WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. PSA A25 of 1985. Between the Civil Service Association of Western Australia (Inc), Applicant and the Western Australian Institute of Technology, Respondent. Order. HAVING heard Mr K. Dodd on behalf of the Applicant and Mr G.H. Cole on behalf of the Respondent, the Commission, constituted by the Public Service Arbitrator, pursuant to the powers conferred on it under the Industrial Relations Act 1979, and being satisfied 1180 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 66 W.A.I.G. that its terms are not contrary to any General Order or any principle formulated as a result of General Order proceedings under section 51 of the Industrial Relations Act 1979, by consent, doth hereby — Make an Award to be known as the "Salaried Staff Western Australian Institute of Technology Award 1985" to replace the Salaried Staff (Non- Academic) Western Australian Institute of Technology Agreement in terms of the document attached hereto with effect on and from this day, save as to Clause 26 which shall operate on and from the 9th day of January 1986. Dated at Perth this 20th day of June 1986. (Sgd.) G.L. FIELDING, [L.S.] Public Service Arbitrator. (xiii)"Fractional-Time Employee" means an employee engaged on either a permanent or temporary basis, but for less than 37.5 hours work each week. (xiv)"South West Land Division" means the South West Land Division as defined by section 28 of the Land Act 1933-69 excluding the Metropoli- tan Area. (xv) "Sub Association" means the Salaried Officers Association in affiliation with the Association. (xvi) "Temporary Employee" means an employee engaged for specific duties limited in time. 3.—Area and Scope. (1) This Award shall operate throughout the whole of the State of Western Australia. (2) This Award shall apply to all salaried staff other than those designated as academic employed by the Council, except those employed on a casual basis. Part 1: General Provisions. 1.—Title. (1) This Award shall be known as the "Salaried Staff Western Australian Institute of Technology Award 1985" and shall supersede and replace the Salaried Staff (Non-Academic) Western Australian Institute of Technology Agreement No. 17 of 1979. 2.—Definitions. In this Award the following expressions shall, unless the contrary intention appears, have the meaning hereby respectively applied to them, namely — (i) "Afternoon Shift" means a shift commencing at or after 12 noon and before 6.00 p.m. (ii) "Association" means the Civil Service Asso- ciation of Western Australia Incorporated. (iii) "Council" means the Council of the Western Australian Institute of Technology and includes such persons as are designated by the Council from time to time as duly authorised senior officers. (iv) "Day" means from 12 midnight to 12 midnight. (v) "Day Shift" means a shift commencing after 6.00 a.m. and before 12 noon. (vi) "Employee" means a salaried staff member engaged on a permanent basis other than staff designated as academic by the Council. (vii) "Married Employee" includes an employee who is required to maintain a home and support dependent relatives therein. (viii)"Metropolitan Area" means that area within a radius of 50 kilometres of the Perth Railway Station. (ix) "Night Shift" means a shift commencing at or after 6.00 p.m. and at or before 6.00 a.m. (x) "Ordinary Hourly Rate" means an employee's fortnightly base salary and allowances in the nature of salary divided by 75. (xi) "Ordinary Travelling Time" means the time elapsing between the 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 travelling by public transport. Where an employee has approval to use a motor vehicle for official business (that is, paid kilometreage) ordinary travelling time means the time spent in travelling by that vehicle from home to head- quarters and home again each day. (xii) "Other Areas" means that area of the State of Western Australia south of 26 degrees south latitude, excluding the Metropolitan Area and the South West Land Division. 4.—Preservation of Accrued Rights. No rights or entitlements presently granted to an employee shall cease unless expressly provided for herein. 5.—Right of Entry. The General Secretary or a duly authorised representa- tive of the Association shall, on notification to the Council, have the right to enter the Council's premises during working hours, including meal breaks, for the purpose of discussing with employees covered by this Award the legitimate business of the Association or for the purpose of investigating complaints concerning the applications of this Award but shall in no way unduly interfere with the work of employees. 6.—Grievance and Dispute Procedure. The following procedure shall be used to remedy any grievance or settle any dispute. (i) The employee concerned shall firstly refer the grievance to the immediate supervisor. (ii) If the matter is not satisfactorily resolved the employee may discuss the grievance with a person nominated by the Council. The employee may be accompanied by a member of the committee of the Sub-Association, or by any other employee, at the meeting where the grievance is discussed. (iii) The Council nominee shall, within 48 hours, advise the employee concerned of the Council's decision in the matter. (iv) If the matter is not resolved by the above- mentioned discussions the employee may notify the Association and upon notification shall thenceforth leave the conduct of the negotia- tions solely within the hands of the Association. (v) The Council shall, when contacted by the Association, act promptly to resolve the matter. 7.—Board of Reference. (1) In the event of a dispute the parties agree to apply to the Industrial Relations Commission for a Board of Reference pursuant to the Industrial Relations Act (Western Australian Industrial Commission) Regulations 1985. (2) The Board of Reference is hereby assigned the function of determining any dispute between the parties in relation to any matter which under this Award may be allowed, approved, fixed, determined or dealt with by a Board of Reference. 8.—Term of Award. This Award shall operate for a period of 12 months. 66 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1181 9.—Copies of Award. Every employee shall be entitled to have access to a copy of this Award. Sufficient copies shall be made available by the Institute. 10.—Personal Files. (1) An employee shall be entitled to examine all material retained on that employee's personal file other than confidential references. (2) A personal file for the purpose of this clause shall be the official file on each staff member held by Personnel Services. 11.—Educational Programmes. (1) An employee may be allowed to participate in an education programme on full pay: — (i) to attend lectures and/or tutorials in a course of study approved by the Council up to a maximum of five hours per week. Such time off granted shall be inclusive of travelling time and matched by an equal lecture/tutorial time commitment outside the ordinary hours of attendance at work each week. (ii) to attend lectures and/or tutorials undertaken by external study in a course of study approved by the Council where such lectures and tutorials are specifically arranged for external students. Such time off granted shall be inclusive of travelling time and shall not exceed the maximum annual time off allowed to an employee under subclause (1) (i) of this clause. (2) An employee may be granted time off with pay to sit for examinations in approved courses of study. Part 2: Conditions of Employment. 12.—Contract of Employment. (1) Permanent Employment (i) Every employee shall in the first instance be appointed on probation for a period of six months and the employee's services may be dispensed with at any time during this probationary period. (ii) On the expiry of the six months period of probation the Council shall confirm or annul the appointment or extend the probationary period for any time up to a maximum additional period of six months. (iii) Subject to the provisions of subclause (3), the contract of service shall be between the employee and the Council and may be terminated by not less than four weeks' notice on either side given in writing on any day or by the payment or forfeiture, as the case may be, of four weeks' salary. (iv) An employee having attained the age of 55 years shall be entitled to retire from the employ of the Council. Every employee shall retire on attaining the age of 65 years. Provided that if an employee continues in the employ of the Council after attaining the age of 60 years, the employee may at any time before attaining the age of 65 years, be called upon by the Council to retire and every such employee so called upon to retire shall retire accordingly. (v) An employee may be engaged on a permanent basis but only required to work during the teaching semester periods of the academic year. The position filled by such an employee shall be directly related to the provision of a service to students and the teaching needs of the Institute. In each instance the creation of such a position shall be agreed between the Association and the Council. (2) Temporary Employment (i) Subject to the provision of subclause (3), the contract of service shall be between the temporary employee and the Council and may be terminated prior to the conclusion of the specific period of the contract by not less than one week's notice on either side given in writing on any day or by the payment or forfeiture, as the case may be, of one week's salary. (ii) A temporary employee shall not normally be employed for longer than two years' con- tinuous duration without consultation between the Council and the Association. A temporary employee shall not be re-employed until the expiration of 12 months, after completing two years' continuous service, unless in a substan- tive position. (iii) A temporary research employee may be continuously employed for a maximum period of five years where the employment is funded by a grant