WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. PSA A7 of 1987. Between Federated Clerks Union of Australia, Industrial Union of Workers, WA Branch, Applicant and the Fremantle Port Authority and Others, Respondents. Order. HAVING heard Mr C.D. Panizza on behalf of the Applicant and Mr J.D. Miller on behalf of the Respon- dents, 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 pro- ceedings under section 51 of the Industrial Relations Act 1979, and by consent, doth hereby — 1. Make an Award to be known as the "Clerks (Public Authorities) Award 1987" in terms of Schedule 1 attached hereto with effect on and from the 1st day of November 1985. 2. Make an Award to be known as the "Clerks (Fremantle Port Authority) — Wharf and Special Conditions Award 1987" in terms of Schedule 2 attached hereto with effect on and from the 1st day of November 1985. Dated at Perth this 25th day of May 1987. (Sgd.) G.L. FIELDING, [L.S.] Public Service Arbitrator. Schedule 1. 1.—Title. This Award shall be known as the Clerks (Public Authorities) Award 1987 and shall replace the following Awards: Lotteries Commission Clerical Officer's Award 1981 No. 41 of 1981 Clerks (Western Australian Coastal Shipping Commission) Award 1975 No. 40 of 1975 Clerks (Government Meat Industry Clerical Officer's) Award 1976 No. 29 of 1976 Clerks (Egg Marketing Board) Award 1976 No. 8 of 1976 State Engineering Works Clerical Officer's Award 1980 No. 6 of 1980 Fremantle Port Authority Clerks (Head Office Staff) Award 1957 No. 10 of 1957 Clerks (Wharfingers) Award 1978 No. 20 of 1978 Clerks (Government Construction and Mainte- nance) Award 1975 No. 25 of 1975 2.—Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Term of the Award. 5. Definitions. 6. Hours of Attendance. 7. Annual Recreation Leave. 8. Camping Allowance. 9. Salaries and Salary Ranges. 10. Higher Duties Allowance. 11. Dirty Work Allowance. 12. District Allowance. 13. Leave Without Pay. 14. Long Service Leave. 15. Meal Allowance. 16. Leave for Training with the Defence Forces. 17. Motor Vehicle Allowance. 18. Shiftwork. 19. Overtime. 20. Part-Time Officers. 21. Protective Clothing. 22. Public Holidays. 23. Relieving Allowance. 24. Removal Allowance. 25. Short Leave. 26. Sick Leave. 27. Study Assistance. 28. Transfer Allowance. 29. Travelling Allowance. 30. Weekend Absence from Residence. 31. Contract of Service. 32. Certificate of Service. 33. Preservation of Rights. 34. Maternity Leave. 35. Time and Wages Record. 36. Deduction of Union Subscription. 37. Trade Union Training Leave. 38. Leave to Attend Union Business. 39. Notification of Change. 798 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 67 W.A.I.G. Schedule A — Salaries and Salary Ranges. Schedule B — Travelling, Transfer and Relieving Allowance. Schedule C — Motor Vehicle Allowance. Schedule D — Camping Allowance. Schedule E — District Allowance. Schedule F •— Meal Allowance. Schedule G — On Call Allowance. Schedule H — Shift Allowance. Schedule I — Schedule of Respondents. 3.—Area and Scope. This Award shall apply throughout the State of Western Australia to all Government Officers eligible for membership of the Federated Clerks' Union of Australia, Industrial Union of Workers, WA Branch employed by the Public Authorities in the following specified callings: Fremantle Port Authority — all clerical officers (permanent and temporary) engaged in positions up to and including level 5 as contained in Clause 9 of the Award and not covered by any other existing Award or Agreement or engaged in callings named in a determina- tion of the Fremantle Port Authority on the 10th day of March 1976. Hon Minister for Transport (Department of Marine and Harbours) — All Wharfingers, Assistant Wharf- ingers Clerks, Typists and Clerk Typists employed in or in connection with the mooring of vessels and handling of cargo pursuant to the provision of the Jetties Act 1926, in positions up to and including level 3 as contained in Clause 9 of the Award. Western Australian Coastal Shipping Commission — All clerical officers except those whose position is classified on a salary equivalent to or exceeding that pre- scribed from time to time for the maximum of level 5 as contained in Clause 9 of the Award or whose position was classified on a salary higher than $33 349 per annum as at the 31st day of October 1985. State Engineering Works — all clerical officers, who are covered by the State Engineering Works Clerical Officers Award 1980 in positions up to and including level 3 as contained in Clause 9 of the Award and the position of Chief Clerk. Lotteries Commission — all clerical officers in positions up to and including level 4 as contained in Clause 9 of the Award. Western Australian Meat Commission — all clerical officers in positions up to and including level 3 as con- tained in Clause 9 of the Award or whose position was classified on a salary equal to or less than $26 691 (C-II-6 maximum) per annum as at the 31 st day of October 1985. Egg Marketing Board — all clerical officers with the exception of the General Manager, Secretary, Accountant, Factory Manager, Marketing Manager, Grading Floor Manager and Pulping Plant Manager. Hon Minister for Works, Hon Minister for Water Resources and Hon Minister for Transport — all clerical officers employed on or in connection with Government construction and maintenance work in the field, on the job, or elsewhere away from head office and whose positions are not covered by another Award or registered industrial agreement as at 3 September 1971. 4.—Term of Award. This Award shall apply from 1 November 1985 unless otherwise expressly indicated. 5.—Definitions. Unless expressly defined otherwise:— "A day" means from 12 midnight to 12 midnight. "Board of Reference" means a Board of Reference established under the provisions of section 48 of the Industrial Relations Act. "Casual officer" means an officer who is engaged by the hour for a period of less than one calendar month in any period of engagement. "Employer" means the relevant employer cited in the schedule. "Headquarters" means the place in which the principal work of an officer is carried out as defined by the employer. "Metropolitan Area" means that area within a radius of 50 kms of the Perth Central Railway Station. "Officer" means a Government officer within the meaning of the Industrial Relations Act 1979. "Union" means Federated Clerks' Union of Australia, Industrial Union of Workers, WA Branch. 6.—Hours of Attendance. (1) Subject to subclause (2) the ordinary hours of attendance at work to be observed by officers covered by this Award shaU be 371/2 per week to be worked between the hours of 7.30 a.m. and 5.30 p.m. on five days per week, Monday to Friday, with a break of 45 minutes for luncheon. Provided that the employer, by written instruction, may vary the time of attendance because of the circum- stances of public business or because of the nature of the duties of an officer or class of officer. Provided also that where hours are so varied they shall not prescribe ordinary working hours in excess of 150 in a four week period. (2) With the exception of officers rostered for shift work, the ordinary hours of attendance at work to be observed by officers employed in the Lotteries Commis- sion shall be ZlVi per week to be worked between the hours of 7.30 a.m. and 5.30 p.m. on five days per week, Monday to Friday, with a break of 45 minutes for luncheon. Provided that the employer, by written instruction, may vary the time of attendance because of the nature of the duties of an officer or class of officer. 7.—Annual Recreation Leave. (1) (a) An officer shall be entitled to leave of absence for recreation of four weeks on full pay for each year of service. Entitlements to recreation leave will be credited one year in advance on the 1st day of January each year and subject to subclauses (2) and (4) of this clause, an officer may take his entitlement at any time during the year, or at such time as the employer directs. (b) An officer who is first appointed from a date after the 1st day of January shall, for continuous service to the 31st day of December next, be credited with a pro rata annual recreation leave entitlement in accordance with the following table:— Completed calendar months of service 1 234567 89 10 11 Pro rata annual leave credit (working days) 2 3 5 7 8 10 12 13 15 17 18 Provided that in the first and last months of an officer's service, the officer is entitled to pro rata annual leave of one working day for each two completed weeks of service. For the purposes of this subclause, an officer who commences on the first working day of a month and works for the remainder of the month and an officer who has worked throughout a month and terminates on the last working day of a month shall be regarded as having completed that calendar month of service. (2) (a) The time during which an officer may take annual recreation leave shall, in every case, be such as is approved by the employer. Except where otherwise approved by the employer an officer will be required to take his annual recreation leave in one period. 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. (b) The employer may direct an officer to take accrued annual recreation leave and may determine the date on which such leave shaU commence. (3) (a) An officer employed north of the 26th parallel of south latitude during his period of service shall be entitled to have his period of leave increased by one week for each completed 12 months' service north of the 26th parallel of south latitude. (b) An officer who proceeds on annual leave before having completed the necessary year of continuous service may be given approval for the additional five working days leave provided the leave is taken at the employer's convenience and provided the officer returns to that region to complete the necessary service. (c) Where an officer has served continuously for at least on year north of the 26th degree south latitude and leaves the region because of promotion or transfer, a pro rata annual leave credit to be cleared at the employer's convenience shall be approved on the following basis. Completed months of continuous service in the region after the initial years of service 123456789 10 11 Pro rata additional annual leave (working days) — — 1 12223344 (d) Where payment in lieu of pro rata annual leave is made on the death, resignation or retirement of an officer in the region, in addition to the payment calculated on a four week basis, payment may be made for the pro rata entitlement contained in paragraph (c) of subclause (3) of this clause. (4) An officer who has been permitted to proceed on annual recreation leave and who ceases duty before completing the required continuous service to accrue the leave must refund the value of the unearned pro rata portion calculated at the rate of salary as at the date the leave was taken. The employer may deduct this amount from moneys due to the officer by reason of the other provisions of this Award at the time of termination. (5) On application to the employer a lump sum payment for the money equivalent of any: (a) accrued annual leave as prescribed by subclause (1) or subclause (3) of this clause shall be made to an officer who resigns, retires, is retired or, in respect of an officer who dies. The provi- sions of this paragraph shall also apply to an officer who is dismissed unless the misconduct for which the officer has been dismissed occurred prior to the completion of the qualifying period; (b) pro rata annual leave shall be made to an officer who resigns, retires, is retired or, in respect to an officer who dies but not to an officer who is dismissed. (6) When computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the period an officer is on annual leave, observing a public holiday prescribed by this Award, absence through sickness with or without pay except for that portion of an absence that exceeds three months or absence an officer's compensation except for that portion of an absence that exceeds six months. (7) With the written approval of the employer, the annual leave for recreation of an officer may, when the convenience of the employer is served thereby, be allowed to accumulate provided that such accumulation does not exceed three years entitlements. 799 (8) For the purpose of this clause the "weekly rate of salary" shall include the appropriate weekly salary as derived from Schedule A and higher duties allowance, subject to the provisions of Clause 10. (9) Annual Leave Loading (a) General: A loading equivalent to 17 Vi per cent of normal salary is payable to officers proceed- ing on annual leave. (b) Officers Working Shifts: Subject to the pro- visions of paragraphs (c) and (g) of this sub- clause, officers working shifts who are granted an additional week's penalty leave when pro- ceeding on annual leave including accumulated annual leave shall be paid: (i) shift and weekend penalties the officer would have received had the officer not proceeded on annual leave; or (ii) loading equivalent to 20 per cent of normal salary for five weeks' leave; whichever is the greater. (c) Maximum Loading (i) Subject to the provisions of paragraph (e) the loading is paid on a maximum of four weeks' annual leave, or five weeks in the case of officers working shifts who are granted an additional weeks penalty leave. Payment of the loading is not made on additional leave granted for any other purpose (e.g. to officers whose headquarters are located north of the 26th degree of south latitude). (ii) Maximum payment shall not exceed the Average Weekly Total Earnings of all Males in Western Australia, as published by the Australian Bureau of Statistics, for the September quarter of the year immediately preceding that in which the leave commences. (iii) Maximum payment to officers working shifts who are granted an additional week's penalty leave shall not exceed 5/4ths of the Average Weekly Total Earnings of all Males in Western Australia, as published by the Australian Bureau of Statistics, for the September quarter of the year immediately preceding that in which the leave commences. (d) Leave Taken Over the End of the Year: Annual leave commencing in any year and extending without a break into the following year attracts the loading calculated on the salary applicable on the day the leave commenced. (e) Accumulated Leave: The loading payable on approved accumulated annual leave shall be at the rate applicable at the date the leave is taken. Under these circumstances an officer can receive up to the maximum loading for the approved accumulated annual leave in addition to the loading for the current year's entitlement. However, accumulated annual leave which accrued prior to 1 January 1974 does not qualify for the loading, regardless of when it is taken. (f) Leave Taken in Broken Periods: A pro rata loading is payable on periods of approved annual leave less than four weeks. (g) Rate of Salary: The loading is calculated on the rate of salary the officer receives at the commencement of leave under Schedule A — Salaries of the Award and, where applicable, the salary shall include the following allowances: (i) District Allowance (ii) Personal Allowance 800 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 67 W.A.I.G. protective Clothing Allowance, where it is paid as an annual amount Child Allowance paid to officers whose headquarters are located north of the 26th degree of south latitude Commuted Overtime Allowance, where it is paid as an annual amount or a per- centage of salary and paid throughout the year; and Higher Duties Allowance, but only where the specific conditions of Clause 10.—Higher Duties Allowance are satisfied. 8.—Camping Allowance. (1) Definitions: In this clause the following expressions shall have the following meaning:— "Camp of a Permanent Nature" means single room accommodation in skid mounted or mobile type units, caravans, or barrack type accommodation where the following are provided in the camp:— — Water is freely available; — Ablutions including a toilet, shower or bath and, laundry facilities; — Hot water system; — A kitchen, including a stove and table and chairs, except in the case of a caravan equipped with its own cooking and messing facilities; — An electricity or power supply, and; — Beds and mattresses except in the case of caravans containing sleeping accommodation. For the purpose of this definition caravans located in caravan parks or other locations where the above are provided shall be deemed a camp of a permanent nature. "House" means a house, duplex or cottage including transportable type accommodation which are self con- tained and in which the facilities prescribed for' 'camp of a permanent nature'' are provided. "Other than a Permanent Camp" means a camp where any of the above are not provided. (2) Camping Allowance (a) An officer, who is stationed in a camp of a permanent nature, shall be paid the appro- priate allowance prescribed by Item 1 or Item 2 of Schedule D (1), or D (2) for each day spent camping. (b) An officer who is stationed in a camp — other than a permanent camp — or is required to camp out, shall be paid the appropriate allow- ance prescribed by Item 3 or Item 4 of Schedule D (1) or D (2) for each day spent camping. (c) Officers who occupy a house shall not be entitled to allowances prescribed by this clause. (d) Officers accommodated at a Government institution, hostel or similar establishment shall not be entitled to allowances prescribed by the clause. (e) Where an officer is provided with food and/or meals by the employer free of charge, then the officers shall only be entitled to receive half the appropriate allowance to which the officer would otherwise be entitled for each day spent camping. (f) (i) An officer shah not be entitled to receive an allowance under this clause for periods in excess of 91 consecutive days unless the employer otherwise deter- mines. Provided that where an officer avails himself of the provisions of Clause 29 of this Award, then such periods shall be included for the purposes of determining the 91 con- secutive days. (ii) The employer in reviewing any claim under this subclause may determine an allowance other than is contained in this Award. (g) When camping, an officer shaU be paid the allowance on Saturdays and Sundays if avail- able for work immediately preceding and succeeding such days and no deduction shall be made under these circumstances when an officer does not spend the whole part of the weekend in a camp, unless he avails himself of the provisions of Clause 29 of this Award. (h) This clause shall be read in conjunction with Clauses 23, 28 and 29 of this Award for the purpose of paying aUowances, and camping allowance shall not be paid for any period in respect of which travelling, transfer or relieving allowances are paid. Where portions of a day are spent camping, the formula contained in Clause 29 of this Award shall be used for calcu- lating the portion of the allowance to be paid for that day. For the purposes of this subclause arrival at headquarters shall mean the time of actual arrival at camp. Departure from headquarters shall mean the time of actual departure from camp or the time of ceasing duty in the field subsequent to breaking camp, whichever is the later. (i) Officers in receipt of an allowance under this Award shall not be entitled to receive the incidental allowance prescribed by Clause 29 of this Award. (j) Whenever an officer, provided with a caravan, is obliged to park the caravan in a caravan park he shaU be reimbursed the rental charges paid to the authority controlling the caravan park, in addition to the payment of camping allowance. (k) Where an officer, who is not supplied with camping equipment by the employer, hires such equipment as is reasonable and necessary, he shall be reimbursed such hire charges, _ in addition to the payment of camping allowances. (1) The rates contained in Schedules D (1) and D (2) shall be adjusted from time to time as agreed between the parties. 