WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Federated Miscellaneous Workers' Union of Australia, W.A. Branch and Eric Dry Cleaners and Others. No. 1496 of 1992. COMMISSIONER C.B. PARKS. 26 January 1993. Order. HAVING heard Ms D.A. Blaskett on behalf of the Applicant and there being no appearance on behalf of the Respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— That the Federated Miscellaneous Workers' Union of Australia, W.A. Branch be and is hereby joined as a party to the Dry Cleaning and Laundry Award 1979, No. R35 of 1978, effective from 15 January 1993. (Sgd.) C.B. PARKS, [L.S.] Commissioner. AWARDS/AGREEMENTS Consolidation by Registrar— CLOTHING TRADES AWARD 1973 No. 16 of 1972. PURSUANT to section 93(6) of the Industrial Relations Act 1979 the following award has been consolidated and is published hereunder for general information. Dated at Perth this 15th day of January 1993. T. POPE, A/Registrar. Clothing Trades Award 1973 Award No. 16 of 1972. 1.—Title. This award shall be known as the "Clothing Trades Award 1973" and shall replace Award Nos. 6 to 10 of 1933, as amended and Award No. 12 of 1937, as amended. 1A.—State Wage Principles. It is a condition of this award/industrial agreement that any party seeking to vary its terms on or from the 31st day of January 1992 shall not pursue before the Commission any variation to such award/industrial agreement without due regard for the Principles as stated by the Commission in the Reasons for Decision in Matter No. 1752 of 1991 for the duration of those Principles. 2.—Arrangement. 1. Title 1A. State Wage Principles 2. Arrangement 3. Scope 4. Area 5. Tferm 6. Definitions 7. Contract of Service 8. Part Time Employees 9. Hours of Work 10. Meal Interval 11. Rest Period 12. Overtime 13. Holidays 14. Annual Leave 15. Absence Through Sickness 16. Bereavement Leave 17. Long Service Leave 18. Wages 19. Minimum Wage 20. Mixed Functions 21. Junior Employees 22. Location Allowance 23. Casual Employees 24. Payment by Results 25A. Outworkers 25B. Contract Work 25C. Registration of Employers For The Purposes of Clauses 25A and 25B 26. Aged, Infirm or Slow Employees 27. Time and Wages Record 28. Right of Entiy 29. General Conditions 30. Board of Reference 31. Maternity Leave 32. Superannuation 33. Traineeships 34. Enterprise Flexibility 35. Consultative Committees 36. Dispute Settlement Procedure 37. Trade Union Training Leave Schedule of Respondents Schedule A Schedule B 476 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 73 W.A.I.G. 3.—Scope. This award shall be binding on all employees employed in the callings mentioned in Clause 18.—Wages and pursuant to Clause 24.—Payment by Results of this award in the clothing industry carried out by the employers respondent hereto, and on all employers employing those employees, but shall not apply to any employee bound by an award of the Commonwealth Conciliation and Arbitra- tion Commission. 4.—Area. This award shall have effect throughout the State of Western Australia. 5.—Term. The term of this award shall be for a period of one year form the date hereof. 6.—Definitions. (1) "Examiner" means an employee required to examine for faults in the construction of any garment or part of the garment made by other employees. Provided that the term does not include an employee who incidental to his or her main function, examines the work of a preceding employee in a sectionalised process of operation. (2) "Timework" means work performed other than under any system of payment by results specified in Clause 24.—Payment by Results of this award. (3) "Utility machinist" means a machinist who, from time to time performs production work on one or more machines other than the one or ones on which she is constantly engaged. The term does not include a female employee who, as part of the same function operates more than one machine. (4) "Tradespeople" will cover cutters, tailors and tailoresses, trimmers marking and/or cutting out linings or trimmings, fitters up and/or shapers, hand blockers in headwear, and in addition classification 45(a). 7.—Contract of Service. (1) Except in the case of a casual employee and as hereinafter provided the contract of service shall be by the week and shall be terminated by one week's notice on either side. Such notice may be given at any time within working hours and any day upon which notice is given before 10.00 a.m. shall be regarded as a full day for the purpose of this clause. (2) In the event of an employer or employee failing to give the required notice one week's wages shdl be paid by the employer or forfeited by the employee. (3) When the employment is terminated by the employer, or by the employee in accordance with subclause (1) of this clause, the employer shall upon the date of such termination, pay the employee all moneys due. (4) In the event of the work of the factory or section of the factory or workshop being stopped by a breakdown of machinery, or for any cause for which the employer cannot reasonably be held responsible other than on account of lack of orders and/or a shortage of material, any employee other than a casual employee who presents himself for work shall be found work for that day or paid one day's wages in lieu thereof, but the employer may, when such causes occur, give notice to an employee that his services will not be required on the following day or days, and the employee shall not be entitled to any further payment in respect of any further days that he/she is out of employment by reason of such causes. (5) On any day upon which an employee cannot be usefully employed because of any strike or lockout by any persons whatsoever, or, any failure or lack of power arising away from the premises of the employer, or any restriction or shortage of power for which the employer cannot justly be held responsible, an employee other than a casual employee who is required to attend for work and does so attend on that day shall be paid a minimum of two hours' pay at ordinary rates, and if required to perform work or remain at work for longer than two hours, payment shall be made at ordinary rates for all time standing by the time worked. (6) Notwithstanding anything contained in subclause (1) of this clause, during the first fortnight of the employment the services of an employee may be terminated by die giving of one hour's notice on either side or, as the case may be, by the payment or forfeiture of one hour's pay in lieu of notice. Provided that, after the first day and during the balance of the fortnight of the employment, where on any day the employer terminates the services of an employee, other than for misconduct, he/she shall be required to pay the employee not less than one day's pay for that day. (7) No employee shall, without just cause be absent