WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. 1129 of 1984. Between The Federated Miscellaneous Workers' Union of Australia, Hospital, Service and Miscellaneous, W.A. Branch, Applicant and Zoological Gardens Board, Respondent. Order. HAVING heard Mr J. A. McGinty on behalf of the appli- cant and Mr D.J. Cloghan on behalf of the respondent and intervening on behalf of the Attorney General and Public Service Board, and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders —- That the Zoological Gardens Employees Award No. 29 of 1969 be varied in accordance with the following Schedule "A" and consolidated in accordance with Schedule "B" and that such variation and consolidation shall have effect as from the beginning of the first pay period commencing on or after the 14th day of February 1985. Dated at Perth this 6th day of March 1985. (Sgd.) G.A. JOHNSON, [L.S.] Commissioner. Schedule "A". 1. Clause 2.—Arrangement: Delete this clause and insert the following in lieu: 2. —Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Term. 5. Hours. 6. 38 Hour Week : Rostered Day Off. 7. Roster. 8. Overtime. 9. Meals. 10. Wages. 11. Annual Leave. 12. Public Holidays. 13. Long Service Leave. 14. Contract of Service. 65 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 501 15. Time and Wages Book. 16. Posting Award. 17. Sick Leave. 18. Higher Duties. 19. Travelling Time. 20. General Provisions. 21. Payment of Wages. 22. Maternity Leave. 23. Definitions. 24. Saturday and Sunday Time. 25. Uniforms, Protective Clothing and Equipment. 26. Compassionate Leave. 27. Right of Entry. 28. Part-Time Employees. 29. Liberty to Apply. 2. Clause 5.—Hours: Delete this clause and insert the following in lieu: 5.—Hours. (1) (a) Except as otherwise provided in this clause, the ordinary hours of work shall not exceed 38 per week and shall be worked between the hours of 7.00 a.m. and 5.00 p.m. Monday to Friday. (b) Ordinary hours shall be worked within a 20 day cycle of eight hours on the first 19 days in each cycle with 0.4 of one hour of each such day worked accruing as an entitlement to take the 20th day in each cycle as a paid day off as though worked. (2) (a) The ordinary hours of work for rostered employees shaU not exceed an average of 38 per week over a roster cycle and shall be worked between the hours of 7.00 a.m. and 5.00 p.m. on any of the seven days of the week. (b) The length of the cycle during which the ordinary hours may be worked to give an average of 38 shall be determined by agreement between the employer and the union or failing agreement by a Board of Reference. (c) Rostered employees shall be entitled to 12 paid days off in every 12 months in accordance with subclause (4) of Clause 6.—38 Hour Week: Rostered Day Off. (3) Each employee referred to in subclause (2) of this clause shall, in every seven consecutive days, be granted two days off duty, provided that this sub- clause shall be deemed to be complied with if the employee is granted the equivalent of six days off duty in every period of three weeks. 3. Clause 6.—Roster: Delete this clause and insert the following in lieu: 6.-38 Hour Week : Rostered Day Off. (1) The rostered day off provided for in sub- clauses (1) and (2) of Clause 5.—Hours of this award, shall be observed to suit the circumstances of the Zoological Gardens Board. Subject to subclause (3) of this clause, the rostered day off will normally be the first or last working day of the working week. (2) The calendar year will be divided into 13, 20 day work cycles. During the year employees will be required to take one period of their annual leave to include the rostered day off duty for that particular work cycle. There will be no additional pay or leave in lieu of that rostered day off. Keepers who have additional leave in lieu will only lose one rostered day off duty while on annual leave. (3) Where to meet the needs of the Board, an employee is required to work on his rostered day off as provided for in subclause (1) or (2) of Clause 5.— Hours of this award that employee will be re- rostered for another day off duty within 10 working days. The re-rostered day will be the first or last working day of the working week unless another day is agreed between the Board and the employee. (4) Keepers who work a three week roster will be rostered off duty on three occasions in a 12 week cycle. The rostered days off shall be on a Friday preceeding the normal rostered weekend off duty and shall occur after three weeks, three weeks and six weeks. (5) The employer is responsible for the prepara- tion and maintenance of the roster. (6) There will be no rostered day off duty applic- able to employees whilst on long service leave nor any credit accumulated for such periods of leave. (7) Where an employee is rostered off duty on a particular day, he will not be entitled to claim either sick leave or compassionate leave in substitution for the rostered day off. (8) An employee on workers' compensation: (a) For a period of less than one complete 20 day work cycle shall accrue time off towards and be paid for the succeeding day off. (b) For periods of one or more complete 20 day work cycles shall not accrue time off towards a rostered day off. (c) For a period of less than one complete 20 day work cycle and a rostered day off falls within the period, the employee will not be re-rostered for an additional day off. (9) A dispute concerning rosters shaU be referred to a meeting of the Board and the Union. 4. Clause 7.—Overtime: Delete this clause and insert the following in lieu: 7.—Roster. (1) The employer shall cause to be prepared and exhibited a roster or rosters showing — (a) the name of each employee (b) the days and hours over which each employee shall be required to perform his ordinary hours of work. (2) Separate rosters shall be prepared and exhibit- ed for each group of employees employed by the employer. (3) A roster may be altered at any time by the employer subject to the following:— (a) Seven days' notice in respect to days on which work is to be performed. (b) 48 hours' notice in respect to hours of work on a rostered day. Notwithstanding the foregoing a roster may be altered by the giving of a lesser period of notice prescribed above where the employer and employee so agree. 5. Clause 8.—Days Off: Delete this clause and insert the following in lieu: 8.—Overtime. (1) Except as provided in subclause (2) of this clause all time worked in excess of eight hours each day or outside the usual hours of work or, in the case of rostered employees in excess of eight hours each day or outside the rostered hours of work shall be overtime and paid for at the rate of time and one half for the first two hours and double time thereafter. (2) All time worked on Saturdays or Sundays other than by employees rostered to work ordinary hours on those days shall be paid as follows:— (a) Prior to 12.00 noon on Saturdays at the rate of time and one half for the first two hours and double time thereafter. (b) After 12.00 noon on Saturdays at the rate of double time. (c) On Sundays at the iate of double time. 502 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 65 W.A.I.G. (3) Where, to meet the needs of the Board, an employee is required to work on his rostered day off as provided for in subclauses (1) and (2) of Clause 5.