for a specific project. Any such employee retained in excess of five years' con- tinuous service shall automatically be deemed a permanent employee. (iv) A temporary employee shall be entitled to all allowances, rights and conditions provided for employees engaged on a permanent basis unless otherwise specifically provided elsewhere in this Award excepting Maternity Leave as con- tained in Clause 23 and Education Programmes as provided in Clause 11. (3) Terminations (with notice) (i) Where the Council decides to terminate a contract of service in accordance with sub- clause (1) (iii) or (2) (i) the employee shall be advised in writing of the decision and the reasons for it. (ii) Any dispute between the Association and the Council, as to whether the reasons giving rise to the notice of termination under subclause (1) (iii) or (2) (i) are correct or justifiable or warrant such action, may be referred to a Board of Reference for determination. (4) Summary Dismissals (without notice) (i) Notwithstanding the provisions of this clause, the Council may at any time, without prior notice, summarily dismiss an employee for serious misconduct. (ii) An employee or temporary employee summarily dismissed in accordance with subclause (4) (i) shall be advised in writing together with the reasons for the dismissal. (5) Other Disciplinary Action (i) In lieu of summary dismissal or termination the Council may, as a result of an employee's shortcomings, faults, misdemeanours, incompetence or failure to properly discharge responsibilities, impose any one or more of the following penalties:— (a) written warning (b) written reprimand (c) withholding of a salary increment (d) reduction to a lower classification and salary. (ii) Where the Council imposes any penalty in accordance with this subclause the employee shall be notified in writing of the decision and the reasons for it. (iii) Provided that where there is any dispute regarding any penalty imposed under this sub- clause the matter may be referred to a Board of Reference. 1182 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 66 W.A.I.G. 13.—Fractional-Time Employment. (1) A fractional-time employee shall be paid a proportion of an appropriate full-time salary prescribed by this Award, dependent upon the time worked each fortnight. The salary shall be calculated as follows: Hours worked each fortnight x Full-time fortnightly salary 75 1 (2) Fractional-time employment shall count as qualifying service for annual recreation leave, sick leave, short leave and long service leave on the following basis: (i) Annual Recreation Leave: The entitlement and conditions as prescribed by Clause 19 shall apply excepting that the salary payable during the period of such leave shall be calculated in accordance with subclause (1) and be based on the fortnightly salary at the time the leave is taken. If a fractional-time employee has worked a varying number of fortnightly hours during qualifying service, payment for annual leave shall be the sum of the amounts determined for each period of differing fraction of full-time calculated as follows: hours per fortnight for employees fortnights in each each specific period x full-time x specific period 75 salary 26 (ii) Sick Leave: The entitlement prescribed by Clause 21 shall be proportioned according to the number of days worked each week excepting that the salary payable during the period of sick leave shall be calculated in accor- dance with subclause (1) and be based on the fortnightly salary at the time the leave is taken. (iii) Short Leave: A fractional-time employee, engaged on a permanent basis may be granted short leave as provided in Clause 22 of this Award provided that the leave allowable shall be proportioned according to the number of days worked each week. The salary payable during short leave shall be calculated in accordance with subclause (1) and be based on the fortnightly salary at the time the leave is taken. (iv) Long Service Leave: The normal entitlement and conditions as prescribed by Clause 20 shall apply excepting that payment for long service leave shall be adjusted according to the hours worked by the fractional-time employee, as prescribed by subclause (1). Provided that if a fractional-time employee has worked a varying number of weekly hours during qualifying service, payment for long service leave granted shall be the sum of the amounts determined for each period of differ- ing fraction of full-time calculated as follows: fraction of employees salary calendar full time for if working full- months in each specific x lime at the date x each specific period long .service period leave is commenced g4 (3) A fractional-time employee shall be granted the Public Plolidays provided by Clause 18 without variation to the fortnightly salary provided the public holiday occurs on a day which is normally worked. (4) Fractional-time employees engaged on a perma- nent basis shall be entitled to allowances, rights and conditions as provided for full-time permanent employees and contained within this Award, excepting as otherwise specifically provided in this Award. 14.—Hours of Duty. (1) Normal working hours of duty may be worked between 8.00 a.m. and 6.00 p.m. Monday to Friday inclusive, with a minimum interval of 40 minutes between 12.(X) noon and 2.00 p.m. for luncheon. (2) The normal working hours of duty may be worked as:— (i) Standard hours — 7.5 hours per day (seven hours 30 minutes) on 20 days in any four week period with 45 minutes luncheon break per day; being 37.5 hours each week. (ii) Nine day fortnight — 8.33 hours per day (eight hours 20 minutes) with a rostered day off in any fortnight, with 40 minutes luncheon break per day being an average of 37.5 hours per week over any two weeks. Employees may elect to work either standard hours or the nine day fortnight. Employees may change from one mode of working to another by giving the Council four weeks notice in writing. (iii) Where the Council and the employee agree that a nine-day fortnight is not practicable an employee may be allowed to work a 19 day four week cycle, the hours of duty being 7.9 hours per day (seven hours 53 minutes) with a rostered day off in any four weeks, with 40 minutes luncheon break per day being an average of 37.5 hours per week over any four weeks. (3) Provided: (i) that the Council may vary the starting and finishing times because of the circumstances of public business or because of the nature of the duties of an employee or group of employees; and (ii) where starting and finishing times are varied by the Council, they shall not be so varied as to prescribe ordinary working hours in excess of an average of 37 Vi hours per week, the average being calculated over such period as may be agreed from time to time between the Council and the Association. (4) Where starting and finishing times are varied by the Council the variation shall be notified in the Institute Weekly Bulletin. 15.—Appointments and Promotions. (1) All vacancies to be filled on a permanent basis shall be advertised in the Institute Weekly Bulletin. Employees wishing to be considered for appointment or promotion to such positions shall receive the consideration of the Council. (2) The Council may appoint a person not already in the employ of the Council to such a vacancy if in their opinion there is no employee in the employ of the Institute suitable, qualified or capable to perform the duties of the vacancy. 16.—Overtime. (1) Provisions (i) All work performed by direction of a duly authorised senior officer of 30 minutes or more:— (a) before or after the daily hours of duty on a week day prescribed under Clause 14 (1) or before or after the normal working hours of duty as varied and prescribed by Council in accordance with Clause 14 (3), (b) 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 subclause (2). (ii) When overtime is worked away from but within 50 kilometres of the usual headquarters and the travelling time on that day to the distant workplace is greater than ordinary travelling 66 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1183 time then such additional time shall be deemed part of the overtime worked and is to be paid at the hourly rate prescribed by subclause (2). (iii) Payment for overtime, or the granting of time off in lieu of overtime or travelling time, shall not be approved for:— (a) employees whose maximum salary or maximum salary and allowance(s) in the nature of salary exceeds the maximum salary for level 5. (b) employees whose work is not subject to close supervision. (c) employees who receive an allowance as a specific provision in lieu of overtime. (d) an employee who is unable to take a rostered day off during the accruing period. Such employees shall be allowed to accrue the rostered day off but it shall be taken as soon as practically possible. (iv) Notwithstanding the provisions of subclause (1) (iii) where from the nature of the duties required or from other relevant circumstances it appears just and reasonable, any such employee shall, with the special approval of the Council, be paid overtime or granted time off in lieu as prescribed by subclause (2). (v) A dispute regarding the special approval under subclause (1) (iii) shall be determined by a Board of Reference. (2) Payment (i) Payment for overtime shall be calculated on an hourly basis in accordance with the following formulae — (a) Weekdays: For the first three hours on any one weekday — Portnightly Salary x 3 iT~" ' T After the first three hours on any one weekday — Fortnightly Salary x 2 75 ■ 7 (b) Saturdays: First three hours on any Saturday — Fortnightly Salary x 3 75 ' T After the first three hours or after 12 noon, whichever is the earlier, on any Saturday — Fortnightly Salary x 2 75 ~~~ ' T (c) Sundays Fortnightly Salary x 2 "fs" ' T (d) Public Holidays: For all time worked during the normal working hours of duty — Fortnightly Salary 3 75 " y in addition to the ordinary pay for the day. For all time worked in excess of or beyond the normal