from his or her employment during the prescribed hours whilst there is work ready to be done by such employee and must be available, ready and willing on the days and during the hours fixed by this award. (8) An employee not attending for duty shall, except as provided in Clause 15—Absence through Sickness, lose his pay for the actual time of such non-attendance. (9) (a) Where an employer terminates the employment of an employee within fourteen days of the day on which a holiday prescribed in Clause 13—Holidays occurs, and such employee is re-engaged within a period of one month after that holiday, the employee shall be paid for the holiday, but only if he/she has been employed by the employer for a period of at least one week prior to the termination of employment. (b) Notwithstanding the provisions of paragraph (a) hereof, should the employment of an employee be termi- nated by the employer, through no fault of the employee, on or after the last working day of the last pay period in November or within fourteen working days prior to Good Friday such employee shall be paid for each holiday prescribed in Clause 13—Holidays, occurring during the Christmas—New Year period and at Easter time in the same manner as he/she would have been entitled to payment had the employment not been terminated by only if he/she had been employed by the employer for a period of at least three months prior to die termination of employment. (c) On or prior to pay day, the employer shall state to each employee in writing details of the payment to which he or she is entided, the amount of each deduction made therefrom and the net amount being paid to him or her. (10) An employee shad be paid all wages due to that employee in full during the ordinary working hours within two working days following the termination of the working week. Monies due shall include a payment in lieu for any time which may have accrued in accordance with an arrangement pursuant to subclause (5) of Clause 9.—Hours of Work. All wages due in full may be made in the form of a direct transfer into a bank or financial institution nominated by the employee. Such transfer shall be no later than during the forenoon of the second work day following the termination of the working week. On or prior to pay day, the employer shall state to each employee in writing details of the payment to which the employee is entided, the amount of each deduction made therefrom and the net amount being paid to that employee. (11) Nothing contained in this clause shall affect the right of an employer to dismiss an employee, without notice, for misconduct. (12) Notwithstanding the provisions of this clause an employer may depart from the provisions of this clause in accordance with an agreement reached pursuant to Clause 34.—Enterprise Flexibility of this award. (13) An employer bound by this award may direct an employee to carry out such duties as are within the limits of that employee's skill, competence and training. 8.—Part Time Employees. (1) An employer may employ a part time employee on a weekly basis in accordance with Clause 7.—Contract of Service of this award. (2) For the purposes of this clause a part time employee is a person who, owing to the requirements of the job on which such person is employed, is employed for less than 38 hours per week, or owing to the requirements of the employee, chooses to accept work for less than 38 hours per week. (3) An employer shall pay a part time employee 1/38 of the award wage for their classification per hour. (4) An employer shall apply all the provisions of this award to a part time employee, including the provisions of Clause 13.—^Holidays, Clause 14.—Annual Leave and Clause 15.—Absence Through Sickness of this award on a pro rata basis according to the number of hours worked by the employee. (5) An employer may employ a part time employee within the ordinary spread of hours applicable to full time employees; where such part time employee is employed a time outside the ordinary spread of hours , the hourly rate (exclusive of the 25 per cent loading, if paid) shall be increased in accordance with Clause 12.—Overtime of this award. For example, in the case of a part time employee who works overtime for one hour from 6.00pm to 7.00pm on a week night, the calculation of this payment is as follows: (Award Wage ) (Award Wage ) ( x 1.5) + ( x 33 1/3%) (38 ) ( 38 ) (6) An employer shall pay a part time employee employed under a payment by results system in accordance with Clause 24.—Payment By Results of this award, but in no case shall any part time employee be paid less than so much of the award wage for their classification as is proportionate to the time worked by them. (7) An employer shall calculate the payment or deduction of payment in lieu of notice, the entitlement to severance pay, the entitlement to annual leave and the entitlement to sick leave provided by this award or a proportionate basis. The basis for this calculation shall be the average weekly number of hours worked by the part time employee during the preceding 12 months or if there is not a 12 month period of employment then the average of the actual hours worked during the period of employment. (8) An employer shall grant a part time employee the holidays provided in Clause 13.—^Holidays of this award where such holiday falls on a day that the part time employee would normally have worked. An employer shall pay a part time employee for the number of hours he or she would normally have worked on that day. (9) An employer shall not require a part time employee to attend for duty more than once on any one day. 9.—Hours of Work. (1) (a) The ordinary hours of duty shall not exceed thirty eight in any one week to be worked within five days, Monday to Friday inclusive subject to the terms of subclause (9) of this clause. The spread of hours shall be between 7.00 a.m. and 6.30 p.m. but no employee shall be rostered for duty in excess of eight hours without payment of overtime unless an arrangement has been made in accor- dance with the provisions of this subclause. (b) A spread of hours, other than that herein prescribed, and the number of hours in excess of eight on any day which may be worked without the payment of overtime, may be agreed upon by the employer and the employees concerned and assented to by the union in writing or as approved by the Commission. (2) Where an employee is employed in a retail store he/she may be rostered for ordinary duty on five and a half days of the week at ordinary rates of pay within the hours prescribed from time to time by the Shop Assistant (Metropolitan) Award. (3) Any employee , other than a casual employee , who is employed in a retail store on a five and a half day week basis shall be paid such additional rates for work performed