WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1979. Section 23 — New Award. The Federated Miscellaneous Workers' Union of Australia, Hospital, Service and Miscellaneous WA Branch and Hon Minister for Education and Others. Nos. A 29 and PSA A 29A of 1985. Child Care Workers Health and Welfare Services COMMISSIONER G.L. FIELDING. 23rd day of February 1989. Award. HAVING heard Mr J.A. McGinty on behalf of the applicant and Mr AS. Caccamo on behalf of the respondents, the Commission, constituted by the Public Service Arbitrator, pursuant to the powers conferred on it under the Industrial Relations Act 1979 and by consent, hereby orders: Make an Award to be known as the Children's Services (Government) Award 1989 in terms of the document attached hereto with effect from the first pay period commencing on or after this day. (Sgd.) G.L. FIELDING. [L.S.] Public Service Arbitrator. 1. — Title. This award shall be known as the Children's Services (Government) Award 1989. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Term. 5. Definitions. 6. Contract of Service. 7. Hours of Work. 8. Part-Time and Casual Employees. 9. Meal Breaks. 10. Overtime. 11. Public Holidays. 12. Annual Leave. 13. Sick Leave. 14. Long Service Leave. 15. Leave to Attend Union Business. 16. Trade Union Training Leave. 17. Maternity Leave. 18. Compassionate Leave. 19. Salaries and Wages. 20. District Allowances. 21. Payment of Salaries and Wages. 22. Deduction of Union Subscriptions. 23. Right of Entry. 24. Posting of Award. 25. Time and Salary/Wages Record. 26. College Vacation Periods. Appendix — Schedule of Respondents. 3. — Area and Scope. This Award shall have effect throughout the State of Western Australia and shall apply to those employed in the classifications described m Clause 19. — Salaries and Wages, and employed by those respondents named in the Appendix. 4. —■ Term. This award shall operate for a period of one year from the date hereof. 5. — Definitions. "Casual Employee" shall mean an employee on an hourly contract of employment who is regularly employed for less than four weeks. "College" shall mean a Technical and Further Education College or a Community College pursuant to the Colleges Act 1978. "Senior Child Care Worker" shall mean a Child Care Worker appointed as such to carry out administrative duties beyond those expected of a Child Care Worker in addition to the normal duties of a Child Care Worker. "Child Care Aide" shall mean an employee engaged to assist in the supervision and care of children and generally to assist m the functioning of the centre, who does not possess child care qualifications or who is not required in the performance of her/his duty to use such qualifications. "Child Care Worker" shall mean an employee appointed as such who holds a Child Care Certificate (CCC) or a National Nursery Examination Board (NNEB) or other qualifications recognised by the Australian Early Childhood Association to be equivalent. "Part-Time Employees" shall mean an employee who is regularly employed for less hours than that prescribed in Clause 7. — Hours of Work of this Award. "Year of Experience" shall mean experience in the appropriate classification. 1080 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 69 W.A.I.G. "Union" shall mean The Federated Miscellaneous Workers' Union of Australia, Hospital, Service and Miscellaneous, WA Branch, "Term or Semester Vacation" shall mean the vacation period generally observed by TAFE or Community Colleges as appropriate. "Contact — Employee" shall mean an employee who predominantly spends their working hours in immediate contact with the centre's children. 6. — Contract of Service. (1) An employee shall not leave the service of the employer except upon the expiry of seven days' notice of his/her intention to do so, given in writing to the employer by the employee, unless the employer otherwise approves. (2) An employee shall not be terminated from the service of the employer except upon the expiry of seven days' notice of dismissal given in writing to the employee by the employer and the reasons for termination shall be stated in that notice. (3) In lieu of giving notice as prescribed in subclauses (1) and (2) of this clause, the employer may pay, or the employee may forfeit, a week's payment as the case may be. (4) The provisions of subclause (2) of this clause do not apply with respect to an employee who is dismissed summarily for misconduct, and in such cases wages shall be paid up to the time of dismissal only. (5) The provisions of subclauses (1), (2), (3) and (4) of this clause do not apply to a casual employee. (6)(a) All casual employees shall be entitled to payment for a minimum period of two hours. (b) Subject to paragraph (a) of this subclause the engagement of a casual employee may be terminated at any time and all wages due shall be paid at the termination of such engagement or as soon as practicable thereafter. 7. — Hours of Work. (1) The ordinary hours of duty shall be 38 per week for Child Care Centre Aides and Cooks and 37.5 for other employees to be worked at not more than 8 hours per day. (2) The ordinary hours shall be worked between 7.00 a.m. and 6.00 p.m., Monday to Friday inclusive. Such hours shall be worked continuously except for meal breaks. 8. — Part-time and Casual Employees. (1) Notwithstanding anything contained in this award, employees may be regularly employed to work less hours per week than are prescribed in Clause 7. — Hours of Work of this award. (2) A part-time employee employed under the provisions of this clause shall receive payment of entitlements on a pro rata basis in the proportion which the hours of work bear to the ordinary hours of work as provided for in Clause 7. — Hours of Work of this award. (3) Casual employees shall be paid 20 per cent in addition to the rates prescribed in Clause 19. — Salaries and Wages of this award, in lieu of the provisions of Clause 11. — Public Holidays, Clause 12. — Annual Leave and Clause 13. — Sick Leave of this award. 