WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Red Cross Blood Transfusion Service, Western Australia and Hospital Salaried Officers Association of Western Australia (Union of Workers). No. 1282 of 1996. Hospital Salaried Officers (Red Cross Blood Transfusion) Award 1978. SENIOR COMMISSIONER G.L. FIELDING. 30 October 1996. Order. HAVING heard Mr P.G. Robertson on behalf of the Applicant and Mr C. D. Panizza 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 Hospital Salaried Officers (Red Cross Blood Transfusion) Award 1978 be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period com- mencing on or after the date hereof. (Sgd.) G.L. FIELDING, [L.S] Senior Commissioner. Schedule. 1. Clause 2.—Arrangement: A. Delete the following clauses— 15. Compassionate Leave 27. Maternity Leave B. Insert the following clauses in numerical order— 15. Bereavement Leave 16A. Family Leave 17A. Special Leave 27. Parental Leave 29A. Enterprise Bargaining Agreement 31. Dispute Settling Procedure 2. Clause 14.—Holidays and Annual Leave: Delete para- graph (a) of subclause (1) of this clause and insert the follow- ing in lieu thereof— (1) (a)(i) From 1 January 1997, the following days, or days observed in lieu thereof, shall be allowed as holidays without deduction from pay, namely New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, State Foundation Day, Queen’s Birthday, Christmas Day and Boxing Day. (ii) Prior to 1 January 1997, the days observed in accordance with Clause 16(1) of the Hospital Salaried Officers Award No. 39 of 1968 shall be observed as public holidays without deduc- tion of pay. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days referred to in that subclause. In such cases time and one-half shall be paid during ordinary hours worked on any of the abovementioned holidays. 3. Clause 15.—Compassionate Leave: Delete this clause and insert the following in lieu thereof— 15.—BEREAVEMENT LEAVE (1) An employee shall, upon the death of a spouse or de facto spouse, child or stepchild, parent or parent-in- law, including step-parents, brother, sister, grandparent WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 76 W.A.I.G. 4684 or any other person who immediately before that per- son’s death lived with the employee as a member of the employee’s immediate family as defined in Clause 16A, be entitled to bereavement leave of up to two days for each occasion required. (2) Employees may access annual leave and accrued long service leave for the purpose of bereavement in ad- dition to the entitlement under subclause (1) above. (3) Proof of such death shall be furnished by the em- ployee to the satisfaction of the employer if he/she so requests. (4) Provided that this clause shall not have operation while the period of entitlement to leave under it coin- cides with any other period of leave. 4. Clause 16.—Sick Leave: After this clause insert the fol- lowing new clause as follows— 16A.—FAMILY LEAVE (1) This clause operates in conjunction with Clause 16 of the Award. (2) Use of Sick Leave (a) An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement which accrues after the date of this order for absences to provide care and sup- port for such persons when they are ill. (b) The employee shall, if required, establish by production of a medical certificate or statu- tory declaration, the illness of the person con- cerned. (c) The entitlement to use sick leave in accord- ance with this subclause is subject to: (i) the employee being responsible for the care of the person concerned; and (ii) the person concerned being either: (aa) a member of the employee’s immediate family; or (bb) a member of the employee’s household. (iii) the term “immediate family” includes: (aa) a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee; and (bb) a child or an adult child (includ- ing an adopted child, a step child or an ex nuptial child), parent, step-parent, grandpar- ent, grandchild or sibling of an employee or the spouse of the employee. (d) The employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence. (3) Unpaid Leave for Family Purpose An employee may elect, with the consent of the em- ployer, to take unpaid leave for the purpose of providing care to a family member who is ill. (4) Annual Leave (a) Notwithstanding the provisions of this clause, an employee may elect, with the consent of the employer, to take annual leave in single day periods not exceeding five days in any calendar year at a time or times agreed be- tween them. (b) An employer may agree to defer payment of the annual leave loading in respect of such leave, until at least 5 consecutive annual leave days are taken. (5) Make-up Time An employee may elect, with the consent of their em- ployer, to work “make-up time” under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Award. (6) Grievance Procedures In the event of a dispute arising in connection with any part of this clause, such a dispute shall be processed in accordance with the dispute settling provisions of this award. 5. Clause 17.—Long Service Leave: After this clause insert the following new clause as follows— 17A.—SPECIAL LEAVE Leave without pay and/or single days of annual leave may be granted by the employer where an employee re- quests such special leave for urgent personal business. 6 . Clause 27.—Maternity Leave: Delete this clause and in- sert in lieu thereof the following— 27.