Award. CHIEF COMMISSIONER W.S. COLEMAN. 19 January 1994. Order. HAVING heard Ms S. Mayman with Ms R. Ho on behalf of the v Ms B. O'Byrne and Ms Psaltis-Saratsis on behalf of the
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APPLICANT: Award. CHIEF COMMISSIONER W.S. COLEMAN. 19 January 1994. Order. HAVING heard Ms S. Mayman with Ms R. Ho on behalf of the
RESPONDENT: Ms B. O'Byrne and Ms Psaltis-Saratsis on behalf of the
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WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Liquor, Hospitality and Miscellaneous Workers' Union, Miscellaneous Workers Division, Western Australian (Formerly The Federated Miscellaneous Workers' Union of Australia, W.A. Branch) and Lady Cowrie Child Centre (WA) Inc. No. 1528 of 1990. Child Care (Lady Cowrie Child Centre) Award. CHIEF COMMISSIONER W.S. COLEMAN. 19 January 1994. Order. HAVING heard Ms S. Mayman with Ms R. Ho on behalf of the Applicant and Ms B. O'Byrne and Ms Psaltis-Saratsis on behalf of the Respondent, and by consent, the Commis- sion, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— That the Child Care (Lady Cowrie Child Centre) Award 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 the 10th day of May, 1993. (Sgd.) W.S. COLEMAN, [L.S.] Chief Commissioner. Schedule. 1. Clause 2.—Arrangement: (a) Delete 2k. State Wage Principles—June 1991 from this clause. (b) Immediately following Clause 23.—Wages of this clause insert the following: 23A Process of Transition for Co-ordinator 74 W.A.I.G. (c) Immediately following Clause 25.—Award Mod- ernisation and Enterprise Consultation insert the following: 26. Classification Definition and Skill Descrip- tors 27. Liberty to Apply 2. Clause 2k.—State Wage Principles—June 1991: Delete this clause. 3. Clause 23.—Wages: Delete this clause and insert the following in lieu thereof: 23.—Wages. The minimum weekly rate of wage payable to persons employed pursuant to this award shall be: Column Column Column Column A B C D $ $ $ $ (Per (Per (Per (Per Week) Week) Week) Week) (1) (a) Child Care Support 364.60 364.60 364.60 364.60 Employee—-Grade One—Cleaner Child Care Support 364.60 371.30 371.30 371.30 Employee—Grade One—Kitchen Hand Child Care Support Step I 364.50 375.50 375.50 375.50 Employee—Grade Step H 364.50 375.50 383.80 383.80 Two Child Care/Trades 386.% 396.90 406.90 417.20 Employee 410.20 417.20 417.20 417.20 Child Care Step I 364% 364.60 364.60 364.60 Giver Step If 374.00 374.00 374.00 374.00 Step 111 375.40 383.50 383.50 383.50 Step IV 377.70 385.30 393.00 393.00 Step V 403.00 403.00 403.00 403.10 Step VI 414.00 414.00 414.00 414.00 Qualified Child Step IA 415.00 427.50 440.00 440.00 Care Giver Step IB 434% 446.20 458% 458.00 Step II 453.50 463.00 472.40 472.40 Step III 471% 479.30 486.60 486.60 Step IV 481.70 491.40 501.10 501.10 Assistant Step I 435.50 Co-Ordinator Step II 471.40 Grade Ore Step HI 486% Step IV 511.10 Step V 519.70 Assistant Step I 438% Co-Ordinator Step II 473.75 Grade Two Step HI 4%% Step IV 509.10 Step V 521.10 Assistant Step I 440.50 Co-Ordinator Step H 478.10 Grade Three Step HI 492.45 Step IV 507.60 Step V 531.10 (b) The rate payable to persons pursuant to the relevant classification in subclause (1) Col- umn A of this clause shall be operative from the beginning of the first pay period on or after 10th May, 1993. (c) The rate payable to persons pursuant to the relevant classification in subclause (1) Col- umn B of this clause shall be operative from the beginning of the first pay period on or after 10th November, 1993. (d) The rate payable to persons pursuant to the relevant classification in subclause (1) Col- umn C of this clause shall be operative from the beginning of the first pay period on or after 10th May, 1994. (e) The rate payable to persons pursuant to the relevant classification in subclause (1) Col- umn D of this clause shall be operative from the beginning of the first pay period on or after 10th November, 1994. (2) (a) Except as otherwise provided for in this subclause and subclause (3) of this clause, progression from step to step for Child Care Support Employees Grade One and Two, Child Care Giver, Qualified Child Care Giver, Assistant Co-ordinator Grades One, Two and Three, and Early Childhood Educa- tor will be contingent upon: (i) 12 months' service at each step; and (ii) satisfactory performance at each step. