Cultural Centre Award 1987

1. - TITLE

This award shall be known as the Cultural Centre Award 1987 and replaces the Museum Attendants Award 1980 and the Art Gallery Attendants and Groundsmen Award 1980.

1B. - MINIMUM ADULT AWARD WAGE

(1) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise

provided by this clause.

(2) The minimum adult award wage for full-time employees aged 21 or more is $607.10 per week payable

on and from the commencement of the first pay period on or after 1 July 2011.

(3) The minimum adult award wage is deemed to include all State Wage order adjustments from State

Wage Case Decisions.

(4) Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece

workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the

percentage prescribed in the junior rates provision in this award to the minimum adult award wage.

(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or

Jobskill placements or employed under the Commonwealth Government Supported Wage System or to

other categories of employees who by prescription are paid less than the minimum award rate, provided

that no employee shall be paid less than any applicable minimum rate of pay prescribed by the

Minimum Conditions of Employment Act 1993.

(7) Liberty to apply is reserved in relation to any special category of employees not included here or

otherwise in relation to the application of the minimum adult award wage.

(8) Subject to this clause the minimum adult award wage shall –

(a) Apply to all work in ordinary hours.

(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments

during any period of paid leave and for all purposes of this award.

(9) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more

payable under the 2011 State Wage order decision. Any increase arising from the insertion of the

minimum wage will be offset against any equivalent amount in rates of pay received by employees

whose wages and conditions of employment are regulated by this award which are above the wage

rates prescribed in the award. Such above award payments include wages payable pursuant to

enterprise agreements, consent awards or award variations to give effect to enterprise agreements and

over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles,

excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(10) Adult Apprentices

(a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not

be paid less than $525.70 per week on and from the commencement of the first pay period on

or after 1 July 2011.

(b) The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on

superannuation and during any period of paid leave prescribed by this award.

(c) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the

ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual

year of apprenticeship.

(d) Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult

apprentice in force immediately prior to 5 June 2003.

2. - ARRANGEMENT

1. Title

1B. Minimum Adult Award Wage

2. Arrangement

3. Area and Scope

4. Term

5. Definitions

6. Contract of Employment

7. Hours

8. Overtime

9. Shift and Weekend Work

10. Conditions and Allowances

11. Public Holidays

12. Annual Leave

13. Sick Leave 14. Long Service Leave

15. Special Rates and Provisions

16. Wages

17. Higher Duties

18. Part Time Employees

19. Uniforms

20. Liberty to Apply

Appendix - Resolution of Disputes Requirement

3. - AREA AND SCOPE

This award shall apply throughout the state of Western Australia to employees employed by the named

respondents in the callings set out in Clause 16. - Wages, of this award.

4. - TERM

The term of this award shall be for a period of 12 months from the 23rd day of May, 1989.

5. - DEFINITIONS

(1) (a) "Security Officer" shall mean an employee appointed as such whose duties include ensuring

the security of the building.

(b) "Attendant Supervisor" shall mean an employee appointed as such in the metropolitan area

whose duties include supervision and direction of employees.

(c) "Assistant Supervisor" shall mean an employee appointed as such whose duties include

supervision, direction of employees, and responsibility for the relief of Attendant Supervisors

as required.

(d) "Attendant" shall mean an employee appointed as such whose duties include cleaning

buildings and performing attendant duties.

(e) "Cleaner" shall mean an employee appointed as such employed in cleaning work of any

description (including glass partitions and windows) on premises, or in bringing into or

maintaining premises in a clean condition.

(f) "Installation Supervisor" shall mean an employee appointed as such whose duties involve

supervision and assistance of employees in their handling of art and preparing galleries for exhibitions.

(g) "Installation Assistant" shall mean an employee appointed as such whose duties include

handling works of art under direction and preparing galleries for exhibitions.

(h) "Leading Hand" means an employee who is given by the employer, or his/her agent, the

responsibility of directing and/or supervising the work of other persons, or in the case of only

one person, the responsibility of directing and/or supervising the work of that person.

(i) "Groundskeeper" shall mean an employee appointed as such whose duties include keeping

external areas in a neat and clean condition, assisting in minor maintenance work and driving

duties as required.

(j) "Receptionist Attendant" shall mean a person employed by the Museum whose duties include

patrolling and security of galleries and museum buildings, directing the public, sale of

publications, cleaning of museum premises (including toilets), moving of displays and

furniture.

(k) "Audio Visual" shall mean, for the purpose of audio visual equipment currently used in the

workplace(s), a 16mm projector.

(l) "Regional Attendant" shall mean a person employed by the Art Gallery of W.A. in regional

areas whose duties include the patrolling and security of galleries, cleaning of buildings,

directing the public, preparation of galleries for exhibition, handling of art works, assistance

with school groups, locking up, administrative and supervisory duties as required.

(2) "Casual Employee" shall mean an employee appointed as such who is engaged to work for less than

one month.

(3) "Continuous Shift Employee" shall mean an employee who may be rostered to work a day, afternoon

or night shift on any of the seven days of the week.

(4) "Seven Day Rostered Employee" means an employee who is rostered to work regularly on weekends

and public holidays as well as any other day of the week.

(5) "Part Time Employee" means an employee who is rostered to work fixed hours on any five of the

seven days of the week and who regularly works a lesser number of hours than 38 per week. Provided

that the minimum engagement of such an employee is no less than an average of 15 hours per week.

(6) "Accrued Day(s) Off" means the paid day(s) off accruing to an employee resulting from an entitlement

to the 38 hour week as prescribed in Clause 7. - Hours of this award.

(7) "Employer" shall mean the Library Board of Western Australia or the Trustees of the Western

Australian Museum or the Board of the Art Gallery of Western Australia.

