WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. 556 of 1984. Between West Australian Psychiatric Nurses Association (Union of Workers), Applicant and the Honourable Minister for Health, Respondent. Order. HAVING heard Mr R.G. Pike on behalf of the applicant and Mr J.R. Love on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders: That the "Mental Health Nurses Consolidated" Award No. 13 of 1947 as varied, consolidated and varied be further varied in accordance with the following schedule and that such variation shall take effect on and from the 1st day of January 1986. Dated at Perth this 30th day of April 1986. (Sgd.) G.J. MARTIN, [L.S.] Commissioner. Schedule. 1. Clause 2.—Arrangement: Delete this clause and insert in lieu: 2.—Arrangement. 1. Title. 2. Arrangement. 3. Term. 4. Area and Scope. 5. Definitions. 6. Hours. 66 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 891 7. Overtime. 8. Annual Leave. 9. Public Holidays. 10. General Conditions. 11. Contract of Service. 12. Sick Leave. 13. Travelling Time. 14. Travelling Allowance. 15. Night Duty. 16. Post Mortem Attendance. 17. Charges Against Employees. 18. Uniforms. 19. Emergencies. 20. Higher Duties. 21. Old and Infirm Employees. 22. Rates of Pay and Allowances. 23. Penalty Rates. 24. Long Service Leave. 25. Interviews. 26. Part-Time Employees. 27. Maternity Leave. 28. Compassionate Leave. 29. Deduction of Union Subscriptions. 30. Trade Union Training Leave. 31. Leave to Attend Union Business. 32. Casual Employees. 33. Payment of Wages. Schedule of Respondents. Memorandum of Agreement. 2. Clause 6.—Hours: Delete this clause and insert in lieu: 6.—Hours. (1) (a) From 1 January 1986 subject to the provisions of subclauses (2) and (3) of this clause and the Memorandum of Agreement of this award the ordinary hours of duty shall be an average of 38 hours per week with the hours actually worked being 40 per week or 80 per fortnight at the option of the employer. (b) Except where provided elsewhere in this award the ordinary hours shall be worked with two hours of each week's work accruing as an entitle- ment to a maximum of 12 Accrued Days Off which shall be taken as a minimum period of one week made up of five consecutive accrued days off in conjunction with a period of annual leave or at a time mutually acceptable to the employer and the employee. (c) This subclause shall not apply to part-time and casual employees. (2) By agreement between the Association and the employer the ordinary hours (average of 38 hours per week) of an employee in lieu of the provisions of subclause (1) of this clause may be worked by any other arrangement. (3) Notwithstanding anything to the contrary in this clause and at the option of the employer, nurses employed in clinics or departments which function during the normal hours of duty on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday may be granted hours of duty together with public holidays and annual leave as are generally applicable to the clerical staff employed in the said clinics or departments. The daily hours of duty shall include a break of not more than one hour for lunch and such time shall not be included as part of the normal working week of 38 hours. (4) An employer and employee may by agreement substitute the Accrued Days Off the employee is to take for another day in which case the Accrued Days Off shall become ordinary working days. (5) A roster for Accrued Days Off shall be posted at least four weeks before the time it comes into operation. (6) A roster for Accrued Days Off may allow an employee to take Accrued Days Off before they become due. 3. Clause 7.—Overtime: Add after subclause (7) of this clause a new subclause (8) in the following terms: (8) Overtime rates prescribed by this clause shall not apply until after: (a) Eight hours have been worked on each day by employees under the accrued days off arrangement; or (b) After ordinary rostered hours for each day have been worked for employees under arrangements other than those contained in paragraphs (a) and (c) of this subclause; or (c) In the case of part-time employees until after the ordinary rostered hours have been worked on that day. 4. Clause 8.—Annual Leave: A. Delete subclauses (4), (5) and (7) of this clause and insert in lieu: (4) (a) If after one month's continuous employ- ment an employee lawfully terminates her employ- ment or her employment is terminated by the employer through no fault of the employee the employee shall be paid 4.38 hours' pay [at the rate prescribed by subclause (2) of this clause] in respect of each completed week of continuous service for which annual leave has not already been taken. (b) In addition to any payment to which she may be entitled under this subclause an employee whose employment terminates after she has completed a 12 month qualifying period and who has not been allowed the leave prescribed under this Award in respect of that qualifying period shall be given payment in lieu of that leave unless she has been justifiably dismissed for misconduct and the misconduct for which she has been dismissed occurred prior to the completion of that qualifying period. (5) (a) The annual leave prescribed in this clause may by consent between the employer and the employee be taken in two portions provided that no portion shall be less than two consecutive weeks. (b) In the case of employees subject to accrued days off and by mutual agreement between the employer and the employee the annual leave may be further split on one additional occasion, provided that no portion shall be less than one week. (7) When an employee proceeds on the first four weeks of the six weeks' annual leave prescribed by subclause (1) of this clause there will be no accrual towards an Accrued Day Off as prescribed in subclause (2) of Clause 6.