Award 1964. No. 22 of 1963. CHIEF COMMISSIONER W.S. COLEMAN. 22 October 1998. Order. HAVING heard Ms S. Jackson on behalf of the v Ms N. Aitken and on behalf of the
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APPLICANT: Award 1964. No. 22 of 1963. CHIEF COMMISSIONER W.S. COLEMAN. 22 October 1998. Order. HAVING heard Ms S. Jackson on behalf of the
RESPONDENT: Ms N. Aitken and on behalf of the
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WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western Australian Branch and Hon. Min. for Education. No. 1049 of 1998. The Teachers’ (Kindergartens) Award 1964. No. 22 of 1963. CHIEF COMMISSIONER W.S. COLEMAN. 22 October 1998. Order. HAVING heard Ms S. Jackson on behalf of the Applicant and Ms N. Aitken and 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 Teachers’ (Kindergartens) Award 1964 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 20th day of July, 1998. (Sgd.) W.S. COLEMAN, [L.S.] Chief Commissioner. Schedule. 1. Clause 1B.—Minimum Adult Award Wage: Delete this clause and replace with the following— 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. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 4378 (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 10.—Salaries: Delete subclauses (1)(a), (b), (c) and (d) replace with the following. 10.—SALARIES (1) The following salary scales shall be paid to teachers according to qualifications, experience and position. Arbitrated Safety Net Adjustments Total Per Annum (Per Annum) Per Annum $ $ $ GRADE— (a) Scale A 1 21,867 2503 24,370 2 24,170 2503 26,673 3 25,441 2503 27,944 4 26,712 2503 29,215 5 27,983 2399 30,382 6 29,309 2399 31,708 7 29,650 2399 32,049 8 31,478 2399 33,877 9 32,250 2399 34,649 (b) Scale A1 1 22,763 2503 25,266 2 25,088 2503 27,591 3 26,355 2503 28,858 4 27,621 2399 30,020 5 28,928 2399 31,327 6 30,271 2399 32,670 7 31,615 2399 34,014 8 32,448 2399 34,847 9 33,217 2399 35,616 (c) Scale B 1 — — — 2 25,757 2503 28,260 3 27,298 2399 29,697 4 28,883 2399 31,282 5 30,513 2399 32,912 6 32,151 2399 34,550 7 33,563 2399 35,962 8 34,969 2295 37,264 9 36,395 2295 38,690 (d) Scale B1 1 — — — 2 26,867 2503 29,370 3 28,427 2399 30,826 4 30,051 2399 32,450 5 31,682 2399 34,081 6 33,324 2399 35,723 7 34,735 2399 37,134 8 36,148 2295 38,443 9 37,577 2295 39,872 3. Clause 10.—Salaries: Immediately following subclause (4) insert the following as new subclauses (5) and (6)— (5) 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. 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 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 enter- prise 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. (6) The rates of pay in this award include the arbitrated 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 conditions 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 agree- ments, consent awards or award variations to give effect to enterprise agreements and over award ar- rangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous State Wage Case Prin- ciples or under the current Statement of Principles, excepting those resulting from enterprise agreements are not to be used to offset arbitrated safety net ad- justments. TIMBER WORKERS AWARD. No. 36 of 1950.