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.I.G. 279 (b) An employee employed as a Child Care Giver on completion of an introductory child care course shall immediately progress by one additional step beyond that previously determined in accordance with paragraph (a) of this subclause. Additional steps shall be determined in accordance with paragraph (a) of this subclause. (c) An employee who has not attained the age of 20 years shall be paid a percentage of the rate applicable to an adult employee performing the same work, taking into account the provisions for progression specified in this clause and taking into account any relevant qualifications. The percentages of the adult rate shall be: % of adult rate At or under 16 years of age 60 At 17 years of age 70 At 18 years of age 80 At 19 years of age 90 Thereafter the adult rate (d) An employee at Step 1A Qualified Child Care Giver shall be a 2 year trained person as per Clause 26.—Classification and Skill De- scriptors of this award, with no previous experience in the industry. At the completion of 12 months satisfactory performance that person shall be paid the Step 11 rate. (e) An employee in their first year of employ- ment shall be paid at Step IB Qualified Child Care Giver in accordance with Clause 23.— Wages of this award and shall be: (i) a person with a 2 year qualification as per Clause 26.—Classification and Skill Descriptors of this award, and previous experience in the industry; or (ii) a 3 or 4 year qualification as per Clause 26.—Classification and Skill Descrip- tors of this award, with no previous experience in the industry. (0 An employee in their first year of employ- ment as a Qualified Child Care Giver shall be paid at Step II Qualified Child Care Giver in accordance with Clause 23.—Wages of this award and shall be: (i) a person with a 3 or 4 year qualification; and (ii) previous experience in the industry. (g) A person who is appointed Assistant Co- ordinator Grades One, Two or Three will be appointed in accordance with the definition outlined in Clause 26.—Classification Defi- nitions and Skill Descriptors subclause (5) of this award, provided that an employer may appoint an Assistant Co-ordinator, to a higher grade according to their level of qualifica- tion. (h) Where an employee is appointed to act as the Co-ordinator of a Centre for more than four days, that person shall be paid for the whole of that period as Co-ordinator according to their level of qualification. (3) Early Childhood Educators: The minimum annual rates of salary payable to Early Childhood Educators engaged in the under- mentioned steps shall be: (a) Salary Level $ (per annum) $ (per week) Step I 24,600 471.60 Step II 26,138 501.10 Step III 27,573 528.60 Step IV 28,803 552.10 Step V 30,033 575.70 Step VI 31,570 605.20 Salary Level $ (per annum) $ (per week) Step VII 33,261 637.60 Step VIII 34,645 664.10 Step IX 35,875 687.70 Step X 37,413 717.20 Step XI 38,950 746.60 (b) Three year trained educator holding a Di- ploma of Teaching, or equivalent, or an educator holding a University Degree (other than a Bachelor of Education): Enter Step I Exit Step VII (c) Early Childhood Educator holding: (i) University degree and Diploma of Edu- cation; or (ii) University degree and Tbacher's Certif- icate; or (iii) Bachelor of Education degree Enter Step III Exit Step XI (d) Early Childhood Educator holding the quali- fications outlined in paragraph (c) of this subclause above plus a second degree or higher degree such as a graduate diploma or a degree at honours level: Enter Step IV Exit Step XI (e) A casual Early Childhood Educator shall be paid the appropriate salary for an Early Childhood Educator plus a salary loading of 27%. (0 Early Childhood Educators transferring be- tween employers or changing employment shall retain their position on the incremental scale and continue to progress through the scale by annual increment. (g) On ceasing employment with an employer the employee shall be given written notice of his or her incremental increase date to be passed on to the next employer. (h) To transfer Early Childhood Educators from the rates applying prior to 10 May, 1993 to the new structure and rates