Golf Link and Bowling Green Employees' Award, 1993

1. - TITLE

This Award shall be known as the "Golf Link and Bowling Green Employees' Award, 1993" as amended and consolidated and replaces Award No. 12 of 1961.

2. - ARRANGEMENT

1. Title2. Arrangement3. Area and Scope4. Term5. Hours6. Meal Period7. Additional Rates for Ordinary Hours8. Overtime9. Contract of Service10. Casual Employees11. Part-Time Employees12. Supported Wage13. Junior Employees14. Apprentices15. Sick Leave16. Annual Leave17. Public Holidays18. Record19. Representative Interviewing Employees20. Board of Reference21. Long Service Leave22. Higher Duties23. General Conditions24. Motor Vehicle Allowance25. Fares and Travelling Time26. Payment of Wages27. Wages28. Location Allowances29. Bereavement Leave30. Definitions31. Superannuation32. Roster33. Training34. Award Modernisation/Enterprise Agreements35. Parental Leave36. Redundancy37. Carer’s Leave38. Dispute Settlement Procedure

Appendix 1 – Make Up of Total WageSchedule A - Parties to the AwardSchedule B – Respondents

3. - AREA AND SCOPE

This award shall operate over the whole of the State of Western Australia and shall apply to employees eligible for membership in the applicant union and who are engaged in the formations and maintenance of Golf Links

and Bowling Greens and of all gardens and lawns in connection therewith; provided that this award shall not apply to employees employed by Municipalities or Local Governing Authorities.

4. - TERM

The term of this award shall be for a period of three years from the beginning of the first pay period commencing after the date hereof. (The date of this award is 22nd of December, 1967).

5. - HOURS

(1) (a) Subject to this clause and except as provided elsewhere in this award, the ordinary hours of work shall be 76 per fortnight;

(b) The ordinary hours of work shall be exclusive of meal breaks and be so rostered that an employee shall not be required to commence work on more than 10 days in each fortnight;

(c) Each ordinary hours work period shall not be less than four nor more than 10 ordinary hours, and shall be worked within a spread of shift not exceeding 12 hours. Provided that no employee shall be rostered to work less than three hours consecutively exclusive of meals breaks.

(2) (a) The employer shall have the right to roster the ordinary hours of work for each employee according to the needs of the business, but the employer shall, in the following circumstances, seek the agreement of each employee:

(i) where the work is to be rostered over more than seven consecutive work period; or

(ii) where the proposed rostered hours of work include work periods exceeding eight ordinary hours work.

(b) Rostered Days Off shall be so arranged that, in circumstances where an employee's work roster includes work period where more than eight ordinary hours are regularly worked, two of such days shall be consecutive.

6. - MEAL PERIOD

(1) Every employee shall be entitled to a meal break of not more than one hour after not more than six hours of work.

Where it is not possible for the employer to grant a meal break on any day, the said meal break shall be treated as time worked and the employee shall be paid at the rate applicable to the employee at the time such meal break is due, plus fifty percent of the prescribed ordinary hourly rate applicable to such employee, until such time as the employee is released for a meal.

(2) An employee required to work overtime for more than two hours, without being notified on the previous day or earlier, that they will be so required to work, shall be supplied with a meal by the employer or be paid $8.70 in lieu thereof.

7. - ADDITIONAL RATES FOR ORDINARY HOURS

(1) All time worked during the ordinary hours of work on Saturdays and Sundays shall be paid for at the rate of time and a half.

(2) The provisions of subclause (1) of this clause shall not apply to any work performed on a holiday and to which the provisions of subclause (2) of Clause 17. – Public Holidays of this award are applicable.

8. - OVERTIME

(1) Overtime shall mean all work performed outside of the rostered ordinary hours of work or outside the daily spread of shift.

(2) All overtime worked between Monday to Friday, both inclusive, shall be paid for at the rate of time and a half for the first two hours and double time thereafter. All overtime worked on a Saturday or Sunday shall be paid for at the rate of double time.

(3) An employee recalled to work overtime after leaving the employer's work establishment shall be paid for at least three hours at the appropriate rate, and time reasonably spent in getting to and from work shall be counted as time worked.

(4) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least eight consecutive hours off duty between successive work periods. An employee (other than a casual) who works so much overtime between the termination of one ordinary hours, work period and the commencement of the next ordinary hours work period that the employee has not had at least eight consecutive hours off duty between those times shall, subject to this paragraph, be released after completion of such overtime until the employee has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of the employer, the employee resumes or continues work without having had such eight consecutive hours off duty the employee shall be paid at double rates until the employee is released from duty for such period and the employee shall then be entitled to be absent until the employee has eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(5) In computing overtime each day shall stand alone but:

(a) When an employee works overtime which continues 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 clause; or

(b) when an employee works overtime continuous with an ordinary hour's work period to which the provisions of subclause (1)(d) of Clause 5. - Hours of this award applies, such overtime work shall be paid for at the overtime rate appropriate for the day upon which the overtime work is actually performed.

(6) (a) By agreement between the employer and an employee, time off during ordinary hours shall be granted instead of payment of overtime pursuant to the provisions of this clause. Such time off shall be calculated in accordance with subclause (2) of this clause.

(b) Subject to paragraph (c) of this subclause all time accrued in accordance with paragraph (a) of this subclause shall be taken within eight weeks of it being accrued at a time agreed between the employer and the employee when the agreement is made.

(c) Where such time off in lieu is not taken in accordance with paragraph (b) of this subclause it shall, by agreement between the employer and the employee, be taken in conjunction with a future period of annual leave or the employer shall discharge their obligation to provide time off in lieu by making payment for the accrued time off when the employee's wages are paid at the end of the next pay period.

(d) Upon termination of an employee's service with an employer, the employee shall be paid for all accrued time off which remains owing to the employee at the date of termination.

(7) Notwithstanding anything contained in this award:

(a) An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements;

(b) No organisation, party to this award, or employee or employees covered by this award, shall in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this clause.

9. - CONTRACT OF SERVICE

(1) Termination of Employment

(a) Full time and Part time employees

(i) The contract of service shall be terminable in accordance with the following provisions:

Probation: An employee engaged under the terms of this award on probation for an agreed period not exceeding three months – by the giving of one day’s notice on either side or the payment or forfeiture, as the case may be, of one day’s pay.

In the first year of service – by the giving of one week’s notice on either side or the payment or forfeiture, as the case may be, of one week’s pay.

More than one year but less than three years - by the giving of two weeks notice on either side or the payment or forfeiture, as the case may be, of two weeks pay.

More than three years but not more than five years - by the giving of three weeks notice on either side or the payment or forfeiture, as the case may be, of three weeks pay.

More than five years - by the giving of four weeks notice on either side or the payment or forfeiture, as the case may be, of four weeks pay.

(ii) Employment may be terminated by part of the period notice and part payment in lieu.

(iii) Employees over 45 years of age with two or more years continuous service at the time of termination shall receive an additional week's notice.

(iv) Payment in lieu of notice shall be calculated using the employee’s normal weekly earnings.

(v) The period of notice in this clause shall not apply in the case of dismissal for serious misconduct, that is, misconduct of a kind such that it would be unreasonable to require the employer to continue the employment during the notice period.

(b) Casual Employees

The employment of a casual employee may be terminated by the giving or receiving of one hour's notice.

(2) In the case of subclause (1)(a) of this clause the notice period shall commence to operate on and from the date it is given provided the notice is given prior to the commencement of the ordinary hours work period on that day.

(3) Notwithstanding the provisions of this clause, an employer may dismiss an employee for serious misconduct, in which case, the employee shall be paid all wages due up to the time of dismissal.

(4) (a) The employer is entitled to deduct payment for any day or part of a day upon which an employee cannot be usefully employed because of a strike by the union party of this award, or by any other association or union;

(b) The provisions of paragraph (a) of this subclause also apply where the employee cannot be usefully employed through any cause which the employer could not reasonably have prevented, but only if and to the extent that the employer and the union so agree, or in the event of disagreement, the Board of Reference so determines;

(c) Where the stoppage of work has resulted from a breakdown of the employee's machinery the Board of Reference, in determining a dispute under paragraph (b) of this subclause, shall have regard for the duration of the stoppage and the endeavours made by the employer to repair the breakdown.

(5) It shall be a term of employment that the employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training.

10. - CASUAL EMPLOYEES

(1) (a) A casual employee is an employee informed of their status before engagement and paid as such and shall be paid at the rates prescribed herein for the work upon which the employee is engaged, with the addition of 25 percent;

(b) Casual employees working on public holidays, as defined in Clause 17. – Public Holidays, shall be paid at double time and a half.

(2) The services of a casual employee may be terminated by one hour's notice, given by either side, on any day.

(3) Casual employees shall not be engaged for less than two consecutive hours per time.

(4) A casual employee shall not receive any of the entitlements prescribed in Clauses 15. – Sick Leave, and 16. - Annual Leave of this award.

11. - PART-TIME EMPLOYEES

Notwithstanding anything contained elsewhere in this award, employees may be employed on a part-time basis and the following conditions shall apply:

(1) A part-time employee shall mean an employee whom, subject to the provisions of Clause 5. - Hours of this award regularly works no less than 20 ordinary hours per fortnight nor less than three hours per work period.

(2) Part-time employees shall be entitled to payment for public holidays, as defined in Clause 17. – Public Holidays, and all paid leave under this award on a pro-rata basis in the same proportion as the number of ordinary hours worked per fortnight bears to 76 hours.

(3) A part-time employee may work additional hours to their fortnightly contract of service at ordinary rates, subject only to the normal provisions applying to a full-time employee, where the employee has previously indicated a willingness to work extra hours or where the extra hours were arranged prior to the completion of the employee's previous contracted working day. Provided that a part-time employee shall not be required to work an extra day/part day over and above their fortnightly contract of service.

