WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Section 23 — New Award. Fremantle Port Authority and Merchant Service Guild of Australia, Western Australian Branch, Union of Workers. No. A 13 of 1988 Port Operations Officers Port and Harbour Services COMMISSIONER G.L. FIELDING, 26th day of October, 1988. Order. HAVING heard Mr AS. Caccamo on behalf of the Applicant and Mr P.A Rix on behalf of the Respondent, the Commission, constituted by the Public Service Arbitrator, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, being satisfied that its terms are not contrary to any General Order or any principle formulated as a result of General Order proceedings under section 51 of the Industrial Relations Act 1979, and by consent, doth hereby— Make an Award to be known as the "Fremantle Port Authority (Port Operations Officers') Award 1988" to replace the Fremantle Port Authority (Port Operations Officers') Award 1977 in terms of the document attached hereto with effect on and from the 19th day of January, 1988. (Sgd.) G.L. FIELDING, [L.S.] Public Service Arbitrator. Schedule. 1. — Title. This Award shall be known as the "Fremantle Port Authority (Port Operations Officers') Award 1988" and replaces the Fremantle Port Authority (Port Operations Officers') Award 1977 as amended. 2. — Arrangement. 1. Title. 2. Arrangement. 3. Term. 4. Area and Scope. 5. Definitions. 6. Uniforms. 7. Hours of Duty. 8. Rates of Pay. 9. Special Allowances. 10. Overtime. 11. Contract of Service. 12. Annual Leave. 13. Long Service Leave. 14. Sick Leave. 15. Compassionate Leave. 16. Maternity Leave. 17. Time and Wages Record. 3. — Term. The term of this Award shall be for a period of three years from the date hereof. 4. — Area and Scope. (1) This Award shall apply to all employees directly engaged or acting as Port Operations Officers at the Fremantle Port Authority Signal Station. (2) The area covered by this Award shall be the Erescribed limits of the Port of Fremantle as proclaimed •om time to time. 68 W.A.LG. 5. — Definitions. "employer" shall mean the Fremantle Port Authority. "Union" shall mean the Merchant Service Guild of Australia, Western Australian Branch, Union of Workers. 6. — Uniforms. (1) The employer shall provide for the use of each employee the following items free of cost— (a) One Blazer on commencement, thereafter every three years. (b) Three Trousers, or shorts and long socks, on commencement, thereafter every 12 months. (c) Three Shirts, short or long sleeved, on commencement, thereafter every 12 months. (d) One tie — plain, on commencement, thereafter every 12 months. (e) One Pullover with FPA Crest, on commencement, thereafter every two years. (f) One Londoner style jacket, on commencement, thereafter every two years. (g) One Wet Weather Gear on commencement, thereafter every two years. (h) One Safety Footwear on commencement, thereafter as and when required. (2) The anniversary date for the issue of the above uniform shall be the 1st day of January each year. (3) Uniforms shall belong to the employer and shall be worn by the employee when on duty. Should the services of any employee terminate for any reason whatsoever, then the employer shall have the right to withhold the total cost of any uniform issued rqr to one calendar month prior to the termination or half the cost where the termination occurs after one calendar month but within three calendar months. 7. — Hours of Duty. (1) (a) Thirty seven and a half hours shall constitute the week's work and subject to subclause (3) of this clause, the ordinary working hours shall not exceed eight (8) hours per day. (b) The employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement. (c) The Union or employees covered by the Award shall not, in any way, whether directly or indirectly, be party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause. (2) The hours per week may be worked on any day of the week at the discretion of the employer and during the continuance of the present system of shifts, shall be worked as follows— Day shift — 7.00 a.m. to 3.00 p.m. Afternoon shift — 3.00 p.m. to 11.00 p.m. Night shift — 11.00 p.m. to 7.00 a.m. (3) For the purpose of this Award the week's work will be deemed to commence at 11.00 p.m. each Wednesday and will conclude at 11.00 p.m. on the following Wednesday, with the weekly change of shifts in rotation taking place in accordance with the existing arrangement of rosters. 8. — Rates of Pay. (1) Port Operations Officers employed under this Award shall be paid in accordance with the following scale— 1st year $23,105 per annum. 2nd year $23,771 per annum. 3rd year $24,459 per annum. 4th year $25,168 per annum. 5th year $25,897 per annum. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2967 (2) To the salary prescribed in subclause (1) of this clause, shall be added a shift loading of 23.53% being compensation for shift and weekend work. (3) Progression through the scale of rates of pay prescribed in subclause (1) of this clause shall be based on years of service, with an increase of one increment for each year of service as a Port Operations Officer with the employer. (4) Salaries shall be payable weekly at the rate of 1/ 52.167th of the annual salary. 