AP834748 - Industrial Catering, Cleaning and Incidental Services (AWU and LHMU) Award 2000

AUSTRALIAN INDUSTRIAL REGISTRY CONSOLIDATION

This AIR consolidated award incorporates all amendments up to and including 17 January 2007 (variation PR974986).

Clauses affected by the most recent amendment(s) are:

15. Classifications and wage rates

16. Additional rates for ordinary hours

22. Travelling expenses and motor vehicle allowance

24. Height allowance

25. Industry allowance

26. Location allowance

27. Meal allowance

29. Uniforms

About this Award:
This award is title changed from AW785016 - Industrial Catering, Cleaning and Incidental Services (AWU and ALHMWU) Award 2000

Printed by authority of the Commonwealth Government Printer.


Disclaimer:
Please note that this consolidated award is prepared by the Australian Industrial Registry and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

Copies of official decisions, awards and orders of the Australian Industrial Relations Commission can be accessed at no cost through the Commission’s web site (www.airc.gov.au) or purchased from any office of the Australian Industrial Registry.

AP834748 [Pre-Reform AIR Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996
Review of awards pursuant to Item 51 of Part 2 of Schedule 5 of the
Workplace Relations and Other Legislation Amendment Act 1996
(C No. 00263 of 1998)

INDUSTRIAL CATERING, CLEANING AND INCIDENTAL SERVICES
(AWU AND LHMU) AWARD 1988
(ODN C No. 03696 of 1985)
[Print K5700 [I0047]]

Award simplification.

ORDER

A. Further to the decision issued by the Commission on 3 May 2000, [Print S5616] the above award is varied as follows:

1. By deleting all clauses and schedules and inserting the following:

PART 1 – APPLICATION AND OPERATION OF AWARD
1. AWARD TITLE

[1 varied by PR947439 ppc 01Jun04]

This award shall be known as the Industrial Catering, Cleaning and Incidental Services (AWU and LHMU) Award 2000.

2. ARRANGEMENT

This award is arranged as follows:

3. ANTI-DISCRIMINATION

3.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 (the Act) through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

3.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

3.3 Nothing in this clause is taken to affect:

3.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

3.3.2 junior rates of pay, until 22 June 2000 or later date determined by the Commission in accordance with s.143(1E) of the Act;

3.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;

3.3.4 the exemptions in s.170CK(3) and (4) of the Act.

4. DEFINITIONS

4.1 Award means the Industrial Catering, Cleaning and Incidental Services (AWU and LHMU) Award 1999.

4.2 Chef or head cook means an employee who is a chef or qualified cook and who is appointed as chef or head cook by his or her employer.

4.3 Commission means the Australian Industrial Relations Commission.

4.4 Commute cycle means the cycle which commences the first day the employee leaves Perth to commute to his or her place of work and which finishes the day before the employer leaves Perth to commute to the employees place of work to start the next cycle.

4.5 Day shift means any regularly rostered shift commencing after 4.00 a.m. and prior to midday.

4.6 Day worker means an employee other than a shift worker, whose rostered hours of duty are between 4.00 a.m. and 7.00 p.m. each day.

4.7 Employer includes all who are respondent to this award.

4.8 Night shift means any regularly rostered shift finishing after midnight and prior to 8.00 a.m.

4.9 Qualified cook means an employee who has completed and can produce appropriate documentary evidence to his or her employer to the effect that he or she has successfully completed an apprenticeship in cooking at an approved or recognised school or college, or who can provide documentary evidence of having served at least six years in Her Majesty’s armed forces or in other relevant employment recognised by the employer, in the classification of cook.

4.10 Shift worker means an employee regularly rostered to work day and night shifts in rotation according to a shift roster.

[4.11 substituted by PR947439 ppc 01Jun04]

4.11 Union means The Australian Workers’ Union or Liquor, Hospitality and Miscellaneous Union.

4.12 Week means 38 hours consisting of the ordinary hours of work on five days of the week Monday to Friday inclusive.

5. DATE THE AWARD STARTS

This award comes into force on 27 November 2000.

6. WHERE AND WHO THE AWARD COVERS

6.1 This award shall govern the wages and conditions of employment of all persons employed in the classification contained in the wages clause of this award, by the respondents pursuant to a contract to provide catering, cleaning and services incidental, to a principal who is engaged in the industry or industries of mining, milling, smelting, refining and processing of ore or any other mineral.

