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Award 1978. No. R 17 of 1974. 13 August 1998. Order. HAVING heard Ms C.L.L. Thomas on behalf of the v Mr M.J. West on behalf of the

(1998) 78 WAIG 3534 Single Commissioner (WAIRC) 1998-08-13 File: No. 1240 of 1998
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APPLICANT: Award 1978. No. R 17 of 1974. 13 August 1998. Order. HAVING heard Ms C.L.L. Thomas on behalf of the
RESPONDENT: Mr M.J. West on behalf of the
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Concept tags · 1

[S]Wages — payment obligations
Archived text (1886 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Hospital Salaried Officers Association of Western Australia (Union of Workers) and Australian Red Cross Blood Transfusion Service. No. 1240 of 1998. Hospital Salaried Officers (Red Cross Blood Transfusion Service) Award 1978. No. R 17 of 1974. 13 August 1998. Order. HAVING heard Ms C.L.L. Thomas on behalf of the Applicant and Mr M.J. West 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 Hospital Salaried Officers (Red Cross Blood Transfusion Service) Award 1978 be varied in accord- ance with the following Schedule and that such variation shall have effect from the beginning of the first pay pe- riod 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 Minimum 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 beginning 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 arbi- trated 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 employed 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 determined by applying the percentage prescribed in the junior rates pro- vision 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 pre- scription 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 re- lation 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 annual leave and for all other purposes of this award. (8) (a) 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 in- sertion of the adult minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3533 78 W.A.I.G. 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 enterprise agreements and over award agree- ments. Absorption 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 re- sulting from enterprise agreements, are not to be used to offset the adult minimum wage. 2. Clause 29A.—Enterprise Bargaining Agreement: Delete subclause (4) of this clause and insert in lieu thereof the fol- lowing— (4) Salaries (a) Notwithstanding the provisions in Schedule B, the salaries to apply as a result of the enterprise bargain shall be— (i) (aa) From 1 April 1996, the minimum rates of salaries to be paid to employees cov- ered by this Award shall be as set out hereunder. These minimum rates of salaries have resulted from enterprise bargaining and may be used to offset future arbitrated safety net adjustments in accordance with the relevant State Wage Principles until 31 December 1997 unless otherwise agreed. (bb) The third $8.00 Arbitrated Safety Net Adjustment shall be absorbed into the minimum rates of salaries set out here- under. Furthermore the rates of pay in this award include the $10.00 per week ar- bitrated safety net adjustment payable from the beginning of the first pay pe- riod on or after 14th day of November 1997 This arbitrated safety net adjustment shall be offset against any equivalent amount in rates of pay received by employees since 1 November 1991 whose wages and conditions are regu- lated by this award and which are above the wage rates prescribed in it, provided that the above award payments include 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 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. (ii) Minimum Salaries Salary ASNA TOTAL Per Annum Total Minimum Level Rate $ Level 1 Under 17 years of age 11,750 266 12,016 17 years of age 13,724 313 14,037 18 years of age 16,020 365 16,385 19 years of age 18,541 423 18,964 20 years of age 20,823 475 21,298 21 years of age—1st year of service 22,872 522 23,394 22 years of age—2nd year of service 23,579 522 24,101 23 years of age—3rd year of service 24,281 522 24,803 24 years of age—4th year of service 24,980 522 25,502 Salary ASNA TOTAL Per Annum Total Minimum Level Rate $ Level 2 25,683 522 26,205 26,387 522 26,909 27,195 522 27,717 27,755 522 28,277 28,581 522 29,103 Level 3 29,557 522 30,079 30,317 522 30,839 31,115 522 31,637 32,388 522 32,910 Level 4 33,054 522 33,576 34,053 522 34,575 35,081 522 35,603 36,540 522 37,062 Level 5 37,300 522 37,822 38,344 522 38,866 39,419 522 39,941 40,525 522 41,047 Level 6 42,655 522 43,177 44,236 522 44,758 46,482 522 47,004 Level 7 47,684 522 48,206 49,207 522 49,729 50,785 522 51,307 Level 8 53,091 522 