WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. A 5 of 1986. BETWEEN: THE FEDERATED CLERKS UNION OF AUSTRALIA, INDUSTRIAL UNION OF WORKERS, WESTERN AUSTRALIAN BRANCH Applicant and SWAN BREWERY COMPANY LIMITED Respondent. Order. HAVING heard Mr C.D. Panizza on behalf of the Applicant and Mr P.J. McGuire 'on behalf of the Respondent, the Com- mission, pursuant to the powers conferred on it under the In- dustrial Relations Act 1979, and being satisfied that its terms are not contrary to any General Order or any principle formu- lated as a result of General Order proceedings under Section 51 of the Industrial Relations Act 1979, by consent, doth hereby- Make an Award to be known as the "Clerks' (Swan Brewery Co. Ltd) Award 1986" to replace the Clerks' (Breweries) Award as amended and consolidated, in terms of the document attached hereto with effect on and from this day. CLERKS' (TAXI SERVICES) A WARD OF 1970 No. 14B of 1968. . PURSUANT to section 93(6) of the Industrial Relations Act 1979 the following award has been consolidated and is pub- lished hereunder for general information. Dated at Perth this 1st day of May, 1995. J. CARRlGG, Registrar. Clerks' (Taxi Services) Award of 1970 Award No. 14B of 1968. I.-TITLE This award shall be known as the "Clerks' (Taxi Services) Award of 1970" as amended and consolidated. lA.-STATEMENT OF PRINCIPLES DECEMBER 1994 It is a condition of this AwardlIndustrial Agreement that any variation to its terms on or from the 30th day of Decem- ber 1994, including the $8.00 per week Arbitrated Safety Net Adjustments, shall not be made except in compliance with the Statement of Principles set down by the Commission in the Reasons for Decision in Matter No. 985 of 1994. 2.-ARRANGEMENT 1. TItle 1 A. Statement of Principles December 1994 2. Arrangement 2A. No Extra Claims 3. Area 4. Scope 5. Term 6. Hours 7. Overtime 8. Saturday Work 9. Sunday & Holiday Work 10. Rates of Pay 11. Holidays 12. Annual Leave 13. Sick Leave 14. Contract of Service 15. Meal Allowance 16. Certificate of Service 17. Record 18. Casual Employees 18A. Part-Time Employees 19. Mixed Functions 20. General 21. Payment of Wages 22. Long Service Leave 23. Right of Entry 24. Aged & Infirm Workers 25. Certificate of Age 26. Travelling TIme 27. Definitions 28. Location Allowances 29. Union Notices 30. Uniforms 31. Compassionate Leave 32. Maternity Leave 33. Superannuation 34. Award Modemisation (Enterprise Agreements) Schedule of Respondents Schedule-Named Union Party 2A.-NO EXTRA CLAIMS It is a term of this award (arising from the decision of the Commission in Court Session in Application No. 704 of 1991) that the Union will not pursue prior to 15th November 1991 any extra claims, award or overaward, except where consist- ent with the State Wage Principles. 3.-AREA This award shall operate within the State of Western Aus- tralia excepting that portion of the State within the 20th and 26th parallel oflatitude and the 125th and 129th meridian of longitude. 4.-SCOPE This award shall apply to all workers employed as Clerks including radio operators, telephone attendants, and messen- gers where such workers do clerical work in establishments as carried on by employers engaged in the taxi service indus- try. 5.-TERM The term of this award shall be for a period of six months from the beginning of the first pay period commencing after the date hereof. (This award was handed down on 9th April, 1970). 6.-HOURS (1) Shift Workers: (a) The ordinary hours of shift workers shall not ex- ceed- (i) eight hours, inclusive of a crib time, to be worked consecutively within the spread of hours prescribed in paragraph (b) hereof, ex- cept in the regular changeover of shifts; (ii) forty-eight hours in any week; (iii) seventy-six hours in any two weeks; and (iv) one hundred and fifty-two hours in any four consecutive work weeks. 75 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETIE 2009 (b) For the purpose of this Award the ordinary hours of shift workers shall be those worked within the fol- lowing shifts- (i) Night shift-a shift which commences on or after 11.00 p.m. (ii) Day shift-a shift which commences on or after 6.00 a.m. (iii) Mternoon shift-a shift which commences on or after 1.00 p.m. (c) Except as provided in subclause (1) of Clause 9.- Sunday and Holiday Work, a shift worker shall be paid in addition to the ordinary rates $6.36 per shift when on afternoon or night shift on any day Mon- day to Friday inclusive. (d) Shift workers shall work their ordinary hours accord- ing to a roster which shall be updated by the em- ployer so that a worker always has at least one week's notice of times to be worked. The roster may be altered only on account of sickness of an employee or by mutual consent between the employer and an employee, or by the employer giving at least one week's notice of such alteration to the employee. (e) Ordinary hours worked on a Saturday shall be paid for at the rate of time and one half. These rates shall be paid in lieu of the shift allowances prescribed in subclause (1)( c) of this clause. (2) Other than Shift Workers: (a) The ordinary hours of duty shall not exceed eight in anyone day nor thirty-eight in anyone week and shall be worked in a five day week or five and a half day week at the option of the employer. (b) (i) The spread of hours shall be from 7.00 a.m. to 7.00 p.m. Monday to Friday inclusive and 7.00 a.m. to 1.00 p.m. Saturday. (ii) Any work performed as part of the ordinary weekly hours of duty up to 12.00 noon on a Saturday shall be paid for at the rate of time and a quarter. Ordinary hours worked between 12.00 noon and 1.00 p.m. on a Saturday shall . be paid for at the rate of time and one half. (iii) All time worked in addition to the ordinary weekly hours of duty on Saturday before 12.00 midday shall be paid for at the rate of time and one half for the first two hours and at the rate of double time thereafter. (c) The lunch period shall be taken at a time mutually arranged between the employer and the employee between the hours of 11.00 a.m. and 3.00 p.m. One full hour shall be allowed for lunch provided that where the employer and the employee agree a lesser period may be taken. (3) In those establishments where immediately prior to the 16th day of September, 1988 the average ordinary hours of duty of full-time workers exceeded thlrty-eight in anyone week the thirty-eight hour week shall be implemented: (a) Where specific agreement is reached between the employer and employees affected, by one of the fol- lowing methods- (i) by employees being required to work not more than 19 days work in each 4 week cycle; or (ii) by employees being required to work not more than 4 hours on one day of each 2 week cycle; or (iii) by employees being required to work not more than 6 hours on one day in each week; or (iv) by employees being required to work less than 8 ordinary hours on each day. Such hours to be worked within the spread of hours provided in subclause (1) or subclause (2) as the case maybe. (b) In the event of agreement not being reached under paragraph (a) of this subclause, by the following methods- (i) In establishments employing 15 or more em- ployees per week in accordance with this Award, the paragraph (a)(i) method only shall be applied. (ii) In establishments employing more than 5 but less than 15 employees per week in accord- ance with this Award, the methods provided by any of paragraphs (a)(i), (a)(ii) or (a)(iii) only shall be applied. (iii) In establishments employing 5 or less employ- ees per week in accordance with this Award any of the paragraph (a) methods shall be ap- plied. Such hours to be worked within the spread of hours in subclause (1) or subclause (2) as the case may be. (c) In any case where agreement is reached between an employer and an employee pursuant to