alian Nursing Federation Industrial Union of Workers Perth and Dr E.A. Adler and Others. No. 1212 of 1995. COMMISSIONER C.B. PARKS. 15 February 1996. Order. HAVING heard Mr A. Dzieciol on behalf of the v Mr P.G. Robertson on behalf of the
Not yet cited by other cases
APPLICANT: alian Nursing Federation Industrial Union of Workers Perth and Dr E.A. Adler and Others. No. 1212 of 1995. COMMISSIONER C.B. PARKS. 15 February 1996. Order. HAVING heard Mr A. Dzieciol on behalf of the
RESPONDENT: Mr P.G. Robertson on behalf of the
This case hasn't been analysed yet.
Sign in to analyse
Generate ratio, outcome, key facts, concept tags and cited-case edges. Takes ~15–30 seconds.
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Concept tags · 4
Archived text (790 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Nursing Federation Industrial Union of Workers Perth and Dr E.A. Adler and Others. No. 1212 of 1995. COMMISSIONER C.B. PARKS. 15 February 1996. Order. HAVING heard Mr A. Dzieciol on behalf of the Applicant and Mr P.G. Robertson on behalf of the Respondents and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders: THAT the Nurses (Dentists Surgeries) Award 1977 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 30 January, 1996. (Sgd.) C. B. PARKS, [L.S.] Commissioner. Schedule. 1. Clause 2.Arrangement: Immediately following the number and words 25.Calculation of Penalties, insert the following 26.Enterprise Agreements. 2. Clause 21.Wages: Delete this clause and insert in lieu thereof: 21.WAGES (1) The minimum rate of wage payable per week shall be as follows: First and Second Total Base Rate Arbitrated Safety Rate Per Per Week Net Adjustment Week $ $ $ (a) Registered Dental Nurse 1st Year of experience 346.20 16.00 362.20 after registration 2nd Year of experience 353.20 16.00 369.20 after registration and thereafter (b) Registered General Nurse 1st Year of experience 391.90 16.00 407.90 after registration 2nd Year of experience 400.90 16.00 416.90 after registration and thereafter (c) The rates of pay in this Award include the first $8.00 per week Arbitrated Safety Net Adjustment payable under the December, 1994 State Wage Decision. The first $8.00 per week Arbitrated Safety Net Adjust- ment may be offset to the extent of any wage in- crease as a result of agreements reached at enterprise level since 1 November, 1991. Increases made un- der previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset Arbitrated Safety Net Adjustments. (d) The rates of pay in this Award include the second $8.00 per week Arbitrated Safety Net Adjustment payable under the December 1994 State Wage Deci- sion. This second $8.00 per week Arbitrated Safety Net Adjustment may be offset to the extent of any wage increase payable since 1st November, 1991, pursuant to enterprise agreements, enterprise flex- ibility agreements or consent awards or award vari- ations to give effect to enterprise agreements insofar as that wage increase has not previously been used to offset an Arbitrated Safety Net Adjustment. Increases made under previous State Wage Case WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 717 76 W.A.I.G. Principles, or under the current Statement of Princi- ples, excepting those resulting from enterprise agree- ments, are not to be used to offset Arbitrated Safety Net Adjustments (2) The employer may require an employee to receive wages by electronic funds transfer into an account held at any major bank, Building Society or Nurses Credit as nominated by the employee. Any costs associated with the establishment of such an account and of the operation of it shall be borne by the employee. 3. Clause 25.Calculation of Penalties: Immediately following this clause insert a new clause, Clause 26. Enterprise Agreements, as follows: 26.ENTERPRISE AGREEMENTS (1) (a) Employers and employees covered by this award, may reach agreement to move to vary provisions of this award to meet the requirements of the employers business and the aspirations of the employees concerned. (b) Such agreements shall be subject to the procedures contained in subclause (2) of this clause. (2) (a) The proposed variation shall be committed to writing, and shall be the subject of negotiation between the persons directly concerned with their effect. (b) Where enterprise level discussions are considering matters requiring award variation, the union shall be notified. (c) Nothing in this clause shall prevent the employees from seeking advice from, or representation by, the union during such negotiations. (d) Any agreement reached out of this negotiation process shall be committed to writing and, if the union has not been involved in the negotiations, a copy shall be sent to the Secretary of the union. (e) Where the agreement represents the consent of the employer and the majority of the employees concerned, the union shall not unreasonably oppose the terms of that agreement. (f) No employees shall lose any existing entitlement to earnings for working ordinary hours of work as a result of the implementation of the enterprise agreement, provided that employers and employees may agree on terms and conditions in the aggregate no less favourable to the employees than those prescribed by the award for working ordinary hours of work. (3) Any agreement to vary the award shall be processed in accordance with Section 40 of the Industrial Relations Act, 1979, and shall be subject to approval by the