WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Federated Clerks' Union of Australia Industrial Union of Workers, W.A. Branch and T.E. Ball and Others. No. 1585 B of 1989 (R2). COMMISSIONER C.B. PARKS. 28 June 1991. Order. HAVING heard Miss J.G. Bamesby on behalf of the Applicant and Mr M.A. O'Connor on behalf of the Respondents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders — That the Clerks' (Accountants Employees) 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 26 June 1991. (Sgd.) C.B. PARKS, [L.S.I Commissioner. Schedule. 1. Clause 2. — Arrangement: Delete this clause and insert in lieu thereof— 2. — Arrangement. 1. Title. 2. Arrangement. 2A. State Wage Principles—September 1989. 3. Area. 4. Scope. 5. Term. 6. Definitions. 7. (Vacant). 7A. Casual Employees. 7B. Part-time Employees. 8. (Vacant). 9. Meal Allowance. 10. Holidays. 11. Rates of Pay. 12. Annual Leave. 13. Sick Leave. 14. Contract of Service. 15. Certificate of Service. 16. Record. 17. Payment of Wages. 18. Travelling Time. 19. Aged and Infirm Employees. 20. Certificate of Age. 21. General. 22. Long Service Leave. 23. Location Allowance. 24. Uniforms. 25. Compassionate Leave. 26. Maternity Leave. 27. Traineeships. 28. Superannuation. 29. Award Modernisation (Enterprise Agreements). Schedule A —Respondents. 2. Insert after Clause 6. —Definitions, the following new clauses — 7A. — Casual Employees. (1) A casual employee shall mean an employee engaged and paid as such, and whose employment may be terminated by the giving of one hour's notice on either side, or by the payment or forfeiture, as the case may be, of one hour's pay. 71 W.A.I.G. w: ITEl 1851 (2) A casual employee shall be paid in accordance with the provisions of subclause (4) of Clause 11. — Rates of Pay. Notwithstanding anything contained in this clause the basis and terms of employment of casual clerks may be varied in any particular case by agreement in writing between the employer and the Union. 7B. —Part-Time Employees. (1) A part-time employee shall mean an employee who, subject to the provisions of Clause 7. —Hours, works no more than 32 ordinary hours per week except where a part-time employee at the date of this Award is employed for more than 32 hours a week, that arrangement with respect to that employee may continue. (2) (a) At the time of engagement the employer and the employee shall agree to the number of ordinary hours to be worked by the employee in each week. (b) Such number of ordinary hours, once agreed, may be varied by either side giving the amount of notice required by Clause 14. —Contract of Service. (3) A part-time employee shall receive payment for wages, annual leave, holidays and sick leave on a pro-rata basis in the same proportion as the number of hours regularly worked each week bears to 38 hours. 3. Clause 10. — Holidays: Delete subclauses (5) and (6) of this clause, and add the following new subclauses — (5) When any of the days mentioned in subclause (1) hereof falls on a full-time employee's rostered day off the employer and the employee may agree that the employee receive an additional day off to be taken in conjunction with a period of annual leave or at some other time as mutually agreed between the employer and employee. (6) Subject to subclause (3) of this clause, all ordinary hours of work performed on a holiday shall be paid for at the rate of double time and a half. (7) The provisions of this clause, except for the provisions of subclause (6) shall not apply to casual employees. 4. 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. (2) Adults Employees (rates per week)— $ (a) At 21 years of age 352.60 At 22 years of age 356.70 At 23 years of age 360.30 At 24 years of age 364.20 At 25 years of age and over 368.50 (b) Adult stenographers, comptome- ter or calculating or ledger ma- chine operators in addition shall, in addition to the rates of wages prescribed in paragraph (a) of this subclause, receive 4.00 (c) Senior Clerks 374.30 (classified as such or in default of agreement by the Board of Refer- ence) (3) Juniors — (a) Percentage of the rate for an adult % at 21 years of age per week — 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 (b) Junior stenographers, comptome- $ ter or ledger machine operators shall, in addition to the rates set out in paragraph (a) of this subclause, receive — At 17 years of age 0.70 At 18 years of age 1.00 At 19 years of age 2.50 At 20 years of age 3.30 (4) Casual clerks may be employed at an hourly rate and shall be paid whilst so employed 25 percent, in addition to the rates prescribed above, with a minimum engagement of 4 hours: 5. Clause 12. — Annual Leave: Delete subclauses (9), (10), (11) and (12) of this clause, and insert in lieu thereof— (9) (a) At the request of an employee, and with the consent of the employer, annual leave