paragraph (a) of this subclause, the union shall be notified in writing no later than 7 days prior to the implementa- tion of such agreement. (d) Any dispute concerning the method of implementa- tion shall be referred to the Commission. (e) An employee shall not be required to work on a day or partial day when such a day is the rostered day or partial day off for that employee, unless such em- ployee elects to work on such day. Where an em- ployee so elects, all time worked shall be paid for at double time, with a minimum payment of four hours at double time. (f) By mutual agreement between the employee and the employer the rostered day off may be rescheduled within the current cycle or the next succeeding cy- cle. (g) Schedules of rostered days off will be published and displayed in a place accessible to staff one month in advance. (h) If a public holiday falls on a rostered day off due to an employee under placitum (i) or (ii) of paragraph (a) of this subclause, such employee shall be com- pensated in one of the following methods by agree- ment between the employer and the employee- (i) payment of an additional day's wages; or (ii) another day shall be allowed with pay within twenty-eight days; or (ill) an additional day shall be added to the annual leave entitlement. (4) Notwithstanding the other provisions of this clause an employer and the Union may agree that ordinary hours shall be worked on such other basis as may be agreed. Such agree- ment shall be in writing. 7.-OVERTIME (1) Shift Workers- (a) All time worked- (i) outside the spread of hours or in excess of the ordinary hours prescribed in subclause (1) of Clause 6.-Hours of this award; (ii) on more than six shifts in any seven consecu- tive days, or more than eleven shifts in any fourteen consecutive days; shall be paid for at the rate of time and one-half for the first two hours and at the rate of double time thereafter. (b) All time worked on a rostered shift off shall be paid for at the rate of time and one-half for the first two hours and at the rate of double time thereafter. ( c) Time worked in excess of the ordinary working hours shall be paid for at ordinary rates- (i) if it is due to private arrangements between the workers themselves; or (ii) if it does not exceed two hours and is due to a relief not coming on duty at the proper time; or (ill) if it is for the purpose of effecting the custom- ary rotation of shifts. 2010 WESTERN AUSTRALIAN INDUSTRIAL GAZE'ITE 75W.A.I.G. (d) When overtime work is necessary it shall be arranged that the worker has at least eight consecutive hours off duty between the work of successive days. (e) A worker recalled to work overtime after his normal finishing time shall be paid for a minimum of three hours' work at the appropriate rate for each time' so recalled; provided that the worker shall not be re- quired to work the full three hours if the job he was recalled to perform is completed within a shorter period. (2) Other than Shift Workers- (a) All time worked outside the spread of hours or in excess of the ordinary working hours referred to in subclause (2) of Clause 6.-Hours shall be paid for at the rate of time and one half for the first two hours and at the rate of double time thereafter. (b) Where a worker is required by his employer to work through the meal break as provided in subclause(2) of Clause 6.-Hours, overtime rates shall be paid until the meal period is allowed. (3) All Workers- (a) In the computation of overtime each day shall stand by itself. (b) (i) An employer may require any worker to work reasonable overtime at overtime rates, and such worker shall work overtime in accord- ance with such requirement. (ii) No organisation, party to this award or worker or workers covered by this award shall in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or re- striction upon the working of overtime in ac- cordance with the requirements of this subclause. (c) Any clerk in receipt of a wage, exclusive of pen ill- ties, at the rate of twenty per centum per week or more in excess of the rate herein prescribed for a senior clerk shall not be entitled to payment of over- time rates for any overtime worked. (d) (i) By agreement between the employer and an employee, time off during ordinary hours shall be granted instead of payment of overtime pursuant to the provisions of this clause. Such time off shall be calculated in accordance with subclauses (I), (2) or, where otherwise appro- priate, subclause (3)(c) of this clause. (ii) Subject to paragraph (c) of this subclause, all time accrued in accordance with paragraph (a) of this subclause shall be taken within one month of it being accrued at a time agreed between the employer and the employee. (iii) Where such time off in lieu is not taken in accordance with paragraph (b) it shall, by agreement betWeen the employer and the em- ployee, be taken in conjunction with a future period of annual leave or the employer shall discharge his obligation to provide time off in lieu by making payment for the accrued time off when the employee's wages are paid at the end of the next pay period. (iv) Upon termination of an employee's service with an employer, the employee shall be paid for all accrued time off which remains owing to the employee at the date of termination. 8.-SATURDAY WORK (1) Shift Workers- Time worked during the hours of duty on a Saturday shall be paid for at the rate of time and one-half. This rate shall be paid in lieu of the shift allowances prescribed in subclause (1) of Clause 6.-Hours, of this award. (2) Other than Shift Workers- (a) All time worked as part of the ordinary weekly hours of duty on a Saturday before 12 midday shall be paid for at the rate of time and a quarter. (b) All time worked in addition to the ordinary weekly hours of duty on Saturday before 12 midday shall be paid for at the rate of time and one half for the first two hours and at the rate of double time thereafter. (c) All time worked after 12 midday on Saturday shall be paid for at the rate of double time, 9.-'-SUNDAY AND HOLIDAY WORK (1) Shift Workers: (a) All time worked during the ordinary hours of duty on a Sunday shall be paid for at the rate of time and one half. ,This rate shall be paid in lieu of the shift allowances prescribed in subclause (1) of Clause 6.- Hours hereof. (b) All time worked during the ordinary hours of duty on :any holiday prescribed in Clause II.-Holidays of this award shall be paid for at the rate of double time. This rate shall be in lieu of the shift allow- ances prescribed in subclause (I) of Clause 6.- Hours of this award. (c) Where a holiday prescribed in Clause 1 I.-Holidays of this award falls on a worker's rostered day off, he shall receive a day off in lieu to be taken at a time nmfually agreeable to him and to his employer or to be added to bis annual leave. (2) Other .thanShift Workers: (a) All time worked on any holiday prescribed in Clause 1 L-Holidays of this award shall be paid for at the rate of double time and one-half. (b) All time worked on Sunday shall be paid for at the rate of double time. . 1O.