WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Federated Miscellaneous Workers' Union of Australia, Hospital, Service and Miscellaneous WA Branch and Hon Premier of Western Australia and Others. No. 142 of 1990(R2). CLEANERS' AND CARETAKERS' (GOVERNMENT) AWARD 1975 No. 32 of 1975. COMMISSIONER G.L. FIELDING. 10th day of May 1990. Order. HAVING heard Mrs S.M. Mayman and Mrs K. Digwood on behalf of the Applicant and Mr G.C. Edwards and Miss V. Zupanovich on behalf of the Respondents, the Commission, pursuant to the powers 70 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE conferred on it under the Industrial Relations Act 1979, being satisfied that the claim complies with the terms of the General Order of the Commission No. 1940 of 1989 dated 8 September 1989, and by consent, hereby orders — That the Cleaners' and Caretakers' (Government) Award 1975 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 date hereof. (Sgd.) G.L. FIELDING. [L.S.] Commissioner. Schedule. 1. Clause 2.—Arrangement: After the number and title "31. Paid Leave for English Language Training" insert the new numbers and titles as follows — 32. Award Modernisation. 33. Skills Acquisition. 2. Clause 5.—Definition: Delete subclause (8) of this clause and insert the following in lieu thereof — (8) "Casual Employee" shall mean an employee who is engaged to work for less than four weeks. 3. Clause 8.—Overtime: Delete the amount "$5.10" in subclause (4) and insert "$5.80" in lieu thereof. 4. Clause 11.—Special Rates and Provisions. (A) In subclause (1) delete "39 cents" and insert in lieu "45 cents". (B) In subclause (2) delete "$2.30" and "$ 1.70" and insert in lieu "$2.70" and "$2.00" respec- tively. (C) In subclause (4) delete "4 cents" and insert in lieu "5 cents". (D) In subclause (5) delete "$2.20" and insert in lieu "$2.50". (E) In subclause (6) delete "$3.80", "$5.70", "$7.60" and "$2.35" and insert in lieu "$4.30", "$6.50", "$8.60" and "$2.70" respectively. (F) In subclause (9) delete "$8.70" and insert in lieu "$9.90". (G) In subclause (10) delete "$4.50" and insert in lieu "$4.80". 5. Clause 20.—Wages: Delete this clause and insert the following in lieu thereof — 20.—Wages. It is a term of this Award that the Union undertakes for the duration of the Principles determined by the Commission in Court Session in Application No. 1940 of 1989 not to pursue any extra claims, award or over award except when consistent with the State Wage Principles. Part A — All Employees Except Those Employed by the Ministry of Education. (1) The minimum weekly rate of wage payable to employees covered by this award shall be as follows: $ Level One Comprehends the following classes of work (a) Kitchen Hand (Agricola College) First year of employment 348.20 Second year of employment 352.50 Third year of employment 356.20 (b) Attendant Cleaner Gatekeeper (Robbs Jetty) First year of employment Second year of employment Third year of employment and thereafter Level Two Comprehends the following classes of work Home Economic Assistant Car Park Attendant Window Cleaner First year of employment Second year of employment Third year of employment and thereafter Level Three Comprehends the following classes of work Caretaker Estate Attendant (Homeswest) Grade 1 First year of employment Second year of employment Third year of employment and thereafter Level Four Comprehends the following classes of work Estate Attendant (Homeswest) Grade 2 First year of employment Second year of employment Third year of employment and thereafter Level Five Comprehends the following classes of work (a) Janitor Security Officer First year of employment Second year of employment Third year of employment and thereafter (b) Office Attendant (Homeswest) First year of employment Second year of employment Third year of employment and thereafter Level Six Comprehends the following classes of work Court Usher Second Cook (Agricola College) First year of employment Second year of employment Third year of employment and thereafter Level Seven Comprehends the following classes of work (a) Estate Attendant (Homeswest) Grade 3 Foreperson (BMA) First year of employment Second year of employment Third year of employment and thereafter 1770 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 70 W.A.LG. $ (b) First Cook (Agricola College) First year of employment 429.20 Second year of employment 433.90 Third year of employment and thereafter 437.40 (2) Supervision Allowance: Employees other than Forepersons and Estate Attendants Homes- west (Grades 2 and 3) placed in charge of others shall be paid the following weekly allowance in addition to the rate prescribed for his/her class of work: $ One to five employees 6.20 Six to 10 employees 11.20 11 to 15 employees 13.90 16 to 20 employees 19.10 over 20 (for each additional employee) 0.21 (3) Casual employees shall be paid 20 per cent in addition to the rates payable under this Award. Part B — All Employees Employed by the Ministry of Education. (1) The minimum weekly rate of wage payable to employees covered by this award shall be as follows: $ Level One Comprehends the following classes of work Cleaner for initial 12 months of employment 361.10 Level Two Comprehends the following classes of work Cleaner First year of employment 365.00 Second year of employment 368.20 Third year of employment and thereafter 371.30 Level Three Comprehends the following classes of work Cleaner in Charge of one to six employees inclusive Home Economics Assistant First year