9.—Salaries and Salary Ranges. The minimum rates of pay to be paid to officers covered by this Award shaU be as set out in Schedule A. (1) (a) To calculate an officer's fortnightly salary the following formula shall apply. Annual Salary x 12 313 x 1 (b) To calculate an officer's weekly salary the following formula shaU apply. Annual Salary x 6 313 x 1 (2) (a) Officers appointed or promoted to a Level 1 position shall not be entitled to progress beyond the 24 years old or fourth year of adult service rate of salary, unless the officer is deemed quaUfied for promotion as determined by the employer. (3) In aUocating salaries or salary ranges the employer may amalgamate any two or more levels or, allocate specific salary points from a level or levels prescribed by this Award. (4) Subject to good conduct diligence and efficiency an officer shall proceed to the maximum of the salary range by annual increments according to the level of such classification. (iii) (iv) (v) (vi) 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 801 (5) Transition (a) Maintenance of Salary — where an officer's position is downgraded as a result of the intro- duction of this Award, the following shall apply:— All officers appointed to a classification or level prior to the date of implementation of this Award, will progress through the salary ranges (as adjusted by general salary movements) applicable to the classification or level irrespec- tive of the level determined by the employer as a result of a review to be carried out as a conse- quence of the introduction of these salary scales. (b) Placement of officers:— (i) Officers classified in the Automatic Range for Clerks prior to the operation of this Award shall maintain their existing salary and incremental date under this clause. (ii) Officers classified as Typists, Clerk Typists, Machinists, Data Processing Operators, Clerical Assistants or Tele- phonists prior to the operation of this Award shall be classified in the auto- matic range on the following basis: (a) Under 21 years of age — age to Provided that officers who are not entitled to a qualifications allowance pursuant to the above or who obtain a higher qualifications subsequently shall not be entitled to receive an allowance or increase in the allowance. (vii) Officer Supporting Dependants Allowance — officers classified in the Automatic Range who were in receipt of an allowance of one increment for wholly or substantially supporting a spouse and/or dependent relatives prior to the date of operation of this Award, shall, if classified in the automatic range under this clause, continue to receive such allowance whilst wholly or sub- stantially supporting a spouse/or dependent relative. Provided that the maximum remuneratiuon, inclusive of such allowance, shall be the rate of pay at age 29 or ninth year of adult service in respect of an officer who is deemed qualified for promotion by the employer or age 24 or fourth year of adult service in respect of an officer not deemed qualified for promotion. age. (b) 21 years of age and older — next highest point of salary. (Salary on promotion.) (iii) Officers not qualified for promotion in accordance with the provisions of Schedule A of this Award and whose salary ranges prior to the introduction of this clause were in excess of the 24 year old rate of salary for automatic range officers under this clause shall be entitled to progress through the auto- matic range. Provided that officers classified in the Typists, Clerk Typists, Machinists and Data Processing Operators — Classified Range — shall also be entitled to progress through the automatic salary range. (iv) Service Allowance — Officers classified in the automatic range and Class 1 prior to the operation of this clause shall be entitled to proceed to the first two points of Level 2 of this clause in accor- dance with the provisions of the repealed Award. (v) Efficiency and Personal Allowances — Officers in receipt of efficiency and personal allowances as at the date of operation of this clause shall have the allowances included as salary when determining placement in accordance with this clause. (vi) Qualifications Allowance — Officers in receipt of a qualifications allowance at the date of operation of this clause or who would have become entitled to such an allowance as a result of studies com- pleted in the 1985 calendar year, shall continue to receive or be granted such allowance or increase in allowance, provided that such allowance shall be reduced or cease in accordance with the following: Annual Allowances Diplomates Annual Allowances Graduates & Associates Up to and including Level 3 Min S200.00 $300.00 Level 3 2nd and 3rd increments $100.00 $200.00 Level 3 Max Nil $100.00 Level 4 Nil Nil (vm) Higher Duties (a) Officers classified in the Auto- matic Range, who were acting in a Class 1 position immediately prior to the date of operation of this Award, and who had been so acting for in excess of 12 months in the preceding 18 months, shall be deemed appointed to that level, provided that the position has not been advertised and/or is the subject of a promotion appeal. (b) Where an officer was acting in a position classified higher than his/her substantative position prior to the coming in to opera- tion of this clause and who con- tinued to act in the same position as at the operative date of this clause, the officer shall receive higher duties allowance equiva- lent to the salary that would have been payable to the permanent occupant. Provided that should the officer cease to act in that higher classified position, any future periods of acting in the same position or other positions classified higher than the officer's substantative classification shall be paid a higher duties allowance in accor- dance with the provisions of Clause 10 of this Award. (ix) Incremental Dates (a) Where an officer is in receipt of a salary that equates to a salary under this clause and the officer is classified at that level, the officer will retain his/her current increment date. (b) An officer in receipt of a salary which does not equate to a salary under this clause shall be placed on the nearest salary point higher at the date of operation of this clause, which shall be the officers new incremental date. 802 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 67 W.A.I.G. 10.—Higher Duties Allowance. (1) An officer who is directed by the employer to act in an office which is classified higher than the officer's own and who performs the full duties and accepts the full responsibility of the higher office for a continuous period of five consecutive working days or more, shall, subject to the provisions of this clause, be paid an allow- ance equal to the difference between the officer's own salary and the salary the officer would receive if the officer were permanently appointed to the office in which the officer is so directed to act. (2) (a) Where the full duties of a higher office are temporarily performed by two or more officers they shall each be paid an allowance as determined by the employer. (b) An officer who is directed to act in a higher office but is not required to carry out the full duties of the position or accept the full responsibility shall be paid an allowance as determined by the employer. Provided that the officer shall be informed, prior to the commence- ment of acting in the higher office, of the duties to be carried out and the responsibilities to be accepted. (3) Where an officer is directed to act in an office which has an incremental range of salaries the officer shall be entitled to receive an increase in higher duties allowance equivalent to the annual increment the officer would have received had the officer been permanently appointed to such office. Provided that acting service with allowances for acting in offices for the same classification or higher than the office during the 18 months preceding the commencement of so acting shall aggregate as qualifying service towards such an increase in the allowance. (4) Where an officer, who has qualified for payment of higher duties allowance under this clause, is required to act in another office or other offices classified higher than the officer's own for periods less than five working days without any break in acting service, the officer shall be paid higher duties allowance for such periods. Provided that payment shall be made at the highest rate the officer has been paid during the term of continuous acting or at the rate applicable to the office in which the officer is currently acting — whichever is the less. (5) Where an officer who is in receipt of an allowance granted under this clause and has been so far a con- tinuous period of 12 months or more, proceeds on — (a) a period of normal annual leave; (b) a period of any other approved leave of absence of not more than one calendar month the officer shall continue to receive the allowance for the period of leave. Provided that this subclause shall also apply to an officer who has been in receipt of an allow- ance for less than 12 months if during the officer's absence no other officer acts in the office in which the officer was acting immediately prior to proceeding on leave and the officer resumes in the office immediately after leave. (6) Where an officer, who is in receipt of an allowance granted under this clause, proceeds on — (a) a period of annual leave in excess of the normal (b) a period of any other approved leave of absence of more than one calendar month the officer shall not be entitled to receive payment of such allowance for the whole or any part of the period of such leave. (7) For the purpose of this clause "normal annual leave" shall mean the annual period of recreation leave as prescribed in Clause 7 of this Award. 11.—Dirty Work Allowance. A special allowance to be determined by the employer shall be paid to an officer when engaged in any dirty work (including moving or sorting old books and docu- ments) which is not part of the regular duty of the officer concerned. Provided that if there is a dispute or disagreement as to the amount of such allowance, such matter shall be referred to a Board of Reference. 12.—District Allowance. (1) A married male officer shall be paid a District Allowance at the standard rate prescribed in Column II of Schedule E of this Award, for the district in which his headquarters are located. Provided that a married male officer whose headquarters are situated in a town or place specified in Column III of the said schedule shall be paid a district allowance at the rate appropriate to that town or place as prescribed in Column IV of the said schedule. A married female officer who is covered by this Award shall not be eligible for the payment of a district allowance except as provided by subclause (2) or as otherwise approved by the employer. (2) A single officer shall be paid district allowance at a rate equal to one-half of the appropriate rate prescribed by subclause (1) for a married male officer whose head- quarters are situated in the same district, town or place: Provided that a single officer or married female officer who supplies proof that the officer is the main support of relatives resident in the State, may, with the approval of the employer, be paid the rates applicable to a married male officer under this Award. (3) When an officer is on approved recreation leave, the officer shall, for the period of such leave, be paid the district allowance to which the officer would ordinarily be entitled. (4) When an officer is on long service leave or other approved leave with pay (other than recreation leave) the officer shall only be paid district allowance for the period of such leave if the officer's family or dependants remain in the district in which the officer's headquarters are situated. (5) When an officer leaves the district on duty, payment of any district allowance to which the officer would ordinarily be entitled shall cease after the expiration of two weeks unless otherwise approved by the employer. (6) Except as provided in subclause (5), a district allowance shall be paid to any officer ordinarily entitled thereto in addition to reimbursement of any travelling expenses or camp allowance. (7) Where an officer, whose headquarters are located in a district in respect of which no allowance prescribed in Schedule E to this Award is payable, is required to travel or temporarily reside for any period in excess of one month in any district or districts in respect of which such allowance is so payable, then notwithstanding the officer's entitlement to any such allowance provided by Clauses 8, 23 and 29 of this Award, the officer shall be paid for the whole of such period such additional allow- ance, at a rate equal to one half of the appropriate rate prescribed by subclause (1) for a married male officer appropriate to the district in which the officer spends the greater period of time. Provided that rates specified in Schedule E of this Award which are greater than one-half of the appropriate rate for a married male officer under this Award, shall continue to apply. The rates payable under this subclause are specified in Schedule E. 13.—Leave Without Pay. (1) Where the employer is satisfied that there is sufficient cause for doing so, the employer may grant an officer leave of absence without pay provided that: (a) the work of the employer is not incon- venienced; and (b) all other leave credits of the officer are exhausted. (2) Any period that exceeds two weeks during which an officer is on leave of absence without pay shall not, for any purpose, be regarded as part of the period of service of that officer. 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 803 (3) Where an officer is granted leave of absence without pay under this clause, for the purpose of under- taking studies that relate directly to the officer's official duties, the employer may determine that such leave of absence shaU be regarded as part of the period of service of that officer for all purposes except qualifying service for annual leave of absence for recreation. 14.