-RATES OF PAY (1) The following shall be the minimum rates of wages per week payable to employees covered by this award. (2) Adult Employees (Rate Per Week): Arbitrated Safety Net Base Rate Adjusunent Total Rate S $ $ (a) At 21 years ofage 36L10 8.00 369,10 At 22 years of age 365.30 8,00 373.30 At 23 years of age 369,}0 8.00 377,10 At 24 years of age 373,00 8,00 38 LOO At 25 years of age & over 377-40 8,00 385.40 (b) Adult stenographers, comptometer or calculating or ledger machine operators shall receive $4.10 per week in addition to the rates set out in paragraph (a) of this subclause. Arbitrated Safety Net Base Rate Adjusunent Total Rate $ S $ (c) SeniOr Clerks (Classified as such or in default of agreement by the Board of Reference) 38320 8,00 39L70 The adjustment of $8.00 per week reflects the application of the Arbitrated Safety Net Adjustment Principle enunciated in the December 1993 State Wage Decision (No. 1457 of 1993). Consistent with the basis of that principle the safety net adjustment is absorbable to the extent of any equivalent amount in rates of pay-whether over-award, award or enter- prise agreement-in excess of the minimum rates (classifica- tion rate and supplementary payments) prescribed in accordance with the September 1989 State Wage Decision. (3) Junior Employees: (a) Percentage of the rate for an adult employee at 21 years of age per week- At 15 years of age At 16 years of age At 17 years of age At 18 years of age At 19 years of age At 20 years of age % 40 50 60 70 80 90 75 W.A.I.G. WES1ERN AUSTRALIAN INDUSTRIAL GAZETTE 2011 (b) Junior stenographers, comptometer or calculating or ledger machine operators shall, in addition to the rates set out in paragraph (a) of this subclause, re- ceive- $ At 17 years of age 0.70 At 18 years of age 1.00 At 19 years of age 2.60 At 20 years of age 3.40 l1.-HOUDAYS (1) The following days, or the days observed in lieu shall, subject to Clause 7.-Overtime and Clause 9.-Sunday and . Holiday Work and subject as hereinafter provided, be allowed as holidays without deduction of pay, namely-New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christ- mas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties, in lieu of any of the days named in the subclause. (2) When any of the days mentioned in subclause (1) hereof falls on a Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. (3) On any public holiday not prescribed as a holiday under this award, the employer's establishment or place of business, may be closed, in which case a worker need not present him- self for duty, and payment may be deducted, but if work be done ordinary rates of pay shall apply. (4) Where- (i) a day is proclaimed as a whole public holiday or a half public holiday under section 7 of the Public and Bank Holidays Act, 1972; and (ii) that proclamation does not apply throughout the State or to the metropolitan area of the State, that day shall be a whole public holiday or, as the case may be, a half public holiday for the purposes of this award within the district or locality specified in the proclamation. (5) The provisions of this clause shall not apply to casual workers. l2.-ANNUALLEAVE (1) Except as hereinafter provided a period of four consecu- tive weeks' leave with payment at his ordinary rate of wage shall be allowed annually to a worker by his employer after a period of twelve months' continuous service with such em- ployer. (2) (a) During a period of annual leave a worker shall be paid a loading of 17Y2 per cent calculated on his ordinary rate of wage. Provided that where the worker would have received shift loadings as prescribed had he not been on annual leave during the relevant period and such loadings would have en- titled him to a greater amount than the loading of 17Y2%, then the shift loading shall be added to his ordinary rate of wage in lieu of the l7~% loading. (b) The loading prescribed by this subclause shall not apply to proportionate leave on termination. (c) A worker in receipt of a weekly wage prescribed by this award for the classification of "Senior Clerk" with the addi- tion of twenty per centum may be employed on the basis that the annual leave loading prescribed in paragraph (a) hereof may be calculated on a rate other than his ordinary rate pro- vided that such rate is not less than the Senior Clerk's rate. This paragraph only applies to a worker who has signed a statement in his own handwriting to this effect at the time of his engagement or to a worker employed on this basis prior to 30th April 1981. (3) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordinary working day, there shall be added to that period one day, being an ordinary work- ing day, for each such holiday observed as aforesaid. (4) (a) If after one month's continuous service in any quali- fying twelve monthly period a worker lawfully leaves his employment, or his employment is terminated by the employer through no fault of the worker, that worker shall be paid one thirteenth of a week's pay at his ordinary rate of wage in re- spect of each completed week of continuous service. (b) In addition to any payment to which he may be entitled under paragraph (a) hereof, a worker whose employment ter- minates after he has completed a twelve monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period shall be given payment in lieu of so much of that leave as has not been allowed, unless- (i) He has been justifiably dismissed for misconduct; and (ii) the misconduct for which he has been dismissed occurred prior to the completion of that qualifying period. (5) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick payor time spent on holidays or annual leave as prescribed by this award, shall not count for the purpose of determining his right to annual leave. (6) With the consent of the employer and the employee, an- nual leave may be taken in more than one period of leave; provided that one of these periods shall not be less than two weeks. (7) Every worker shall be given and shall take annual leave within nine months after the date it falls due. (8) No worker shall be required to proceed on annual leave unless at least two weeks prior notice is given. The employer shall, as far as practicable, arrange to grant annual leave to suit the convenience of the worker. In the event of disagree- ment on any proposed alteration to annual leave arrangements once they are made by an employer and worker the matter shall be determined by a Board of Reference. (9) The provisions of this clause shall not apply to casual workers. (10) (a) Notwithstanding anything else herein contained an employer who observes a Christmas close-down for the pur- pose of granting annual leave may require a worker to take his annual leave in not more than two periods but neither of such periods shall be less than one week. (b) In the event of a worker being employed by an employer for portion only of a year he shall only be entitled subject to subclause (4) of this clause to such leave on full pay as is proportionate to the length of service during that period with such employer and, if such leave is not equal to the leave given to the other workers, he shall not be entitled to work or pay whilst the other workers are on leave on full pay. (11) In addition to the leave prescribed in this clause, work- ers rostered to work ordinary hours regularly on Sundays and holidays shall be allowed an additional one week's leave. Provided that a worker rostered to work ordinary hours regu- larly on Sundays and holidays for part of a year, shall be enti- tled to have the period of leave prescribed in this clause increased by one-twelfth of a week for each completed month of continuous service. (12) (a) At the request of an employee, and with the consent of the employer, annual leave prescribed by this clause may be given and taken before the completion of 12 months con- tinuous service as prescribed by subclause (1) of this clause. (b) If the service of an employee terminates and the em- ployee has taken a period of leave in accordance with this subclause and if the period ofleave so taken exceeds that which would become due pursuant to subclause (4) of this clause the employee shall be liable to pay the amount representing the difference between the amount received by him for the period ofleave taken in accordance with this subclause and the amount which would have accrued in accordance with subclause (4) of this clause. The employer may deduct this amount from monies due to the .employee by reason of the other provisions of this award at the time of termination. (c) The annual leave loading provided by subclause (2)(a) of this clause, shall not be payable when annual leave is taken in advance pursuant to the provisions of this subclause. The 2012 WESTERN AUSTRALIAN INDUSTRIAL GAZEITE 75 W.A.I.G. not paid, for the period of leave taken in advance, shall payable to the employee at the end of the first pay period following the employee completing the qualifying pe- riod of continuous service provided in subclause (1) of this clause. 