9. — Meal Breaks. (1) A meal break of not less than 30 minutes but not more than one hour shall.be allowed to all employees between the hours of 12.00 noon and 2.00 p.m. Such time shall not count as time worked. (2) When staff meetings or other exceptional circumstances intrude into the lunch break contact staff members shall have at least 30 minutes of uninterrupted break. 10. — Overtime. (1)(a) All time worked in excess of or outside of the rostered ordinary hours shall be paid at the rate of time and one half of the ordinary rate for the first two hours and double time of the ordinary rate thereafter. Provided that all time worked after midday Saturday and on Sundays shall be paid for at the rate of double time and on public holidays at the rate of double time and one half. (b) In computing overtime each day shall stand alone but when an employee works overtime which continues beyond midnight on any day the time worked after midnight shall be deemed to be part of the previous day's work for the purpose of this subclause. (2) Notwithstanding anything contained in this Award: (a) The employer may require any employee to work reasonable overtime and such an employee shall work overtime in accordance with such requirements. (b) The Union or any employees covered by this Award shall not, in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause. (3) The provisions of this clause do not operate so as to require payment of more than double time or double time and one half on a public holiday prescribed under this Award. (4) (a) An employee required to work continuous overtime for more than one hour shall be supplied with a meal by the employer or be paid $5.10 for a meal, and if, owing to the amount of overtime worked, a second or subsequent meal is required he/she shall be supplied with each meal by the employer or be paid $2.98 for each meal so required. (b) The provisions of paragraph (a) of this subclause do not apply: (i) in respect of any period of overtime for which the employee has been notified on the previous day or earlier that he/she will be required; or (ii) to any employee who lives in the locality in which the place of work is situated in respect of any meal tor which he/she can reasonably go home; or (iii) where the overtime worked is outside the customary meal time. (c) If an employee provides him/herself with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, he/she shall be paid, for each meal provided and not required, the appropriate amount described in paragraph (a) of this subclause. 11.—Public Holidays. (1) The following days or the days observed in lieu shall, subject as hereinafter provided, be allowed as holidays without deduction of pay, namely; New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause. (2) When any of the days mentioned in subclause (1) of this clause falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday or when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday and the day for which it is substituted shall not be a holiday. (3) When any of the days observed as a holiday under this clause falls during an employee's period of 69 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE annual leave the employee shall, for each such day. be allowed a day's leave with pay to be taken immediately after completion of that annual leave. (4) (a) An employee who. on a day observed as a holiday under this clause, is required to work during his/her ordinary hours of work shall be paid for the time worked at the rate of double time and one half. (b) Provided that, in lieu of the foregoing provisions in paragraph (a) and subject to agreement between the employer and the employee, work performed on a public holiday shall be paid for at the rate of time and one half and in addition the employee shall be allowed one day's leave with pay to be taken at a mutually agreeable time. (5) When an employee is absent on leave without pay, sick leave without pay or workers' compensation, any day observed as a holiday on a day falling during such absence shall not be treated as a paid holiday. Where an employee 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 day observed as a holiday under this clause the employee shall be entitled to be paid for such holiday. (6) Where - (a) a day is proclaimed as a public holiday or as a public half holiday under section 7 of the Public and Bank Holidays Act 1972; and (b) that proclamation does not apply throughout the State or to the metropolitan area of the State, that day shall be a whole holiday or, as the case may be, a half holiday for the purposes of this Award within the district or locality specified in the proclamation. (7) The provisions of this clause do not apply to casual employees. 12.—Annual Leave. (1) Except as hereinafter provided, a period of four consecutive weeks' leave with payment of ordinary wages as prescribed in subclause (2) of this clause shall be allowed annually to an employee by his/her employer after a period of 12 months' continuous service with that employer. (2) Prior to commencing any period of annual leave each employee shall be paid for that period of leave at the rate of wage the employee would have received had he/she not proceeded on leave. (3) (a) In addition to the rates prescribed in subclause (2) of this clause an employee shall be paid 17.5 per cent in addition to his/her weekly rate of pay as prescribed in Clause 19.