Benchmark WA Industrial Relations Case Database

SION. CHIEF COMMISSIONER W.S. COLEMAN. COMMISSIONER J.A. NEGUS. COMMISSIONER C.B. PARKS. 25 June 1993. Order. HAVING heard Mr M. O'Sullivan and Ms J.G. Bamesby and with them Mr R. Dhue on behalf of the v Mr P.G. Brunner and later Ms C. Brown and Ms R.D. Dight on behalf of the

(1993) 73 WAIG Single Commissioner (WAIRC) 1993-06-25 File: No. 14 of 1972
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APPLICANT: SION. CHIEF COMMISSIONER W.S. COLEMAN. COMMISSIONER J.A. NEGUS. COMMISSIONER C.B. PARKS. 25 June 1993. Order. HAVING heard Mr M. O'Sullivan and Ms J.G. Bamesby and with them Mr R. Dhue on behalf of the
RESPONDENT: Mr P.G. Brunner and later Ms C. Brown and Ms R.D. Dight on behalf of the
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Concept tags · 2

[S]Wages — payment obligations [S]Overtime and penalty rates
Archived text (2774 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Federated Clerks' Union of Australia Industrial Union of Workers, W.A. Branch and HPC Pty Ltd and Others No. 1583C of 1989(R2). Clerks (Commercial, Social and Professional Services) Award No. 14 of 1972. COMMISSION IN COURT SESSION. CHIEF COMMISSIONER W.S. COLEMAN. COMMISSIONER J.A. NEGUS. COMMISSIONER C.B. PARKS. 25 June 1993. Order. HAVING heard Mr M. O'Sullivan and Ms J.G. Bamesby and with them Mr R. Dhue on behalf of the Applicant and Mr P.G. Brunner and later Ms C. Brown and Ms R.D. Dight on behalf of the Respondents and Mr D.M. Jones on behalf of the Chamber of Commerce and Industry of Western Australia and Mr A. Cooke on behalf of the Trades and Labor Council of Western Australia and Ms D. Byrnes on behalf of the Australian Mines and Metals Association, the Commission in Court Session, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— That the Clerks (Commercial, Social and Profes- sional Services) Award be varied in accordance with the following Schedule and that such variation shall WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 73 W.A.I.G. have effect on and from the first pay period commenc- ing on or after the 1st day of June, 1993. BY THE COMMISSION IN COURT SESSION. (Sgd.) W.S. COLEMAN, ..S.l Chief Commissioner. -Skill De- Schedule. 1. Clause 2.—Arrangement: A: Insert after the number and title 11.—Rates of Pay the following title— 11 A.—Classification Structure—Skill Descriptors B: Rename Schedule—Named Union Party as follows— Schedule "C"—Named Union Party. 2. Clause 8.—Overtime: Delete the words "senior clerk" from subclause (5) of this Clause and insert in lieu "Clerical Officer Grade 3 Year 1". 3. Clause 11.—Rates of Pay: Delete this clause and insert in lieu thereof— 11.—Rates of Pay. (1) The following shall be the minimum rates of wages per week payable to employees covered by this award who, for the purposes of this clause, shall be graded pursuant to the provisions of Clause 11 A.—Classification Structure—Skill De- scriptors of this award. (2) Base Rate (per week): (a) Adult Employees $ Grade 1 Grade 1 1st year of experience at this grade 314.10 2nd year of experience at this grade 326.10 3rd year of such experience and thereafter 336.30 Grade 2 1st year of experience at this grade 345.50 2nd year of experience at this grade 349.10 3rd year of such experience and thereafter 354.20 Grade 3 1st year of experience at this grade 360.80 2nd year of such experience and thereafter 365.20 (b) Junior Employees Base Rate (per week) expressed as a percent- age of the base rate prescribed for the relevant year of experience at the Grade in paragraph (2) hereof appropriate to the work performed by the junior employee— % At 15 years of age 40 At 16 years of age 50 At 17 years of age 60 At 18 years of age 70 At 19 years of age 80 At 20 years of age 90 (3) Supplementary Payments (per week): (a) Adult Employees In addition to the Base Rate payable pursuant to the provisions of subclause (2) of this clause, an adult employee employed in a grade listed hereunder, shall be paid per week the supplementary payment prescribed in this paragraph. 