pre- scribed by this clause may be given and taken before the completion of 12 months continu- ous service as prescribed by subclause (1) of this clause. (b) If the service of an employee terminates and the employee has taken a period of leave in accordance with this subclause and if the period of leave so taken exceeds that which would become due pursuant to subclause (4) of this clause the employee shall be liable to pay the amount representing the difference between the amount received by the em- ployee for the period of leave taken in accordance with this subclause and the amount which would have accrued in accor- dance with subclause (4) of this clause. The employer may deduct this amount from moneys due to the employee by reason of the other provisions of this Award at the time of termination. (c) The annual leave loading provided by sub- clause (2)(a) of this clause, shall not be payable when annual leave is taken in advance pursuant to the provisions of this subclause. The loading not paid, for the period of leave taken in advance, shall be payable to the employee at the end of the first pay period following the employee complet- ing the qualifying period of continuous service provided in subclause (1) of this clause. (10) Notwithstanding anything else herein contained an employer who observes a Christmas close- down for the purpose of granting annual leave may require an employee to take his annual leave in not more than two periods but neither of such periods shall be less than one week. (11) In the event of an employee being employed by an employer for a portion only of a year the employee shall only be entitled subject to sub- clause (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, the employee shall not be entitled to work or pay whilst the other employees are on leave on full pay. (12) The provisions of this clause shall not apply to casual employees. 6. Clause 16. —Record: Delete subclause (3) and insert in lieu thereof— (3) (a) The record may be maintained in one or more parts depending on the system of recording used by the employer whether manual or mechanical provided that if the record is maintained in more than one part, those parts shall be kept in such a manner as will enable the inspection referred to in subclauses (2) and (4) of this clause to be conducted at the establishment. (b) The record shall be kept in date order so that the inspections referred to in subclauses (2) and (4) of this clause may be made with respect to a period of 6 years preceding the date of inspection. 152 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 71 W.A.I.G. (c) The employer may, if it is part of normal business practice, periodically send the re- cord or any part of the record to another person, provided that the provision of this paragraph shall not relieve the employer of the obligations with respect to provisions contained elsewhere in this clause with the exception of those contained in paragraph (b) of this subclause. (d) Subject to this clause the record shall be available for inspection by a duly authorised official of the Union during the normal hours of business of the employer, but excepting any lime when the employer or his employ- ees who are required to maintain the record may be absent. (e) The Union official shall be permitted reason- able time to inspect the record and, if required take an extract or copy of any of the information contained therein. 7. Add after Clause 28. — Superannuation, the following new clause — 29. — Award Modernisation (Enterprise Agreements). (1) The parties are committed to modernising the terms of this Award. (2) Employers and employees covered by this Award may reach agreement at the level of individual enterprises to provide for more flexible working arrangements, improved quality of working life, enhanced skills and job satisfaction. Such Enter- prise Agreements may involve a variation in the application of award provisions in order to meet the requirements of individual enterprises and their employees. Agreements may be negotiated and consequential award variations processed in accordance with subclause (3) of this clause. (3) The Union will discuss all matters relating to increased flexibility that are raised by the em- ployer. Any such discussion with the Union shall be on the premise that — (a) The majority of employees at the enterprise must genuinely agree. (b) No employee will lose income as a result of the change. (c) The Union must be party to the agreement, in particular, where enterprise level discus- sions are considering matters requiring any award variation, the Union shall be invited to participate. (d) The Union shall not unreasonably oppose any agreement. (e) Agreements are to be submitted for ratifica- tion by the Commission. CLERKS (RACING INDUSTRY-BETTING) AWARD No. R22 of 1977.