6.2 Where does the award apply?

This award applies in Western Australia.

7. WHO IS BOUND BY THIS AWARD?

This award binds:

[7.1 varied by PR947439 ppc 01Jun04]

7.1 The employers set out in the attached Schedule A and their employees who are engaged in a classification contained in clause 15 – Classifications and wage rates, whether members of The Australian Workers’ Union or Liquor, Hospitality and Miscellaneous Union, or not.

7.2 The Australian Workers’ Union (AWU); and

[7.3 substituted by PR947439 ppc 01Jun04]

7.3 Liquor, Hospitality and Miscellaneous Union (LHMU).

PART 2 – AWARD FLEXIBILITY
8. ENTERPRISE FLEXIBILITY PROVISIONS

(See ss.113A and 113B of the Act)

Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply:

8.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.

8.2 For the purpose of the consultative process the employees may nominate the Union or another to represent them.

8.3 During the consultative process the employer shall keep the employees informed about the proposed agreement and the implications it may have in relation to their terms and conditions of employment.

8.4 Where agreement is reached an application shall be made to the Commission.

PART 3 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION
9. SETTLEMENT OF DISPUTES

In the event of a dispute arising in the workplace the procedure to be followed to resolve the matter will be as follows:-

9.1 The employee and their supervisor meeting and conferring on the matter; and

9.2 If the matter is not resolved at such a meeting, further discussions shall be held between the employee and his or her nominated representative, if any, and more senior levels of management.

9.3 If the matter is still not resolved a discussion shall be held between representatives of the employer or other representative of the employer and the Union or other employee representative.

9.4 If the matter cannot be resolved it may be referred to the Commission, by either the employer or Union for conciliation and, if necessary, determination.

9.5 Every effort will be made to ensure that the processes contained in 9.1 to 9.3 are dealt with as quickly as possible to prevent escalation of any dispute. That part of the dispute that is dealt with under this clause at the relevant site shall be completed within 5 working days.

9.6 While attempts are being made under this clause to resolve the matter work will continue as normal unless an employee has a reasonable concern about an imminent risk to his or her health and safety.

9.7 For the purposes of this clause, it is agreed that union membership shall apply as follows:

9.7.1 The Australian Workers’ Union:

All workers employed in connection with:

9.7.1(a) catering in all services ancillary to catering including work involved in kitchen, dining, store and bar area;

9.7.1(b) cleaning of accommodation facilities where that work is performed pursuant to a contract which includes provision of catering services.

[9.7.2 substituted by PR947439 ppc 01Jun04]

9.7.2 Liquor, Hospitality and Miscellaneous Union:

All workers employed in or in connection with:

9.7.2(a) cleaning of mine, port or treatment and processing facilities and offices;

9.7.2(b) cleaning of accommodation facilities where that work is performed pursuant to a contract which is unrelated to the provision of catering services.

PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
10. WORK ORGANISATION

10.1 An employee shall perform as directed the full range of duties encompassed within the award classification including work which is incidental or peripheral to the main tasks or functions, being work the duties of which are within the limits of the employee’s skill, competence and training.

10.2 Employees must undertake duties as directed within the limits of their competence.

11. EMPLOYMENT CATEGORIES

11.1 General

11.1.1 Employees under this award will be employed in one of the following categories:

11.1.1(a) full-time employees; or

11.1.1(b) regular part-time employees; or

11.1.1(c) casual employees.

11.1.2 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, regular part-time or casual.

11.2 Full-time employee

Refers to an employee who works an average of 38 hours per week over a work cycle, between Monday and Friday inclusive.

11.3 Regular part-time employee

11.3.1 An employer may employ regular part-time employees in any classification in this award.

11.3.2 A regular part-time employee is an employee who:

11.3.2(a) works less than ordinary full-time hours of 38 per week; and

11.3.2(b) works regularly week to week on a fixed roster of working hours; and

11.3.2(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

11.3.3 At the time of engagement the employer and the regular part-time employee will agree in writing, on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

[11.3.4 substituted by T4388 ppc 27Nov00]

11.3.4 Any agreed variation to the regular pattern of work will be recorded in writing in the week prior to the alteration. Hours on a particular day may be extended by agreement to a maximum of 8 ordinary hours. Agreement so reached will be recorded in writing as soon as is practicable.