—PARENTAL LEAVE Interpretation (1) In this clause— “adoption”, in relation to a child, is a reference to a child who— (a) is not the natural child or the step-child of the employee or the employee’s spouse; (b) is less than 5 years of age; and (c) has not lived continuously with the employee for 6 months or longer; “continuous service” means service under an unbro- ken contract of employment and includes— (a) any period of parental leave; and (b) any period of leave or absence authorised by the employer or this award, an employee’s contract of employment or the Minimum Con- ditions of Employment Act, 1993; “expected date of birth” means the day certified by a medical practitioner to be the day on which the medi- cal practitioner expects the employee or the employ- ee’s spouse, as the case may be, to give birth to a child; “parental leave” means leave provided for by this clause; “spouse” includes a de facto spouse. Entitlement to parental leave (2) (a) Subject to the provisions of this clause, an em- ployee, other than a casual employee, is entitled to take up to 52 consecutive weeks of unpaid leave in respect of— (i) the birth of a child to the employee or the employee’s spouse; or (ii) the placement of a child with the employee with a view to the adoption of the child by the employee. (b) An employee is not entitled to take parental leave unless he or she— (i) has, before the expected date of birth or place- ment, completed at least 12 months’ continu- ous service with the employer; and WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 4685 76 W.A.I.G. (ii) has given the employer at least 10 weeks’ writ- ten notice of his or her intention to take the leave. Provided that an employee shall not be in breach of these notice requirements where failure to give such notice results from confinement or adoption oc- curring earlier than the expected date. (c) An employee is not entitled to take parental leave at the same time as the employee’s spouse but this para- graph does not apply to one week’s parental leave— (i) taken by the male parent immediately after the birth of the child; or (ii) taken by the employee and the employee’s spouse immediately after a child has been placed with them with a view to their adop- tion of the child. (d) The entitlement to parental leave is reduced by any period of parental leave taken by the employee’s spouse in relation to the same child, except the period of one week’s leave referred to in paragraph (c) above. Maternity leave to start 6 weeks before birth (3) A female employee who has given notice of her intention to take parental leave, other than for an adop- tion, is to start the leave 6 weeks before the expected date of birth unless in respect of any period closer to the ex- pected date of birth a medical practitioner has certified that the employee is fit to work. Medical certificate (4) An employee who has given notice of his or her intention to take parental leave, other than for adoption, is to provide to the employer a certificate from a medical practitioner stating that the employee or the employee’s spouse, as the case may be, is pregnant and the expected date of birth. Notice of spouse’s parental leave (5) (a) An employee who has given notice of his or her intention to take parental leave or who is actually taking parental leave is to notify the employer of particulars of any period of parental leave taken or to be taken by the employee’s spouse in relation to the same child. (b) Any notice given under paragraph (a) above is to be supported by a statement of information to the satisfac- tion of the employer or a statutory declaration by the employee as to the truth of the particulars notified. Notice of parental leave details (6) (a) An employee who has given notice of his or her intention to take parental leave is to give the employer at least four weeks’ written notice of the dates on which the employee wishes to start and finish the leave. (b) The period of leave may be varied, by the employee giving not less than four weeks’ notice in writing, unless a lesser period is agreed, provided that the period may be lengthened once only, save with the agreement of the em- ployer. (c) An employee shall confirm his/her intention of re- turning to work by notice in writing to the employer given not less than four weeks’ notice prior to the expiration of the period of parental leave. Special parental leave and sick leave (7) (a) Where the pregnancy of an employee not then on parental leave terminates after 28 weeks other than by the birth of a living child then: (i) she shall be entitled to such period of un- paid leave (to be known as special parental leave) as a duly qualified medical practi- tioner certifies as necessary before her re- turn to work, or (ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special parental leave, to such paid sick leave as to which she is then entitled and which a duly qualified medical practitioner certifies as necessary before her return to work. (b) Where an employee not then on parental leave suf- fers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special parental leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special parental leave and parental leave shall not exceed 52 weeks. (c) For the purposes of this clause, parental leave shall include special parental leave. Transfer to a Safe Job: (8) Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the em- ployee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems is practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of parental leave. If the transfer to a safe job is not practicable, the employee may, or the employer may require the em- ployee to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as parental leave for the purposes of this clause. Return to work after parental leave (9) (a) On finishing parental leave, an employee is en- titled to the position he or she held immediately before starting parental leave. (b) If the position referred to in