WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Nursing Federation, Industrial Union of Workers Perth and Aquinas College and Others. No. 989 of 1990(R2)). COMMISSIONER J.F. GREGOR. 15 July 1991. Order. HAVING heard Ms J. McCulloch on behalf of the Applicant and Mr J. Blackburn on behalf of the Respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— That the Nurses' (Independent Schools) 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 15th day of July 1991; (Sgd.) J.F. GREGOR, [L.S.] Commissioner. Schedule. 1. Clause 2. —Arrangement: Delete this clause and insert the following in lieu thereof— 2. — Arrangement 1. Title 2. Arrangement 2A. State Wage Principles —September 1989 3. Scope 4. Area 5. Term 6. Definition 7. Wages 8. Sick Leave 9. Time Off Duty 10. Vacation Leave 11. Contract of Service 12. Part Time Employees 13. Board and Lodging 14. Laundry and Uniforms 15. Maternity Leave 16. Casual Employees 17. Long Service Leave 18. Compassionate Leave 19. Transport 20. Location Allowances 21. Payment of Wages Schedule of Respondents 2. Clause 7.—Wages: Delete subclause (1) and insert the following in lieu thereof— (1) The minimum rate of wages payable to employees covered by this award shall be as follows: Operative on and from 15 July 1991 $ per week 458.20 472.60 489.90 519.30 533.50 552.50 573.40 3. Clause 8. —Sick Leave: Delete this clause and insert the following in lieu thereof— 8. —Sick Leave. (1) (a) An employee who is unable to attend or remain at her/his place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accor- dance with the following provisions. (b) Entitlement to payment shall accrue at the rate of l/6th of a week for each completed month of service with the employer. (c) If in the first or successive years of service with the employer an employee is absent on the ground of personal ill health or injury for a period longer than her/his entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service. (2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that an employee shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service. (3) To be entitled to payment in accordance with this clause the employee shall, as soon as reasonably practicable, advise the employer of her/his inabil- ity to attend for work, the nature of her/his illness or injury and the estimated duration of the absence. Provided that such advice, wherever possible, shall be given to the employer prior to the commencement of the absence. (4) A medical certificate is required for any period in excess of two days. Employees shall not be' required to provide a medical certificate with respect to absences of two days or less unless the employer requests such in writing. (5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when she/he is absent on vacation leave and an employee may apply for, and the employer shall grant, paid sick leave in place of paid vacation leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to her/his place of residence or a hospital as a result of her/his personal ill health or injury for a period of seven consecutive days or more and ' she/he produces a certificate from a regis- tered medical practitioner that she/he was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accor- dance with subclause (3) of this clause if she/he is unable to attend for work on the working day next following her/his vacation leave. (c) Replacement of paid vacation leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time she/he proceeded on vacation leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs 1st year 2nd year 3rd year 4th year 5th year 6th year 7th year 2132 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 71 W.A.I.G. (a), (b) and (c) of this subclause, that portion of the vacation leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced vacation leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of vacation leave or, if termina- tion' occurs before then, be paid for in accordance with the provisions of Clause 10.—Vacation Leave. (e) Payment for replaced vacation leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the vacation leave loading prescribed in Clause 10.—Vacation Leave shall be deemed to have been paid with respect to the replaced vacation leave. (f) Provided that this subclause shall apply only in respect of four weeks of vacation leave taken in any year. (6) Where a business has been transmitted from one employer to another and the employee's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave provisions published in volume 59 of the Western Australian Industrial Gazette at pages 1 — 6, the paid sick leave standing to the credit of the employee at the date of transmission from service with the transmittor shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause. (7) The provisions of this clause in respect to payment do not apply to employees who are entitled to payment under the Workers' Compensation Act nor to employees whose injury or illness is the result of the employee's own misconduct. (8) The provisions of this clause do not apply to casual employees. 4. Clause 9. —Time Off Duty: Delete this clause and insert the following in lieu thereof— 9.