WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western Australian Branch and Power Clean. No. 1587 of 1993. Hospital Workers (Cleaning Contractors—Private Hospitals) Award 1978 No. R 2 of 1977. COMMISSIONER J.F. GREGOR. 21 October 1994. Order. WHEREAS on the 9th day of December, 1993 the Applicant filed applications in the Registry to amend the abovenamed Award; and Whereas the said application was listed for hearing on the 26th day of July, 1994; and Whereas after hearing argument from the parties the Commission issued Reasons for Decision on the 28th day of September, 1994; and Whereas the Respondent sought a speaking to minutes of the order issued as a result of the decision on the 28th day of September, 1994; and Whereas at the speaking to the minutes Ms Fitz Gibbon, on behalf of the Respondent, sought that an additional provision be added to the order, such additional provision said by her to be in accordance with the State Wage Principles 1993; and Whereas after hearing Mr D.J. Kelly on behalf of the Applicant and Mr J. Blackburn on behalf of the Respondent and being satisfied that this application for an $8.00 per week wage increase is consistent with the Arbitrated Safety Net Adjustment Principle pursuant to the December 1993 State Wage Principles 1994 (74 WAIG 198) and noting that an application for minimum rates adjustment as a conse- quence of the September 1989 State Wage Case Decision 1989 (69 WAIG 2917) has been lodged with the Commis- sion (Application No. 556 of 1994); and Whereas Ms Fitz Gibbon argued at the speaking to the minutes an explanation to the effect that: the Arbitrated Safety Net Adjustment Principle expressed in subclause (1) of Clause 32.—Wages shall be absorbed to the extent of any equivalent amount in rates of pay—whether overaward, award or certified agreement—in excess of the minimum rates presented in accordance with the September 1989 Wage Case Decision provided that any excess amount prescribed in the Award as a result of the implementation of the minimum rates adjustment determined in accordance with the September 1989 Wage Case Decision will not be taken into account for the purposes of that absorption, be included in the citation; and Whereas the Commission accepts the submission of Ms Fitz Gibbon that the citations reflect the explanation that is recorded herein; 2720 Now therefore the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— That the Hospital Workers (Cleaning Contractors— Private Hospitals) 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 commencing on or after the 26th day of July, 1994. (Sgd.) J.F. GREGOR, [L.S.] Commissioner. Schedule. 1. Clause 32.—Wages: Delete this clause and insert in lieu thereof the following: 32.—Wages. (1) The minimum weekly rate of wage payable to employees covered by this award shall be the Base Rate plus the Arbitrated Safety Net Adjustment (ASNA) Payment expressed hereunder: Base ASNA Minimum Rate Payment Weekly Rate $ $ $ (a) Cleaner: $ Per Week 1st year of em- ployment 369.80 2nd year of em- ployment 374.30 3rd year of em- ployment and thereafter 378.30 (b) Window Cleaner: 1st year of em- ployment 378.30 2nd year of em- ployment 382.60 3rd year of em- ployment and thereafter 387.10 (c) Junior Hospital Workers: The minimum rate of wage payable to junior hospital employees shall be the fol- lowing percentage of the prescribed wage during the first year of employment for an adult employee doing the same class of work. % Under 17 years of age 50 Under 18 years of age 70 Under 19 years of age 80 At 19 years of age 100 (d) Casual employees shall be paid a loading of 25% over the rates specified. (2) General Conditions: (a) Leading Hands: In addition to the rates herein prescribed a leading hand shall be paid per week— $ (i) If placed in charge of not less than three and not more than 10 other workers 14.20 (ii) If placed in charge of more than 10 and not more than 20 other workers 21.40 (iii) If placed in charge of more than 20 other workers 28.50 (b) Where the term "year of employment" is used in this clause it shall mean all service whether full time or part time and regardless of the class of work with that employer. 74 W.A.I.G. Such service shall be calculated in periods of calendar years from the date of com- mencement of work with the employer and shall be by automatic progression subject to satisfactory service. (c) In determining the year of employment of a worker 19 years of age or over employment while under the age of 19 years shall not be counted in determining the year of employ- ment at or over 19 years of age. (d) The hourly rate shall be calculated by dividing the weekly rate herein by 40. (e) The hourly rate for an employee working an average of 38 hours per week shall be calculated by dividing the weekly rate herein expressed by 40. (f) The hourly rate for an employee actually working 38 hours shall be calculated by dividing the weekly rate herein expressed by 38.