12. – SUPPORTED WAGE

(1) This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this Award. In the context of this clause, the following definitions will apply:

(a) ‘Supported Wage System’ means the Commonwealth Government system to promote employment for people who cannot work at full Award wages because of a disability as documented in “[Supported Wages System: Guidelines and Assessment Process]”.

(b) ‘Accredited Assessor’ means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.

(c) ‘Disability Support Pension’ means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

(d) ‘Assessment instrument’ means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

(2) Eligibility Criteria

Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this Award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension. (The clause does not apply to any existing employee who has a claim against the employer that is subject to the provisions of workers’ compensation legislation or any provision of this Award relating to the rehabilitation of employees who are injured in the course of their current employment).

The clause also does not apply to employers in respect of their facility, programme, undertaking, services or the like which receives funding under the Disability Services Act 1986 and fulfills the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a Disability Support Pension, except with respect to an organisation which has received recognition under s10 or s12A of the Act, or if a part has received recognition, that part.

(3) Supported Wage Rates

Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this Award for the class of work which the person is performing according to the following schedule:

Assessed Capacity (subclause 4) % of Prescribed Award Rate10%* 10%20% 20%30% 30%40% 40%50% 50%60% 60%70% 70%80% 80%90% 90%

(Provided that the minimum amount payable shall be not less than $60.00 per week).

* Where a person’s assessed capacity is 10%, they shall receive a high degree of assistance and support.

(4) Assessment of Capacity

For the purpose of establishing the percentage of the Award rate to be paid to an employee under this Award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:

(a) The employer and the union in consultation with the employee or, if desired by any of these; or

(b) The employer and an accredited Assessor from a panel agreed by the parties to the Award and the employee.

(5) Lodgement of Assessment Instrument

(a) All assessment instruments under the conditions of this clause, including the appropriate percentage of the Award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Western Australian Industrial Relations Commission.

(b) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the Award, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within 10 working days.

(6) Review of Assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

(7) Other Terms and Conditions of Employment

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other employees covered by this Award paid on a pro-rata basis.

(8) Workplace Adjustment

An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other employees in the area.

(9) Trial Period

(a) In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

(b) During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

(c) The minimum amount payable to the employee during the trial period shall be no less than $60.00 per week; or, in the case of paid rates award, the amount payable to the employee during the trial period shall be $60.00 per week or such greater amount as is agreed from time to time between the parties (taking into account the Department of Social Security income test free areas for earnings) and inserted into this Award.

(d) Work trials should include induction or training as appropriate to the job being trialed.

(e) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under subclause (4) of this clause.

13. - JUNIOR EMPLOYEES

(1) Junior Employees shall not be employed in any occupation to which apprentices may be taken pursuant to the Industrial Training Act 1975.

(2) The minimum fortnightly rates of wages for work in ordinary time to be paid to junior employees shall be as follows:

Junior Employees Percentage % of the appropriate Adult total rate

Under 16 years of age 50At 16 years of age 60At 17 years of age 70At 18 years of age 80At 19 years of age Full Adult Rate

14. - APPRENTICES

(1) Subject to the provisions of this clause the Apprenticeship Regulations, 1972, are incorporated in and form part of this award.

(2) Apprentices may be taken to the Green Keeping Branch of the Horticulture Trade.

(3) Every Agreement of Apprenticeship shall be for a period of four years unless, with the approval of the Western Australian Industrial Relations Commission, that period is reduced or deemed to have commenced prior to the date of the agreement.

(4) Where classes are provided by the Department of Training in the locality in which the apprentice is employed, the hours of attendance at such classes shall be eight hours per week for the first, second and third year of the Apprenticeship.

(5) Apprentices may be taken in the ratio of one apprentice for every two or fraction of two (the fraction being not less than one) tradesperson and shall not be taken in excess of that ratio unless:

(a) The union concerned so agree; or,

(b) The Commission so determines.

(6) Apprentices shall be paid in accordance with subclause (2) of Clause 27. - Wages of this award.

15. - SICK LEAVE

(1) Subject as hereinafter provided a full-time employee shall be entitled to payment for non-attendance on the ground of personal ill health or injury for up to 10 working days or 76 hours, whichever is the lesser, each year accrued on a weekly basis.

Part-time employees who are paid a proportion of a full-time employee’s pay or paid according to the number of hours worked shall be entitled to the proportion of the number of hours worked each week that the average number of hours worked each week bears to 38, up to 76 hours each year.

Payment hereunder may be adjusted at the end of each calendar 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 to a greater allowance than that made at the time the sickness occurred.

This clause shall not apply where the employee is entitled to compensation under the Workers' Compensation and Rehabilitation Act 1981 (as amended).

(2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal ill

health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that an employee shall not be entitled to claim payment for any period exceeding 10 weeks in any one year of service.

(3) To be entitled to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of their inability to attend for work, the nature of their 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 two hours of the commencement of the absence.

(4) An employee, who claims to be entitled to paid leave under this clause, is to provide the employer with evidence that would satisfy a reasonable person of the entitlement.

(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 they are 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 only if the employee was confined to their place of residence or a hospital as a result of their personal ill health or injury for a period of seven consecutive days or more and the employee produces evidence that would satisfy a reasonable person that the employee 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 the employee is unable to attend for work on the working day next following their 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 the employee 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 16. - Annual Leave of this award;

(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 16. - Annual Leave of this award shall be deemed to have been paid with respect to the replaced annual leave.

(6) Where a business has been transmitted from one employer to another and the employee's service has been deemed continuous in accordance with Clause 21 - Long Service Leave of this award, the paid sick leave standing to the credit of the employee at the date of transmission from service with the transmitter shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.

(7) An employee shall not be entitled to receive wages from the employer for any time lost through an illness or injury caused by the employee’s own serious and wilful misconduct or gross and wilful neglect.

(8) The provisions of this clause shall not apply to a casual employee.

16. - ANNUAL LEAVE

(1) (a) Except as hereinafter provided a period of four consecutive weeks leave with payment as prescribed in paragraph (b) of this clause shall be allowed annually to an employee by their

employer for each period of 12 months continuous service. Annual leave is accrued pro rata on a weekly basis.

(b) (i) During a period of annual leave an employee shall receive a loading of 17.5 percent calculated on the ordinary rate of wage prescribed in Clause 27. - Wages of this award.

(ii) The annual leave loading provided by this subclause, shall not be payable when annual leave is taken in advance of the entitlement prescribed in subclause (1)(a) of this clause. The loading not paid, for the period of leave taken in advance, shall be payable to the employee at the end of the first pay period following the employee accruing leave provided in subclause (1)(a) of this clause.

(iii) The loading prescribed by this subclause shall not apply to proportionate leave on termination.

(2) If any public holiday, as defined in Clause 17. – Public Holidays, falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there shall be added to that period one 7.6 hour day, being an ordinary working day, for each such holiday observed as aforesaid.

(3) If, after one week's service, an employee lawfully leaves their employment or their employment is terminated by the employer through no fault of the employee, the employee shall be paid 2.923 hours pay at their ordinary rate of wage in respect of each completed week of continuous service.

(4) Any time in respect of which an employee is absent from work, except time for which the employee is entitled to claim public holidays (as defined in Clause 17. – Public Holidays) or paid leave, as prescribed by this award, shall not count for the purpose of determining their right to annual leave.

(5) In the event of an employee being employed by an employer for portion only of a year, the employee shall only be entitled, subject to subclause (3) of this clause, to such leave on full pay as is proportionate to their length of service during that period with such employer and if such leave is not equal to the leave given to the other employees the employee shall not be entitled to work or pay whilst the other employees of such employer are on leave on full pay.

(6) (a) An employee whose employment terminates after they have completed a 12 month qualifying period and has not been allowed the leave prescribed under the clause in respect of that qualifying period shall be given payment in lieu of that leave, or in a case to which subclause (7) of this clause applies in lieu of so much of that leave as has not been allowed unless:

(i) The employee has been justifiably dismissed for serious misconduct; and

(ii) The serious misconduct for which the employee has been dismissed occurred prior to the leave accrual period.

(7) With the consent of the employer and the employee annual leave may be taken in more than one period provided that one of these periods shall not be less than two weeks.

(8) By arrangement between the employer and the employee annual leave may be allowed to accumulate from year to year but where the leave to which an employee is entitled or any portion thereof is allowed to accumulate to meet the convenience of the employee the ordinary wage applicable to the employee at the date at which the employee became entitled to the leave unless the employer agrees in writing that the wage be that applicable at the date the leave commences.

(9) (a) At the request of an employee and with the consent of the employer, annual leave prescribed by this clause may be given and taken before the completion of 12 months continuous service as prescribed in this clause.

(b) If the service of an employee terminates and the employee has taken a period of leave in accordance with this subclause and if the period of leave so taken exceeds that which would

become due pursuant to subclause (1) of this clause. The employer may deduct this amount from monies due to the employee by reason of the other provisions of this award at the time of termination.

(c) The annual leave loading provided by subclause (1) of this clause, shall not be payable when annual leave is taken in advance pursuant to the provisions of this subclause. The loading not paid, for the period of leave taken in advance, shall be payable to the employee at the end of the first pay period following the employee completing the qualifying period of continuous service provided in subclause (1) of this clause.