—Time Off Duty. All employees shall be entitled to 48 hours off duty each week, such hours shall be consecutive unless the employee and employer agree otherwise. 5. Clause 10. —Vacation Leave: Delete this clause and insert the following in lieu thereof— 10. —Vacation Leave. (1) Except as hereinafter provided, an employee shall be allowed the leave granted by the school in which she/he is employed without deduction of pay: Provided that such leave shall be not less than six weeks during the Christmas vacation nor ten days during each of the term vacations. (2) If after one month's continuous service in any qualifying twelve monthly period an employee terminates her/his employment or her/his employ- ment is terminated by the employer through no fault of the employee, the employee shall be paid for such proportion of vacation leave as the number of completed months of her/his service in that qualifying period bears to the full qualifying period of twelve months. (3) Any time in respect of which an employee is absent from work except time for which she/he is entitled to claim sick leave or time spent on school holidays or vacation leave as prescribed by this clause shall not count for the purpose of determin- ing her/his right to paid leave. (4) A employee who is justifiably dismissed for misconduct shall not be entitled to the benefits of the provisions of this clause. (5) No employee shall, during any period when she/he is on leave engage in any employment for hire or reward in substitution for the employment from which she/he is on leave, and if an employee breaches this provision she/he shall thereupon forfeit her/his right of leave upon which she/he has entered, and the employer shall be entitled to withhold any further payment in respect of the period and to reclaim any payments already made on account of such period of leave. (6) A leave loading equivalent to 17.5% of four weeks' salary shall be paid to an employee including a part time employee who has worked for all four terms in that calendar year. The loading shall be paid in the final pay in December of that year. (7) This clause shall not apply to casual employees. 6. Clause 11. —Contract of Service: Delete subclause (2) of this clause and insert the following in lieu thereof— (2) The contract of service of a casual employee shall be daily terminable by one day's notice or by the payment or forfeiture of one day's wages. 7. Clause 12. —Part Time Employees and Casuals: Delete this clause and insert the following in lieu thereof— 12. —Part Time Employees. (1) Notwithstanding anything contained herein, ah employer shall be at liberty to employ part time employees. (2) A part time employee means an employee engaged on a fortnightly contract of service who regularly works less than 38 hours per week. (3) Such employees shall receive the rate of wage specified in this award as is proportionate to the time worked without payment of casual rates. (4) Part time employees shall be allowed sick leave and annual leave in accordance with the provi- sions of this award, only in the proportion which their weekly hours of duty bear to 38. 8. Clause 13. —Board and Lodging: Delete this clause and insert the following in lieu thereof— 13. —Board and Lodging. (1) The charge for full board and lodging provided to an employee by the employer shall be $9.00 per night. (2) Where the employer provides meals only to an employee the following charges shall apply— $ Lunch and dinner 3.50 Breakfast 2.00 (3) An accredited representative of the Federation shall be entitled to inspect such food and accommodation at reasonable times. (4) An employee shall not be charged for board and lodging when absent from the school for more than one day on annual leave, sick leave, long service or leave without pay. (5) By agreement with the employee the amounts prescribed in subclauses (1) and (2) hereof may be deducted from the salary of the employee. (6) Future increases in board and lodging charges shall be adjusted in accordance with increases awarded under the current principles of wage fixation. 9. Clause 16. —Board of Reference: Delete this clause and insert the following in lieu thereof— 16. —Casual Employees. (1) A "casual employee" means an employee who is not employed on a regular basis and who is engaged by the employer for a period not exceeding ten weeks in duration. (2) Casual employees shall be paid 20% in addition to the rates specified in this award for his/her class of work. (3) Casual employees shall not be entitled to be paid for public holidays on which they are not required to work, nor shall they be entitled to the provisions 71 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2133 of Clause 8.— Sick Leave, Clause 10. —Vacation Leave or Clause 17. —Long Service Leave. (4) The minimum period of engagement of a casual shall be three hours. 10. Clause 17. —Long Service Leave: Delete this clause and insert the following in lieu thereof— 17.