Award 1989 was made. The parties to that award are the Federated Miscellaneous Workers' Union of Australia, Hospital, Service and Miscellaneous WA Branch as the v the Minister for Education and "others" as
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APPLICANT: Award 1989 was made. The parties to that award are the Federated Miscellaneous Workers' Union of Australia, Hospital, Service and Miscellaneous WA Branch as the
RESPONDENT: the Minister for Education and "others" as
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WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1979. Section 23.—New Award. The Civil Service Association of Western Australia Incorporated and Karratha, Hedland and Kalgoorlie Colleges. No. A14 of 1983. Salaried Officers Educational Services COMMISSIONER G.L. FIELDING. 20th day of March 1989. First Award — similar conditions to Public Service — reflects current conditions — no additional costs — current operative date — by consent — Award issued. Reasons for Decision (Given extemporaneously at the conclusion of the submissions, taken from the transcript as edited by the Commissioner). THE COMMISSIONER: This is an application which was commenced as long ago as 1983 for a first award to cover the non-academic salaried officers employed by the various colleges constituted under the Colleges Act of this State. The negotiations have been ongoing for a very long time as is evidenced by the fact that the claim was launched almost six years ago. Nonetheless, thankfully the parties have now reached a position where they are able to come to the Commission to seek an award which is a consent award in every respect. The tradition has been for the non-academic salaried officers employed by the three colleges constituted under the Colleges Act — they being the Kalgoorlie College, the Karratha College and the Hedland College — to be employed on the basis of the conditions of employment applying to officers in the Public Service of this State. All that this Award seeks to do is to reflect those conditions. The evidence is, and 1 accept it without any reservation, that the making of this Award will simply formalise existing arrangements. It will not add to the existing costs of employing the salaried officers in any of these colleges. It is an Award which dearly meets the First Awards Principle under the State Wage Principles and it is therefore an Award which can be made without any further ado. I thus indicate to the parties, that I am prepared to make the Award substantially in the terms in which the amended schedule now shows the claim to be. I would suggest however, that there should be a change to the scope of the Award. The Award in its proposed form says that it shall operate "throughout the State of Western Australia" and "shall apply to all non- academic salaried officers employed by the Respondents" named in the schedule only. Those respondents are the three colleges to which I have referred. However, on 23 February 1989, again by consent, a first award known as the Childrens Services (Government) Award 1989 was made. The parties to that award are the Federated Miscellaneous Workers' Union of Australia, Hospital, Service and Miscellaneous WA Branch as the Applicant and the Minister for Education and "others" as Respondents. Amongst those "others" were the three colleges, the subject of this Award. There would therefore seem to me to be a conflict between that Award and this, unless some change was made to the scope of this proposed Award. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 69 W.A.I.G. 1420 My recollection is that, so that the Federated Miscellaneous Workers" Union could make the claim for the Childrens Services (Government) Award without objection, the Civil Service Association withdrew an objection it had lodged in the early stages of that application. The Association and the Federated Miscellaneous Workers' Union reached some agreement with respect to child care workers and others who were to be covered by the Childrens Services (Government) Award and it therefore seems to me that there should be some adjustment to the area and scope of the proposed Award. Sensibly the parties have now agreed that the scope should be amended to exclude from the operation of the proposed Award child care workers and senior child care workers covered by the Childrens Services (Government) Award. When that is done there is no apparent conflict between the two Awards. Also the parties propose to insert a Clause 33 into the Award which would have given them liberty to amend the Award at large. I think the kindest thing that one can say about that proposed clause is that it is unusual. Again the parties at my suggestion have agreed that that clause should be deleted. The agreed document presented to the Commission shows on call and shift allowances which are now out of date. In fact and the parties are agreed that they should be increased to reflect the current rate being paid so that the on call allowance of $2.28 which was to have been included in the Award, should be deleted and substituted by the figure $2.33. The shift allowance which is currently proposed to be $10.38 should be $10.63. Both those changes are consequential upon the recent State Wage Case which envisaged an increase in the rates of remuneration for these officers effective from 20 March 1989. The changes proposed by the parties to the draft docu ment do not therefore offend the Principles. The parties are agreed that the Award should operate with the first pay period on or after 20 March 1989. On that basis I reiterate that I am prepared to make the Award in the terms sought. Appearances: Mr S.B. Newman on behalf of the Applicant. Miss A.S. Zanardo on behalf of the Respondents.