WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Federated Miscellaneous Workers' Union of Australia, Hospital, Service and Miscellaneous WA Branch and The Metropolitan Market Trust. No. 143 of 1990(R2). CLEANERS AND CARETAKERS (METROPOLITAN MARKET TRUST) AGREEMENT 1967 No. 9 of 1967. COMMISSIONER G.L, FIELDING. 10th day of May 1990. Order. HAVING heard Ms S.M. Mayman on behalf of the Applicant and Miss V. Zupanovich on behalf of the Respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, being satisfied that the claim complies with the terms of the General Order of the Commisison, No. 1940 of 1989 dated 8 September 1989, and by consent, hereby orders — That the Cleaners and Caretakers (Metropolitan Market Trust) Agreement 1967 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. 1772 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 70 W.A.I.G. Schedule. 1. Clause 2.—Arrangement: After the number and title "33. Rosters" insert new numbers and titles as follows — 34. Award Modernisation. 35. Skills Acquisition. 2. Clause 5.—Definitions: Delete subclause (6) and insert the following in lieu thereof — (6) "Casual Employee" shall mean an employee who is engaged to work for less than four weeks. 3. Clause 7.—Rates of Pay: Delete this clause and insert the following in lieu thereof — 7.—Rates of Pay. It is a term of this industrial agreement 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. (1) The minimum weekly rate of wage payable to employees covered by this Agreement shall be as follows: $ Market Inspector Grade 1 First year of employment 395.60 Second year of employment 399.10 Third year of employment and thereafter 402.50 Market Inspector Grade 2 First year of employment 417.70 Second year of employment 421.20 Third year of employment and thereafter 424.80 Market Inspector Grade 3 First year of employment 439.80 Second year of employment 443.50 Third year of employment and thereafter 447.00 Market Inspector Grade 4 First year of employment 489.20 Second year of employment 492.70 Third year of employment and thereafter 495.10 Gatekeeper First year of employment 361.10 Second year of employment 365.00 Third year of employment and thereafter 372.10 (2) In addition to the rates prescribed herein, an employee who in any week handles money shall be paid an allowance of $6.30 per week. (3) A casual employee shall receive 20 per cent of the ordinary rate in addition to the ordinary rate for their class of work. 4. Clause 8.—Overtime: Delete paragraph (a) of subclause (4) and insert the following in lieu thereof — (4) (a) An employee required to work con- tinuous overtime for more than IVz hours shall be supplied with a meal by the employer or be paid $5.80 for a meal, and if, owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with each such meal by the employer or be paid $3.25 for each meal so required. 5. Clause 8.—Overtime: Delete paragraph (d) of subclause (4) and insert the following in lieu thereof — (d) An employee required to work contin- uously from midnight to 6.30 a.m. and ordered back to work at 8.00 a.m. the same day shall be paid $5.80 for breakfast. 6. Clause 17.—Sick Leave: Delete subclause (3) and insert the following in lieu thereof — (3) (a) To be entitled to payment in acordance with this clause the employee shall as soon as reasonably practicable advise the employer of their inability to attend for work, the nature of their illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances, shall be given to the employer within 24 hours of the commencement of the absence. (b) Where practicable notification of absence due to sickness is to be given prior to the start of normal shift hours. 7. Clause 18.—General Conditions: Delete subclause (7) and insert the following in lieu thereof — (7) An employee who is the holder of an approved First Aid qualification shall be paid an allowance of $1.50 per day. 8. After Clause 33.—Roster insert the following new clauses as follows — 34.—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. (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. 70 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1773 35.—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 shall 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 purpose 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).