314.10 326.10 336.30 345.50 349.10 Grade 1 $ 1st year of experience at this grade 44.70 2nd year of experience at this grade 46.50 3rd year of such experience and thereafter 47.90 Grade 2 1st year of experience at this grade 49.20 2nd year of experience at this grade 49.70 3rd year of such experience and thereafter 50.50 Grade 3 1st year of experience at this grade 51.40 2nd year of such experience and thereafter 52.00 (b) Junior Employees A junior employee shall be paid per week a percentage of the supplementary payment prescribed for the relevant year of experience at the Grade appropriate to the work per- formed by the junior employee, being the percentage applicable to the age of the junior employee according to the percentage scale prescribed in subclause (2), of this clause. (c) The amount payable to any employee pursu- ant to the provisions of this subclause— (i) shall be for all purposes of this award; (ii) shall be reduced by the amount of any payment being made to that employee in addition to the said rates otherwise than pursuant to the provisions of this clause, whether or not such payment is being made by virtue of any order, industrial agreement or other agreement or arrangement. (d) The rate prescribed in this award for any grade of employee is not amended by this subclause and shall not, for the purpose of any other award, order, industrial agreement or other agreement, be deemed to have been so amended. (4) Implementation An employer shall grade clerical employees according to this clause and the provisions of Clause 11 A.—Classification Structure—Skill De- scriptors of this award no later than 19th Septem- ber, 1993 and, if such grading entitles an employee to an increased weekly wage in accor- dance with this clause, such increase (i.e. being the amount due under this clause in excess of the actual rate which was paid immediately prior to the pay period commencing on or after 1st June, 1993) shall be implemented and paid in the following manner— (a) where the increase to an employee is 3% or less, such increase is to be paid from the beginning of the first pay period commenc- ing on or after the 1st day of June, 1993; (b) where the increase to an employee is more than 3%, but 6% or less, half the increase shall be paid from the beginning of the first pay period commencing on or after the 1st day of June, 1993 and the total increase shall be paid from the beginning of the first pay period commencing on or after the 1st day of September, 1993; (c) where the increase to an employee is more than 6%, but 9% or less, one third of the increase shall the paid from the beginning of the first pay period commencing on or after the 1st day of June, 1993, two thirds of the increase shall be paid from the beginning of 73 W.A.I.G. the first pay period commencing on or after the 1st day of September, 1993, and the total increase shall be paid from the beginning of the first pay period commencing on or after the 1st day of December, 1993; (d) where the increase due to an employee is greater than 9%, one quarter of the increase shall be paid from the beginning of the first pay period commencing on or after the 1st day of June, 1993, half the increase shall be paid from the beginning of the first pay period commencing on or after the 1 st day of September, 1993, three quarters of the in- crease shall be paid from the beginning of the first pay period commencing on or after the 1st day of December, 1993 and the total increase shall be paid from the beginning of the first pay period commencing on or after the 1st day of March, 1994. 4. Clause 11.—Rates of Pay: After this clause and insert a new clause as follows— 11A.—Classification Structure—Skill Descriptors. This Classification Structure encompasses three grades. Employees shall be allocated a particular classification grade when the principal function of their employment, as determined by the employer, requires the exercise of any one or more of the skill levels set out in the Grade descriptors. Any dispute as to the proper classification to be allocated to an employee shall be referred for determination by a Board of Reference established pursuant to S.48 of the Industrial Relations Act 1979. This classification structure will not be used to assess the award wage rate of any person who is a proprietor, director, or manager of a company, business or undertaking, or a person to whom has been delegated the right to engage and terminate the employment of other employees. Grade 1—Clerical Assistant. Employees in this grade perform and are accountable for clerical and office tasks as directed within the skill levels set out. They work within established routines, methods and procedures. Supervision is routine or direct dependent on the level of work experience of the employee. 1. TECHNICAL SKILLS (i) MACHINE OPERATION—Skill Level 1 Operate telephone/intercom systems (eg Commander type), telephone answering ma- chines, facsimile machines, photocopiers, franking machines, guillotines, calculator and adding machines, paging system, type- writer and telex machines. (ii) COMPUTER—Skill Level 1 Use knowledge of keyboard and basic menu- driven options and function keys to enter, retrieve and print data; use printer. Use of safe and correct opening and closing down procedures. 