13.-SICK LEAVE (1) (a) A worker who is unable to attend or remain at his place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to pay- ment during such absence in accordance with the following provisions. (b) Entitlement to payment shall accrue at a rate of one sixth of a week for each completed month of service with the em- ployer. (c) If in the first or successive years of service with the em- ployer a worker is absent on the ground of personal ill health or injury for a period longer than his entitlement to paid sick leave, payment may be adjusted at the end of that year of serv- ice, or at the time the worker's services terminate, if before the end of that year of service, to the extent that the worker has become entitled to further paid sick leave during that year of service. (2) The unused portions of the entitlement to paid sick leave in anyone year shall accumulate from year to year and subject to this clause may be claimed by the worker if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that a worker shall not be entitled to claim payment for any period exceeding ten weeks in anyone . year of service. (3) To be entitled to payment in accordance with this clause the worker shall as soon as reasonably practicable advise the employer of his inability to attend for work, the nature of his illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circum- stances shall be given to the employer within 24 hours of the commencement of the absence. (4) The provisions of this clause do not apply to a worker who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may rea- sonably require provided that the worker shall not be required to produce a certillcate from a medical practitioner with re- spect to absences of two days or less unless after two such absences in any year of service the employer requests in writ- ing that the next and subsequent absences in that year if any, shall be accompanied by such certificate. (5) (a) Subject to the provisions of this subclause, the provi- sions of this clause apply to a worker who suffers personal ill health or injury during the time when he is absent on annual leave and a worker may apply for and the employer shall grant paid sick leave in place of paid annual leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the worker was con- fined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecutive days or more and he produces a certillcate from a registered medical practitioner that he was so conimed. Provided that the provisions of this paragraph do not relieve the worker of the obligation to advise the employer in accordance with subclause (3) of this clause if he is unable to attend for work on the working day next following his annual leave. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the worker was entitled at the time he proceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the re- placed annual leave may be taken at another time mutually agreed to by the employer and the worker or, failing agree- ment, shall be added to the worker's next period of annual leave or, if termination occurs before then, be paid for in ac- cordance with the provisions of Clause 12.-Annual Leave. (e) Payment for replaced armualleave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 12.-Annual Leave shall be deemed to have been paid with respect to the replaced armualleave. (6) Where a business has been transmitted from one em- ployer to another and the worker's service has been deemed continuous in accordance with subclause (3) of clause 2 of the Long Service Leave provisions published in volume 59 of the Westerp Australian Industrial Gazette at pages 1-6, the paid sick leave standing to the credit of the worker at the date of transinission from service with the transmittor shall stand to the credit of the worker at the commencement of service with the ti-ansmittee and may be claimed in accordance with the provisions of this clause. (7) The provisions of this clause with respect to payment do not apply to workers who are entitled to payment under the Workers' Compensation Act nor to workers whose injury or illness is the result of the worker's own misconduct. (8) The provisions of this clause do not apply to casual workers. 14.-CONTRACT OF SERVICE (1) An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, compe- tence and training. (2) The employment of any employee other than a casual shall be terminable by one week's notice on either side. If such notice is not given, one week's wages shall be paid or forfeited as the case may be. Provided that an employee may be summarily dismissed for gross misconduct in which case he/she shall be paid up to the time of dismissal only. 15.-MEAL ALLOWANCE (1) Shift Employees: In addition to the overtime prescribed in Clause 7.--Over- time of this Award, an employee required to work overtime for more than two hours after his normal finishing time shall be allowed a meal break and be provided with a suitable meal, or paid a meal allowance of $6.10 in lieu thereof. Provided that the meal allowance shall not be payable if the employee is notified the day before that he will be required to work overtime. (2) Other than Shift Employees: In addition to the overtime prescribed in Clause 7.--Over- time of this Award, a meal allowance of $6.1 0 shall be paid in the following circumstances- (a) To an employee who, at the requirement of the em- ployer works two hours or more overtime after the completion of the ordinary hours on any day. (b) If an employee is required to work after 1.00 p.m. on a Sunday or any holiday, prescribed under this Award. (c) Provided that in lieu of the payment prescribed by this clause an employer may supply the employee with a suitable meal. 16.-CERTIFICATE OF SERVICE On the termination of service a worker shall, on request, be given a Certillcate setting out the length of service and the duties performed. 17.-RECORD (1) Each employer bound by this Award shall maintain a record containing the following information relating to each employee- (a) The name and address given by the employee. (b) The age of the employee if under 25 years of age. (c) The classification of the employee and whether the employee is full-time, part-time or casual. (d) The commencing and finishing times of each period of work each day. (e) The number of ordinary hours and the number of overtime hours worked each day and the totals for each pay period. 