WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western Australian Branch and Dulux Australia Ltd. No. 365 of 1996. Paint and Varnish Makers’ Award No. 22 of 1957. CHIEF COMMISSIONER W.S. COLEMAN. 5 June 1996. Order. HAVING heard Ms S. Ellery on behalf of the Applicant and Ms J. Dowling on behalf of the Respondent, and by consent, and being satisfied that the application accords with the ‘State- ment of Principles—March 1996’ pursuant to the General Order in Matter No. 1164 of 1995 (76 WAIG 911) whereby at least 12 months has elapsed since the Second Arbitrated Safety Net Adjustment was implemented and being informed of the programme established by the parties for the review of the Award under the Structural Efficiency Principle; THEN the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders— THAT the Paint and Varnish Makers’ Award No. 22 of 1957 be varied for the Third Arbitrated Safety Net Ad- justment in accordance with the following Schedule and 10. Clause 26.—Wages: Delete this clause and insert in lieu the following: 26.—WAGES (1) 1st and 2nd Arbitrated Base Rate Safety Net Total Classification Per Week Adjustment Rate $ $ $ Registered Nurse Level 2 Year 1 663.80 16.00 679.80 Year 2 675.88 16.00 691.88 Year 3 691.58 16.00 707.58 Year 4 724.60 16.00 740.60 Registered Nurse Level 3 Year 1 742.20 16.00 758.20 Year 2 758.70 16.00 774.70 Year 3 776.30 16.00 792.30 Years 4 794.70 16.00 810.70 Registered Nurse Level 3A 820.50 16.00 836.50 Registered Nurse Level 4 Year 1 884.25 16.00 900.25 Year 2 953.00 16.00 969.00 Year 3 1021.70 16.00 1037.70 (2) A registered nurse shall, in the case of a nurse working in an urban setting, be classified and paid within the range of a Registered Nurse Level 2 pursuant to subclause (1) of this clause. (3) A registered nurse shall: (a) in the case of a nurse working in other than an urban setting; or (b) in the case of a nurse working in a sole capacity in an urban setting; or (c) in the case of a nurse who is supervising one or more nurses classified at Registered Nurse Level 2 in an urban setting; be classified and paid within the range of Registered Nurse Level 3, pursuant to subclause (1) of this clause. (4) A registered nurse shall, in the case of a nurse working in a nursing outpost, be classified and paid as a Registered Nurse Level 3A pursuant to subclause (1) of this clause, except where that nurse is designated by the employer as a “Senior Nurse” and an additional allowance of 4.5% shall be paid. (5) A registered Nurse co-ordinator and/or educator shall be classified and paid as a Registered Nurse Level 4 pursuant to subclause (1) of this clause. (6) Progression beyond the commencing level will be dependent upon the attainment of additional qualifications relevant to the position held and/or servie in such position provided that advancement by service only shall be limited to one level for each year of service to a maximum of two beyond the commencing level and subject to satisfactory performance. (7) Employees who have had recent, relevant experience, in community nursing shall have such experience recognised by the employer when determining the rate of wage payable under subclause (1) of this clause. The onus of proof of previous experience shall rest on the employee and any calculation arising from the production of work records or other documentary evidence shall only apply from the time such proof is supplied. (8) No current employee covered by this award shall suffer any reduction in wages as a result of the May 1996 amendments to this award. (9) 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. This first $8.00 per week arbitrated safety net adjustment may be offset to the extent of any wage increase as a result of agreements reached at enterprise level since 1 November, 1991. Increases made under 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. (10) 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 Decision. This second $8.00 per WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2002 76 W.A.I.G. that such variation shall have effect on and from the first pay period commencing on or after the 21st day of May, 1996. (Sgd.) W.S. COLEMAN, [L.S] Chief Commissioner. Schedule. 1. Clause 22.—Rates of Pay: Delete subclause (1) of this clause and insert in lieu thereof the following— (1) The minimum weekly rate of wage payable to an employee covered by this award shall include the base rate plus the Arbitrated Safety Net Adjustment expressed hereunder— Base 1, 2 & 3 Minimum Rate Arbitrated Rate Safety Net Adjustments $ $ $ Adult Employees Bulk Paint Tinting— First three months training and experience 396.90 24.00 420.90 After three months training and experience 404.90 24.00 428.90 Varnish Making— First three months training and experience 396.90 24.00 420.90 After three months training and experience 404.90 24.00 428.90 Paint Mixing and/or Operator of Wet Grinding Machine of any kind— First three months training and experience 381.80 24.00 405.80 After three months training and experience 389.90 24.00 413.90 Caustic Plant— First three months training and experience 381.80 24.00 405.80 After three months training and experience 389.90 24.00 413.90 All Others— First three months training and experience 371.20 24.00 395.20 After three months training and experience 379.30 24.00 403.30 2. Clause 22.—Rates of Pay: Delete subclause (4) of this clause and insert in lieu thereof the following— (4) 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 Decision. 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. PASTRYCOOKS’ AWARD No. 24 of 1981.