2. INFORMATION HANDLING—Skill Level 1 Receive, sort, open, distribute incoming mail, process outgoing mail, receive incoming and despatch outgoing courier mail, deliver messages and documents to appropriate persons/locations; Work with established filing/records system in accordance with set procedures including creating and indexing new files, distributing files/publica- tions within the organisation as requested; moni- toring file locations. Prepare and collate documents, take telephone messages; Transcribe information into records, sort and file documents/records accurately in correct loca- tions/sequence using an established filing system. 3. ENTERPRISE/INDUSTRY KNOWLEDGE— Skill Level 1 Acquire and apply a limited knowledge of office procedures and requirements. Relay internal information. 4. BUSINESS/FINANCIAL SKILLS—Level 1 Sort, process and record original source finan- cial documents (e.g. invoices, cheques, correspon- dence) on a daily basis. Grade 2—Clerical Assistant. Employees in this grade perform clerical and office tasks using a more extensive range of skills and knowledge at a level higher than required in Grade 1. They are responsible and accountable for their own work which is performed within established routines, methods and procedures. Supervision is general. 1. TECHNICAL SKILLS (i) MACHINE OPERATION—Skill Level 2 Operate switchboard (PABX system) (ii) KEYBOARD TYPING—Skill Level 1 Produce documents using standard formats at 25 wpm with 98% accuracy. (iii) COMPUTER—Skill Level 2 Manipulate previously created data bases, spreadsheets/worksheets; calculate alpha-nu- merical and related information to perform routine tasks and generate simple reports. (iv) WORD PROCESSING—Skill Level 1 Produce simple and routine documents using keyboard skills within designated timefra- mes. 2. INFORMATION HANDLING—Skill Level 2 Maintain mail register and records; Use and maintain established filing/records systems in accordance with set procedures includ- ing creating and indexing new files, distributing files within the organisation as requested, moni- toring file locations; 3. ENTERPRISE/INDUSTRY KNOWLEDGE— Skill Level 2 Acquire and apply a working knowledge of office or sectional operating procedures and requirements. Interpret and action information supplied. Acquire and apply a working knowledge of the organisation's structure and personnel in order to deal with inquiries at first instance, locate appro- priate staff in different sections, relay internal information, respond to or direct inquiries, greet visitors. 4. BUSINESS/FINANCIAL SKILLS—Level 2 Assist in the maintenance of financial records and journals, including checks and authorisation. Maintain and record petty cash, prepare bank deposits and withdrawals banking; Check time and wage records. Grade 3—Clerical Officer Employees in this grade perform clerical and office tasks using a more extensive range of skills and knowledge at a level higher than required in Grade 2. They are responsible and accountable for their own work, which is performed within established guide- lines, they exercise limited discretion within the range of their skill and knowledge. Supervision is limited. Employees holding a Certificate of Office and Secretarial Studies (TAPE) or accredited equivalent who are required to exercise any one or more of the skill levels described in this grade shall be classified Grade 3 or above. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 73 W.A.I.G. (1) TECHNICAL SKILLS (i) MACHINE OPERATION—Skill Level 3 Operate computerised radio telephone equip- ment dictaphone equipment or other equip- ment of equal complexity. (ii) COMPUTER—Skill Level 3 Use one or more software application pack- age(s) to operate and populate a database, spreadsheet/ worksheet to achieve a desired result; graph previously prepared spread- sheet; use simple menu utilities. Following standard procedures to template for the preceding functions using existing models/fields of information. Create, maintain and generate simple reports. (iii) KEYBOARD TYPING—Skill Level 2 Accurately produce documents and corre- spondence using knowledge of standard formats, touch type, audio type within estab- lished procedures. Copy type at 40 wpm with 98% accuracy. (iv) WORD PROCESSING—Skill Level 2 Use one or more software packages to create format, edit, proof read, spell check, print and save text