WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Food Preservers’ Union of Western Australia Union of Workers and Anchor Products Pty Ltd and Others. No. 1385 of 1998. Food Industry (Food Manufacturing or Processing) Award. No. A 20 of 1990. CHIEF COMMISSIONER W.S. COLEMAN. 29 October 1998. Order. HAVING heard Mr T. Pope on behalf of the Applicant and Mr C. Keys on behalf of the Respondent and by consent, the Com- mission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders— THAT Food Industry (Food Manufacturing or Process- ing) Award 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 23rd day of October 1998. (Sgd.) W.S. COLEMAN, [L.S.] Chief Commissioner. Schedule. 1. Clause 1B.—Minimum Adult Award Wage: Delete the subclauses (1) to (7) inclusively and insert in lieu thereof the following— (1) No adult employee shall be paid less than the Mini- mum Adult Award Wage unless otherwise provided by this clause. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 4336 (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 23rd October 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 Oc- tober, 1998, including the $14.00 per week arbitrated safety net adjustment from matter No. 1385 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 31.—Wages: Delete the preamble and subclause (1) and insert in lieu thereof the following— The following shall be the minimum weekly rate of wage payable to employees covered by this award from the first pay period commencing on or after 23rd October 1998. TOTAL Rate Per Week $ (1) Section One to Six as Defined— Level 1 (78%) 373.40 Level 1A (80%) 381.80 Level 2 (82%) 390.10 Level 3 (87.4%) 412.60 Level 4 (92.4%) 433.50 Level 5 (100%) 465.20 The rates of pay in this award include three arbi- trated safety net adjustments totalling $24.00 per week available under the Arbitrated Safety Net Ad- justment Principle pursuant to either the December 1993 State Wage Decision, the December 1994 State Wage Decision and the March 1996 State Wage De- cision. This first, second and third $8.00 per week arbitrated safety net adjustments may be offset to the extent of any wage increase payable since 1 No- vember 1991 pursuant to enterprise agreements or consent awards or award variations to give effect to enterprise agreements, insofar as that wage increase or part of it has not previously been used to offset an arbitrated safety net adjustment. Increases made un- der 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. Furthermore the rates of pay in this award include the $10.00 per week arbitrated safety net adjustment payable from the beginning of the first pay period on or after 14th day of November 1997. These arbitrated safety net adjustments shall be off- set against any equivalent amount in rates of pay received by employees since 1 November 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 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 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. The rates of pay in this award include the arbitrated adjustment payable under the June 1998 State Wage Decision. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and condi- tions 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 made under previous State Wage Case Prin- ciples or under the current Statement of Principles, excepting those resulting from enterprise agreement, are not to be used to offset arbitrated safety net ad- justments. GATE, FENCE AND FRAMES MANUFACTURING AWARD. No. 24 of 1971.