9. — Special Allowances. (1) (a) The Signal Station shall operate continuously during each shift without cessation for a recognised meal hour. Provided that each employee shall be allowed 20 minutes between Vh and 5 V2 hours after the commencement of a shift to have a meal. (b) Because the requirements of the service are such that a break for crib cannot be taken during the appropriate period specified herein, the employee shall receive a special payment of $10.50 per week. (2) The occupant of the position. Senior Port Operations Officer, as at the date of this Award shall be paid $3.00 per week in addition to his ordinary week's earnings. (3) (a) Any employee required to commence work two hours or more prior to normal starting time shall be paid a meal allowance of $5.75. (b) Any employee required to work for three hours or more beyond the normal finishing time shall be supplied with a meal or be paid a meal allowance of $5.75. (c) Provided that the provisions of this subclause shall not apply when the employee is notified the previous day of such work. 10. — Overtime. (1) Overtime shall mean and include all time worked outside of, or in excess of, the ordinary rostered working hours and shall be paid for as follows:— Monday to Friday — First three hours at time and a half. — After three hours, double time. Saturday — First three hours at time and a half. — After three hours and after 12 noon whichever is earlier, double time. Sunday — Double Time. Public holidays — All overtime worked on Eublic holidays to be paid at double time and a alf. (2) For the purpose of this clause, the following days shall be deemed to be public holidays: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. 11. Contract of Service. Employees shall be deemed to be engaged on a monthly basis and one month's notice shall be given on either side to terminate such engagement. Provided that an employee may be instantly suspended or dismissed without notice for insobriety, misconduct or neglect of duty. 12. — Annual Leave. (1) Except as herein after provided, a period of 49 consecutive days leave with payment of ordinary wages as prescribed, shall be granted annually to an employee by his employer after a period of 12 months continuous service with that employer, but for service prior to 31 December, 1980 the entitlement shall be calculated on 42 consecutive days leave for 12 months continuous service. Such leave shall at all times be granted at the convenience of the employer and shall be taken in accordance with the roster prepared each year. (2) If after one month's continuous service in any qualifying 12 monthly period an employee lawfully leaves his employment, or his employment is terminated by the employer through no fault of his own, the employee shall be paid 5.03 hours pay in respect of each completed week of continuous service. (3) Any employee who is granted annual leave in accordance with the provisions of subclause (1) of this clause shall be paid for five weeks only of such annual leave at the ordinary rate of pay prescribed under subclause (1) of Clause 8. — Rates of Pay of this Award plus 271/2% leave loading, provided that the maximum amount of loading payable shall not exceed the amount set out in the Commonwealth Bureau of Census and Statistics publication for "average weekly earnings per male employed unit" in Western Australia for the September quarter immediately preceding the date on which the leave commences provided that the remaining two weeks leave shall be paid with average shift loading. 13. — Long Service Leave. (1) An employee who has completed seven years' continuous service in a permanent capacity, shall be granted 13 weeks long service leave on full pay. (2) For each subsequent period of seven years' service an employee shall be entitled to an additional 13 weeks long service leave on full pay. (3) The expression "continuous service" includes any period during which the employee is absent on full pay or part pay from his duties, but does not include— (a) Any period exceeding two weeks during which the employee is absent on leave without pay. In the case of leave without pay which exceeds two weeks in a continuous period, the entire period of that leave is excised in full. (b) Any period during which the employee is taking his long service leave entitlements or any portion thereof. (c) Any service prior to the employee attaining the age of 18 years. (d) Any service of an employee who resigns, or is dismissed, other than service prior to such resignation or prior to the date of any offence in respect of which the employee is dismissed by the employer, when that prior service has actually entitled the person to long service leave under this clause. (e) Any period of service between the date on which an employee's approved accumulated entitlements to long service leave became due and the date he reduces that entitlement by taking not less than three months long service leave. (f) Any period of service as a casual employee. (4) Any public holiday prescribed in Clause 10 of this Award which occurs during the period an employee is on long service leave shall be treated as part of the long service leave, and extra days in lieu thereof shall not be granted. (5) (a) Subject to the convenience of the employer, long service leave shall be taken at any time within three years of the leave becoming due. Provided that the employer may approve the deferment of taking long service leave beyond three years in "exceptional circumstances". Provided further that the employer may withdraw or vary agreement to defer the taking of long service leave by giving the employee notice in writing of the withdrawal or variation. Notwithstanding the foregoing the employer may direct an employee to take accrued long service leave and may determine the date on which such leave shall commence. (b) For the purposes of this subclause "exceptional circumstances" shall include retirement within five years of the date of entitlement. 