WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Federated Miscellaneous Workers' Union of Australia, W.A. Branch and Activ Foundation Inc. No. 1439 of 1991. COMMISSIONER J.A. NEGUS. 12 May 1992. Order. HAVING heard Ms S. Mayman on behalf of the Applicant and Mr L. Burns on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— That the Social Trainers and Assistant Supervisors' (Activ Foundation) Award 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 13th day of December 1991. (Sgd.) J.A. NEGUS, [L.S.] Commissioner. Schedule. 1. Clause 2. — Arrangement: A. Delete the existing number and title 2A. — State Wage Principles — September 1989. B. Insert the following new number and title immediately after number and title 38. — Continuity of Entitlements: 38.Consultation and Enterprise Bargaining 2. Clause 2A. — State Wage Principles—September 1989: Delete the existing clause. 3. Clause 4. — Contract of Service: Add the following new subclause to this clause: (5) (a) An employer may direct an employee to carry out such duties as are within the limits of the employee's skill competence and training consis- tent with the classification level for which the employee is employed pursuant to Clause 32.— Wages of this award provided that such duties are not designed to promote de-skilling. (b) An employer may direct, pursuant to paragraph (a) of this subclause, an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment. (c) Any direction issued by and employer pursuant to paragraphs (A) and (b) of this subclause shall be consistent with the responsibility of the employer to provide a safe and healthy working environ- ment in accordance with the provisions of the Occupational Health, Safety and Welfare Act 1987 and Regulations. 4. Clause 7. —Hours of Duty: Delete the existing paragraph (d) of subclause (1) and insert in lieu thereof the following: (d) For the purposes of paragraph (c) the Accrued Days Off shall be taken in a minimum period of one week made up of five consecutive Accrued Days Off in conjunction with a period of annual leave or at a time mutually acceptable to the employer and the employee; or A maximum of seven accrued days off each year may be rostered and allowed to be taken as single day absences subject to the provisions that apply to normal roster changes as prescribed by this award. Wherever practicable, the employer shall ensure that an employee receives a minimum of seven days notice of such roster change and where possible such change shall be by agreement between the employer and the employee. Nothwithstanding the provisions of paragraph (c) and (d) of this subclause: — where an employer and employee mutually agree Accrued Days Off may be taken in single day absences; — at the request of an employee an employer may agree to an Accrued Day Off being taken in a period of less than one day provided that the period of time off work shall be taken from the commencement of the employee's normal rostered shift or up to the conclusion of the employee's normal rostered shift. This provision does not prevent an employee from making application to utilise an accrued day off as a single day's absence. 5. Clause 32. —Wages: Delete this clause and insert in lieu thereof the following: 32. — Wages. The minimum weekly rate of wage payable to employees covered by this award shall be as set out hereunder: Rate Per Rate Per Annum Fortnight $ $ (1) Trainee Social Trainer Under 21 years— 1st Year Level 1, appropriate to age 2nd Year Next additional increment 3rd Year Next additional increment Level One 18 years of age 19 years of age 20 years of age Over 21 years— 1st Year Level 1, 1st year of adult service 2nd Year Level 1, 2nd year of adult service 20,938 804.46 3rd Year Level 1, 3rd year of adult service (2) Social Trainer On appointment Level 1, 4th year of adult service 2nd year Level 1, 5th year of adult service 22,932 879.18 3rd year Level 1, 6th year of adult service 23,583 904.14 4th year Level 1, 7th year of adult service 24,332 932.86 5th year Level 1, 8th year of adult service 24,850 952.72 6th year Level 1, 9th year of adult service 25,616 982.08 545.87 631.86 709.53 14,238 16,481 18,507 779.46 20,938 804.46 22,281 854.22 Rate Per Rate Per Annum Fortnight $ $ (3) Senior Social Trainer 1st year Level 2, 1st year of adult service 2nd year Level 2, 2nd year of adult service 3rd year Level 2, 3rd year of adult service 4th year Level 2, 4th year of adult service 5th year Level 2, 5th year of adult service (4) Community Access Co- ordinator/Assistant Super- visor 1st year 22,946 879.71 2nd year 23,597 904.66 3rd year 24,346 933.39 4th year 24,864 953.27 5th year 25,629 982.59 6. Clause 38. — Continuity of Entitlements: Immediately following this clause insert the following new title and clause: 39. —Consultation and Enterprise Bargaining. (1) The parties to this award are committed to co- operating positively to increase the efficiency, effectiveness and productivity of Activ Foundation and to enhance the career opportunities and job security of employees. (2) At each plant or enterprise, the employer, the employees and their relevant union or unions may establish a consultative mechanism and procedures appropriate to the size, structure and needs of that plant or enterprise. Measures raised by the employer, employees or union for considera- tion consistent with the objectives of subclause (1) herein shall be processed through that consultative mechanism and procedures so long as measures raised and agreements are consistent with State and National Wage fixation guidelines. (3) Any agreement to vary the award shall be processed in accordance with the Industrial Relations Act 1979, the State Wage Decision, 1992, and shall be subject to approval by the