documents, e.g. standard correspon- dence and business documents. Apply additional functions such as search and replace, variable fonts, moving and merging across documents and simple maths. (2) INFORMATION HANDLING—Skill Level 3 Oversee record management systems including review and analysis. (3) ENTERPRISE/INDUSTRY KNOWLEDGE— Skill Level 3 Apply a working knowledge of the organisa- tion's products/services, functions, locations and clients. Respond to and act upon most internal/external inquiries in own function area. (4) BUSINESS/FINANCIAL SKILLS—Level 3 Maintain financial records and journals, main- tain payroll records; prepare accounts payable for payment. (5) SECRETARIAL—Skill Level 1 Take shorthand notes at 80 wpm and transcribe with 98% accuracy. Arrange travel bookings and itineraries, make appointments. SUPERVISION Employees are subject to five defined levels of supervision which can be generally categorised as follows: DIRECT The employee receives detailed instructions on work to be performed and is subject to frequent personal progress checks. ROUTINE The employee receives broad instructions on work to be performed except when new or unusual features require more specific instructions. Work in progress is checked intermittently while all work is checked on completion. GENERAL The employee receives specific instructions only when new procedures or tasks are involved. Work is checked on completion. LIMITED The employee is subject to work checks which are generally confined to establishing that satis- factory progress is being made. Work is reviewed on completion. MINIMAL The employee is subject to final review/report back on work and may receive assistance with specific problems. NB: Supervision is not a criteria for determining classification levels but should be used as a guide in determining the overall level of responsibility and automony expected of the principal functions of the job. TRAINING Employees may be required to assist with the training and induction of other employees by demon- stration of skills required in their own grade and/or by informal personal instruction and demonstration of the skills required in grades below their own. 5. Clause 12.—Annual Leave: Delete the words "Senior Clerk'' from subclause (2)(c) of this Clause and insert in lieu "Clerical Officer Grade 3 Year 1". 6. Clause 16.—Record: Delete the figure "25" from subclause (l)(b) and insert in lieu "21". 7. Clause 19.—Mixed Functions: Delete the words "who is engaged on a higher class of work carrying a higher minimum rate of pay" and insert "whose princpal function as determined by the employer requires the exercise of any one or more of the skill levels set out in a higher grade". 8. Clause 21.—Certificate of Age: Delete this clause and insert in lieu thereof— 21.—Certificate of Age. Upon engagement an employee under twenty-one years of age shall, if requested, furnish the employer with a certificate showing the following particulars— (a) name in full; (b) date of birth; (c) name of each previous employer; (d) class of work performed for each previous employer. No employee shall have any claim upon an employer for additional wages on the event of any of the above particulars being wrongly stated on the certificate. If any employee shall wilfully mis-state his/her age in the certificate then he/she alone shall be guilty of a breach of this award. 9. Clause 25.—Casual Employees: Delete subclause (2)(a) of this clause and insert in lieu the following: (2) (a) A casual clerk may be employed at an hourly rate for a lesser period than four weeks and shall be paid while so employed, twenty-five percent in addition to the Base Rate and Supplementary Payment prescribed by this award with a minimum engagement of four hours: Provided that, notwithstanding any- thing contained in this subclause, the basis and terms of employment of a casual clerk may be varied by agreement in writing between the employer and the Union. 10. Clause 26.—Part-time Employees: A. Insert after subclause (2) the following new subclause— (3) Progression through the incremental levels of the appropriate grade in subclause (2), of Clause 11.—Rates of Pay of this award, shall be strictly related proportionately in accor- dance with the number of hours worked, to the conditions prescribed in each establish- ment for full-time employees. B. Renumber the existing subclauses (3) and (4) to (4) and (5) respectively. 11. Schedule— Named Union Party—Rename this schedule as follows— Schedule "C"—Named Union Party. 73 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1783