WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Civil Service Association of Western Australia Incorporated and Joint House Committee of the Parliament of Western Australia. No. 343 of 1991. Electorate Officers Award 1986 No. A 18 of 1986. COMMISSIONER G.L. FIELDING. 22 May 1992. Order, HAVING heard Mrs K. Franz on behalf of the Applicant and Miss L. Field on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders — (1) That the Electorate Officers Award 1986 be varied in accordance with the following Schedule and that such variation shall have effect on and from the 18th day of May, 1992. (2) That the application otherwise be adjourned sine die. (Sgd.) G.L. FIELDING. IL.S.l Commissioner. Schedule. 1. Clause 2. — Arrangement: Delete this clause and insert the following in lieu thereof— 2. — Arrangement. 1. Title 1A. State Wage Principles 2. Arrangement 3. Area 4. Scope 5. Definitions 6. Salary Range 7. Payment of Salaries 8. Permanent Part-Time Employment 9. Hours of Attendance 10. Leave of Absence 11. Continuity of Service 12. Allowances 13. Time and Salaries Record 14. Deduction of Association Subscriptions 15. Preservation and Non-Reduction 16. Term of Award 17. Wage Fixing Principles 18. Establishment of Consultative Mechanisms 19. Award Modernisation 20. Relief Arrangements Schedule of Respondents 2. Clause 5. —Definitions: After the last definition insert the following definition as follows — "Permanent Part-Time Employment"— Permanent part-time employment shall mean regular and continu- ing employment for a minimum of 15 hours and a maximum of 30 hours per week, unless otherwise agreed between the employer and the Association. 3. Clause 8. —Part-Time Employee: Delete this clause and insert in lieu thereof the following — 8.— Permanent Part-time Employment. (1) (a) Each permanent part-time arrangement shall be confirmed by the employer in writing and should include the following specifica- tions — (i) the agreed period of the arrangement; and (ii) the hours to be worked daily and weekly by the employee, including starting and finishing times, which shall hereinafter be referred to as "ordinary working hours". (b) The employer shall give an employee one month's notice of any proposed variation to that employee's ordinary working hours, provided that the employer shall not vary the employee's total weekly hours of duty without the employee's prior written consent, a copy of which shall be forwarded to the Association. (c) Notwithstanding paragraph (b) of this sub- clause whenever agreement in writing is reached for a temporary variation to an employee's ordinary working hours — (i) Time worked up to Vh hours on any day is not to be regarded as overtime but an extension of the contract hours for that day and should be paid at the normal rate of pay. (ii) Additional days worked, up to a total of five days per week, are also regarded as an extension of the contract and should be paid at the normal rate of pay. (2) (a) An employee who is employed on a part-time basis shall be paid a proportion of the appropriate full-time salary dependent upon time worked. The salary shall be calculated in accordance with the following formula — Hours Worked x Full-Time Per Fortnight Fortnightly Salary (b) An employee shall be entitled to annual increments as prescribed in Clause 6.— Salary Range, of this Award. (3) Employees are entitled to the holidays referred to in paragraph (i) of Clause 10. — Leave of Absence, of this Award, without variation of the employee's fortnightly salary provided the holidays occur on a day which is normally worked. (4) (a) An employee shall be granted leave in accordance with paragraph (a) of Clause 10.— Leave of Absence, of this Award. Payment to an employee proceeding on annual leave shall be calculated having regard for any variations to the employee's ordinary working hours during the accrual period. Payment in such instances shall be calculated as follows — (i) Where accrued annual leave only is being taken, the ordinary hours worked by the employee over the accrual period shall be averaged to achieve the average hours worked per fortnight. This aver- age is then applied to the following formula to achieve an average fort- nightly rate of pay — average fortnightly hours worked appropriate fortnightly salary WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 72 W.A.I.G. (ii) Subject to paragraph (iv) of this sub- clause, annual leave taken entirely in advance shall be paid according to the salary the employee would have re- ceived had the employee not proceeded on leave. (iii) Subject to paragraph (iv) of this sub- clause, annual leave which combines both accrued and leave taken in ad- vance, shall be calculated as follows — • the accrued portion of leave shall be paid at the rate achieved by averaging the hours worked during the accrual period; and • the portion of leave which is being taken in advance shall be paid accord- ing to the salary the employee would have received had the employee not proceeded on leave. (iv) Payment for annual leave taken in advance pursuant to paragraphs (ii) and (iii) of this subclause, shall be subject to financial reconciliation either at the end of the calendar year or when the employee ceases employment to take account of any variations in the hours worked by the employee subsequent to the employee proceeding on annual leave. This may require further payment by the employer to the employee, or repayment by the employee to the employer. In all instances the reconcili- ation should be based on the appropriate fortnightly salary at the time the leave was taken. An employee taking annual leave in advance shall be advised of the require- ments of this section prior to the employee proceeding on such leave. (b) Part-time employees are entitled to travel concessions pursuant to paragraph (n) of Clause 10. —Leave of Absence on a pro rata basis according to the usual number of hours worked per week. Travelling time shall be calculated on a pro rata basis according to the number of hours normally worked. (5) Sick leave credits provided in paragraph (c) of Clause 10. —Leave of Absence shall accrue to the employee provided that where an employee is employed for less than 75 hours per fortnight, the credits shall be pro rated according to the number of hours worked each fortnight. Payment made for sick leave granted in respect of part-time service shall be calculated in accordance with the formula set out in paragraph (a) of subclause (2) of this clause. (6) An employee shall proceed on