to Level 1, Level 2, or Level 3, and are under 21 years of age, salaries shall be calculated using the fol- lowing percentages of the first year of service rate for the Level the employee is appointed to— Under 17 years of age 54% 17 years of age 64% 18 years of age 74% 19 years of age 86% 20 years of age 97% Notwithstanding this provision, the employer can ap- point an employee to the first year of service rate or higher. (3) Salaries—Specified Callings and Other Professionals (a) Employees who are employed in the calling of Medical Scientist, Scientific Officer, Dieti- tian, Occupational Therapist, Physiotherapist, Social Worker, Speech Pathologist, or any other professional calling as agreed between the Union and employers, shall be entitled to Annual Salaries as follows— LEVEL CURRENT Jun-98 NEW ASNA Level 5/10 28,307 730 29,037 29,749 626 30,375 31,545 626 32,171 33,421 626 34,047 36,443 626 37,069 38,462 522 38,984 LEVEL CURRENT Jun-98 NEW ASNA Level 11/12 40,434 522 40,956 41,898 522 42,420 43,978 522 44,500 Level 13/14 45,091 522 45,613 46,501 522 47,023 47,962 522 48,484 Level 15 50,097 522 50,619 51,847 522 52,369 A1 54,027 522 54,549 2 56,202 522 56,724 3 58,354 522 58,876 4 60,530 522 61,052 5 64,189 522 64,711 6 66,839 522 67,361 7 69,494 522 70,016 8 72,493 522 73,015 9 75,675 522 76,197 (b) Subject to subclause (d) of this clause, on ap- pointment or promotion to the Level 5/10 under this clause— (i) Employees, who have completed an approved three academic year tertiary qualification, relevant to their calling, shall commence at the first year incre- ment. (ii) Employees, who have completed an approved four academic year tertiary qualification, relevant to their calling, shall commence at the second year in- crement. (iii) Employees, who have completed an approved Masters or PhD Degree, rel- evant to their calling, shall commence on the third year increment. Provided that employees who attain a higher tertiary level qualification after appointment shall not be entitled to any advanced progres- sion through the range. (c) The employer and union shall be responsible for determining the relevant acceptable quali- fications for appointment for the callings covered by this clause and shall maintain a manual setting out such qualifications. (d) The employer, in allocating levels pursuant to clause (3) of this schedule may determine a commencing salary above Level 5/10 for a particular calling/s. (e) Annual increments shall be subject to the em- ployee’s satisfactory performance over the preceding twelve months. (f) Any dispute in relation to the payment of an annual increment shall be referred to the West- ern Australian Industrial Relations Commission for determination. (4) The rates of pay in this award include three arbi- trated safety net adjustments totalling $24.00 per week and the $10.00 per week arbitrated safety net adjustment payable from the beginning of the first pay period on or after the 14th day of November 1997. Furthermore the rates of pay in this award include the arbitrated safety net adjustments of the follow- ing amounts— (a) $14.00 per week increase in award rates up to and including $550.00 per week (b) $12.00 per week increase in award rates above $550.00 per week and up to and including $700.00 per week; and (c) $10.00 per week increase in award rates above $700.00 per week. These arbitrated safety net adjustments shall be off- set against any equivalent amount in rates of pay received by employees since 1 November 1991 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3327 78 W.A.I.G. whose wages and conditions are regulated by this award and which are above the wage rates prescribed in it, provided that the above award payments in- clude wages payable under an enterprise agreement in which absorption is not contrary to the terms of the enterprise agreement. Increases made under State Wage Case Principles prior to June 1998, except those resulting from en- terprise agreements, are not to be used to offset this arbitrated safety net adjustment of $14.00, $12.00 or $10.00 per week as the case may be. HOTEL AND TAVERN WORKERS’ AWARD, 1978. No. R 31 of 1977.