applying after the beginning of the first pay period on or after 10 May, 1993 the following process shall occur: (i) Those weekly rates applicable immedi- ately prior to the beginning of the first pay period on or after 10 May, 1993 will be increased to the next highest rate of pay on the new structure as contained in subclause (3)(a) of this clause. (ii) Where the increase resulting from trans- fer is less than $15.00 per week that increase will be paid operative from the beginning of the first pay period on or after 10 May, 1993. (iii) Where the increase is between $15.00 per week and $30.00 per week the amount will be split into two equal parts, the first increase operative from the beginning of the 1st pay period on or after 10 May, 1993 and the second increase operative from the beginning of the first pay period on or after 10 November, 1993. (iv) Where the increase resulting from trans- fer is in excess of $30.00 per week then that amount will be split into three equal increases, the first increase operative from the beginning of the first pay period on or after 10 May, 1993, the second increase operative from the beginning of the first pay period on or 280 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.I.G. after 10 November, 1993 the third increase operative from the beginning of the first pay period on or after 10 May, 1994. (4) Co-ordinator: A Co-ordinator is as defined in Clause 26.—Classification Definitions and Skill Descriptors of this award. (a) The minimum weekly rate of wage payable to persons employed pursuant to the classifi- cation of Co-ordinator shall be as follows: $ (per week) Step I 545.50 Step II 573.50 Step III 596.10 Step IV 626.60 Step V 658.00 Step VI 685.50 Step VII 700.30 Step VIII 738.60 Step IX 767.00 (b) To transfer a Co-ordinator from those rates and the structure applying prior to the beginning of the first pay period on or after 10 May, 1993 to the new rates and structure, a transition period shall operate in accor- dance with Clause 23A.—Process of Transi- tion for Co-ordinators of this award until the target rate is reached in respect of the relevant step on the classification structure. (c) A Co-ordinator will be graded in accordance with paragraphs (d) to (h) (inclusive) of this subclause. Co-ordinator is as defined in Clause 26.—Classification Definition and Skill De- scriptors of this award: (d) Within the grade of Co-ordinator the follow- ing categories of progression shall apply: (i) Co-ordinator Grade One is as defined in Clause 26 of this award: — a Co-ordinator with two year or three year training, (as defined in paragraph (f) of this subclause): Enter Step I Exit Step IV — a Co-ordinator with four year train- ing, (as defined in paragraph (f) of this subclause): Enter Step III Exit Step VI (ii) Co-ordinator Grade Two is as defined in Clause 26 of this award: — a Co-ordinator with two year or three year training, (as defined in paragraph (f) of this subclause): Enter Step III Exit Step VI — a Co-ordinator with four year train- ing (as defined in paragraph (f) of this subclause): Enter Step V Exit Step VIII (iii) Co-ordinator Grade Three is as defined in Clause 26 of this award: — a Co-ordinator with two year or three year training, (as defined in paragraph (f) of this subclause): Enter Step V Exit Step VIII — a Co-ordinator Director with four year training (as defined in para- graph (!) of this subclause): Enter Step VII Exit Step IX (e) In addition to the grading, level of training and experience relevant to determining the appropriate rate of pay for a Co-ordinator an employer may advance a Co-ordinator be- yond the steps/increments provided for, tak- ing into account such factors as: (i) number of sites supervised, size of centre(s) including number of places centre(s) licensed to cover and/or total number of children taken into care; and/or (ii) hours of operation of the centre; and/or (iii) other factors relevant to the exercise of increased skills and responsibilities by the Co-ordinator. (f) "Two year, three year and four year trained" refers to a tertiary or post secondary qualifi- cation which is relevant to the position of Co-ordinator. Where there is a dispute as to whether a qualification is relevant to the position of Co-ordinator it shall be deter- mined by the