75W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETIE 2013 (t) The wages and any allowances paid to the employee each pay period and any deductions made therefrom. (2) (a) At the time of payment of wages the employee may be given a pay slip showing that part of the record specified in paragraphs (e) to (t) of subclause (1) of this clause, with re- spect to the pay period for which payment is being made. (b) If a pay slip is not given to the employee as prescribed in paragraph (a) hereof the employer shall permit the employee to inspect the record either at the time of payment or at such other time as may be convenient to the employer. The em- ployer shall not unreasonably withhold the record from in- sp"'--ction by the employee. (3) (a) The record may be maintained in one or more parts depending on the system of recording used by the employer whether manual or mechanical provided that if the record is maintained in more than one part, those parts shall be kept in such a manner as will enable the inspection referred to in subclauses (2) and (4) of this clause, to be conducted at the establishment. (b) The record shall be kept in date order so that the inspec- tions referred to in subclauses (2) and (4) of this clause may be made with respect to a period of 6 years preceding the date of inspection. (c) The employer may, if it is part of normal business prac- tice, periodically send the record or any part of the record to another person, provided that the provision of this paragraph shall not relieve the employer of the obligations with respect to provisions contained elsewhere in this clause with the ex- ception of those contained in paragraph (b) of this subclause. (d) Subject to this clause the record shall be available for inspection by a duly authorised official of the Union during the normal hours of business of the employer, but excepting any time when the employer or his employees who are re- quired to maintain the record may be absent. (e) The Union official shall be permitted reasonable time to inspect the record and, if he requires take an extract or copy of any of the information contained therein. (4) (a) If, for any reason, the record is not available for in- spection by the Union official when the request is made, the Union official and the employer or his agent may fix a mutu- ally convenient time for the inspection to take place. Cb) If a mutually convenient time cannot be fixed, the Un- ion official may advise the employer in writing that he re- quires to inspect the record in accordance with the provisions of this award and shall specify the period contained in the record which he requires to inspect. (c) (i) Employers who normally keep the record at a place more than 35 kilometres from the GPO Perth shall send a copy of that part of the record specified to the office of the Union within ten days of the receipt of such advice; and (ii) employers who normally keep the record at a place less than 35 kilometres from the GPO Perth shall make the record available to the Union official at the time specified by the Union official. If the record is not then made available to the Union official the employer shall within 3 days send a copy of that part of the record specified to the office of the Union. (d) In the event of a dispute between the Union and the employer as to the availability and/or supply of the record, the parties may apply to the Western Australian Industrial Rela- tions Commission for direction. An application for direction shall, subject to that direction, stay the requirements contained elsewhere in this clause. 18.--CASUAL EMPLOYEES (1) A casual employee shall mean an employee engaged. and paid as such, and whose employment may be terminated by the giving of one hour's notice on either side, or the payment or forfeiture, as the case may be, of one hour's pay. (2) (a) A casual employee may be employed for periods not exceeding four weeks and, whilst so employed, shall receive 25 per cent in addition to the appropriate ordinary hourly wage rate prescribed by this award with a minimum payment as for four hours for each work period. (b) The duration of the casual engagement may be extended to thirteen weeks in the event that the employee is engaged to cover for another employee who is absent on account of long service leave, annual leave, sick leave, injury compensable under the Workers Compensation and Assistance Act, or an authorised period of unpaid leave. (3) Subject to any agreement between the employer and the employee to the contrary subclause (3) of Clause 6.-Hours, shall not apply to casual employees. (4) Notwithstanding the provisions of this clause the basis and terms of employment of casual clerks may be varied in any particular case by agreement in writing between the em- ployer and the union. 18A.-PART-TIME EMPLOYEES (1) A part-time employee shall mean an employee who, sub- ject to the provisions of Clause 6.-Hours, regularly works no more than 32 ordinary hours per week. (2) (a) At the time of engagement the employer and the employee shall agree to the number of ordinary hours to be worked by the employee in each week. (b) Such number of ordinary hours, once agreed, may be varied by either side giving the amount of notice required by Clause 14.--Contract of Service. (3) A part-time employee shall receive payment for wages, annual leave, holidays and sick leave on a pro rata basis in the same proportion as the number of hours regularly worked each week bears to 38 hours. (4) Subject to any agreement between the employer and the employee to the contrary, subclause (3) of Clause 6.-Hours, shall not apply to part-time employees. 19.-MIXED FUNCTIONS A worker relieving another worker who is engaged on a higher class of work carrying a higher minimum rate of pay for a period of not less than one week continuously shall be paid the higher minimum rate appropriate to the position whilst so employed. 20.-GENERAL (1) In the event of the death of a worker the cash equivalent of all annual leave due at the time of death shall be paid to the worker's dependants or personal representative. (2) No worker shall as a result of the operation of this award suffer any loss of salary which he or she may have enjoyed to the date of this award. (3) In any week where a worker requests he shall be sup- plied with the details of the amount of the ordinary wages due, the overtime and of all deductions made from the gross earnings. 21.-PAYMENT OF WAGES (1) (a) The employer may elect to pay employees in cash, by cheque or by means of a credit transfer to a bank, building society or credit union account in the name of the employee. The day that the credit transfer is credited to the employee's account shall be deemed to be the date of payment. (b) Payment shall be made within three trading days from the last day of the pay period and if in cash or by cheque shall be made during the employee's ordinary working hours. (c) No employer shall change the method of payment to employees without ftrst giving them at least four weeks' no- tice of such change. (d) No employee shall be required to accept a change in the method of payment if such change causes hardship. Any dis- pute concerning hardship in a particular case shall be referred to a Board of Reference for determination. (2) (a) The employer may elect to pay employees weekly or fortnightly in accordance with subclause (1) of this clause. (b) No employer shall change the frequency of payment to employees without ftrst giving them and the union at least four week's notice of such change. (c) The method of introducing a fortnightly pay system shall be by the payment of an additional week's wages in the last weekly pay before the change to fortnightly pays to be repaid by equal fortnightly deductions made from the next and sub- sequent pays provided the period for repayment shall not be less than 20 weeks, or some other method agreed upon by the union and the employer. 2014 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 75 W.A.I.G. (3) For the purposes of effecting the rostering off of em- ployees as provided by this Award, ordinary wages may be paid either for the actual hours worked each pay period or an amount being calculated on the basis of the average of 38 hours per week. 22.-LONG SERVICE LEAVE The long service leave provisions set out in Volume 59 of the "Westem Australian Industrial Gazette" at pages 1 to 6 inclusive are hereby incorporated in and shall be deemed to be part of this award. 23.-RIGHT OF ENTRY A duly accredited representative of the union shall be per- mitted to interview any worker on legitimate union business on the business premises of his employer during the recog- nised meal hour of the worker with the permission of his em- ployer (which permission shall not be unreasonably withheld) but this permission shall not be exercised more than once in anyone week without the consent of the employer. 