working hours of duty — Fortnightly Salary x 5 . y (ii) (a) For the purpose of subclause (2) (i) "fortnightly salary" shall not include District Allowance. (b) Provided that Higher Duties Allowance shall be included in "fortnightly salary" when overtime is worked on duties for which these allowances are specifically paid. (iii) Where an employee so elects, time off in lieu of overtime payment may be granted by the Council. The hours of time off in lieu shall be determined at the rate which would have been applied in accordance with subclause (2) (a) had the employee received payment for the overtime worked. (iv) Where an employee works overtime after the time at which the normal hours of duty end on one day and before the time at which normal hours of duty are to commence on the next succeeding day for a period which results in the employee being off duty between these times for a continuous period of less than 10 hours, the employee is entitled to be absent from duty without loss of salary from the time the over- time duty ceased until a continuous break of 10 hours has elapsed. Provided that where an employee is required to return to or continue work without such break, the employee shall be paid at double the ordinary hourly rate until released from duty and has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such 10 hours off duty. (v) Where an employee is required to work a continuous 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 in subclause (2) (i). (vi) Any time off in lieu of overtime other than that provided in subclause (2) (iii) and any allow- ance as a specific provision in lieu of overtime shall be negotiated between the Council and the Association. (3) Return to Duty With Notice — Minimum Payments (i) If an employee is required to return to duty and notice of such requirement is given prior to the completion of the usual duty on the last day of work prior to the day on which the employee is required to return to duty:— (a) on a Saturday, Sunday or Public Holiday, the employee shall be entitled to payment in accordance with sub- clause (2) for a minimum of three hours; (b) before or after the prescribed hours of duty on a weekday, the employee shall be entitled to payment in accordance with subclause (2) for a minimum of 1 '/i hours. (ii) Where an employee is required to return to duty more than once, each return to duty period shall stand alone in respect to the application of minimum payments, except where the second or subsequent return to duty is within any such minimum period. (iii) The provisions of this subclause shall not apply in cases where it is customary for an employee to return to the place of employment to perform a specific job outside the prescribed hours of duty or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of prescribed hours of duty. (4) Recall to Duty Without Notice — Minimum Payments (i) If an employee is called back to duty and no notice of such call back was given prior to the completion of the usual duty on the last day of work prior to the employee being called back to duty:— (a) on a Saturday, Sunday or Public Holiday, the employee shall be entitled WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 66 W.A.I.G. to payment in accordance with sub- clause (2) for a minimum of three hours; (b) before or after the prescribed hours of duty on a weekday, the employee shall be entitled to payment in accordance with subclause (2) for a minimum of 2Vz hours. (ii) Where an employee is recalled more than once, each period of call back to duty shall stand alone in respect of the application of the minimum payment, subject to subclause (4) (iv). (iii) Time spent in travelling to and from the place of duty to which the employee is recalled shall be included with the time of actual duty performed for the purposes of overtime payment, provided that such place of duty is situated within a radius of 50 kilometres of the employees usual headquarters. (iv) When an employee is recalled to duty the employee shall not be obliged to work for the minimum payment period if the work necessi- tating the re-call is completed in less time, provided that if an employee is re-called more than once within any minimum payment period there shall not be an entitlement to any further payment for the time worked within that minimum period. (5) On Call (i) For the purpose of this subclause "on-call" shall mean an instruction to an employee to remain at a place of residence or otherwise to be available for immediate contact in the case of a re-call to duty away from such place of residence. (ii) An employee who is required by the Council to be on-call during a period off duty shall be paid an allowance in accordance with the formula at Item 1 of Schedule D for each hour or part thereof the employee is on-call. (iii) Where an employee is required to be on-call the Council shall supply a telephone and pay all connection and disconnection charges and annual rental charges. If an employee required to be on-call already has a telephone connected the Council shall pay all rental charges. (iv) When an employee rostered for on-call duty is called to duty during the on-call period then payment for hours worked will be in accordance with subclause (2). The on-call allowance is paid in addition to any overtime paid. (v) Where an employee on-call is called to duty, the time spent in travelling to and from the place of duty shall be included with the time of the actual duty performed for the purposes of over- time payment provided that such place of duty is situated within a radius of 50 kilometres of the employees usual headquarters. (vi) The minimum payment provisions of subclauses (3) (i) and (4) (i) do not apply to an employee rostered for on-call duty. (vii) The limitations of subclause (1) (iii) shall not apply to employees rostered on-call. (6) Meals (i) A break of at least 30 minutes, which shall not be reckoned as overtime, shall be made for meals on a Saturday, Sunday or Public Holiday between 12 noon and 2.00 p.m. and on any weekday, when overtime is worked between 4.45 p.m. and 6.45 p.m. Except in the case of emergency, an employee shall not be compelled to work more than five hours overtime duty without a meal break. At the conclusion of a meal break the calculation of the five hour limit recommences. (ii) An employee required to work before or after prescribed working hours on any week day shall, when such additional duty necessitates taking a meal away from the usual place of residence, be reimbursed for each meal pur- chased at the rate shown at Item 2 of Schedule D for breakfast and at the rate shown at Item 4 of Schedule D 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. (iii) An employee required to work on a Saturday, Sunday or Public Holiday shall, when such additional duty necessitates taking a meal away from the usual place of residence, be reimbursed for each meal purchased at the rate shown at Items 2, 3 and 4 of Schedule D for breakfast, midday meal and evening meal respectively, provided that the overtime worked before or after the meal break totals not less than two hours. Such reimbursement shall be in addition to any payment for overtime. (iv) If an employee is notified of a requirement to work overtime and that requirement is cancelled, the employee shall be entitled to reimbursement for a meal purchased in expectation of the requirement to work overtime at the rate shown at Items 2, 3 and 4 of Schedule D for breakfast, midday meal and evening meal respectively. Such reimbursement shall be in addition to any other entitlement to payment. 17.—Shift Work. (1) An employee required to work an afternoon or night shift of 7.5 hours Monday to Friday inclusive shall be paid a loading of the amount shown at Item 5 of Schedule D for each afternoon or night shift worked. (2) An employee working part of an afternoon or night shift shall be paid the loading prescribed in subclause (1) in the proportion that the hours actually worked bear to 7.5 hours. (3) (i) Work performed during ordinary rostered hours on Saturdays or Sundays shall be paid for at the rate of time and one half and on Public Holidays at double time and one half. These rates shall be paid in lieu of the shift work loading prescribed in subclause (1). (ii) Subject to agreement between the Council and the employee, work done during ordinary rostered hours on a public holiday shall be paid for at the rate of time and one half and in addition a day's leave with pay shall be granted. Such additional leave shall be taken at any time within the next 12 months. These rates shall be paid in lieu of the shift work loading prescribed in subclause (1). (iii) Ordinary rostered hours are those hours an employee is advised are required to be worked. The ordinary rostered hours are determined by subclauses (9), (10), (11) and (12). (4) An employee whose normal rostered-off day falls on a Public Holiday shall be paid the ordinary hourly rate for that day, or subject to agreement between the Council and the employee, be allowed a day's leave with pay to be taken within the next 12 months. (5) An employee engaged on shift work who is rostered to work regularly on Sundays and/or Public Holidays throughout the year shall be allowed 37.5 hours leave per annum in addition to the entitlement to annual recreation leave set out in Clause 19. (6) Additional leave provided by subclauses (3), (4) and (5) shall not be subject to the leave loading pre- scribed by Clause 19 (8) of this Award. (7) Overtime worked by an employee rostered to work shift work or approved overtime worked on a rostered day off shall be paid in accordance with the provisions of Clause 16 (2) of this Award. 66 w.