WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Transport Workers’ Union of Australia, Industrial Union of Workers, Western Australian Branch and Eastern Goldfields Transport Board. No. 1365 of 1996. Transport Workers’ (Eastern Goldfields Transport Board) Award 1976. No. 23 of 1976. COMMISSIONER P E SCOTT. 10 December 1996. Order. HAVING heard Ms R McGinty on behalf of the Applicant and Ms L Halligan 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 Transport Workers’ (Eastern Goldfields Transport Board) Award 1976 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 1st day of November 1996. (Sgd.) P. E. SCOTT, [L.S.] Commissioner. ——— Schedule. 1. Clause 2.—Arrangement: Delete this clause and insert the following in lieu thereof: 1. Title 1A Statement of Principles—August 1996 2. Arrangement 2A. State Wage Principles—September 1989 3. Area and Scope 4. Term 5. Hours 6. Spread of Hours 6A. Implementation of 38 Hour Week 6B. Procedures for In-Plant Discussions 6C. Hours Transition Provision 7. Meals 8. Duty Roster 9. Days Off 10. Signing On and Off 11. Reports 12. Recall 13. Private Hire 14. Sick Leave 15. Payment of Wages 16. Annual Leave 17. Public Holidays 18. Long Service Leave 19. Uniforms and Protective Clothing or Equipment 20. Contract of Service 21. Change Money 22. Drivers & Bus Licence 23. Free Transport 24. Amenities 25. Shop Steward 26. Disputes 27. Definitions 28. Time & Wages Record 29. Board of Reference 30. Bereavement Leave 31. District Allowance 32. Posting of Award & Union Notices 33. Structural Efficiency 34. Wages 35. Dispute Settlement Procedures 36. Training Leave 37. Consultative Committee 38. Supported Wage System Appendix—Resolution of Disputes Requirements Appendix—S.49B—Inspection Of Records Require- ments 2. Clause 34.—Wages: Delete this clause and insert the fol- lowing in lieu thereof: The following shall be the minimum rates of wages pay- able to employees covered by this award— (1) Adult Omnibus Driver— Rate Safety Total Base Net Wage Rate Adjustment Per Week $ $ $ First year of service 441.37 24.00 465.37 Second year of service 446.18 24.00 470.18 Third year of service 452.74 24.00 476.74 (2) Leading hands shall be paid at a rate exceeding the highest rate of employees he/she supervises by an amount of $16.80 per week. (3) 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, the March 1996 State Wage Deci- sion and the August 1996 State Wage Decision. The 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 November, 1991 pursuant to enterprise agreements, or consent awards or award variations to give effect to enterprise agree- ments, insofar 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 enter- prise agreements, are not to be used to offset arbi- trated safety net adjustments. 3. Clause 37.—Consultative Committee: Immediately after this clause insert the following new Clause 38.—Supported Wage System: 38.—SUPPORTED WAGE SYSTEM (1) Subject to the provisions of this clause an employer and an employee meeting the eligibility criteria may reach agreement to be paid under the Supported Wage System in accordance with this agreement. (2) Definitions In the context of this clause, the following defini- tions shall apply: (a) “Supported Wage System” means the Com- monwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in ‘Supported Wage System: Guidelines and Assessment Process’. (b) “Accredited Assessor” means a person accred- ited by the Management Unit established by the Commonwealth under the Supported Wage System to perform assessment of an individu- al’s productive capacity within the Supported Wage System. (c) “Disability Support Pension” means the Com- monwealth pension scheme to provide income security for persons with a disability as pro- vided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme. (d) “Assessment Instrument” means the form pro- vided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 77 W.A.I.G. 250 (3) Eligibility Criteria (a) Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is en- gaged under this award, because of the effects of a disability on their productive capacity and, who meet the impairment criteria for receipt of a Disability Support Pension. (b) The clause does not apply to any existing employee who has a claim against the em- ployer which is subject to the provisions of workers’ compensation legislation or any pro- vision of this clause relating to the rehabilita- tion of employees who are injured in the course of their current employment. (c) (i) This clause does not apply to employ- ers in respect of their facility, program, undertaking, service or the like which receive funding under the ‘Disability Services Act 1986’, and fulfil the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or eligible for a Disability Support Pension. (ii) Provided that this exclusion shall not prevent services funded under Sections 10 or 12A of the Act referred to in sub- paragraph (i) hereof, engaging persons who meet the eligibility criteria under the Supported Wage System, on work covered by this award, where both par- ties wish to access the system provided all other criteria are met. (4) Supported Wage Rates (a) (i) Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing accord- ing to the following schedule: Assessed Capacity % of Prescribed Award Rate 10% 10% 20% 20% 30% 30% 40% 40% 50% 50% 60% 60% 70% 70% 80% 80% 90% 90% (ii) Provided that the amount payable shall be not less than $45 per week (the or- dinary income free area for the Disabil- ity Support Pension as at 1 July 1994). (b) Where an employee’s assessed capacity rate is ten percent, they shall receive a high degree of assistance and support. (5) Assessment of Capacity (a) For the purpose of establishing the percent- age of the award rate to be paid to an employee under this award, the productivity capacity of the employee will be assessed in accordance with the Supported Wage System and docu- mented in an assessment instrument by either: (i) The employer and the union, in con- sultation with the employee, or, if de- sired, by any of these; or (ii) The employer and an accredited asses- sor from a panel agreed to by the par- ties to the award and the employee. (6) Lodgment of Assessment Instrument (a) All assessment instruments under the condi- tion of this clause including the appropriate percentage of the award rate to be paid to the employee, shall be lodged by the employer with the Registrar of the