WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. 851 of 1985. Between the Federated Miscellaneous Workers' Union of Australia, Hospital, Service and Miscellaneous, WA Branch, Applicant and Hon Minister for Education, Respondent. Order. HAVING heard Dr S. A. Kennedy on behalf of the appli- cant and Mr G.J. Moore on behalf of the respondent, and by consent, the Commission in Court Session, pursuant to the power conferred on it under the Industrial Relations Act 1979, hereby orders — That the Teachers (Kindergarten) Award No. 22 of 1963 be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the date hereof. Dated at Perth this 18th day of December 1985. By the Commission in Court Session. (Sgd.) B.J. COLLIER, [L.S.] Senior Commissioner. Schedule. 1. Clause 2.—Arrangement: Delete this clause and insert the following in lieu: 2.'—Arrangement. 1. Title. 2. Arrangement. 2A. Special Loading 3. Area. 4. Scope. 5. Term. 6. Definitions. 7. Contract of Service. 8. Hours of Work. 9. Absence Through Sickness. 10. Salaries. 10A. District Allowances. 11. Holidays and Vacations. 12. Travelling Allowances. 13. Long Service Leave. 14. Record. 15. Deduction of Union Subscriptions. 16. Trade Union Training Leave. 17. Leave to Attend Union Business. 2. Clause 15.—Union Membership: Delete this clause and insert the following in lieu: 15.—Deduction of Union Subscriptions. (1) The employer shall deduct normal subscrip- tions as equal amounts each pay period. (2) Payroll Deduction Authority forms shall be completed by employees. 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 employee's period of employment, except as provided in subclause (5) of this clause or until the Authority is cancelled in writing by the employee. (b) Where the Payroll Deduction Authority form authorises the employer to deduct union sub- scriptions 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 shall implement any change to union sub- scriptions 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 employee in any pay period, either inadvertently or as a result of an employee not being entitled to wages sufficient to cover the subscription, it shall be the employee's responsibility to settle the out- standing amount with the Union direct. (6) The employer shall not make any deduction of subscriptions from an employee's termination pay on termination of service, other than normal deductions for the preceding pay period. (7) The employer shall forward subscriptions 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. 3. Immediately after Clause 15.—Deduction of Union Subscriptions insert the following: 16.—Trade Union Training Leave. (1) Subject to the provisions of this clause: (a) The employer shall grant paid leave of absence to employees who are nominated by their 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 approved by agreement between the parties. (2) An employee 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 subse- quent 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 (including a rostered day off as a result of working a 38-hour week) falls during the duration of a course, a day off in lieu of that day will not be granted. (4) Subject to subclause (3) of this clause shift workers attending a course shall be deemed to have worked the shifts they would have worked had leave not been taken to attend the course. (5) The granting of leave pursuant to the provi- sions 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. (6) (a) Any application by an employee shall be submitted to the employer for approval at least four weeks before the commencement of the course, pro- vided that the employer may agree to a lesser period of notice. (b) All applications for leave shall be accompanied by a statement from the relevant Union indicating that the employee has been nominated for the course. The application shall provide details as to the subject, commencement date, length of course, venue and the Authority which is conducting the course. 66 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 239 (7) A qualifying period of 12 months in govern- ment employment shall be served before an employee is eligible to attend courses or seminars of more than one-half day duration. An employer may, where special circumstances exist, approve an application to attend a course or seminar where an employee has less than 12 months' government service. (8) (a) The employer shall not be liable for any expenses associated with an employee'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. 4. Immediately after Clause 16.—Trade Union Training Leave insert the following: 17.—Leave to Attend Union Business. (1) (a) The employer shall grant paid leave during ordinary working hours to an employee: (i) who is required to give evidence before any industrial tribunal; (ii) who as a union-nominated representative of the employees is required to attend negotiations and/or conferences between the Union and employer; (iii) when prior agreement between the Union and employer has been reached for the employee to attend official union meetings preliminary to negotiations or industrial hearings; (iv) who as a union-nominated representative of the employees 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 employee 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 employees whose attendance is essential; (iv) when the operation of the organisation is not being unduly affected and the con- venience 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 employee attending to union business. (c) Leave of absence granted under this clause shall 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 employee 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 employees to conduct union business. (4) The provisions of this clause shall not apply when an employee is absent from work without the approval of the employer. TOOL AND MATERIAL STOREMEN (Education Department). Award No. 24 of 1974. BEFORE THE