(8) "Union" shall mean The Federated Miscellaneous Workers' Union of Australia, Hospital, Service &

Miscellaneous W.A. Branch.

6. - CONTRACT OF SERVICE

(1) An employee shall not leave the service of the employer except upon the expiry of 14 day's notice of

his/her intention to do so, given in writing to the employer by the employee, unless the employer

otherwise approves.

(2) An employee shall not be terminated from the service of the employer except upon the expiry of 14

day's notice of dismissal given in writing to the employee by the employer and the reasons for

termination shall be stated in that notice.

(3) In lieu of giving the notices as prescribed in subclauses (1) and (2) of this clause the employer may pay, or the employee forfeit, one fortnight's payment as the case may be.

(4) The provisions of subclause (2) of this clause do not apply with respect to an employee who is

dismissed summarily.

(5) The provisions of subclauses (1), (2), (3) and (4) of this clause do not apply to a casual employee.

(6) (a) All casual employees shall be entitled to payment for a minimum engagement period of two

hours.

(b) All casual employees shall be notified by the employer, or the employer's representative, on

their engagement of the expected duration of their period of employment and the nature of

their contract of service.

(c) Subject to paragraph (a) hereof the engagement of a casual employee may be terminated at

any time and all wages due shall be paid at the termination of such engagement or as soon as

practicable thereafter.

(7) An employer may direct an employee to carry out such duties as are within the limits of the employees

skill, competence and training, including work which is incidental or peripheral to the employee's main

tasks or functions.

7. - HOURS

(1) Subject to the provisions of this clause the ordinary hours of duty shall be 38 hours per week with the

hours actually worked being 40 per week to be worked eight hours per day on any five days of the

week. The rostered ordinary hours shall be worked with two hours of each week's work accruing as an

entitlement to a maximum of 12 accrued days off in each 12 month period. The accrued days off shall

be taken as follows:

(a) As 12 consecutive days in conjunction with a period of annual leave as prescribed in Clause

12. - Annual Leave; or

(b) By agreement between the employer and employee as an entitlement to take the 20th day within a 20 day cycle as a paid day off as though worked.

(c) Where it is agreed between the employer and the Union in writing then an alternative

arrangement may exist in respect of this subclause.

(2) Notwithstanding subclause (4) of this clause the ordinary hours of work shall be rostered on any five

days of the week and shall provide for at least two consecutive days off in each fortnightly period for

each employee. Provided that each shift and rostered employee is rostered off duty on a weekend at

least once in each calendar month.

(3) Except as hereinafter provided, the ordinary hours shall be worked between the hours of 6.30 a.m. and

7.00 p.m. provided that the actual working hours can only be varied by written agreement between the

employer, the employees and their Union.

(4) The ordinary hours of employees who work continuous shift work, may be worked at any time of the

day or night.

(5) (a) Employees, other than continuous shift employees, shall be entitled to an unpaid meal break of

not less than 30 minutes and not more than one hour each day. Any employee required to

work for more than five consecutive hours without a meal break shall be paid at overtime rates

until the meal break is allowed.

(b) Where it is agreed between the employer and the Union in writing then an alternative arrangement may exist in respect of this subclause.

(6) Continuous shift employees shall be entitled to a paid meal break of 30 minutes provided that they shall

be available to respond to urgent work requirements during that period.

(7) The ordinary working hours of employees shall be set out on a roster. The roster shall not be altered

unless two weeks' notice of such alteration is given to the employee or employees concerned. Work

performed outside the hours notified shall be paid for at overtime rates in accordance with Clause 8. -

Overtime, except in cases of emergency or staff illness or accident which prevent such notification.

(8) The provisions of this clause apply to a part time employee in the same proportion as the hours

normally worked bear to a full time employee.

8. - OVERTIME

(1) (a) The provisions of this subclause apply to all employees other than those engaged on

continuous shift work.

(b) All time worked in excess of or outside of the rostered ordinary hours worked on Monday to

Saturday inclusive shall be paid at the rate of time and one half of the ordinary rate for the first

two hours and double time of the ordinary rate thereafter. Provided that all time worked on

Sundays shall be paid for at the rate of double time and on public holidays at the rate of double

time and one half, that is two and a half times the ordinary rate.

(c) In computing overtime each day shall stand alone but when an employee works overtime

which continued beyond midnight on any day, the time worked after midnight shall be deemed

to be part of the previous day's work for the purpose of this subclause.

(2) (a) Casual employees shall be paid at the rate of time and one half for the first two hours and

double time thereafter at the appropriate proportion of the ordinary rate as presented in

subclause (1) of Clause 16. - Wages of this award for all time worked in excess of eight hours

in any one shift.

(b) Subject to the provisions of paragraph (c) of this subclause all time worked in excess of or outside the ordinary working hours, or on a shift other than a rostered shift, shall be paid for at

the rate of double time, except where the employee agrees to work a sixth shift in not more

than one week in any four weeks, when he/she shall be paid for such shift at time and one half

of the ordinary rate for the first two hours and double time thereafter.

(c) Time worked in excess of the ordinary working hours shall be paid for at ordinary rates:

(i) if it is due to private arrangements between the employees themselves and has the

approval of the employer; or

(ii) if it does not exceed two hours and is due to a relieving person who is rostered for

duty on that day not coming on duty at the proper time; or

(iii) if it is for the purpose of effecting the customary rotation of shifts.

(3) (a) The provisions of paragraphs (a) to (c) of this subclause apply only to employees engaged in

continuous shift work.

(b) Subject to the provisions of paragraph (c) of this subclause all time worked in excess of or

outside the ordinary working hours, or on a shift other than a rostered shift, shall be paid for at

the rate of double time, except where the employee agrees to work a sixth shift in not more

than one week in any four weeks, when they shall be paid for such shift at time and one half of

the ordinary rate for the first two hours and double time thereafter.