—Long Service Leave. (1) An officer who has completed seven years' continuous service engaged in clerical duties with the employer shall be entitled to three calendar months long service leave on full pay or six calendar months long service leave on half pay. (2) For each subsequent period of seven years service an officer shall be entitled to an additional three calendar months long service leave on full pay or six calendar months long service leave on half pay. (3) The expression "continuous service" includes any period during which the officer is absent on full pay or part pay from his duties, but does not include — (a) Any period exceeding two weeks during which the officer 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 officer is taking his long service leave entitlement or any portion thereof. (c) Any service prior to the officer attaining the age of 18 years. (d) Any service of an officer 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 officer 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 officer'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 officer". (4) Any public holiday prescribed in Clause 22 of this Award which occurs during the period an officer 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) Long service leave shall be taken as it falls due at the convenience of the employer. Provided that the employer may approve the accumulation of long service leave. Provided further that the employer may withdraw or vary such approval to accumulate long service leave by giving the officer notice in writing of the withdrawal or variation. Notwithstanding the foregoing, the employer may direct an officer to take accrued long service leave and may determine the date on which such leave shall commence. (6) A lump sum payment for the money equivalent of any long service leave accrued in accordance with this clause and for pro rata long service leave shall be made in the following cases: (a) To an officer who retires at or over the age of 5 5 years or who is retired on the grounds of ill health, provided that no payment shall be made for pro rata long service leave unless the officer has completed not less than 12 months contin- uous service before the date of his retirement. (b) To an officer who, not having resigned, is retired for any other cause, provided that no payment shall be made for pro rata long service leave unless the officer had completed not less than three years' continuous service before the date of his retirement. (c) To the estate of an officer or such other person as may be approved by the employer, in the event of the death of an officer, provided that no payment shall be made for pro rata long service leave unless the officer 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 shall be made at the rate of salary of an officer at the date of retire- ment, resignation or death, whichever applies. The rate of salary for the purposes of this subclause shall include the appropriate rate of pay derived from Clause 9. (8) Notwithstanding any other provision of this clause the following conditions shall apply in respect to officers employed by the following employers: (a) Western Australian Coastal Shipping Commis- sion: In calculating an officer's entitlement under this clause continuous service with the employer prior to 24 September 1976 shall be taken into account in the following manner — (i) In the case of an officer who has already accrued an entitlement to long service leave with the employer prior to 24 September 1976, the officer shall continue to accrue subsequent entitle- ments to long service leave in accor- dance with the provisions of subclause (2) of this clause: (ii) In the case of an officer who at 24 September 1976 had not accrued an entitlement to long service leave, only seven-tenths of that officer's continuous service with the employer prior to 24 September 1976 shall be counted as service for the purpose of calculating the first entitlement to long service leave under this clause. (b) Western Australian Meat Commission: In calculating an officer's entitlement under this clause continuous service with the employer in a clerical capacity prior to 18 July 1977, shall be taken into account in the following manner — (i) In the case of an officer who has already accrued an entitlement to long service leave with the employer prior to 18 July 1977, the officer shall continue to accrue subsequent entitlements to long service leave in accordance with the provisions of subclause (2) of this clause: (ii) In the case of an officer who at 18 July 1977, had not accrued an entitlement to long service leave, only seven-tenths of that officer's continuous service with the employer prior to 18 July 1977 shall be counted as service for the purpose of calculating the first entitlement to long service leave under this clause. (c) Western Australian Egg Marketing Board: In calculating an officer's entitlement under this clause continuous service with the employer prior to the 1st day of October 1977 shall be taken into account in the following manner — (i) In the case of an officer who has already accrued an entitlement to long service leave with the employer prior to the 1st day of October 1977, the officer shall continue to accrue subsequent entitle- ments to long service leave in accor- dance with the provisions of subclause (1) of this clause. (ii) In the case of an officer who at the 1st day of October 1977 had not accrued an WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 67 W.A.I.G. entitlement to long service leave, the officer's entitlement shall be calculated on the following basis: (a) For any period of continuous employment that began prior to the 1st day of October 1964 an amount calculated on the basis of 13 weeks' long service leave on full pay for each 20 years of con- tinuous service. (b) For any period of continuous employment between the 2nd day of October 1964 and the 1st day of October 1973, an amount calculated on the basis of 13 weeks' long service leave on full pay for each 15 years of continuous service. (c) For any period of continuous employment between the 2nd day of October 1973, and the 1st day of October 1977, an amount calculated on the basis of 13 weeks' long service leave on full pay for each 10 years of con- tinuous service. (d) Fremantle Port Authority (i) An officer who has completed seven years' continuous service in a permanent capacity or 10 years' continuous service in a temporary capacity or 8'A years' continuous service, of which not less than 18 months shall have been served in a temporary capacity, shall be granted three calendar months long service leave on full pay or six calendar months on half pay. (ii) For each subsequent period of seven years' continuous service an officer shall be granted an additional three calendar months' long service leave on full pay or six calendar months on half pay. (iii) An officer 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. (e) State Engineering Works (i) In calculating an officer's entitlement under this clause continuous service with the employer prior to the 1st day of April 1980 shall be taken into account in the following manner:— (a) In the case of an officer who has already accrued an entitlement to long service leave with the employer prior to the 1st day of April 1980 the officer shall con- tinue to accrue subsequent entitlements to long service leave in accordance with the provisions of subclause (2) of this clause. (b) In the case of an officer who at the 1st day of April 1980 had not accrued an entitlement to long service leave only seven tenths of the officer's continuous service with the employer prior to 1 April 1980 shaU be counted as service for the purpose of calcu- lating the first entitlement to long service leave under this clause. Provided that the officer if not entitled to long service leave until his completed years of continuous service entitle him to the amount of long service leave referred to in subclause (1) of this clause. (f) Wharfingers, Assistant Wharfingers and Clerks — (i) In calculating an officer's entitlement under this clause continuous service with the employer prior to the 1st day of July 1978 shall be taken into account in the following manner:— (a) In the case of an officer who has already accrued an entitlement to long service leave with the employer prior to the 1st day of July 1978, the officer shall continue to accrue subsequent entitlements to long service leave in accordance with the provisions of subclause (2) of this clause. (b) In the case of an officer who at the 1st day of July 1978 had not accrued an entitlement to long service leave only seven tenths of that officer's continuous service with the employer prior to 1 July 1978 shall be counted as service for the purpose of calculating the first entitlement to long service leave under this clause. Provided that the officer is not entitled to long service leave until his com- pleted years of continuous service entitle him to the amount of long service leave referred to in subclause (1) of this clause. (g) Lotteries Commission (i) In calculating an officer's entitlement under this clause continuous service with the employer to the 1st day of February 1982 shall be taken account in the following manner:— (a) In the case of an officer who has already accrued an entitlement to long service leave with the employer prior to the 1st day of February 1982 the officer shall continue to accrue subsequent entitlements to long service leave in accordance with the provisions of subclause (2) of this clause. (b) In the case of an officer who at the 1st day of February 1982 had not accrued an entitlement to long service leave only seven tenths of that officer's con- tinuous service with the employer prior to 1 February 1982 shall be counted as service for the purpose of calculating the first entitlement to long service leave under this clause. Provided that the officer is not entitled to long service leave until his completed years of continuous service entitle him to the amount of long service leave referred to in sub- clause (1) of this clause. 15.—Meal Allowance. (1) An officer required to work before or after his normal working hours on any week day, shall, when such additional duty necessitates taking a meal away from his usual place of residence, be reimbursed for each meal purchased at the rate provided in Schedule F of this Award for breakfast and the evening meal. Provided that 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 805 the overtime worked before and after the meal break totals not less than two hours. Such reimbursement shall be in addition to any payment for overtime to which the officer is entitled. (2) An officer required to work on a Saturday, Sunday or Public Holiday prescribed in Clause 22 of this Award shall, when such additional duty necessitates taking a meal away from his usual place of residence be reimbursed for each meal purchased at the rate pre- scribed in schedule F of this Award for breakfast, a midday meal and for the evening meal: Provided that the overtime worked before and after the meal break totals not less than two hours. Such reimbursement shall be in addition to any payment for overtime to which the officer is entitled. (3) The provisions of this clause shall only apply to officers required to work overtime in accordance with the provision of Clause 19.—Overtime of this Award. 16.—Leave for Training with the Defence Forces. Subject to the employer's convenience, leave of absence may be granted by the employer to an officer who is a volunteer member of the Defence Forces for the purpose of attending a training camp, school, class or course of instruction under the following conditions: (1) Attendance at a camp for annual continuous obligatory training: (a) A period of not exceeding 10 working days on full pay in any period of 12 months commenc- ing on and from 1 July in each year. (b) In addition, if the Commanding officer of a unit certifies that it is essential for an officer to be at the camp in an advance or rear party, a maximum of four extra days on full pay may be granted. (2) Attendance at one special school, class or course of instruction: (a) In addition to the leave granted under sub- clause (1) hereof, a period not exceeding 16 calendar days in any period of 12 months commencing on and from 1 July in each year provided that the employer is satisfied that the leave required is for a special purpose and not for a further routine camp of a continuous nature. (b) This leave may, at the option of the officer, be granted from annual recreation leave due. (c) If the leave is not taken from annual recreation leave, salary during the period shall be at the rate of difference between the normal remuneration of the officer and the military pay to which he is entitled if this does not exceed civilian pay. (3) Applications for leave of absence for the above reasons shall, in all cases, be accompanied by evidence of the necessity for attendance. At the expiration of the leave of absence granted, the officer shall furnish a certificate of attendance to the employer. Where leave of absence has been granted with pay salary during the period shall be at the rate of difference between normal remuneration and military pay. The officer shall also furnish a detailed certificate of the military pay received. 17.—Motor Vehicle Allowances. (1) In this clause the following expressions shall have the following meaning:— "A year" means 12 months commencing on the 1st day of July and ending on the 30th day of June next following. "Metropolitan Area" means that area within a radius of 50 kilometres from the Perth Central Railway Station. "South West Land Division" means the South West Land Division as defined by section 28 of the Land Act 1933-72 excluding the area contained within the Metro- politan Area. "Rest of the State" means that area south of 23.5 degrees south latitude, excluding the Metropolitan Area and the South West Land Division. "Term of Employment" means a requirement made known to the officer at the time of applying for the position by way of publication in the advertisement for the position, written advice to the officer contained in the offer for the position or oral communication at inter- view by an interviewing officer and such requirement is accepted by the officer either in writing or orally. "Qualifying Service" shall include all service in positions where there is a requirement as a term of employment to supply and maintain a motor vehicle for use on official business. (2) Allowance for Officers required to supply and maintain a vehicle as a term of employment (a) An officer who is required to supply and main- tain a motor vehicle for use when travelling on official business as a term of employment shall be reimbursed in accordance with the appro- priate rates set out in Schedule C for journeys travelled on official business and approved by the employer. (b) An officer who is reimbursed under the pro- visions of subparagraph (a) will also be subject to the following conditions:— (i) For the purposes of subparagraph (a) of this subclause an officer shall be reimbursed with the appropriate rates set out in Part A of Schedule C for the distance travelled from the officer's residence to the place of duty and for the return distance travelled from place of duty to residence except on a day where the officer travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day. (ii) Where an officer in the course of a journey travels through two or more separate areas, reimbursement shall be made at the appropriate rate applicable to each of the areas traversed as set out in Part A of Schedule C. (iii) Where an officer does not travel in excess of 4 000 kilometres in a year an allowance calculated by multiplying the appropriate rate per kilometre by the difference between the actual distance travelled and 4 000 kilometres shall be paid to the officer provided that where the officer has less than 12 months' qualifying service in the year then the 4 000 kilometre distance will be reduced on a pro rata basis and the allowance calculated accordingly. (iv) Where a part-time officer is eligible for the payment of an allowance under placitum (iii) of this subclause such allowance shall be calculated on the proportion of total hours worked in that year by the officer to the annual standard hours had the officer been employed on a full-time basis for the year. (v) An officer who is required to supply and maintain a motor vehicle for use on official business is excused from this obligation in the event of his vehicle being stolen, consumed by fire, or suffering a major and unforseen mechanical breakdown or accident, in which case all entitlement to reimburse- ment ceases while the officer is unable to provide the motor vehicle or a replacement. I 16 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 67 W.A.I.G. (vi) It shall be open to the employer to elect to waive the requirement that an officer supply and maintain a motor vehicle for use on official business, but three months' written notice of the intention so to do shall be given to the officer concerned. (3) Allowance for officers relieving officers mentioned in subclause (2) (a) An officer not required to supply and maintain a motor vehicle as a term of employment who is required to relieve an officer required to supply and maintain a motor vehicle as a term of employment shall be reimbursed all expenses incurred in accordance with the appropriate rates set out in Part A of Schedule C for all journeys travelled on official business and approved by the employer where the officer is required to use his vehicle on official business whilst carrying out the relief duties. (b) For the purposes of subparagraph (a) of this subclause an officer shall be reimbursed all expenses incurred in accordance with the appropriate rates set out in Part A of Schedule C for the distance travelled from the officer's residence to place of duty and the return distance travelled from place of duty to residence except on a day where the officer travels direct from residence to headquarters and return and is not required to use the vehicle on official business during the day. (c) Where an officer in the course of a journey travels through two or more separate areas, reimbursement shall be made at the appropriate rate applicable to each of the area's traversed as set out in Part A of Schedule C. (d) For the purposes of this subclause the allow- ance provided in subparagraph 2 (b) (iii) and (iv) of this subclause shall not apply. (4) Allowance for other officers using vehicle on official business (a) An officer who is not required to supply and maintain a motor vehicle for use when travel- ling on official business as a term of employ- ment, but when requested by the employer voluntarily consents to use the vehicle shall, for journeys travelled on official business approved by the employer be reimbursed all expenses incurred in accordance with the appropriate rates set out in Parts B and C of Schedule C. (b) For the purpose of subparagraph (a) of this subclause an officer shall not be entitled to reimbursement for any expenses incurred in respect to the distance between the officer's residence and headquarters and the return distance from headquarters to residence. (c) Where an officer in the course of a journey travels through two or more separate areas, reimbursement shall be made at the appropriate rate applicable to each of the areas traversed as set out in Part B of Schedule C. (5) Allowance for towing employer's caravan or trailer: In cases where officers are required to tow an employer's caravan on official business, the additional rate shall be three cents per kilometre. When an employer's trailer is towed on official business the additional rate shall be two cents per kilometre. (6) Increase of inadequate rates: The employer may increase the rates prescribed by this clause in any case in which it is satisfied that they are inadequate. (7) Special Conditions: Notwithstanding the provi- sions of this clause where the cost of vehicles and petrol increase or decrease such that a corresponding increase or decrease in the allowance provided for a vehicle over 1600cc in the Metropolitan area would amount to 0.1 of a cent or greater then the parties agree that the allowance shall be increased or decreased accordingly. 