—Hours of this Award. Accrual towards an Accrued Day Off shall continue during any other period of annual leave prescribed by this clause. B. Add after subclause (7) of this clause new sub- clauses (8) and (9) in the following terms: (8) Any annual leave entitlement as at 1 January 1986 shall be adjusted in hours in the ratio of 38 to 40. (9) The provisions of this clause shall not apply to casual employees. 5. Clause 12.—Sick Leave: A. Delete paragraph (a) of subclause (1) of this clause and insert in lieu: (a) An employee other than a casual employee shall be entitled to payment for non attendance on the grounds of personal ill health for one-sixth of a week (6.33 hours) for each complete month of service, provided that subject to paragraph (c) of this subclause payment for absence through such ill health shall be limited to 10 working days (76 hours) in each calendar year. 892 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 66 W.A.l.G. B. Delete subclause (2) of this clause and insert in lieu: (2) An employee shall be paid the wages which would have been received had the employee not proceeded on sick leave and shall have the accrued entitlement to paid sick leave reduced by the time the employee is absent from work on account of paid sick leave. C. Delete subclause (3) of this clause and renumber subclauses (4), (5), (6) and (7) as (3), (4), (5) and (6) respectively. D. After subclause (6) of this clause add new sub- clauses (7), (8) and (9) in the following terms: (7) An employee shall not be entitled to claim payment for non attendance on the ground of personal ill health or injury nor will the employee's sick leave entitlements be reduced if such personal ill health or injury occurs on a day when an employee is absent on an Accrued Day Off in accordance with the provisions of subclause (1) of Clause 6.—Hours of this Award. (8) In a location where accrued days off apply; an employee whilst on paid sick leave shall continue to accrue an entitlement to Accrued Days Off as pre- scribed in subclause (1) of Clause 6.—Hours of this Award. (9) Any sick leave entitlement accumulated as at 1 January 1986 shall be adjusted in hours in the ratio of 38 to 40. 6. Clause 20.—Higher Duties: Add after subclause (2) of this clause a new subclause (3) in the following terms: (3) Notwithstanding the provisions of this clause payment for higher duties shall not apply to an employee required to act in another position whilst the permanent employee is on a period of less than five Accrued Days Off as prescribed by subclause (1) of Clause 6.—Hours of this Award. 7. Clause 23.—Penalty Rates: Delete paragraph (a) of subclause (2) of this clause and insert in lieu: (a) Employees (other than Grade II Student Nurses and Student Enrolled Mental Health Nurses in their first 12 months of service) whose fortnightly rostered shifts regularly rotate to include day, after- noon and night shifts over all seven days of the week shall be paid in lieu of the additional rates prescribed in subclause (1) of this clause an additional rate of 17.75 per cent of the ordinary wage. In the case of Admin Nurses who work day and afternoon shifts over all seven days of the week such rate shall also be 17.75 per cent. In the case of Community Nurses who work over all seven days of the week such loading shall be 14 per cent. Such rates shall be paid in addition to the ordinary wage and shall be paid during annual leave, paid sick leave, long service leave and public holidays. All other employees shall be paid penalties as worked in accordance with subclause (1) of this clause. 8. Clause 24.—Long Service Leave: Add after sub- clause (2) of this clause new subclauses (3) and (4) in the following terms: (3) When an employee proceeds on long service leave there will be no accrual towards an Accrued Day Off as prescribed in subclause (1) of Clause 6.— Hours of this Award. (4) Any long service leave accumulated as at 1 January 1986 shall be adjusted in hours in the ratio of 38 to 40. 9. Clause 26.—Part-Time Employees: Delete this clause and insert in lieu: 26.—Part-Time Employees. (1) Notwithstanding anything contained in this award an employer shall be at liberty to employ part-time employees. (2) A "part-time employee" means an employee — who regularly works less than an average of 38 hours per week. (3) Part-time employees as prescribed in sub- clause (2) of this clause shall be remunerated at a weekly rate pro rata to the rate prescribed for the class of work on which they are engaged only in the proportion which their ordinary weekly hours bear to 38. (4) Part-time employees shall be allowed annual leave in the same manner as full-time employees excepting that payment for such leave shaU be in the same ratio as their ordinary weekly hours averaged over the qualifying period bear to 38. (5) Part-time employees shall be allowed sick leave in the same manner as full-time employees excepting that payment for such leave shall be in the same ratio as their ordinary weekly hours averaged over the qualifying period bear to 38. (6) Notwithstanding anything contained in this award, the employer may vary the ordinary hours of a part-time employee by the provision of one day's notice provided such variation shall only apply to periods of one week or more. 10. Clause 27.