24.-AGED AND INFIRM EMPLOYEES (1) Any employee who, by reason of old age or irurrmity, is unable to eam the minimum wage maybe paid such lesser wage as may from time to time be agreed upon in writing between the union and the employer. (2) In the event of no agreement being arrived at the matter may be referred to a Board of Reference. (3) After application has been made to a Board of Refer- ence and pending the decision of that Board, the employee shall be entitled to work for and be employed at the proposed lesser rate. 25.-CERTIFlCATE OF AGE Workers twenty-five years of age and under, upon being engaged shall if requested furnish the employer with a certifi- cate showing the following particulars:- (a) name in full; (b) date of birth; (c) name of each previous employer; and (d) class of work performed for each previous employer. No worker shall have any claim upon an employer for addi- tional wages in the event of any of the above particulars being wrongly stated on the certificate. If any worker shall wilfuly misstate his age in the certificate then he alone shall be guilty of a breach of this award. 26.-TRAVELLING TIME (1) When a worker is required to work temporarily at a lo- cation other than his usual place of duty, any excess fare over that which he normally incurs shall be paid by the employer. (2) When a worker is engaged at such a distance that he cannot return at night, suitable board and lodging shall be found at the employer's expense. (3) All travelling time outside ordinary working hours shall be paid for at ordinary rates up to a maximum of twelve hours in any twenty-four hours' period from the time of starting on the journey: Provided that when the travelling is by coastal boat not more than eight hours shall be paid for in any such period. 27.-DEFINITIONS "Adult" means a worker twenty-one years of age and over, or a worker who is in receipt of the prescribed adult rate of pay. 28.-LOCATION ALLOWANCES (1) Subject to the provisions of this clause, in addition to the rates prescribed in the wages clause of this award, an em- ployee shall be paid the following weekly allowances when employed in the towns prescribed hereunder. Provided that where the wages are prescribed as fortnightly rates of pay, these allowances shall be shown as fortnightly allowances. TOWN Per Week Agnew Argyle (see subclause 12) Balladonia $ 14.20 36.70 13.90 TOWN Barrow Island Boulder Broome Bullfinch Carnarvon Cockatoo Island Coolgardie Cue Dampier Denham Derby Esperance Eucla Exmouth Fitzroy Crossing Goldsworthy Halls Creek Kalbarri Kalgoorlie Kambalda Karratha Koolan Island Koolyanobbing Kununurra Laverton Learmonth Leinster Leonora Madura Marble Bar Meekatharra MtMagnet Mundrabilla Newman Norseman Nullagine Onslow Pannawonica Paraburdoo Port Hedland Ravensthorpe Roebourne Sandstone Shark Bay ShayGap Southern Cross Telfer· Teutonic Bore Tom Price Whim Creek Wickham Wiluna Wittenoom Wyndham Per Week $ 23.90 5.80 22.50 6.80 11.50 24.80 5.80 14.40 19.50 11.50 23.50 4.40 15.80 20.20 28.30 13.10 32.10 4.80 5.80 5.80 23.10 24.80 6.80 36.70 14.30 20.20 14.20 14.30 14.90 34.90 12.40 15.40 15.40 13.60 11.90 34.80 23.90 18.30 18.10 19.40 7.60 26.50 14.20 11.50 13.10 6.80 32.50 14.20 18.10 22.90 22.30 14.50 30.90 34.80 (2) Except as provided in subclause (3) of this clause, an employee who has: (a) A dependant shall be paid double the allowance pre- scribed in subclause (1) of this clause; (b) A partial dependant shall be paid the allowance pre- scribed in subclause (1) of this clause plus the dif- ference between that rate and the amount such partial dependant is receiving by way of a district or loca- tion allowance. (3) Where an employee: (a) is provided with board and lodging by hislher em- ployer, free of charge; or (b) is provided with an allowance in lieu of board and lodging by virtue of the award or an Order or Agree- ment made pursuant to the Act; such employee shall be paid 66 213% of the allowances pre- scribed in subclause (1) of this clause. The provisions of paragraph (b) of this subclause shall have effect on and from the 24th day of July 1990. 75 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETIE 2015 (4) Except where an employee is eligible for payment of an additional allowance under subclause (2) of this clause, but on 31 December 1987 was in receipt of an amount in excess of that under General Order 603 of 1987, that employee shall continue to receive the allowance at the higher rate untill July 1988 when the difference between the rate being paid and that due under subclause (2) of this clause shall be reduced by 33 113%; the difference remaining on 1 January 1989 shall be reduced by 50% from that date and payment in accordance with subclause (2) of this clause will be implemented on 1 July 1989. (5) Subject to subclause (2) of this clause, junior employ- ees, casual employees, part-time employees, apprentices re- . ceiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work per- formed. (6) Where an employee is on annual leave or receives pay- ment in lieu of annual leave he/she shall be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled. (7) Where an employee is on long service leave or other approved leave with pay (other than annual leave ) he/she shall only be paid location allowance for the period of such leave he/she remains in the location in which he/she is employed. (8) For the purposes of this clause: (a) "Dependant" shall mean- (i) a spouse or defacto spouse; or (ii) a child where there is no spouse or defacto spouse; who does not receive a district or location allow- ance. (b) "Partial Dependant" shall mean a "dependant" as prescribed in paragraph (a) of this subclause who receives a district or location allowance which is less than the location allowance prescribed in subclause (1) of this clause. (9) Where an employee is employed in a town or location not specified in this clause the allowance payable for the pur- pose of subclause (1) of this clause shall be such amount as may be agreed between Australian Mines and Metals Asso- ciation, the Chamber of Commerce and Industry of Western Australia and the Trades and Labor Council of Western Aus- tralia or, failing such agreement, as may be determined by the Commission. Provided that, pending any such agreement or determination, the allowance payable for that purpose shall be an amount equivalent to the district allowance in force un- der this Award for that town or location on 1 June 1980. (10) Nothing herein contained shall have the effect of re- ducing any 'district allowance' payable to any employee sub- ject to the provision of this Award whilst that employee as at 1 June 1980 remains employed by his/her present employer. (11) Subject to the making of a General Order pursuant to s.50 of the Act, that part of each location allowance represent- ing prices shall be varied from the beginning of the fIrst pay period commencing on or after the 1st day in July of each year in accordance with the annual percentage change in the Con- sumer Price Index (excluding housing), for Perth measured to the end of the immediately preceding March quarter, the cal- culation to be taken to the nearest ten cents. (12) The allowance prescribed for Argyle is equated to that at Kununurra as an interim allowance. Liberty is reserved to the parties to apply for a review of the allowance for Argyle in the light of changed circumstances occurring after the date of this Order. 29.-UNION NOTICES The employer shall, if requested, provide a Notice Board where the union may place a copy of this award. Notices may be displayed by the union only with the employer's approval. 