18.—Shift Work. (1) The provisions of this clause shah only apply to officers employed by the Lotteries Commission. (2) Definitions: For the purpose of this clause the following expressions shall have the following meaning:— "Day shift'' means a shift commencing after 6.00 a.m. and before 12 noon. "Afternoon shift" means a shift commencing at or after 12 noon and before 6.00 p.m. "Night shift" means a shift commencing at or after 6.00 p.m. and before 6.01 a.m. "Commission" means the Lotteries Commission of Western Australia. (3) Shift Work Allowance (a) An officer required to work an afternoon or night shift of 7 '/i hours shall, in addition to the ordinary rate of salary, be paid the allowance specified in schedule H for each afternoon or night shift worked. (b) Work performed during ordinary rostered hours on Saturdays and Sundays shall be paid for at the rate of time and one half and on Public Service holidays at double time and one half. These rates shall be paid in lieu of the allowance prescribed in subparagraph (a) of this clause. Provided that in lieu of the foregoing pro- visions of this subparagraph and subject to agreement between the Commission and the officer, work performed during ordinary rostered hours on a Public Service holiday shall be paid for at the rate of time and one half and the officer may, in addition, be allowed a day's leave with pay to be added to annual leave or to be taken at some other time within a period of one year. (c) An officer rostered off duty on a Public Service holiday shall be paid at ordinary rates for such day or, subject to agreement between the Commission and the officer, be allowed a day's leave with pay in lieu of the holiday to be added to annual leave or to be taken at some other time within a period of one year. (d) An officer engaged on shift work who is rostered to work regularly on Sundays and/or Public Service holidays shall be allowed one week's leave in addition to the normal entitle- ment to annual leave of absence for recreation. (e) Additional leave provided by subparagraphs (b) and (c) of this clause shall not be subject to the annual leave loading prescribed by Clause 7 (g) of the Award. (f) Work performed by an officer in excess of the ordinary hours of a shift or on a rostered day off shall be paid for in accordance with the provisions of Clause 19.—Overtime of the Award. (g) When an officer begins or ceases a shift between the hours of 11 .(X) a.m. and 7.00 p.m. and no public transport is available, the officer shall be reimbursed the appropriate rate of hire prescribed by Schedule C if the officer uses a motor vehicle or motor cycle for the journey between the officer's residence and the Commission's headquarters. (4) Hours of Duty and Rosters (a) An officer engaged on shifts shall work a 75 hour fortnight, exclusive of meal intervals, on the basis of no more than 10 shifts of 7 lA hours duration. 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. (b) Meal breaks shall be for a period of at least 30 minutes, but not greater than one hour for each meal. (c) Officers may be rostered to work on any of the seven days of the week provided that in any roster period, no officer shall be rostered for more than six consecutive days. (d) The roster period shall begin at the beginning of a pay period and continue for 14 consecutive days. Rosters shall be available to officers at least seven clear working days prior to the commencement of the roster. (e) A roster may only be altered on account of contingency which the Commission could not have been reasonably expected to foresee. When a roster is altered, the officer concerned shall be notified of the changed shift on the day before the changed shift commences. (f) An officer shall not be rostered for duty until at least eight hours have elapsed from the time the officer's previous rostered shift ended. (g) An officer shall not be retained permanently on one shift unless the officer so elects in writing. (5) To the extent that the provisions of this clause and Clause 19 conflict the provisions of this clause shall prevail. 19.—Overtime. (1) Definitions: In this clause the following expressions shall have the following meanings:— "Prescribed Hours of Duty" means the officer's normal working hours. "Public Holiday" means the days prescribed in Clause 22 of this Award. "Ordinary Travelling Time" means the time which an officer would ordinarily spend in travelling by public transport once daily from his home to his usual head- quarters and home again. It is time elapsing between time of departure from home and the official time of commencement of duty and the time elapsing between the official time of cessation of duty and arrival at home. Where an officer has a continuing approval to use his vehicle for official business (that is, paid motor vehicle allowance), ordinary travelling time means the time spent in travelling by that vehicle from his home to his head- quarters and home again each day. (2) Overtime: (a) When and as often as it is necessary to over- come arrears of work or to meet pressure of business, any officer may be required by the employer to perform reasonable overtime duty at times other than the ordinary hours of attendance applicable to that officer, including work on Saturdays, Sundays, holidays and special days off and unless reasonable excuse exists the officer shall work in accordance with such requirement. All work performed by direction of the employer — (i) before or after the prescribed hours of duty on a weekday; (ii) on a Saturday, Sunday or Public Holiday, shall be classed as overtime and subject to the provisions of this clause, shall be paid for at the hourly rate prescribed by paragraph (b) of this subclause. (b) Payment for overtime shaU be calculated on an hourly basis in accordance with the following formula — Weekdays: For the first three hours on any week day — Fortnightly salary x3 75 2 After the first three hours on any one week day — Fortnightly salary x2 75 1 Saturdays: First three hours on any Saturday — Fortnightly salary x3 75 2 After the first three hours or after 12 noon, whichever is the earlier, on any Saturday — Fortnightly salary x2 75 1 Sundays: Fortnightly salary x2 75 1 Public Holidays: During prescribed hours of duty — Fortnightly salary x3 75 2 in addition to the normal days pay. During hours outside of prescribed hours of duty — Fortnightly salary x5 75 2 "Fortnightly salary" shall be calculated in accordance with the formula contained in subclause (1) of Clause 9 of this Award, but unless otherwise approved by the employer shall not include higher duties allowance. Provided that higher duties allowance shall only be included in "fortnightly salary" when overtime is worked on duties for which the allowance is specifically paid. (c) Where an officer so elects in writing before commencing to work overtime, time off in lieu of payment may be granted by the employer. Such time off in lieu to be determined on an hourly basis by dividing the officer's normal hourly rate of pay into the amount to which the officer would otherwise have been entitled at the prescribed rate in accordance with para- graph (b) of this subclause. (d) Any commuted allowance and/or time off in lieu of overtime, other than that provided in paragraph (c) of this subclause shall be negotiated between the employer and the Union provided that where there is disagree- ment between the employer and the Union as to the necessity for or the amount of commuted allowance or time off, the matter may be referred to a Board of Reference. (e) A break of at least 30 minutes, which shall not be reckoned as overtime, shall be taken for meals between 12 noon and 2.00 p.m. when overtime is worked on a Saturday, Sunday or Public Holiday, and between 5.00 p.m. and 7.00p.m. on any weekday on which overtime is worked. (f) No claim for payment or time off in lieu under the provisions of this clause shall be allowed in respect of any day on which the additional time worked amounts to less than 30 minutes. (g) Where an officer, having received prior notice, is required to return to duty — (i) On a Saturday, Sunday or Public Holiday the officer shall be entitled to payment at the rate in accordance with paragraph (b) of this subclause for a minimum period of three hours. (ii) Before or after the prescribed hours of duty on a weekday the officer shall be entitled to payment at the rate in accor- WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 67 W.A.I.G. dance with paragraph (b) of this sub- clause for a minimum period of 1 Zi hours. (iii) For the purposes of this subclause, where an officer is required to return to duty more than once, each duty period shall stand alone in respect to the appli- cation of minimum period payment except where the second or subsequent return to duty is within any such mini- mum period. (h) The provisions of paragraph (g) of this sub- clause shall not apply in cases where it is customary for an officer to return to his place of employment to perform a specific job out- side his prescribed hours of duty or where the overtime is continuous (subject to a reasonable meal break) with the completion or commence- ment of prescribed hours of duty. (i) When an officer is directed to work overtime at a place other than the usual headquarters, and provided that place where the overtime is to be worked is situated in the area within a radius of 50 kilometres from the usual headquarters, and the time spent in travelling to and from that place is in excess of the time which an officer would ordinarily spend in travelling to and from the usual headquarters, and provided such travel is undertaken on the same day as the overtime is worked, then such excess time shall be deemed to form part of the overtime worked. (j) Except as provided in subclauses (3) (e) and (4) (b) of this clause, when an officer is directed to work overtime at a place other than the usual headquarters and provided that place where the overtime is to be worked is situated outside the area within the radius of 50 kilometres from the usual headquarters and the time spent in travel- ling to and from that place is in excess of the time which an officer would ordinarily spend in travelling to and from the usual headquarters, then the officer shall be granted time off in lieu of such excess time spent in actual travel in accordance with subclause (5). (k) Except as provided in paragraph (i) of this subclause, payment for overtime, or the granting of time off in lieu of overtime or travelling time, shall not be approved in the following cases — (i) Officers whose maximum salary or maximum salary and allowance in the nature of salary exceeds the gross annual equivalent to the salary paid from time to time in respect of Level 5 as contained in Clause 9 of the Award. (ii) Officers whose work is not subject to close supervision. (iii) Officers whose salary includes specific provision in respect to overtime. (1) Notwithstanding the provisions of paragraph (k) of this subclause, where from the nature of the duties required or from other relevant circumstances it appears just and reasonable, any such officer as is referred to in that para- graph shall, with the special approval of the employer be paid overtime or granted time off in lieu as prescribed by paragraph (b) or para- graph (c) respectively of this subclause and if in any such case the employer declines to give such special approval the matter may be referred to a Board of Reference. Where an officer not subject to close super- vision is directed by the employer to carry out specific duties involving the working of over- time, and provided such overtime can be reasonably determined, then such officer shall be entitled to payment or time off in lieu of overtime worked in accordance with paragraph (b) or paragraph (c) of this subclause. (m) Where an officer performs overtime duty after the time at which the officer's normal hours of duty end on one day and before the time at which the officer's normal hours of duty are to commence on the next succeeding day, for a period which results in the officer not being off duty between these times for a continuous period of not less than eight hours, the officer is entitled to be absent from duty without loss of salary, until from the time of ceasing overtime duty, the officer has been off duty for a continuous period of eight hours. Provided that where an officer is required to return to or continue work without such break, the officer shall be paid at double the ordinary rate until released from duty, until the officer has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. The provisions of this subclause shall not apply to officers included in subclause (3). (n) Where an officer is required to work a con- tinuous period of overtime which extends past 12 midnight into the succeeding day the time worked after 12 midnight shall be included with that worked before 12 midnight for the purpose of calculation of payment provided for in para- graph (b) of this subclause. (3) On Call: (a) An officer who is authorised by the employer to be "on call" during periods off duty, shall be paid an allowance as prescribed in Schedule G of this Award. (b) For the purpose of this clause "on call" shaU mean an instruction to an officer to remain at the officer's place of residence or otherwise to be available for immediate contact in the case of an emergency call-out requiring the perform- ance of duties away from such place of residence. (c) Where an officer is required to be "on call'' the employer shall supply a telephone and pay all connection and disconnection charges and annual rental charges. If the officer so required to be "on call" has already a telephone connected, the employer shall pay all rental charges. (d) Where an officer rostered for "on call'' duty is recalled for duty during the period for which he is "on call" then he shall receive payment for hours worked in accordance with subclause (2) (b) of this clause. "On call" allowance is paid in addition to any overtime paid in these circumstances. (e) Time spent in travelling to and from the place of duty where an officer rostered "on call" is actually recalled to duty, should be included with actual duty performed for purposes of overtime payment. Provided that such place of duty is situated in the area within a radius of 50 kilometres from the officer's usual head- quarters. (0 Minimum payment provisions do not apply to an officer rostered for "on call" duty. (g) An officer in receipt of "on call" allowance and who is recalled to duty shall not be regarded as having performed emergency duty in accordance with subclause (4) of this clause. (4) Emergency Duty: (a) Where an officer is called on duty to meet an emergency at a time when the officer would not ordinarily have been on duty, and no notice of such call was given prior to completion of usual 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 809 duty on the last day of work prior to the day on which the officer is called on duty, then, if called on duty — (i) on a Saturday, Sunday or Public Holiday, the officer shall be entitled to payment at the rate in accordance with subclause (2) (b) of this clause for a minimum period of three hours; (ii) before or after the prescribed hours of duty on a weekday the officer shall be entitled to payment at the rate in accor- dance with subclause (2) (b) of this clause for a minimum period of 2'A hours; (iii) for the purpose of this clause, where an officer is recalled more than once, each period of emergency duty shall stand alone in respect to the application of the minimum period payment, subject to paragraph (c) of this subclause. (b) Time spent in travelling to and from the place of duty where the officer is actually recalled to perform emergency duty, shall be included with actual duty performed for the purposes of over- time payment. Provided that such place of duty is situated in the area within a radius of 50 kilo- metres from his usual headquarters. (c) When an officer is recalled to work to perform emergency duty the officer shall not be obliged to work for the minimum period if the work for which the officer was recaEed is completed in less time, provided that if an officer is called out more than once within any such minimum period there shall not be any entitlement to any further payment for the time worked within that minimum period. (5) Excess Travelling Time: An officer, eligible for payment of overtime who is required to travel on official business outside of the officer's normal working hours and away from the officer's usual headquarters, shall be granted time off in lieu of such actual time spent in travelling at equivalent or ordinary rates on weekdays and at time and one half on Saturdays, Sundays and Public Holidays: Provided — (a) Such travel is undertaken at the direction of the employer. (b) Such travel shall not include — (i) time spent in travelling by an officer on duty at a temporary headquarters to the officer's home for weekends for the officer's own convenience; (ii) time spent in travelling by plane between the hours of 10.00 p.m. and 6.00 a.m.; (iii) time spent in travelling by train or coach between the hours of 10.00 p.m. and 6.00 a.m.; (iv) time spent in travelling by ship when meals and accommodation are provided; (v) time spent in travel resulting from the permanent transfer or promotion of an officer to a new location; (vi) time in travelling in which an officer is required by the employer to drive, outside of the officer's ordinary hours of duty, an employer's vehicle or to drive the officer's own motor vehicle involving the payment of motor vehicle allowance but such time shaU be deemed to be overtime and paid in accordance with subclause (2) (b) of this clause. (c) The maximum period which shaH apply for the granting of time off in lieu shall be eight hours in any one day. (d) Time off in lieu will not be granted for periods of 30 minutes or less. (e) Where such travel is undertaken on a normal working day, time off in lieu is granted only for such time spent in travelling before and/or after the usual hours of duty, and where the exigencies of travel compel an officer to travel during the officer's usual lunch interval such additional travelling time is not to be taken into account in computing the number of hours of travelling time due. (f) Where such travel is undertaken on a normal working day, time off in lieu is granted only for such time spent in travelling before and/or after the usual hours of duty which is in excess of the officer's ordinary travelling time. (g) Except as provided in paragraph (b) of this subclause, all time spent in actual travel on Saturdays, Sundays and Public Holidays, shaU be deemed to be excess travelling time. (6) Special Conditions: Any group of officers whose duties necessarily entail special conditions of employment shaO not be subject to the prescribed hours of duty as defined in subclause (a) if the employer and the Union so agree. Provided, however, that any dispute in this matter may be referred to a Board of Reference. 