WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Federated Miscellaneous Workers' Union of Australia, W.A. Branch and The Commissioner for Public Health. No. 1436 of 1992. Health Workers—Community and Child Health Services Award, 1980 No. R 21 of 1979. COMMISSIONER J.A. NEGUS. 28 May 1993. Order. HAVING heard Ms K. Digwood and Ms S. Jackson on behalf of the Applicant and Ms V. Zupanovich on behalf of the Respondent, and by consent, the Commission, being satisfied that the claim complies with the terms of the General Order of the Commission No. 1752 of 1991 dated 31 January 1992, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— That the Health Workers—Community and Child Health Services Award, 1980 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 27th day of May 1993. (Sgd.) J.A. NEGUS, [L.S.] Commissioner. Schedule. 1. Clause 2.—^Arrangement: Delete this clause and insert in lieu the following: 2.—Arrangement. 1. Title 1A. State Wage Principles 2. Arrangement 3. Area and Scope 4. Term 5. Definitions 6. Hours 7. Overtime 8. Annual Leave 9. Public Holidays 10. Long Service Leave 11. Sick Leave 12. Conditions and Allowances 13. Contract of Service 14. Higher Duties Allowance 15. Disputes Settlement Procedure 16. Uniforms 17. Casual Employees 18. Part-Time Employees 19. Wages Appendix I—Liberty to Apply Schedule of Respondents Memorandum of Agreement 2. Clause 12.—Compassionate Leave: Delete this clause and insert in lieu the following: 12.—Conditions and Allowances. The provisions of the Miscellaneous Government Conditions and Allowances Award No. A 4 of 1992 shall apply mutatis mutandis to all employees covered by this award. 3. Clause 13.—Contract of Service: Immediately follow- ing subclause (4) add the following new subclause: (5) An employer may direct an employee to carry out such duties as are within the limits of the employees skill, competence and training, includ- ing work which is incidental or peripheral to the employee's main tasks or functions. 4. Clause 14.—Payment of Wages: Delete this clause and insert in lieu the following: 14.—Higher Duties Allowances. (1) An employee who is instructed to temporarily perform duties which carry a higher minimum rate than that which such employee usually performs shall be entitled to the higher minimum rate while so employed. (2) Where such employee is engaged in the higher grade of work for more than two hours on any day or shift, the employee shall be paid the higher rate for the whole day or shift. (3) Notwithstanding the provisions of this clause payment for higher duties shall not apply to an employee required to act in another position whilst the permanent employee is on a single Accrued Day Off as prescribed by subclause (2) of Clause 6.—Hours of this award. 1562 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 73 W.A.I.G. 5. Clause 15.—Right of Entry: Delete this clause and insert in lieu the following: 15.—Dispute Settlement Procedure. (1) PREAMBLE Subject to the provisions of the Industrial Relations Act 1979 (as amended) any grievance, complaint or dispute, or any matter raised by the Union or a respondent employer and his/her employees, shall be settled in accordance with the procedures set out herein. The parties agree that no bans, stoppages or limitations will be imposed prior to, or during the time this procedure is being followed. (2) PROCEDURE Where the matter is raised by an employee, or a group of employees, the following steps shall be observed: (a) The employee(s) concerned shall discuss the matter with the immediate supervisor. If the matter cannot be resolved at this level the supervisor shall, within 48 hours, refer the matter to a more senior officer nominated by the employer and the employee(s) shall be advised accordingly. (b) The senior officer shall, if able, answer the matter raised within five days of it being referred and if the senior officer is not so able, refer the matter to the employer for his/her attention, and the employee(s) shall be advised accordingly. (c) (i) If the matter has been referred in accordance with subparagraph (b) above the employee(s) or the shop steward shall notify the Union Secretary (W.A. Branch) or nominee, to enable the opportunity of discussing the matter with the employer. (ii) The employer shall, as soon as practica- ble after considering the matter before it, advise the employee(s) or, where necessary the Union of its decision. Provided that such advice shall be given within 21 days of the matter being referred to the employer. (d) Should the matter remain in dispute after the above processes have been exhausted either party may refer the matter to the