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1185 (8) When an employee begins or ceases a shift between the hours of 11.00 p.m. and 7.00 a.m. and no public transport is available the employee shall be reimbursed at the appropriate rate prescribed by Clause 30 if the employee's own motor vehicle is used for the journey between residence and headquarters. (9) An employee on shift work shall work 75 hours each fortnight, exclusive of meal intervals, on the basis of no more than 10 shifts of l/i hours' duration which may be rostered on any of the seven days of the week provided not more than six consecutive days shall be worked. (10) Each meal interval shall be of at least 30 minutes duration but not greater than one hour. (11) Roster periods shall begin on Monday and continue for 14 consecutive days. Each roster shall be available to employees at least three clear working days prior to its commencement. (12) A roster may only be altered on account of a contingency which the Council could not have been reasonably expected to foresee. When a roster is altered the employees concerned shall be notified of the changed shift not later than the day before the changed shift commences. (13) An employee who reports for duty at the rostered time for either a normal or overtime shift and who is then advised that the duty is not required or that the commencing time for such duty has been altered since the employee was last on duty shall be paid a minimum of two hours at the rate applicable for that duty but this shall not apply to an employee who was absent from duty on the previous rostered shift. (14) An employee shall not be rostered for duty until at least 10 hours have elapsed from the time the previous rostered shift ended. (15) An employee shall not be retained permanently on the one shift unless the employee so elects in writing. 18.—Public Holidays. (1) The following days shall be public holidays with pay:— (i) New Year's Day Good Friday Easter Eve Easter Monday Christmas Day the 26th day of December the 25th day of April (Anzac Day) (ii) the Anniversary of the Birthday of the Sovereign Foundation Day (1st day of June) Labour Day (1st clay of March) (iii) all days which may be determined as Public Service Holidays. (2) Whenever any of the days mentioned in subclause (1) (ii) fall on a day other than a Monday, the next following Monday shall be the holiday instead of that day. (3) When any of the days stated in subclause (1) of this clause are not observed as holidays by the Institute on the appointed day a credit of 1.5 days' leave in lieu will be granted in each case subject to its being taken as part of the Christmas/New Year closedown as prescribed by Clause 28. Those employees who work on or are available to work all those days not observed as holidays shall receive a credit of 4.5 days towards the Christmas/ New Year closedown as prescribed by Clause 28. 19.—Annual Recreation Leave. (1) An employee shall be entitled to leave of absence for recreation of 150 hours on full pay for each completed period of 12 months' continuous full-time service. Entitlement to annual recreation leave shall be credited one year in advance on the 1st day of January each year and subject to subclauses (4) and (5) may be taken at any time during the year. (2) An employee who is first appointed from a date after the 1st day of January shall, in anticipation of continuous service to the 31st day of December next following, be credited with pro rata annual recreation leave entitlement in accordance with the following Completed calendar months of service 1 2 3 4 5 6 7 8 9 1011 Pro raia annual leave entitlement (hours) 15 22.5 37.5 52.5 60 75 90 97.5 112.5 127.5 135 Provided that in the calendar month in which an employee commences or finishes employment 7.5 hours of annual recreation leave shall be credited for each two complete weeks of service. For the purpose of this clause approved sick leave shall be deemed to be working days. Where an employee takes a period of leave the minimum absence shall not be less than the employees normal daily working hours or multiples thereof. (3) For the purposes of this clause full pay shall mean the salary payable in accordance with Schedule A of this Award and in addition, Kalgoorlie District Allowance as provided by Clause 33 (3), Protective Clothing Allowance as provided by Clause 34 (2) (iii) and Higher Duties Allowance as provided by Clauses 25 (5), 25 (6) and 25 (7) of this Award. (4) The period during which an employee may take annual recreation leave shall be such as is approved by the Council. Except where otherwise approved by the Council, an employee will be required to take annual recreation leave in one period. (5) With the consent of the Council, an employee may be allowed to accumulate annual recreation leave up to a maximum of three years' entitlement. Should this maximum be reached no further annual recreation leave shall be credited until the employee has taken not less than 150 hours annual recreation leave. Additional entitlements will accrue from the date of return to duty after the 150 hours annual recreation leave has been taken. (6) An employee who resigns or retires, or whose appointment is terminated through no fault of the employee, shall be paid for any pro rata annual leave not already taken in accordance with the table in subclause (2). (7) An employee who resigns or retires, or whose appointment is terminated, after having taken annual recreation leave, shall refund the value of any unearned portion of such leave calculated in accordance with subclause (2). (8) Should any of the holidays referred to in Clause 18 occur during the period an employee is absent on annual recreation leave and such day would normally be an ordinary working day for the employee, a day in lieu of each holiday shall be added to annual recreation leave subject to the provisions of Clauses 18 (3) and 18 (4). (9) (i) Employees shall be paid a loading of 17.5 per cent of salary when proceeding on annual recreation leave. The loading shall be calculated on the employee's salary at the date the leave is taken with respect to a maximum of 150 hours annual recreation leave provided that the maximum amount of loading payable shall not exceed the amount set out in Schedule D, Item 6. (ii) For the purposes of subclause (9) (i) salary means the salary payable in accordance with Schedule A of this Award and Higher Duties Allowance where such allowance is payable during the period of annual recreation leave, Kalgoorlie District Allowance and Protective Clothing Allowance. (10) An employee's entitlement to annual recreation leave shall not be affected by the employee taking any approved leave provided in this Award other than leave without pay in excess of 75 continuous hours. 1186 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 66 W.A.I.G. (11) An employee stationed at Kalgoorlie and who travels to Perth during the period of annual recreation leave shall (i) be granted the equivalent of two normal working days additional leave to enable travel to Perth and return to Kalgoorlie, and (ii) be entitled, once each two years, to first class travel by rail or recoup of the actual cost of petrol and oil for the journey if travelling by private motor vehicle. 20.—Long Service Leave. (1) In this clause, unless the context otherwise requires:— (i) "continuous service" means continuous full- time employment by the Institute and includes any period during which an employee is absent from duties at the Institute on full pay or part pay, but does not include — (a) any period exceeding two continuous weeks during which the employee is absent on leave without pay, unless otherwise determined by the Council; (b) any period during which an employee is taking long service leave; (ii) an employee's service shall not be deemed to have been broken by resignation from another Tertiary Institution in this State or any other employer the Council may elect to recognise, where employment with the Council is commenced within one working week of the day on which such resignation became effective with the proviso that credit for pro rata long service leave shall be such as the relevant service entitles an employee at the rate of accrual of the former institution or recognised employer or the employer whichever be the lower; (iii) "full pay" shall mean the salary payable, in accordance with Schedule A of this Award and in addition, Kalgoorlie District Allowance as provided by Clause 33 (4) and Protective Clothing Allowance as provided by Clause 34 (2) (iii), (a) during a period of long service leave to which the employee is entitled under this clause, (b) at the date on which a lump sum pay- ment instead of long service leave, as provided in this clause, is payable, or (c) at the date of death of an employee and "half pay" shall mean half the full pay rate. (2) An employee who completes seven years' continuous service is entitled to 13 weeks' long service leave on full pay and to an additional 13 weeks' long service leave on full pay for each completed additional seven years' of continuous service. (3) Subject to any approved accumulation of long service leave in accordance with subclause (4), an employee shall take long service leave to which the employee is entitled as soon as practicable after the entitlement accrues, and between such dates as Council may approve. (4) (i) An employee may accumulate an entitlement to long service leave with the approval of Council. (ii) Continuous service subsequent to the date on which 26 weeks entitlement to long service leave accrues shall not entitle the employee to any further long service leave unless the accumulated entitlement is reduced by taking not less than four weeks' long service leave. (5) An employee may, with the approval of the Council — (i) take double the long service leave to which the employee is entitled on half pay; or (ii) take any portion of the long service leave to which the employee is entitled (though not less than four weeks of the entitlement) on full pay or double any such portion on half pay. (6) An employee shall be entitled to a lump sum payment instead of long service leave in respect of any period of long service leave which has accrued on cessation of service with the Institute for any reason whatsoever. An employee subject to this subclause may