2968 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE (c) Transitional— (i) Employees having an entitlement to long service leave at 1 January 1988 are required to clear one full entitlement of long service leave before 1 January 1991; (ii) Employees having more than one entitlement to long service leave at 1 January 1988 are required to clear one full entitlement of long service leave by 1 January 1991 and a further full entitlement within each three years thereafter, until the employee's entitlement to long service leave has been cleared. (iii) On the first working day of March in each year the employer shall by notice in writing advise each relevant employee— (a) of the amount of long service leave which the employee is then entitled under the Award; and (b) of the amount of long service leave to which the employee will become entitled at any time during the next succeeding 12 months. (iv) An employee shall be required to furnish to the employer within one month of the receipt of the notice, particulars of the dates between which the employee desires to take the long service leave or part thereof to which the employee is or will become entitled, and whether, to what extent and for what reasons the employee desires to take the leave or desires to defer the taking of the leave. (6) (a) An employee who resigns or who is retired for any reason other than misconduct or unsatisfactory service, and who has served continuously in a permanent capacity for at least 12 months next prior thereto, shall be paid for long service leave pro rata to the date of resignation or retirement. (b) In the event of the death of an employee a lump sum payment for the money equivalent of any long service leave accrued in accordance with this clause shall be paid to the estate of an employee or to such other person as may be approved by the employer, provided that no payment shall be made for pro rata long service leave unless the employee had completed not less than 12 months continuous service prior to the date of death. (7) The calculation of the amount due for long service leave accrued and for pro rata long service leave shall be made at the rate of salary of an employee at the date of retirement, resignation of death, whichever applies. The rate of salary for the purposes of this subclause shall include the appropriate rate of pay derived from Clause 8. 14. — Sick Leave. (1) (a) An employee who is incapacitated through sickness or injury other than that arising out of, or in the course of his employment, may be granted sick leave with pay for a period of, or periods not exceeding in the aggregate of one month in any year, but where the absence is greater than two consecutive shifts only upon production within 48 hours of the commencement of any such period of absence of a medical certificate as to his incapacity. (b) Up to one week of such leave, unused in any year, shall be allowed to accumulate and may be availed in the next or subsequent years. (2) Where such incapacity arises through the wilful act or misconduct of the employee or where a medical certificate is not furnished as required, or where the employee has already had sick leave with pay for a penod of, or periods aggregating one month, together with any accumulated entitlement during the preceding 12 months, the employee shall not be entitled to any pay for the period absent from duty. (3) Upon the period of absence in any instance exceeding one month, together with any accumulated entitlement or in the case of subclause (2) of this clause, immediately an employee absents himself, the contract of service shall be deemed to have terminated without requiring further notice by the employer, who shall thereby be relieved of any further obligation to the employee; Provided that any such period of incapacity may, at the discretion of the employer, be regarded as leave without pay. (4) (a) Periods of service of less than one month shall not be included as service for the computation of sick leave. (b) Periods of one month and over shall be totalled and payment for sick leave computed on the total of such service during the year. (5) After 10 years' continuous service, the employer shall pay to the employee on retirement, due to age or ill health or in the case of his death to his dependants or his estate, the balance of any accumulated sick leave entitlement as prescribed in paragraph (b) of subclause (1) of this clause: Provided that for the purpose of this subclause, the accumulated sick leave entitlement shall be calculated on each completed month of service as from and including 1 July 1967 from which shall be deducted all sick leave taken since that date. 15. — Compassionate Leave. (1) An employee shall, on the death within Australia of a wife, husband, father, mother, brother, sister, child or step-child be entitled on notice of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary working days. Proof of such death shall be furnished by the employee to the satisfaction of the employer. (2) Provided that payment in respect of compassionate leave is to be made only where the employee otherwise would have been on duty and shall not be granted in any case where the employee concerned would have been off duty in accordance with his roster, or on long service leave, annual leave, sick leave, workers' compensation, leave without pay or on a public holiday. (3) For the purpose of this clause the words "wife" and "husband' shall include a person who lives with the employee as a de facto wife or husband. 