20.—Part-Time Officers. (1) An officer who is employed on a part-time basis shall be paid a proportion of the appropriate full-time salary prescribed by this Award, dependent upon the time worked each week. The salary shall be calculated as follows: Hours worked each fortnight x Full-time fortnightly salary 75 1 (2) Part-time employment shall not count as qualifying service for short leave. (3) Part-time employment shall count as qualifying service for annual recreation leave and sick leave on the following basis: (a) Annual Recreation Leave: Normal entitlement as prescribed by this Award. An officer's salary during the period of such leave shall be calcu- lated in accordance with subclause (1) of this clause and based on the fortnightly salary at the time the leave is taken. (b) Sick Leave: Normal credits prescribed shall accrue to an officer, provided that where an officer is employed for less than five days per week, the periods credited shall be pro rata according to the average number of days worked each week. Payment made for sick leave granted in respect of part-time service shall be calculated in accordance with subclause (1) of this clause. (4) An officer employed on a part-time basis shaE be given the benefit of Public Holidays without variation to his fortnightly salary provided the holiday occurs on a day which is normally worked. (5) Service by an officer shaE count as quaEfying service for long service leave. Payment made for long service leave granted to an officer in respect of part-time service shaE be adjusted according to the hours worked by the officer during that part-time service subject to the following: (a) If an officer consistently worked on a part-tim basis for a regular number of hours during the whole of the qualifying service, the officer shaE continue to be paid the salary determined on .that basis during the long service leave. (b) If an officer has worked a varying number of weekly hours during the qualifying service, the payment for long service leave granted in respect of part-time service shaE be calculated on a salary which bears to the fuE-time salary of the position occupied by the officer when taking leave, the same proportion that the 810 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 67 W.A.I.G. hours worked when employed on a part-time basis bears to the normal weekly hours of a full- time officer. Example — payment for long service leave granted for seven year's service consisting of four years' working two-thirds time and three years' full-time, shall be calculated as follows: (i) four-sevenths of leave paid at two-thirds salary; and (ii) three-sevenths of leave paid at full salary. This provision also applies to a full-time officer who has been employed on a part-time basis during the officer's qualifying service. 21.—Protective Clothing. An officer engaged on work which requires the provision of protective clothing shall be provided with such protective clothing or granted an allowance as determined by the employer. Provided that if there is a dispute or disagreement as to the amount of such allowance, such matters shall be referred to a Board of Reference. 22.—Public Holidays. (1) The following days shall be allowed as holidays with pay: (a) New Year's Day, Good Friday, Easter Monday, Christmas Day, the 26th day of December, the 25th day of April (Anzac Day). (b) The Anniversary of the Birthday of the Sovereign, Foundation Day (1st day of June), Labour Day (1st day of March). (c) All days which the Governor may appoint and are notified as Public Service Holidays. (2) Whenever any of the days mentioned in paragraph (b) fall on a day other than a Monday, the next following Monday shall be the holiday instead of such day. 23.—Relieving Allowance. An officer who is required to take up duty away from the officer's usual headquarters on relief duty or to perform special duty, and necessarily resides temporarily away from the officer's usual place of residence, shall be reimbursed reasonable expenses on the following basis:— (1) Where the officer:— is supplied with accommodation and meals free of charge, or is accommodated at a Government institution, hostel or similar establishment and supplied with meals, reimbursement shall be in accordance with the rates prescribed in Column A, Items 1, 2 or 3 of Schedule B. (2) Where the officer is fully responsible for accommodation, meals and incidental expenses and hotel or motel accommodation is utilised:— (a) For the first 42 days after arrival at the new locality reimbursement shall be in accordance with the rates prescribed in Column A, Items 4 to 8 of Schedule B. (b) For periods in excess of 42 days after arrival in the new locality reimbursement shall be in accordance with the rates prescribed in Column B, Items 4 to 8 of Schedule B for Married Officers or Column C, Items 4 to 8 of Schedule B for Single Officers: Provided that the period of reimbursement under this subclause shall not exceed 49 days without the approval of the employer. (3) Where the officer is fully responsible for accommodation, meals and incidental expenses and other than hotel or motel accommodation is utilised reimbursement shall be in accordance with the rates prescribed in Column A, Items 9,10 or 11 of Schedule B. (4) If an officer, whose normal duties do not involve camp accommodation, is required to relieve or perform special duty resulting in a stay at a camp, the officer shall be paid camping allowance for the duration of the period spent in camp, and in addition, shall be paid a lump sum of $70.00 to cover incidental personal expenses: Provided that an officer shall receive no more than one lump sum of $70.00 in any one period of three years. (5) Reimbursement of expenses shall not be suspended should an officer become ill whilst on relief duty, provided leave for the period of such illness is approved in accordance with the provisions of Clause 12 of this Award and the officer continues to incur accommoda- tion, meal and incidental expenses. (6) When an officer, who is required to relieve or perform special duties in accordance with the preamble of this clause, is authorised by the employer to travel to the new locality in the officer's own motor vehicle reimbursement for the return journey shall be as follows:— (a) Where the officer will be required to maintain a motor vehicle for the performance of the relieving or special duties, reimbursement shall be in accordance with the appropriate rate pre- scribed by Clause 17 of this Award. (b) Where the officer will not be required to main- tain a motor vehicle for the performance of the relieving or special duties reimbursement shall be on the basis of one half of the appropriate rate prescribed by Clause 17 of this Award, provided that the maximum amount of reim- bursement shall not exceed the cost of the fare by public conveyance which otherwise would be utilised for such return journey. (7) The rate applicable to a married officer under subclause (2) (b) shall be paid to a single officer if the employer is satisfied that the officer has to maintain a home and support dependants therein, in a locality other than that to which they have been sent. A certificate to this effect must be furnished by a single officer claiming the higher rate. (8) Where it can be shown by the production of receipts or other evidence that an allowance payable under this clause would be insufficient to meet reason- able additional costs incurred, an appropriate rate of reimbursement shall be determined by the employer. (9) The provisions of Clause 29 shall not operate concurrently with the provisions of this clause to permit an officer to be paid allowances in respect of both travelling and relieving expenses for the same period: Provided that where an officer is required to travel on official business which involves an overnight stay away from the officer's temporary headquarters the employer may extend the periods specified in subclause (2) by the time spent in travelling. (10) An officer who is directed to relieve another officer or to perform special duty away from his usual headquarters and is not required to reside temporarily away from the usual place of residence shall, if the officer is not in receipt of a higher duties or special allowance for such work, be reimbursed the amount of additional fares paid in travelling by public transport to and from the place of temporary duty. 24.—Removal Allowance. (1) When a married officer is transferred in the public interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the officer has no control, the officer shall be reimbursed: (a) The actual reasonable cost of conveyance for the officer and spouse and children under 16 years of age or other children wholly dependent. (b) The actual reasonable cost up to an amount of $1 350 for conveyance of his furniture, including insurance of such furniture whilst in 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 811 transit unless a higher sum is approved by the employer in any special case: Provided that only necessary household furniture, effects and appliances shall be taken into account. Pro- vided further that the employer is satisfied that the value of household furniture, effects and appliances moved by the officer is at least $1 800. (c) An allowance of $300 for accelerated deprecia- tion and extra wear and tear on furniture, effects and appliances for each occasion that an officer is required to transport his furniture, effects and appliances. Provided that the employer is satisfied that the value of house- hold furniture, effects and appliances moved by the officer is at least $1 800. (2) An officer who is transferred solely at the officer's own request or on account of misconduct must bear the whole cost of removal unless otherwise determined by the employer prior to removal. (3) An officer shall be reimbursed the full freight charges necessarily incurred in respect of the removal of one motor vehicle. If authorised by the employer to travel to a new locality in the officer's own motor vehicle, reimbursement shall be as follows: (a) Where the officer will be required to maintain a motor vehicle for use on official business at the new headquarters, reimbursement for the distance necessarily travelled shall be on the basis of the appropriate rate prescribed by Clause 17 of this Award. (b) Where the officer will not be required to main- tain a motor vehicle for use on official business at the new headquarters reimbursement for the distance necessarily travelled shall be on the basis of one half of the appropriate rate pre- scribed by Clause 17 of this Award. (4) Where practicable furniture, effects and appliances shaU be removed by State-owned transport. Where it is impracticable to use State-owned transport the officer shall, before removal is undertaken, obtain quotes from at least two carriers which shall be submitted to the employer, who may authorise the acceptance of the more suitable: Provided that the maximum amount prescribed by subclause (1) (b) of this clause is not exceeded without the written approval of the employer having first being obtained. (5) The employer may, in lieu of conveyance, authorise payment of an amount not exceeding the maximum prescribed by subclause (1) (b) of this clause to compensate for loss in any case where an officer with prior approval of the employer, disposes of the officer's furniture, effects and appliances instead of removing them to the officer's new headquarters: Provided that such payment shall not exceed the sum which would have been paid if such furniture, effects and appliances had been removed by the cheapest method of transport available. (6) Where an officer is transferred to the employer's accommodation where furniture is provided and as a consequence is obliged to store furniture the officer shall be reimbursed the actual cost of such storage up to a maximum allowance of $400 per annum. Actual cost is deemed to include the premium for adequate insurance coverage of the value of the furniture stored. An allowance under this subclause shall not be paid for a period in excess of four years without the approval of the employer. (7) Receipts must be produced for all sums claimed. (8) New appointees shall be entitled to receive the benefits of this clause if they are required by the employer to participate in any training course prior to being posted to their respective positions. This entitle- ment shall only be available to officers who have completed their training and who incur costs when moving to their first posting. (9) In the case of a single officer, an application for any reimbursement under this clause shall be considered by the employer. 25.—Short Leave. (1) The employer may upon sufficient cause being shown, grant an officer leave of absence not exceeding two consecutive working days but any leave of absence granted shall not exceed, in the aggregate, three working days in any one calendar year. (2) An officer who desires to obtain short leave shall make written application, in a form approved by the employer, prior to the commencement of such leave. 26.—Sick Leave. In the case of illness of an officer, the employer shall grant the officer leave of absence on the following conditions: (1) An application for leave of absence on the grounds of illness exceeding two consecutive working days shall be supported by the certificate of a registered medical practitioner or, where the nature of illness consists of a dental condition and the period of absence does not exceed five consecutive working days, by a certificate of a registered dentist. (2) The number of days leave of absence which may be granted without production of the certificate required by subclause (1) of this clause shall not exceed, in the aggregate, five working days in any one calendar year. (3) An officer who is unfit for duty as a consequence of an illness or injury shall inform the employer, or arrange for the employer to be so informed, forthwith and shall as soon as reasonably possible thereafter, make a formal application for sick leave to cover the absence from duty; otherwise the officer shall be treated as being absent without leave. The application and certificate shall be in the form approved by the employer. (4) Where an application for leave is supported by the certificate of a registered medical practitioner, a further certificate from a Government Medical Officer may be required and if this certificate does not in the opinion of the employer endorse the certificate of the medical practitioner, the officer shall pay the fee due to the Government Medical Officer. (5) The basis for determining the entitlement to leave of absence on the grounds of illness which an officer may be granted shall be ascertained by crediting the officer concerned with the following cumulative periods: Leave on Leave on full pay half pay Working Working Days Days On date of appointment 5 2 On completion of six months' service 5 3 On completion of 12 months' service 10 5 On completion of each additional 12 months' service 10 5 (6) Where an officer is ill during the period of annual leave for recreation for a period of at least seven days; or long service leave for a period of at least 14 days and produced at the time or as soon as possible thereafter medical evidence satisfactory to the employer that the officer is or was as a result of the illness confined to the officer's place of residence or a hospital, the officer may, with the approval of the employer be granted, at a time convenient to the employer, additional leave equivalent to the period during which the officer was so confined. (7) Where an officer is absent on account of illness and the officer's entitlement to sick leave on full pay is exhausted, the officer may, with the approval of the employer elect to convert any part of the officer's entitlement to sick leave on half pay to sick leave on full 812 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 67 W.A.I.G. pay, but so that the officer's sick leave entitlement on half pay is reduced by two days for each day of sick leave on full pay that the officer received by