11.3.5 An employer is required to roster a regular part-time employee for a minimum of four consecutive hours on any shift.

11.3.6 An employee who does not meet the definition of a regular part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with 11.4.

11.37 All time worked in excess of the hours rostered or otherwise agreed pursuant to 11.3.3 or 11.3.4 will be overtime and paid for at the rates prescribed in clause 32 - Overtime.

11.3.8 A regular part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

11.3.8(a) An exception to this is any person who is employed as a part-time employee and whose employment terminates prior to the completion of one month of employment shall be paid as a casual employee at the rates prescribed in 11.4.3. This provision does not apply to an employee who terminates their own employment, or is dismissed for misconduct.

11.4 Casual employee

11.4.1 A casual employee is an employee engaged on an hourly contract of service.

11.4.2 Casual employees shall not be engaged for less than two consecutive hours per time.

11.4.3 A casual employee must be paid per hour at the rate of 1/38th of the weekly rate prescribed for the class of work performed, plus the appropriate addition to that rate:

11.4.3(a) Monday to Friday: 50 per cent.

11.4.3(b) Saturday: 50 per cent for the first two hours worked and 100 per cent for the rest of the time worked.

11.4.3(c) Sunday: 100 per cent for all time worked.

11.4.3(d) Public Holidays: 150 per cent for all time worked.

11.4.4 The provisions of the following clauses do not apply to casuals:

12. STANDING DOWN OF EMPLOYEES

12.1 The employer is entitled to deduct payment for any day upon which an employee (including an apprentice) cannot be usefully employed because of industrial action by any of the Unions party to this award, or by any other association or Union.

12.2 The provisions of 12.1 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 or Unions concerned so agree or, in the event of disagreement, the Commission so determines.

13. REDUNDANCY

13.1 Definition

Redundancy occurs when an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour.

13.2 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated. The employer may at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

13.3 Severance pay

13.3.1 In addition to the period of notice prescribed for ordinary termination in clause 14 – Termination of employment an employee whose employment is terminated by reason of redundancy must be paid, subject to further order of the Commission, the following amount of severance pay in respect of a continuous period of service:

13.3.2 Week’s pay means the ordinary time rate of pay for the employees concerned.

13.3.3 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.

13.4 Employee leaving during notice period

An employee whose employment is terminated by reason of redundancy may terminate their employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had they remained with the employer until the expiry of such notice. However, in this circumstance the employee will not be entitled to payment in lieu of notice.

13.5 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.

13.6 Time off during notice period

13.6.1 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.

13.6.2 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.

13.7 Superannuation benefits

13.7.1 Subject to further order of the Commission where an employee who is terminated receives a benefit from a superannuation scheme, the employee shall only receive under 13.3, the difference between the severance pay specified in that clause and the amount of the superannuation benefit the employee receives which is attributable to employer contributions only.

13.7.2 If this superannuation benefit is greater than the amount due under 13.3 then the employee shall receive no payment under that clause.

13.8 Employees exempted

13.8.1 This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal including inefficiency, neglect of duty or misconduct, and in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.

13.8.2 Despite the foregoing provisions trainees who are engaged for a specific period of time shall, once the traineeship is completed and provided that the trainee services are retained, have all service including the training period counted in determining entitlements. In the event that a trainee is terminated at the end of the traineeship and is re-engaged by the same employer within six months of such termination the period of traineeship shall be counted as service in determining any future redundancy entitlements.

13.9 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 fifteen employees.

13.10 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.

14. TERMINATION OF EMPLOYMENT

14.1 Notice of termination by employer

14.1.1 Where the employer gives notice of termination to an employee the provisions of Subdivision C – Unlawful termination of employment by employer of the Workplace Relations Act 1996 (Cth) (“the WR Act”) apply.

14.1.2 In order to terminate the employment of a full-time or regular part-time employee the employer shall give to the employee the period of notice specified in the table below:

14.1.3 A full-time or regular part-time employee, who is over 45 years of age and has at least 2 years of continuous service at the time of termination, is entitled to an additional weeks notice to the period of notice in 14.1.2.

14.1.4 Compensation in lieu of notice will be made to the employee if the employer does not require the employee to work for the duration of the period of notice. Employment may be terminated by the employee working part of the required period of notice and by the employer paying compensation for the remainder of the period of notice.