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

17. – PUBLIC HOLIDAYS

(1) (a) Subject to any other provision of this award, the following days or the days observed in lieu shall be observed as a holiday without deduction of pay: New Year's Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, State 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 this subclause;

(b) When any of the days mentioned in paragraph (a) of this subclause falls on an employee's rostered day off the holiday shall be observed on the next rostered working day. In this case the substituted holiday shall be the holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(2) (a) All work done on a holiday shall be paid at the rate of double time and a half, with a minimum payment as for four hours work;

(b) The minimum payment of four hours provided by paragraph (a) of this subclause, shall not apply in the case of an employee who, having commenced an ordinary hours work period on the day preceding the holiday, works less than four hours on that holiday;

(c) The employer may discharge the obligation to make payment, in accordance with paragraph (a) of this subclause, by paying the employee at the rate of ordinary time for each hour worked and allowing the employee to be rostered off duty in ordinary hours without deduction of pay, for a period equal to the number of hours worked on the holiday multiplied by time and a half. Subject to paragraph (d) of this subclause such rostered time shall be taken within eight weeks of the date of accrual at a time agreed between the employee and employer;

(d) Where such time off in lieu is not taken in accordance with paragraph (c) of this subclause it shall, by agreement between the employer and the employee, be taken in conjunction with a future period of annual leave or the employer discharges their obligations to provide time off in lieu by making payment for the accrued time off when the employee's wages are paid at the end of the next pay period;

(e) Upon termination of an employee's service with an employer, the employee shall be paid for all time off which remains owing to the employee at the time of termination.

(3) The provisions of this clause may be altered by agreement in writing between the union and the employer concerned.

(4) Where:

(a) 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

(b) That proclamation does not apply throughout the State or to the metropolitan area of the State;

that day shall be a whole holiday or, as the case may be, a half holiday for the purpose of this award within the district or locality specified in the proclamation.

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

18. - RECORD

(1) Each employer shall keep a record at each establishment containing the following information relating to each employee:

(a) The names and address given by the employee;

(b) the class of work performed;

(c) the commencing and finishing times of each period of work each day;

(d) the number of ordinary hours and the number of overtime hours worked each day and the totals for each pay period; and

(e) the wages and any allowances paid to each employee each pay period and any deductions made therefrom.

(2) (a) At the time of payment of wages the employee may be given a pay slip showing that part of the record specified in paragraphs (d) and (e) of subclause (1) of this clause with respect to the pay period for which payment is made;

(b) If a pay slip is not given to the employee as prescribed in paragraph (a) of this subclause the employee shall be required to inspect the record and to sign it, if correct, at the time of payment. The employer shall not unreasonably withhold the record from inspection by the employee.

(3) Before exercising a power of inspection the representative shall give reasonable notice of not less than 24 hours to the employer.

(a) The record may be maintained in one or more parts depending on the system of recording used by the employer provided that if the record is maintained in more than one part, those parts shall be kept in such a manner as will enable the inspection referred to in subclause (2) and (4) of this clause to be conducted at the one establishment;

(b) The employer may, if it is part of normal business practice, periodically send the record or any part of the record to another person, provided that the provision of this paragraph shall not relieve the employer from the obligations with respect to provisions contained elsewhere in this clause;

(c) Subject to this clause the record shall be available for inspection by a duly authorised official of the union on the employers premises from Monday to Friday between the hours of 9.00am and 5.00pm (excepting the period of 1.00pm and 2.00pm). In the case of any establishment which is only open for business after 5.00pm on a Saturday or Sunday the record shall be open for inspection during all business hours of that establishment;

Provided that nothing in this subclause shall empower a duly accredited official of the union to enter any part of the premises of the employer, pursuant to this subclause, unless the employer is the employer or former employer of a member of the Union.

(d) The union official shall be permitted reasonable time to inspect the record, and if he/she requires take an extract or copy of any of the information contained therein.

(4) (a) If for any reason, the record is not available for inspection by the union official when the request is made, the union official and the employer or his/her agent may fix a mutually convenient time for the inspection to take place;

(b) If a mutually convenient time cannot be fixed, the union official may advise the employer in writing that he/she requires to inspect the record in accordance with the provisions of this award and shall specify the period contained in the record which the union official requires to inspect;

(c) Within 10 days of receipt of such advice:

(i) employers who normally keep the record at a place more than 40 kms from GPO Perth shall send a copy of the record specified to the office of the union; and

(ii) employers who normally keep the record at a place less than 40 kms from GPO Perth shall make the record available to the union official at the time specified by that official. If the record is not then made available to the union official the employer shall within three days send a copy of that part of the record specified to the office of the union.

(d) In the event of a demand made by the union which the employer considers unreasonable the employer may apply to the Western Australian Industrial Relations Commission for direction. An application to the Western Australian Industrial Relations Commission by an employer for direction will, subject to that direction, stay the requirements contained elsewhere in this subclause.

19. - REPRESENTATIVE INTERVIEWING EMPLOYEES

Provided further that nothing in this subclause shall empower a duly accredited official of the union to enter any part of the premises of the employer, pursuant to this subclause, unless the employer is the employer or former employer of a member of the Union.

An accredited representative of the union shall, with the consent of the employer, be permitted to inspect the working place of the employer at all reasonable times and interview the employees covered by this award.

20. - BOARD OF REFERENCE

(1) The Western Australian Industrial Relations Commission hereby appoints, for the purposes of this award, a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to Section 48 of the Industrial Relations Act, 1979.

(2) The Board of Reference is hereby assigned the function of allowing, approving, fixing, determining or dealing with any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference.

21. - LONG SERVICE LEAVE

Employees covered by this Award shall be entitled to Long Service Leave in accordance with the Long Service Leave General Order of the Western Australian Industrial Relations Commission, that is published in Part I (January) of each volume of the Western Australian Industrial Gazette.

22. - HIGHER DUTIES

An employee who is capable of performing and does perform all duties of a position which carries a higher rate of pay than that which the employee usually performs for a period of two hours or more in any one shift shall be entitled to the higher rate whilst so engaged.

23. - GENERAL CONDITIONS

(1) An employee, whilst using fumigants, fertilisers, hormones and/or other chemicals, shall be supplied with suitable protective clothing by the employer. Such clothing shall remain the property of the employer.

(2) Each employee shall have access to adequate washing and toilet facilities.

(3) The employer shall provide each employee with one pair of work shoes and/or work boots, suitable for the requirements of the job, upon the completion of three months' service. Such footwear shall be renewed as and when required but no employee shall be entitled to more than one pair of work shoes and/or work boots in each year of service. Such footwear shall remain the property of the employer.

(4) Each employee, called upon to work in the rain, shall be supplied by the employer with oilskins, gumboots and/or other protective clothing. Such clothing shall remain the property of the employer.

(5) An adequate first aid kit shall be provided by the employer at a place readily accessible to employees.

(6) All protective equipment and first aid kits shall be as required under the Occupational Safety and Health Act 1984 (as amended) and Occupational Safety and Health Regulations 1996 (as amended).

(7) If any disputes arise in respect of any of the provisions in this clause the matter shall be referred to the Board of Reference for determination.

24. - MOTOR VEHICLE ALLOWANCE

(1) Where an employee is required and authorised to use their own motor vehicle or motor cycle in the course of their duties, the employee shall be paid an allowance not less than that provided for in the tables set out hereunder. Notwithstanding anything contained in the subclause, the employer and the employee may make any other arrangement as to car allowance not less favourable to the employee.

(2) Where an employee in the course of a journey travels through two or more of the separable areas, payment at the rates prescribed herein shall be made at the appropriate rate applicable to each of the separate areas traversed.

(3) A year, for the purpose of this clause, shall commence on the 1st day of July and end on the 30th day of June next following.

(4) Rate of hire for use of employee's own vehicle on employer's business (cents per kilometre)

Area Details Engine Displacement (in cubic centimetres)Over 2600cc Over 1600cc -

& 2600cc1600cc Under

Rate per kilometre (Cents)

Metropolitan Area 58.9 52.7 45.8

South West Land Division 60.3 54.1 47.1

North of 23.5 o South Latitude 66.2 59.6 51.8

Rest of the State 62.3 55.8 48.4

Motor vehicles with rotary engines are to be included in the 1600-2600cc category.

(5) Motor Cycle Allowance

Distance travelled during a year on Official Business Rate per Kilometre

(cents)All areas of the State 20.4

25. - FARES AND TRAVELLING TIME

(1) An employee who, on any day or from day to day, is required to work at different clubs or away from their usual place of employment shall, at the direction of their employer, present themselves for work at such place as required by their employer at the usual starting time.

(2) For all employees required on any day to report direct to the job, the following allowance shall be paid to compensate for excess fares and travelling time from the employee's home to their place of work and return.

(a) On places within a radius of 27 kilometres from the GPO, Perth - $1.20 a day;

(b) For each additional kilometre up to 48 kilometres 49 cents per kilometre;

(c) Subject to the provisions of paragraph (d) of this subclause work performed at places beyond 48 kilometres from the GPO Perth shall be deemed to be outside work unless the employer and the employees, with the consent of the union, agree in any particular case that the travelling allowance for such work shall be paid under this clause, in which case an additional allowance of 7 cents per kilometre shall be paid for each kilometre in excess of 48 kilometres;

(d) In respect of work carried out from an employer's depot situated more than 48 kilometres from the GPO Perth, the main Post Office in the town in which such depot is situated is substituted as the centre for the purpose of calculating the allowance to be paid to employees as follows:

(i) On places of work within a radius of three kilometres from such Post Office – Nil;

(ii) On places of work beyond a radius of three kilometres but within a radius of 20 kilometres from such Post Office - $1.20 per day;

(iii) For each additional kilometre up to 48 kilometres - 49 cents per kilometre.

(e) Where transport to and from the job is provided by the employer from and to the depot or such other place more convenient to the employee as is mutually agreed upon between the employer and the employee, half the above rates shall be paid: Provided that the conveyance used for such transport is provided with suitable seating and weatherproof covering.

(3) Where an employee is required to attend a job at such distance that the employee cannot return to their home each night the employer shall reimburse the employee for all reasonable expenses incurred. All travelling time, up to a maximum of eight hours in any one day, shall be paid for at ordinary rates of pay.