the conversion. (8) Debits for sick leave shall be on the basis of working days and shall not include any of the public holidays prescribed in this Award occurring during the period of leave. (9) An officer who is unable to resume duty on the expiration of an approved period of sick leave shall thereupon apply for a further period of sick leave and any such application shall be supported by a certificate from a registered medical practitioner. (10) An officer who is absent on leave without pay is not eligible for leave of absence on account of illness or injury under this clause during the currency of that leave without pay. (11) This clause shall not apply where the officer is entitled to compensation under the Officers' Compensa- tion Act 1980. (12) No leave of absence on account of illness or injury shall be granted with pay if the illness or injury has been caused by the misconduct of the officer in any case of absence from duty without sufficient cause. (13) Where the employer has occasion to doubt the cause of illness, or the reason for the absence, the employer may send a registered medical practitioner to attend on and examine the officer, or may direct the officer to attend the medical practitioner for examination. If the report of the medical practitioner does not confirm that the officer is ill, or if the officer is not available for examination at the time of the visit of the medical practitioner or the officer fails, without reason- able cause, to attend the medical practitioner when directed to do so, the fee payable for the examination, appointment or visit shall be paid by the officer. (14) Where an officer, who has resigned, is subse- quently re-appointed, the officer shall, for the purposes of this clause be regarded as a new appointee as from the date of his re-appointment. (15) Where an officer who has been retired due to ill health resumes duty the officer's sick leave entitlement at the date of retirement shall be re-instated. (16) An officer who is appointed subject to a medical examination, and whose appointment is deferred for a stated period on the recommendation of the appropriate Medical Officer, shall not be granted sick leave with pay during that period. (17) If the employer has reason to believe that an officer is in such a state of health as to render the officer a danger to fellow officers or the public, the employer may require the officer to obtain and furnish a report as to the officer's condition from a registered medical practitioner or may require the officer to submit to examination by a medical practitioner. (18) Upon receipt of the medical report, the employer may direct the officer to be absent from duty for a specified period, or if already on leave of absence, direct the officer to continue on leave for a specified period, and the officer's absence will be regarded as absence on leave owing to illness. 27.—Study Assistance. (1) An officer may be granted time off with pay for part-time study purposes at the discretion of the employer on the following terms: (a) Time off with pay to attend lectures and/or tutorials may be granted to an officer under- taking a course of study approved by the employer up to a maximum of five hours per week. Such time off is to be inclusive of travelling time and matched by an equal lecture/tutorial private time commitment by the officer. (b) Time off with pay (including travelling time) to attend lectures and/or tutorials may be granted to officers undertaking an external study a course of study approved by the employer where such lectures and tutorials are specifical- ly arranged for external students. The time off with pay under this paragraph shall not exceed the maximum annual amount allowed to an officer under subclause (a) of this clause. (c) An officer shall be granted time off with pay to sit for examinations of approved courses of study. (2) In every case approval of time off to attend lectures and tutorials is subject to: (a) it suiting the convenience of the employer; (b) the course being undertaken on a part-time basis; (c) officers undertaking an acceptable formal study load in their own time; (d) officers making satisfactory progress with their studies; and (e) the course being relevant to the officer's career with the employer and being of value to the State. 28.—Transfer Allowance. (1) Except as provided in subclause (4), a married or single officer who is transferred to a new locality in the public interest, or in the ordinary course of promotion or transfer, or on account of illness due to causes over which the officer has no control, shaU be paid at the rates prescribed in Column A, Item 4, 5 or 6 of Schedule B for a period of 14 days after arrival at new headquarters within Western Australia or Column A, Items 7 and 8 of Schedule B for a period of 21 days after arrival at new headquarters in another State of Australia: Provided that if an officer is required to travel on official business during the said periods, such period will be extended by the time spent in travelling. Under no circumstances, however, shall the provisions of this subclause operate concurrently with those of Clause 29 to permit an officer to be paid allowances in respect of both travelling and transfer expenses for the same period. (2) If a married officer is unable to obtain reasonable accommodation for the transfer of the officer's home within the prescribed period referred to in subclause (1) of this clause and the employer is satisfied that the officer has taken all possible steps to secure reasonable accommodation, such officer shall, after the expiration of the prescribed period to be paid in accordance with the rates prescribed by Column B, Item 4, 5, 6, 7 or 8 of Schedule B as the case may require, until such time as reasonable accommodation has been secured: Provided that the period of reimbursement under this subclause shall not exceed 77 days without the approval of the employer. A single officer shall not be paid allowances under this subclause but in lieu may make like applica- tion to the employer for an ex gratia payment at the employer's discretion. (3) When it can be shown by the production of receipts or other evidence that an allowance payable under this clause would be insufficient to meet reasonable additional costs incurred by an officer on transfer, an appropriate rate of reimbursement shall be determined by the employer. (4) An officer who is transferred to the employer's accommodation, shall not be entitled to reimbursement under this clause: Provided that — (a) Where entry into the employer's accommoda- tion is delayed through circumstances beyond the officer's control an officer may, subject to the production of receipts, be reimbursed actual reasonable accommodation and meal expenses for the officer and spouse and dependent children under 16 years of age or other children wholly dependent, less a 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 813 deduction for normal living expenses pre- scribed in Column A, Items 14 and 15 of Schedule B. and provided that — (b) if any costs are incurred under subclause (7) (b) they shall be reimbursed by the employer. 29.—Travelling Allowance. An officer who travels on official business shall be reimbursed reasonable expenses on the following basis: (1) When a trip necessitates an overnight stay away from headquarters and the officer — (a) is supplied with accommodation and meals free of charge, or (b) attends a course, conference, etc, where the fee paid includes accommodation and meals, or travels by rail and is provided with a sleeping berth and meals, or (c) is accommodated at a Government institution, hostel or similar establishment and supplied with meals, (d) reimbursement shall be in accordance with the rates prescribed in Column A, Item 1, 2 or 3 of Schedule B. (2) When a trip necessitates an overnight stay away from the officer's headquarters and the officer is fully responsible for accommodation, meals and incidental expenses — (a) where hotel or motel accommodation is utilised reimbursement shall be in accordance with the rates prescribed in Column A, Items 4 to 8 of Schedule B; (b) where other than hotel or motel accommoda- tion is utilised reimbursement shall be in accordance with the rates prescribed in Column A, Items 9, 10 or 11 of Schedule B. (3) To calculate reimbursement under subclauses (1) and (2) for a part of a day, the following formula shall apply — (a) If departure from headquarters is: before 8.00 a.m. — 100 per cent of the daily rate. 8.00 a.m. or later but prior to 1.00 p.m. — 90 per cent of the daily rate. 1.00 p.m. or later but prior to 6.00 p.m. — 75 per cent of the daily rate. 6.00 p.m. or later — 50 per cent of the daily rate. (b) If arrival back at headquarters is: 8.00 a.m. or later but prior to 1.00 p.m. — 10 per cent of the daily rate. I.00 p.m. or later but prior to 6.00 p.m. — 25 per cent of the daily rate. 6.00 p.m. or later but prior to 11.00 p.m. — 50 per cent of the daily rate. II.00 p.m. or later — 100 per cent of the daily rate. (4) When an officer travels to a place outside a radius of 50 kilometres measured from the officer's head- quarters, and the trip does not involve an overnight stay away from headquarters, reimbursement for all meals claimed shall be at the rates set out in Column A, Items 12 or 13 of Schedule B subject to the officer's certification that each meal claimed was actually purchased: Provided that when an officer departs from headquarters before 8.00 a.m. and does not arrive back at headquarters until after 11.00 p.m. on the same day reimbursement shall be at the appropriate rate prescribed in Column A, Items 4 to 8 of Schedule B. (5) When it can be shown to the satisfaction of the employer by the production of receipts that reimburse- ment in accordance with Schedule B does not cover an officer's reasonable expenses for a whole trip the officer shall be reimbursed the excess expenditure. (6) In addition to the rates contained in Schedule B an officer shall be reimbursed reasonable incidental expenses such as train, bus and taxi fares, official telephone calls, laundry and dry cleaning expenses, on production of receipts. (7) If, on account of lack of suitable transport facilities, an officer necessarily engages reasonable accommodation for the night prior to commencing travelling on early morning transport the officer shall be reimbursed the actual cost of such accommodation. (8) Reimbursement of expenses shall not be suspended should an officer become ill whilst travelling, provided leave for the period of such illness is approved in accordance with the provisions of this Award and the officer continues to incur accommodation, meal and incidental expenses. (9) Reimbursement claims for travelling in excess of 14 days in one month shall not be passed for payment by a certifying officer unless the employer has endorsed the account. (10) An officer who is receiving at or temporarily transferred to any place within a radius of 50 kilometres measured from headquarters shall not be reimbursed the cost of midday meals purchased, but an officer travelling on duty within that area which requires absence from headquarters over the usual midday meal period shall be paid at the rate prescribed by Item 16 of Schedule B for each meal necessarily purchased, provided that: (a) such travelling is not a normal feature in the performance of the officer's duties; and (b) such travelling is not within the suburb in which the officer resides; and (c) total reimbursement under this subclause for any one pay period shall not exceed the amount prescribed by Item 17 of Schedule B. 30.—Weekend Absence From Residence. (1) An officer who is temporarily absent from normal headquarters on relieving duty or travelling on official business outside a radius of 320 kilometres measured from normal headquarters, and is necessarily absent from the officer's residence and separated from family, shall be granted an additional day's leave for every group of three consecutive weekends so absent provided that each weekend shall be counted as a member of only one group. Provided that: (a) the relief duty or travelling on official business is within Australia and the officer is not directed to work on the weekend by the employer. (b) an additional day's leave shall not be allowed if the employer has approved the officer's family accompanying the officer during the period of relief or travelling. (c) additional leave under this subclause shaU be commenced within one month of the period of relief duty or travelling being completed unless the employer approves otherwise. (d) the annual leave loading provided by Clause 7 of this Award shall not apply to any leave entitlement under this clause. (2) An officer who is temporarily absent from normal headquarters on relieving duty or travelling on official business outside a radius of 320 and up to 400 kilometres measured from normal headquarters, may elect to have the benefit of concessions provided by subclause (3) of this clause in lieu of those provided by subclause (1). Kalgoorlie, Albany and Geraldton shaU be regarded as being within a radius of 400 kilometres for the purposes of this subclause in the case of an officer resident in the Metropolitan Area. (3) An officer who is temporarily absent from normal headquarters on relieving duty or travelling on official business within a radius of 320 kilometres measured from normal headquarters, and such relief duty or travel 814 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 67 W.A.I.G. would normally necessitate the officer being absent from the officer's residence for a weekend, shall be allowed to return to the residence for the weekend provided that: (a) An officer who is directed to work on a weekend by the employer shall not be entitled to the concessions provided by this subclause. (b) All travelling to and from the officer's residence shall be undertaken outside of the hours of duty prescribed by Clause 6 of this Award. (c) An officer, who has obtained the approval of the employer for the family to accompany the officer during the period of relief or traveUing shall not be entitled to the concessions provided by this subclause. (d) When an officer is authorised by the employer to use the officer's own motor vehicle to travel to the locality where the relief duty is being per- formed or when travelling on official business the officer shall be reimbursed on the basis of one half of the appropriate rate prescribed by Clause 17 of this Award, for the journey to the officer's residence for the weekend and the return to the place of relief duty. Provided that the maximum amount of reimbursement shall not exceed the cost of the rail or bus fare by public conveyance which otherwise would be utilised for such journey and payment shall be made only to the owner of such vehicle. (e) When an officer has been authorised by the employer to use the employer's motor vehicle in connection with the relief duty or travelling on official business, the officer shall be allowed to use that vehicle for the purpose of returning to the officer's residence for the weekend as pro- vided by this subclause. (f) An officer who does not use a private motor vehicle or the employer's motor vehicle as pro- vided by paragraphs (d) and (e) of this subclause, shall be reimbursed the cost of the fare by public conveyance by road or rail for the journey, to and from the officer's residence for the weekend. (g) An officer who does not make a claim under the provisions of this subclause shall be paid travelling allowance or relieving allowance as the case may require in accordance with the provisions of Clause 23 or 29 of this Award. (h) An officer who returns home for the weekend in accordance with the provisions of this subclause shall not be entitled to the reimburse- ment of any expenses allowed by Clauses 23 and 29 of this Award during the period from the time when the officer returns home to the time of departing from home to travel to resume duty at the place away from home. 31.—Contract of Service. (1) Full-Time Officers (a) No officer shall leave the employ of the employer until the expiration of one month's written notice of the officer's intention to do so without the approval of the employer. An officer who fails to give the required notice shall forfeit the sum of $250. Such moneys may be withheld from moneys due at the date of resignation. (b) One month's written notice shall be given by the employer to an officer whose services are no longer required. Provided that the employer may pay the officer one month's salary in lieu of said notice. (c) The employer may summarily dismiss an officer deemed guilty of gross misconduct or neglect of duty and the officer shall not be entitled to any notice or payment in lieu of notice. (d) An officer, having attained the age of 55 years shall be entitled to retire from the employ of the employer. (e) Every officer shall retire on attaining the age of 65 years. (f) Notwithstanding any of the other provisions contained in this clause a lesser period of notice may be negotiated between the employer and the officer. (2) Part-Time Officers: A part-time officer shall be entitled to the same salary, leave and other conditions prescribed in this Award for full-time officers, with payment for paid leave being in the proportion to which the officer's weekly hours bear to the weekly hours of an officer engaged full-time in that class of work. (3) Casual Officers (a) A casual officer shall be paid one seventy-fifth of the ordinary fortnightly rate of salary pre- scribed by this Award for the classification in which the casual officer is employed for each hour so employed, with the addition of 20 per cent, in lieu of annual leave, sick leave, long service leave and payment for public holidays. (b) Notwithstanding the provisions of this subclause the employer may terminate the contract in accordance with subclause (1) (c) of this clause. (c) Unless otherwise agreed to between the Union and the employer casual officers shall only be employed to provide relief for an officer who is absent on annual leave, sick leave, or other approved leave of less than one month's duration. Provided however that casual officers may be employed for periods of less than one month where the pressure of the employer's business so requires. (4) Fremantle Port Authority Only: Temporary officers may be engaged at such daily or weekly rate as may be appropriate to the particular class of work, and shall be subject to one day's or one week's notice as the case may be, provided that any such officer engaged on a daily basis but whose period of engagement has exceeded one week shall be subject to one week's notice, and provided further that the minimum wage payable to a temporary officer shaO not be less than the rate pre- scribed for similar work under this Award. 