(c) Time worked in excess of the ordinary working hours shall be paid for at ordinary rates:

(i) if it is due to private arrangements between the employees themselves and has the

approval of the employer; or

(ii) if it does not exceed two hours and is due to a relieving person who is rostered for

duty on that day not coming on duty at the proper time; or

(iii) if it is for the purpose of effecting the customary rotation of shifts.

(d) By agreement between the employee and employer time off in lieu of payment for overtime

may be granted proportionate to the payment to which the employee is entitled. Such time to

be taken in unbroken periods according to each period of overtime worked.

The actual period of time off may be accrued and taken at a time agreed between the employer

and employee concerned.

(4) Notwithstanding anything contained in this award, the employer may require any employee to work

reasonable overtime and such an employee shall work overtime in accordance with such requirements.

(5) An employee who is recalled to work shall be paid a minimum of three hours at the appropriate

overtime rate and for all reasonable expenses incurred in travelling to and from work.

(6) (a) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged

that employees have at least ten consecutive hours off duty between the work of successive

days.

(b) An employee (other than a casual employee) who works so much overtime between the

termination of his/her ordinary work on one day and the commencement of his/her ordinary

work on the next day that he/she has not at least ten consecutive hours off duty between those

times shall, subject to this subclause, be released after completion of such overtime until

he/she has had ten consecutive hours off duty without loss of pay for ordinary working time

occurring during such absences.

(c) If, on the instruction of the employer or the employer's representative, the employee resumes

or continues work without having had ten consecutive hours off duty, the employee shall be paid at double time until the employee is released from duty for such period and the employee

shall then be entitled to be absent until the employee has had ten consecutive hours off duty

without loss of pay for ordinary working time occurring during such absence.

(d) The provisions of this subclause shall apply in the case of rostered employees if eight hours

were substituted for 10 hours when overtime is worked for the purposes of staffing special

exhibitions.

(7) (a) An employee who is rostered to work his/her ordinary hours over fourteen days shall, if called

in to work on his/her rostered day off, be paid at the rate of double time.

(b) Where the employee and employer mutually agree a day off duty without loss of pay for

ordinary working time can be taken in lieu of the foregoing provision prescribed in paragraph

(a) hereof.

(8) Overtime rates prescribed by this clause shall not apply until after eight hours have been worked on

each day or, in the case of part time employees, until after the ordinary rostered hours worked on that

day.

(9) (a) An employee required to work continuous overtime for more than one hour shall be supplied

with a meal by the employer or be paid $10.70 for a meal and if, owing to the amount of

overtime worked, a second or subsequent meal is required the employee shall be supplied with

each meal by the employer or be paid $6.25 for each meal so required.

(b) If an employee provides him/herself with a meal or meals and is not required to work overtime

or is required to work less overtime than the period notified, he/she shall be paid, for each

meal provided and not required, the appropriate amount described in paragraph (a) of this

subclause.

9. - SHIFT AND WEEKEND WORK

(1) Where an employer works their establishment on shifts:

(a) A loading of 15% of the ordinary wage shall be paid for time worked on an afternoon and

night shift as defined hereunder:

Afternoon Shift - commencing at or between 12.00 noon and 6.00 p.m.

Night Shift - commencing at or between 6.00 p.m. and 4.00 a.m.

(b) Where an employee works a broken shift, each portion of that shift shall be considered a separate shift for the purpose of this clause.

(2) An employee shall be paid for ordinary hours worked between midnight on Friday and midnight on

Saturday at the rate of time and one half and between midnight on Saturday and midnight on Sunday at

the rate of double time.

(3) The rates prescribed in subclause (1) of this clause shall be in substitution for and not cumulative on

the rates prescribed in subclause (2) of this clause.

(4) Work performed by an employee in excess of the ordinary hours of his/her shift shall be paid in

accordance with Clause 8. - Overtime.

(5) An employer may introduce a twelve hour shift working trial provided that the Union agrees and

provided that two-thirds of the affected employees support the introduction of such working

arrangements.

(6) Where subclause (7) of this clause has been complied with to the satisfaction of the Union, the employer and the employees concerned then the trial period shall not commence until the Western

Australian Industrial Relations Commission has formally ratified the agreement.

10. - CONDITIONS AND ALLOWANCES

The provisions of the Miscellaneous Government Conditions and Allowances Award No. A 4 of 1992 shall

apply mutatis mutandis to all employees covered by this award.

11. - PUBLIC HOLIDAYS

(1) The following days or the days observed in lieu shall, subject as hereinafter provided, be allowed as

holidays without deduction of pay, namely:

(a) 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 agreement between the parties in lieu of any of the

days named in this subclause.

(b) Where -

(i) a day is proclaimed as a public holiday or as a public half holiday under Section 7 of

the Public and Bank Holidays Act, 1972; and

(ii) that proclamation does not apply throughout the State or to the metropolitan area of

the State,

that day shall be a public holiday, or as the case may be a public half holiday for the purposes

of this award within the district or locality specified in the proclamation.

(2) When any of the days referred to in subclause (1) 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 following 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.

(3) When any of the days observed as a holiday under this clause falls during an employee's annual leave,

the employee shall, for each such day, be allowed a day's leave with pay to be taken immediately after

completion of that annual leave.

(4) (a) An employee who, on a day observed as a holiday under this clause, is required to work

during his/her ordinary hours of work shall be paid for the time worked at the rate of double

time and one half.

(b) Provided that in lieu of the foregoing provisions in paragraph (a) 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 in addition the employee shall be allowed one day's leave

with pay to be taken at a mutually agreeable time.