of employment 371.70 Second year of employment 375.60 Third year of employment and thereafter 379.70 Level Four Comprehends the following classes of work Cleaner in charge of seven to 10 employees inclusive Caretaker of schools employ- ing seven to 10 employees inclusive First year of employment 380.70 Second year of employment 384.20 Third year of employment and thereafter 388.30 Level Five Comprehends the following classes of work Cleaner in charge of 11 or more employees $ Caretaker of Schools employ- ing 11 or more employees First year of employment 392.40 Second year of employment 396.10 Third year of employment and thereafter 399.90 Level Six Comprehends the following classes of work Cleaner in Charge of TAFE Campuses: — Balga — Bentley Day — Bentley Night — Carlisle — Fremantle — Grosvenor Street Day — Geraldton — Great Southern — Leederville — Midland — Mount Lawley — Perth Aberdeen Street Day — Perth Aberdeen Street Night — Main Art Department Aberdeen Street — South West — Wembley Foreperson (Cleaning) First year of employment 422.70 Second year of employment 427.90 Third year of employment and thereafter 432.10 (2) A casual employee shall receive 20 per cent of the ordinary rate in addition to the ordinary rates prescribed herein for their class of work. 6. Clause 29.^-First Aid: Delete the amounts "77 cents" and "$1.30" in subclause (2) and insert in lieu "87 cents" and "$1.50" respectively. 7. Clause 31.—Paid Leave for English Language Training: After this clause insert the following new clauses as follows: 32.—Award Modernisation. (1) The parties are committed to modernising the terms of the Award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process. (2) In conjunction with testing the new award structure, the Union is prepared to discuss all matters raised by the employers for increased flexibility. As such any discussion with the employers must be premised on the understanding 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 agree- ment, in particular, where enterprise level discussions 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' ratification by the Commission. 70 W.A.LG. (f) The dispute settlement procedure will apply if agreement cannot be reached in the implementation process on a particular issue. (3) Should an agreement be reached pursuant to subclause (2) hereof and that agreement requires an award variation, no party will oppose that award variation. (4) There shall be no limitation on any award matter being raised for discussion. 29.—Skills Acquisition. (1) Establishment of Skill Level. (a) The parties to this Award shall determine the appropriate range of skills applicable to each classification level contained in Clause 7.—Rates of Pay. (b) Each employee shall be paid the wage rate specified for a classification level defined in accordance with (l)(a). (c) Where the employee is required to apply skills, which in total or in part correspond to the skills required of the higher classification than that to which they are appointed, the employee shall receive the rate of pay corresponding to that higher classification in accordance with Clause 21.—Higher Duties of this Award. Such higher rate of pay shll be payable for the duration of the application of the higher level of skills in accordance with Clause 21 of this Award. (d) The level of skills possessed by each employee shall be determined by training standards, certification and experience in accordance with subclauses (2) and (3) of this clause. (e) "Experience" for the puipose of this clause, means skills gained in an industry or occupation or away from work and which are recognised within the classification structure. (2) Training Standards. (a) Where relevant training standards have been developed by the statutory State Training Authority, those standards shall be adopted in respect of matters relating to training in the industries and callings covered by this Award. (b) Where relevant national training standards have been registered by the National Training Board, those standards shall be adopted in respect of matters relating to training in the industries and callings covered by this Award. (c) Where relevant training standards have not been developed by the statutory State Training Authority or registered by the National Training Board, the parties to this Award shall establish the standards to be adopted with respect of matters relating to training in the industries and callings covered by this Award. (d) "Training standards" for the purposes of this clause shall include, but not be limited to, the following: (i) the standards and competencies of skills required for each calling; (ii) curricula development; (iii) training courses; (iv) articulation and accreditation requirements for both on and off the job training; (v) on the job training guidelines. (3) Training Standards, Vocational Education and Accreditation: All training and vocational education for the purpose of imparting skills corresponding to the classification structure of this award shall be: (a) consistent with the training standards established in accordance with subclause (2); (b) of a form which is recognised for the purpose of attainment or contributory towards the attainment of an accredited vocational education qualification; and (c) accredited by the statutory State Training Authority; or (d) in the absence of the statutory State Training Authority, agreed by the parties to this Award as adequate in meeting the requirements of subclause (3).