—Salaries and Wages of this Award. (b) Except as provided in subclause (4) of this clause, the loading prescribed by this subclause shall not apply to proportionate leave on termination. (4) (a) If, after one month's continuous service in any qualifying 12 monthly period, an employee lawfully terminates his/her service or his/her employment is terminated by the employer through no fault of the employee, the employee shall be paid 0.077 of a week's pay for each completed week of continuous service. (b) An employee whose employment terminates after he/she has completed a 12 monthly qualifying period and who has not been allowed the leave prescribed under this clause in respect of that qualifying period shall be given payment as prescribed in subclauses (1) and (3) of this clause in lieu of that leave or in a case to which subclause (5) of this clause applies, in lieu of so much of that leave as has not been allowed unless: (i) he/she has been justifiably dismissed for mis- conduct; and (ii) the misconduct for which he/she has been dismissed occurred prior to the completion of that qualifying period. (5) By mutual agreement an employee may be allowed to take the annual leave prescribed by this clause before the completion of 12 months' continuous service as prescribed by subclause (1) of this clause. (a) When an employee has proceeded on leave prior to the completion of the 12 months' continuous service the loading prescribed in subclause (3) shall be paid on a pro rata basis. (b) If the services of an employee terminate and he/she has taken a period of leave in accordance with this subclause and the leave so taken exceeds . the leave which would have come due pursuant to paragraph (a) of subclause (4) of this clause, the employee shall be liable to pay the difference. The employer may deduct this amount from money due to the employee by reason of other provisions of this Award at the time of termination. (6) If any award public holiday occurs during the period of an employee's annual leave, the leave shall be increased by one day for each such holiday occurring as aforesaid. (7) When computing the annual leave due under this clause no deduction shall be made from such leave in respect of the period an employee is on annual leave, long service leave observing a public holiday prescribed by this Award, absent through sickness with or without pay, except for that portion of an absence that exceeds three months, or absent on workers' compensation, except for that portion of an absence that exceeds six months in any year. (8) (a) All contact employees shall be entitled to one week's leave without loss of pay on two separate occasions during each year of service performed pursuant to this Award. (b) The leave prescribed in paragraph (a) of this subclause shall be given and taken at a time agreed by the employer and employee, provided that the first week's leave in any year shall commence between the beginning of the fifth month and the end of the' sixth month of service, and the second week's leave in any year shall commence between the beginning of the 11th month and the end of the 12th month of service. Except that in special circumstances, where it is agreed between the employer and employee, the leave prescribed in paragraph (a) may be given and taken at times other than those prescribed in this paragraph. (c) If. after one month's continuous employment, an employee lawfully terminates his/her employment or his/her employment is terminated by the employer through no fault of the employee, the employee shall be paid pro rata according to weeks of service for the special leave which would have accrued to the employee pursuant to this subclause. (d) If the services of an employee terminate and the employee has taken a period of leave in accordance with this clause and if the period ofleave so exceeds that to which the employee would become entitled pursuant to paragraph (a) of this subclause the employee shall be liable to pay the amount representing the difference between that taken and the amount which would have accraed in accordance with paragraph (c) of this subclause. The employer may deduct this amount from moneys due to the employee by reason of other provisions of this Award at the time of termination. (9) The provisions of this clause shall not apply to casual employees. 13.—Sick Leave. (1) (a) An employee shall be entitled to payment for non attendance on the ground of personal ill health or injury for one-sixth of a week's pay for each completed month of service. (b) Payment hereunder may be adjusted at the end of each accruing year or at the time the employee leaves 1082 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 69 W.A.I.G. the service of the employer in the event of the employee being entitled by service subsequent to the sickness in that year to a greater allowance than that made at the time the sickness occurred. (2) The unused portion of the entitlement prescribed in subclause (1) of this clause in any accruing year shall be allowed to accumulate and may be availed of in the next or any succeeding year. (3) In order to acquire entitlement to payment in accordance with this clause the employee shall, as soon as reasonably practicable, advise the employer of his/ her inability to attend for work, the nature of his/her 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. (4) No employee shall be entitled to the benefit of this clause unless he/she produces proof to the satisfaction of the employer or his/her representative of such sick- ness provided that the employer shall not be entitled to a medical certificate for absences of less than three consecutive working days unless the total of such absences exceeds five days in any one accruing year. (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 the employee is absent on annual leave, such employee may apply for and the employer shall grant paid sick leave in place of paid annual leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his/her place of residence or a hospital as a result of his/her personal ill health or injury for a period of seven consecutive days or more and he/she produces a certificate from a registered medical practitioner that the employee was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if the employee is unable to attend for work on the working day next following the period of annual leave. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time the employee proceeded on annual 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 (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual 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 annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 12.—Annual Leave of this Award. (e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 12.—Annual Leave of this Award, shall be deemed to have been paid with respect to the replaced annual leave. (6) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers' Compensation and Assistance Act 1981 nor to employees whose illness or injury is the result of the employee's own misconduct. (7) The provisions of this clause do not apply to casual employees. 14.—Long Service Leave. The conditions governing the granting of long service leave to government wages employees generally shall apply to employees covered by this Award. 15.—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 representative of the employees, is required to attend negotiations and/or conferences between the Union and employer. (iii) when prior agreement between the Union and employer has been reached for the employee to attend official Union meetings preliminary to negotiations or industrial hearings. (iv) who, as a Union nominated representative 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 by the absence of the employee or 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. 16.—Trade Union Training Leave. (1) Subject to the provisions of this clause: (a) The employer shall grant paid leave of absence to employees who are nominated by their union to attend short courses conducted by the Australian Trade Union Training Authority. (b) Paid leave of absence shall also be granted to attend similar courses or seminars as from time to time approved by agreement between the parties. (2) An employee shall be granted up to a maximum of five days' paid leave per calendar year for trade union training or similar courses or seminars as approved. However, leave of absence in excess of five days and up to 10 days may be granted in any one calendar year provided that the total leave being granted in that year and in the subsequent year does not exceed 10 days. (3) (a) Leave of absence will be granted at the ordinary rate of pay and shall not include shift allowances, penalty rates or overtime. 69 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1083 (b) Where a public holiday or rostered day off (including a rostered day off as a result of working a 38 hour week) falls during the duration of a course, a day off in lieu of that day will not be granted. (4) Subject to subclause (3) of this clause, shift employees attending a course shall be deemed to have worked the shifts they would have worked had leave not been taken to attend the course. (5) The granting of leave pursuant to the provisions of subclause (1) of this clause is subject to the operation of the organisation not being unduly affected and to the convenience of the employer. (6) (a) Any application by an employee shall be submitted to the employer for approval at least four weeks before the commencement of the course, provided that the employer may agree to a lesser period of notice. (b) All applications for leave shall be accompanied by a statement from the relevant union indicating that the employee has been nominated for the course. The application shall provide details as to the subject, commencement date, length of course, venue and the authority which is conducting the course. (7) A qualifying period of 12 months in government employment shall be served before an employee is eligible to attend courses or seminars of more than one half day duration. An employer may, where special circumstances exist, approve an application to attend a course or seminar where an employee has less than 12 months' government service. (8) (a) The employer shall not be liable for any expenses associated with an employee's attendance at trade union training courses. (b) Leave of absence granted under this clause shall include any necessai7 travelling time in normal working hours immediately before or after the course. 17.—Maternity Leave. (1) Eligibility for Maternity Leave: An employee who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer immediately preceding the date upon which she proceeds upon such leave. For the purposes of this clause: (a) "Employee" shall include a part-time employee but shall not include an employee engaged upon casual or seasonal work. (b) "Maternity Leave" shall mean unpaid maternity leave. (2) Period of Leave and Commencement of Leave: (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an unbroken period of from 12 to 52 weeks and shall include a period of six weeks' compulsory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement. (b) An employee shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement. (c) An employee shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to commence maternity leave, stating the period of leave to be taken. (d) An employee shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date. (3) Transfer to a Safe-Job: Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. If the transfer to a safe job is not practicable, the employee may. or the employer may require the employee to. take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8). (9) and (10) hereof. (4) Variation of Period of Maternity Leave: (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may. with the consent of the employer, be shortened by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of Maternity Leave: (a) Maternity Leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child. (b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the employee to the employer that she desires to resume work. (6) Special Maternity Leave and Sick Leave: (a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then: (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, or (ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly qualified medical practitioner certifies as necessary before her return to work. (b) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) An employee returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which she held immediately before 1084 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 69 W.A.I.G. proceeding on such leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position. (7) Maternity Leave and Other Leave Entitlements: Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks: (a) An employee may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during her absence on maternity leave. (8) Effect of Maternity Leave on Employment: Notwithstanding any award, or other provisions to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of the award. (9) Termination of Employment: (a) An employee on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award. (b) An employer shall not terminate the employment of an employee on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected. (10) Return to Work After Maternity Leave: (a) An employee shall confirm her intention of returning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave. (b) An employee, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave, or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position. (11) Replacement Employees: (a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave. (b) Before an employer engages a replacement employee under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced. (c) Before an employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement employee. (e) A replacement employee shall not be entitled to any of the rights conferred by this clause except where her employment continues beyond the 12 months qualifying period. 18.—Compassionate Leave. (1) An employee shall, on the death within Australia of a spouse, de facto spouse, father, mother, parent-in- law, brother, sister, child or stepchild, be entitled, on notice, of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary working days. Proof of such death shall be furnished by the employee to the satisfaction of his/her employer. (2) Provided that payment in respect of compassionate leave is to be made only where the employee otherwise would have been on duty and shall not be granted in any case where the employee concerned would have been off duty in accordance with his/her roster or on long service leave, annual leave, sick leave, workers' compensation, leave without pay or on a public holiday. 19.—Salaries and Wages. (1) Column B shall apply to employees of a College. Column A shall apply to all other employees. (a) Child Care Workers Column Column A B $ per $ per annum annum First year of experience 16 493 15 700 Second year of experience 18 403 17 518 Third year of experience 19 458 18 523 Fourth year of experience 20 511 19 525 Fifth year of experience 21 555 20 519 (b) Child Care Aides $ per $ per hour hour First year of experience 8.70 8.28 Second year of experience 8.90 8.47 Third year of experience 9.10 8.66 Fourth year of experience and thereafter 9.36 8.91 (c) Junior Child Care Aides: Junior Child Care Aides shall be paid the following percentage of the Child Care Aide rate as prescribed in sub- clause (2) of this clause in his/her first year of service. under 17 years of age 60 per cent under 18 years of age 70 per cent under 19 years of age 90 per cent at 19 years of age 100 per cent (d) Senior Child Care Worker $ Per $ Per Annum Annum First year of experience 20 734 19 737 Second year of experience 21 901 20848 Third year of experience 23 068 21 959 Provided that a Child Care Worker on the fifth year of experience when appointed to a Senior Child Care Worker position shall be paid the second year of experience rate. (e) Cook Column Column A B $ per $ per week week First year of experience 330.60 314.60 Second year of experience 338.20 321.90 Third year of experience 345.80 329.10 Fourth year of experience 355.70 338.60 69 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE (2) The annual salary shall be divided by 52.16 for the purposes of adjustment and payment of the weekly salary, by 26.08 for fortnightly salary and by 12 for a monthly salary. (3) It is a term of this Award that the Union undertakes, until 1 July 1989, not to pursue any extra claims, award or overaward, except when consistent with the State Wage Principles. 20.—District Allowances. (1) For the purposes of this clause the following terms shall have the following meaning: "Dependant" in relation to an employee means: (a) a spouse; or (b) where there is no spouse, a child or any other relative resident within the State who relies on the employee for their main support; who does not receive a district or location allowance of any kind. "Partial Dependant" in relation to an employee means: (a) a spouse; or (b) where there is no spouse, a child or any other relative resident within the State who relies on the employee for their main support; who receives a district or location allowance of any kind less than that applicable to an employee without dependants under any award, agreement or other provision regulating the employment of the partial dependant. "Spouse" means an employee's spouse including defacto spouse. "Defacto Spouse" means a person of the opposite sex to the employee who lives with the employee as the husband or wife of the employee on a bona fide domestic basis, although not legally married to that person. (2) For the purpose of this clause, the boundaries of the various districts shall be as described hereunder. District: 1. The area within a line commencing on coast; thence east along latitude 28 to a point north of Tallering Peak; thence due south to Tallering Peak; thence southeast to Mt Gibson and Burracoppin; thence to a point southeast at the junction of latitude 32 and longitude 119; thence south along longitude 119 to coast. 