(c) A shift employee or a rostered employee who is regularly rostered to work Sundays and public

holidays and who is not required to work on a holiday which falls on his/her rostered day off,

shall be allowed a day's leave with pay to be added to his/her annual leave or taken at some

other time if the employer so agrees.

(5) When an employee is absent on leave without pay, sick leave without pay or workers' compensation

any day observed as a holiday on a day falling during such absence shall not be treated as a paid

holiday. Where an employee is on duty or available on the whole of the working day immediately

preceding a holiday, or resumes duty or is available on the whole of the working day immediately

following a day observed as a holiday under this clause, the employee shall be entitled to be paid for

such holiday.

(6) An employee who is not required to work on a public holiday and/or the day observed in lieu thereof,

which falls on his/her rostered day off shall be allowed a day's leave with ordinary pay to be added to

his/her annual leave or taken at some other time if the employer so agrees.

(7) An employee whilst on a public holiday prescribed by this clause shall continue to accrue an

entitlement to an accrued day off as prescribed in subclause (1) of Clause 7. - Hours of this award.

(8) The provisions of this clause do not apply to casual employees.

(9) An employer may, within reason, require an employee who has additional leave granted pursuant to

this clause to take such leave within twelve months of falling due.

12. - ANNUAL LEAVE

(1) Except as hereinafter provided a period of four consecutive weeks' leave with payment before taking

such leave of ordinary wages as prescribed shall be allowed annually to an employee by his/her

employer after a period of 12 months' continuous service with such employer.

(2) The employee shall be paid for any period of annual leave prescribed by the clause at the ordinary rate

of wage the employee has received for the greatest proportion of the calendar month prior to taking the

leave and in the case of seven day rostered employees, and continuous shift employees that rate of

wage shall include the weekend penalties or shift rates the employee would have received had the

employee not proceeded on annual leave.

Where it is not possible to calculate the weekend penalties the employee would have received, the

employee shall be paid at the rate of the average of such payments made each week over the four

weeks prior to taking the leave.

(3) (a) A continuous shift employee shall be allowed one week's leave in addition to the leave to

which he/she is otherwise entitled under this clause.

(b) Where an employee with 12 months' continuous service has been engaged for part of a

qualifying 12 monthly period as a continuous shift employee or as a seven day rostered

employee he/she shall be entitled to have the period of annual leave to which the officer is

otherwise entitled under this clause increased by 1/12th of a week for each completed month

he/she is continuously so engaged.

(4) If any holiday referred to in Clause 11. - Public Holidays of this award falls within an employee's

period of annual leave there shall be added to that period one day being an ordinary working day for

each such holiday observed as aforesaid.

(5) If after one month's continuous service in any qualifying 12 monthly period an employee lawfully

leaves his/her employment or his/her employment is terminated by the employer through no fault of the

employee, the employee shall be paid 2.923 hours' pay at his/her ordinary rate of wage in respect of

each completed week of continuous service in that qualifying period except that, in the case of an

employee referred to in subclause (3) of this clause, he/she shall be paid 3.65 hours' pay at that rate in

respect of each completed week of continuous service.

(6) In addition to any payment to which he/she may be entitled under subclause (5) of this clause, an

employee whose employment terminates after he/she has completed a 12 monthly qualifying period

and who has not been allowed the leave prescribed under this clause in respect of that qualifying period

shall be given payment as prescribed in subclauses (2) and (10) of this clause in lieu of that leave

unless:

(a) he/she has been justifiably dismissed for misconduct; and

(b) the misconduct for which he/she has been dismissed occurred prior to the completion of that

qualifying period.

(7) An employee may be rostered off and granted annual leave with payment of ordinary wages as

prescribed prior to his/her 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 completion of 12 months'

continuous service, the employee shall refund to the employer the difference between the amount

received by him/her for wages in respect of the period of his/her annual leave and the amount which

would have accrued to him/her by reason of the length of his/her service up to the date of the

termination of his/her services.

(8) (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 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 entitlements.

(9) The annual leave prescribed in this clause may, by agreement between the employee and employer, be

taken in more than one portion provided that no portion shall be less than one week.

(10) In addition to his/her payment for annual leave and before taking such leave the employee shall receive

a loading calculated on the rate of wage prescribed by subclause (2) of this clause. This loading shall

be as follows:

(a) All employees except continuous shift employees - an employee who would have worked on

day work had he/she not been on leave - a loading of 17.5% on ordinary wages. Provided

that:

(i) The loading prescribed in this subclause shall not apply to proportionate annual leave

on termination.

(ii) The loading prescribed in this subclause shall be payable on retirement provided the

employee has attained 55 years of age.

(iii) Provided that in no case shall the loading for four weeks leave exceed the amount set

out in the Commonwealth Bureau of Census and Statistics publication for "Average

Weekly Earnings per Male Employed Unit" in W.A. for the September quarter

immediately preceding the date of accrual of such leave.

(b) Continuous shift employees - an employee who would have worked on continuous shift work

had he/she not been on leave - a loading of 20% on ordinary wages.

(i) Provided that where the employee would have received shift loadings prescribed by

Clause 9. - Shift and Weekend Work of this award had he/she not been on leave

during the relevant period and such loadings would have entitled him/her to a greater

amount than the loading of 20%, then the shift loadings shall be added to the rate of

wage prescribed by subclause (2) of this clause in lieu of the 20% loading.

(ii) Provided further that if the shift loadings would have entitled him/her to a lesser

amount than the loading of 20% then such loading of 20% shall be added to the rate

of wage prescribed by subclause (2) of Clause 12. - Annual Leave of this award.

(12) When an employee proceeds on the four weeks annual leave prescribed by subclause (1) of this clause

there will be no accrual towards an accrued day off as prescribed by subclause (1) of Clause 7. - Hours.