—Hours of this award, no overtime will be paid. (4) The foregoing provisions of this clause shall not apply to casual employees who shall be paid at the rate of time and one half for the first two hours and double time thereafter for all time worked in excess of eight hours in any day or night. (5) (a) An employee required to work continuous overtime for more than 1 Vi hours shall be supplied with a meal by the employer or be paid $3.80 for a meal, and if, owing to the amount of overtime worked, a second or subsequent meal is required he shall be supplied with each such meal by the employer or be paid $2.65 for each meal so required. (b) The provisions of paragraph (a) of this sub- clause do not apply:— (i) in respect of any period of overtime for which the employee has been notified on the previous day or earlier that he will be required; or (ii) to any employee who lives in the locality in which the place of work is situated in respect of any meal for which he can reasonably go home; or (iii) where the overtime worked is outside the customary meal time. (c) If an employee provides himself with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, he shall be paid, for each meal provided and not required, the appropriate amount described in paragraph (a) of this subclause. (6) (a) The employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement. (b) The union or employee or employees covered by this award shall not in any way, whether directly or indirectly, be party to or concerned in any ban, limitation or restriction upon the working of over- time in accordance with the requirement of this subclause. (7) An employee called back to work after the normal working time without prior notice shall be paid a minimum of three hours at the appropriate overtime rates. 6. Clause 9.—Meals: Delete this clause and insert the following in lieu: 9.—Meals. (1) Each employee shall be allowed an unpaid meal break of one hour each day between the hours of 11.30 a.m. and 2.00 p.m. (2) If when the meal time customary in the industry arrives, an employee is required to continue working and his meal interval is thereby deferred, he shall be paid at overtime rates until he gets a meal interval of the customary duration. Provided that if the continuance of work is reasonably necessary and could not have been avoided by any reasonable action by the employer, the employer shall be allowed time not exceeding 20 minutes before such penalty rate begins to accrue. 7. Clause 10.—Wages. (a) After the classification Gardener — Grade 2 in subclause (1) insert the following new classifica- tion and rates. Motive Power Motor Operator: $ 1st year of employment 281.50 2nd year of employment 284.50 Thereafter 288.00 (b) Renumber subclause (2) to subclause (3) and insert the following new subclause (2). (2) All employees called upon to clean toilet closets shall receive an allowance of 36 cents per closet per week and for these purposes, one metre of urinal shall count as one closet and three urinal stalls shall count as one closet. All employees shall be supplied with rubber gloves on request. 8. Clause 11.—Annual Leave: Delete this clause and insert the following in lieu: 11.—Annual Leave. (1) Except as hereinafter provided a period of four consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to an employee by his employer after a period of 12 months' continuous service with such employer. (2) "Ordinary wages" for an employee shall mean the rate of wages the employee has received for the greatest proportion of the calendar month prior to his taking the leave. (3) If after one month's continuous service in any qualifying 12 monthly period, an employee lawfully leaves his employment or his employment is ter- minated by the employer through no fault of the employee, the employee shall be paid 2.92 hours' pay at the rate of wage prescribed in subclause (2) of this clause in respect of each completed week of con- tinuous service in that qualifying period. (4) Annual leave accumulated to an employee as at 7 November 1983 shall be adjusted in hours in the ratio of 38 to 40. (5) In addition to ar payment to which he may be entitled under subclause (3) of this clause, an employee whose employment terminates after he has completed a 12 monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period shall be given payment as prescribed in subclauses (2) and (9) of this clause in lieu of that leave unless: (a) he has been justifiably dismissed for misconduct; and (b) the misconduct for which he has been dis- missed occurred prior to the completion of that qualifying period. (6) An employee may be rostered off and granted annual leave with payment of ordinary wages as pre- scribed in subclauses (2) and (9) of this clause prior to his having completed a period of 12 months' con- tinuous service, in which case should the services of such employee terminate or be terminated prior to the completion of 12 months' continuous service, the said employee shall refund to the employer the difference between the amount received by him for wages in respect of the period of his annual leave and the amount which would have accrued to him by reason of the length of his service up to the date of the termination of his services. (7) (a) When computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the period that an employee is on annual leave, long service leave and/or holidays. Provided that no deduction shall be made for any approved period an employee is absent from duty through sickness, with or without pay, unless the absence exceeds three calendar months, in which case deduction may be made for such excess only. (b) Approved periods of absence from work caused through accident sustained in the course of employment shall not be considered breaks in con- tinuity of service, but the first six months only of any such period shall count as service for the purpose of computing annual leave. (8) When work is closed down for the purpose of allowing annual leave to be taken, employees with less than a full year's service shall only be entitled to 65 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 503 payment during such period for the number of days' leave due to them. Provided that nothing herein contained shall deprive the employer of his right to retain such employees during the close down period as may be required. (9) (a) An employee proceeding on annual leave shall be paid in addition to the ordinary payment for such leave, a wage loading of 17.5 per cent calculat- ed on the rate of wage prescribed by subclause (2) of this clause. (b) The loading prescribed by this subclause shall not apply to proportionate leave on termination. (10) The provisions of this clause shall apply to part-time employees on a pro rata basis in the same proportion as the number of hours worked each week bears to 38. (11) The provisions of this clause shall not apply to casual employees. (12) Notwithstanding the foregoing provisions of this clause, the following provisions shall apply to rostered -employees. (a) Subject to the provisions of this subclause a period of six consecutive weeks' leave with payment of ordinary wages as pre- scribed shall be allowed annually to an employee by his employer after a period of 12 months' continuous service with that employer. . (b) If after one month's continuous service in any qualifying 12 monthly period an employee leaves his employment or his employment is terminated by the employer through no fault of the employee, the employee shall be paid 4.38 hours' pay at the rate of wage prescribed in subclause (2) of this clause in respect of each completed week of continuous service. 9. Clause 12.—Public Holidays: Delete subclauses (2), (3), (4) and (5) and insert the following in lieu: (2) Whenever any of the days referred to in sub- clause (1) of this clause falls on an employee's ordinary working day and the employee is not re- quired to work on such day he shall be paid for the ordinary hours he would have worked on such day had it not been a holiday. (3) An employee required to work on a day referred to in subclause (1) of this clause shall be paid for the time worked at the rate of double time and a half. Provided that in lieu of the foregoing provisions of this paragraph and subject to agree- ment between the employer and the employee, work performed on a Public Holiday may be paid for at the rate of time and one half and the employee shall, in addition be allowed a day's leave with pay to be added to his annual leave or on a day mutually acceptable to the employer and the employee. (4) When an employee is off duty owing to leave without pay or sickness, including accidents on or off duty, except time for which he is entitled to claim sick pay, any holiday falling during such absence shall not be treated as a paid holiday. Where the employee is on duty or available on the working day immediately preceding a holiday, or resumes duty or is available on the working day immediately follow- ing a holiday, as prescribed in this clause, the employee shall be entitled to a paid holiday on all such holidays. (5) The provisions of this clause shall not apply to rostered employees who shall work public holidays in the course of their normal rostered duty. (6) A casual employee shall not be entitled to payment for any holiday referred to in this clause. 