WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western Australian Branch and Quadriplegic Centre. No. 1147 of 1994. COMMISSIONER C.B. PARKS. 31 January 1996. Order. HAVING heard Ms S. Ellery on behalf of the Applicant and Mr M. O’Connor on behalf of the Respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders: THAT the Quadriplegic Centre Award 1993 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 1 January 1996. (Sgd.) C.B. PARKS, [L.S.] Commissioner. ——— Schedule. 1. Clause 2.—Arrangement: Insert after the number and title “34. Liberty To Apply”, the new number and title as follows— 35. Enterprise Flexibility Provisions 2. Clause 27.—Wages: A. Delete subclauses (1) and (2) of Part A of this clause and insert in lieu thereof— The minimum rate of wage payable under this award for Enrolled Nurses and Nursing Assist- ants shall be as follows: 1st & 2nd Arbitrated Safety Net Base Rate Adjustment Total Per Week Per Week Per Week $ $ $ (1) Enrolled Nurse Level One 1st year of employment 418.80 16.00 434.80 2nd year of employment 423.80 16.00 439.80 3rd year of employment and thereafter 434.70 16.00 450.80 (2) Nursing Assistant (at 19 years of age and over) 1st year of employment 377.40 16.00 393.40 2nd year of employment 387.80 16.00 403.80 3rd year of employment and thereafter 398.30 16.00 414.30 B. Delete subclause (1) of Part B of this clause and in- sert in lieu thereof— (1) The minimum rate of wage for employees other than Enrolled Nurses and Nursing As- sistants payable under this Award shall be as follows: 1st & 2nd Arbitrated Safety Net Base Rate Adjustment Total Per Week Per Week Per Week $ $ $ LEVEL 1 Cleaner Domestic Catering Attendant All other employees 1st year of employment 369.50 16.00 385.50 2nd year of employment 374.10 16.00 390.10 3rd year of employment and thereafter 378.00 16.00 394.00 LEVEL 2 Handyperson 1st year of employment 383.40 16.00 399.40 2nd year of employment 388.00 16.00 404.00 3rd year of employment and thereafter 392.00 16.00 408.00 LEVEL 3 Senior Food Service Attendant Cleaning Services Supervisor 1st year of employment 399.10 16.00 415.10 2nd year of employment 403.90 16.00 419.90 3rd year of employment and thereafter 408.30 16.00 424.30 LEVEL 4 Tradesperson Cook 1st year of employment 445.10 16.00 461.10 2nd year of employment 451.10 16.00 467.10 3rd year of employment and thereafter 457.00 16.00 473.00 C. Delete subclauses (2) of Part C of this clause and insert in lieu thereof— (2) (a) The rates of pay in this award include the first $8.00 per week arbitrated safety net ad- justment payable under the December, 1994 State Wage Decision. This first $8.00 per week arbi- trated safety net adjustment may be offset to the extent of any wage increase as a result of agree- ments reached at enterprise level since 1 Novem- WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 402 76 W.A.I.G. ber 1991. Increases made under previous State Wage Case Principles or under the current State- ment of Principles, excepting those resulting from enterprise agreements, are not to be used to off- set arbitrated safety net adjustments. (b) The rates of pay in this award include the second $8.00 per week arbitrated safety net ad- justment payable under the December, 1994 State Wage Decision. This second $8.00 per week ar- bitrated safety net adjustment may be offset to the extent of any wage increase payable since 1 November, 1991, pursuant to enterprise agree- ments, consent awards or award variations to give effect to enterprise agreements, insofar as that wage increase has not previously been used to offset an arbitrated safety net adjustment. In- creases made under previous State Wage Case Principles or under the current Statement of Prin- ciples, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. 3. Insert after “Clause 34.—Liberty to Apply”, the following new clause— 35.—ENTERPRISE FLEXIBILITY PROVISIONS (1) Subject to the provisions contained elsewhere in this clause an employer, and an employee or group of employees, covered by this Award may reach agree- ment upon terms and conditions of employment to meet the requirements of the employers enterprise and the aspirations of the employee or employees. (2) Where a matter arises for consideration between an employer, and an employee or group of employees which— (a) were it to be settled between them as a term of an enterprise flexibility agreement such a term would be inconsistent with a provision of this Award, and (b) were an inconsistent term of any such agree- ment to be given legal force and effect it would apply to a current employee who is known to the employer to be a member of the Union, and (c) if it be intended that the