26. - PAYMENT OF WAGES

(1) (a) The employer may elect to pay employees in cash, by cheque or by means of a credit transfer to a bank, building society or credit union account in the name of the employee. The day that the credit transfer is credited to the employee's account shall be deemed to be the date of payment.

(b) Payment shall be made within three trading days from the last day of the pay period and if in cash or by cheque shall be made during the employee's ordinary working hours.

(c) No employer shall change its method of payment to employees without first giving them at least four weeks' notice of such change.

(2) (a) The employer shall pay employees weekly or fortnightly in accordance with subclause (1) of this clause.

(b) The method of introducing a fortnightly pay system shall be by the payment of an additional week's wages in the last weekly pay before the change to fortnightly pays to be repaid by equal fortnightly deductions made from the next and subsequent pays provided the period for repayment shall not be less than 20 weeks or some other method agreed upon by the employer and the employee.

(3) Employees, who are paid by cash or cheque, whose day off falls on a pay day shall be paid their wages upon request from the employee to the employer, prior to the employee taking the day off.

(4) An employee who lawfully terminates their employment, or is dismissed for reasons other than serious misconduct, shall be paid all wages due to the employee by the employer on the day of termination of their employment or as soon as practicable after the date of termination of their employment.

27. - WAGES

The following shall be the minimum rates of wages payable to employees covered by this award.

CLASSIFICATIONS Total Rate Per Fortnight$

(1) Adult Employees

Trainee 1417.90Groundsperson Grade 1 1421.60Groundsperson Grade 2 1429.40Assistant Greenkeeper 1478.70Greenkeeper Tradesperson Grade 1 1620.30Greenkeeper Tradesperson Grade 2 1641.40

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) Apprentices (Percentage of Greenkeeper Tradesperson Grade 1)

%First Year 42Second Year 55Third Year 75Fourth Year 88

(3) Leading Hands (Greenkeeper Tradesperson)

In addition to the appropriate rate prescribed in subclause (1) of this clause a Leading Hand shall be paid:

Extra Per Fortnight$(a) If placed in charge of up to three other employees including at least 19.90

one other Greenkeeper(b) If placed in charge of more than three other employees including at

least one other Greenkeeper43.90

(4) Minimum Adult Award Wage

(a) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(b) The minimum adult award wage for full-time employees aged 21 or more is $708.90 per week payable on and from the commencement of the first pay period on or after 1 July 2017.

(c) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

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

(i) Apply to all work in ordinary hours.

(ii) 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.

(i) 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 2017 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.

(j) Adult Apprentices

(i) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $607.60 per week on and from the commencement of the first pay period on or after 1 July 2017.

(ii) 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.

(iii) 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.

(iv) 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

28. - LOCATION ALLOWANCES

(1) Subject to the provisions of this clause, in addition to the rates prescribed in the wages clause of this award, an employee shall be paid the following weekly allowances when employed in the towns prescribed hereunder. Provided that where the wages are prescribed as fortnightly rates of pay, these allowances shall be shown as fortnightly allowances.

TOWN PER WEEK

Agnew $21.30Argyle $57.00Balladonia $22.00Barrow Island $37.10Boulder $9.10Broome $34.30Bullfinch $10.00Carnarvon $17.60Cockatoo Island $37.60Coolgardie $9.10Cue $21.90Dampier $29.90Denham $17.60Derby $35.70Esperance $6.20Eucla $23.90Exmouth $31.30Fitzroy Crossing $43.30Halls Creek $50.00Kalbarri $7.60Kalgoorlie $9.10Kambalda $9.10Karratha $35.90Koolan Island $37.60Koolyanobbing $10.00Kununurra $57.00Laverton $21.80Learmonth $31.30Leinster $21.30Leonora $21.80Madura $23.00Marble Bar $55.20Meekatharra $18.90Mount Magnet $23.70Mundrabilla $23.50Newman $20.50Norseman $18.80Nullagine $55.10Onslow $37.10Pannawonica $27.80

Paraburdoo $27.70Port Hedland $29.70Ravensthorpe $11.30Roebourne $41.30Sandstone $21.30Shark Bay $17.60Southern Cross $10.00Telfer $50.80Teutonic Bore $21.30Tom Price $27.70Whim Creek $35.50Wickham $34.30Wiluna $21.60Wyndham $53.40

(2) Except as provided in subclause (3) of this clause, an employee who has:

(a) a dependant shall be paid double the allowance prescribed in subclause (1) of this clause;

(b) a partial dependant shall be paid the allowance prescribed in subclause (1) of this clause plus the difference between that rate and the amount such partial dependant is receiving by way of a district or location allowance.

(3) Where an employee:

(a) is provided with board and lodging by his/her employer, free of charge; or

(b) is provided with an allowance in lieu of board and lodging by virtue of the award or an order or agreement made pursuant to the Act;

such employee shall be paid 662/3 per cent of the allowances prescribed in subclause (1) of this clause.

(4) Subject to subclause (2) of this clause, junior employees, casual employees, part time employees, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.

(5) Where an employee is on annual leave or receives payment in lieu of annual leave he/she shall be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled.

(6) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he/she shall only be paid location allowance for the period of such leave he/she remains in the location in which he/she is employed.

(7) For the purposes of this clause:

(a) "Dependant" shall mean -

(i) a spouse or defacto partner; or

(ii) a child where there is no spouse or defacto partner;

who does not receive a location allowance or who, if in receipt of a salary or wage package, receives no consideration for which the location allowance is payable pursuant to the provisions of this clause.

(b) "Partial Dependant" shall mean a "dependant" as prescribed in paragraph (a) of this subclause who receives a location allowance which is less than the location allowance prescribed in

subclause (1) of this clause or who, if in receipt of a salary or wage package, receives less than a full consideration for which the location allowance is payable pursuant to the provisions of this clause.

(8) Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of subclause (1) of this clause shall be such amount as may be agreed between Australian Mines and Metals Association, the Chamber of Commerce and Industry of Western Australia and UnionsWA or, failing such agreement, as may be determined by the Commission.

(9) Subject to the making of a General Order pursuant to s.50 of the Act, that part of each location allowance representing prices shall be varied from the beginning of the first pay period commencing on or after the 1st day in July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing), for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest ten cents.

29. - BEREAVEMENT LEAVE

(1) An employee on the death of:

Partner or de facto partner

Child or step child

Parent or step parent

Sibling or step sibling

Grandparent or step grandparent

Any person, who immediately before that person's death, lived with the employee as a member of the employee's family

is entitled to paid bereavement leave of up to the number of hours worked by the employee in two ordinary working days, which do not have to be consecutive.

(2) Evident of entitlement to bereavement leave that would satisfy a reasonable person is to be furnished to the employer.

(3) Bereavement leave is not to be taken during any other type of leave.

30. - DEFINITIONS

"Trainee" shall mean an employee who has had no previous experience in the industry and is appointed as such for a maximum period of three months. Following the satisfactory completion of three months service, or lesser period as agreed, the employee shall be paid in accordance with the wage rate specified for a Groundsperson Grade 1.

"Groundsperson Grade 1" shall mean an employee able to perform all labouring and gardening duties required and in addition is able to operate plant and equipment excluding green cutting equipment.

"Groundsperson Grade 2" shall mean an employee with at least 12 months experience in the industry and is able to perform all labouring, gardening and plant duties. In addition the employee may have some basic servicing knowledge of plant and is able to assist the Greenkeeper in their duties.

"Assistant Greenkeeper" shall mean an employee who has had three years experience in the industry and is an understudy to the Greenkeeper and is capable of performing all tasks required of them by the Greenkeeper including the operation of all plant and equipment. In addition the employee will possess a sound knowledge of the use of chemicals.

"Greenkeeper Tradesperson Grade 1" shall mean an employee who has successfully completed a recognised Apprenticeship in the Turf Management branch of the Horticultural Trade, and who produces proof satisfactory to the employer of such qualification or who has by other means achieved a standard of knowledge equivalent thereto and is appointed, in writing, as such by the employer.

"Greenkeeper Tradesperson Grade 2" shall mean an employee who has successfully completed a recognised Apprenticeship in the Turf Management branch of the Horticultural Trade, and who produces proof satisfactory to the employer of such qualification and who has had at least three years post-apprenticeship experience and demonstrated higher skills in turf management relevant to the employer's business.

"Spread of Shift" shall mean the time that elapses from the employee's actual starting time to the employee's actual finishing time on each work period.

"Non-working Day" shall mean any day upon which an employee, pursuant to the terms of the contract of employment, is not available to the employer for the purposes of rostering the ordinary hours of work.

"Rostered Day Off" shall mean any day (other than a "Non- Working Day" as defined) upon which an employee is not rostered to work any ordinary hours of work; provided that an employee's rostered day off shall be a period of 24 hours commencing from the completion of an ordinary hours work period.

31. - SUPERANNUATION

The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993 (collectively the superannuation legislation). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

(1) Definitions

For the purposes of this clause:

(a) “Fund” means a complying superannuation fund as that term is used in the superannuation legislation.

(b) “Ordinary time earnings” means the actual ordinary rate of pay the employee receives for ordinary hours of work including tool allowance, industry allowance, trade allowance, shift loading, special rates, qualification allowances (e.g. first aid, laser safety officer), multi-storey allowance, district/location allowance, piecework rates, underground allowance, award site allowances, asbestos eradication allowance, leading hand allowances, in charge of plant allowance and supervisory allowances where applicable. The term includes any regular over-award pay as well as casual rates received for ordinary hours of work. All other allowances and payments are excluded.

(2) Employer contributions

An employer must, in accordance with the governing rules of the relevant Fund, make such superannuation contributions for the benefit of an employee as will avoid the employer being required to pay superannuation guarantee charge under the superannuation legislation with respect to that employee. For the purposes of the superannuation legislation, an employee's ordinary time earnings are intended to provide that employee's notional earnings base. Employer contributions must be paid monthly, with the first payment being made at the end of the first month following engagement. Contributions must be equal to that required under the superannuation legislation.

