WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1979. The Australian Nursing Federation Industrial Union of Workers and Red Cross Society, WA Division. No. 598 of 1989. COMMISSION IN COURT SESSION SENIOR COMMISSIONER G.G. HALLIWELL COMMISSIONER J.A. NEGUS COMMISSIONER S.A. KENNEDY 25th day of August 1989. Order. HAVING heard Ms J. Ardern on behalf of the Applicant and Ms B. Fitzgerald on behalf of the Respondent, and by consent, the Commission in Court Session, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— That the Nurses' (Red Cross Blood Transfusion Service) Award of 1979, No. 16 of 1979 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 September 1989. By the Commission in Court Session. (Sgd.) G.G. HALLIWELL, [L.S.] Senior Commissioner. Schedule. 1. Clause 2. — Arrangement: Immediately after Clause 23. — Leave Without Pay insert new heading — Appendix. 2. Clause 8. — Annual Leave and Holidays: Delete this clause and insert in lieu thereof the following: 8.—Annual Leave and Holidays. (1) An employee, other than a casual, shall be entitled to four weeks' leave with pay after each 12 months' continuous service. (2) An employee who is required to remain on call on any of the days prescribed in subclause (8) of this clause shall be entitled to an additional day of leave for such days. (3) Payment for such leave shall be at the ordinary rate including any allowances, in addition thereto, an amount equal to 17.5 per cent of the total amount shall be paid at the time the worker proceeds on leave. (4)(a) Where, after one month's service in any 12 months' accrual period, an employee's services are lawfully terminated through no fault of the employee, she/he shall be paid 2.92 hours' pay at .her/his ordinary rate including any allowances for each completed week of service together with payment for any additional days as.prescribed in subclause (2) of this clause. (b) In addition to any payment to which she/he may be entitled under paragraph (a) of this subclause, an employee whose employment terminates through no fault of the employee after she/he has completed a 12 month accrual period and who has not taken leave in respect of that qualifying period, shall be given payment in lieu of that leave in accordance with subclause (3) of this clause together with payment for any additional days as prescribed in subclause (2) of this clause. (5) By consent between the employer and employee, the leave referred to in this clause may be taken in single days. (6) Any time in respect of which an employee is absent from work except paid sick leave, the first three months of unpaid sick leave, the first month of workers' compensation leave, long service leave and compassionate leave, shall not count in accruing annual leave. (7) Leave shall be allowed as soon as practicable after falling due and shall be cleared within the year following its accrual. (8) The following days shall be allowed as holidays without loss of pay — New Year's Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, State Foundation Day, Queen's Birthday, Christmas Day and Boxing Day, together with such other days as may be allowed as holidays to technical staff employed by the Blood Transfusion Service. (9) Any annual leave entitlement as at 1 July 1985 shall be adjusted in hours in the ratio of 38 to 40. (10) There shall be no accrual towards an Accrued Day Off during any period of annual leave. 3. Clause 19. — Wages: Delete this clause and insert in lieu thereof the following: 19—Wages. An employer on whom this award is binding shall not increase the rate of wage payable to an employee on 9 September 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. The minimum rates of pay for employees covered by this award shall be: Per Week $ (1) Enrolled Nurse: 1st year of experience 375.70 2nd year of experience 380.40 3rd year of experience 390.90 Special Class 409.70 (The appointment of "Special Class" shall be at the discretion of the employer which may be exercised to recognise special skills or responsibilities not usually required of an enrolled nurse) (2) Registered General Nurse: 1st year of experience 428.20 2nd year of experience 442.60 3rd year of experience 459.90 4th year of experience 489.20 5th year of experience 503.80 6th year and thereafter 520.80 (3) Charge Nurse: 1st year of experience 523.00 2nd year of experience 535.30 3rd year of experience 546.80 4th year of experience 560.20 5th year of experience 571.70 (4) Director of Nursing: 1st year of experience 591.70 2nd year of experience 606.00 3rd year of experience 621.20 Thereafter 638.70 69 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3i 15 (5) A registered general nurse who is required by the employer to perform clinical instruction of nurses shall be paid an allowance per week equal to the difference between the 6th year rate set out in (2) hereof and the 1st year rate set out in (3) hereof. (6) A registered general nurse who is required to exercise "In Charge" responsibilities in connection with mobile clinics when there is no other charge or supervisory nurse on duty shall be paid an allowance calculated in accordance with (5) hereof. (7) A nurse classified as a registered general nurse who completes a Bachelor of Applied Science in Nursing, or equivalent nursing degree, shall be given accelerated progression of 12 months through the incremental scale. Provided that a degree qualified nurse entering the workforce without clinical experience shall start at increment 1. At the completion of 12 months' service that nurse shall accelerate one increment. 4. Appendix: Immediately after Clause 23. — Leave Without Pay insert new Appendix as follows: Appendix. 1. The parties are committed to a review of the present rostering arrangements as part of the four per cent second tier agreement. 2. Further to the above, and acknowledging provisions of the existing Hours and Rostering clause of this award, the parties agree to examine variations to existing rostering arrangements. These new arrangements will be designed to im- prove productivity and efficiency in the workplace and enhance patient care. 3. The arrangements to be considered shall include: (a) actual hours of 38 hours per week or 76 hours per fortnight. (b) a four week cycle of 19 days of eight hours each with 0.4 of one hour each day worked accruing as an entitlement to take the 20th day in each cycle as a day off and paid for as though worked. (c) actual hours of 76 hours over nine days per fortnight with the 10th day to be taken as an unpaid rostered day off. (d) actual hours of 40 per week or 80 per fortnight with two hours of each week's work accruing as an entitlement to a maximum of 12 days off in each 12 month period. (e) any other method as agreed between the employer and the union. 4. The employer shall notify employees of any proposed roster changes no less than 30 days prior to the proposed date of implementation. 5. The proposed roster variations for each site or subsite shall be explained to the employees concerned at the time of notification of change. The affected parties (i.e. site management and employees) will then consult with each other with a view to agreeing to the proposed roster. 6. Where agreement cannot be reached, the issues may be referred to the