long service leave for 13 weeks after seven years' permanent part-time employment. Payment made for long service leave granted to an employee in respect of such part-time service shall be adjusted according to the hours worked by the employee during that part-time service, subject to the following— (a) If an employee consistently worked on a part-time basis for a regular number of hours during the whole of the employee's qualify- ing service, the employee shall continue to be paid the salary determined on that basis during the long service leave. (b) If an employee has worked a varying number of weekly hours during the period of qualify- ing service, the payment for long service leave granted in respect of part-time service should be calculated on a salary which bears to the full-time salary of the position occu- pied by the employee when taking leave the same proportion that the hours worked when employed part-time bears to the normal weekly hours of a full-time employee. (7) Subject to Clause 10. —Leave of Absence, of this Award, part-time employees shall receive the same entitlement to trade union training leave and military leave as full-time employees, but pay- ment shall only be made for those hours that would normally have been worked but for the leave. (8) Subject to Clause 10. —Leave of Absence, of this Award, part-time employees are eligible for short leave on a pro rata basis calculated in accordance with the following formula — Hours Worked Per Fortnight x 22.5 Hours (9) Subject to Clause 10. — Leave of Absence, of this Award, part-time employees are entitled to study leave on the same basis as full-time employees. (10) The number or proportion of part-time employees employed by the Joint House Committee shall not exceed any number or proportion that may be agreed in writing between the Civil Service Association and the employer. 4. Clause 9. —Hours of Attendance: Delete this clause and insert in lieu thereof the following — 9. —Hours of Attendance. (1) The normal time of attendance for Electorate Officers shall be 75 hours per fortnight and shall be worked between the hours of 8.00 a.m. to 6.00 p.m. on Monday to Friday inclusive. Notwithstanding this, the Member of Parlia- ment with whom the Electorate Officer works may vary the hours prescribed provided that, where possible, prior notice of such variation of hours should be given and agreement reached between the Member of Parliament and Electorate Officer. (2) A lunch break of not less than 30 minutes and not greater than two hours shall be allowed between the hours of 12 noon and 2.00 p.m. (3) An employee shall not be required to continue working for more than five hours without a meal break. 5. Clause 10. —Leave of Absence: Delete this clause and insert in lieu thereof the following— 10. — Leave of Absence. Electorate Officers covered by the provisions of this Award shall be entitled mutatis mutandis to the same conditions relating to — (a) Annual leave; (b) Long service leave; (c) Sick leave; (d) Short leave; (e) Leave without pay; (f) Study leave; (g) Military leave; (h) Maternity leave; (i) Public service holidays; (j) Witness and jury service; (k) Candidates for election to Parliament; (1) Leave for international sporting events; (m) Trade union training leave; and (n) Annual leave travel concessions as permanent employees employed under the provi- sions of the Public Service Act 1978. 6. Clause 12.— Allowances: Delete this clause and insert the following in lieu thereof— 12. —Allowances. Subject to the provisions of this Award the Public Service General Conditions of Service and Allowances Award and any amendments thereto, or replacements thereof, shall apply and be deemed to have been made 72 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1333 between the parties to this Award and shall apply mutatis mutandis. 7. Clause 19. —Award Modernisation: After this clause insert a new clause as follows — 20.— Relief Arrangements. Where an Electorate Officer is absent from duty on approved leave, in accordance with Clause 10. —Leave of Absence, of this Award, the employer may engage relief staff subject to the following conditions — (1) If the intended relief period is for four weeks or more, the relief Electorate Officer shall receive the equivalent of the full-time or part-time salary of an Electorate Officer, whichever is applicable. (2) A relief Electorate Officer shall be entitled to conditions of employment in accordance with the provisions of this Award on a pro rata basis according to the number of hours worked, based on each completed two weeks of service. Provided that all allowances shall be paid in accordance with Clause 12. —Allowances, of this Award. (3) If the intended relief period is for less than four weeks, the employee shall be paid for each hour worked in accordance with the following formula — Fortnightly Salary with the addition of 20% in lieu of annual leave, sick leave, long service leave and payment for public holidays. Conditions of employment and/or allow- ances provided for Electorate Officers under this Award shall not apply to a relief Electorate Officer employed in accordance with this clause. However, where expenses are directly and necessarily incurred by a relief Electorate Officer in the ordinary performance of their duties, they shall be entitled to reimbursement in accordance with the provisions of this Award. (4) Subject to subclause (4) of this clause, the employer may engage a relief Electorate Officer for up to a maximum of 12 months for a specific purpose(s), on a full or part-time basis. (5) Provided that the term of employment may be extended for up to a further 12 months, after consultation with the Association. on it under the Industrial Relations Act 1979 hereby orders — That the Electrical Trades (Security Alarms Indus- try) 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 6 April 1992. (Sgd.) C.B PARKS, [L.S.] Commissioner. Schedule. Clause 27. — Supplementary Payments: Delete paragraph (a) of subclause (1) of this clause and insert in lieu thereof— (a) In addition to the rates payable under the provisions of Clause 28. —Wages of this Award, other than this provision, an employee, employed in the classifications listed, shall be paid the supplementary payment prescribed: Supple- mentary Classification Payment Per Week $ Group A Serviceperson 51.90 (Special Class) Group B Serviceperson 49.40 Group C Installer 49.40 Group D Trades Assistant 39.30 ENGINE DRIVERS' (BUILDING AND STEEL CONSTRUCTION) AWARD No. 20 of 1973.