(3) Voluntary employee contributions

(a) Subject to the governing rules of the relevant Fund, an employee who wishes to make contributions to the Fund may either forward their own contribution directly to the Fund

administrators or authorise the employer to pay into the Fund from the employee’s wages, amounts specified by the employee.

(b) Employee contributions to the Fund deducted by the employer at the employee’s request shall be held on the employee’s behalf and subject to individual agreement shall meet the following conditions:

(i) The amount of contributions shall be expressed in whole dollars.

(ii) An employee shall have the right to adjust the level of contribution made on their own behalf from the first of the month following the giving of three months’ written notice to the employer.

(iii) Contributions deducted under this clause shall be forwarded to the Fund at the same time as contributions under subclause (2).

(4) Superannuation Fund

(a) An employer must, in accordance with the governing rules of the relevant Fund, make superannuation contributions to a Fund.

(i) The employee may nominate a complying superannuation fund or scheme; or

(ii) Nominate one of the recommended Industry Funds, i.e. C+BUS, the AWU Guardian or the Westscheme Superannuation Scheme;

(iii) Furthermore, the company shall notify the employee that they can choose any superannuation fund or scheme and that their choice does not need to be approved by the company.

The company and the employee are bound by the employee’s choice of fund unless there is agreement between them to change the fund. The company shall not unreasonably refuse to a change of fund requested by the employee.

If the employee is a member of a union bound by this award, the employee may be represented by that union in meeting and conferring with the employer about the matter and the employer must give the union a reasonable opportunity to meet and confer about the matter.

Note: the consent of the union is not required to any agreement between the employer and the employee.

The agreement must be recorded in the time and wages records kept by the employer in accordance with Clause 18. – Record of this award.

If a dispute or difficulty arises over the implementation or continued operation of this provision, it must be handled in accordance with the dispute resolution procedure in Clause 39. – Dispute Settlement Procedure.

(b) An employer is not required to contribute to more than one Fund in respect of an employee employed under this award.

32. - ROSTER

(1) A roster of the working hours shall be exhibited in each establishment in such places as it may be conveniently and readily seen by each employee concerned.

(2) Such roster shall show:

(a) The name of each employee;

(b) the hours to be worked by each employee each day and the breaks in shift to be taken.

(3) The roster shall be open for inspection to a duly accredited representative of the union at such times as the "Record" is so open for inspection.

(4) The roster shall be drawn up in such a manner as to show the ordinary working hours of each employee (other than a casual employee) for at least a fortnight in advance of the date of the roster and may only be altered on account of the sickness of an employee, or by mutual consent between the employee and the employer, or by the employer giving at least three days’ notice of such alteration to the employee.

33. - TRAINING

(1) The parties to this award recognise that in order to increase the efficiency, productivity and competitiveness of industry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:

(a) Developing a more highly skilled and flexible workforce;

(b) Providing employees with career opportunities through appropriate training to acquire additional skills;

(c) Removing barriers to the utilisation of skills required.

(2) After the insertion of the new classification structure the employer shall review the existing training programme consistent with:

(a) The current and future skill needs of the enterprise or industry;

(b) The size, structure and nature of the operations of the enterprise;

(c) The need to develop vocational skills relevant to the enterprise or industry through courses conducted on-the-job or by accredited institutions and providers.

(3) (a) Where, arising from the training programme developed in accordance with subclause (1) of this clause the employer determines that an employee should undertake additional training, that training may be undertaken either on or off-the-job. Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of ordinary pay;

(b) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employers technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement shall also be on annual basis subject to the presentation of reports of satisfactory progress. Provided further that where an employer reimburses an employee for the cost of textbooks, those textbooks shall be retained in the employers technical library.

34. - AWARD MODERNISATION/ENTERPRISE AGREEMENTS

(1) The parties are committed to modernising the terms of the award to show it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.

(2) In conjunction with testing the new award structure the union is prepared to discuss all matters raised by the employers for increased flexibility. As such any discussion with that union must be premised on the understanding that:

(a) The majority of employees at each enterprise must genuinely agree;

(b) No employee will suffer a reduction in earnings in respect of their ordinary hours of work;

(c) The union must be party to the agreement;

(d) Where the agreement represents the consent of the employer and the majority of the employees concerned, the union will not unreasonably oppose any agreement;

(e) Agreements will be ratified by the Western Australian Industrial Relations Commission.

(3) Should an agreement be reached pursuant to this clause at a particular enterprise and that agreement required award variation, the parties will not oppose that award for that particular provision for that particular enterprise.

(4) The parties agree that under this heading any award matter can be raised for discussion.

(5) Employees within each grade are to perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions.

35. – PARENTAL LEAVE

(1) Basic Entitlements

(a) An employee, other than a casual employee, and their partner are entitled to unpaid parental leave totalling 52 weeks in respect of:

(i) The birth of a child; or

(ii) The placement of a child with the view to the adoption of the child by the employee.

(b) To obtain parental leave, an employee must satisfy the following basic requirements:

(i) The employee has, before the expected date of birth or placement, completed at least 12 months continuous service with the employer;

(ii) The employee has given the employer at least ten weeks written notice of their intention to take the leave, unless due to circumstances it is impractical or unreasonable to do so;

(iii) Complied with paragraph (c) of this subclause.

(c) Except for a period of one week at the time of the birth or placement, an employee and their partner must take parental leave at different times.

(d) The entitlement to parental leave is reduced by any period of parental leave taken by the employee’s partner in relation to the same child, except for the period of one week’s leave referred to in paragraph (c) of this subclause.

(e) An employee may take other leave (for example, annual leave) in conjunction with parental leave, but this will reduce the amount of parental leave they may take in accordance with subclause (6) of this clause.

(f) An employee who takes parental leave is, in most circumstances, entitled to return to the position which they held before the leave was taken.

(g) The absence of an employee on parental leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose in terms of this award.

(2) Definitions

''Adoption''

in relation to a child, is a reference to a child who:

(a) Is not the natural child or the step-child of the employee or the employee’s partner;

(b) Is less than 5 years of age;

(c) Has not lived continuously with the employee for six months or longer.

''Employee'' includes a part-time employee, but not a casual or seasonal employee;

''Continuous service'' means service (otherwise than as a casual or seasonal employee) under an unbroken contract of employment, and includes a period of leave, or a period of absence, authorised:

(a) By the employer; or

(b) By an award or order of a court or tribunal or a workplace agreement certified by such a body; or

(c) By a contract of employment.

''Expected date of birth'' means the day certified by a medical practitioner to be the day on which the medical practitioner expects the employee or the employee’s partner, as the case may be, to give birth to a child.

''Medical certificate'' means a certificate signed by a registered medical practitioner.

''Placement' ' means the placement, by an adoption agency, of a child with an employee for adoption.

"Partner" means a spouse or de facto partner

(3) Notice Requirements

The written notice required in placitum (ii) of paragraph (b) of subclause (1) shall include:

(a) A specification of the first and last days of the period of leave, provided that a female employee who has given notice of her intention to take parental leave, other than for adoption, is to start the leave six weeks before the expected date of birth unless in respect of any period closer to the expected date of birth a medical practitioner has certified that the employee is fit to work;

(b) In the case where parental leave is taken for the birth of a child, the employee must give to the employer:

(i) A medical certificate that states that the employee or the employee’s partner is pregnant and specifies the estimated date of birth;

(ii) A statutory declaration that:

(aa) Supports the particulars notified;

(bb) The employee will be the child's primary care-giver throughout the period of parental leave; and

(cc) That the employee will not engage in any conduct inconsistent with their contract of employment while on parental leave

(c) In the case where parental leave is taken for the adoption of a child, the employee must give to the employer:

(i) A statement from the adoption agency of the proposed date of placement of the child; and

(ii) A statutory declaration that:

(aa) The child will be at the proposed date of the placement, or was, at the date of the placement, as the case requires, under the age of 5 years; and

(bb) Is not a child or step-child of the employee or the employee's partner; and

(cc) Will not have, at the proposed date of the placement, or had not, at the date of the placement, as the case requires, previously lived with the employee for a continuous period of 6 months or more.

(dd) The employee will be the child's primary care-giver throughout the period of parental leave.

(ee) Will not engage in any conduct inconsistent with the employee's contract of employment while on adoption leave.

(d) An employee who has given notice of their intention to take parental leave is to notify the employer, in the form of a statutory declaration, of particulars of any period of parental leave taken or to be taken by the employee’s partner in relation to the same child.

(e) An employee who is taking parental leave is to notify the employer of any change to the date on which the employee wishes to start or finish the leave.

(f) The starting and finishing dates of a period of parental leave is, subject to this subclause, to be agreed between the employer and employee.

(4) Transfer to Safe Job

(a) Where, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee 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 the parental leave.

(b) Where the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a registered medical practitioner. Such leave shall be treated as parental leave for purposes of this section.

(5) Variation to Period of Parental Leave

(a) Provided the maximum period of parental leave does not exceed the period to which the employee is entitled under subclause (7) hereof:

(i) The period of parental leave may be lengthened once only by the employee giving not less than 14 days’ notice in writing stating the period by which the leave is to be lengthened;

(ii) The period may be further lengthened by agreement between the employee and the employer.

(b) The period of maternity leave may, with the consent of the employer, be shortened by the employee giving not less than 14 days’ notice in writing stating the period by which the leave is to be shortened.

(6) Special Parental Leave

(a) Where an employee is not yet on parental leave and her pregnancy terminates after 28 weeks other than by the birth of a living child, the employee shall be entitled to:

(i) Such period of unpaid leave as a registered medical practitioner certifies as necessary before her return to work; and/or

(ii) For illness other than the normal consequences of confinement, paid sick leave to which she is entitled and which a registered medical practitioner certifies as necessary for her return to work.