elect to take, in lieu of the lump sum payment, leave equivalent to the period accrued. (7) An employee shall be entitled to a lump sum payment instead of long service leave on a pro rata basis in respect of any period of continuous service of less than the relevant periods prescribed in subclause (2) in the following cases:— (i) as a retiring allowance on retirement at or over the age of 55 years, the termination of employ- ment by the Council on the grounds of ill- health or in the event of the death of the employee. Provided that the employee has completed not less than 12 months' continuous service prior to the date of retirement at or over the age of 55 years, termination by the Council on the grounds of ill health or death. (ii) where an employee, not having resigned, is retired by the Council for any other cause, pro- vided that no payment shall be made for pro rata long service leave unless the employee has completed not less than three years' continuous service prior to the date of retirement. (8) An employee dismissed for serious misconduct shall be entitled to a lump sum payment instead of long service leave in respect of any period of long service leave which has accrued, but not any on a pro rata basis, calculated on the full pay rate at the date of dismissal. (9) (i) An employee who is taking long service leave is not entitled to any extension of that leave nor to leave in lieu because a public holiday occurs during the period of the leave. (ii) Whenever long service leave and annual leave are taken consecutively, the long service leave portion shall be deemed to be either the first or the last period of the total period of leave. 21.—Sick Leave. (1) (i) An employee shall be entitled to leave of absence for sickness of 93.75 working hours on full pay for each completed period of 12 months' continuous service which entitlement to sick leave shall be credited one year in advance on the 1st day of January each year. Where an employee takes a period of leave the minimum absence shall not be less than the employees normal daily working hours or multiples thereof. (ii) An employee who is first appointed from a date after 1 January shall, for continuous service to 31 December following, be entitled to pro rata sick leave entitlements as follows:— Completed Calendar Months of Service to 31 December 1 23456789 10 IS Sick Leave Entitlement (Working Hours) 45 45 45 45 45 45 93.75 93.75 93.75 93.75 93.75 (2) An application for leave of absence on the grounds of illness exceeding 15 consecutive working hours shall be supported by a certificate of a registered medical practitioner or where the nature of illness consists of a dental conditions by a certificate of a registered dentist. (3) The number of hours leave of absence which may be granted without production of a medical certificate or certificate from a registered dentist shall not exceed in the aggregate 37.5 working hours in any one calendar year. 66 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1187 (4) An employee who is unfit for duty due to illness or injury shall as soon as possible inform the employee's superior officer. The employee shall as soon as possible upon the resumption of duty make a formal application for leave to cover the absence, otherwise the absence shall be treated as being without pay. (5) The maximum period allowable with pay in respect of any continuous absence shall not exceed 11 Zi months on full pay or, at the option of the employee, nine months on full pay and five months on half pay. (6) An employee who has been granted the maximum period of continuous leave as provided by subclause (5) shall not receive further leave with pay until a period of duty or not less than four weeks has been completed. (7) Where an employee is ill during a period of:— (i) annual recreation leave for a period of at least seven consecutive days; or (ii) long service leave for a period of at least 14 consecutive days; and produces at the time or as soon as possible thereafter medical evidence satisfactory to the Council that as a result of illness the employee was confined to a place of residence or a hospital; the employee shall be granted additional leave equivalent to the period during which the employee was so confined at a time convenient to the Council. In these circumstances the sick leave of the employee shall be reduced by the amount of additional leave granted. (8) Where an employee who has been retired due to ill health resumes duty, the sick leave entitlement at the date of retirement shall be reinstated. (9) An employee who suffers personal injuries by accident that are cornpensable in accordance with the provisions of the Workers' Compensation and Assistance Act 1981, which necessitate the granting of sick leave (a) shall have no debit made against sick leave credits in respect of so much of the period of leave as does not exceed 26 weeks and the employee shall receive leave on full pay for such part of the absence; (b) where the employee is unable to resume duty after the expiration of a period of 26 weeks, the employee shall be granted such further leave as is required but half the period of such further leave shall be debited against the employees sick leave credits. 22.—Short Leave. (1) The Council may, upon sufficient cause being shown, grant an employee leave of absence not exceeding 15 consecutive working hours but any such leave of absence granted shall not exceed 15 hours in any one calendar year. Short leave shall not be available to a temporary employee engaged for a period of less than 12 months' continuous service. (2) An employee who is first appointed from a date after 1 January shall, for continuous service to 31 December following, be entitled to pro rata short leave entitlements as follows: Completed Calendar Months of Service 1 2 3 4 5 6 7 8 9 10 11 Short Leave entitlement hours 3.75 3.75 3.75 7.5 7.5 1 1.25 11.25 15.0 15.0 15.0 15.0 23.—Maternity Leave. (1) An employee who has become pregnant and desires to continue employment shall provide a certificate from a registered medical practitioner which indicates the presumed date of confinement. (2) An employee who is pregnant must be absent from duty from a date six weeks before the presumed date of the confinement and remain absent until six weeks from the day the pregnancy terminates. This period is called Mandatory Leave for the purpose of this clause. (3) An employee who is pregnant is entitled to a maximum of 12 months' Maternity Leave inclusive of Mandatory Leave. Maternity Leave may be taken from any time after a date 20 weeks before the certified expected date of confinement. (4) An employee shall be paid in a lump sum for the period of Mandatory Leave six months following the conclusion of maternity leave provided that:— (i) the employee has completed a minimum of two years' continuous service before proceeding on maternity leave for the first time or the employee has completed a minimum of two years' continuous service following return from a previous period of maternity leave before proceeding on maternity leave for a second or subsequent period of maternity leave; (ii) the employee resumes duties and continues in the employ of the Council for not less than six months following the conclusion of the maternity leave granted; provided that payment will be made in the event of the death, permanent incapacity or illness of the employee which precludes resumption of duties where certified by a medical practitioner nominated by the Council, or where the birth of a child with such physical or other defects as in the opinion of the Council requires the employee to be in full time attendance on the child at the conclusion of maternity leave. Where an employee is so paid the period of maternity leave without pay shall be reduced by 12 weeks. (5) In the event of a sickness of the employee which qualifies for sick leave in accordance with Clause 21 the employee may use accrued sick leave credits as provided by Clause 21 to cover all or part of the Maternity Leave subject to production of a medical certificate to the satisfaction of the Council. (6) An employee may use Annual Recreation Leave as provided by Clause 19 and Long Service Leave as provided in Clause 20 to cover all or part of the Maternity Leave. (7) An employee on maternity leave shall confirm the intention of returning to work by notice in writing to the Council to be given not less than four weeks nor more than six weeks prior to the expiration of the maternity leave. (8) An employee may vary the period of maternity leave, subject to the restrictions of subclauses (2) and (3), by providing the Council with notice more than four weeks prior to the first stated maternity leave expiry date of such variation. (9) The provisions of this clause shall apply to a female employee where the adoption of a child (as opposed to a natural birth) is involved, provided that:— (i) the child is not more than 12 months' old at the time of adoption. (ii) the employee may absent from duty not more than six weeks before the expected date of taking over care and control of the child. (10) This clause is in substitution of previous rights and entitlements provided for maternity leave and it shall not be affected by the provisions of Clause 4 of this Award. 24.