Accrual towards an accrued day off shall continue during any other period of annual leave prescribed

by this clause.

(13) The provisions of this clause shall not apply to casual employees.

13. - SICK LEAVE

(1) (a) An employee shall be entitled to payment for non-attendance on the ground of personal ill

health or injury for 1/6th of a week's pay for each completed month of service.

(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 subsequent to the sickness in that year to a greater allowance than that made at the

time the sickness occurred.

(2) The unused portions of the entitlement prescribed in subclause (1)(a) of this clause; shall be allowed to

accumulate and may be availed of in the next or any succeeding year.

(3) 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/her inability to attend for work. Provided that if the

absence is to be more than two days the employee shall advise the employer of the nature of his/her

illness or injury and the estimated duration of the absence.

(4) The employee shall not be entitled to the benefit of this clause unless he/she produces proof to the

employer or his/her 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.

(5) (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/she 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/her place of residence or a hospital as a result of his/her

personal ill health or injury for a period of seven consecutive days or more and he/she

produces a certificate from a registered medical practitioner that he/she 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/she is unable to

attend for work on the working day next following his/her 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/she 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 termination occurs before then, be

paid for in accordance with the provisions of Clause 12. - Annual Leave.

(e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave

is subsequently taken provided that the annual leave loading prescribed in Clause 12. - Annual

Leave shall be deemed to have been paid with respect to the replaced annual leave.

(6) The provisions of this clause with respect to payment do not apply to employees who are entitled to

payment under the Workers' Compensation Act nor to employees whose injury or illness is the result of

the employee's own misconduct.

(7) An employee shall not be entitled to claim payment for non attendance on the grounds of personal ill

health or injury nor will the employee's sick leave entitlements be reduced if such personal ill health or

injury occurs on a day when an employee is absent on an accrued day off in accordance with subclause (1) of Clause 7. - Hours.

(8) An employee whilst on paid sick leave shall continue to accrue an entitlement to an accrued day off as

prescribed in Clause 7. - Hours.

(9) The provisions of this clause do not apply to casual employees.

14. - LONG SERVICE LEAVE

The conditions governing the granting of long service leave to government wages employees generally shall

apply to employees covered by this award except that long service leave shall accrue at the rate of three months'

leave for each seven year period of continuous service.

15. - SPECIAL RATES AND PROVISIONS

(1) The employer shall, where practicable, make suitable provisions for employees to change their clothing

on the employer's premises.

(2) Uniforms and/or clean overalls shall be supplied by the employer free of charge, where the employer

requires such to be worn. Such items shall always remain the property of the employer.

(3) (a) All employees called upon to clean closets connected to septic tanks or sewers shall be paid an

allowance of 70 cents per closet per week.

(b) For the purpose of this subclause one metre of urinal or three urinal stalls shall count as one

closet.

(4) An employee shall not be required to work from the top of a ladder more than 3.5 metres long which

rests on the ground or floor level, unless he/she has an assistant.

(5) An allowance of $2.60 per day or part thereof shall be paid to an employee required to use an airlift in

the course of their duties.

(6) An allowance of $10.00 per day shall be paid in addition to the ordinary rate to an attendant required to

operate audio visual equipment.

(7) (a) Except as provided for in paragraph (b) of this subclause an allowance of $5.45 per day shall

be paid to an employee required to carry keys and be responsible for securing the premises at

the close of business.

(b) Where it is agreed between the employer and the Union in writing then an alternative

arrangement may exist in respect of this subclause.

(8) (a) An employee who is required to work away from his/her usual place of work shall be paid for

any fares in excess of those normally incurred in travelling from his/her home to his/her usual

place of work and return, except where an allowance is paid in accordance with Clause 17. -

Fares and Travelling Allowances of the Miscellaneous Government Conditions and

Allowances Award No. A4 of 1992.

(b) Travelling time in excess of that normally incurred in travelling from his/her home to his/her

usual place of work and return shall be paid at the rate of ordinary time.

(c) An employee who commences or completes a shift at or between the hours of 11.00pm and

5.00am, shall in addition to the ordinary rate of pay for that shift be paid an allowance of

$12.20 per shift.

16. - WAGES

(1) (a) The minimum weekly rate of wage payable to employees covered by this award, shall be as

follows:

Base Rate Arbitrated

Safety Net

Adjustment

Minimum

Award

Wage

Cleaner

1st year of employment 370.10 281.70 651.80

2nd year of employment 374.10 281.70 655.80

3rd year of employment and

thereafter

378.30 281.70 660.00

Groundskeeper

1st year of employment 378.00 281.70 659.70

2nd year of employment 385.60 281.70 667.30

3rd year of employment and

thereafter

393.70 281.70 675.40

Attendant or Receptionist

Attendant

1st year of employment 394.30 281.70 676.00 2nd year of employment 402.70 281.70 684.40

3rd year of employment and

thereafter

411.10 281.70 692.80

Security Officer

1st year of employment 394.30 281.70 676.00

2nd year of employment 402.70 281.70 684.40

3rd year of employment and

thereafter

411.10 281.70 692.80

Assistant Supervisor

1st year of employment 432.00 283.70 715.70

2nd year of employment 440.20 283.70 723.90

3rd year of employment and

thereafter

448.40 283.70 732.10

Installation Assistant

1st year of employment 461.30 283.70 745.00 2nd year of employment 468.40 281.70 750.10

3rd year of employment and

thereafter

476.30 281.70 758.00

Attendant Supervisor

1st year of employment 476.20 281.70 757.90

2nd year of employment and

thereafter

491.50 281.70 773.20

Installation Supervisor

1st year of employment 521.30 281.70 803.00

2nd year of employment and

thereafter

535.40 281.70 817.10

Regional Attendant

1st year of employment 432.00 283.70 715.70

2nd year of employment 440.20 283.70 723.90 3rd year of employment and

thereafter

448.40 283.70 732.10

(b) The rates of pay in this award include arbitrated safety net adjustments available since

December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the

rate of pay received by employees since 1 November 1991 above the rate prescribed in the

Award, except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting

those resulting from enterprise agreements, are not to be used to offset arbitrated safety net

adjustments.

