WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1979. Section 40.—Vary Award. The Federated Miscellaneous Workers' Union of Australia, Hospital, Service and Miscellaneous WA Branch and Hon Premier of Western Australia and Others. No. 674 of 1985. Cleaners and Caretakers Cleaning (Government) COMMISSIONER R.N. GEORGE. 28th day of February 1989. Order. HAVING heard Ms S. Jackson on behalf of the applicant and Mr G. Edwards on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— That the Cleaners and Caretakers (Government) Award No. 32 of 1975 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 1st day of January 1988. (Sgd.) R.N. GEORGE, [L.S.] Commissioner. Schedule. 1. Clause 2. — Arrangement: Immediately after the number and title "29. First Aid" add the number and title "30. Rostered Day Off (38 Hour Week)". 2. Clause 5. — Definitions: Delete subclauses (5) and (6) of this clause and insert the following in lieu: (5) "Part-time Employee" shall mean an employee engaged by the week and who regularly works a lesser number of hours than 38. (6) "Shift Employee" shall mean an employee who is rostered to work outside the ordinary hours of work as prescribed by Clause 7. — Hours of this award. (7) "Rostered Employee" shall mean an employee who is rostered to work day shift on any of the seven days of the week in accordance with Clause 7. — Hours of this award. 1100 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 69 W.A.I.G. (8) "Casual Employee" shall mean an employee who is engaged to work for less than one week (38 hours). (6) The ordinary working hours of security attendants shall be 76 per fortnight, such hours to be worked in not more than 12 shifts per fortnight and not more than 10 hours in any one shift and not more than one shift in every 24 hours. The employer may fix the number and duration of such shifts and the employee shall be given 48 hours' notice of any change of such shift, such hours to be worked in not more than 10 shifts per fortnight. (7) Lift attendants shall be allowed, at the convenience of the employer, a 15 minute interval without loss of pay during each half shift. (8) There shall be no fixed spread of hours for car park attendants. Provided that the ordinary working hours of car park attendants shall be 76 per fortnight to be worked in not more than 10 shifts per fortnight of eight hours each and not more than one shift in every 24 hours. 4. Clause 29. — First Aid: After this clause insert a new clause as follows: 30. — Rostered Day Off (38 Hour Week). (1) The rostered day off provided for in subclauses (1) and (2) of Clause 7. — Hours of this award shall be observed to suit the circumstances of the employer concerned. Provided that subject to subclause (3) of this clause, the rostered day off will normally be the first or last working day of the working week. (2) The calendar year will be divided into 13,20- day work cycles. During the year employees will be required to take one period of their annual leave to include the rostered day off duty for that particular work cycle. There will be no additional pay or leave in lieu of that rostered day off. Employees who have additional leave in lieu will only lose one rostered day off duty while on annual leave. (3) Where to meet the needs of the employer, an employee is required to work on his/her rostered day off as provided for in subclause (1) or (2) of Clause 7. — Hours of this award, no overtime will be paid and that employee will be re-rostered for another day off duty within 10 working days. The re-rostered day will be the first or last working day of the working week unless another day is agreed between the parties. (4) Employees who work a three-week roster will be rostered off duty on three occasions in a 12 week cycle. The rostered days off shall be on a Friday preceding the normal rostered weekend off duty and shall occur after three weeks, three weeks and six weeks. (5) The employer is responsible for the preparation and maintenance of the roster. (6) There will be no rostered day off duty applicable to employees whilst on long service leave nor any credit accumulated for such periods of leave. (7) Where an employee is rostered off duty on a particular day, he will not be entitled to claim either sick leave or compassionate leave in substitution for the rostered day off. (8) An employee on workers' compensation: (a) For a period of less than one complete 20 day work cycle shall accrue time towards a rostered day off. (b) For periods of one or more complete 20 day work cycle shall not accrue time towards a rostered day off. (c) For a period of less than one complete 20 day work cycle and a rostered day off falls within the period, the employee will not be re-rostered for an additional day off. (9) There will be no rostered days off duty applicable to employees whilst on workers' compensation, or leave without pay. (10) An employee shall accrue an entitlement of 24 minutes per day whilst on sick leave towards his rostered day off. However, his sick leave entitlement will be debited by eight hours. (11) No higher duties allowances will be payable to employees when required to act in another position whilst the permanent occupant is on a rostered day off duty. (12) There will be no entitlement to payment for time accrued towards a rostered day off on either termination or dismissal, nor will there be any requirements to accumulate a full credit prior to being entitled to a rostered day off. (13) Overtime provisions will not apply until after eight hours have been worked on each day, or in the case of part-time employees until after the hours normally worked on that day. (14) Implementation of the 38 hour week for full-time employees shall be applied to part-time employees on a proportional basis. (15) Any dispute concerning rosters shall be referred to a meeting of the employer and the Union. (16) There will be no rostered days off duty applicable to employees whilst on leave without pay. (17) The provisions of this clause do not apply to casual employees. CLERKS' (WHOLESALE AND RETAIL ESTABLISHMENTS) AWARD No. 38 of 1947.