on Saturday as is prescribed from time to time by the Shop Assistants (Metropolitan) Award. Provided that any em- ployee who has completed his ordinary hours of duty by Friday of each week shall not be entitled to the additional rates for Saturday work but shall be paid overtime rates in respect of all work performed on a Saturday. (4) Except in the case of an emergency the employer shall give one week's notice of any alteration to the starting and ceasing times of the ordinary hours of duty. (5) Subject to limitations prescribed in subclause (l)(a) of this clause, where the employer and a majority of employees agree the ordinary hours of work may be arranged by any one of the following methods:— (a) By working shorter hours in one or more days of a week. (b) Fix a day on which all employees will be off during a particular work cycle. (c) Roster employees off on various days of the week during a particular work cycle. (d) Where the employees are entitled to a rostered day off in accordance with paragraph 2 or 3 hereof, the employer shall notify such employee not less than 4 weeks in advance of the weekday he or she shall take off. Where an employee has not accumulated a full day's entitlement when a rostered day off occurs such employee shall for that day receive payment for actual time accrued. (e) Where the employer and employees agree, ros- tered days off may accumulate to a maximum of 7 days which shall be taken in one continuous period within one month of such accrual. (f) Where arrangement is made in accordance with this clause starting and finishing times and the daily and weekly hours so determined shall constitute the ordinary working hours and work performed outside or in excess of such times and hours will constitute overtime for the purpose of this award. (g) (i) An employer with the agreement of the majority of employees concerned may substi- tute the day an employee is to take off in accordance with an arrangement pursuant to this subclause for another day in the case of a breakdown of machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situa- tion. (ii) An individual employee, with the agreement of his or her employer may substitute the day she is to take off for another day. (h) In the event of a dispute in relation to the implementation of a 38-hour week the matter shall be referred to the Commission for determination. (6) Shift Work: Notwithstanding anything elsewhere contained in this Award adults may be employed on a weekly afternoon shift basis subject to die following conditions where agreement to so work has been reached between the Union and the employer concerned. (a) For the purpose of this subclause "afternoon shift" shall mean a shift finishing after 5.00 p.m. but not later than 11.30 p.m. (b) Part-time employees may be employed to work on afternoon shift for a lesser number of hours per week than 38. (c) Part-time employees employed under subclauses (1) and (2) above shall be subject to the terms and conditions of Clause 23. (d) An employee when working afternoon shift shall in addition to that employee's ordinary rate of pay be paid in respect of each hour an amount equivalent to 22.5 per cent of the rate applicable to the work performed. (e) Any time worked by a shift employee in excess of eight hours in any one day or 38 hours in any one week shall be paid for at the penalty rates as prescribed in Clause 12 of this Award provided that the number of hours worked on any day may exceed 7.6 hours without payment of overtime if such hours are agreed upon by the employers and 478 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 73 W.A.I.G. the employees concerned and assented by the Union in writing. (f) For a shift greater than five hours' duration, twenty minutes shall be allowed to employees on an afternoon shift for a break which shall be counted as time worked and which shall be arranged at a convenient time as near as practica- ble to the middle of the shift. (g) For a shift of 5 hours or less duration, 15 minutes shall be allowed to employees on an afternoon shift for a break which shall be counted as time worked and which shall be arranged at a conven- ient time as near as practicable to the middle of the shift. (h) In the case of absenteeism or other emergency situation, an employee who is not usually engaged on an afternoon shift basis, and who is required to work shift work on a temporary basis, shall in addition to the employee's ordinary rate of pay, be paid l/38th of the rate prescribed in paragraph (d) hereof, for each hour worked on any afternoon shift. Provided any time worked on any afternoon shift on that day by an employee who had already completed a shift on that day shall be paid for at the overtime penalty rates prescribed by Clause 12.—Overtime of this Award. (i) An employee being recalled to work overtime in accordance with paragraph (h) hereof after leaving the employer's business premises shall be paid a minimum of four hours' work at the appropriate overtime rate for each time the employee is so recalled. (j) When an employee working overtime or on a shift in accordance with paragraphs (h) or (i) hereof, for which the employee has not been regularly rostered finishes work at a time when the employee's usual or other reasonable means of transport is not available, the employer shall provide the employee with conveyance to the employee's home or pay the employee ordinary wages for the time reasonably occupied in reaching the employee's home. (k) In relation to the matter of transfers between afternoon shift and ordinary working hours, the employer shall give preference to all employees who have notified in writing to the employer their desire for such transfer. Provided that the employer shall be excused from the obligation to give preference in accor- dance with this paragraph in the case of any particular vacancy situation where the employer has reasonable grounds to believe (and does believe) that the employee/s desirous of transfer are unsuitable for performing the duties of that vacant position. (7) Notwithstanding the provisions of this clause, an employer may depart from the provisions of this clause in accordance with an agreement reached pursuant to Clause 34.—Enterprise Flexibility of this award. 10.—Meal Interval. (1) Except as provided in this clause an interval of not more than one hour and not less than forty five minutes shall be allowed for the mid-day meal interval, Monday to Friday inclusive provided that the duration of the interval may be reduced to not less than 30 minutes where the employer and the majority of his employees so agree. (2) The meal interval shall be observed between the hours of 11.30 a.m. and 2.30 p.m. (3) When an employee is required for duty during his usual meal time and his meal time is thereby postponed for more than half an hour he/she shall be paid at overtime rates until the meal break is allowed. 