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WESTERN AUSTRALIAN MINT SECURITY OFFICERS' AWARD 1988 No. A5 of 1988. COMMISSIONER G.L. FIELDING. 10th day of May 1990. Order. HAVING heard Mrs S.M. Mayman on behalf of the v Miss V. Zupanovich on behalf of the

(1990) 70 WAIG Single Commissioner (WAIRC) 1989-09-08 File: No. 195 of 1990
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APPLICANT: WESTERN AUSTRALIAN MINT SECURITY OFFICERS' AWARD 1988 No. A5 of 1988. COMMISSIONER G.L. FIELDING. 10th day of May 1990. Order. HAVING heard Mrs S.M. Mayman on behalf of the
RESPONDENT: Miss V. Zupanovich on behalf of the
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Concept tags · 6

[P]General Order — rates of pay and minimum conditions (WA s50A) [P]Annual leave [P]Dismissal while injured/on workers comp [P]Workers compensation claim (WA) [S]Wages — payment obligations [S]Compensation for unfair dismissal
Archived text (2016 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Federated Miscellaneous Workers' Union of Australia, Hospital, Service and Miscellaneous WA Branch and The Western Australian Mint. No. 195 of 1990(R2). WESTERN AUSTRALIAN MINT SECURITY OFFICERS' AWARD 1988 No. A5 of 1988. COMMISSIONER G.L. FIELDING. 10th day of May 1990. Order. HAVING heard Mrs S.M. Mayman on behalf of the Applicant and Miss V. Zupanovich on behalf of the Respondent, 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 Commission No. 1940 of 1989 dated 8 September 1989, and by consent, hereby orders — That the Western Australian Mint Security Officers' Award 1988 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 "29. Leave to Attend Union Business" insert the following new numbers and titles as follows — 30. Award Modernisation. 31. Skills Acquisition. 2. Clause 5.—Definition: Delete subclause (4) and insert the following in lieu thereof — (4) "Day Shift" means only shift commencing between 6.00 a.m. and 9.00 a.m. except for a day shift officer employed at 310 Hay Street, Perth on a permanent basis then "day shift" commences between 6.00 a.m. and 10.00 a.m., Monday to Friday. 3. Clause 8.—Public Holidays: Delete subclause (8) and insert the following in lieu thereof — (8) When an officer is off duty owing to leave without pay or workers' compensation, any holiday falling within such absence shall not be treated as a paid holiday. Where the officer is on duty or available on the whole of the working day immediately preceding a holiday, or resumes duty or is available on the whole of the working day immediately following a holiday, as prescribed in this clause, the officer shall be entitled to a paid holiday for such holiday. 4. Clause 9.—Annual Leave: Delete paragraph (a) of subclause (1) of this clause and insert the following in lieu thereof — (1) (a) Except as hereinafter provided a period of 152 consecutive hours' leave shall be allowed to an officer by the Mint after a period of 12 months' continuous service with such employer. Payment for such leave shall be at ordinary wages as prescribed less the allowances provided for in Clause 14(3) and 14(4) of this Award and shall be made to the officer by the Mint prior to proceeding on leave. 5. Clause 9.—Annual Leave: Delete subclause (2) of this clause and insert the following in lieu thereof — (2) (a) A Day Officer who would have worked on day work had they not been on annual leave shall receive in addition to their payment for annual leave a loading of 17.5 per cent. (b) A Shift Officer shall be paid, in addition to their annual leave payment, a loading of 17.5 per cent on the base rate as prescribed provided that where the officer would have received ordinary wages as prescribed had they not been on annual leave during the relevant period and such wages would have entitled them to a greater amount than the loading of 17.5 per cent plus base rate, then the officer shall be paid their ordinary wages as prescribed in lieu of the 17.5 per cent loading. (c) The loading prescribed by this subclause shall not apply to proportionate leave on termination and shall not exceed the amount set out in the Australian Bureau of Census and Statistics Publication for 'average weekly earnings per male employed' in Western Australia for the September quarter immediately preceding the date the leave became due. 6. Clause 14—Wages and Allowances: Delete this clause and insert the following in lieu thereof — 14.—Wages and Allowances. 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. (1) (a) The minimum and maximum of the wage range for qualified security officers shall be as follows, paid fortnightly: $ Per Week Minimum Maximum Senior Security Officer 428.10 443.60 Security Officer 400.50 416.00 (b) The actual wage of each officer referred to in paragraph (a) hereof shall be a sum determined by the Mint in relation to the officer's merit, diligence and good conduct, which shall first be reviewed six months after appointment as senior security officer or security officer as the case may be, and six monthly thereafter. On review, an officer's wage may be increased by 10 per cent or 20 per cent of the difference between the relevant minimum and maximum rates prescribed in paragraph (a) hereof. An officer who, upon review, does not receive the maximum 20 per cent increment may apply for a review after a further three months. (c) The rate of pay of an unqualified security officer shall be $374.90 per week, paid fortnightly. (d) The rate of pay of a Commissionaire shall be — $ Per Week First year of employment 374.90 Second year of employment 380.10 Third year of employment 385.20 paid fortnightly. (2) (a) An allowance for shift work of 15 per cent of an officer's base rate of pay shall be paid fortnightly to officers in respect of work performed during the ordinary hours of week day shifts as defined in subclauses (5) and (6) of Clause 5.— Definitions of this Award other than public holidays. The all owance is not payable during long service leave or periods of leave without pay of any kind. (b) An officer who, in accordance with the provisions of subclause (4) of Clause 7.—Hours, works an eleventh shift shall be paid the overtime rates prescribed in this Award for the whole of the shift. (3) (a) A senior security officer or security officer who has been trained to render first aid and who is a current holder of appropriate first aid qualifications, such as a Senior First Aid Certificate from the St John Ambulance Association, will be paid a first aid allowance of $1.10 per shift with a maximum payment of $5.50 per week. (b) The allowance is paid on a fortnightly basis and is payable only when the officer is at work. (4) (a) Where an officer is required to carry a firearm that officer shall be paid an allowance of $1.20 per shift with a maximum payment of $5.80 per week. (b) The allowance is payable on a fortnightly basis and is payable only when the officer is at work. (c) Where an officer is required to carry a firearm the Mint shall: (1) provide and maintain the firearm; (ii) pay the licensing fee; (ill) provide initial training with such time counted as time worked; and (iv) provide refresher courses at quarterly intervals, with such courses counted as time worked. (5) The allowances referred to in subclauses (3) and (4) of this clause shall not form part of the cal- culation of any other entitlement either under this Award or for the purpose of the calculation of the officer's base rate and are not payable during any period of leave. 7. Clause 16.—Overtime: Delete subclause (2) of this clause and insert the following in lieu thereof — (2) An officer required to work in excess of two hours after completion of their ordinary shift, without being notified before the completion of the previous day or shift, shall be paid a meal allowance of $5.80. A further meal allowance of $3.70 shall be paid on the completion of each additional four hours' overtime worked. 8. Clause 29.—Leave to Attend Union Business: After this clause insert the following new clauses as follows — 30.—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. 31.—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 14.—Wages and Allowances. (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 18.—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 18 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. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE (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). Editor's Note: Matter 597 of 1990 to be finalised. CLEANERS AND CARETAKERS (GOVERNMENT) AWARD No. 32 of 1975.