—Long Service Leave. (1) The long service leave entitlement shall be in accordance with the Long Service Leave provi- sions published in volume 59 of the "Western Australian Industrial Gazette" at pages 1 to 6. (2) Except that where an employee has become entitled to a period of long service in accordance with this clause the employee shall commence such leave as soon as possible after the accrual date in a manner mutually agreed between the employer and the employee and by one of the following options approved by the employer: (a) as a semester, with approved leave without pay for that portion which exceeds the long service leave period; (b) as a term, with any excess entitlement being taken with future long service leave or paid out on termination, resignation or retirement. The excess cannot be used to reduce a future accrual period; (c) as a term, with the excess entitlement falling during the Christmas vacation period being paid for in addition to the ordinary payment for such vacation. The excess leave may be taken during the vacation prior to or following the term's long service leave. 11. Clause 19. —Transport: A. Delete paragraph (c) of subclause (1) of this clause and insert the following new paragraph in lieu thereof— (c) "Term of Employment" means a require- ment made known to the employee at the time of applying for the position by way of publication in the advertisement for the position, written advice to the employee containing the offer for the position or oral communication at interview by an interview- ing employee and such requirement is ac- cepted by the employee either in writing or orally. B. Delete the preamble and Schedules 1, 2 and 3 immediately following paragraph (c) of subclause (1) and insert the following in lieu thereof— (2) The allowances in this clause shall be updated by award variation in accordance with any movement in the allowances in the Public Service General Conditions of Service and Allowances Award 1989, No. 13 of 1976 but shall not have retrospective effect beyond the date of application. Allowances for Employees Required to Supply and Main- tain a Vehicle as a Term of Employment Schedule. 1 — Motor Car. Engine Displacement (in cubic centimetres) Over Over 1600 cc Area and Details 2600 cc 1600cc & Under Rate per kilometre -2600 cc Metropolitan Area First 4,000 kilometres 99.7 89.0 75.8 Over 4,000 up to 8,000 42.0 37.9 33.3 Over 8,000 up to 16,000 23.4 20.9 18.9 Over 16,000 kilometres 24.9 22.2 19.9 South West Land Division First 4,000 kilometres 102.1 91.5 78.2 Over 4,000 up to 8,000 43.4 38// 34.0 Over 8,(XX) up to 16,000 23.8 21.4 19.3 Over 16,000 kilometres 25.2 22.5 20.0 Engine Displacement (in cubic centimetres) Over Over 1600 cc Area and Details 2600 cc 1600cc & Under Rate per kiloraetre -2600 cc North of 23.5* South Latitude First 4,000 kilometres 113.8 102.2 87.5 Over 4,000 up to 8,000 47.5 42.7 37.3 Over 8,000 up to 16,(XX) 25.4 22.9 20.6 Over 16,000 kilometres 25.5 22.8 20.3 Rest of State First 4,000 kilometres 105.5 94.4 80.5 Over 4,000 up to 8,000 44.9 40.1 35.0 Over 8,000 up to 36,000 24.7 21.4 19.9 Over 16,000 kilometres 25.7 22.8 20.4 Allowance for Voluntary use of a Motor Vehicle Schedule. 2 —Motor Car Engine Displacement (in cubic centimetres) Over Over 1600 cc Area and Details 2600 cc 1600cc & Under Rate per kilometre -2600 cc Metropolitan Area 47.2 42.2 36.7 South West Land Division 48.3 43.3 37.7 North of 23.5" South Latitude 53.0 47.7 41.5 Rest of State 49.9 44.7 38.8 Schedule. 3 — Motor Cycles Rate cents per kilometre 16.3 13. Clause 20. — Location Allowances: Delete subclauses (3) to (12) of this clause and insert the following in lieu thereof— (3) Where an employee (a) is provided with board and lodging by his/her employer, free of charge; or (b) is provided with an allowance in lieu of board and lodging by virtue of the award or an Order or Agreement made pursuant to the Act, such employee shall be paid 66 2/3rd per cent of the allowances prescribed in subclause (1) of this clause. The provisions of paragraph (b) of this sub- clause shall have effect on and from the 24th day of July, 1990. (4) Subject to subclause (2) of this clause, junior employees, casual employees, part-time employ- ees, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed. (5) Where an employee is on annual leave or receives payment in lieu of annual leave he/she shall be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled. (6) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he/she shall only be paid location allow- ance for the period of such leave he/she remains in the location in which he/she is employed. (7) For the purposes of this clause: (a) "Dependant" shall mean — (i) a spouse or de facto spouse; or (ii) a child where there is no spouse or defacto spouse; who does not receive a district or location allowance. (b) "Partial Dependant" shall mean a "depen- dant" as prescribed in paragraph (a) of this subclause who receives a district or location allowance which is less than the location allowance prescribed in subclause (1) of this clause. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE" 71 W.A.I.G. (8) Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of subclause (1) of this clause shall be such amount as may be agreed between the Australian Mines and Metals Associ- ation, the Confederation of Western Australian Industry and the Trades and Labor Council of Western Australia or, failing such agreement, as may be determined by the