11.—Rest Period. Employees shall be entitled to two daily rest periods of ten minutes without loss of pay, to be taken between the hours of 9.30 a.m. and 11.00 a.m. and 2.30 p.m. and 4.00 p.m. at the discretion of the employer. During such rest periods the employees may leave their seats but not the premises. 12.—Overtime. (1) All time worked by an employee in excess of thirty eight hours in a week or in excess of his or her normal number of daily hours or outside the dailyspread of hours prescribed in Clause 9.—Hours of Work of this award shall be paid for at the rate of time and one half for the first two hours and double time thereafter. Each day shall stand alone for the purpose of calculating overtime. (2) All time worked on Saturday after 12 noon or on Sunday shall be paid for at the rate of double time. (3) An employee paid under any system of payment by results when working overtime shall be paid in addition to the ordinary earnings paid under such system for work done in excess time, such sum per hour as is equivalent to the weekly wage divided by seventy six. Provided that for work in excess of two hours overtime on any day such sum per hour as is equivalent to the weekly wage divided by thirty eight shall be paid in addition to ordinary earnings. (4) An employee required to work for more than one hour after the usual ceasing time or beyond 6.00 p.m. (whichever is the later) on any day, Monday to Friday inclusive shall be paid meal money of $4.75 for the purchase of any meal required. (5) Notwithstanding anything hereinbefore contained an employee who is required to work for longer than one and a half hours after the usual ceasing time shall be allowed no less than thirty minutes meal break. Provided that this subclause shall not apply to an employee on any day where there is an early ceasing time, unless a total of five and a half hours or more inclusive of overtime is to be worked following the midday meal interval. (6) (a) Notwithstanding anything contained in this award an employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements. (b) No organisation, party to this award or employee or employees covered by this award, shall in any way, whether directly or indirectly be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause. (7) Notwithstanding the provisions of this clause, an employer may depart from the provisions of this clause in accordance with an agreement reached pursuant to Clause 34.—Enterprise Flexibility of this award. 13.—Holidays. (1) (a) The following days, or the days observed in lieu shall, subject as hereinafter provided, be allowed as holidays without deduction of pay, namely, New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christ- mas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties, in lieu of any of the days named in this subclause. (b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday, and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Thesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. (2) On any public holiday not prescribed as a holiday under this award the employer's establishment or place of business may be closed in which case an employee need not present him/herself for duty and payment may be deducted but if work be done ordinary rates of pay shall apply. (3) (a) Work done on any day prescribed as a holiday in sutelause (1) of this clause shall be paid for at the rate of double time and one half. 73 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 479 (b) Any employee engaged under any system of payment by results and who works on any holiday prescribed in subclause (1) of this clause shall for all time worked on that day be paid his ordinal earnings under such system of payment by results, and in addition an amount calculated on the basis of time and one half of the ordinary rate for the class of work being performed. (c) Should the rostered day off agreed to in accordance with an arrangement pursuant to subclause (5)(l)(a) of Clause 9.—Hours of Work, fall on a public holiday the employer shall allow the employee to take the day off on the working day next following. (d) Provided that any period of unpaid leave in excess of four weeks, shall not be deemed to be service and the employee shall not be entitled to payment for any holidays falling within this period of leave. (4) The provisions of this clause shall not apply to casual employees. 14.—Annual Leave. (1) Except as hereinafter provided a period of four consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to an employee by his employer after a period of twelve months' continuous service with that employer. (2) (a) During a period of annual leave an employee shall receive a loading of 17 1/2 percent calculated on the award rate of wage prescribed by Clauses 18.—Wages, 21.— Junior Employees and 22.—^Location Allowances of this award for the occupation in which the employee was ordinarily employed immediately prior to commencement of his leave. The loading shall be applicable to both time employees and payment by result employees. (b) The loading prescribed under paragraph (a) hereof is payable when services terminate in the following circum- stances and not otherwise:— (i) In respect of any untaken part of a full entitlement to annual leave for which payment in lieu is made; or (ii) In respect of any uncompleted twelve months' period, for which proportionate leave on termina- tion is payable, if services are terminated by the employer, through no fault of the employee, after the 25th August in any year, or in the case of an employee who would not normally be taking any annual leave over the Christmas/New Year period if such termination by the employer is within four calendar months of die date the employee would normally have taken his or her annual leave. (3) If any award holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid. (4) (a) An employee whose employment terminates after he/she has completed a twelve monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period shall be given payment in lieu of that leave. Should he/she have given service beyond that qualifying period such leave shall be paid as set out in subclause (5)(a) unless— (i) he has been justifiably dismissed for misconduct; and (ii) the misconduct for which he/she has been dis- missed occurred prior to the completion of that qualifying period. (5) (a) If after one month's continuous service in any qualifying twelve monthly period, an employee lawfully leaves his employment or his employment is terminated by the employer through no fault of the employee, the employee shall be paid 2.93 hours pay at the rate of wage prescribed by Clauses 18 and 22 in respect of each completed