—Travelling Time. (1) An employee eligible for overtime as provided in Clause 16 (1) (iii) who is required to travel on Council business before or after standard working hours and away from the usual headquarters shall be granted time off in lieu of such actual time spent in travelling in excess 49061—4 1188 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 66 W.A.I.G. of ordinary travelling time at ordinary rates on weekdays and at time and one half rates on Saturdays, Sundays and Public Holidays, provided — (i) such travel is undertaken at the direction of the Council, (ii) such travel shall not include — (a) time spent in travelling by plane between the hours of 11.00 p.m. and 6.00 a.m. (b) time spent in travelling by train between the hours of 11.00 p.m. and 6.00 a.m. (c) time spent in travel resulting from the permanent transfer or promotion of the employee to a new location. (d) time spent in travelling by motor vehicle where the employee is required by the Council to drive a vehicle of the Council or to drive a private motor vehicle involving the payment of kilometreage allowance. Such time shall be deemed to be overtime and paid in accordance with Clause 16 (2). (iii) the maximum period of time off in lieu of travel on any one day shall be eight hours. (iv) time off in lieu shall not be granted for periods of 30 minutes or less. (v) where the exigencies of travel compel an employee to travel during the usual lunch interval such additional travelling time is not taken into account in computing the number of hours of travelling time due. (vi) all time spent in actual travel on Saturdays, Sundays and Public Holidays shall be deemed to be travelling time. (2) In the case of an employee absent from usual headquarters, not involving an overnight stay on that day, the time spent by the employee before or after standard hours of attendance at work in waiting between the time of arrival at the place of duty and the time of commencing duty and between the time of ceasing duty and the time of departure by the first available transport shall be deemed to be travelling time. 25.—Higher Duties. (1) An employee who is directed by the Council to act in a higher classified position and who performs the full duties and accepts full responsibility for a period of five consecutive working days or more shall be paid an allowance equal to the difference between the employee's salary and the salary which would be received if the employee were permanently appointed to the higher position. (2) (i) Where the full duties of a higher position are temporarily performed by two or more employees they shall each be paid an allowance as determined by the Council. (ii) Provided that a dispute as to the amount of any such allowance may be referred to a Board of Reference. (3) Where an employee has qualified for payment of higher duties allowance under this clause and is required to act in another position or other positions classified higher than the employee's position for periods less than five working days without any break in acting service, higher duties allowance shall be payable for each such period at the rate appropriate to each position. (4) An employee directed to act in a position which has an incremental range of salaries shall be entitled to receive an increase in higher duties allowance equivalent to any annual increment which would be received by a permanent appointee to such a position. Provided that where an employee who is acting in a higher position has been acting in another position of the same classification or higher during the 18 months pre- ceding the commencement of so acting the employee shall be deemed to have been acting continuously for the purposes of qualifying service toward such an increase in the allowance. (5) An employee in receipt of a higher duties allowance for a continuous period of 12 months or more who proceeds on — (i) a period of annual recreation leave up to four weeks (ii) a period of any other approved leave of absence of not more than five weeks. shall continue to be paid the allowance provided the employee resumes after such leave in that same position, or one of similar classification or higher or retires. (6) An employee in receipt of a higher duties allowance for a continuous period of less than 12 months who proceeds on:— (i) a period of annual recreation leave up to four weeks (ii) a period of any other approved leave of absence of not more than five weeks. shall continue to be paid the allowance provided the employee resumes after such leave in that same position, or one of similar classification or higher, unless another employee acts in the position during the leave period. (7) Where an employee in receipt of a higher duties allowance proceeds on:— (i) a period of annual recreation leave in excess of four weeks, or (ii) a period of any other approved leave of absence of more than five weeks. the higher duty allowance is not payable for the whole or any part of the period of such leave. (8) When an employee is required to act in an academic position, where the hourly rate of minimum salary determined by the Council for that academic position is higher than the employee's hourly rate, an allowance for the time spent in the academic position shall be paid at a rate equal to the difference in the hourly rates. Such allowance shall be in addition to all other allowances and salary. (9) For the purpose of this clause annual recreation leave shall mean leave provided by Clause 19.—Annual Recreation Leave and shall include any Public Holiday and Leave in lieu accrued during the preceding 12 months taken in conjunction with such annual recreation leave. 26.—Salaries and Salary Ranges. (1) The salaries and salary ranges shall be in accordance with Schedule A of this Award. (2) Salaries shall be paid each fortnight by direct credit transfer to a recognised financial institution. (3) Payment in lieu of an employees accrued entitle- ments at the cessation of employment, other than on retirement, shall be paid in the next following normal fortnightly salary payment by direct credit transfer to a recognised financial institution. (4) As far as practicable the salaries prescribed in Schedule A of this Award will be varied in accordance with variations to the salaries and salary ranges of the State Public Service as ratified by the Public Service Arbitrator under the provisions of the Industrial Relations Act 1979. 27.—Annual Increments. Subject to good conduct, diligence and efficiency, an employee shall proceed to the maximum of the salary range, where so provided, by annual increments according to the increments of such classification. 28.—Christmas/New Year Closedown. (1) The Institute will observe an annual Christmas/ New Year closedown which commences at the close of business on the Friday preceding Christmas Day and ceases at the opening of business on the Monday following New Year. (2) Where employees have not accrued a credit to offset the closedown period (excluding those Public 66 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. Holidays that fall during the period) the additional period of time shall be made up by one or more of: (i) working on a rostered day off; (ii) taking annual leave; (iii) working additional time; or (iv) taking leave without pay. (3) Where an employee's services terminate prior to the closedown and the employee has worked on any or all of the non observed Public Holidays pursuant to Clause 18 (3) the employee shall be paid the overtime penalties as prescribed by Clause 16 (2). Part 3: Salary, Allowances and Entitlements. 29.—Use of Employee's Own Vehicle. An employee authorised to use a private motor vehicle on Council business shall be reimbursed for such use in accordance with the rates set out in Schedule C to this Award. 30.—Travelling Allowances. (1) For the purpose of this clause, reference to an "Item" by number refers to the corresponding number in Schedule B. (2) Intra-State (i) An employee who travels on Council business outside a radius of 50 kilometres measured from the employee's headquarters and who is necessarily absent overnight shall, except where otherwise provided, be reimbursed reasonable accommodation, meal and incidental expenses on the following basis:— (a) where hotel or motel accommodation is utilised and the employee certifies accordingly, and the total amount claimed for the whole period of absence does not exceed the amount payable in accordance with Item 1, 2 or 9; the employee shall be reimbursed at the rates prescribed by Item 1, 2 or 9, as the case may require. Where reimbursement is made for part of a day the proportions of daily rate payable under Item 1, 2 or 9 shall be — Breakfast —10 per cent of the daily rate Luncheon — 15 per cent of the daily rate Dinner — 25 per cent of the daily rate Bed —50 per cent of the daily rate (b) where hotel or motel accommodation is utilised and the total amount claimed for the whole period of absence exceeds the amount payable in accordance with Item 1, 2 or 9, and it can be shown to the satisfaction of the Council, by the production of receipts or other evidence, that the excess expenditure was actually and necessarily incurred, the difference shall be fully reimbursed. (c) Where the employee:— (i) is supplied with accommodation and meals free of charge; (ii) attends a course, conference, etc where the fee paid includes accommodation and meals; (iii) travels by railway and is provided with a sleeping berth and meals; or (iv) is accomodated and supplied with meals at a Government institution, hostel or similar establishment, payment shall be made at the rate pre- scribed by Item 5 or 6, as the case may require, for each day or part of a day exceeding eight hours. One half of the daily rate shall be allowed for any part of a day not exceeding eight hours, (d) For the purpose of determining reimbursement in respect of arrival at or departure from an employee's head- quarters, breakfast shall be allowed for if arrival is later or departure earlier than 8.00 a.m., lunch if arrival is later or departure earlier than 1.00 p.m., dinner if arrival is later or departure earlier than 6.00 p.m. and bed if arrival is later than 11.00 p.m. (ii) Where the employee has accommodation and meals other than as set out in subclause (2) (a), reimbursement shall be in accordance with Item 7 or 8, as the case may require, for each day or part of a day exceeding eight hours. One half of the rate shall be allowed for any part of a day not exceeding eight hours. If reimbursement under Item 7 or 8 is insufficient to meet the employee's reasonable expenses actually and necessarily incurred, then subject to the production of receipts or other reasonable evidence of actual expenditure, the difference shall be