(2) Leading Hands: In addition to the appropriate total wage prescribed in this clause, a leading hand shall

be paid:

$

(a) if placed in charge of not less than one and more than five other

employees

24.20

(b) if placed in charge of more than six and not more than ten other employees

37.20

(c) if placed in charge of more than 11 other employees 47.80

(3) A casual employee shall receive 20% of the ordinary rate in addition to the ordinary rate for their class

of work.

17. - HIGHER DUTIES

(1) Any employee performing work carrying a higher minimum rate than his/her regular rate of wage shall

be paid for the time so worked at such higher minimum rate. Provided that where such employee is

engaged in the higher grade of work for more than two hours in any one day the employee shall be paid

the higher rate for the whole day.

(2) Any employee required to perform work in a lower grade for any shift or portion thereof shall not be

reduced in wages whilst employed in such lower capacity.

18. - PART TIME EMPLOYEES

(1) Notwithstanding anything contained herein an employer shall be at liberty to employ part-time

employees provided that the minimum engagement of such an employee is no less than an average of

15 hours per week.

(2) The minimum number of hours provided for in sub-clause (1) of the clause may be varied by written

agreement between the employee, the employers and the Union.

(3) Part-time employees shall be remunerated at a weekly rate pro rata to the rate prescribed for the class

of work on which they are engaged only in the proportion which their ordinary weekly hours bear to

38.

(4) Part-time employees shall be allowed annual leave and sick leave in the same manner as full time

employees. Payment for such leave shall be in the same ratio as their ordinary weekly hours, averaged

over the qualifying period, bear to 38.

(5) A part-time employee may work shifts additional to the rostered shifts at ordinary rates subject only to

the normal rostering parameters of a full time employee where the employee has previously indicated a

willingness to work extra shifts or where the extra shift was arranged prior to the completion of the

employee's previous shift. Provided that a part-time employee shall not be required to work an extra

shift.

19. - UNIFORMS

(1) The following uniform issue shall be replaced on a fair wear and tear basis -

4 shirts/blouses or 2 long sleeve shirts/blouses,

and 2 short sleeve shirts/blouses

4 pairs of trousers or 2 pairs of trousers and 2 pairs of shorts

or 4 skirts or 2 pairs of trousers and 2 skirts

1 belt

1 jumper/cardigan

1 castro jacket (for persons required to work outdoors)

1 tie (optional)

(2) The employee shall be responsible for the laundering of any such uniform so supplied.

(3) Where the employer specifies items of footwear of a specific colour or type be worn in the workplace

then an annual allowance will be paid to the employee. Provided that where the Union and employer agree then items of footwear can be replaced on a fair wear and tear basis in lieu of the allowance

provided for in this subclause.

(4) The amount of allowance provided to the employee in accordance with subclause (3) of this clause will

be agreed between the employer and Union.

20. - LIBERTY TO APPLY

Liberty is reserved for the term of this award to the respondents to apply to amend with respect to paragraph (a)

of this subclause and to the Union to apply to amend with respect to paragraph (b) of this subclause to alter:

(a) The key allowance prescribed in Clause 19. - Special Rates and Provisions, subclause (7).

(b) To remove the geographical limitations on applications for compassionate leave.

APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT

(1) This Appendix is inserted into the award/industrial agreement as a result of legislation which came into

effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and

further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation

Amendment Act 1997).

(2) Subject to this appendix, and in addition to any current arrangements the following procedures shall

apply in connection with questions, disputes or difficulties arising under this award/industrial

agreement.

(a) The persons directly involved, or representatives of person/s directly involved, shall discuss

the question, dispute or difficulty as soon as is practicable.

(b) (i) If these discussions do not result in a settlement, the question, dispute or idifficulty

shall be referred to senior management for further discussion.

(ii) Discussions at this level will take place as soon as practicable.

(3) The terms of any agreed settlement should be jointly recorded.

(4) Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have

effect unless and until that conflict is resolved to allow for it.

(5) Nothing in this appendix shall be read so as to exclude an organisation party to or bound by the

award/industrial agreement from representing its members.

(6) Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial

Relations Commission provided that with effect from 22 November 1997 it is required that persons

involved in the question, dispute or difficulty shall confer among themselves and make reasonable

attempts to resolve questions, disputes or difficulties before taking those matters to the Commission..

SCHEDULE A - PARTIES TO THE AWARD

The following organization is a party to this award:

The Australian Liquor, Hospitality and Miscellaneous Workers Union, Western Australian Branch

SCHEDULE B - RESPONDENTS

The Library Board of Western Australia

Alexander Library Building

Perth Cultural Centre

PERTH WA 6000

The Trustees of the Western Australian Museum

Francis Street

PERTH WA 6000

The Board of the Art Gallery

Perth Cultural Centre PERTH WA 6000

Minister for Works

C/- 99 Plain Street

EAST PERTH WA 6004

DATED at Perth this 23rd day of May 1989.

V A R I A T I O N R E C O R D

CULTURAL CENTRE AWARD 1987

NO. A 28 OF 1988

Delivered 04/08/89 at 69 WAIG 2691

Consolidated 93(6) 24/01/94 at 74 WAIG 394

CLAUSE

NO.

EXTENT OF VARIATION ORDER

NO.