10. Clause 13.—Long Service Leave: Delete this clause and insert the following in lieu: 13.—Long Service Leave. (1) The conditions governing the granting of long service leave to Government wages employees generally shall apply to employees covered by this award. (2) Long Service Leave accumulated to an employee as at 7 November 1983 shall be adjusted in hours in the ratio of 38 to 40. 11. Clause 14.—Contract of Service: After subclause (2) add the following new subclauses: (3) An employee shall not be entitled on termina- tion or dismissal, to payment for time accrued towards a rostered day off in accordance with sub- clause (1) or (2) of Clause 5.—Hours of this award. (4) Nothing in this clause shall prevent an employer from dismissing an employee at any time for misconduct and, in such cases, wages shall be paid up to the time of dismissal only. (5) The employer shall be under no obligation to pay for any day, or portion of a day, not worked upon which the employee is required to present him- self for duty, except where such absence from work is'due to illness coming within the provisions of Clause 16.—Sick Leave or is on account of holidays to which the employee is entitled under this Award. (6) (a) An employer is entitled to deduct payment for any day or portion of a day on which an employee cannot be usefully employed because of a strike by the Union or by any other union or association or through the breakdown of the employers machinery or through any stoppage of work by any cause which the employer cannot reasonably prevent. (b) Where wages are calculated in advance of the accrual period and the employee has been paid for time for which he is not entitled under paragraph (a) of this subclause, the amount to which he is not entitled may be deducted from the first possible sub- sequent pay of the employee concerned. 12. Clause 15.—Time and Wages Book: Delete this clause and insert the following in lieu: 15.—Time and Wages Book. (1) The employer shall keep or cause to be kept a time book and wages sheet, in either of which shall be entered — (a) the name of each employee to whom this award applies; (b) the nature of the work performed; (c) the hours worked each day; (d) the wages and overtime (if any) paid to each employee. Any system of automatic recording by means of machines shall be deemed to comply with this pro- vision to the extent of the information recorded. (2) Employees shall record their starting and finishing times per shift in the time book or sheet, and shall sign the wages sheet on receipt of their wages. (3) The time book or sheet with all entries therein, shall on demand be produced for inspection by the secretary or duly authorised official of the union at any reasonable time during the day. The wages sheet shall be similarly produced on demand during ordinary office hours. 13. Clause 17.—Sick Leave: Delete this clause and insert the following in lieu: 17.—Sick Leave. (1) (a) An employee shall be entitled to payment for non attendance on the grounds of personal ill health or injury for one-sixth of a week's pay for each completed month of service. 504 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 65 W.A.I.G. (b) Payment hereunder may be adjusted at the end of each accruing year, or at the time the employee leaves the service of the employer, in the event of the employee being entitled by service sub- sequent to the sickness in that year to a greater allowance than that made at the time the sickness occurred. (2) The unused portion of the entitlement pre- scribed in subclause (1) (a) of this clause in any accruing year shall be allowed to accumulate and may be availed of in the next or any succeeding year. (3) Sick leave accumulated to an employee as at 7 November 1983 shall be adjusted in hours in the ratio of 38 to 40. (4) In order to acquire entitlement to payment in accordance with this clause, the employee shall, as soon as reasonably practicable advise the employer of his inability to attend for work, the nature of his illness or injury and the estimated duration of the absence. Provided that such advice other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence. (5) No employee shall be entitled to the benefit of this clause unless he produces proof to the satis- faction of the employer or his representative of such sickness, provided that the employer shall not be entitled to a medical certificate for absences of less than three consecutive working days unless the total of such absences exceeds five days in any one accruing year. (6) (a) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when he is absent on annual leave and an employee may apply for and the employer shall grant, paid sick leave in place of paid annual leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecutive days or more and he produces a certificate from a registered medical practitioner that he was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if he is unable to attend for work on the working day next following his annual leave. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time he pro- ceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agree- ment, shall be added to the employee's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 11.—Annual Leave. (7) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers' Compensation and Assistance Act 1981 nor to employees whose illness or injury is the result of the employee's own misconduct. (8) The provisions of this clause do not apply to casual employees. 14. Clause 18.—Higher Duties: Delete this clause and insert the following in lieu: 18.—Higher Duties. (1) Subject to subclause (2) of this clause, an employee called upon to perform work carrying a higher minimum rate of pay than his regular pay for two hours in any day shall be paid such higher minimum for the whole of that day. Provided that the acting time of less than two hours in any one shift shall not be counted. (2) An employee shall not be entitled to the pay- ment prescribed in subclause (1) of this clause when required to perform work carrying a higher mini- mum rate of pay than his regular pay when the permanent occupant is on a rostered day off as pro- vided for in subclauses (1) and (2) of Clause 5.— Hours of this award. 15. Clause 20.—General Provisions: Delete subclause (5). 16. Clause 21.—Payment of Wages: Delete this clause and insert the following in lieu: 21.—Payment of Wages. (1) Wages shall be paid weekly or fortnightly at the option of the employer. (2) Accompanying each payment of wages shall be a statement setting out details of the wages. (3) Payment may be made in cash or by cheque at the discretion of the employer. (4) An employee who lawfully leaves his employ- ment or is dismissed for reasons other than mis- conduct shall be paid all moneys owing to him before he leaves the establishment or the same shall be forwarded to him by post as soon as reasonably possible. (5) Except as provided in subclause (6) of Clause 14.—Contract of Service, no deduction shall be made from an employee's wage unless the worker has authorised such deduction in writing. 17. Clause 23.