30. — Maternity Leave. (1) Eligibility for Maternity Leave. An employee who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer immediately preceding the date upon which she proceeds upon such leave. For the purposes of this clause: (a) An employee shall include a part-time employee but shall not include an employee engaged upon casual work. (b) Maternity leave shall mean unpaid maternity leave. (2) Period of Leave and Commencement of Leave. (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an unbroken period from 12 to 52 weeks and shall include a period of six weeks' compulsory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement. (b) An employee shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to the employer stating the presumed date of confinement. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2969 68 W.A.I.G (c) An employee shall give not less than four weeks' notice in writing to the employer of the date upon which the employee proposes to commence maternity leave, stating the period of leave to be taken. (d) An employee shalll not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date. (3) Transfer to a Safe Job. Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. If the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of Period of Maternity Leave. (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shortened by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of Maternity Leave. (a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child. (b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the employee to the employer that the employee desires to resume work. (6) Special Maternity Leave and Sick Leave. (a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then:— (i) the employee shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before the employee's return to work, or (ii) for illness other than the normal consequences of confinement the employee shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which the employee is then entitled and which a duly qualified medical practitioner certifies as necessary before the employee's return to work. (b) Where an employee not then on maternity leave suffers illness related to the pregnancy, the employee may take such paid sick leave as to which the employee is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before the employee's return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) An employee returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which the employee held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position the employee held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the employee is qualified and the duties of which the employee is capable of performing, the employee shall be entitled to a position as nearly comparable in status and salary to thatofthe employee's former position. (7) Maternity Leave and Other Leave Entitlements. Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks. (a) An employee may, in lieu of or in conjunc- tion with maternity leave, take any annual leave or long service leave or any part thereof to which the employer is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during her absence on maternity leave. (8) Effect of Maternity Leave on Employment. Not- withstanding any award or other provision to the con- trary, absence on maternity leave shall not break the continuity of service of an employee, but shall not be taken into account in calculating the period of service for any purpose of the award. (9) Termination of Employment. (a) Whilst on maternity leave an employee may terminate.the employment at any time during the period of leave by notice given in accordance with this award. (b) An employer shall not terminate the employment of an employee on the grounds of pregnancy or of her absence on maternity leave, but otherwise the rights of the employer in relation to termination of employment are not hereby affected. (10) Return to Work After Maternity Leave. (a) An employee shall confirm her intention of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave. (b) An employee, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which the employee held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the posi- tion which the employee held immediately before such transfer. Where such position no longer exists but there are other positions available for which the employee is qualified and the duties of which the employee is capable of performing, the employee shall be entitled to a position as nearly comparable in status and salary to that of the for- mer position. (11) Replacement Employees. (a) A replacement employee is an employee specifically engaged as a result of an employee proceed- ing on maternity leave. (b) Before an employer engages a replacement employee under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 68 W.A.I.G. (c) Before the employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replace- ment employee. (e) A replacement employee shall not be entitled to any of the rights conferred by this clause except where her employment continues beyond the 12 months qualifying period. 17. — Time and Wages Record. (1) The employer shall keep a time and wages book showing the name of each employee, the nature of his work, the hours worked each day, and the wages and allowances paid each week. Any system of automatic recording by means of machines shall be deemed to comply with this provision to the extent of the informa- tion recorded. (2) The time and wages record shall be open for inspection by a duly accredited official of the Union during the usual office hours at the employer's office or other convenient place, and shall be allowed to extract therefrom. The employer's works shall be deemed to be a convenient place for the purpose of this subclause and if for any other reason the record be not available at the works, when the official calls to inspect it, it shall be made available for inspection within 12 hours, either at the employer's office or at the works. MEAT INDUSTRY (NORTHWEST ABATTOIRS) AWARD No. All of 1988