week of continuous service. (b) Except as provided in paragraph 2(b) of this clause, the loading prescribed in that subclause shall not apply to proportionate leave on termination. (c) In calculating the period of twelve month's continuous service, any absence (other than long service leave) shall not, except to the extent of not more than twenfy-five days in a twelve monthly period in the case of sickness or accident, be taken into account in calculating the period of twelve months continuous service. (6) In the event of an employee being employed by an employer for portion only of a year, he/she shall only be entitled subject to subclause (4) of this clause, to such leave on full pay as is proportionate to his length of service during that period with such employer, and if such leave is not equal to the leave given to the other employees he/she shall not be entitled to work or pay whilst the other employees of such employer are on leave on full pay. (7) An employee who is justifiably dismissed for misconduct shall not be entitled to the benefit of the provisions of this clause. (8) Subject to subclauses (9) and (10) hereof, annual leave shdl be taken at a time fixed by the employer within a period not exceeding three months from the date when the right of annual leave accrued and after not less than three months notice to the employee. (9) In special circumstances and by mutual consent of the employer, the employee and Union concerned, annual leave may be taken in not more than three periods. (10) (i) Notwithstanding the provisions of this clause an employer who observes a Christmas closedown for the purpose of granting annual leave may require an employee to take his annual leave in not more than three periods but no such periods shall be less than one week and at least three months notice of the requirement to take leave shall be given in each case. In any establishment where 75% of employees agree, and with the consent of the Union, the period of closedown may be extended and all employees stood down without pay for a further period of not more than two days. (11) Any employee who has qualified for full entitlement of annual leave, and has also completed further weeks of continuous service shall be allowed his or her leave paid for 2.93 hours in respect of each completed week of continuous service performed since the closedown of the employees last twelve monthly qualifying period. (11) Where an employee under any system of payment by results takes annual leave such leave shall be at the relevant time rate provided that— (a) for each week or part thereof of annual leave to which he/she is entitled the employee shall receive an additional payment based on the average weekly incentive payment earned in excess of the appropriate award wage for the classification concerned. The average shall be calculated on a forty week qualifying period and applied to ordinary hours only in respect of any incentive scheme based on production during the "qualify- ing period of employment" in each year. (b) The "qualifying period of employment" shall mean— (i) In the case of an employee taking annual leave at Christmas, the period of forty consecutive weeks commencing with the first pay period in February. If annual leave is taken in two or three periods the same average additional payment for the first period shall also apply to the second or third period. (ii) In the case of an employee taking annual leave at any other time, the first forty consecutive weeks in the twelve months immediately preceding the date of the taking of annual leave. (iii) Where an employee is not employed during the whole of the "qualifying period", he/she shall still be eligible for such additional payment but the average shall be calculated on the period of employment falling within the said forty consecutive weeks. 480 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 73 W.A.I.G. (c) In the case of an employee absent on long service leave during any "qualifying period of employ- ment" both the period of such leave and the payment in respect thereof shall be excluded from the calculation of average incentive payment earned. (d) Payment of any bonus or incentive in respect of "unrated work" shall be regarded as payment in respect of an incentive scheme for the purpose of paragraph (a) hereof. (e) In calculating the average incentive payments earned, all amounts paid in respect of overtime, shift work or penalty rates shall be excluded. (f) The additional payment as specified in paragraph (a) hereof shall not apply to an employee receiving pro rata payment in lieu of annual leave on termination of employment with less than twelve months' service in any twelve monthly qualifying period for annual leave except in the case where an employee with more than six months' services with an employer is terminated by the employer, other than for misconduct, or where an employee terminates during the year on account of personal illness, substantiated by a medical certificate or where an employee terminates on the day that the factory closes down for annual leave. (12) An out worker shall be paid for annual leave prescribed by this award which occurs during the period of his employment, such payment to be on a pro rata basis in proportion to the amount his aggregate earnings bear to the annual time rate earnings of an indoor employee doing similar work, payable on termination of employment or annually. Provided that such payment shall not exceed the total amount to which such indoor employees are entitled to annually. (13) The provisions of this clause shall not apply to casual employees. (14) Notwithstanding the provisions of this clause, an employer may depart from the provisions of this clause in accordance with an agreement reached pursuant to Clause 34.—Enterprise Flexibility of this award. 15.—Absence Through Sickness. (1) (a) An employee who is unable to attend or remain at his place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions. (b) Entitlement to payment shall accrue at the rate of one sixth of a week for each completed month of service with the employer. (c) If in the first or successive years of service with the employer an employee is absent on the ground of personal ill health or injury for a period longer than his entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service. (2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that an employee shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service. (3) To be entitled to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of his inability to attend for work, the nature of his illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances shall be given to the employer within twenty four hours of the commencement of the absence. (4) The provisions of this clause do not apply to an employee who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require provided that the em- ployee shall not be required to produce a certificate from a medical practitioner with respect to absences of two days or less unless after two such absences in any year of service the employer requests in writing that the next and subsequent absences in that year if any, shall be accompa- nied by such certificate. Provided that where a female employee is regularly absent because of menstrual disorder it shall be sufficient for the employer to require the production of a medical certificate with respect to such absence no more than once in any twelve months. (5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when he/she is absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecutive days or more and he/she produces a certificate from a registered medical practitioner that he/she was so confined. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time he/she proceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 14—Annual Leave. (e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 14.—Annual Leave shall be deemed to have been paid with respect to the replaced annual leave. (6) Where a business has been transmitted from one employer to another and the employee's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave provisions published in volume 59 of the Western Australian Industrial Gazette at pages 1-6, the paid sick leave standing to the credit of the employee at the date of transmission from service with the transmittor shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause. (7) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the employees' Compensation Act nor to employees whose injury or illness is the result of the employee's own misconduct. (8) The provisions of this clause do not apply to casual employees. (9) An employee employed under any system of payment by results and entitled to sick leave under the provisions of this clause shall be paid at the time-work rate applicable to the classification in which he/she is employed. 16.—Bereavement Leave. An employee shall, on the death within Australia of a wife, husband, father, mother, brother, sister, child or stepchild, be entitled on notice of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary 73 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 481 day's work. Proof of such death shall be furnished by the employee to the satisfaction of the employer if he/she so requests. Provided that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of leave. For the purpose of this clause the words "wife" and "husband" shall not include a wife or husband from whom the employee is legally separated but shall include a person who lives with the employee as a de facto wife or husband. 17.—Long Service Leave. The Long Service Leave provisions published in Vol. 59 of the Western Australian Industrial Gazette, at pages 1 to 6 inclusive are hereby incorporated in and shall be deemed to be part of this award. 18.—Wages. (A) The rates of pay in this Award have been broadbanded as an interim step towards the introduction of a new skills based classification structure. This interim broadbanding arrangement is a measure designed to assist the future effective implementation of skills based classification structures presently under devel- opment. The interim arramgements will provide a basis for employers, unions and employees, to examine and introduce work arrangements which eliminate impediments to multi- skilling and broadbanding the range of tasks which employees may be required to carry out. Subject to the provisions of Clause 26 of this Award, employees of the classifications set out in Clause 18 hereof shall be paid the weekly Award Rates set opposite those classifications hereunder and provided that the Award Rates as then applying shall have the further minimum rates adjustments prescribed hereunder added at the time pre- scribed hereunder. (B) Broadbanded Rates Wage Band Base Rate Supplementary Award Rates Number per week Payment per week per week 1st pay period commencing on or after 15/5/92 299.50 314.30 322.00 326.30 334.00 345.70 358.30 376.30 325.40 342.10 353.40 353.40 364.60 385.50 417.20 458.90 The above Supplementary Payment column includes the following total minimum rates adjustments (MRA) and the difference between the base rate of the Federal Clothing Trades Award 1982 as at 15/5/92 and the result of subtracting the total MRA adjustments from the award rate effective on 15/5/92 in this Award. Wage 1st MRA 2nd MRA 3rd & Final Total MR/ Band per week per week MRA per week per week e* Number (15/5/91) t, (15/11/91) $ (15/5/92) 1A 4> 4.90 7.30 $ 7.40 3 19.60 IB 5.10 7.70 7.90 20.70 2A 5.50 8.30 8.60 22.40 2B 3.80 5.80 5.90 15.50 3A 5.20 7.70 7.90 20.80 3B 8.50 12.80 13.10 34.40 4 12.70 19.10 19.60 51.40 5 19.30 29.00 29.70 78.00 (a) Order Tailoring for Males: The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or work incidental thereto of all male outer garments of any description (including dressing gowns) cut and made to chart measure or cut and made to an individual measure and garments that are fitted on shall be as follows: No. Classification Wage Band No. 1. Cutter, marking in and/or cutting out 5 2. Trimmer marking in and/or cut- ting out linings or trimmings 3B 3. Fitter up and/or shaper 3B 4. Head of a table or bench of machines, in charge of four or more persons $10.00 above ap- propriate machinist rate $10.00 5. Tailor or tailoress employed in making and/or altering coats by hand or by machine and who in the ordinary course of employ- ment is performing similar work to that ordinarily performed by an order tailor 4 6. Coat maker engaged on three of any of the following operations: (a) Canvassing fore-parts by hand; (b) Basting-under and basting- out facings by hand; (c) Inserting pads, basting on under-collars and basting-in sleeves for try-on; (d) Hand felling top collars (e) Basting-in sleeves by hand and working sleeve heads 3B 7. Employees employed making and/or altering by hand or by machine any part of a dress coat, tuxedo, frock coat, dinner jacket, or body coats of all descriptions 3B 8. Coat table hand or coat machinist 2B 9. Trouser table hand or trouser machinist 2A 10. Vest table hand or vest machinist 2A 11. Embosser, embroiderer, comelli employee 2B 12. Presser pressing off and/or under- pressing 3 A 13. Examiner examining for faults in construction 3B 14. All others not herein classified 1A (b) Order Tailoring for Females The weekly wage for every description of work done in connection with order tailoring for females which includes the making and/or altering and/or repairing and/or work incidental thereto of tailored female outer garments cut and made to chart measure or