—Definitions: Delete subclause (11) of this clause and add the following new subclauses: (11) "Hand Power Mower Operator" means an employee whose principal duties consist of the operation and daily maintenance of a motor powered walk mower. (12) "Motive Power Mower Operator" means an employee whose principal duties consist of the operation and daily maintenance of self propelled mowers of the ride on type. (13) "Part-time employee" means an employee engaged on a weekly contract of service for less ordinary hours per week than those prescribed. (14) "Casual Employee" means an employee engaged for less than one week. 18. Clause 24.—Saturday and Sunday: Delete this clause and insert the following in lieu: 24.—Saturday and Sunday Time. (1) All ordinary time worked between midnight on Friday and midnight on Saturday shall be paid at the rate of time and a half. (2) All ordinary time worked on a Sunday shall be paid at the rate of double time. 19. After Clause 24.—Saturday and Sunday Time, add the following new clauses: 25.—Uniforms, Protective Clothing and Equipment. (1) Where the employer requires an employee to wear a uniform for his work the same shall be supplied by the employer. (2) Goggles, safety helmets, climbing boots, respirators, oilskins, gumboots, sou'westers and suitable gloves and any other such clothing and 65 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. equipment deemed necessary by the employer shall be supplied to employees covered by this award where the nature of the employment is such as to warrant their respective use. (3) The Uniform, Protective Clothing and Equip- ment issued pursuant to this clause shall remain the property of the employer and shall be replaced on a fair wear and tear basis. 26.—Compassionate Leave. (1) (a) An employee shall on the death within Australia of a spouse, de facto spouse, parent, brother, sister, child, step-child, be entitled to leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary working days. Proof of such death shall be furnished by the employee to the satisfaction of his employer. (b) Provided that payment in respect of com- passionate leave is to be made only where the employee otherwise would have been on duty and shall not be granted where the employee concerned would have been off duty in accordance with his roster or on long service leave, annual leave, sick leave, workers' compensation, leave without pay or on a public holiday. 27.—Right of Entry. (1) On notifying the officer in charge, any officer of the union, authorised in writing by the President and Secretary of such Union, shall be permitted to interview an employee on the business premises of his employer during the recognised meal break or outside ordinary working hours, but this permission shall not be exercised without the consent of the employer. (2) In the case of a disagreement existing or anti- cipated concerning any of the provisions of this award the secretary or any duly authorised repre- sentative, on gaining approval of the employer or his representative, shall be permitted to enter the business premises of the employer to view the work the subject of any such disagreement but shall not unduly interfere with work in progress. 28.—Part-Time Employees. (1) Employees may be regularly employed to work less hours per week than are prescribed in Clause 5.—Hours of this Award. (2) Subject to subclause (3) of this clause payment shall be a weekly rate calculated pro rata to the class of work on which the employee is engaged in the proportion which the hours of work bears to 38. (3) Part-time employees who are regularly employed for less than 12 hours per week may be paid a further loading of 20 per cent in lieu of sick leave, annual leave and public holidays. 29.—Liberty to Apply. Liberty is reserved to the Union in respect of: (1) Rates for cleaning North and South lake and an additional allowance for the disposal of offensive rubbish. (2) First aid allowance. Schedule "B" Award No. 29 of 1969. 1.—Title. This award shall be known as the' 'Zoological Gardens Employees" award 1969 and shall replace No. 6 of 1966 as amended, in so far as that award applies to the Zoological Gardens Board. 2. —Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Term. 5. Hours. 6. 38 Hour Week : Rostered Day Off. 7. Roster. 8. Overtime. 9. Meals. 10. Wages. 11. Annual Leave. 12. Public Holidays. 13. Long Service Leave. 14. Contract of Service. 15. Time and Wages Book. 16. Posting Award. 17. Sick Leave. 18. Higher Duties. 19. Travelling Time. 20. General Provisions. 21. Payment of Wages. 22. Maternity Leave. 23. Definitions. 24. Saturday and Sunday Time. 25. Uniforms, Protective Clothing and Equipment. 26. Compassionate Leave. 27. Right of Entry. 28. Part-Time Employees. 29. Liberty to Apply. 3.—Area and Scope. This award shall apply to workers employed by the Zoological Gardens Board in the callings mentioned in Clause 10.—Wages of this award. 4.—Term. This award shall remain in force for a period ol three years from the date hereof. 5.—Hours. (1) (a) Except as otherwise provided in this clause, the ordinary hours of work shall not exceed 38 per week and shall be worked between the hours of 7.00 a.m. and 5.00 p.m. Monday to Friday. (b) Ordinary hours shall be worked within a 20 day cycle of eight hours on the first 19 days in each cycle with 0.4 of one hour of each such day worked accruing as an entitlement to take the 20th day in each cycle as a paid day off as though worked. (2) (a) The ordinary hours of work for rostered employees shall not exceed an average of 38 per week over a roster cycle and shall be worked between the hours of 7.00 a.m. and 5.00 p.m. on any of the seven days of the week. (b) The length of the cycle during which the ordinary hours may be worked to give an average of 38 shall be determined by agreement between the employer and the union or failing agreement by a Board of Reference. (c) Rostered employees shall be entitled to 12 paid days' off in every 12 months in accordance with sub- clause (4) of Clause 6.—38 Hour Week : Rostered Day Off. (3) Each employee referred to in subclause (2) of this clause shall, in every seven consecutive days, be granted two days off duty, provided that this subclause shall be deemed to be complied with if the employee is granted the equivalent of six days off duty in every period of three weeks. 6.—38 Hour Week : Rostered Day Off. (1) The rostered day off provided for in subclauses (1) and (2) of Clause 5.—Hours of this award, shall be observed to suit the circumstances of the Zoological Gardens Board. Subject to subclause (3) of this clause, the rostered day off will normally be the first or last working day of the working week. 506 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 65 W.A.I.G. (2) The calendar year will be divided into 13, 20 day work cycles. During the year employees will be required to take one period of their annual leave to include the rostered day off duty for that particular work cycle. There will be no additional pay or leave in lieu of that rostered day off. Keepers who have additional leave in lieu will only lose one rostered day off duty while on annual leave. (3) Where to meet the needs of the Board, an employee is required to work on his rostered day off as provided for in subclause (1) or (2) of Clause 5.—Hours of this award that employee will be re-rostered for another day off duty within 10 working days. The re-rostered day will be the first or last working day of the working week unless another day is agreed between the Board and the employee. (4) Keepers who work a three week roster will be rostered off duty on three occasions in a 12 week cycle. The rostered days off shaU be on a Friday preceding the normal rostered weekend off duty and shall occur after three weeks, three weeks and six weeks. (5) The employer is responsible for the preparation and maintenance of the roster. (6) There will be no rostered day off duty applicable to employees whilst on long service leave nor any credit accumulated for such periods of leave. (7) Where an employee is rostered off duty on a particular day, he will not be entitled to claim either sick leave or compassionate leave in substitution for the rostered day off. (8) An employee on workers' compensation: (a) For a period of less than one complete 20 day work cycle shall accrue time off towards and be paid for the succeeding day off. (b) For periods of one or more complete 20 day work cycles shall not accrue time off towards a rostered day off. (c) For a period of less than one complete 20 day work cycle and a rostered day off falls within the period, the employee will not be re-rostered for an additional day off. (9) A dispute concerning rosters shall be referred to a meeting of the Board and the Union. 