WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Section 40. The Federated Miscellaneous Workers' Union of Australia, Hospital, Service and Miscellaneous WA Branch and The Spastic Welfare Association of WA Inc. No. 614 of 1987. TRAINING ASSISTANTS AND COMMUNITY SUPPORT STAFF (SPASTIC WELFARE) AWARD No. A16 of 1986. Training Assistants Private Health Care and Community Support Staff COMMISSION IN COURT SESSION. CHIEF COMMISSIONER W.S. COLEMAN COMMISSIONER G.L. FIELDING COMMISSIONER J.A. NEGUS. 5th day of October 1988. Order. HAVING heard Ms S. Jackson on behalf of the Applicant and Mrs P.E. Bentley on behalf of the Respondents and Mr T. Cooke on behalf of Trades and Labour Council of Western Australia, the Commission in Court Session, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders — That the Training Assistants and Community Support Staff (Spactic Welfare) Award No. A16 of 1986 be varied in accordance with the following Schedule and that such variation shall have effect from the first pay period on or after 14 July 1988. By the Commission in Court Session. (Sgd.) W. S. COLEMAN, [L.S.] Chief Commissioner. Schedule. 1. (a) Clause 5.—Annual Leave: Delete subclause (2) of this clause and insert the following in lieu thereof: (2) (a) Prior to commencing leave each employee shall be paid for that period of leave at the rate of wage shown in Clause 14.—Wages of this award for the class of work and in addition be paid a loading of 17.5 per cent of that wage. (b) Provided that the 17.5 per cent loading prescribed by this subclause shall not be paid on proportionate annual leave on termination. (b) Clause 5.—Annual Leave: Delete subclause (4) of this clause and insert the following in lieu thereof: (4) (a) The annual leave prescribed in subclause (1) of this clause may be split into more than one portion: (i) Where the 12 accrued days off are taken in conjunction with annual leave, by the employee once per annum provided that no portion is less than two weeks. (ii) By agreement between the employer and employee. (c) Delete subclause (5) of this clause and insert the following in lieu thereof: (5) Any time in respect of which an employee is absent from work, except time for which that employee is entitled to claim paid sick leave or unpaid sick leave up to three months, or the first calendar month of any absence on workers' com- pensation, or any absence on annual leave, long service leave, compassionate leave or unpaid standdown time during school vacation periods shall not count for the purpose of determining annual leave entitlements. 2. Clause 6.—Hours: Delete subclause (1) of this clause and insert the following in lieu thereof: (1) The ordinary hours of duty shall be an average of 38 per week with the hours actually worked being 40 per week or 80 per fortnight at the option of the employer. Except where provided elsewhere, the ordinary hours shall be worked with two hours of each week's work accruing as an entitlement to a maximum of 12 accrued days off in each 12 month period. The accrued days off shall be taken: (a) in a minimum period of one week made up of five consecutive accrued days off in conjunction with a period of annual leave; or (b) at a time mutually acceptable to the employer and the employee; or (c) as single day absences at a time suitable to the employer and subject to 48 hours clear notice given to the employee. 68 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2677 3. Clause 13.—Payment of Wages: Delete paragraph (a) of subclause (2) of this clause and insert the following in lieu thereof: (2) (a) (i) Where the employer rquires the employee to establish an account for the purpose of receiving his/her wages the employee shall pay the costs associated with the establish- ment and maintenance of such accounts. (ii) The employer may require such an account to be established at a major bank or building society. 4. Clause 14.—Wages: Delete this clause and insert the following in lieu thereof: 14.—Wages. (1) The minimum weekly rate of wage payable to employees covered by this award shall be: $ First year of employment 338.50 Second year of employment 349.40 Third year of employement 363.50 Fourth year of employment 375.10 (2) Senior Community Support Staff: Employees who are required to co-ordinate the activities of community Support Staff shall be designated as Senior Community Support Staff and they shall be paid an in-charge allowance of $624 per annum in addition to the rates of pay specified in subclause (1) of this clause. (3) Junior Training Assistants and Community Support Staff: A Junior Training Assistant or Community Support Assistant shall be paid the following percentage of the rate prescribed for a Training Assistant in her first year of employment. % At or under 17 years of age 70 At 18 years of age 80 At 19 years of age 90 At 20 years of age Adult Rates (4) An employee who has had previous experience relevant to employment covered by this award may have that experience taken into account in deter- mining the year of employment at which an employee is appointed and paid. (5) A casual employee shall be paid 20 per cent in addition to the rates prescribed in this clause. (6) Where the term' 'year of employment'' is used in this clause, it shall mean all service whether full- time or part-time and regardless of the class of work with that employer. Such service shall be calculated in periods of calendar years from the date of commencement of work with the employer and by automatic progression subject to satisfactory service. Provided that in determining the rate of wage of an employee 19 years of age and over, service prior to attaining the age of 19 years shall not be counted in determining the total service of an employee for the purposes of this clause. (7) The hourly rate shall be calculated by dividing the weekly rate herein by 40.