(b) The aggregate of parental leave, special parental leave and sick leave shall not exceed the period of leave granted under subclause (7) of this clause.

(7) Period of Entitlement

An employee who qualifies for parental leave under this subclause, is entitled to a period of 52 weeks unpaid leave, less the total of:

(a) Each period of unpaid leave, or paid sick leave, other than parental leave, that the employer has already granted to the employee in respect of the same pregnancy; and

(b) Each period of annual leave, or long service leave, that the employee has applied for instead of, or in conjunction with, parental leave in respect of the pregnancy; and

(c) Each period of special parental leave; and

(d) Each period of parental leave taken by the employee’s partner and specified in paragraph (d) of subclause (3) of this clause.

(8) Effect on Parental Leave of Failure to Complete 12 months Continuous Service

If parental leave has been granted on the basis that it is reasonable to expect that the employee will complete a period of at least 12 months continuous service with the employer on a particular day, the employer may cancel the leave if the employee does not complete such a period on that day.

(9) Effect on Parental Leave in Certain Circumstances

(a) This subclause applies if an employer has granted parental leave to an employee and:

(i) The pregnancy terminates otherwise than by the birth of a living child; or

(ii) The employee gives birth to a living child but the child later dies; or

(iii) The adoption of a child does not take place; or

(iv) The adoption of a child takes place but does not continue.

(b) The employer may cancel the parental leave at any time before it begins.

(c) If the parental leave has begun, the employee may notify the employer in writing that they wish to return to work.

(d) If they do so, the employer must notify them in writing of the day on which they are to return to work. That day must be within four weeks after the employer received the notice under subclause (3) of this clause.

(e) If the parental leave has begun, the employer may notify the employee in writing that they must return to work on a specified day that is not less than four weeks after the notice is given.

(f) If the employee returns to work, the employer must cancel the rest of the parental leave.

(10) Effect on Parental Leave if Employee Ceases to be Primary Caretaker of Child

(a) This subclause applies if:

(i) For a substantial period beginning on or after the beginning of an employee's parental leave, the employee is not the child's primary care-giver; and

(ii) Having regard to the length of that period and to any other relevant circumstances, it is reasonable to expect that the employee will not again become the child's primary care-giver within a reasonable period.

(b) The employer may notify the employee in writing that they must return to work on a specified day that is not less than four weeks after the notice is given.

(c) If the employee returns to work, the employer must cancel the rest of the leave.

(11) Return to Work After Parental Leave

(a) This subclause applies when an employee returns to work after a period of parental leave.

(b) The employer must employ the employee in the position they held immediately before starting parental leave, provided that in the case of a female employee:

(i) If she was transferred to a safe job because of her pregnancy, the position shall be the one immediately before the transfer; or

(ii) If she began working part-time because of the pregnancy, the position shall be the one immediately before she so began.

(c) If that position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee shall be entitled to a position as nearly comparable in status and pay to that of their former position.

(12) Replacement Employee

An employer must not employ a person:

(a) To replace an employee while they are on parental leave; or

(b) To replace an employee who, while another employee is on parental leave, is to perform the duties of the position held by the other employee;

Unless the employer has informed the person:

(c) That their employment is only temporary; and

(d) About the rights of the employee who is on parental leave.

(13) Termination of Employment

(a) An employee on parental leave may terminate their employment at any time during the period of leave by notice given in accordance with this award.

(b) An employer shall not terminate the employment of an employee on the grounds of her pregnancy or of their absence on parental leave, but otherwise the rights of the employer in relation to termination of employment are not hereby affected.

36. - REDUNDANCY

(1) Discussions Before Terminations

(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with the union.

(b) The discussions shall take place as soon as is practicable after the employer has made a definite decision that would invoke the provisions of subclause (1) paragraph (a) hereof and shall cover, among other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effect of any terminations on the employees concerned.

(c) For the purpose of the discussion the employer shall, as soon as practicable, provide in writing to the employees concerned and the union, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would be unfavourable to the employer’s interests.

(2) Transfer to Lower Paid Duties

Where an employee is transferred to lower paid duties for reasons set out in subclause (1) hereof, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if their employment had been terminated, and the employer may at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

(3) Severance Pay

In addition to the period of notice prescribed for ordinary termination in Clause 9. - Contract of Service, subclause (1) paragraph (a), and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in subclause (1) paragraph (a) hereof, shall be entitled to the following amount of severance pay in respect of a continuous period of service.

Period of Continuous Service Severance Pay

1 year or less Nil

1 year and up to the completion of 2 years 4 weeks

2 year and up to the completion of 3 years 6 weeks

3 year and up to the completion of 4 years 7 weeks

4 years and over 8 weeks

“Week’s Pay” means the ordinary time rate of pay for the employee concerned. Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.

(4) Employee Leaving During Notice

An employee whose employment is terminated for reasons set out in subclause (1) paragraph (a) hereof, may terminate their employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice.

Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(5) Alternative Employment

An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

(6) Time Off During Notice Period

(a) During the period of notice of termination given by the employer an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

(7) Notice to Centrelink

Where a decision has been made to terminate employees in the circumstances outlined in subclause (1) paragraph (a) hereof, the employer shall notify Centrelink thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(8) Superannuation Benefit

Subject to an order of the Commission, where an employee who is terminated receives a benefit from a superannuation scheme, the employee shall only receive under subclause (3) hereof, the difference between the severance pay specified in that subclause and the amount of the superannuation benefit the employee receives, that is attributable to employer contributions only.

If the superannuation benefit is equal to, or greater than the amount due under subclause (3) hereof, then the employee shall receive no payment under that subclause.

“Superannuation Scheme” in this subclause, shall mean a scheme other than one implemented solely for purposes of compliance with Clause 31. - Superannuation of this Award, or an Order of the Western Australian Industrial Relations Commission.

(9) Transmission of Business

(a) Where, before or after the date of this award, a business is transmitted from an employer (in this subclause called “the transmittor”) to another employer (in this subclause called “(the transmittee”), an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

(i) The continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

(ii) The period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

(b) In this subclause “business” includes trade, process, business or occupation and includes part of any such business and “transmission” includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and “transmitted” has a corresponding meaning.

(10) Employees With Less Than One Year’s Service

This clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alterative employment.

(11) Employees Exempted

This clause shall not apply where employment is terminated as a consequence of serious misconduct justifying instant dismissal, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specified task or tasks.

(12) Employers Exempted

Subject to an order of the Commission, in a particular redundancy case, this clause shall not apply to employers who employ less than 15 employees.

(13) Incapacity to Pay

An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied on the basis of the employer’s incapacity to pay.

37. – CARER’S LEAVE

(1) Use of Sick Leave

(a) An employee with responsibilities in relation to either members of their family or members of their household who need their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement for absences to be the primary care giver of a member of the their family or household who is ill or injured and in need of immediate care and attention. Such leave shall not exceed five (5) days in any calendar year and is not cumulative.

(b) The employee shall, if required, provide a written statement as to the fact of illness of the person for whom the care and support is required.

(c) The entitlement to use sick leave is subject to:

(i) The employee being responsible for the care of the person concerned; and

(ii) The person concerned being either a member of the employee’s immediate family or a member of the employee’s household.

(iii) The term “immediate family” includes:

(aa) A partner (including a former partner), of the employee; and

(bb) A child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee.

(d) The employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

(2) Use of Unpaid Leave

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family member who is ill or injured.

38. – DISPUTE SETTLEMENT PROCEDURE

(1) At first instance the matter shall be raised at site level with the foreperson/supervisor/manager as appropriate.

In the event of a problem, grievance, question, dispute, claim or difficulty that affects one ore more employees, or arises from the employees work or contract of employment, the following procedure shall apply:

(2) In the event that the matter is unresolved it shall be raised at the Company level by the employee, shop steward or Union Official involved.

(3) If the matter is still not resolved it may be referred to the Western Australian Industrial Relations Commission for determination, and if necessary arbitration.

(4) The parties will attempt to resolve the matter prior to either party referring the matter to the Western Australian Industrial Relations Commission.

APPENDIX I – MAKE UP OF TOTAL WAGE

This appendix is provided purely for historical reference purposes – refer to Clause 27. – Wages for current wages.

CLASSIFICATIONS Base Rate Arbitrated Safety Net Adjustment

Total Rate

Per Fortnight$ $ $

(1) Adult Employees

Trainee 650.80 0 1417.90Groundsperson Grade 1 654.40 0 1421.60Groundsperson Grade 2 661.70 0 1429.40Assistant Greenkeeper 708.50 0 1478.70Greenkeeper Tradesperson Grade 1 834.40 0 1620.30Greenkeeper Tradesperson Grade 2 853.90 0 1641.40

SCHEDULE A – PARTIES TO THE AWARD

UNIONS

The Australian Workers' Union, West Australian Branch,Industrial Union of WorkersCnr Moore & Lord StreetsEAST PERTH WA 6004