7.—Roster. (1) The employer shall cause to be prepared and exhibited a roster or rosters showing — (a) the name of each employee (b) the days and hours over which each employee shall be required to perform his ordinary hours of work. (2) Separate rosters shall be prepared and exhibited for each group of employees employed by the employer. (3) A roster may be altered at any time by the employer subject to the following:— (a) Seven days' notice in respect to days on which work is to be performed. (b) 48 hours' notice in respect to hours of work on a rostered day. Notwithstanding the foregoing a roster may be altered by the giving of a lesser period of notice prescribed above where the employer and employee so agree. 8.—Overtime. (1) Except as provided in subclause (2) of this clause all time worked in excess of eight hours each day or outside the usual hours of work or, in the case of rostered employees in excess of eight hours each day or outside the rostered hours of work shall be overtime and paid for at the rate of time and one half for the first two hours and double time thereafter. (2) All time worked on Saturdays or Sundays other than by employees rostered to work ordinary hours on those days shall be paid as follows:— (a) Prior to 12.00 noon on Saturdays at the rate of time and one half for the first two hours and double time thereafter. (b) After 12.00 noon on Saturdays at the rate of double time. (c) On Sundays at the rate of double time. (3) Where, to meet the needs of the Board, an employee is required to work on his rostered day off as provided for in subclauses (1) and (2) of Clause 5.— hours of this award, no overtime will be paid. (4) The foregoing provisions of this clause shall not apply to casual employees who shall be paid at the rate of time and one half for the first two hours and double time thereafter for all time worked in excess of eight hours in any day or night. (5) (a) An employee required to work continuous overtime for more than one and a half hours shall be supplied with a meal by the employer or be paid $3.80 for a meal, and if, owing to the amount of overtime worked, a second or subsequent meal is required he shall be supplied with each such meal by the employer or be paid $2.65 for each meal so required. (b) The provisions of paragraph (a) of this subclause do not apply:— (i) in respect of any period of overtime for which the employee has been notified on the previous day or earlier that he will be required; or (ii) to any employee who lives in the locality in which the place of work is situated in respect of any meal for which he can reasonably go home; or (iii) where the overtime worked is outside the customary meal time. (c) If an employee provides himself with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, he shall be paid, for each meal provided and not required, the appropriate amount described in paragraph (a) of this subclause. (6) (a) The employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements. (b) The union or employee or employees covered by this award shall not in any way, whether directly or indirectly, be party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirement of this subclause. (7) An employee called back to work after the normal working time without prior notice shall be paid a mini- mum of three hours at the appropriate overtime rates. 9.—Meals. (1) Each employee shall be allowed an unpaid meal break of one hour each day between the hours of 11.30 a.m. and 2.00 p.m. (2) If when the meal time customary in the industry arrives, an employee is required to continue working and his meal interval is thereby deferred, he shall be paid at overtime rates until he gets a meal interval of the custo- mary duration. Provided that if the continuance of work is reasonably necessary and could not have been avoided by any reasonable action by the employer, the employer shall be allowed time not exceeding 20 minutes before such penalty rate begins to accrue. 10.—Wages. An employer on whom this award is binding shall not increase the rate of wage payable to an employee on 24 December 1983, or otherwise vary the conditions of employment applicable to an employee on that date so as 65 W.A.l.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. to increase that employer's labour costs except to the extent that any such increase has been authorised by the Commission, after that date. (1) The minimum total rate of wage payable under this award shall be as follows: Section Keeper: $ 1st year of employment 301.60 2nd year of employment 304.90 Thereafter 308.10 Keeper — Grade 1: $ 1st year of employment 292.40 2nd year of employment 295.60 Thereafter 298.90 Keeper — Grade 2 Minimum: $ 1st year of employment 269.70 2nd year of employment 273.00 Thereafter 276.20 Keeper — Grade 2 Maximum: $ 1st year of employment 277.30 2nd year of employment 280.50 Thereafter 283.80 Horticulturist: $ 1st year of employment 307.90 2nd year of employment 312.50 Thereafter 316.40 Ground Attendant — Grade 1: $ 1st year of employment 273.80 2nd year of employment 277.10 Thereafter 280.30 Ground Attendant — Grade 2: $ 1st year of employment 268.00 2nd year of employment 271.20 Thereafter 274.50 Senior Gardener: $ 1st year of employment 288.50 2nd year of employment 291.60 Thereafter 294.90 Gardener — Grade 1: $ 1st year of employment 270.80 2nd year of employment 274.10 Thereafter 277.30 Gardener — Grade 2: $ 1st year of employment 266.90 2nd year of employment 270.10 Thereafter 273.40 Motive Power Motor Operator: $ 1st year of employment 281.50 2nd year of employment 284.50 Thereafter 288.(X) Hand Power Motor Operator: $ 1st year of employment 265.40 2nd year of employment 268.60 Thereafter 271.90 Senior Maintenance Man: $ 1st year of employment 290.20 2nd year of employment 293.40 Thereafter 296.60 Maintenance Man — Minimum: $ 1st year of employment 274.20 2nd year of employment 277.40 Thereafter 280.70 Maintenance Man — Maximum: $ 1st year of employment 278.50 2nd year of employment 281.80 Thereafter 284.90 (2) All employees called upon to clean toilet closets shall receive an allowance of 36 cents per closet per week and for these purposes, one metre of urinal shall count as one closet and three urinal stalls shall count as one closet. All employees shall be supplied with rubber gloves on request. (3) Casual employees shall be paid 20 per cent in addition to the rates otherwise payable under this award. 11.