paragraph (a) above is not available, the employee is entitled to an available position— (i) for which the employee is qualified; and (ii) that the employee is capable of performing, most comparable in status and pay to that of his or her former position. (c) Where, immediately before starting parental leave, an employee was acting in, or performing on a temporary basis the duties of, the position referred to in paragraph (a) above, that paragraph applies only in respect of the position held by the employee immediately before taking the acting or temporary position. Effect of parental leave on employment (10) Notwithstanding any Award or other provision to the contrary, absence on parental leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of the Award. Parental Leave and Other Leave Entitlements: (11) Subject to subclause (2) paragraphs (c) and (d), provided the aggregate of leave including leave taken pur- suant to this clause does not exceed 52 weeks: (a) An employee may, in lieu of or in conjunction with parental leave, take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Subject to the provision of subclause (8) hereof, paid sick leave or other paid author- ised award absences (excluding annual leave or long service leave), shall not be available to an employee during her absence on paren- tal leave. Termination of Employment: (12) (a) An employee on parental leave may terminate her employment at any time during the period of leave by notice given in accordance with this award. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 76 W.A.I.G. 4686 (b) An employer shall not terminate the employment of an employee on the ground of her pregnancy or of his or her absence on parental leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected. Replacement Workers: (13) (a) A replacement worker is a worker specifically engaged as a result of a worker proceeding on parental leave. (b) Before an employer engages a replacement worker under this subclause, the employer shall inform that per- son of the temporary nature of the employment and of the rights of the worker who is being replaced. (c) Before an employer engages a person to replace a worker temporarily promoted or transferred in order to replace a worker exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the worker who is being replaced. (d) Provided that nothing in this subclause shall be con- strued as requiring an employer to engage a replacement worker. (e) A replacement worker shall not be entitled to any of the rights conferred by this clause except where her em- ployment continues beyond the twelve months’ qualify- ing period. 7. Clause 29.—Enterprise Agreements: After this clause in- sert a new clause as follows— 29A.—ENTERPRISE BARGAINING AGREEMENT (1) Consistent with the provisions of Clause 29.—En- terprise Agreements, the award incorporates provisions and salary increases resulting from enterprise bargaining in 1996 at the Red Cross Blood Transfusion Service and includes commitments to further enterprise bargaining. (2) Term The parties undertake to commence negotiations to re- view the terms of the Award six months prior to 31 De- cember 1997, unless otherwise agreed. (3) Purpose of the Enterprise Bargain (a) The purpose of this enterprise bargain is to enable the parties to develop and implement working arrangements that increase flexibil- ity in the organisation and further improve productivity and efficiency at the enterprise through enhanced access to services and fa- cilities by donors. (b) The enterprise bargain provides salary in- creases that recognise and reward the contri- bution of staff in the achievement of past productivity improvements and the adoption of different work practices as well as future efficiencies to be delivered through the im- plementation of the Agreement. (c) The parties to the Award are committed to ensuring that the organisation and staff are best placed to meet present and future operational demands. (4) Salaries (a) Schedule B—Minimum Salaries prescribes the salaries to apply as a result of the enter- prise bargain. (b) A further targeted minimum increase of 2% is available from October 1996, subject to suc- cessful conclusion of negotiations on further productivity and efficiency improvements. These negotiations would include: (i) increased working hours to 38 hours per week; (ii) extension of core hours; and (iii) equality of entitlements for Saturday morning overtime. (c) Any agreement reached under paragraph (b) above shall be processed in the Western Aus- tralian Industrial Relations Commission. 8. Clause 30.—Jobskills Trainees: After this clause insert a new clause as follows— 31.—DISPUTE SETTLING PROCEDURE Where a dispute concerning the operation of this Award arises, the following steps shall be taken: (1) Step 1 As soon as practicable after the issue or claim has arisen, it shall be considered jointly by the appropriate supervi- sor, the employee or employees concerned and where the employee(s) so request(s), the Hospital Salaried Officers Association workplace representative. (2) Step 2 If the dispute is not resolved the issue or claim shall be considered jointly by the appropriate senior representa- tive of the employer, the employee or employees con- cerned and where the employee(s) so request(s), the union workplace representative who shall attempt to settle the dispute. (3) Step 3 If the dispute is not resolved the issue or claim shall be considered jointly by the employer, the employee or em- ployees concerned and where the employee(s) so request(s), an official of the union who shall attempt to settle the dispute. (4) Step 4 If the dispute is not resolved it may then be referred to the