cut and made to an individual measure and garments that are fitted on shall be as follows: No. Classification Wage Cutter, marking in and/or cutting out 5 Trimmer marking in and/or cut- ting out linings or trimmings 3B Fitter up and/or shaper 3B Head of a table or a bench of machines, in charge of four or more persons $10.00 above ap- propriate machinist rate $10.00 482 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 73 W.A.I.G. Classification Classification 19. Tailor or tailoress employed in making coats by hand or by machine and who in the ordinary course of employment is per- forming similar work to that ordinarily performed by an order tailor 4 20. Coat maker engaged on three of any of the following operations: (a) Canvassing fore-parts by hand; (b) Basting-under and basting- out facings by hand; (c) Inserting pads, basting on under-collars and basting-in sleeves for try-on; (d) Hand felling top collars (e) Basting-in sleeves by hand and working sleeve heads 3B 21. Coat table hand or coat machinist 2B 22. Skirt maker and/or machinist 2A 23. Outer leg wear maker and/or machinist 2A 24. Embosser, embroiderer, comelli employee 2B 25. Presser pressing off and/or under- pressing 3A 26. Examiner examining for faults in construction 3B 27. All others not herein classified 1A (c) Ready Made Clothing for Males The provisions contained in this group shall not apply to the making of cardigans, pullovers and knitted swimsuits in establishments of employers wherein the principal business of such employer consists of the knitting of materials and the making of garments so knitted. The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or work incidental thereto of all male outer garments of any description (including dressing gowns) excepting those specified in Groups A and I shall be as follows: No. Classification Wage Cutter, laying up and/or marking in and/or using marker lay and/or cutting out Die cutter in cutting room Trimmer marking in and/or cut- ting out linings or trimmings Fitter up and/or shaper Head of a table or a bench of machines, in charge of four or more persons $7.10 above appro- priate machinist rate Tailor or Tailoress Alteration or repair hand (tailor or tailoress) Alteration hand (other than tailor or tailoress) in retail establish- ment Coat table hand or coat machinist Trouser table hand or trouser machinist Vest table hand or vest machinist Presser pressing off and/or under pressing garments other than the garment which the employee is making Durable crease setters and/or sprayers Seam presser and/or seam opener by machine or by hand Canvas fuser and/or air operated fusing machine operator other than on a Hoffman type press Embosser, embroiderer, comelli employee Proofer Examiners, examining for faults in construction: (i) Tailor or Tailoress (ii) Others Brusher and folder Hand sewer of buttons, hooks eyes, press studs and the like Operator, electronic welding ma- chine Operator of press stud or rivetting machine Transporter operator, i.e. em- ployee operating console All others not herein classified (d) Order Dressmaking The weekly wage for every description of work done in connection with order dressmaking which includes the making and/or altering and/or repair- ing and/or adorning and/or work incidental thereto of all female outer garments of any description (including dressing gowns) cut and made to an individual measure and garments that are fitted on, other than such items of outer wearing apparel as are specified in Group B hereof, shall be as follows: No. Classification Wage Cutter, marking in and/or cutting out Head of a table or a bench of machines in charge of four or more persons $10.00 above ap- propriate machinist rate Table hand or machinist Presser operating Hoffman type press or hand iron more than 3.63kg (8 lbs.) in weight (not counter-balanced Presses pressing off and/or un- derpressing—other Pleater making patterns and pleating by hand or by machine Pleater, rolling in by hand or machine and/or inserting pleat into pattern Embosser, embroiderer, comelli employee Fitter-on trying on to a customer unfinished or finished garments Hand sewers of buttons, hooks, eyes, press studs and the like All others not herein classified $10.00 2B (e) Ready Made Dressmaking and Ready Made Tailoring for Females The provisions contained in this group shall not apply to the making of cardigans, pullovers and knitted swimsuits in establishments of employers wherein the principal business of such employer consists of the knitting of materials and the making of garments so knitted. The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or adorning and/or work incidental thereto of all descriptions of ready made garments or outer wearing apparel for females excepting those specified in Groups B, D and I, which shall include tea, dressing or house gowns, blouses, fronts, collars, collarettes, cuffs and children's garments (other than those included in Group F shall be as follows: No. Classification Wage 63. Cutter, marking in and/or cutting out 64. Die cutter in cutting room 65. Trimmer marking in and cutting out linings and/or trimmings 66. Fitter up and/or shaper 67. Head of a table or a bench of machines, in charge of four or more persons $7.30 above appro- priate machinist rate 68. Tailor or Tailoress 69. Table hand, finisher or machinist including the making garment of fronts, collars collarettes, cuffs or shoulder pads 70. DELETED 71. Embosser, Embroiderer, Comelli employee 72. Alteration hand (other than tailor or tailoress) in retail establish- ment 73. Presser pressing off and/or under- pressing operating Hoffman type press or hand iron more than 3.63 kg (8 lbs.) in weight (not counter- balanced) 74. Presser pressing off and/or under- pressing—other 75. Seam presser and/or seam opener by machine or by hand 76. Durable crease setter and/or sprayer 77. Pleater making patterns and pleating by hand or by machine 78. Pleater, rolling in by hand or by machine and/or inserting pleat into pattern 79. Examiner examining for faults in construction 80. Hand sewer of buttons, hooks, eyes, press studs and the like 81. Operator, electronic welding ma- chine 82. Operator of press stud or riveting machine 83. Transport operator i.e., employee operating console 84. All others not herein classified (f) Underclothing The provisions contained in this group shall not apply to establishments of employers wherein the principal business of such employers consists of the knitting of goods and making of garments from goods so knitted. The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or adorning and/or work incidental thereto of all descriptions of underclothing for females which includes corsets, brassieres, nightgowns, pyjamas, pinafores, and aprons for females, and sunsuits, playsuits, and