30.-UNIFORMS Where uniforms are required to be worn they shall be sup- plied by the employer. 31.-COMPASSIONATE LEAVE (1) An employee shall, on the death of the spouse, defacto spouse, father, mother, brother, sister, child, stepchild or guard- ian of dependent children of the employee be entitled to leave up to and including the day of the funeral of such relation; such leave, for a period not exceeding two days in respect of any such death, shall be without loss of any ordinary pay which the employee would have received if he/she had not been on such leave. (2) The right to such paid leave shall be dependent on com- pliance with the following conditions: (a) The employee shall give the employer notice ofhisl her intention to take such leave as soon as reason- ably practicable after the death of such relation, and in respect of a death overseas of a prescribed rela- tive, the employee shall provide to the employer such evidence that he/she is attending the funeral. (b) Satisfactory evidence of such death shall be furnished by the employee to the employer. (c) The employee shall not be entitled to leave under this clause in respect of any period which coincides with any other period of leave entitlement under this Award or otherwise. 32.-MATERNITY LEAVE (1) Eligibility for Maternity Leave A worker who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confInement, be entitled to matemity leave provided that she has had not less than 12 months' continuous service with that employer im- mediately preceding the date upon which she proceeds upon such leave. For the purposes of this clause : (a) A worker shall include a part-time worker but shall not include a worker engaged upon casual or sea- sonal work (b) Maternity leave shall mean unpaid maternity leave. (2) Period of Leave and Commencement of Leave. (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an unbroken period of from twelve to 52 weeks and shall include a pe- riod of six weeks' compulsory leave to be taken im- mediately before the presumed date of confInement and a period of six weeks' compulsory leave to be taken immediately following confInement. (b) A worker shall, not less than 10 weeks prior to the presumed date of confInement, give notice in writ- ing to her employer stating the presumed date of confmement. (c) A worker shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to commence maternity leave, stating the period of leave to be taken. (d) A worker shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confInement oc- curring earlier than the presumed date. (3) Transfer to a Safe Job. Where in the opinion of a duly qualified medical practi- tioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the worker make it inad- visable for the worker to continue at her present work, the worker shall, if the employer deems it practicable, be trans- ferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. If the transfer to a safe job is not practicable, the worker may, or the employer may require the worker to, take leave for such period as is certified necessary by a duly qualified medi- cal practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of Period of Maternity Leave. (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be length- 2016 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 75 W.A.I.G. ened once only, save with the agreement of the em- ployer, by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shortened by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of Maternity Leave. (a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of a worker terminates other than by the birth of a living child. (b) Where the pregnancy of a worker then on maternity leave terminates other than by the birth of a living child, it shall be the right of the worker to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the worker to the employer that she desires to resume work. (6) Special Maternity Leave and Sick Leave. (a) Where the pregnancy of a worker not then on mater- nity leave terminates after 28 weeks other than by the birth of a living child then- (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certi- fies as necessary before her return 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 maternity 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 a worker not then on maternity leave suffers 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 maternity leave) as a duly qualified medical practi- tioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, spe- cial maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) A worker returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which she held im- mediately before proceeding on such leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the worker is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position. (7) Maternity Leave and Other Leave Entitlements. Provided the aggregate of leave including leave taken pur- suant to subclauses (3) and (6) hereof does not exceed 52 weeks: (a) A worker may, in lieu of or in conjunction with ma- ternity leave, take any annual leave or long service leave or any part thereof to which she is then enti- tled. (b) Paid sick leave or other paid authorised award ab- sences (excluding aDnualleave or long service leave), shall not be available to a worker during her absence on maternity leave. (8) Effect of Maternity Leave on Employment. Notwithstanding any award or other provision to the con- trary, absence on maternity leave shall not break the continu- ity of service of a worker but shall not be taken into account in calculating the period of service for any purpose of the award. (9) Termination of Employment. (a) A worker on maternity leave may terminate her em- ployment at any time during the period of leave by notice given in accordance with this award. (b) An employer shall not terminate the employment of a worker on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an employer in relation to termination of employ- ment are not hereby affected. (10) Return to Work After Maternity Leave. (a) A worker shall confirm her intention of returning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave. (b) A worker, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the posi- tion which she held immediately before proceeding on maternity leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately be- fore such transfer. Where such position no longer exists but there are other positions available for which the worker is qualified and the duties of which she is capable of performing, she shall be entitled to a po- sition as nearly comparable in status and salary or wages to that of her former postion. (11) Replacement workers. (a) A replacement worker is a worker specifically en- gaged as a result of a worker proceeding on mater- nity leave. (b) Before an employer engages a replacement worker under this subclause, the employer shall inform that person 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 replace- ment worker. (e) A replacement worker shall not be entitled to any of the rights conferred by this clause except where her employment continues beyond the twelve months qualifying period. 33.