WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western Australian Branch and St John of God Hospital and Others. No. 1146 of 1994. COMMISSIONER C.B. PARKS. 3 October 1995. Order. HAVING heard Mr D. Kelly on behalf of die 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 Private Hospitals Employees' Award, 1972 be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after 1 Septem- ber 1995. (Sgd.) C3. PARKS, [L.S] Commissioner. Schedule. 1. Clause 2.—Arrangement: Insert after the number and title "44. Structural Efficiency Implementation Tasks", of this clause the new number and title as follows— 45. Enterprise Flexibility Provisions 2. Clause 34.—Wages: A. Delete subclause (1) and (2) of this clause and insert in lieu thereof— ■ nnimiu 75 W.A.I.G. 2: plus the Arbitrated Safety Net Adjustment (ASNA) Payment expressed hereunder: Base ASNA Minmaim Rate Payment Weekly Rate s s s HOSPITAL WORKER LEVEL 1: Cotnptehends the following classes of work: Car Park Attendant Cleaner Dining Attendant Domestic Gardener (other) Ironer and Presser Kitchen Assistant Laundry Assistant Orderly (other) Pantry Assistant Hotel Services Assistant Yard Assistant Ward Assistant Maintenance Employee 1st Year of employment 2nd year of employment 3rd year of employment and thereafter HOSPITAL WORKER LEVEL2: Comprehends the following classes of work: Machinist House Parent Gardener (only one employed) Orderly (handling patients) First Laundry Worker (where more than 1 employed) Washing Machine Attendant 1 st year of employment 2nd year of employment 3rd year of employment and thereafter HOSPITAL WORKER LEVEL 3: Comprehends the following classes of work: Shaving Orderly Theatre Assistant Security Attendant Theatre Orderly Call Room Orderly Menu Assistant Gardener (Herbicide and Propagator) Machinist (who cuts and fits) Boiler Firing Orderly CSSD Assistant (1st year of employment) TSSU Assistant (1st year of employment) Maintenance Employee 1st year of employment 2nd year of employment 3rd year of employment and thereafter HOSPITAL WORKER LEVEL 4: Comprehends the following classes of work: TSSU Assistant (2nd, 3rd year of employment and thereafter rate) CSSD Assistant (2nd, 3rd year of employment and thereafter rate) Cook (other) 1 st year of employment 2nd year of employment 3rd year of employment and thereafter HOSPITAL WORKER LEVEL 5: Comprehends the following classes of work: Cook (only) one employed Storeperson Driver (under 3 tonnes) 1st year of employment 2nd year of employment 3rd year of employment and thereafter 369.80 16.00 385.80 374.30 16.00 390.30 378.30 16.00 394.30 417.30 16.00 433.30 422.20 16.00 438.20 426.40 16.00 442.40 440.10 16.00 456.10 445.00 16.00 461.00 448.50 16.00 464.50 Base ASNA Minimum Rate Payment Weekly Rate S $ $ HOSPITAL WORKER LEVEL 6: Comprehends the following classes of work: Driver (over 3 tonnes) Bus Driver (less than 25 passengers) Canteen Supervisor 1st year of employment 407.80 16.00 423.80 2nd year of employment 411.30 16.00 427.30 3rd year of employment and thereafter 414.80 16.00 430.80 HOSPITAL WORKER LEVEL 7: Comprehends the following classes of work Bus Driver (over 25 passengers) Second Cooks Istyearofemployment 417.30 16.00 433.30 2nd year of employment 422.20 16.00 438.20 3rd year of employment and thereafter 426.40 16.00 442.40 HOSPITAL WORKER LEVEL 8: Comprehends the following classes of work Senior Food Service Attendant (Hospitals less than 100 beds) Deputy Head Orderly Machinist Tradesperson Horticulturist First Cook (where more than one employed) Istyearofemployment 440.10 16.00 456.10 2nd year of employment 445.00 16.00 461.00 3rd year of employment and thereafter 448.50 16.00 464.50 HOSPITAL WORKER LEVEL 9: Comprehends the following classes of work: Tradesperson Cook Senior Food Services Attendant (more than 100 beds) Head Gardener Catering Supervisor Laundry Supervisor Head Orderly Domestic Supervisor/ Housekeeper Cleaning Services Supervisor linen Services Supervisor Istyearofemployment 454.80 16.00 470.80 2nd year of employment 459.10 16.00 475.10 3rd year of employment and thereafter 462.90 16.00 478.90 HOSPITAL WORKER LEVEL 10: Comprehends the following classes of work: Chef Istyearofemployment 475.50 16.00 491.50 2nd year of employment 481.90 16.00 497.90 3rd year of employment and thereafter 488.00 16.00 504.00 (2) (a) Play Supervisor (Lady Lawley Cottage) Istyearofemployment 366.20 16.00 . 382.20 2nd year of employment 403.80 16.00 419.80 3rd year of employment and thereafter 424.60 16.00 440.60 (b) Supervisor (Lady Lawley Cottage) 445.30 16.00 461.30 B. Add after subclause (4) of this clause the following new subclause— (5) (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. 454.80 459.10 16.00 16.00 470.80 475.10 462.90 16.00 478.90 475.50 481.90 16.00 16.00 491.50 497.90 488.00 16.00 504.00 366.20 403.80 16.00 .. 16.00 382.20 419.80 424.60 16.00 440.60 445.30 16.00 461.30 (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- able since 1 November 1991 pursuant to en- terprise agreements, consent awards or award variations to give effect to enterprise agree- 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 44.—Structural Efficiency Implementation Tasks", the following new clause— 45.—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