similar garments for children not exceeding eight years of age shall be as follows: No. Classification Wage 85. Cutter, marking in and/or cutting out 4 86. Die cutter in cutting room 4 87. Head of a table or a bench of machines, in charge of four or more persons $7.10 above appro- priate machinist rate $7.10 88. Machinist 2A 89. Adornment employee 2A 90. Table hand and/or finisher 2A 91. Presser and/or ironer operating Hoffman type press or hand iron more than 3.63kg (8 lbs.) in weight (not counter-balanced) 3A 92. Presser and/or ironer—other 2A 93. Transferor 2 A 94. Examiner examining for faults in construction 2A 95. Hand sewer of buttons, hooks, eyes, press studs and the like 2A 96. Transporter operator i.e., em- ployee operating console 2A 97. All others not herein classified 1A (g) Whitework The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or adorning and/or work incidental thereto of all descriptions of whitework which shall include all descriptions of napery and/or sheets and/or pillow slips and/or pillow shams and/or diapers and/or handkerchiefs and/or towels and/or chenille bedspreads and/or mosquito nets and/or chenille bath mats, ironing board covers and, when made in clothing and whitework factories, toys and/or lamp shades and/or cot covers and/or blankets and/or bed- spreads, shall be as follows: No. Classification Wage Cutter, marking in and/or cutting out Die cutter in cutting room Head of a table or a bench of machines, in charge of four or more persons $7.10 above appro- priate machinist rate Machinist and/or table hand Transferer and/or adornment em- ployee WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 73 W.A.I.G. Classification Classification 103. Presser and/or ironer operating Hoffman type press or hand iron more than 3.63kg (8 lbs.) in weight (not counter-balanced) 3A 104. Presser and/or ironer—other 2A 105. Examiner 2A 106. Dyer and/or bleacher (Chenille) 3A 107. Vat attendant (Chenille) 2A 108. Divider of material 2A 109. All others not herein classified 1A (h) Collars, Shirts, Ties, Scarves and Pyjamas The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or adorning and/or work incidental thereto of collars, ties, scarves, cuffs, shirts, shirt fronts, pyjamas for males, singlets or underpants (except knitted goods,) shall be as follows: No. Classification Wage 110. Cutter, marking in and/or cutting out 4 111. Die cutter in cutting room 4 112. Head of a table or a bench of machines, in charge of four or more persons $7.10 above appro- priate machinist rate $7.10 113. Machinist and/or table hand and/ or adornment employee 2A 114. Presser and/or ironer operating Hoffman type press or hand iron more than 3.63kg (8 lbs.) in weight (not counter-balanced) 3A 115. Presser and/or ironer—other 2A 116. Fuser 2A 117. Examiner examining for faults in construction 2A 118. Transporter operator i.e., em- ployee operating console 2A 119. All others not herein classified 1A (i) Industrial Clothing The weekly wage for every description of work done in the making and/or work incidental thereto of industrial clothing for males and females which includes industrial uniforms overalls (excluding what are known in the trade as shaped garments) boOer suits, dust coats and industriad shorts, made from materials other than woollen or worsted shall be as follows: No. Classification Wage Cutter, marking in and/or cutting out Die cutter in cutting room Head of a table or a bench of machines, in charge of four or more persons $7.10 above appro- priate machinist rate Machinist and/or table hand Presser and/or ironer operating Hofftnan type press or hand iron more than 3.63kg (8 lbs.) in weight (not counter-balanced) Presser and/or ironer—other Examiner 127. Operator, electronic welding ma- chine IB 128. Operator of press stud or riveting machine IB 129. Transporter operator i.e., em- ployee operating console 2A 130. All others not herein classified 1A (j) Headwear The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or adorning and/or work incidental thereto of any kinds of hats, caps, bonnets, helmets, berets, or any other kind of headwear (except such hats as are made under the provision of the Felt Hatting Award 1977) shall be as follows: No. Classification Wage 131. Cutter other than milliner 4 132. Head of a table or a bench of machines, in charge of four or more persons $7.10 above appro- priate machinist rate $7.10 133. Hand blocker 4 134. Machine blocker 3A 135. Helmet maker 2B 136. Cap maker 2B 137. Machinist and/or table hand 2A 138. Model milliner designing origi- nal models 3A 139. Milliner 2A 140. Presser and/or ironer operating Hoffman type press or hand iron more than 3.63kg (8 lbs.) in weight (not counter-balanced) 3A 141. Presser and/or ironer—other 2A 142. Operator, electronic welding ma- chine IB 143. All others not herein classified 1A (k) Umbrellas The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or work incidental thereto of any description of umbrellas, or parasols or the like shall be as follows: No. Classification Wage Gore cutter, marking in and/or cutting out Machinist Examiner Hand ironer Frame maker Umbrella assembler, including rib assembling, band fixing, top- ping, clipping in rolling, stud- ding, pulling up and fitting han- dles, angle joints, runners, notches, bells and spikes All others not herein classified (1) Fur Trade The weekly wage for every description of work done in connection with the making and/or altering and/or remodelling and/or repairing and/ or work incidental thereto of all types of garments or articles such as coats, jackets, capes, headwear, scarves, collars, cuffs, neckwear, muffs, rugs, mats and toys made in the establishment of a furrier from furred and/or haired and/or wooled skins shall be as follows: No. Classification Wage 151. Cutter marking in and/or cutting out 5 152. Head of a table or a bench of machines, in charge of four or more persons $7.10 above appro- priate machinist rate $7.10 153. Nailer 3A 154. Fur machinist 3A 155. Machinist (other than on fur machine) and/or table hand 2B 156. All others not herein classified 1A (m) Artificial Flowers and Brushed Silk Emblems The weekly wage for every description of work done in connection with the making and/or work incidental thereto of all types of artificial flowers and brushed silk emblems shall be as follows: No. Classification Wage 157. Cutter and/or stamper 3A 158. Dyer 3 A 159. Shaper of petals by hand, with aid of curling iron and/or bowler and assembling the petals so shaped 2B 160. Employee assembling and/or making and/or tying and/or pressing artificial flowers 2B 161. Tiers and/or cutters and/or brush- ers of emblems 2B 162. All others not herein classified 1A (C) Broadbanding Adjustment (1) Any overaward payment applicable at the date of the order of the