OPERATIVE

DATE

GAZETTE

REFERENCE

1. Title

(1A. State Wage Principles)

Ins cl 1752/91 31/01/92 72 WAIG 191

Cl. & Title 1457/93 24/12/93 74 WAIG 198

(1A. State Wage Principles December 1993)

Cl. & Title 985/94 30/12/94 75 WAIG 23

(1A. Statement of Principles December 1994)

Cl. & Title 1164/95 21/03/96 76 WAIG 911

(1A. Statement of Principles March 1996)

Cl & Title 915/96 7/08/96 76 WAIG 3368

(1A Statement of Principles - August 1996)

Cl & Title 940/97 14/11/97 77 WAIG 3177

(1A. Statement of Principles - November 1997)

Cl & Title 757/98 12/06/98 78 WAIG 2579

(1A. Statement of Principles – June, 1998)

Del. Cl. 609/99 06/07/99 79 WAIG 1847

1B. Minimum Adult Award Wage

Ins. 1B 940/97 14/11/97 77 WAIG 3177

Min. Wage & text 609/99 01/08/99 79 WAIG 1847

Cl 654/00 01/08/00 80 WAIG 3379

Cl 752/01 01/08/01 81 WAIG 1721

Cl. 797/02 01/08/02 82 WAIG 1369

Cl. 569/03 5/06/03 83 WAIG 1899 &

2131

(9) 1197/03 1/11/03 83 WAIG 3537

Cl 570/04 4/06/04 84 WAIG 1521

Cl. 576/05 07/07/05 85 WAIG 2083,

2327

Cl. 957/05 07/07/06 86 WAIG 1631 &

1858

Cl. 1/07 01/07/07 87 WAIG 1487 &

1739

Cl. 115/07 01/07/08 88 WAIG 773 &

1001

Cl 1/09 01/10/09 89 WAIG 735 &

1422

Cl 2/10 01/07/10 90 WAIG 568 &

912

Cl 2/11 01/07/11 UnreportedSWC

2. Arrangement Ins. 31 & 32 148/90(R2) 10/05/90 70 WAIG 1762

Ins 1A 1752/91 31/01/92 72 WAIG 191

16 855/92 18/02/93 73 WAIG 570

Ins. Sch. A & Sch. B 553/93 30/04/93 73 WAIG 1651

Cl 1442/92 27/05/93 73 WAIG 1542

1A. Title 1457/93 24/12/93 74 WAIG 198

1A. Title 985/94 30/12/94 75 WAIG 23

1A. Title 1164/95 21/03/96 76 WAIG 911

Ins. Appendix - Resolution... 693/96 16/07/96 76 WAIG 2768

1A. Title 915/96 7/08/96 76 WAIG 3368

1A 940/97 14/11/97 77 WAIG 3177

Ins. 1B 940/97 14/11/97 77 WAIG 3177

1A 757/98 12/06/98 78 WAIG 2579

Del 1A 609/99 06/07/99 79 WAIG 1847

3. Area and Scope

Cl 1749/91 30/10/91 72 WAIG 108

Corr Order 1749/90 30/10/91 72 WAIG 1194

Cl 1442/92 27/05/93 73 WAIG 1542

4. Term

5. Definitions

Ins (1)(i);(2) 1401/89(R) 10/10/89 69 WAIG 3543

(1)(b);Ins (1)(j) 148/90(R2) 10/05/90 70 WAIG 1762

(1)(f) to (1)(j); Ins. (1)(k) &

(1)(l)

836/94 24/01/95 75 WAIG 399

6. Contract of Employment

Ins (7) 1442/92 27/05/93 73 WAIG 1542

7. Hours

Cl 1401/89(R) 10/10/89 69 WAIG 3543

(5) 148/90(R2) 10/05/90 70 WAIG 1762

8. Overtime

(3)(6) 1401/89(R) 10/10/89 69 WAIG 3543

(3);(9)(a) 148/90(R2) 10/05/90 70 WAIG 1762

(2), (9)(a) 1442/92 27/05/93 73 WAIG 1542

Rates - (9)(a) 1328/96 12/11/96 77 WAIG 238

(9)(a) 683/00 14/11/00 80 WAIG 5556

(9)(a) 969/01 07/01/02 82 WAIG 266

(9)(a) 1029/02 28/01/03 83 WAIG 673

Correction Order (9)(a) 1029/02 28/01/03 83 WAIG 1541

(9)(a)

(9)(a)Correction

688/03

668/03

11/3/05

11/03/05

85 WAIG 1152

85 WAIG 2051

(9)(a) 10/07 12/03/07 87 WAIG 369

(9)(a) 92/08 29/10/08 88 WAIG 2124

9. Shift and Weekend Work

Ins (5) & (6) 148/90(R2) 10/05/90 70 WAIG 1762

(10. Fares and Travelling Time)

Cl & Title 1442/92 27/05/93

73 WAIG 1542

10. Conditions and Allowances

11. Public Holidays

Ins (9) 148/90(R2) 10/05/90 70 WAIG 1762

12. Annual Leave

(10)(b)(i) & (ii)

1141/04 9/2/05 85WAIG689

(13. Leave to Attend Union Business)

Del Cl 1442/92 27/05/93 73 WAIG 1542

(14. Trade Union Training Leave)

Del Cl 1442/92 27/05/93 73 WAIG 1542

(15. Sick Leave)

Renum Cl 1442/92 27/05/93 73 WAIG 1542

13. Sick Leave

(16. Maternity Leave)

Cl & title 855/92 18/02/93 73 WAIG 570

(16. Parental Leave)

Del Cl 1442/92 27/05/93 73 WAIG 1542

(17. Long Service Leave)