14.1.5 Compensation in lieu of notice must equal or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the employee would have become liable to pay the employee because of the employment continuing during that period. That total must be worked out on the basis of:

14.1.5(a) the employee’s ordinary hours of work (even if they are not standard hours); and

14.1.5(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

14.1.5(c) amounts payable under the employee’s contract of employment.

14.1.6 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, neglect of duty or misconduct and in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.

14.1.7 Notwithstanding the foregoing provisions trainees who are engaged for a specific period of time shall, once the traineeship is completed and provided that the trainee’s services are retained, have all service including the training period counted in determining entitlements. In the event that a trainee is terminated at the end of his or her traineeship and is re-engaged by the same employer within six months of such termination, the period of traineeship shall be counted as service in determining any future termination.

14.2 Notice of termination by an employee

14.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, except that there is no requirement on the employee to give additional notice based on the age of the employee.

14.2.2 If an employee fails to give notice or leaves the employment before the period of notice expires the employer has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice not worked.

14.3 Time off during notice period

Where an employer has given notice of termination to an employee, an employee shall be allowed up to one days time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

PART 5 – WAGES AND RELATED MATTERS
15. CLASSIFICATIONS AND WAGE RATES

[15.1 substituted by PR905309 PR918234; corrected by PR922224; substituted by PR934669; varied by PR9474391; substituted by PR960778 ppc 28Jul05]

15.1 The minimum total rate of wage payable to employees covered by this award shall be:

In the above table “fpp” means from the beginning of the first pay period commencing on or after the relevant date.

15.2 Service payments

15.2.1 An employee who was employed at the commencement of this award and entitled to service payments shall be entitled to continue to receive the service payments but shall not be entitled to any increase in the amount of that payment despite further continuous service with the employer. Provided that service payments shall be absorbed into future safety net adjustments, or otherwise.

15.2.2 Service payments are not required to be made to any employee who commences employment after the commencement of this award or who has three months or less continuous service at that time.

15.2.3 The service payments applying immediately prior to the commencement of this award are as follows:

15.2.4 A part-time employee entitled to service payments under this clause shall receive such payments on a pro rata basis in the proportion to which the employee’s regular weekly hours bear to 38.

15.2.5 Continuous service for purposes of this clause only includes service with the employer from July 1981 until the commencement of this award and includes:

15.2.5(a) Any period of absence on paid leave;

15.2.5(b) Any period of absence from duty necessitated by sickness or of injury to the employee but only to the extent of the amount of sick leave allowed by clause 34 – Personal leave;

15.2.5(c) Any period of absence from duty whilst on workers compensation up to a period of 26 weeks.

15.3 Leading hands

[15.3 varied by PR905309 PR918234; substituted by PR934669; varied by PR947439 PR960778; PR974986 ppc 01Dec06]

An employee, other than a chef or head cook, who is appointed and placed in charge of other employees by the employer, shall be paid the following amounts in addition to the wage applicable to that employee:

15.4 Apprentices

The weekly wage rate shall be a percentage of the tradesperson’s rate as under:

15.4.4 For the purposes of this part tradesperson’s rate means the rate of wage payable to a qualified cook, as prescribed in this clause.

15.5 The employer shall be under no obligation to pay for any day not worked upon which the employee is required to present for duty, except when such absence is due to illness and comes within the provisions of clause 34 – Personal leave or such absence is on account of holidays to which the employee is entitled under the provisions of this award.

15.6 Arbitrated safety net adjustment

[15.6.1 substituted by PR905309 PR918234 PR934669 PR947439; PR960778 ppc 28Jul05]

15.6.1 The rate of pay in this award include the arbitrated net adjustment payable under the Safety Net Review – Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may 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 certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

[15.6.2 substituted by PR905309; PR918234 ppc 28May02]

15.6.2 Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

16. ADDITIONAL RATES FOR ORDINARY HOURS

[16 varied by PR905309 PR918234 PR934669; substituted by PR947439 PR960778; PR974986 ppc 01Dec06]

An employee who is required to work any of their ordinary hours between 7.00 p.m. and 7.00 a.m. Monday to Friday, both inclusive, shall, in addition to the minimum weekly wage, be paid at the rate of an extra $1.40 per hour for each such hour, or part of an hour worked, with a minimum payment of $2.74 per day. Any employee, who works the majority of their ordinary hours between midnight and 7.00 a.m., shall instead be paid $1.46 per hour extra for each such hour, or part of an hour worked.

