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 Powerclean Services. No. 1038 of 1987. HOSPITAL WORKERS (CLEANING CONTRACTORS PRIVATE HOSPITALS) AWARD No. 2 of 1977. Various Private Health Care BEFORE THE 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 the Trades and Labor 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 Hospital Workers (Cleaning Contractors Private Hospitals) Award No. 2 of 1977 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. W.S. COLEMAN, Chief Commissioner. Under 17 years of age 60 At 17 years of age 70 At 18 years of age 80 At 19 years of age 100 (2) General Conditions. (a) The ordinary wages of any employee, placed in charge of three or more employees, shall be increased by $13.50 per week. (b) Where the term "year of employment" is used in this clause, it shall mean all service whether full-time or part-time and regard- less 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 determin- ing the total service of an employee for the purpose of this clause. (c) A casual employee shall be paid a loading of 25 per cent over the rates specified in this clause. (d) The hourly rate shall be calculated by dividing the weekly rate herein expressed by 40. Schedule. 1. Clause 7.—Hours: Delete subclause (1) of this clause and insert the following in lieu thereof: (1) Subject to the provisions of this award, 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 to be worked in shifts of no more than 10 hours per day on any five days of the week or 10 days of the fortnight. Except where provided elsewhere, the ordinary hours shall be worked — (a) 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 day(s) off shall be taken: (i) in a minimum period of one week made up of five consecutive accrued days off in conjunction with a period of annual leave; or (ii) at a time mutually acceptable to the employer and the employee; or (iii) as single day absences at a time suitable to the employer and subject to 48 hours clear notice given to the employee in accordance with Clause 8.— Rosters of this award. 2. Clause 10.—Overtime: Delete subclause (4) of this clause and insert the following in lieu thereof: (4) Where an employee is required to work overtime and such overtime is worked for a period of at least two hours in excess of the required daily WESTERN AUSTRALIAN INDUSTRIAL GAZETTE W.A.I.G. hours of work the employee shall be provided with a meal free of cost or shall be paid the sum of $4.30 as meal money. This subclause shall not apply where the employee has been advised of the necessity to work overtime on the previous day or earlier. 3. (a) Clause 15.—Annual Leave: Delete subclause (1) of this clause and insert the following in lieu thereof: (1) (a) Except as hereinafter provided a period of six consecutive weeks' leave shall be allowed to an employee by the employer after each period of 12 months' con- tinuous employment with such employer. (b) Notwithstanding the provisions of paragraph (a) of this subclause an employee employed regularly in a non-client related position who is not required to be available to work on any public holiday named in Clause 15A.—Public Holidays of this award, shall be provided a period of four consecutive weeks' leave after each period of 12 months' continuous employment with such employer. Provided that such an employee shall be paid in accordance with subclause (3) of Clause ISA.—Public Holidays of this award for all public holidays. (c) Where pursuant to paragraph (3) of subclause 2.—Long Service of the Long Service Leave provisions published in Volume 64 of the Western Australian Industrial Gazette at pages one to four the period of continuous service which an employee has had with the transmitter (including any such service with any prior transmitter) is deemed to be service of the employee with the transmittee then that period of continuous service shall be deemed to be service with the transmittee for the purposes of this subclause. (b) Clause 15.—Annual Leave: Delete subclause (2) of this clause and insert the following in lieu thereof: (2) Prior to commencing leave each worker shall be paid for that period of leave as follows: (a) At the wage the employee would have received had she/he not proceeded on leave. In the case of rostered employees that wage shall include the shift work and the weekend penalties that employee would have received had he/she not proceeded on leave. Where it is not possible to calculate the shift and weekend penalties the employee would have received the employee shall be paid the average of such payments made each week over the four weeks prior to taking the leave; or (b) At the rate of wage shown in Clause 32.—Wages of this award for his/her class of work and in addition to be paid a loading of 17.5 per cent of that wage for two- thirds of any leave due in each year and for the remaining one-third of the leave due in each year be paid according to paragraph (b) of this subclause, whichever is the greater. (c) Provided that employees to whom subclause (5) of this clause applies may be paid a loading of 17.5 per cent for five-sevenths of any leave due in each year in lieu of the two- thirds of any leave due in each year. (d) Provided further that the 17.5 per cent loading prescribed by this subclause shall not be paid on pro- portionate annual leave on termination. (c) Clause 15.