Renum Cl 1442/92 27/05/93 73 WAIG 1542

14. Long Service Leave

(18. Compassionate Leave)

Del Cl 1442/92 27/05/93 73 WAIG 1542

(19. Special Rates and Provisions)

(3),(5),(6) & (7) 148/90(R2) 10/05/90 70 WAIG 1762

Renum cl 1442/92 27/05/93 73 WAIG 1542

15. Special Rates and Provisions

(3)(a),(5),(6) & (7)(a) 1442/92 27/05/93 73 WAIG 1542

Ins. (8) 1208/93 27/05/93 74 WAIG 1925

Rates -

(3)(a);(5);(6);(7)(a)&(8)(c)

1328/96 12/11/96 77 WAIG 238

(3)(a):(5):(6):(7)(a):(8)(c) 909/99 27/08/99 79 WAIG 3033

(3)(a), (5), (6), (7)(a) & (8)(c) 683/00 14/11/00 80 WAIG 5556

(3)(a), (5), (6), (7)(a) & (8)(c) 969/01 07/01/02 82 WAIG 266

(3)(a), (5), (6), (7)(a) & (8)(c) 1029/02 28/01/03 83 WAIG 673

(3)(a), (5), (6), (7), (8) 688/03 11/3/05 85 WAIG 1152

(3)(a), (5), (6), (7) & (8) 10/07 12/03/07 87 WAIG 369

(3)(a), (5), (6), (7) & (8) 92/08 29/10/08 88 WAIG 2124

(20. Wages)

Cl 1401/89(R) 10/10/89 69 WAIG 3543

Cl 148/90(R2) 10/05/90 70 WAIG 1762

Cl & title 1442/92 27/05/93 73 WAIG 1542

16. Wages

(1) 1568/93 13/09/94 74 WAIG 2742

Ins Para (1)(a) 836/94 24/01/95 75 WAIG 399

(1)(a) & Ins.(1)(b) 1130/94 16/06/95 75 WAIG 2322

(1) 333/96 16/06/96 76 WAIG 2413

Rates - (2) 1328/96 12/11/96 77 WAIG 238

Rates & Ins. Text 940/97 14/11/97 77 WAIG 3177

Rates (1)(a) & Text (d) 609/99 01/08/99 79 WAIG 1847

(2)(a-c) 909/99 27/08/99 79 WAIG 3033

Cl 654/00 01/08/00 80 WAIG 3379

(2)(a)(b)(c) 683/00 14/11/00 80 WAIG 5556

Cl 752/01 01/08/01 81 WAIG 1721

(2)(a),(b) & (c) 969/01 07/01/02 82 WAIG 266

(1)(a) 797/02 01/08/02 82 WAIG 1369

(2)(a), (b) & (c) 1029/02 28/01/03 83 WAIG 673

Cl. 569/03 5/06/03 83 WAIG 1899 &

2131

Cl 570/04 4/06/04 84 WAIG 1521 &

1681

(2) 688/03 11/3/05 85 WAIG 1152

Cl. 576/05 07/07/05 85 WAIG 2083,

2327

Cl. 957/05 07/07/06 86 WAIG 1631 &

1858

(2) 10/07 12/03/07 87 WAIG 369

Cl. 1/07 01/07/07 87 WAIG 1487 &

1739

Cl. 115/07 01/07/08 88 WAIG 773 &

1001

(2) 92/08 29/10/08 88 WAIG 2124

Cl 1/09 01/10/09 89 WAIG 1422

Cl 2/10 01/07/10 90 WAIG 568 &

912

Cl 2/11 01/07/11 UnreportedSWC

(21. Higher Duties)

Renum cl 1442/92 27/05/93 73 WAIG 1542

17. Higher Duties

(22. Payment of Wages)

Del cl 1442/92 27/05/93 73 WAIG 1542

(23. Deduction of Union Subscriptions)

Del cl 1442/92 27/05/93 73 WAIG 1542

(24. Right of Entry)

Del cl 1442/92 27/05/93 73 WAIG 1542

(25. Part Time Employees)

Renum cl 1442/92 27/05/93 73 WAIG 1542

18. Part Time Employees

(26. Posting of Award)

Del cl 1442/92 27/05/93 73 WAIG 1542

(27. Time and Wages Book)

Del cl 1442/92 27/05/93 73 WAIG 1542

(28. Uniforms)

Cl 148/90(R2) 10/05/90 70 WAIG 1762

Renum cl 1442/92 27/05/93 73 WAIG 1542

19. Uniforms

(29. Paid Leave for English Language Training)

Del cl 1442/92 27/05/93 73 WAIG 1542

(30. Liberty to Apply)

Renum cl 1442/92 27/05/93 73 WAIG 1542

20. Liberty to Apply

(31. Skills Acquisition)

Ins cl 148/90(R2) 10/05/90 70 WAIG 1762

Del cl 1442/92 27/05/93 73 WAIG 1542

(32. Award Modernisation)

Ins cl 148/90(R2) 10/05/90 70 WAIG 1762

Del cl 1442/92 27/05/93 73 WAIG 1542

Appendix - Resolution of Disputes Requirement

Ins. Appendix 693/96 16/07/96 76 WAIG 2768

(1),(6), Del. (7) 2053/97 22/11/97 77 WAIG 3079

Schedule A - Parties to the Award

Ins. Schedule 553/93 30/04/93 73 WAIG 1651

Corr Order 553/93 30/04/93 73 WAIG 1919

Text 909/99 27/08/99 79 WAIG 3033

Ins. Sch 683/00 14/11/00 80 WAIG 5556

(Respondents)

Renum Schedule 553/93 30/04/93 73 WAIG 1651

Schedule B - Respondents

Del & Ins 15/05 2/03/05 85 WAIG 896