SCHEDULE B - RESPONDENTS

Albany Bowling Club (Inc)Barrett Street,ALBANY WA 6330

Armadale District Bowling Club (Inc)Millman Way,ARMADALE WA 6112

Bayswater Bowling & Recreation Club (Inc)58 Murray Street,BAYSWATER WA 6053

Bedford Bowling Club (Inc)1456 Grand Promenade,BEDFORD WA 6052

Carnarvon Bowling Club (Inc)12 Rushton Street,CARNARVON WA 6701

Collie Bowling Club (Inc)Medic Street,COLLIE WA 6225

Cottesloe Golf Club (Inc)173 Alfred Road,SWANBORNE WA 6010

Dalkeith-Nedlands Bowling Club (Inc)Jutland Road,DALKEITH WA 6009

Donnybrook Golf Club (Inc)Southwest Highway,DONNYBROOK WA 6239

East Fremantle Bowling Club (Inc)Fletcher Street,EAST FREMANTLE WA 6158

Floreat Park Bowling Club (Inc)Howtree Place,FLOREAT PARK WA 6014

Geraldton Bowling Club (Inc)Onslow Street,GERALDTON WA 6530

Harvey Golf Club (Inc)Myalup Road,HARVEY WA 6220

Hollywood/Subiaco Bowling Club (Inc)Smythe Road,NEDLANDS WA 6009

Kalgoorlie Bowling Club (Inc)Maritana Street,KALGOORLIE WA 6430

Kwinana Bowling Club (Inc)Brownell Crescent,MEDINA WA 6167

Kwinana Golf Club (Inc)Summerton Road,CALISTA WA 6167

Leederville Sporting Club (Inc)Cambridge Street,WEST LEEDERVILLE WA 6007

Manning Memorial Bowling Club (Inc)Challenger Avenue,MANNING WA 6152

Mt Barker Golf Club (Inc)Albany Highway,MT. BARKER WA 6324

Mt Lawley Bowling Club (Inc)Cnr. Storthers & Rookwood Sts,

MT. LAWLEY WA 6050

Mt Lawley Golf Club (Inc)Walter Road,INGLEWOOD WA 6052

Nedlands Golf Club (Inc)Melvista Avenue,NEDLANDS WA 6009

Nollamara Sports and Recreation Club (Inc)Lemana Road,NOLLAMARA WA 6061

Northam Bowling Club (Inc)Robinson Street,NORTHAM WA 6401

Osborne Park Bowling Club (Inc)Park Street,TUART HILL WA 6060

Pinjarra Golf Club (Inc)Pinjarra Road,PINJARRA WA 6208

Riverton Rossmoyne Bowling &Recreation Club (Inc),Tuscan Street,ROSSMOYNE WA 6148

Rockingham Golf Club (Inc)Elanora Drive,ROCKINGHAM WA 6168

Royal Australian Air ForceAssociation Bowling Club,250 Baltimore Parade,MERRIWA WA 6030

Royal Perth Golf Club (Inc)

Labouchere Street,SOUTH PERTH WA 6151

Royal Fremantle Golf Club (Inc)359 High Street,FREMANTLE WA 6160

Safety Bay Bowling & recreation Club (Inc)130 Gloucester Crescent,SAFETY BAY WA 6169

Sea View Golf Club (Inc)Jarrad Street,COTTLESLOE WA 6011

South Perth Bowling Club (Inc)Mends Street,SOUTH PERTH WA 6151

Victoria Park Bowling Club (Inc)18 Kent Street,VICTORIA PARK WA 6100

Willetton Sports Club IncBurrendah BlvdWILLETTON WA 6155

Yokine Districts Bowling Club (Inc)Wordsworth Avenue,YOKINE WA 6060

York Golf Club (Inc)Great Southern Highway,YORK WA 6302

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

GOLF LINK AND BOWLING GREEN WORKERS' AWARD, 1993

NO. 16 OF 1967

Delivered 22/12/67 at 47 WAIG 1124

Consolidated at 22/2/83 at 63 WAIG 464

Consolidated 93(6) 30/08/93 at 73 WAIG 2529

Consolidated 93(6) 05/02/96 at 76 WAIG 783

CLAUSE NO.

EXTENT OF VARIATION

ORDER NO.

OPERATIVE DATE

GAZETTE REFERENCE

1. Title

Cl. 850/90(R2) 13/01/94 74 WAIG 284

(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 1164/96 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. State Wages Principles - November 1997)

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

(1A. State Wages Principles - June 1998)

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

2. Arrangement

Cl. 204/77 06/07/77 57 WAIG 1032

Ins. 24A, 27 569/78 23/03/79 59 WAIG 591

Ins. 11A, del. 24A 88/85 07/08/85 65 WAIG 1725

Cl. 352/89 19/05/89 69 WAIG 2078

Ins. 2A 730/88 14/08/88 68 WAIG 2412

Cl. 728/89 04/09/89 69 WAIG 3044

Del. 2A 1940/89 08/09/89 69 WAIG 2913

Ins. 2A 1846 &1640/89(R) 15/03/90 70 WAIG 1806

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

Ins. Sch. B 692/93 08/07/93 73 WAIG 2780

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

Cl. 850/90(R2) 13/01/94 74 WAIG 284

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

Ins. Appendix - S.49B... 694/96 16/07/96 76 WAIG 2789

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

Ins. Schedule A & B 1117/96 21/02/97 77 WAIG 764

1A 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

Cl 1956/02 9/09/04 84 WAIG 2213

(2A. State Wage Principles - September 1988)

Ins Cl. 352/89 19/05/89 69 WAIG 2078

Del. Cl. 1940/89 08/09/89 69 WAIG 2913

(2A. State Wage Principles - September 1989)

Ins. Cl. 1846 &1640/89(R) 15/03/90 70 WAIG 1806

Delete Cl. 850/90(R2) 13/01/94 74 WAIG 284

3. Area and Scope

Cl. 850/90(R2) 13/01/94 74 WAIG 284

4. Term

5. Hours

Cl. 1846 &

1640/89(R) 15/03/90 70 WAIG 1806

Cl. 850/90(R2) 13/01/94 74 WAIG 284

6. Meal Period

(2) 1846 &

1640/89(R) 15/03/90 70 WAIG 1806

Cl. 850/90(R2) 13/01/94 74 WAIG 284

Cl 1956/02 24/06/04 84 WAIG 2213

(7. Overtime)

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

7. Additional Rates for Ordinary Hours

Cl 1956/02 9/09/04 84 WAIG 2213

(8. Contract of Service)

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

8. Overtime

Cl 1956/02 9/09/04 84 WAIG 2213

(9. Casual Workers)

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

9. Contract of Service

Cl 1956/02 9/09/04 84 WAIG 2213

(10. Part-Time Workers)

new preamble 1846 &

1640/89(R) 15/03/90 70 WAIG 1806

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

10. Casual Employees

Cl 1956/02 9/09/04 84 WAIG 2213

(11. Under Rate Workers)

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

11. Part-Time Employees

Cl 1956/02 9/09/04 84 WAIG 2213

(11A. Junior Workers)

Ins. Cl. 88/85 04/08/85 65 WAIG 1725

Delete Cl. 850/90(R2) 13/01/94 74 WAIG 284

(12. Apprentices)

Ins 12 204/77 06/07/77 57 WAIG 1032

(5) 88/85 04/08/85 65 WAIG 1725

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

12. Supported Wage

Cl 1956/02 9/09/04 84 WAIG 2213

(12. Under Rate Employees)

(12. Absence Through Sickness)

Renum. as 13 204/77 06/07/77 57 WAIG 1032

(13. Absence Through Sickness)

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

13. Junior Employees

(13. Holidays and Annual Leave)

Renum. as 14 204/77 06/07/77 57 WAIG 1032

(14. Holidays and Annual Leave)

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

14. Apprentices

Cl 1956/02 9/09/04 84 WAIG 2213

(14. Record)

Renum. as 15 204/77 06/07/77 57 WAIG 1032

(15. Record)

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

15. Sick Leave

Cl 1956/02 9/09/04 84 WAIG 2213

(15. Absence Through Sickness )

(15. Representative Interviewing Workers)

Renum. as 16 204/77 06/07/77 57 WAIG 1032

(16. Representative Interviewing Workers)

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

16. Annual Leave

Cl 1956/02 9/09/04 84 WAIG 2213

(16. Board Of Reference)

Renum. as 17. 204/77 06/07/77 57 WAIG 1032

(17. Board of Reference)

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

17. Public Holidays

Cl 1956/02 9/09/04 84 WAIG 2213

(17. Holidays)

(17. Long Service Leave)

Renum. as 18. 204/77 06/07/77 57 WAIG 1032

(18. Long Service Leave)

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

18. Record

Ins.Text 2053(1)/97 22/11/97 77 WAIG 3138

Ins text.(3) 491/98 16/04/98 78 WAIG 1471

(18. Higher Duties)

Renum. as 19. 204/77 06/07/77 57 WAIG 1032

(19. Higher Duties)

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

19. Representative Interviewing Employees

Ins.Text 2053(1)/97 22/11/97 77 WAIG 3138

(19. General Conditions)

Renum. as 20. 204/77 06/07/77 57 WAIG 1032

(20. General Conditions)

Cl. 204/77 06/07/77 57 WAIG 1032

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

20. Board of Reference

(20. Motor Vehicle Allowance)

Renum. as 21. 204/77 06/07/77 57 WAIG 1032

(21. Motor Vehicle Allowance)

New Rates after Cl.(3) 1846 &

1640/89(R) 15/03/90 70 WAIG 1806

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

21. Long Service Leave

Cl 1956/02 9/09/04 84 WAIG 2213

(21. Fares and Travelling Time)

Renum. as 22. 204/77 06/07/77 57 WAIG 1032

(22. Fares and Travelling Time)

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

22. Higher Duties

Cl 1956/02 9/09/04 84 WAIG 2213

(22. Preference)

Renum. as 23. 204/77 06/07/77 57 WAIG 1032

(23. Preference)

Cl.& Title 1846 &

1640/89(R) 15/03/90 70 WAIG 1806

(23. Payment of Wages)

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

23. General Conditions

Cl 1956/02 9/09/04 84 WAIG 2213

(23. Wages)

Cl. 62(67)/76 10/09/76 56 WAIG 1343

Renum. as 24. 204/77 06/07/77 57 WAIG 1032

(24. Wages)

Cl. 204/77 06/07/77 57 WAIG 1032

Cl. 569/78 23/03/79 59 WAIG 591

Cl. 381& 434/80 04/01/80 60 WAIG 281

Cl. 419/80 21/07/80 60 WAIG 1327

Cl. 19/81 15/01/81 61 WAIG 153

Cl. 503/82 04/05/83 63 WAIG 1448

Cl. 88/85 04/08/85 65 WAIG 1725

Cl. 352/89 19/05/89 69 WAIG 2078

Cl. 1846 &1640/89(R) 15/03/90 70 WAIG 1806

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

24. Motor Vehicle Allowance

Cl 1956/02 24/06/04 84 WAIG 2213

(24A. Supplementary Payments)

Ins. Cl. 569/78 23/03/79 59 WAIG 591

Cl. 503/82 04/05/83 63 WAIG 448

del. Cl. 88/85 04/08/85 65 WAIG 1725

(24A. Minimum Wage - Adult Males and Females

Ins. Cl. 534/82 07/02/83 63 WAIG 379

Min. Wage $248.80 1940/89 08/09/89 69 WAIG 2913.

