WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western Australian Branch and Board of Management, Albany Regional Hospital and Others. No. 1071 of 1998. Enrolled Nurses and Nursing Assistants (Government) Award. No. R7 of 1978. CHIEF COMMISSIONER W.S. COLEMAN. 25 August 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 and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders— THAT the Enrolled Nurses and Nursing Assistants (Government) Award be varied in accordance with the following Schedule and that such variation shall have ef- fect from the beginning of the first pay period commencing on or after the 17th July 1998. (Sgd.) W.S. COLEMAN, [L.S.] Chief Commissioner. 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. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3521 78 W.A.I.G. (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 24.—Shift Work: In subclause (1)(a) delete the amount of $1.63 and insert in lieu the amount of $1.71. In subclause (2)(a) delete the amount of $2.44 and insert the amount of $2.57 in lieu thereof. In subclause (3)(a) delete the amount of $6.49 and insert the amount of $6.82 in lieu thereof. In subclause (3)(b) delete the amount of $12.98 and insert the amount of $13.67 in lieu thereof. 3. Clause 26.—Wages: Delete subclauses (1), (2), (3) & (4) from this clause and insert the following in lieu thereof— Base Arbitrated Weekly Rate Safety Net Rate Adjust- ments $ $ $ (1) Enrolled Nurse Level One 1st year of employment 418.80 48.00 466.80 2nd year of employment 423.80 48.00 471.80 3rd year of employment and thereafter 434.70 48.00 482.70 (2) Enrolled Nurse Level Two 1st year of employment 427.60 48.00 475.60 2nd year of employment 432.70 48.00 480.70 3rd year of employment and thereafter 443.50 48.00 491.50 (3) Enrolled Nurse Level Three 456.10 48.00 504.10 (4) Nursing Assistant (at 19 years of age and over) 1st year of employment 377.40 48.00 425.40 2nd year of employment 387.80 48.00 435.80 3rd year of employment and thereafter 398.30 48.00 446.30 (a) The rates of pay in this award include three arbitrated safety net adjustments totalling $24.00 per week available under the Arbitrated Safety Net Adjustment Principle pursuant to either the December 1993 State Wage Deci- sion, the December 1994 State Wage Decision and the March 1996 State Wage Decision. The first, second and third $8.00 per week arbi- trated safety net adjustments may be offset to the extent of any wage increase payable since 1 November 1991 pursuant to enterprise agree- ments or consent awards or award variations to give effect to enterprise agreements, inso- far as that wage increase or part of it has not previously been used to offset an arbitrated safety net adjustment. Increases made under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreement, are not to be used to offset arbitrated safety net adjustments. (b) Furthermore the rates of pay in this award in- clude the $10.00 per week arbitrated safety net adjustment payable from the beginning of the first pay period on or after 14th day of No- vember 1997. This arbitrated safety net adjustment shall be offset against any equivalent amount in rates of pay received by employees since 1 Novem- ber 1991 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 include wages pay- able under an enterprise agreement in which absorption is not contrary to the terms of the enterprise agreement. Increases made under State Wage Case Prin- ciples prior to November 1997, except those resulting from enterprise agreements, are not to be used to offset this arbitrated safety net adjustment of $10.00 per week. (c) 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 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 off- set arbitrated safety net adjustments. 4. Clause 26.—Wages: Subclause (7)(c) of this clause—de- lete the amount of $9.25 and insert the amount of $9.72. 5. Clause 26. – Wages: Delete subclause (11) of Clause 26.— Wages and insert the following in lieu thereof— (11) Leading hands shall be paid the ordinary wage pre- scribed for the classification in which they are employed increased by— (a) $15.75 per week when in charge of not less than three and not more than ten other em- ployees; (b) $23.65 per week when in charge of more than 10 and not more than 20 other employees; and (c) $31.55 per week when in charge of more than 20 employees. The provisions of this subclause shall not apply to en- rolled community nurses or enrolled community school nurses. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 3522 ENROLLED NURSES AND NURSING ASSISTANTS (PRIVATE) Award No. 8 of 1978.