fully reimbursed. (iii) An employee who travels on Council business outside a radius of 50 kilometres measured from the employees headquarters and is not absent overnight, shall be paid at the rates pre- scribed by Item 3 or 4, as the case may require, subject to the employee's certification that each meal claimed for was actually purchased. Pro- vided that where an employee 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, the rate prescribed by Item 1 shall be paid. (iv) An employee stationed in the metropolitan area who is relieving at or temporarily transferred to any place within that area shall not be reim- bursed the cost of midday meals purchased, but an employee travelling on duty within the metropolitan area which requires absence from headquarters over the usual midday meal period shall be paid at the rate prescribed by Item 10 for each meal necessarily purchased. Provided that — (a) such travelling is not within the suburb in which the employee resides; and (b) an employee's total reimbursement under this subclause for any one pay period shall not exceed the amount pre- scribed by Item 11. (c) an employee stationed in the metro- politan area who is sent to one place within that area away from head- quarters to perform duties which necessitate attendance at that place, prior to and immediately after the usual midday meal period, shall not be reim- bursed the cost of midday meals purchased unless approved by the Council. (3) Interstate (i) An employee who travels on Council business beyond the limits of the State but within the Commonwealth, shall be reimbursed reasonable accommodation, meal and incidental expenses on the following basis:— (a) where hotel or motel accommodation is utilised and the employee certifies accordingly, and the total amount claimed for the whole period of absence does not exceed the amount payable in accordance with Item 12 or 13, the WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 66 W.A.I.G. employee shall be reimbursed at the rates prescribed by Item 12 or 13, as the case may require. (b) where hotel or motel accommodation is utilised and the total amount claimed for the whole period of absence exceeds the amount payable in accordance with Item 12 or 13, and it can be shown to the satisfaction of the Council by the pro- duction of receipts or other evidence that the excess expenditure was actually and necessarily incurred, the difference shall be fully reimbursed. (c) where the employee:— (i) is supplied with accommodation and meals free of charge; (ii) attends a course, conference, etc where the fee paid includes accommodation and meals; (iii) travels by railway and is provided with a sleeping berth and meals; or (iv) is accommodated and supplied with meals at a Government institution, hostel or similar establishment; the employee shall be paid at the rate prescribed by Item 14 to cover incidental expenses. (ii) Where reimbursement is made for part of a day, the reimbursement shall be determined in accordance with subclause (2) (i). (iii) Where the employee has accommodation and meals other than as set out in subclause (3) (i) reimbursement shall be in accordance with Item 15, for each day or part of a day exceeding eight hours. If reimbursement under Item 15 is insufficient to meet the employee's reasonable expenses actually and necessarily incurred, subject to the production of receipts or other reasonable evidence of expenditure, the difference shall be fully reimbursed. (4) General (i) If on account of lack of suitable regular transport facilities an employee necessarily engages reasonable lodgings in Perth or other place in which the headquarters are situated, for the night prior to commencing travelling in order to travel by an early morning transport, the cost of such lodgings shall be reimbursed in addition to such other reimbursements authorised by this clause. (ii) An employee who travels on Council business shall, in addition to any reimbursement of expense at the appropriate rate prescribed by this clause, be reimbursed reasonable incidental expenses such as tram, bus and motor fares and reasonable laundry and dry cleaning expenses on production of receipts. (iii) Reimbursement of expenses, as prescribed by this clause, shall not be suspended should an employee become ill whilst travelling, provided leave for the period of such illness is approved in accordance with the provisions of Clause 21. (iv) Reimbursement of travelling expenses for a period exceeding 14 days in any one month shall not be passed for payment to any employee by a certifying officer until the endorsement of the Council has been obtained on the account. (v) The headquarters of an employee engaged to work in more than one location shall be con- sidered to be the place in which the principal . work is carried out as defined by the Council. 31.—Transfer Allowance. (1) An employee transferred in the ordinary course of promotion and/or transfer, or on account of illness due to causes over which the employee has no control, shall be reimbursed:— (i) Married Employee (a) the actual reasonable cost of con- veyance of the employee, spouse, children under 16 years of age and other children wholly dependent; (b) subject to the limitations prescribed in subclause (2) the actual reasonable cost of conveyance of furniture and effects, including insurance of such whilst in transit; (c) an allowance of the amount shown at Item 7 of Schedule D for accelerated depreciation and extra wear and tear on furniture, effects and appliances. Pro- vided that the Council is satisfied that the value of household furniture, effects and appliances moved by the employee is at least six times the amount shown at Item 7 of Schedule D; and (d) the full freight charges necessarily incurred in respect of the removal of a motor vehicle. If authorised by the Council to travel to the new locality in the employee's own motor vehicle, reimbursement shall be on the basis of the appropriate rate of hire as pre- scribed by Clause 30. (ii) Single Employee (a) the actual cost of conveyance of the employee; (b) subject to the limitations defined in subclause (2) the actual reasonable cost of conveyance of furniture and effects, including insurance of such whilst in transit; and (c) the full freight charges necessarily incurred in respect of the removal of a motor vehicle. If authorised by the Council to travel to the new locality in the employee's own motor vehicle, reimbursement shall be on the basis of the appropriate rate of hire as pre- scribed by Clause 29. (2) The maximum reimbursement for cost of con- veyance of household furniture, effects and appliances, including insurance whilst in transit shall be the amount shown at Item 8 of Schedule D unless a higher sum is approved by the Council in any special case. (3) An employee who is transferred from one locality to another solely at the employee's own request or on account of misconduct, must bear the whole cost of removal unless otherwise approved by the Council. (4) On arrival at the new location, a transfer of an employee shall be paid at the rate prescribed by Item 1 or 2 of Schedule B, as the case may require, for a period of 14 days after arrival at the new headquarters. Provided that if an employee is required to travel on official business during that 14 days, such period shall be extended by the time spent in travelling. (5) A married employee who is transferred into accommodation supplied by the Council shall not be entitled to reimbursement under subclause (4) except where entry into such accommodation is delayed through circumstances beyond the employee's control. Provided that during the period involved in travelling to the new- headquarters travelling allowances in accordance with the provisions of Clause 29 shall be paid. (6) (i) 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 66 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. reasonable additional costs incurred by an employee on transfer, an appropriate rate of reimbursement shall be determined by the Council. (ii) Provided that if such rate is disputed by the employee and the Association the matter may be referred to a Board of Reference. 32.—Dirty Work Allowance. A special allowance, to be determined by the Council, shall be paid to an employee when engaged in any dirty work (including moving or sorting old books and documents) which is not part of the regular duty of the employee concerned provided that if there is a dispute as to the amount of such allowance, such matter may be referred to a Board of Reference. 33.—Kalgoorlie District Allowance. (1) A married employee located in the Kalgoorlie area shall be paid Kalgoorlie District Allowance at the rate shown at Item 10 of Schedule D. A single employee located in the Kalgoorlie Area shall be paid Kalgoorlie District Allowance at the rate shown at Item 11 of Schedule D. A married female employee who is covered by this Award shall not be eligible for the payment of Kalgoorlie District Allowance except as provided by subclause (2) or as otherwise approved by the Council. (2) Where a single employee or married female employee, located in the Kalgoorlie area, supplies proof that such employee is the main support of dependent relatives resident in the State, the employee may be paid the rate applicable to a married male employee under this Award, subject to the approval of the Council. (3) An employee in receipt of Kalgoorlie District Allowance who proceeds on approved annual recreational leave shall be paid the allow ance during such leave. (4) Kalgoorlie District Allowance shall only be payable during long service leave or other approved leave with pay (excepting annual recreational leave) if the family or dependents remain in the Kalgoorlie area. (5) When an employee leaves the Kalgoorlie area on duty payment of the Kalgoorlie District Allowance shall cease after the expiration of two weeks unless otherwise approved by the Council. (6) Where an employee not in receipt of Kalgoorlie District Allowance is required to temporarily reside for any period in excess of one month in Kalgoorlie an allowance at the rate shown at Item 11 of Schedule D shall be paid. (7) The Kalgoorlie District Allowance shall be adjusted every 12 months in accordance with variations in the official "Consumer Price Index" for Perth published by the Australian Bureau of Statistics. 