2. That area within a line commencing on the south coast at longitude 119 then east along the coast to longitude 123; then north along longitude 123 to a point on latitude 30; thence west along latitude 30 to the boundary of No. 1 District. 3. The area within a line commencing on coast at latitude 26; thence along latitude 26 to longitude 123; thence south along longitude 123 to the boundary of No. 2 District. 4. The area within a line commencing on the coast at latitude 24; thence east to the South Australian border; thence south to the coast; thence along the coast to longitude 123; thence north to the intersection of latitude 26; thence west along latitude 26 to the coast. 5. That area of the State situated between the latitude 24 and a line running east from Carnot Bay to the Northern Territory border. 6. That area of the State north of a line running east from Carnot Bay to the Northern Territory border. (3) An employee shall be paid a district allowance at the standard rate prescribed in Column II of subclause 1085 (6) of this clause, for the district in which the employee's headquarters is located. Provided that where the employee's headquarters is situated in a town or place specified in Column III of subclause (6), the employee shall be paid a district allowance at the rate appropriate to that town or place as prescribed in Column IV of subclause (6). (4) An employee who has a dependant shall be paid double the district allowance prescribed by subclause (3) of this clause for, the district, town or place in which the employee's headquarters is located. (5) Where an employee has a partial dependant the total district allowance payable to the employee shall be the district allowance prescribed by subclause (3) of this clause plus an allowance equivalent to the difference between the rate of district or location allowance the partial dependant receives and the rate of district or location allowance the partial dependant would receive if he or she was employed in a full-time capacity under the Award, Agreement or other provision regulating the employment of the partial dependant. (6) The weekly rate of District Allowance payable to employees pursuant to subclause (3) of this clause shall be as follows: Column I Column II Column III Column IV District Standard Exceptions to Rate Rate Standard Rate S per week Town or Place S per week 6 40.40 Nil Nil 5 33.00 Fitzroy Crossing 44.50 Halls Creek Turner River Camp Nullagine Liveringa (Camballin) 41.30 Marble Bar Wittenoom Karratha 36.40 Port Hcdland 36.20 4 16.60 Warburton Mission . 44.70 Carnarvon 15.70 3 10.50 Meekatharra 16.60 Mount Magnet Wiluna Laverton Leonora Cue 2 7.50 Kalgoorlie 2.50 Boulder Ravensthorpe 900 Norseman Salmon Gums Marvel Loch Esperance 1 Nil Nil Nil (Note: In accordance with subclause (4) of this clause employees with dependants shall be entitled to double the rate of district allowance shown.) The allowances prescribed in this subclause shall operate from the beginning of the first pay period commencing on or after 1 January 1988. (7) When an employee is on approved annual recreation leave, the employee shall for the period of such leave, be paid the district allowance to which the employee would ordinarily be entitled. (8) When an employee is on long service leave or other approved leave with pay (other than annual recreational leave), the employee shall only be paid district allowance for the period of such leave if the employee, dependants or partial dependants remain in the district in which the employee's headquarters is situated. (9) When an employee leaves his or her district on duty, payment of any district allowance to which the employee would ordinarily be entitled shall cease after the expiration of two weeks unless the employee's dependant/s or partial dependant/s remain in the district or as otherwise approved by the employer. (10) Except as provided in subclause (9) of this clause, a district allowance shall be paid to any employee ordinarily entitled thereto in addition to reimbursement of any travelling transfer or relieving expenses or camping allowance. 1086 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 69 W.A.I.G. (11) Where an employee whose headquarters is located in a district in respect of which no allowance is prescribed in subclause (6) of this clause, is required to travel or temporarily reside for any period in excess of one month in any district or districts in respect of which such allowance is so payable, the employee shall be paid for the whole of such period a district allowance at the appropriate rate pursuant to subclauses (3), (4) or (5) of this clause, for the district in which the employee spends the greater period of time. (12) When an employee is provided with free board and lodging by the employer or a Public Authority the allowance shall be reduced to two-thirds of the allowance the employee would ordinarily be entitled to under this clause. (13) An employee who is employed on a part-time basis shall be entitled to district allowance on a pro rata basis. The allowance