WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. 604 of 1985. Between the Federated Clerks Union of Australia, Industrial Union of Workers, Western Australian Branch, Applicant and Fremantle Port Authority, Respondent. Order. HAVING heard Mr B.J. Finlay on behalf of the Appli- cant and Mr J. Tinson on behalf of the Respondent, and with the approval of the Commission in Court Session, the Commission, constituted by a Public Service Arbitrator, pursuant to the powers conferred on it under the Industrial Relations Act 1979, having satisfied itself that the terms of the General Order of the Commission No. 461 of 1983, dated 2 March 1984, have been complied with and by consent, hereby orders — That the Fremantle Port Authority (Shed Super- visors) Award No. 3 of 1970 be amended in accordance with the following schedule, with effect on and from 4 November 1985. Dated at Perth this 20th day of November 1985. (Sgd.) G.L. FIELDING, [L.S.] Commissioner. Schedule. 1. Clause 2.—Arrangement: Delete this clause and insert in lieu thereof:— 2. —Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Definitions. 5. Contract of Service. 6. Hours of Duty. 7. Overtime. 8. Shift Work. 9. Holidays. 10. Annual Leave. 11. Long Service Leave. 12. Additional Leave. 13. Compassionate Leave. 14. Sick Leave. 15. Time and Wages Record. 16. Rate of Pay. 17. Special Provisions. 18. Junior Employees — Special Orders. 19. Advertising of Vacancies. 2. Clause 4.—Definitions: Delete this clause and insert in lieu thereof:— 4.—Definitions. "Shed Supervisor" shall mean and include an officer employed in a clerical capacity in charge of a shed or berth. "Authority" shall mean the Fremantle Port Authority. "Union" shall mean the Federated Clerks' Union of Australia, Industrial Union of Workers, Western Australian Branch. "Officer" shall mean any person covered by this Award. 3. Clause 6.—Hours of Duty: Delete this clause and insert in lieu thereof:— 6.—Hours of Duty. (1) The ordinary hours of duty shall not exceed 40 hours and except as hereinafter provided they shall be worked by five shifts of equal duration commencing at 7.30 a.m. on Mondays to Fridays inclusive. Such hours shall include a daily crib break of 30 minutes, which shall be counted as time worked, to be taken not later than 12 noon. Provided that — (i) Should an officer be not required for duty during the ordinary hours, his services may be utilised during other hours without the necessity of his being remunerated for the ordinary hours during which his services are not required. (ii) Where an officer is required for duty on any day during other than the ordinary hours he shall be notified, where possible, of the hours during which he is required for duty on the preceding working day not later than 1.00 p.m. (iii) Where through unforeseen circumstances it is not possible for an officer to be notified on the previous day that he is required for duty during other than the ordinary hours he may be notified to cease duty at any time up to 12 noon on the day concerned, in which case he shall be paid for the ordinary hours worked for that day with a minimum payment of four hours. (2) In cases of emergency, or by reason of unforeseen circumstances, an officer engaged on a continuity of duty during other than the ordinary hours may also be required to be available for duty during such ordinary hours as may be necessary. 66 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 55 4. Clause 7.—Overtime: Delete this clause and insert in lieu thereof:— 7.—Overtime. (1) Overtime shall mean and include all time worked in excess of the ordinary hours of duty as prescribed in Clause 6 (1) Hours of Duty. (2) All time worked between 11.00 p.m. Friday and 11 .(X) p.m. Saturday shall be paid for at the rate of double time except as hereinafter provided. (3) All time worked between 11.00 p.m. Saturday and 11.00 p.m. Sunday shall be paid for at the rate of double time and a half except as hereinafter provided. (4) (a) In circumstances where because no suitable relief is available an officer is required to work two consecutive shifts (herein called a double header) he shall be paid in addition to the shift rate for the additional shift so worked single time extra for shifts worked Monday to Friday or half time extra for Saturdays, Sundays and Public Holidays. (b) Any officer required to work a double header on the afternoon shift shall have a one hour meal break between 2.30 p.m. and 4.30 p.m. and shall be paid for the full shift. (5) An officer required to work an extended shift or work through to finish shall be paid for such time worked at single time extra in addition to the rate prescribed for such shift with a minimum payment of two hours for the day shift and one hour for the evening and night shift. 5. Clause 8.—Public Holidays: Delete this clause and insert in lieu thereof:— 8.—Shift Work. (1) Except as prescribed in Clause 7.—Overtime of this award, all time worked on afternoon shift Monday, to Friday inclusive shall be paid for at the rate of time and a half. (2) Except as prescribed in Clause 7.—Overtime of this award all time worked on night shift Monday to Friday inclusive shall be paid for at the rate of double time. 6. Clause 9.—Annual Leave: Delete this clause and insert in lieu thereof:— 9.—Holidays. (1) The following days, or the days observed in lieu thereof, shall be allowed as a holiday: New Year's Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, Foundation Day, Waterside Workers' Picnic Day, Christmas Day and Boxing Day and any other days as may be agreed upon. (2) Whenever any holiday falls on an officer's ordinary working day and the officer is not required to work on such day he shall be paid for the ordinary hours of duty he would have worked on such day if it had not been a holiday. (3) Where an officer is required to work on any of the holidays prescribed in subclause (1) of this clause he shall be paid at the rate of double time and a half. 7. Clause 10.—Long Service Leave: Delete this clause and insert in lieu thereof:— 10.