WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western Australian Branch St John of God Hospital and Others. No. 1602 of 1993. Private Hospital Employees' Award, 1972 No. 27 of 1971. COMMISSIONER J.F. GREGOR. 21 October 1994. 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 Respondents 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 Respondents, 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 and Mr K.D. Glew on behalf of the Respondents 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 consequence of the September 1989 State Wage Case Decision 1989 (69 WAIG 2917) has been lodged with the Commission (Application No. 562 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 34.—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 prescribed 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 74 W.A.I.G. 2' 13 Whereas the Commission accepts the submission of Ms Fitz Gibbon that the citations reflect the explanation that is recorded herein; Now therefore the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— That the Private Hospital 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 the 26th day of July, 1994. (Sgd.) J.F. GREGOR, [L.S.] Commissioner. Base ASNA Minimum Rate Payment Weekly Rate $ $ $ Schedule. 1. Clause 34.—Wages: Delete this clause and insert in lieu thereof the following: 34.—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 $ $ S HOSPITAL WORKER LEVEL 1: Comprehends the fol- lowing 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 369.80 8.00 377.80 2nd year of employment 374.30 8.00 382.30 3rd year of employment and thereafter 378.30 8.00 386.30 HOSPITAL WORKER LEVEL 2: Comprehends the fol- lowing classes of work: Machinist House Parent Gardener (only one em- ployed) Orderly (handling pa- tients) First Laundry Worker (where more than 1 employed) Washing Machine At- tendant 1st year of employment 375.00 8.00 383.00 2nd year of employment 379.80 8.00 387.80 3rd year of employment and thereafter 384.10 8.00 392.10 HOSPITAL WORKER LEVEL 3: Comprehends the fol- lowing 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 383.80 2nd year of employment 388.20 3rd year of employment and thereafter 392.30 HOSPITAL WORKER LEVEL 4: Comprehends the fol- lowing classes of work: TSSU Assistant (2nd, 3rd year of employ- ment and thereafter rate) CSSD Assistant (2nd, 3rd year of employ- ment and thereafter rate) Cook (other) 1st year of employment 389.00 2nd year of employment 393.60 3rd year of employment and thereafter 397.30 HOSPITAL WORKER LEVEL 5: Comprehends the fol- lowing classes of work: Cook (only) one em- ployed Storeperson Driver (under 3 tonnes) 1st year of employment 404.00 2nd year of employment 407.60 3rd year of employment and thereafter 411.30 HOSPITAL WORKER LEVEL 6: Comprehends the fol- lowing classes of work: Driver (over 3 tonnes) Bus Driver (less than 25 passengers) Canteen Supervisor 1st year of employment 407.80 2nd year of employment 411.30 3rd year of employment and thereafter 414.80 HOSPITAL WORKER LEVEL 7: Comprehends the fol- lowing classes of work: Bus Driver (over 25 pas- sengers) Second Cooks 1st year of employment 417.30 2nd year of employment 422.20 3rd year of employment and thereafter 426.40 8.0) 397.00 8.00 401.60 8.00 405.30 8.00 412.00 8.00 415.60 8.00 419.30 8.00 415.80 8.00 419.30 8.00 422.80 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 74 W.A.I.G. Base ASNA Minimum Rate Payment Weekly Rate $ $ $ HOSPITAL WORKER LEVEL 8: Comprehends the fol- lowing classes of work: Senior Food Service At- tendant (Hospitals less than 100 beds) Deputy Head Orderly Machinist Tradesperson Horticulturist First Cook (where more than one employed) 1st year of employment 440.10 8.00 448.10 2nd year of employment 445.00 8.00 453.00 3rd year of employment and thereafter 448.50 8.00 456.50 HOSPITAL WORKER LEVEL 9: Comprehends the fol- lowing 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 Su- pervisor Linen Services Supervi- sor 1st year of employment 454.80 8.00 462.80 2nd year of employment 459.10 8.00 467.10 3rd year of employment and thereafter 462.90 8.00 470.90 HOSPITAL WORKER LEVEL 10: Comprehends the fol- lowing classes of work: Chef 1st year of employment 475.50 8.00 483.50 2nd year of employment 481.90 8.00 489.90 3rd year of employment and thereafter 488.00 8.00 496.00 (2) (a) Play Supervisor (Lady Lawley Cot- tage) 1st year of employ- ment 366.20 8.00 374.20 2nd year of em- ployment 403.80 8.00 411.80 •3rd year of em- ployment and thereafter 424.60 8.00 432.60 (b) Supervisor (Lady Lawley Cottage) 445.30 8.00 453.30 (3) Junior Hospital Employees The minimum rate of wage payable to Junior Hospital Employees shall be the following percentage of the prescribed wage for an adult employee in her first year of employment doing the same class of work. % Under 17 years of age 60 At n years of age 70 At 18 years of age 80 At 19 years of age 100 (4) General Conditions: (a) The ordinary wages of any employee, placed in charge of three or more employees, shall be increased by $14.20 per week. (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. Such service shall be calculated in periods of calendar years from the date of com- mencement of work with the employer and by automatic progression subject to satisfac- tory service. Provided that in determining the rate of wage of an employee nineteen years of age and over, service prior to attaining the age of nineteen years shall not be counted in determining the total service of an employee for the purpose of this clause. (c) A casual employee shall be paid a loading of twenty five percent over the rates specified in this clause. (d) The hourly rate of wage for each employee shall be calculated by dividing the weekly rate herein expressed as follows: (i) for an employee working an average of 38 hours per week by dividing the weekly rate herein expressed by 40; or (ii) for an employee actually working 38 hours by dividing the weekly rate herein expressed by 38; or (iii) for an employee employed in a classifi- cation prescribed in subclause (2) of this clause by dividing the weekly rate therein expressed by 37.5.