—Annual Leave. (1) Except as hereinafter provided a period of four consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to an employee by his employer after a period of 12 months' continuous service with such employer. (2) "Ordinary wages" for an employee shall mean the rate of wages the employee has received for the greatest proportion of the calendar month prior to his taking the leave. (3) If after one month's continuous service in any qualifying 12 monthly period, an employee lawfully leaves his employment or his employment is terminated by the employer through no fault of the employee, the employee shall be paid 2.92 hours' pay at the rate of wage prescribed in subclause (2) of this clause in respect of each completed week of continuous service in that qualifying period. (4) Annual leave accumulated to an employee as at 7 November 1983 shall be adjusted in hours in the ratio of 38 to 40. (5) In addition to any payment to which he may be entitled under subclause (3) of this clause, an employee whose employment terminates after he has completed a 12 monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period shall be given payment as pre- scribed in subclauses (2) and (9) of this clause in lieu of that leave unless: (a) he has been justifiably dismissed for miscon- duct; and (b) the misconduct for which he has been dismissed occurred prior to the completion of that qualifying period. (6) An employee may be rostered off and granted annual leave with payment of ordinary wages as pre- scribed in subclauses (2) and (9) of this clause prior to his having completed a period of 12 months' continuous service, in which case should the services of such employee terminate or be terminated prior to the com- pletion of 12 months' continuous service, the said employee shall refund to the employer the difference between the amount received by him for wages in respect of the period of his annual leave and' the amount which would have accrued to him by reason of the length of his service up to the date of the termination of his services. (7) (a) When computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the period that an employee is on annual leave, long service leave and/or holidays. Provided that no deduction shall be made for any approved period an employee is absent from duty through sickness, with or without pay, unless the absence exceeds three calendar months, in which case deduction may be made for such excess only. (b) Approved periods of absence from work caused through accident sustained in the course of employment shall not be considered breaks in continuity of service, but the first six months only of any such period shall count as service for the purpose of computing annual leave. (8) When work is closed down for the purpose of allowing annual leave to be taken, employees with less than a full year's service shall only be entitled to payment during such period for the number of days leave due to them. Provided that nothing herein contained shall deprive the employer of his right to retain such employees during the close down period as may be required. (9) (a) An employee proceeding on annual leave shall be paid in addition to the ordinary payment for such leave, a wage loading of 17.5 per cent calculated on the rate of wage prescribed by subclause (2) of this clause. (b) The loading prescribed by this subclause shall not apply to proportionate leave on termination. 508 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 65 W.A.I.G. (10) The provisions of this clause shall apply to part- time employees on a pro rata basis in the same propor- tion as the number of hours worked each week bears to 38. (11) The provisions of this clause shall not apply to casual employees. (12) Notwithstanding the foregoing provisions of this clause, the following provisions shall apply to rostered employees. (a) Subject to the provisions of this subclause a period of six consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to an employee by his employer after a period of 12 months' con- tinuous service with that employer. (b) If after one month's continuous service in any qualifying 12 monthly period an employee leaves his employment or his employment is terminated by the employer through no fault of the employee, the employee shall be paid 4.38 hours' pay at the rate of wage prescribed in subclause (2) of this clause in respect of each completed week of continuous service. 12.—Public Holidays. (1) (a) The following days, or the days observed in lieu shall, subject as hereinafter provided, be allowed as holidays without deduction of pay, namely: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties, in lieu of any of the days named in the subclause. (b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday, and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. (2) Whenever any of the days referred to in subclause (1) of this clause falls on an employee's ordinary working day and the employee is not required to work on such day he shall be paid for the ordinary hours he would have worked on such day had it not been a holiday. (3) An employee required to work on a day referred to in subclause (1) of this clause shall be paid for the time worked at the rate of double time and a half. Provided that in lieu of the foregoing provisions of this paragraph and subject to agreement between the employer and the employee, work performed on a Public Holiday may be paid for at the rate of time and one half and the employee shall, in addition be allowed a day's leave with pay to be added to his annual leave or on a day mutually acceptable to the employer and the employee. (4) When an employee is off duty owing to leave without pay or sickness, including accidents on or off duty, except time for which he is entitled to claim sick pay, any holiday falling during such absence shall not be treated as a paid holiday. Where the employee is on duty or available on the working day immediately preceding a holiday, or resumes duty or is available on the working day immediately following a holiday, as prescribed in this clause, the employee shall be entitled to a paid holiday on all such holidays. (5) The provisions of this clause shall not apply to rostered employees who shall work public holidays in the course of their normal rostered duty. (6) A casual employee shall not be entitled to payment for any holiday referred to in this clause. 13.—Long Service Leave. (1) The conditions governing the granting of long service leave to Government wages employees generally shall apply to employees covered by this award. (2) Long Service Leave accumulated to an employee as at 7 November 1983 shall be adjusted in hours in the ratio of 38 to 40. 14.—Contract of Service. (1) Except in the case of a casual worker the contract of hiring of every worker shall be a weekly contract terminable by one week's notice on either side, given on any working day, or in the event of such notice not being given by the payment of one week's pay by the employer or the forfeiture of one week's pay by the worker. (2) The engagement of a casual worker may be terminated at any time without notice. Provided that all wages due to him shall be paid immediately upon the termination of his engagement. (3) An employee shall not be entitled on termination or dismissal, to payment for time accrued towards a rostered day off in accordance with subclause (1) or (2) of Clause 15.—Hours of this award. (4) Nothing in this clause shall prevent an employer from dismissing an employee at any time for misconduct and, in such cases, wages shall be paid up to the time of dismissal only. (5) The employer shall be under no obligation to pay for any day, or portion of a day, not worked upon which the employee is required to present himself for duty, except where such absence from work is due to illness coming within the provisions of Clause 16.—Sick Leave or is on account of holidays to which the employee is entitled under this Award. (6) (a) An employer is entitled to deduct payment for any day or portion of a day on which an employee cannot be usefully employed because of a strike by the Union or by any other union or association or through the break- down of the employers machinery or through any stoppage of work by any cause which the employer cannot reasonably prevent. (b) Where wages are calculated in advance of the accrual period and the employee has been paid for time for which he is not entitled under paragraph (a) of this subclause, the amount to which he is not entitled may be deducted from the first possible subsequent pay of the employee concerned. 15.—Time and Wages Book. (1) The employer shall keep or cause to be kept a time book and wages sheet, in either of which shall be entered — (a) the name of each employee to whom this award applies; (b) the nature of the work performed; (c) the hours worked each day; (d) the wages and overtime (if any) paid to each employee. Any system of automatic recording by means of machine shall be deemed to comply with this provision to the extent of the information recorded. (2) Employees shall record their starting and finishing times per shift in the time book or sheet, and shall sign the wages sheet on receipt of their wages. (3) The time book or sheet with all entries therein, shall on demand be produced for inspection by the secretary or duly authorised official of the union at any reasonable time during the day. The wages sheet shall be similarly produced on demand during ordinary office hours. 