—Annual Leave. (1) Except as hereinafter provided a period of four consecutive weeks annual leave with payment of ordinary wages shall be allowed to an officer upon the completion of 12 months' service. (2) If any award holiday falls within an officer's period of annual leave and is observed on a day which in the case of that officer would have been an ordinary working day there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid. (3) Payment for annual leave shall be made prior to the officer proceeding on leave. (4) The giving and taking of annual leave shall be by mutual arrangement between the officer and the Authority. (5) If after one month's continuous service in any qualifying 12 month period an officer lawfully terminates his employment or his employment is terminated by the Authority for any reason other than misconduct which would justify instant dismissal the officer shall be paid one-third of a week's pay at his ordinary rate for each completed month of continuous service. (6) An officer shall be paid for any period of annual leave prescribed by this clause an additional loading of 27.5 per cent of his ordinary rate. 8. Clause 11.—Short Leave: Delete this clause and insert in lieu thereof:— 11.—Long Service Leave. Each officer shall be entitled to long service leave as though within the appropriate provision of the regulations of the Authority. Any officer who resigns or is retired for any reason other than misconduct or unsatisfactory service and who has served continuously for at least 12 months next prior thereto, shall be paid for long service leave pro rata to the date of resignation or retirement. 9. Clause 12.—Sick Leave: Delete this clause and insert in lieu thereof:— 12.—Additional Leave. (1) Shed Supervisors, but not relieving super- visors, shall accrue an additional five days leave with payment of ordinary wages on the basis of five- twelfth's of a day for each completed month of continuous service. (2) The leave so accrued may be taken on any day or days agreed between the employer and the officer. (3) This clause shall not apply to any officer who does not make himself available for work on Saturdays and Sundays throughout the year or who fails, without reasonable cause, to respond to a call to work on any such day. 10. Clause 13.—Time and Wages Record: Delete this clause and insert in lieu thereof:— 13.—Compassionate Leave. (1) A worker shall, on the death within Australia of a wife, husband, de facto wife or de facto husband, father, mother, brother, sister, child or stepchild, be entitled to leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the worker in two ordinary working days. Proof of such death shall be furnished by the worker to the satisfaction of his employer. (2) Provided that payment in respect of com- passionate leave is to be made only where the worker otherwise would have been on duty and shall not be granted in any case where the worker concerned would have been off duty in accordance with his roster, or on long service leave, annual leave, sick leave, workers' compensation, leave without pay or on a public holiday. 11. Clause 14.—Preference of Employment: Delete this clause and insert in lieu thereof:— 14.—Sick Leave. (1) All workers shall be entitled to sick leave with pay as though within the appropriate provisions of the Regulations of the Authority. 56 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 66 W.A.I.G. (2) After 10 years' service the employer shall pay notify the Secretary of the Union and shall post in to a worker on retirement, due to age or ill health, or the office of the Fremantle Port Authority and also in the case of his death to his dependants or his in some conspicuous place agreed upon by the estate 100 per cent of his accumulated sick leave Union, a notification as to the existence of such entitlement. vacancy and mentioning the date of the closing of (3) For the purpose of subclause (2) hereof the applications, which shall not be less than 14 days accumulated sick leave entitlement shall be calcu- from the posting of such notices. lated on each completed month of service as from 16. 1st Schedule — Rates of Pay: Delete this schedule, 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 calculated in accordance with paragraphs (a) and (b) hereof shall be reduced by deducting all sick leave taken since the 1st day of July 1967. 12. Clause 15.—Special Allowances: Delete this clause and insert in lieu thereof:— 15.—Time and Wages Record. Records shall be kept by the Authority, showing the name of each officer under this award, the nature of the work performed, the hours worked each day and the amount of wages received each pay. The said record shall be open to the inspection of an accredited representative of the Union during working hours. 13. Clause 16.—Advertising of Vacancies: Delete this clause and insert in lieu thereof:— 16.—Rate of Pay. The minimum rate of pay of a Shed Supervisor shall be $467.60 per week. 14. Clause 17.—Term: Delete this clause and insert in lieu thereof:— 17.—Special Provisions. (1) An officer employed on any shift in the physical operation of loading, discharging, receiving, delivering or checking of containers or loads weighing 10 tonnes or more shall be paid for the full shift the same extra rate as that paid to Wharf Clerks. (2) A laundry allowance equivalent to and in accordance with the same provisions as those apply- ing to members of the "Combined Unions" shall be paid to officers covered by the provisions of this award. (3) An officer shall be issued with two sets of industrial clothing every 12 months of continuous service. (4) Wet weather clothing and winter coat shall be issued to officers triennially. (5) Safety footwear shall be issued to officers on a replacement basis subject to fair wear and tear. (6) An officer on commencement shall be provided with an initial issue of the items provided for in subclauses (3) and (5) hereof. (7) Officers shall be paid a telephone allowance equivalent to and in accordance with the same provisions as those applying to Wharf Clerks. Items provided for in subclause (4) hereof shall be provided at the appropriate time during the first 12 months' of service. 15. Clause 18.—Junior Employees — Special Orders: After this clause insert the following new clause:— 19.—Advertising of Vacancies. Subject to the provisions of the Industrial Relations Act 1979, when a vacancy occurs in a position covered by this award, the Authority shall GAOL OFFICERS. Award No. 12 of 1968. BEFORE THE