Western Australian Industrial Relations Commission to give it legal force and effect by means of a variation to this Award, such variation is subject to the approval of the West- em Australian Industrial Relations Commission and will, if approved, be made in the form of a schedule to this Award. (8) Nothing in this clause shall be taken as limiting a right to apply the Western Australian Industrial Re- lations Commission to have the Commission exer- cise any one of its several powers that enable the Commission to give legal force and effect to an en- terprise flexibility agreement Industrial Relations Act 1979. The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western Australian Branch and Anglican Homes for the Aged Inc and Others. No. 1102 of 1994. COMMISSIONER C.B. PARKS. 3 October 1995. Order. HAVING heard Mr D. Kelly on behalf of the Applicant and Mr J. Blackburn on behalf of the majority of respondents and Mr L. Pilgrim on behalf of several respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders: THAT the Aged and Disabled Persons Hostels Award, 1987 be varied in accordance with the following Sched- ule and that such variation shall have effect from the be- ginning of the first pay period commencing on or after 1 September 1995. (Sgd.) C.B. PARKS, [L.S] Commissioner. Schedule. 1. Clause 2.—Arrangement: Insert after the number and title "39. Structural Efficiency Implementation Tasks", of this clause the new number and title as follows— 40. Enterprise Flexibility Provisions 2. Clause 18.—Wages: A. Delete subclause (1) of this clause and insert in lieu thereof— (1) (a) The minimum weekly rate of wage payable to employees covered by this award shall be the Base Rate plus the Arbitrated Safety Net Ad- justment (ASNA) Payment expressed hereun- der: Base ASNA Mininmm Rate Payment Weekly Rate $ $ $ (0 Qualified Cook 460.90 16.00 476.90 Oi) Cook Woridug Alone 401.00 16.00 417.00 (Hi) Other Cook 395.90 16.00 411.90 (iv) Supervisor 426.40 16.0) 442.40 (v) Assistant Supervisor 403.60 16.00 419.60 (vi) Domestic 378.30 16.00 394.30 (vii) Driver 402.90 16.00 418.90 B. Insert after subclause (6) of this clause the following new subclause— (7) (a) The rates of pay in this award include the first $8.00 per week arbitrated safety net adjust- ment payable under the December 1994 State Wage Decision. The first $8.00 per week ar- bitrated 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 pre- vious 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. (b) The rates of pay in this award include the sec- ond $8.00 per week arbitrated safety net ad- justment payable under the December 1994 State Wage Decision. The second $8.00 per week arbitrated safety net adjustment may be offset to the extent of any wage increase pay- ments, insofar as that wage increase has not previously been used to offset an arbitrated safety net adjustment. 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. 3. Insert after "Clause 39.—Structural Efficiency Implementation Tasks", the following new clause— 40.—ENTERPRISE FLEXIBILITY PROVISIONS (1) Subject to the provisions contained elsewhere in this clause an employer, and an employee or group of employees, covered by this Award may reach agree- ment upon terms and conditions of employment to meet the requirements of the employers enterprise and the aspirations of the employee or employees. (2) Where a matter arises for consideration between an employer, and an employee or group of employees which— (a) were it to be settled between them as a term of an enterprise flexibility agreement such a term would be inconsistent with a provision of this Award, and (b) were an inconsistent term of any such agree- ment to be given legal force and effect it would apply to a current employee who is known to the employer to be a member of the Union, and (c) if it be intended that the