16.—Posting Award. A copy of this award shall be posted in a suitable place on the premises of the employer. 65 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 509 17.—Sick Leave. (1) (a) An employee shall be entitled to payment for non attendance on the grounds of personal ill health or injury for one-sixth of a week's pay for each completed month of service. (b) Payment hereimder may be adjusted at the end of each accruing year, or at the time the employee leaves the service of the employer, in the event .of the employee being entitled by service subsequent to the sickness in that year to a greater allowance than that made at the time the sickness occurred. (2) The unused portion of the entitlement prescribed in subclause (1) (a) of this clause in any accruing year shall be allowed to accumulate and may be availed of in the next or any succeeding year. (3) Sick leave accumulated to an employee as at 7 November 1983 shall be adjusted in hours in the ratio of 38 to 40. (4) In order to acquire entitlement to payment in accordance with this clause, the employee shall, as soon as reasonably practicable advise the employer of his inability to attend for work, the nature of his illness or injury and the estimated duration of the absence. Pro- vided that such advice other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence. (5) No employee shall be entitled to the benefit of this clause unless he produces proof to the satisfaction of the employer or his representative of such sickness, provided that the employer shall not be entitled to a medical certificate for absences of less than three consecutive working days unless the total of such absences exceeds five days in any one accruing year. (6) (a) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when he is absent on annual leave and an employee may apply for and the employer shall grant, paid sick leave in place of paid annual leave. (b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecutive days or more and he produces a certificate from a registered medical practitioner that he was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if he is unable to attend for work on the working day next following his annual leave. (c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time he proceeded on annual leave and shall not be made with respect to fractions of a day. (d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of annual leave or, if termina- tion occurs before then, be paid for in accordance with the provisions of Clause 11.—Annual Leave. (7) The provisions of this clause with respect to pay- ment do not apply to employees who are entitled to pay- ment under the Workers' Compensation and Assistance Act 1981 nor to employees whose illness or injury is the result of the employee's own misconduct. (8) The provisions of this clause do not apply to casual employees. 18.—Higher Duties. (1) Subject to subclause (2) of this clause, an employee called upon to perform work carrying a higher minimum rate of pay than his regular pay for two hours in any day shall be paid such higher minimum for the whole of that day. Provided that the acting time of less than two hours in any one shift shall not be counted. (2) An employee shall not be entitled to the payment prescribed in subclause (1) of this clause when required to perform work carrying a higher minimum rate of pay than his regular pay when the permanent occupant is on a rostered day off as provided for in subclauses (1) and (2) of Clause 5.—Hours of this award. 19.—Travelling Time. Where a worker is sent to work from an employer's recognised place of business, the employer shall pay all travelling time from such place of business to the job, and if the worker is required to return the same day to the employer's place of business, the employer shall pay travelling time to the place of business. 20.—General Provisions. (1) Suitable dressing accommodation shall be provided by the employer where workers may change their clothes. Tools and appliances shall not be kept in the dressing room. (2) All workers shall be provided with facilities for boiling water. (3) Workers shall be permitted to eat their meals in a convenient and clean place, protected from the weather, and each such worker shall remove all litter and food- stuff after use. (4) All materials, appliances and tools required in connection with the performance of the worker's duties shall be supplied to such worker by the employer without charge. 21.—Payment of Wages. (1) Wages shall be paid weekly or fortnightly at the option of the employer. (2) Accompanying each payment of wages shall be a statement setting out details of the wages. (3) Payment may be made in cash or by cheque at the discretion of the employer. (4) An employee who lawfully leaves his employment or is dismissed for reasons other than misconduct shall be paid all moneys owing to him before he leaves the establishment or the same shall be forwarded to him by post as soon as reasonably possible. (5) Except as provided in subclause (6) of Clause 14.— Contract of Service, no deduction shall be made from an employee's wage unless the worker has authorised such deduction in writing. 22.—Maternity Leave. (1) Eligibility for Maternity Leave: A worker who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confine- ment, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer immediately preceding the date upon which she proceeds upon such leave. For the purposes of this clause: (a) A worker shaU include a part-time worker but shall not include a worker engaged upon casual or seasonal work. 510 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. (b) Maternity leave shall mean unpaid maternity leave. (2) Period of Leave and Commencement of Leave. (a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an un- broken period of from 12 to 52 weeks and shall include a period of six weeks' compulsory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement. (b) A worker shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement. (c) A worker shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to commence maternity leave, stating the period of leave to be taken. (d) A worker shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date. (3) Transfer to a Safe-Job: Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the worker make it inadvisable for the worker to continue at her present work, the worker shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave. If the transfer to a safe job is not practicable, the worker may, or the employer may require the worker to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof. (4) Variation of Period of Maternity Leave. (a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened. (b) The period of leave may, with the consent of the employer, be shorted by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened. (5) Cancellation of Maternity Leave. (a) Maternity leave, applied for but not commenced, shall be cancelled when the preg- nancy of a worker terminates other than by the birth of a living child. (b) Where the pregnancy of a worker then on maternity leave terminates other than by the birth of a living child, it shall be the right of the worker to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the worker to the employer that she desires to resume work. (6) Special Maternity Leave and Sick Leave. (a) Where the pregnancy of a worker not then on maternity leave terminates after 28 weeks other than by the birth of a living child then — (i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as neces- sary before her return to work, or (ii) for illness other than the normal conse- quences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly qualified medical prac- titioner certifies as necessary before her return to work. (b) Where a worker not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as neces- sary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks. (c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave. (d) A worker returning to work after the comple- tion of a period of leave taken pursuant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the worker is qualified and the duties of which she is capable of performing, she shall be entitl- ed to a position as nearly comparable in status and salary or wage to that of her former position. (7) Maternity Leave and Other Leave Entitlements: Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks. (a) A worker may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled. (b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to a worker during her absence on maternity leave. (8) Effect of Maternity Leave on Employment: Not- withstanding any award, or other provision to the contrary, absence on maternity leave shaD not break the continuity of service of a worker but shall not be taken into account in calculating the period of service for any purpose of the award. (9) Termination of Employment. (a) A worker on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award. (b) An employer shall not terminate the employ- ment of a worker on the grounds of her preg- nancy or of her absence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected. (10) Return to Work After Maternity Leave. (a) A worker shall confirm her intention of returning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave. (b) A worker, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of a worker who was trans- 65 W.A.l.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. ferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the worker is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position. (11) Replacement Workers. (a) A replacement worker is a worker specifically engaged as a result of a worker proceeding on maternity leave. (b) Before an employer engages a replacement worker under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the worker who is being replaced. (c) Before an employer engages a person to replace a worker temporarily promoted or transferred in order to replace a worker exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the worker who is being replaced. (d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement worker. (e) A replacement worker shall not be entitled to any of the rights conferred by this clause except where her employment continues beyond the 12 months' qualifying period. 23.—Definitions. (1) "Section Keeper" means a worker appointed as such by the employer. (2) "Keeper Grade I" means a worker appointed as such who may be required to relieve a Section Keeper for all absences less than one week. (3) "Keeper Grade II" means a worker whose princi- pal duties shall consist in caring for any animal (i.e. mammals, birds, fish, amphibians and reptiles). (4) "Ground Attendant Grade I" means a worker who is substantially employed in the care of tennis courts, and lawns and is required to mark out and maintain playing fields. (5) "Ground Attendant Grade II" means a worker who may be required to clean toilets, remove litter and refuse from lawns, paths, roads or other areas or receptacles and dispose of animal carcasses. (6) "Senior Gardener" means a worker appointed as such. (7) "Gardener Grade I" means a worker whose principal duties consist in tending a plant nursery, or garden or portion of a garden, who in the opinion of the employer has qualified himself for this grading. (8) "Gardener Grade 11" means a worker whose principal duties shall consist in tending a garden or portion of a garden. (9) "Senior Maintenance Man" means a worker appointed as such, who may be required to relieve the Maintenance Foreman for all absences of less than one week. (10) "Maintenance Man" means a worker whose principal duties consist in repairs and maintenance to any buildings, fitments or equipment. (11) "Hand Power Mower Operator" means an employee whose principal duties consist of the operation and daily maintenance of a motor powered walk mower. (12) "Motive Power Mower Operator" means an employee whose principal duties consist of the operation and daily maintenance of self propelled mowers of the ride on type. (13) "Part-time employee" means an employee engaged on a weekly contract of service for less ordinary hours per week than those prescribed. (14) "Casual Employee" means an employee engaged for less than one week. 24.—Saturday and Sunday Time. (1) All ordinary time worked between midnight on Friday and midnight on Saturday shall be paid at the rate of time and a half. (2) All ordinary time worked on a Sunday shall be paid at the rate of double time. 25.—Uniforms, Protective Clothing and Equipment. (1) Where the employer requires an employee to wear a uniform for his work the same shall be supplied by the employer. (2) Goggles, safety helmets, climbing boots, respira- tors, oilskins, gumboots, sou'westers and suitable gloves and any other such clothing and equipment deemed necessary by the employer shall be supplied to employees covered by this award where the nature of the employ- . ment is such as to warrant their respective use. (3) The Uniform, Protective Clothing and Equipment issued pursuant to this clause shall remain the property of the employer and shall be replaced on a fair wear and tear basis. 26.—Compassionate Leave. (1) (a) An employee shall on the death within Australia of a spouse, de facto spouse, parent, brother, sister, child, stepchild, be entitled to leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary working days. Proof of such death shall be furnished by the employee to the satisfaction of his employer. (b) Provided that payment in respect of compassio- nate leave is to be made only where the employee otherwise would have been on duty and shall not be granted where the employee concerned would have been off duty in accordance with his roster or on long service leave, annual leave, sick leave, workers' compensation, leave without pay or on a public holiday. 27.—Right of Entry. (1) On notifying the officer in charge, any officer of the union, authorised in writing by the President and Secretary of such Union, shall be permitted to interview an employee on the business premises of his employer during the recognised meal break or outside ordinary working hours, but this permission shall not be exercised without the consent of the employer. (2) In the case of a disagreement existing or antici- pated concerning any of the provisions of this award the secretary or any duly authorised representative, on gaining approval of the employer or his representative, shall be permitted to enter the business premises of the employer to view the work the subject of any such disagreement but shall not unduly interfere with work in progress. 28.—Part-Time Employees. (1) Employees may be regularly employed to work less hours per week than are prescribed in Clause 5.—Hours of this Award. (2) Subject to subclause (3) of this clause payment shall be a weekly rate calculated pro rata to the class of work on which the employee is engaged in the proportion which the hours of work bears to 38. (3) Part-time employees who are regularly employed for less than 12 hours per week may be paid a further loading of 20 per cent in lieu of sick leave, annual leave and public holidays. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 512 29.—Liberty to Apply. Liberty is reserved to the Union in respect of: (1) Rates for cleaning North and South lake and an additional allowance for the disposal of offensive rubbish. (2) First aid allowance. Applicant. Zoological Gardens Board. Dated at Perth this 5th day of December 1969. AWARDS — Application for variation of — no variation resulting — CLERKS (Wholesale and Retail Establishments). Award No. 38 of 1947. BEFORE THE