53,613 54,981 522 55,503 A 1 57,335 522 57,857 2 59,684 522 60,206 3 62,008 522 62,530 4 64,358 522 64,880 5 68,310 522 68,832 6 71,172 522 71,694 7 74,039 522 74,561 8 77,278 522 77,800 9 80,715 522 81,237 (aa) An employee, who is 21 years of age or older on appointment to a classifi- cation equivalent to Level 1, may be appointed to the minimum rate of pay based on years of service, not on age. (bb) Annual increments shall be subject to the employee’s satisfactory perform- ance over the preceding twelve months. (cc) Any dispute in relation to the payment of an annual increment shall be referred to the WA Industrial Relations Com- mission for determination. (iii) Salaries—Specified Callings and Other Pro- fessionals (aa) Employees who are employed in the calling of Medical Scientist, Scientific Officer, or any other professional call- ing as agreed between the union and employers, shall be entitled to annual salaries as follows— Level 3/5 29,557 522 30,079 31,115 522 31,637 33,050 522 33,572 35,081 522 35,603 38,344 522 38,866 40,525 522 41,047 Level 6 42,655 522 43,177 44,236 522 44,758 46,482 522 47,004 Level 7 47,684 522 48,206 49,207 522 49,729 50,785 522 51,307 Level 8 53,091 522 53,613 54,981 522 55,503 A 1 57,335 522 57,857 2 59,684 522 60,206 3 62,008 522 62,530 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 3534 Salary ASNA TOTAL Per Annum Total Minimum Level Rate $ 4 64,358 522 64,880 5 68,310 522 68,832 6 71,172 522 71,694 7 74,039 522 74,561 8 77,278 522 77,800 9 80,715 522 81,237 (bb) Subject to sub-placitum (dd) of this placitum, on appointment or promotion to the Level 3/5 under this clause— (aai) Employees, who have com- pleted an approved three academic year tertiary qualifi- cation, relevant to their calling, shall commence at the first year increment. (aii) Employees, who have com- pleted an approved four academic year tertiary qualifi- cation, relevant to their calling, shall commence at the second year increment. (aiii) Employees, who have com- pleted an approved Masters or PhD degree relevant to their calling shall commence on the third increment. Provided that employees who attain a higher tertiary level qualification after appointment shall not be entitled to any advanced progression through the range. (cc) The employer and union shall be re- sponsible for determining the relevant acceptable qualifications for appoint- ment for the callings covered by this clause and shall maintain a manual set- ting out such qualifications. (dd) The employer in allocating levels pur- suant to placitum (ii) of this subclause may determine a commencing salary above Level 3/5 for a particular call- ing/s. (ee) Annual increments shall be subject to the employee’s satisfactory perform- ance over the preceding twelve months. (ff) Any dispute in relation to the payment of an annual increment shall be referred to the WA Industrial Relations Com- mission for determination. (b) These rates of pay recognise negotiations held in October 1996 regarding increased working hours to 38 per week, extension of core hours and equality of entitlements for Saturday morning overtime. 3. 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 employees covered by this award shall be set out hereunder. (2) Minimum Salaries— Levels Current Jun-98 New ASNA Level 1 Under 17 Years of Age 11,363 375 11,738 17 Years of Age 13,270 438 13,708 18 Years of Age 15,490 511 16,001 19 Years of Age 17,929 592 18,521 20 Years of Age 20,135 665 20,800 21 Years of Age 1st Year of Service 22,117 730 22,847 22 Years of Age 2nd Year of Service 22,771 730 23,501 Levels Current Jun-98 New ASNA 23 Years of Age 3rd Year of Service 23,421 730 24,151 24 Years of Age 4th Year of Service 24,069 730 24,799 LEVEL 2 24,720 730 25,450 25,371 730 26,101 26,120 730 26,850 26,638 730 27,368 27,403 730 28,133 LEVEL 3 28,307 730 29,037 29,010 626 29,636 29,749 626 30,375 30,928 626 31,554 LEVEL 4 31,545 626 32,171 32,470 626 33,096 33,421 626 34,047 34,772 626 35,398 LEVEL 5 35,476 626 36,102 36,443 626 37,069 37,438 522 37,960 38,462 522 38,984 LEVEL 6 40,434 522 40,956 41,898 522 42,420 43,978 522 44,500 LEVEL 7 45,091 522 45,613 46,501 522 47,023 47,962 522 48,484 LEVEL 8 50,097 522 50,619 51,847 522 52,369 A1 54,027 522 54,549 A2 56,202 522 56,724 A3 58,354 522 58,876 A4 60,530 522 61,052 A5 64,189 522 64,711 A6 66,839 522 67,361 A7 69,494 522 70,016 A8 72,493 522 73,015 A9 75,675 522 76,197 (a) An employee, who is 21 years of age or older on appoint- ment 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 employee’s satisfactory performance over the preceding twelve months. (c) Any dispute in relation to the payment of an annual in- crement shall be referred to the