WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1979. Section 40 — Variation of an Award. Western Australian Coastal Shipping Commission and Others and Federated Clerks' Union of Australia. , Industrial Union of Workers. WA Branch No. P73 of 1988. Clerks State Government Administration COMMISSIONER G.L. FIELDING. 16th day of March 1989. Order. HAVING heard Mr J.A. Lange on behalf of the Applicants and Miss J.G. Barnesby on behalf of the Respondent, the Commission, constituted by the Public Service Arbitrator, pursuant to the powers conferred on it under the Industrial Relations Act 1979. having satisfied itself that the terms of the General Order of the Commission No. 730 of 1988. dated 9 September 1988 have been complied with, and by consent, hereby orders: That the Clerks' (Public Authorities) Award No. A7 of 1987 as amended be further amended in accordance with the following Schedule with effect from the beginning of the first pay period commencing on or after this day. except where otherwise specified. (Sgd.) G.L. FIELDING. [L.S.] Public Service Arbitrator. Schedule. 1. Clause 18. — Shift Work: Delete this clause and insert in lieu thereof: 18. — Shift Work. (1) The provisions of this clause shall only apply to officers employed by the Lotteries Commission. (2) Definitions: For the purpose of this clause the following expressions shall have the following meaning: "Day Shift" means a shift commencing after 6.00 a.m. and before 12.00 noon. "Afternoon Shift" means a shift commencing at or after 12.00 noon and before 6.00 p.m. "Night Shift" means a shift commencing at or after 6.00 p.m. and before 6.01 a.m. "Commission" means the Lotteries Commission of Western Australia. (3) Shift Work Allowance (a) An officer required to work an afternoon or night shift of seven and a half hours shall, in addition to the ordinary rate of salary, be paid the allowance specified in Schedule H for each afternoon or night shift worked. 1088 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 69 W.A.I.G. (b) Work performed during ordinary rostered hours on Saturdays or Sundays shall be paid for at the rate of time and one half and on Public Service holidays at double time and one half. These rates shall be paid in lieu of the allowance prescribed in sub-paragraph (a) of this clause. Provided that in lieu of the foregoing provisions of this sub-paragraph and subject to agreement between the Commission and the officer, work performed during ordinary rostered hours on a Public Service holiday shall be paid for at the rate of time and one half and the officer may, in addition, be allowed a day's leave with pay to be added to annual leave or to be taken at some other time within a period of one year. (c) An officer rostered off duty on a Public Service holiday shall be paid at ordinary rates for such day or, subject to agreement between the Commission and the officer, be allowed a day's leave with pay in lieu of the holiday to be added to the officer's next annual leave entitlement or taken at a mutually convenient time within a period of one year. (d) An officer engaged on shift work who is rostered to work regularly on Sundays and/or Public Service holidays shall be entitled one weeks leave in addition to the officer's normal entitlement to annual leave of absence for recreation. (e) Additional leave provided by sub- paragraphs (b) and (c) of this clause shall not be subject to the annual leave loading prescribed by Clause 7(g) of this award. (f) Work performed by an officer in excess of the ordinary hours of the officer's shift or on a rostered day off shall be paid for in accordance with the provisions of Clause 19. — Overtime of this award. (g) (i) When an officer begins or ceases a shift between the hours of 11.00 p.m. and 7.00 a.m. and no public transport is available, the officer shall be reimbursed the appropriate rate of hire prescribed by Schedule C if the officer uses a private motor vehicle or motor cycle for the journey between the officer's residence and the Commission's headquarters and the return journey from the Commission's headquarters to the officer's residence. Provided, however, that any officer who elects to be permanently retained on a fixed or non-rotating shift that begins or ceases between or on the hours of 11.00 p.m. and 7.00 a.m. shall not be eligible to claim this reimbursement. (ii) The provisions of this subclause shall only apply to officers working within a radius of 50 km of the Perth Central Railway Station. (4) Hours of Duty and Rosters (a) An officer engaged on shifts shall work a 75 hour fortnight, exclusive of meal intervals, on the basis of no more than 10 shifts per fortnight of not more than seven and one half hours duration. Provided that where agreement is reached between the Commission and the Union the length and/or number of shifts worked per fortnight may be altered. Provided further that when the agreed length of shift is extended past seven and one half hours, overtime shall be payable only for the time worked in excess of the rostered shift. Except that whenever an agreed alteration to the number of hours per shift has occurred then the allowance per shift shall be varied on a pro rata basis to reflect the increase beyond seven and one half hours. (b) Meal breaks shall be for a period of at least 30 minutes, but not greater than one hour for each meal. (c) Officers may be rostered to work on any of the seven days of the week provided that in any roster period, no officer shall be rostered for more than six consecutive days. Provided that where agreement is reached between the Union and the Commission, shift workers may be exempted from this provision. (d) The roster period shall commence at the beginning of a pay period and continue for 14 consecutive days. Rosters shall be available to officers at least seven clear working days prior to the commencement of the roster. (e) A roster may only be altered on account of contingency which the commission could not have been reasonably expected to foresee. When a roster is altered, the officer concerned shall be notified of the changed shift 24 hours before the changed shift commences. Provided that where such notice is not given, the officer shall be paid overtime in accordance with Clause 19. — Overtime for the duration of the changed shift. This provision shall not apply to an officer who was absent from duty on the officer's last rostered shift. (1) An officer shall not be rostered for duty until at least 10 hours have elapsed from the time the officer's previous rostered shift ended. (g) An officer shall not be retained permanently on one shift unless the officer so elects in writing. (h) Officers shall be allowed to exchange shifts or days off with other officers provided the approval of the Commission has been obtained and provided further that any excess hours worked shall not involve the payment of overtime. 2. Schedule H: (A) Delete the amount of $10.07 and insert in lieu thereof the amount of $10.38. (B) Delete the amount of $10.38 and insert in lieu thereof the amount of $10.63 with effect from 3 April 1989. 69 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE CLERKS' (PUBLIC AUTHORITIES) AWARD CLERKS' (PUBLIC AUTHORITIES) AWARD No. A7 of 1987 No. A7 of 1987 WESTERN AUSTRALIAN