—Maternity Leave: Add after subclause (11) of this clause a new subclause (12) in the following terms: (12) Effect of Maternity Leave on Accrued Day(s) Off. (a) When an employee proceeds on maternity leave there will be no accrual towards an Accrued Day Off as prescribed in subclause (1) of Clause 6.—Hours of this Award. (b) When an employee proceeds on maternity leave the employer may pay an employee the amount of hours accrued towards an Accrued Day Off as prescribed in subclause (1) of Clause 6.—Hours of this Award. 11. Clause 28.—Compassionate Leave: A. Number the existing two paragraphs of this clause as subclauses (1) and (2) respectively. B. Add after subclause (2) of this clause new sub- clauses (3) and (4) in the following terms: (3) An employee shall not be entitled to claim payment for compassionate leave on a day when that employee is absent on an Accrued Day Off in accordance with the provisions of subclause (1) of Clause 6.—Hours of this Award. (4) An employee whilst on compassionate leave prescribed by this clause shall continue to accrue an entitlement to Accrued Days Off as prescribed in subclause (1) of Clause 6.—Hours of this Award. 12. After Clause 31.—Leave to Attend Union Business of this award add new Clauses 32.—Casual Employees and 33.—Payment of Wages in the following terms: 32.—Casual Employees. (1) An employee employed for a period less than two weeks shall be deemed to be a casual worker and be paid 20 per cent on the hourly rate specified in this award. (2) If a casual employee is still required at the end of two weeks she may be re-employed as a casual with payment in accordance with subclause (1) of this clause for another two weeks. 33.—Payment of Wages. Wages shall be paid by cheque or into a bank account. The employee shall advise the employer of the preferred method and if into a bank account, details of the account to be used. 66 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 893 13. After the Schedule of Respondents to this award add a new schedule "Memorandum of Agreement" in the following terms: Memorandum of Agreement. The following provisions relating to Hours of Work are agreed between the parties. (1) Method of Introduction (a) The 38-hour week shall be introduced on the basis of Accrued Days Off at the following locations: Whitby Falls Hostel Community Care Hill view Eden Hill Stubbs Terrace Hospital Mildred Creak W.E. Robinson Centre Heathcote Day Centre PECU Day Centre (b) At the following locations and on the basis of the implementation schedule described hereunder the 38-hour week shall be intro- duced on the basis of a shorter working week at an average of 228 hours over a six week period: February 1986 — PECU's March 1986 — Graylands Hospital May 1986 — Lemnos Hospital July 1986 — Heathcote Hospital (2) Termination (a) An employee subject to the provisions of subclause (1) of Clause 6.—-Hours of this award who has not taken any Accrued Days Off accumulated during a work cycle in which employment is terminated shall be paid the total of hours accumulated towards the Accrued Days Off for which payment has not already been made. (b) An employee who has taken any Accrued Days Off prior to their becoming due in accordance with subclause (6) of Clause 6.—Hours of this award during a work cycle in which employment is terminated shall have the wages due on termination reduced by the amount equivalent to the accrued days which were taken in advance. (3) Workers' Compensation (a) Where an employee is on Workers' Compensation for periods of less than 20 working days such an employee will con- tinue to accrue an entitlement to Accrued Days Off as prescribed in subclause (1) of Clause 6.—Hours of this Award. (b) An employee will not accrue Accrued Days Off for periods of Workers' Compensa- tion where such periods of leave exceed 20 working days. (c) Where a period of rostered Accrued Days Off falls during a period of Workers' Compensation such accrued days off will be re-rostered at the end of the Workers' Compensation absence. (4) Leave Without Pay (a) An employee who is absent on Leave Without Pay shall not accumulate an entitlement toward Accrued Days Off for the period of such leave. (b) Employees will not be entitled to Accrued Days Off during leave without pay. (5) Trade Offs Meal Charges: Increase meal charges to $3.00 from 1 January 1986. A review will be conducted in the first half of 1986 to increase the charge to full economic cost from 1 July 1986. Tea Charges: Where staff consume morning or afternoon tea at the hospital a charge of 50 cents per week will be made. This charge to be reviewed during the first half of 1986 to have regard for economic cost and a new charge implemented on 1 July 1986. Payment by Cheque or Into Bank Account: Amendment to the Award to provide for the pay- ment by cheque or into a bank account. Study Periods — Student Nurses: Where a student nurse is undertaking a period of "Block Study" the student will not accrue an entitlement to Accrued Days Off. Work Related Efficiencies (i) Administrative Nurses will work late shifts. (ii) Restructure of Nursing Administration. (iii) Strict observance of start and finish times. (iv) Co-operation in the elimination of restric- tive work practices. (v) Flexibility of Rostering. (vi) New part-time and casual clauses. A wider use of these staff. (vii) Public Holidays — all public holidays not taken during the year are not to accrue beyond one year and will be paid out or taken in conjunction with annual leave. MINERAL SANDS MINING AND PROCESSING INDUSTRY. Award No. A38 of 1981. BEFORE THE