-SUPERANNUATION (1) Definitions: In this clause: (a) "Approved Occupational Superannuation Fund" means a superannuation fund which complies with the Occupational Superannuation Standards Act, 1987. (b) "Fund" means: (i) the Clerical, Administrative and Retail Em- ployees' Superannuation Plan; or (ii) Westscheme; or (iii) any other approved occupational superannua- tion fund; or (iv) any other approved occupational superannua- tion fund to which an employer or employee who is a member of the religious fellowship known as the Brethren elects to contribute. (c) "Ordinary Time Earnings" means the base classifi- cation rate, including supplementary payments where appropriate, in charge rates, shift penalties and any overaward payments, together with any other all purpose allowance or penalty payment for work in ordinary time and shall include in respect to casual employees the appropriate casualloadings prescribed by this award, but shall exclude any payment for overtime worked, vehicle allowances, fares or trav- elling time allowances (including payments made for 75 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2017 travelling relating to distant work), commission or bonus. (d) "Eligible Employee" means an employee whose employment is regulated by this Award, who has completed one month's continuous service with the employer, who becomes a member of the fund, and for whom 3% of ordinary time earnings equals $2.00 per week or more. The sum of $2.00 shall be in- creased to correspond to increases in administrative charges in Westscheme from time to time. (e) "Trustee" means the trustee of the relevant fund. (2) Choice of Fund: (a) Existing employers as at the date of this order must notify the Union of the fund in subclause (I)(b)(iii) to which they intend to contribute and the date of commencement of contributions. (b) The Union must be notified in writing of the choice of fund and the date of commencement of contribu- tions referred to in paragraph (a) within 30 days of the date of this order. (c) Future employers must notify in writing the Union of the fund in subclause (1)(b)(iii) into which they intend to contribute and the intended date of the com- mencement of contributions at least 30 days prior to the payment of the first contributions to the fund. (d) Within 30 days of the notice referred to in paragraphs (b) and (c) the Union may challenge the suitability of the proposed fund by notifying both the Commis- sion and the employer of a dispute. (3) Contributions: (a) An employer shall, subject to subclauses (11) and (12), contribute to a fund referred to in subclause (1 )(b) in respect of all eligible employees an amount equal to 3% of each employee's ordinary time earn- ings each week with effect from the fIrst pay period on or after 1 July, 1989, or the employee's com- mencement date, whichever is the later. (b) Employer contributions together with any employee deductions shall be paid monthly for pay periods completed in each month. Provided that payments may be made at such other times and in such other manner as may be agreed in writing between the Trus- tee of the Fund and the employer from time to time. (c) No contributions shall be made for: (i) periods of unpaid leave or unauthorised ab- sences; or (ii) annual leave or any other payments paid out on termination. (4) Alternative Calculation of Payments: Notwithstanding the provisions of this clause the payment required to be made to a fund may be calculated on a basis agreed in writing between the Union and the employer. (5) Employer to Continue Participation: An employer who participates in the fund shall not cease participation in the fund whilst employing any eligible em- ployee. (6) Cessation of Contributions: The obligation of the employer to contribute to the fund in respect of an eligible employee shall cease on the last day of an eligible employee's employment with the employer. (7) Employer Failure to Participate in Fund: (a) Where an employer has failed to make application to participate in a fund or has failed to make pay- ments to a fund, the employer shall be required to make application to participate in a fund or to make payments to a fund within seven days of the failure being brought to the employer's attention by any person. (b) Where there has been a failure to make application to participate in a fund, upon acceptance by the trus- tee the employer shall make a once only contribu- tion to a fund in respect of each eligible employee equivalent to the contributions which would other- wise have been payable in accordance with this clause. (c) Where there has been a failure to make payments to a fund the employer shall make a once only contri- bution to a fund in respect of each eligible employee equivalent to the contributions which the employer has failed to pay. (8) Employees' Additional Voluntary Contributions: (a) Where the rules of the fund allow an eligible em- ployee to make additional contributions an eligible employee may elect to make additional contributions to the fund and the employer shall, where an elec- tion is made upon the direction of the employee de- duct contributions from the employee's wages and pay them to the fund in accordance with the direc- tion of the employee and the rules of the fund. (b) If 3% of an employee's ordinary time earnings are less than $2.00 and the employee elects: (i) to make voluntary contributions to the fund; or (ii) to have death and/or disability cover, then the employer contribution shall be payable to the fund. (9) Existing Superannuation Arrangements: No employer shall be excluded from this clause on the basis of existing voluntary superannuation arrangements. (10) Supersession by Other Award or Agreement: Nothing contained in this clause shall prevent any or all of the parties to this award from entering into other awards or agreements which have the effect of superseding the superan- nuation provisions contained in this clause. (11) Suspension: (a) Where, pursuant to subclause (2)(d) the Union chal- lenges an employer's choice of fund, the employer shall not make contributions to that fund until the dispute has been resolved by the Commission. (b) The contributions not made pursuant to paragraph (a) shall be made to the appropriate fund in accord- ance with subclause (3)(a) following the resolution of the dispute by the Commission. (12) Employee Entry into Fund: (a) The employer must provide an employee with an application to join a fund within 14 days of the op- erative date of this clause or within 14 days of an employee commencing employment, whichever is the later. (b) The employer is not obliged to make contributions to a fund: (i) where an employee has completed a letter of denial; or (ii) where an employee has not completed and returned the application referred to in para- graph (a) within 28 days of the operative date of this clause or within 28 days of an employee commencing employment, whichever is the later. provided that an employer shall make contributions to a fund from the date on which the employee sub- sequently completes an application form. (c) If the employer fails to provide the employee with the application form referred to in paragraph (a) within the time prescribed in that paragraph the em- ployer shall be obliged to make contributions as if the application had been provided within the pre- scribed time, provided that the employee returns the application within 14 days of being provided with the application by the employer. (d) The letter of denial shall be in the following form: "To (employer) I have received an application for membership of the non-contributory Superannuation Fund an un- derstand: (I) that should I sign such form you will make contributions on by behalf; and (2) that I am not required to make contributions of my own; and 2018 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 75 W.A.I.G. (3) that no deductions will be made from my wages for superannuation without my consent However, I do not wish to be a member of the Fund or have contributions made on my behalf. (Signature) (Name) (Address) (Classification) (Date)" (e) A copy of the letter of denial shall be forwarded to the Union. (13) Preservation: The provisions of this clause shall not apply to any employer who has entered into an arrangement to pay superannuation contributions into any other approved occupational superan- nuation fund and such arrangement has been ratified by either the