Min. Wage $268.80 1309 & 1310/91 24/09/91 71 WAIG 2752

Min. Wage $275.50 415A/92 30/11/92 73 WAIG 4

Delete Cl. 850/90(R2) 13/01/94 74 WAIG 284

(24. District Allowances)

Renum. as 25. 204/77 06/07/77 57 WAIG 1032

Cl. 467/78 29/09/78 58 WAIG 1259

Title294/77, 319- 321(inc)/77 & 529/79

15/07/80 60 WAIG 153

(25. Locations Allowances)

Cl. 294/77, 319-

321(inc)/77 &

529/79 15/07/80 60 WAIG 153

Cl. 452/81 18/08/81 61 WAIG 1661

Cl. 437/82 04/08/82 62 WAIG 2359

(1) Ins Text(12),(13) 291/83 Int 29/06/83 63 WAIG 1537

Cl. 291/83 09/12/83 64 WAIG 5

Cl 477/84 06/07/84 64 WIAG 1235

Cl. 397/85 26/06/85 65 WAIG 1349

Cl. 409/86 19/06/86 66 WAIG 1149

Cl. 603/87 17/06/87 67 WAIG 1049

Cl. 1353/87 31/12/87 68 WAIG 949

Cl. 517/88 24/06/88 68 WAIG 1686

(1);(13) 834/89 01/07/89 69 WAIG 2317

Cl. 778 & 1065/90 01/07/90 70 WAIG 2995

Cl. 1049/91 01/07/91 71 WAIG 2753

Cl. 851/92 01/07/92 72 WAIG 2498

Cl. 943/93 01/07/93 73 WAIG 1989

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

25. Fares and Travelling Time

Cl 1956/02 24/06/04 84 WAIG 2213

(25. Bereavement Leave)

Renum. As 26. 204/77 06/07/77 57 WAIG 1032

(26. Bereavement Leave)

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

26. Payment of Wages

Cl 1956/02 9/09/04 84 WAIG 2213

(27. Definitions)

Ins. Cl. 569/78 23/03/79 59 WAIG 591

Cl. 88/85 04/08/85 65 WAIG 1725

Cl. 1846 &

1640/89® 15/03/90 70 WAIG 1806

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

27. Wages

Preamble & (1); Ins. (4) 1117/96 21/02/97 77 WAIG 764

(4) 1117/96C.O. 10/04/97 77 WAIG 1290

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

Min.wage prov (4) 940/97 14/11/97 77 WAIG 3177

(1), (3) & (4) 1353/98 10/09/98 78 WAIG 3817

(1) rates & text, (4) 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

(1) & (4) 797/02 01/08/02 82 WAIG 1369

Cl. 569/03 5/06/03 83 WAIG 1899 & 2266

(4)(9) 1197/03 1/11/03 83 WAIG 3537

Cl. 570/04 4/06/04 84 WAIG 1521 & 1795

(3) 1956/02 24/06/04 84 WAIG 2213

Cl. 1956/02 9/09/04 84 WAIG 2213

Cl. 576/05 07/07/05 85 WAIG 2083, 2478

Cl. 957/05 07/07/06 86 WAIG 1631 & 2012

Cl. 1/07 01/07/07 87 WAIG 1487 & 1897

Cl. 115/07 01/07/08 88 WAIG 773 &1146

Cl. 1/09 01/10/09 89 WAIG 735 & 1572

Cl. 2/10 01/07/10 90 WAIG 568 & 1032

Cl. 2/11 01/07/11 91 WAIG 1008 & 1446

Cl. 2/12 01/07/12 92 WAIG 1219

Cl. 1/13 01/07/13 93 WAIG 890

Cl. 1/14 01/07/14 94 WAIG 1110

Cl. 1/15 01/07/15 95 WAIG 1098

Cl. 1/16 01/07/16 96 WAIG 947

Cl. 1/17 01/07/17 97 WAIG 1014

(28. Superannuation)

Ins.cl. 728/89 01/10/89 69 WAIG 3044

Cl. & Title 850/90(R2) 13/01/94 74 WAIG 284

28. Location Allowances

Cl. 714/94 01/07/94 74 WAIG 1869

Cl. 641/95 01/07/95 75 WAIG 2125

Cl. 911/96 01/07/96 76 WAIG 3365

Cl. 1400/97 01/07/97 77 WAIG 2547

Cl. 975/98 01/07/98 78 WAIG 2999

Cl. 690/99 01/07/99 79 WAIG 1843

Cl. 1050/00 01/08/00 80 WAIG 3153

Cl. 718/01 01/08/01 81 WAIG 1559

Cl. 686/02 01/07/02 82 WAIG 1185

Cl. 570/03 01/07/03 83 WAIG 1657

Cl. 696/04 01/07/04 84 WAIG 2145

Cl. 458/05 01/07/05 85 WAIG 1893

Cl. 59/06 01/07/06 86 WAIG 1471

Cl. 53/07 01/07/07 87 WAIG 2435

Cl. 9/08 01/07/08 88 WAIG 689

Cl. 24/09 01/07/09 89 WAIG 729

Corr. Order Schedule B (7)(a)(i)&(ii) 24/09 01/07/09 89 WAIG 2483

Cl. 117/10 01/07/10 90 WAIG 561

Cl. 24/11 01/07/11 91 WAIG 995

Cl. 6/12 01/07/12 92 WAIG 725

Cl. 7/13 01/07/13 93 WAIG 461

Cl. 11/14 01/07/14 94 WAIG 669

Cl. 118/15 01/07/15 95 WAIG 700

Cl. 15/16 01/07/16 96 WAIG 631

Cl. 20/17 01/07/17 97 WAIG 585

29. Bereavement Leave

Ins. Cl. 850/90(R2) 13/01/94 74 WAIG 284

Cl 1956/02 9/09/04 84 WAIG 2213

30. Definitions

Ins. Cl. 850/90(R2) 13/01/94 74 WAIG 284

Cl 1956/02 9/09/04 84 WAIG 2213

31. Superannuation

Ins. Cl. 850/90(R2) 13/01/94 74 WAIG 284

Ins. Text 599/98 30/06/98 78 WAIG 2559

Cl 1956/02 9/09/04 84 WAIG 2213

32. Roster

Ins. Cl. 850/90(R2) 13/01/94 74 WAIG 284

33. Training

Ins. Cl. 850/90(R2) 13/01/94 74 WAIG 284

34. Award Modernisation/Enterprise Agreements

Ins. Cl. 850/90(R2) 13/01/94 74 WAIG 284

35. Parental Leave

Ins Cl 1956/02 9/09/04 84 WAIG 2213

36. Redundancy

Ins Cl 1956/02 9/09/04 84 WAIG 2213

37. Carer’s Leave

Ins Cl 1956/02 9/09/04 84 WAIG 2213

38. Dispute Settlement Procedure

Ins Cl 1956/02 9/09/04 84 WAIG 2213

Appendix 1 – Make Up of Total Wage

Ins Append. 1956/02 9/09/04 84 WAIG 2213

Append. 576/05 07/07/05 85 WAIG 2083, 2478

Append. 957/05 07/07/06 86 WAIG 1631 & 2012

Append. 1/07 01/07/07 87 WAIG 1487 & 1897

Append 115/07 01/07/08 88 WAIG 773 &1146

Append. 1/09 01/10/09 89 WAIG 735 & 1572

Append. 2/10 01/07/10 90 WAIG 568 & 1032

Append. 2/11 01/07/11 91 WAIG 1008 & 1446

Append. 2/12 01/07/12 92 WAIG 1219

Append. 1/13 01/07/13 93 WAIG 890

Append. 1/14 01/07/14 94 WAIG 1110

Append. 1/15 01/07/15 95 WAIG 1098

Append. 1/16 01/07/16 96 WAIG 947

Append. 1/17 01/07/17 97 WAIG 1014

Schedule A – Parties to the Award

Sch. 1956/02 9/09/04 84 WAIG 2213

(Schedule “A” – Respondents)

Ins. Schedule 1117/96 21/02/97 77 WAIG 764

Schedule B - Respondents

Sch 1956/02 9/09/04 84 WAIG 2213

(Schedule “B” - Parties To The Award)

Ins. Schedule 1117/96 21/02/97 77 WAIG 764

(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

Del App 1956/02 9/09/04 84 WAIG 2213

(Schedule "A" - Respondents)

Delete Schedule 850/90(R2) 13/01/94 74 WAIG 284

(SCHEDULE "B" - PARTIES TO THE AWARD)

Ins. Sch. 692/93 08/07/93 73 WAIG 2780

Delete Schedule 850/90(R2) 13/01/94 74 WAIG 284

( Appendix - S.49B - Inspection of Records Requirements)

Ins. Appendix 694/96 16/07/96 76 WAIG 2789

(1) ins. Text 2053/97 22/11/97 77 WAIG 3138

App. 491/98 16/04/98 78 WAIG 1471

Del App 1956/02 9/09/04 84 WAIG 2213