shall be determined by calculating the hours worked by the employee as a proportion of the full-time hours prescribed by the Award under which the employee is employed. That proportion of the appropriate district allowance shall be payable to the employee. (14) An employee who immediately prior to the 1st day of July 1988 was in receipt of district allowance at a rate which was greater than the amount to which the employee is entitled under this clause shall have the difference reduced in accordance with the following: (a) As from the first pay period commencing on or after 1 July 1988 the difference shall be reduced by 33 and one-third per cent; and (b) As from the first pay period commencing on or after 1 January 1989 the difference remaining between the amount being paid pursuant to (a) above and that to which the employee is otherwise entitled under this clause shall be reduced by 50 per cent; and (c) As from the first pay period commencing on or after 1 July 1989 payment shall be in accordance with the employee's entitlement under this clause. (15) The rates expressed in subclause (6) of this clause shall be adjusted every 12 months ending on 31 December in accordance with the official "Consumer Price Index" for Perth as published by the Australian Bureau of Statistics. The adjustment of rates shall be effective from the beginning of the first pay period to commence on or after the first day of January each year. 21.—Payment of Salaries and Wages. (1) Salaries/wages shall be paid fortnightly by bank deposit or cheque. (2) When an employee's contract of service has been terminated or the employee has resigned before the usual pay pay, the employee shall be paid all salaries/ wages, holiday pay and other moneys to which the employee may be entitled as soon as practicable after leaving the employer's service. (3) Subject to the provisions of this clause and Clause 6.—Contract of Service of this Award, no deduction shall be made from an employee's salary/ wage unless the employee has authorised such deduction in writing. (4) Notwithstanding the provisions of this clause, upon resignation, termination or dismissal of an employee the employer may recover any moneys legally owed to the employer from moneys due and payable to the employee, other than payment for notice given as per subclause (2) of Clause 6.—Contract of Service of this award, and payable to the employee at the time of termination. 22.—Deduction of Union Subscriptions. _ (1) The employer shall deduct 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 salary/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 subscriptions deducted, together with supporting documentation, to the relevant union party to this Award at such intervals as are agreed between the employer and the Union. 23.—Right of Entry. (1) Any officer of the Union authorised in writing by the Secretary of such union, on notifying the respondents or any authorised officer, shall have the right to converse with or interview employees covered by this Award during normal working hours. (2) Provided that such officer conducting any conversation or interview shall not hamper or otherwise hinder the employees in carrying out of their work. 24.—Posting of Award. A copy of this Award shall be posted in a suitable place by the employer where it shall be accessible to each and every employee. 25.—Time and Salary/Wages Records. (1) The employer shall keep or cause to be kept a time and salary/wages book or records in which shall be entered: (a) The name of each employee to whom this Award applies. (b) The nature of the work performed and the classification of the employee. (c) The hours worked each day. (d) The salary/wages and overtime (if any) paid to each employee. (2) Should the employer require a time book to be used employees shall record their starting and finishing times daily in the time book provided. (3) The time record with all entries therein shall be open for inspection by the Secretary or duly accredited official of the Union during the normal office hours of the employer. 69 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE (4) Computerised records of the information required shall be deemed to satisfy the provisions of this clause and shall be made available on request as soon as practicable. 26.—College Vacation Periods. Notwithstanding anything else contained in this Award: (1) An employee shall not be required to be present for duty on any day on which the centre is not open. (2) Subject to the provisions of subclause (3) of this clause each employee shall be paid their ordinary salary for any day on which the employee is relieved of the obligation to present his/herself for work. (3) In the event of the College requiring the child care centre to open for operation during a term or semester vacation when the centre does not ordinarily open the employee shall be paid for the ordinary hours worked at the rate of time and one half. (4) An employee who works for a minimum of four continuous weeks but less than an academic year shall be entitled to payment at the ordinary rate of pay for, or in lieu of the term and semester vacation periods related to that academic year on the basis of 0.3 of one week's wages for each academic week the employee was employed to work in the child care centre. Appendix — Schedule of Respondents. Hon Minister for Community Services 189 Royal Street East Perth WA 6000 Hon Minister for Health 189 Royal Street East Perth WA 6000 Hon Minister for Education 151 Royal Street East Perth WA 6000 Hedland College Forrest Close South Hedland WA 6722 Karratha College Millstream Road Karratha WA 6714 Kalgoorlie College Cassidy Street Kalgoorlie WA 6430 1087 PUBLIC SERVICE ARBITRATOR— AWARDS/AGREEMENTS— Variation of— CLERKS, (PUBLIC AUTHORITIES) AWARD No. A7 of 1987.