Union of Workers, Perth and Royal Flying Doctor Service. No. 585 of 1988. Nurses Health Care Industry COMMISSIONER J.A. NEGUS. 23rd day of June 1988. Order. HAVING heard Ms H. Handmer on behalf of the v Mr T.H. Jorgensen on behalf of the
any Industrial
Not yet cited by other cases
APPLICANT: Union of Workers, Perth and Royal Flying Doctor Service. No. 585 of 1988. Nurses Health Care Industry COMMISSIONER J.A. NEGUS. 23rd day of June 1988. Order. HAVING heard Ms H. Handmer on behalf of the
RESPONDENT: Mr T.H. Jorgensen on behalf of the
This case hasn't been analysed yet.
Sign in to analyse
Generate ratio, outcome, key facts, concept tags and cited-case edges. Takes ~15–30 seconds.
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Concept tags · 5
Archived text (1025 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Section 40.—Award Variation. The Royal Australian Nursing Federation Industrial Union of Workers, Perth and Royal Flying Doctor Service. No. 585 of 1988. Nurses Health Care Industry COMMISSIONER J.A. NEGUS. 23rd day of June 1988. Order. HAVING heard Ms H. Handmer on behalf of the Applicant and Mr T.H. Jorgensen on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders — That the Nurses (Royal Flying Doctor Service) Award No. 18 of 1982 be varied in accordance with the following Schedule and that such variation shall take effect as from the beginning of the first pay period commencing on or after the 1st day of July 1988. (Sgd.) J.A NEGUS, [L.S.] Commissioner. Schedule. 1. Clause 2.—Arangement: Add a new item 27. Leave to Attend Union Business and a new item 28. Deduction of Union Subscriptions. 2. Clause 21.—Wages; Delete this clause and insert in lieu:— 21.—Wages. An employer on whom this award is binding shall not increase the rate of wage payable to an employee on 5 February 1988, or otherwise vary the conditions of employment applicable to an employee on that date so as to increase that employer's labour costs except to the extent that any such increase has been authorised by the Commission after that date. Per Week $ (1) Nurse — First year 570.00 — Second year 580.00 — Thereafter 600.00 (2) Supervisor 650.00 (3) (a) A nurse who is required by her employer to hold a qualification from a University, College of Nursing or College of Advanced Education in addition to her/his basic qualification shall be paid an allowance of 29.40 (b) A nurse who is required by her/his employer to hold a certificate which has been endorsed by the Nurses Board of WA shall be paid; 70 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3271 Per Week $ (i) Certificate entail- ing less than 12 months' study 9.80 (ii) Certificate entail- ing 12 or more months' study 13.70 (4) A nurse who is engaged to perform permanent relieving duties shall be paid such extra rate as is agreed between the parties to this award. 3. Add a new Clause 27.—Leave to Attend Union Business:— 27.—Leave to Attend Union Business. (1) (a) The employer shall grant paid leave during ordinary working hours to an employee: (i) who is required to give evidence before any Industrial Tribunal; (ii) who as a Union nominated representa- tive of the employees is required to attend negotiations and/or conferences between the Union and employer; (iii) who with prior agreement between the Union and employer attends official Union meetings preliminary to negotiations or industrial hearings; (iv) who as a Union nominated representa- tive of the employees is required to attend joint Union/Management consultative committees or working parties. (b) The granting of leave pursuant to paragraph (a) of this subclause shall only be approved: (i) where an application for leave has been submitted by an employee a reasonable time in advance; (ii) for the minimum period necessary to enable the Union business to be conducted or evidence to be given; (iii) for those employees whose attendance is essential; (iv) when the operation of the organisation is not being unduly affected and the convenience of the employer impaired. (2) (a) Leave of absence will be granted at the ordinary rate of pay. (b) The employer shall not be liable for any expenses associated with an employee attending to Union business. (c) Leave of absence granted under this clause shall include any necessary travelling time in normal working hours. (3) (a) Nothing in this clause shall diminish the existing arrangements relating to the granting of paid leave for Union business. (b) An employee shall not be entitled to paid leave to attend Union business other than as prescribed by this clause. (c) The provisions of this clause shall not apply to special arrangements made between the parties which provide for unpaid leave for employees to conduct Union business. (4) The provisions of this clause shall not apply when an employee is absent from work without the approval of the employer. 4. Add a new Clause 28.—Deduction of Union Subscriptions:— 28.—Deduction of Union Subscriptions. (1) The employer shall deduct normal Union subscriptions as equal amounts each pay period. (2) Payroll deduction authority forms shall be completed by employees. Where the employer requires a standard procuration form that form shall be used. (3) Where required by the employer or Union, the Union Secretary or person acting in his/her stead, shall countersign all forms and forward them to the employer's paymaster. (4) (a) The employer shall commence deduction of subscriptions from the first full pay period following receipt of a completed payroll deduction authority form and continue deducting throughout the employee's period of employment, except as provided in subclause (5) of this clause or until the authority is cancelled in writing by the employee. (b) Where the payroll deduction authority form authorises the employer to deduct Union subscriptions in accordance with the rules of the Union, the Union shall notify the employer in writing of the level of Union subscription to be deducted. The employer shall implement any change to Union subscriptions no later than one month after being notified by the Union except where the Union nominates a later date. (5) (a) The collection of any nomination fee, arrears, levies or fines are not the responsibility of the employer. (b) Where a deduction is not made from an employee in any pay period, either inadvertently or as a result of an employee not being entitled to wages sufficient to cover the subscription, it shall be the employee's responsibility to settle the outstanding amount with the Union direct. (6) The employer shall not make any deduction of subscriptions from an employee's termination pay on termination of service, other than normal deductions for the preceding pay period. (7) The employer shall forward contributions deducted, together with supporting documentation, to the Union to this award at such intervals as are agreed between the employer and the Union. 3272 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 70 W.A.I.G.