32.—Certificate of Service. On the request of an officer and prior to the officer's termination of service the employer shall provide a Certificate of Service containing full information as to the period of service and the nature of the duties performed by the officer. 33.—Preservation of Accrued Rights and Privileges. Nothing contained in this Award shall operate so as to reduce the rights, privileges or entitlements accrued by existing officers under the superseded Awards referred to in Clause 1 of this Award. 34.—Maternity Leave. (1) Eligibility for Maternity Leave: An officer who becomes pregnant shall, upon production to the employer of a certificate from a duly qualified medical practitioner stating the presumed date of the officer's confinement, be entitled to maternity leave provided that the officer has had not less than 12 months' continuous service with that employer immediately preceding the date upon which the officer proceeds upon such leave. For the purposes of this clause: (a) An officer shaU include a part-time officer but shall not include an officer engaged upon casual or seasonal work. (b) Maternity leave shall mean unpaid maternity leave. 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 815 (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 of 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 officer 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. (c) An officer shall give not less than four weeks' notice in writing to the employer of the date upon which the officer proposes to commence maternity leave, stating the period of leave to be taken. (d) An officer shall 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 officer make it inadvisable for the officer to continue at her present work, the officer 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 commencement of maternity leave. If the transfer to a safe job is not practicable, the officer may, or the employer may require the officer 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 officer 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 officer 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 preg- nancy of an officer terminates other than by the birth of a living child. (b) Where the pregnancy of an officer then on maternity leave terminates other than by the birth of a living child, it shall be the right of the officer to resume work at the time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the officer to the employer that the officer desires to resume work. (6) Special Maternity Leave and Sick Leave. (a) Where the pregnancy of an officer not then on maternity leave terminates after 28 weeks other than by the birth of a living child then — (i) the officer 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 officer's return to work. (ii) for illness other than the normal conse- quences of confinement the officer shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which the officer is then entitled and which a duly qualified medical practitioner certifies as necessary before the officer's return to work. (b) Where an officer not then on maternity leave suffers illness related to the pregnancy, the officer may take such paid sick leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before the officer's return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shaU not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) An officer returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which the officer held immediately before proceeding on such leave or, in the case of an officer who was transferred to a safe job pursuant to subclause (3), to the position the officer held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the officer is qualified and the duties of which the officer is capable of performing, the officer shall be entitled to a position as nearly comparable in status and salary or wage to that of the officer'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 officer may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which the officer is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shaU not be available to an officer during absence on maternity leave. (8) Effect of Maternity Leave on Employment: Not- withstanding any award, or other provisions to the contrary, absence on maternity leave shall not break the continuity of service of an officer 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 officer may terminate the employment at any time during the period of leave by notice given in accordance with this award. (b) The employer shall not terminate the employ- ment of an officer on the ground 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 officer 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 the period of maternity leave. (b) An officer, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which the officer held immediately before proceeding on maternity leave or, in the case of an officer who was transferred to a safe job pursuant to subclause (3), to the position which the officer held immediately before such transfer. Where such 16 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 67 W.A.I.G. position no longer exists but there are other positions available for which the officer is qualified and the duties of which the officer is capable of performing, the officer shall be entitled to a position as nearly comparable in status and salary or wage to that of the former position. (11) Replacement Officers. (a) A replacement officer is an officer specifically engaged as a result of an officer proceeding on maternity leave. (b) Before an employer engages a replacement officer under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the officer who is being replaced. (c) Before an employer engages a person to replace an officer temporarily promoted or transferred in order to replace an officer 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 officer who is being replaced. (d) Provided that nothing in this subclause shaU be construed as requiring an employer to engage a replacement officer. (e) A replacement officer shall not be entitled to any of the rights conferred by this clause except where employment continues beyond the 12 months qualifying period. 35.—Time and Wages Record. (1) The employer shall keep or cause to be kept a Time Book and Salaries Sheet, in either of which shall be entered — (a) the name of each officer to whom this Award applies; (b) the nature of the work performed; (c) the hours worked each day; (d) the salary and overtime (if any) paid to each officer. Officers shall record and sign their starting and finishing times per shift in the Time Book; and shall sign the Salaries Sheet on receipt of their salaries. (2) The Time Book with all entries therein shall, on demand, be produced for inspection by the Secretary or duly authorised official of the Union at any reasonable time. The Salaries Sheet shall be similarly produced on demand during ordinary office hours. (3) Where time books are not used any system of time clocks or administrative arrangements used to record an officer's attendance may be used. (4) Any system of automatic data processing that contains the information referred to in subclause (1) of this clause may be used. 36.—Deduction of Union Subscriptions. (1) The employer shall deduct normal Union sub- scriptions as equal amounts each pay period. (2) Payroll Deduction Authority forms shall be com- pleted by officers. Where the employer requires a standard procuration form, that form shall be used. (3) Where required by the employer or Union, the Union Secretary, or person acting in his/her stead, shall countersign all forms and forward them to the employer's paymaster. (4) (a) The employer shall commence deduction of subscriptions from the first full pay period following receipt of a completed Payroll Deduction Authority form and continue deducting throughout the officer's period of employment, except as provided in subclause (5) of this clause or until the authority is cancelled in writing by the officer; (b) Where the Payroll Deduction Authority form authorises the employer to deduct Union subscriptions in accordance with the rules of the Union, the Union shall notify the employer in writing of the level of Union subscription to be deducted. The employer shaU imple- ment any change to Union subscriptions no later than one month after being notified by the Union except where the Union nominates a later date. (5) (a) The collection of any nomination fee, arrears, levies or fines are not the responsibility of the employer. (b) Where a deduction is not made from an officer's salary in any pay period, either inadvertently or as a resuylt of an officer not being entitled to salary sufficiently to cover the subscription, it shall be the officer's responsibility to settle the outstanding amount with the Union direct. (6) The employer shall not make any deduction of subscriptions from an officer's termination pay on termination of service, other than normal deductions for the preceding pay period. (7) The employer shall forward contributions deducted, together with supporting documentation, to the relevant Union party to this Award at such intervals as are agreed between the employer and the Union. 37.—Trade Union Training Leave. (1) Subject to the provisions of this clause: (a) The employer shall grant paid leave of absence to officers who are nominated by the Union to attend short courses conducted by the Australian Trade Union Training Authority. (b) Paid leave of absence shall also be granted to attend similar courses or seminars as from time to time are approved by agreement between the parties. (2) An officer shall be granted up to a maximum of five days paid leave per calendar year for trade Union training or similar courses or seminars as approved. However, leave of absence in excess of five days and up to 10 days may be granted in any one calendar year provided that the total leave being granted in that year and in the subsequent year does not exceed 10 days. (3) (a) Leave of absence will be granted at the ordinary rate of pay and shall not include shift allowances, penalty rates or overtime. (b) Where a public holiday or rostered day off falls during the duration of a course, a day off in lieu of that day will not be granted. (4) The granting of leave pursuant to the provisions of subclause (1) of this clause is subject to the operation of the organisation not being unduly affected and to the convenience of the employer. (5) (a) Any application by an officer shall be submitted to the employer for approval at least four weeks before the commencement of the course, provided that the employer may agree to a lesser period of notice. (b) All applications for leave shaU be accompanied by a statement from the Union indicating that the employee has been nominated for the course. The application shaU provide details as to the subject, commencement date, length of course, venue and the authority which is conducting the course. (6) A qualifying period of 12 months in employment with the employer shall be served before an officer is eligible to attend courses or seminars of more than half day duration. An employer may, where special circum- stances exist, approve an application to attend a course or seminar where an officer has less than 12 months' Government service. 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 817 (7) (a) The employer shall not be liable for any expenses associated with an officer's attendance at Trade Union training courses. (b) Leave of absence granted under this clause shall include any necessary travelling time in normal working hours immediately before or after the course. 38.—Leave to Attend Union Business. (1) (a) The employer shall grant paid leave during ordinary working hours to an officer: (i) who is required to give evidence before any Industrial Tribunal; (ii) who, as a Union nominated representative of officers, is required to attend negotiations and/or conferences between the Union and the employer; (iii) when prior agreement between the Union and the employer has been reached for the officer to attend official Union meetings preliminary to negotiations or industrial hearings; (iv) who, as a Union nominated representative of officers, is required to attend joint Union/ management consultative committees or working parties. (b) The granting of leave pursuant to paragraph (a) of this subclause shall only be approved, (i) where an application for leave has been submitted by an officer a reasonable time in advance; (ii) for the minimum period necessary to enable the Union business to be conducted or evidence to be given; (iii) for those officers whose attendance is essential; (iv) when the operations of the employer are not being unduly affected and the convenience of the employer impaired. (2) (a) Leave of absence will be granted at the ordinary rate of pay. (b) The employer shall not be liable for any expenses associated with an officer attending to Union business. (c) Leave of absence granted under this clause shaU include any necessary travelling time in normal working hours. (3) (a) Nothing in this clause shall diminish the existing arrangements relating to the granting of paid leave for Union business. (b) An officer shall not be entitled to paid leave to attend Union business other than as prescribed by this clause. (c) The provisions of this clause shall not apply to special arrangements made between the parties which provide for unpaid leave for officers to conduct Union business. (4) The provisions of this clause shall not apply when an officer is absent from work without the approval of the employer. 39.—Notification of Change. (1) Employer's duty to notify (a) Where an employer has made a definite decision to introduce major changes in produc- tion, programme, organisation, structure or technology that are likely to have significant effects on officers, the employer shall notify the officers who may be affected by the proposed changes and the Union. (b) "Significant effects" include termination of employment, major changes in the composi- tion, operation or size of the employer's work- force or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of officers to other work or locations and restructuring of jobs. Provided that where the Award makes provision for alteration of any of the matters referred to herein an alter- ation shall be deemed not to have significant effect. (2) Employer's duty to discuss change (a) The employer shall discuss with the officers affected and the Union, inter alia, the intro- duction of the changes referred to in subclause (1) hereof, the effects the changes are likely to have on officers, measures to avert or mitigate the adverse effects of such changes on officers and shall give prompt consideration to matters raised by the officers and/or the Union in relation to the changes. (b) The discussion shall commence as early as practicable after a firm decision has been made by the employer to make the changes referred to in subclause (1) hereof. (c) For the purposes of such discussion, the employer shall provide to the officers concerned and the Union, all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on officers; and any other matters likely to affect officers. Provided that any employer shall not be required to disclose confidential information the disclosure of which would be inimical to the employees' interests. Schedule A — Salaries. (1) The annual salaries applicable to officers covered by this agreement shall be: Level Salary Per Annum c A B 4 c D Level 1 Under 17 years 7 618 7 907 8 089 8 357 17 years 8 093 9 241 9 454 9 767 18 years 10 383 10 778 11 026 11 392 19 years 12 019 12 476 12 763 13 186 20 years 13 497 14 010 14 332 14 807 21 years or first year of adult service 14 827 15 390 15 774 16 266 22 years or second year of adult service 15 387 15 972 16 339 16 861 23 years or third year of adult service 15 944 16 550 16 931 17 453 24 years or fourth year of adult service 16 500 17 127 17 521 18 043 Q-P • 25 years or fifth year of adult service 17 059 17 707 18 114 18 636 26 years or sixth year of adult service 17 617 18 286 18 707 19 229 27 years or seventh year of adult service 18 259 18 953 19 389 19911 28 years or eighth year of adult service 18 703 19 414 19 861 20 383 29 years or ninth year of adult service 19 360 20 096 20 558 21 000 Level 2 20 146 20 912 21 393 21 915 20 750 21 539 22 034 22 556 21 373 22 185 22 695 23 217 22 014 22 851 23 377 23 899 22 675 23 537 24 078 24 600 Level 3 23 582 24 478 25 041 25 563 24 290 25 213 25 793 26 315 25 018 25 969 26 566 27 088 25 769 26 748 27 363 27 885 Level 4 26 795 27 813 28 453 28 975 27 599 28 648 29 307 29 829 28 427 29 507 30 186 30 708 Level 5 30 020 31 161 31 878 32 400 31 100 32 282 33 024 33 546 32 219 33 443 34 212 34 734 33 380 34 648 35 445 35 967 Provided that the salary rates shown in Column A shall be payable from the beginning of the first pay period commencing on or after 1 November 1985, those in Column B from the beginning of the first pay period commencing on or after 4 November 1985, those in Column C from the beginning of the first pay period commencing on or after 1 July 1986, and those in Column D from the beginning of the first pay period commencing on or after 10 March 1987. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 67 W.A.I.G. Schedule B. Column A Column B Column C Item Particulars Daily rate Daily rate Daily rate married single officer: officer: relieving allowance allowance for period for period in excess of in excess of 42 days 42 days [subclause [subclause (23)(b)(ii)] (23)(b)(ii)] Allowance to meet incidental expenses $ $ $ 1. WA — South of 26 degrees Latitude 4.35 2. WA — North of 26 degrees Latitude 6.70 3. Interstate 6.70 Accommodation involving an overnight stay in a hotel or motel WA — Metropolitan Hotel or Motel 77.90 38.95 25.95 Locality South of 26 degrees South Latitude 62.10 31.05 20.70 Locality North of 26 degrees South Latitude: Broome 109.45 54.70 36.50 Carnarvon 77.85 38.90 25.95 Dampier 103.40 51.70 34.45 Derby 92.05 46.00 30.70 Exmouth 110.95 55.45 37.00 Fitzroy Crossing 70.70 35.35 23.55 Gascoyne Junction 74.70 37.35 24.90 Halls Creek 89.20 44.60 29.75 Karratha 132.70 66.35 44.25 Kununurra 116.20 58.10 38.75 Marble Bar 90.70 45.35 30.25 Newman 128.20 64.10 42.75 Nullaginc 67.70 33.85 22.55 Onslow 97.70 48.85 32.55 Pannawonica 95.70 47.85 31.90 Paraburdoo 104.40 52.20 34.80 Port Hedland 94.55 47.30 31.50 Roebourne 71.70 35.85 23.90 Shark Bay 85.15 42.60 28.40 Tom Price 103.40 51.70 34.45 Wickham 101.20 50.60 33.75 Wittenoom 91.70 45.85 30.55 Wyndham 109.70 54.85 36.55 Interstate — Capital City 103.00 51.50 34.35 Interstate — Other than Capital City 62.10 31.05 20.70 Accommodation involving an overnight stay at other than a hotel or motel 9. WA — South of 26 degrees South Latitude 31.70 10. WA—North of 26 degrees North Latitude 46.10 11. interstate 46.10 Travel not involving an overnight stay 12. WA — South of 26 degrees Latitude: Breakfast 6.70 Lunch 6.70 Evening Meal 13.95 13. WA — North of 26 degrees Latitude: Breakfast 7.50 Lunch 10.80 Evening Meal 21.10 Deduction for normal living expenses 14. Each Adult 12.05 15. Each Child 2.05 Midday Meal 16. Rate per meal 2.90 17. Maximum reimbursement per pay period 14.50 Provided that the rates shown in the above schedule shall be effective on and from 1 March 1987. Schedule C — Motor Vehicle Allowances. Part A — Motor Car Engine Displacement Area and Details (in cubic centimetres) Over Over 1600cc 2600cc 1600cc- and 2600cc Under Metropolitan Area First 4 000 kilometres 58.3 52.4 42.3 Over 4 000-8 (XX) kilometres 25.9 23.2 19.5 Over 8 000-16 000 kilometres 15.1 13.5 11.9 Over 16 000 kilometres 19.5 18.0 14.3 Engine Displacement Area and Details (in cubic centimetres) Over Over 1600cc 2600cc 1600cc- and 2600cc Under South West Land Division First 4 OCX) kilometres 59.5 53.6 43.4 Over 4 000-8 000 kilometres 26.5 23.8 20.0 Over 8 000-16 000 kilometres 15.5 13.8 12.2 Over 16 000 kilometres 19.8 18.3 14.6 North of 23.5 degrees South Latitude First 4 OCX) kilometres 66.0 58.9 48.5 Over 4 000-8 OCX) kilometres 28.9 25.8 21.9 Over 8 000-16 000 kilometres 16.6 14.7 13.0 Over 16 000 kilometres 17.9 16.4 13.4 Rest of the State First 4 000 kilometres 61.4 55.4 44.7 Over 4 000-8 (XX) kilometres 27.4 24.6 20.6 Over 8 000-16 000 kilometres 16.1 14.3 12.6 Over 16 000 kilometres 18.9 17.4 14.1 Part B — Motor Car Engine Displacment Area and Details (in cubic centimetres) Over Over 1600cc 2600cc 1600cc- and 2600cc Under Metropolitan Area 28.6 25.6 21.4 South West Land Division 29.3 26.2 21.9 North of 23.5 degrees South Latitude 32.0 28.5 24.1 Rest of the State 30.2 21.2 22.6 Part C — Motor Cycle Distance Travelled During a Rate c/km Year on Official Business Rate per kilometre 10 Part D — Transition (1) As the Award operates on a fiscal year it is necessary that a transition period between the operative date of the Award and the end of this financial year occurs. Therefore, for the period 1 December 1986 to 30 June 1987 claims made by officers eligible for reimburse- ment under Clauses 2 or 3 of the Award are to be made on the following basis:— 0 to 2500 kms — rate as per 0 to 4000 kms 2501 to 5000 kms — rate as per 4001 to 8000 kms 5001 to 10000 kms — rate as per 8001 to 16000 kms over 10000 kms — rate as per over 16000 kms (2) The transition affects those officers who are eligible to claim under subclauses (2) or (3) only. (3) The conditions as set out under subclauses 2 (2) (c) and (d) of the Award apply from 1 July 1986 to 30 June 1987. The total distance travelled by an officer during the financial year shall be included in calculations to determine whether the officer is eligible to receive reim- bursement under either subclause. Pro rata adjustments should be made for periods which do not count as qualifying service as defined in the Award and for part- time employment. Schedule D (1) — Camping Allowance. South of 26 degrees South Latitude Rate per day Item Permanent Camp — Cook provided by the Department $13.50 1 Permanent Camp — No cook provided $18.(X) 2 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 19 DISTRICT allowance boundaries LIVERINGA* 5B - FITZROY CROSSING jSA TURNER RIVER ; © HALLS CREEK 5A OCEAN PORT HEDLANDy r 0 ,AMP1E\O^I(^A^ ^/TURNER 5A 0 KARBAT^^R^BOURNE rMT. GOLDSWORTHY ^MARBLE BAR SB ABYDQS o RESEARCH STN SB PANNAWONICA Pnullagine SA dwittenoom 5B( J EMI IImq UI. ? . 2 y ** 7, • O 5®**" ** SttrMepem: KWwa to • pctol Swjmsaw «t ^ sod tona. <i«- VtoneaSewHt ttoag toMg. 1«t« tettva 2 "tolefeewWaeltoaeemmweiwg W Kto "ev&i Em <1 tong. It9* Cact atong tha etMat to tong! US* : »m ncrtty «tong torn. i»« to a psM m tot. »• ; tftanea wmi •J«»9 tot t* Bw teundMV •< too. t dtotftet. 3 wmto . ito, ^ at tot. 2g«: ewwe m;: the**, **** **~J to«g. tJ3* to m. tMKjwtfaryct tta, Jdtotnet ^CARNARVON HAMELIN POOL MEEKATHARRA^SA TALLER MG northamptonI^-^^;" 1 GERALDTON^^ N. ^ OONGARAVT THREEN.SPRlNd INDIAN TMT. MAGNET 3A SkalgoorlieJ SOUTHERN vCROSS ^ MERREDINV^—■ qMARVEL LOCHZA^ — ^ ( BURRACOPP'N WIOGIEMOOL , NORTHAMJ \ / -PERTH OCEAN VSALMON GUMS 2A JNEWOEGATE 2A -vRAVENSTHORPE jESPERANCE 2A ' SJSSSLTON - -—1k I r^HOPETOUN ' totto, Wtotora AMtraCXS?' ttwa tertt. to tha oaat; tS^ca' Hto c*M to toAa, isa- ttoaw, Nwth to ma tototo*tto- •• 2,; W* 1, (tong tat. WARBURTON MISSION 4A 3 That «r»a at th« Suto tJtuaiad b*. Hto tot. J«* and a Una Hxsn- Caat toe*i Catnat Ear to tha 6 Ttat araa at tha ttoto NarBi at a "•to running Eatt tram Carnal Cay to "to Waatoan AuatraUan bardar GREAT AUSTRALIAN BIGHT: 54421—4 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 67 W.A.I.G. Other Camping ■ the Department Other Camping • - Cook provided by - No cook provided Rate per day Item $22.50 3 $27.00 4 Schedule D (2) — Camping Allowance. North of 26 degrees South Latitude Permanent Camp — Cook provided by the Department $20.70 1 Permanent Camp — No cook provided $25.20 2 Other Camping — Cook provided by the Department $29.50 3 Other Camping — No cook provided $34.20 4 Provided that the rates shown in the above schedules shall be effective on and from 1 March 1987. Rate per day Item — No cook provided Cook provided by $20.70 $25.20 $29.50 $34.20 District Allowance. Schedule E — Part 1. (a) Married Male Officers — subclause (12) (a) Column I District Column II Standard Rate $ p.a. 3 949 3 224 Column IV Rate Column III Exceptions to Standard Rate Town or Place Halls Creek Marble Bar Port Hedland Carnarvon 2 737 Kalgoorlie ) Boulder ) 240 Esperance 972 1 Nil Nil Nil (b) (i) Single officers — subclause (12) (b) (ii) Officers where headquarters are not located in a district allowance district — subclause (12) (g)- Half of the appropriate rate as prescribed in (a) above. Provided that these rates shall operate with effect on and from 1 January 1987. Schedule F — Meal Allowance. Breakfast $3.90permeal Lunch $4.80 per meal Evening Meal $5.75permeal Schedule G — On Call Allowances. Where the rostered period is for: (1) any night, Monday to Friday, inclusive — $3.60 per night; and (2) Saturday, Sunday and Public Holiday (day and night inclusive) — $7.20 per day. Schedule H — Shift Allowance. Each afternoon or night shift — $9.54. Schedule I — Respondents. Western Australian Coastal Shipping Commission Western Australian Meat Commission Western Australian Egg Marketing Board Fremantle Port Authority Hon Minister for Works Hon Minister for Transport Lotteries Commission of Western Australia Water Authority of Western Australia Schedule 2. 1.—Title. This Award shall be known as the Clerks' (Fremantle Port Authority) — Wharf and Special Conditions Award 1987. 2. —Arrangement. 1. Title. 2. Arrangement. 3. Objects. 4. Area and Scope. 5. Date of Operation. 6. Hours of Attendance. 7. Annual Recreation Leave. 8. Overtime. 9. Meal Allowance. 10. Sick Leave on Retirement. 11. Holidays. 12. Transition — Qualification Allowance. 13. Savings. 3.—Objects. The object of this Award is to ensure that the employees covered by this Award continue to receive hours, wages and conditions not less than those set down by the Fremantle Port Authority Clerks' (Head Office Staff) Award No. 10 of 1957 as amended to the date of operation of this Award. 4.—Area and Scope. This Award shall apply to all clerical employees employed by the Fremantle Port Authority and covered by the Clerks' (Public Authorities) Award 1987 (the parent award). 5.—Date of Operation. This Award shall apply from the 1st day of November 1985 being the date of operation of the parent award. 6.—Hours of Attendance. Notwithstanding Clause 6.—Hours of Attendance of the parent award the hours usually worked by employees covered by this Award prior to 1 November 1985 shall continue to be observed during the currency of this Award and shall be worked on Mondays to Fridays inclusive with an interval of not less than one half hour nor more than an hour for lunch between the hours of 12 noon and 2.00 p.m. provided that: (1) The Authority may require any officer to work reasonable overtime at overtime rates, and such officer shall work overtime in accordance with such requirement. (2) The Union or officer or officers covered by this 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 clause. 7.—Annual Recreation Leave. Notwithstanding Clause 7.—Annual Recreation Leave of the parent award the following provisions for Annual Recreation Leave shall apply — (1) A period of four weeks' leave with pay, shall be granted to a worker after each period of 12 months' continuous service. (2) Should any of the holidays referred to in Clause 22.—Public Holidays of the parent award occur during the period an officer is on annual leave and is observed on a day which would have been an ordinary working day, a day in lieu of any such holiday shall be added to the period of annual leave. (3) Annual leave shall, at all times be taken at a time convenient to the Authority. (4) If after one month's continuous service in any qualifying 12 monthly period an officer leaves the Authority, or his employment is terminated by the 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 821 Authority through no fault of the officer the officer shall be paid one third of a week's pay at his ordinary rate in respect of each complete month of continuous service. (5) The Authority may, upon special application, permit any officer to accumulate his annual leave for three years, but no longer. (6) An officer shall be paid for any period of annual leave prescribed by this clause at the ordinary rate of pay of the officer plus a loading of 17 Vi per cent on all annual leave accruing from 1 January 1973, 22Vi per cent on all annual leave accruing from 1 January 1974, 25 per cent on all annual leave accruing from 6 May 1974, 27 Vi per cent on all annual leave accruing from 1 January 1980, provided that the maximum amount of loading payable shall not exceed the amount set out in the Common- wealth 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. 8.—Overtime. Notwithstanding Clause 19.—Overtime of the parent award the following provisions for overtime shall apply — (1) Overtime shall mean and include all time worked in excess of or outside of the ordinary hours of duty as prescribed in Clause 6.—Hours of Attendance of this Award. (2) All time worked between the usual finishing time and 12 midnight on an ordinary working day shall be paid for at the rate of double time, provided that an officer recalled to duty after the usual finishing time shall be paid a minimum of two hours at the appropriate rate. (3) All time worked between 12 midnight and the usual starting time shall be paid for at the rate of double time, with the minimum payment as for four hours, except where the period of duty commenced at or within four hours of the usual starting time when the payment shall be from the time duty actually commences until the normal starting time, provided that where the work performed after 12 midnight is worked in consecutive extension of overtime performed prior to 12 midnight or after a meal interval taken at 12 midnight, payment shall be made for actual time worked. (4) All time worked on Saturday between the ordinary starting time and 12 noon shall be paid for at the rate of double time with a minimum payment as for two hours. (5) All time worked between 12 noon and 12 midnight on Saturdays shall be paid for at the rate of double time with a minimum payment as for two hours except where such time is worked in consecutive extension (apart from meal breaks) with work performed prior to 12 noon, when payment shall be made for actual time worked. (6) All time worked on Sundays and public holidays as prescribed in Clause 22.—Public Holidays of the parent award shall be paid for at the rate of double time and one half with a minimum payment as for four hours. (7) All time worked on public holidays which occur on non working days shall be paid for at the rate of double time with a minimum payment as for four hours. (8) An officer required to work during the normal meal break shall be paid at double time until such time as the employee is released to take a meal break. (9) Officers whose maximum rate of pay exceeds that as prescribed from time to time for the 2nd increment of the rate paid in respect of a classified officer Level 5 as contained in Clause 9.—Salaries and Salary Ranges — Clerical Officer of this award shall not be entitled to overtime, provided that where from the nature of the duties required or from other relevant circumstances it appears just and reasonable, any such officer may, with the approval of the Authority, be paid overtime in accordance with the provisions of this clause. 9.—Meal Allowance. Notwithstanding Clause 15.—Meal Allowance of the parent award the following provisions for meal allowance shall apply — (1) In addition to the payment for overtime prescribed in Clause 8.—Overtime of this Award a meal allowance of $6.75 shall be paid to each officer in the following circumstances: (a) Officers who are required to commence duty at 6.30 a.m. or earlier, or continue working after their normal finishing time beyond 6.00 p.m. (b) On other than an ordinary working day: Where an officer is required for duty and works before and after the usual meal time, provided that the actual period of work exceeds two hours. For the purpose of this subclause the usual meal times shall be deemed to be: Breakfast 6.30 a.m. toS.OOa.m.,Lunch 12noonto 1.00p.m., Dinner 5.00 p.m. to 6.30 p.m. (2) The amount of the meal allowance shall be adjusted from time to time in accordance with move- ments in the meal allowance payable to Waterside Workers. 10.—Sick Leave on Retirement. (1) After 10 years' service the employer shall pay to an officer on retirement, due to age or ill health, or in the case of his death to his dependants or his estate 100 per cent of his accumulated sick leave entitlement. (2) For the purpose of subclause (1) hereof the accumulated sick leave entitlement shall be calculated on each completed month of service as from and including 1 July 1967, on the following basis: (a) From 1 July 1967 to 30 June 1972 sick leave shall be deemed to accrue at the rate of five days a year. (b) From 1 July 1972, sick leave shall be deemed to accrue at the rate of 10 days a year. (c) The accumulated sick leave entitlement calcu- lated in accordance with paragraphs (a) and (b) hereof shall be reduced by deducting all sick leave taken since the 1st day of July 1967. 11.—Holidays. (1) In relation to the holidays prescribed by Clause 22.—Public Holidays of the parent award an additional day, picnic day (to be observed on the day upon which the Waterside Workers' Picnic Day falls) shall be observed as a public holiday. (2) Whenever a holiday falls on an ordinary working day and a worker is not required to work on that day, he shall be paid for the day as though it were an ordinary working day. 12.—Transition — Qualification Allowance. Notwithstanding subclause (3) (b) (vi) of Clause 9.— Salaries and Salary Ranges of the parent award — (1) Officers in receipt of a qualification allowance at the date of operation of this Award or who would have become entitled to such an allowance as a result of studies completed in the 1985 calendar year, shall continue to receive or be granted such allowance or increase in allowance whilst in receipt of a salary not exceeding the minimum rate prescribed by Clause 9.— Salaries and Salary Ranges of the parent award as set out in Schedule A of that award for a level 4 officer. (2) The qualifications allowance for workers as prescribed by subclause (1) of this clause shall be an allowance equivalent to the difference between the officer's rate and the next higher rate prescribed in the incremental scale. 13.—Savings. The terms and conditions of the parent award shall be deemed to apply to officers covered by this Award, save to the extent otherwise provided by this Award. 822 W 67 W.A.I.G. FREMANTLE PORT AUTHORITY PORT SECURITY. Agreement No. AG11 of 1986. BEFORE THE