34.—Uniforms and Protective Clothing. (1) Where uniforms are required to be worn they shall be supplied by the Council. An employee supplied with uniforms shall be personally responsible for the maintenance of the uniform. (2) (i) An employee who, in the opinion of the Council, is required to wear protective clothing (e.g. dust coats, laboratory coats, overalls) may be supplied with two sets on appointment and thereafter two sets per annum, free of cost. (ii) An employee issued with protective clothing shall be personally responsible for its care and maintenance. (iii) Where subclause (2) (i) applies, the Council may pay an allowance of the amount shown at Item 11 of Schedule D in lieu of the provision of protective clothing, to be paid in equal fortnightly instalments. 35.—Adjustments and Variations. As far as practicable and by agreement between the Association and the Council the general conditions of service prescribed in this Award will be varied in 1191 accordance with variations made to similar conditions of service operating in the Public Service of Western Australia. 36. —Arrangement. Part One — General Provisions. Clause 1. Title. 2. Definitions. 3. Area and Scope. 4. Preservation of Accrued Rights. 5. Right of Entry. 6. Grievance and Dispute Procedure. 7. Board of Reference. 8. Term of Award. 9. Copies of Award. 10. Personal Files. 11. Education Programmes. Part Two — Conditions of Employment. Clause 12. Contract of Employment. 13. Fractional-Time Employment. 14. Hours of Duty. 15. Appointments and Promotions. 16. Overtime. 17. Shift Work. 18. Public Holidays. 19. Annual Recreation Leave. 20. Long Service Leave. 21. Sick Leave. 22. Short Leave. 23. Maternity Leave. 24. Travelling Time. 25. Higher Duties. 26. Salaries and Salary Ranges. 27. Annual Increments. 28. Christmas/New Year Closedown. Part Three — Salary, Allowances and Entitlements. Clause 29. Use of Employees Own Vehicle. 30. Travelling Allowances. 31. Transfer Allowance. 32. Dirty Work Allowance. 33. Kalgoorlie District Allowance. 34. Uniforms and Protective Clothing. 35. Adjustments and Variations. Part Four — Arrangement. Clause 36. Arrangement. Part Five — Schedules. A Salary Rates. B Travelling Allowance. C Vehicle Allowance. D Miscellaneous Allowances and Rates. Schedule A. Salary Rates. (1) The annual salaries applicable to employees covered by the Award shall be:— Level Salary Per Annum Level 1 Under 17 years 7 907 17 years 9 241 18 years 10 778 19 years 12 476 20 years 14 010 21 years or 1st year of adult service 15 390 22 years or 2nd year of adult service 15 972 23 years or 3rd year of adult service 16 550 24 years or 4th year of adult service 17 127 QP 25 years or 5th year of adult service 17 707 26 years or 6th year of adult service 18 286 27 years or 7th year of adult service 18 953 28 years or 8th year of adult service 19 414 29 years or 9th year of adult service 20 096 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 66 W.A.I.G. Salary Per Annum 20 912 21 539 22 185 22 851 23 537 24 478 25 213 25 969 26 748 27 813 28 648 29 507 31 161 32 282 33 443 34 648 36 588 37 906 39 271 40 728 42 962 44 508 46 189 48 923 50 880 53 308 56 288 58 389 60 724 Employees 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 employee is deemed qualified for promotion as determined by the Institute. An employee who is 21 years of age or older on appointment to Level 1 may be appointed at the minimum rate of pay based on years of service and not on age. (2) Salaries — Professional Callings (i) Employees who possess a relevant tertiary level qualification, or equivalent, determined by the Institute and who are employed in a professional calling determined by the Institute shall be entitled to annual salaries as follows:— evel Salary Per Annum evel 2/4 20 912 22 185 23 537 25 213 27 813 29 507 evel 5 31 161 32 282 33 443 34 648 evel 6 36 588 37 906 39 271 40 728 evel 7 42 962 44 508 46 189 evel 8 48 923 50 880 53 308 evel 9 56 288 58 389 60 724 (ii) Employees on appointment or promotion to Level 2/4 under this subclause: (a) who have completed an approved three year tertiary qualification, relevant to their calling, shall commence at the first year increment. (b) who have completed an approved four year tertiary qualification, relevant to their calling, shall commence at the second year increment. (c) who have completed an approved Masters or PhD degree relevant to their calling shall commence on the third year . increment. Provided that any such employees who attain a higher tertiary level qualification after appoint- ment shall not be entitled to any advanced progression through the range. (iii) The Institute shall be exclusively responsible for determining the relevant acceptable qualifications for appointment for the callings covered by this subclause and shall maintain a manual setting out such qualifications. (iv) The Institute in allocating levels pursuant to paragraph (i) of this subclause may determine a commencing salary above Level 2/4 for a particular calling/s. (3) Qualifications Allowance: (i) Employees in receipt of a qualifications allowance at the date of operation of this Award or who would have become entitled to such allowance, or increase in such allowance, as a result of studies completed in the 1985 calendar year, shall continue to receive or be granted such allowance, or increase in allow- ance provided that such allowance shall be reduced or ceased in accordance with the following: Annual Annual Allowance Allowance Diplomates Graduates and Associates Up to and including Level 3, min $200 $300 Level 3, 2nd and 3rd increments 100 200 Level 3 max Nil 100 Level 4 and above Nil Nil (ii) Employees who are not entitled to a qualification allowance pursuant to paragraph (i) of this subclause or who attain a higher qualification subsequently shall not be entitled to receive an allowance or increase in the allowance. (4) Employees Supporting Dependents Allowance (i) Officers previously classified C-IV, G-VII, G-XIII or G-X who were in recept 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, continue to receive such allowance of one increment whilst wholly or substantially supporting a spouse and/or dependent relative. Provided that the maximum remuneration 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 Institute or, age 24 or fourth year of adult service in respect of officers not deemed qualified for promotion. (ii) Payment of the employee Supporting Dependents Allowance shall cease should an employee be promoted or reclassified above Level 1. 66 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1193 (iii) This provision shall not apply to any employee who was not in receipt of the employee Supporting Dependents Allowance at the operative date of this Award. (5) Salary Maintenance: All employees appointed to a classification prior to the date of implementation of broad-banding will progress through the salary ranges (as adjusted by general salary movement) applicable to that classification irrespective of the Level determined by Institute determination. Schedule B Nature of Travel Travelling Allowance. Rate of Pay (1) Intra-State (i) Involving an overnight stay at a country hotel or motel — (a) Locality south of 26 degrees south latitude (b) Locality north of 26 degrees south latitude Broome Carnarvon Dampier Derby Exmouth Fitzroy Crossing Gascoyne Junction Halls Creek Karratha Kununurra Marble Bar Newman Nullagine Onslow Pannawonica Paraburdoo Port Hedland Roebourne Shark Bay Tom Price Wickham Wittenoom Wyndham (ii) Not involving an absence from headquarters overnight — (a) Locality south of 26 degrees latitude Breakfast (per meal) Lunch (per meal) Dinner (per meal) (b) Locality north of 26 degrees south latitude Breakfast (per meal) Lunch (per meal) Dinner (per meal) (iii) Allowance to meet incidental expenses — (a) Locality south of 26 degrees south latitude (b) Locality north of 26 degrees south latitude (iv) Involving an overnight stay in accordance with Clause 30 (2) (ii) — (a) Locality south of 26 degrees south latitude (b) Locality north of 26 degrees south latitude (v) Involving an overnight stay at a metropolitan hotel or motel — Nature of Travel Rate itt of Pay (vi) Involving the purchase of a midday meal within the metropolitan area — (a) Per meal 2.50 H (b) Maximum reimbursement per pay period 12.50 1 (2) Inter-State (i) Beyond the limits of the State but within the Commonwealth — (a) Capital Cities 85.20 L (b) Other 53.90 L (ii) Allowance to meet incidental expenses 5.55 L (iii) Allowance in accordance with Clause 30 (3) (iii) 38.85 1: Schedule C — Vehicle Allowance. (Up to 8 000 km per year.) Area Engine Displacement Over 1600cc- 1600cc 2600cc 2600cc and less c/km c/km c/km Metropolitan Area 33.1 29.6 24.4 SW Land Division 33.9 30.3 25.1 Other 34.8 31.2 25.8 North of 23.5 degrees South Latitude 37.5 33.2 27.9 Schedule D — Miscellaneous Allowances and Rates. Item 1: On-call allowance lstPoinl 1 x 18-~ 7S = $2.00 per hour Level 2 37.5 100 Item 2: Breakfast — $3.90 per meal Item 3: Lunch — $4.80 per meal Item 4: Dinner — $5.75 per meal Item 5: Shift Allowance — $9.08 per IVi hour shift Item 6: Annual Leave Loading Limit — $390. ABS measure of "average weekly earnings per male employed unit". In Western Australia for the September quarter immediately preceding the date the leave is credited. Item 7: Depreciation Allowance — $300 Item 8: Removal Expense — $1 350 Item 9: Kalgoorlie Allowance (married) — $201 per annum Item 10: Kalgoorlie Allowance (single) — $100.50 per annum Item 11: Protective Clothing Allowance — $160 per annum A WARDS/AG RE EME NTS — Variation of — BREADCARTERS (Country). Award No. R17 of 1975. BEFORE THE