—Annual Leave: Delete paragraph (а) of 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 employer once per annum provided that no portion is less than two weeks. (ii) By agreement between the employer and employee. (d) Clause 15.—Annual Leave: Delete subclause (б) of this clause and insert the following in lieu thereof: (6) 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' compensation, or any absence on annual leave, long service leave or compassionate leave, shall not count for the purpose of determining annual leave entitlements. 4. Clause 15A.—Public Holidays: Immediately following subclause (2) of this clause insert the following: (3) An employee who is not required to work on any public holiday named in this clause or day observed in lieu thereof, shall be entitled to a day's leave and shall be paid the ordinary rate of wage the employee would receive for the hours usually worked. 5. (a) Clause 20.—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 requires the employee to establish an account for the purpose of receiving his/her wages the employee shall pay the costs associated with the establishment and main- tenance of such accounts, (ii) The employer may require such an account to be estab- lished at a major bank or building society. (b) Clause 20.—Payment of Wages: Delete subclauses (11) and (12) of this clause and insert the following in lieu thereof: (11) Accrued Days Off which accrue prior to the first pay period commencing on or after the 14th day of July 1988 shall be paid as follows: (a) An employee who regularly performs shift or weekend work shall be paid for accrued days off, including shift or weekend penalties, when those days are 68 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2687 taken as leave for the hours worked during which the leave was accumulated and shall be paid at the rate applicable at the time the leave is taken, (b) An employee who performs shift or weekend work irregularly shall be paid for accrued days off the average of shift or weekend penalties paid in the preceding month. (12) Accrued Days Off which accrue from the first pay period commencing on or after the 14th day of July 1988 shall be paid at the ordinary rate of wage, inclusive of penalties, which an employee would normally receive for his/her class of work. 6. Clause 22.—Higher Duties: Delete this clause and insert the following in lieu thereof: 22.—Higher Duties. (1) An employee who is capable of performing and does perform all duties of a position which carries a higher rate of pay than that which he or she usually performs shall be entitled to the higher rate whilst so engaged. (2) Provided that payment for higher duties shall not apply to an employee required to act in another position whilst the permanent employee is on a single accrued day off as prescribed by subclause (2) of Clause 7.—Hours of this award. 7. Clause 29.—Part-Time Employees: Delete paragraph (a) of subclause (4) of this clause and insert the following in lieu thereof: (a) The laundry and uniform allowances prescribed in this award shall be paid pro rata to part time employees in the proportion that the hours worked each week bear to 40. 8. Clause 32.—Wages: Delete this clause and insert the following in lieu thereof:— 32.—Wages. (1) The minimum weekly rate of wage payable to workers covered by this award shall be as it is set out hereunder: $ (a) Cleaner: First year of employment 316.30 Second year of employment 320.60 Third year of employment and thereafter 324.40 (b) Window Cleaner: First year of employment 324.40 Second year of employment 328.40 Third year of employment and thereafter 332.70 (c) Junior Hospital Workers: The minimum rate of wage payable to junior hospital workers shall be the following percentage of the prescribed wage during the first year of employment for an adult worker doing the same class of work. <% Under 17 years of age 60 Under 18 years of age 70 Under 19 years of age 80 At 19 years of age 100 (d) Casual Employees — shall be paid a loading of 25 per cent over the rates specified. (2) General Conditions. (a) Leading Hands: In addition to the rates herein prescribed, a leading hand shall be paid per week:— $ (i) If placed in charge of not less than three and not more than 10 other workers 13.50 (ii) If placed in charge of more than 10 and not more than 20 other workers 20.30 (iii) If placed in charge of more than 20 other workers 27.00 (b) 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 shall be by automatic progression subject to satisfactory service. (d) In determining the year of employment of a worker 19 years of age or over employment while under the age of 19 years shall not be counted in determining the year of employment at or over 19 years of age. (e) The hourly rate shall be calculated by dividing the weekly rate herein by 40.