17. SUPPORTED WAGE SYSTEM

17.1 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:

17.1.1 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 Wage System: Guidelines and Assessment Process..

17.1.2 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.

17.1.3 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.

17.1.4 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.

17.2 Eligibility criteria

17.2.1 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.

17.2.2 This clause does not apply to any existing employee who has a claim against the employer which 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 employment.

17.2.3 This clause does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils 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 s.10 or under s.12A of the Disability Services Act 1986, or if a part only has received recognition, that part.

17.3 Supported wage rates

17.3.1 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 the following schedule:

[17.3.2 substituted by PR947439; PR960778 ppc 28Jul05]

17.3.2 Provided that the minimum amount payable shall be not less than $61 per week.

17.3.3 * Where a person's assessed capacity is 10 per cent, they shall receive a high degree of assistance and support.

17.4 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:

17.4.1 The employer and a Union party to the award, in consultation with the employee or, if desired by any of these;

17.4.2 The employer and an accredited assessor from a panel agreed by the parties to the award and the employee.

17.5 Lodgment of assessment instrument

17.5.1 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 Commission.

17.5.2 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 ten working days.

17.6 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.

17.7 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 workers covered by this award paid on a pro rata basis.

17.8 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 workers in the area.

17.9 Trial period

17.9.1 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 twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

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

17.9.3 The minimum amount payable to the employee during the trial period shall be no less than $50 per week.

17.9.4 Work trials should include induction or training as appropriate to the job being trialled.

17.9.5 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 17.4 hereof.

18. MIXED FUNCTIONS

18.1 Any employee performing work for two or more hours in any day on duties carrying a higher prescribed rate of wage than that in which the employee is engaged, shall be paid the higher wage for such day. If work is performed for less than two hours in any day, the employee shall be paid the higher wage for the time so worked.

18.2 Any employee who is required to perform duties carrying a lower prescribed rate of wage, shall do so without any loss of pay.

19. PAYMENT OF WAGES

19.1 All employees shall be paid during working hours weekly or fortnightly at the option of the employer. The preceding provisions may be altered by agreement between the employer, the Union and the employee or employees concerned.

19.2 The employer shall keep no more than two working days’ pay in hand in the case of all employees. This clause shall not apply in the case of computer breakdown or other unforeseen circumstance for which the employer cannot be held responsible.

19.3 All outstanding monies owed to the employee shall be paid within two business days of termination, either directly to the employee or posted to the employee’s last known address.

19.4 No deduction shall be made from an employee’s wages unless the employee has authorised such deduction in writing.

19.5 Payment of wages by arrangement between an employer and an employee shall be paid into the employee’s bank account or other account or by cheque.

PART 6 - ALLOWANCES
20. APPLIANCES AND MATERIALS

20.1 Where the employer requires an employee to provide any appliances and materials including towels and dusters, required in connection with the performance of the employee’s duties, the employer must reimburse the employee for the cost of purchasing such equipment.

20.2 The provisions of this clause do not apply where the employer supplies such items without cost to the employee.

21. COMMUTE CYCLES

21.1 This clause applies to those sites on commute cycles.

21.2 Where an employee’s roster provides for the employee to commute between Perth and the work site the employer must reimburse the employee for the cost of travel, by air, between Perth Airport and the work site. The provisions of this clause do not apply where:

21.2.1 air transport is arranged for the employee at the employer’s expense; or

21.2.2 the employee fails to arrive at the Perth Airport terminal at the time set out in the roster and as a consequence the employee is unable to board the designated aircraft.

21.3 An employee is to be paid at single time for each rostered journey between Perth and the work site and for each rostered journey between the work site and Perth.

21.4 Where there is a delay in the departure of an aircraft, and the actual time for a rostered journey is extended beyond the usual time for the journey, the payment of travelling time shall be extended to a maximum of 7.6 hours.

21.5 Where the employment of an employee is terminated at the worksite the employer must reimburse the employee for the cost of travel, by air, between the worksite and Perth. The provisions of this clause do not apply where air transport is arranged for the employee at the employer’s expense.

22. TRAVELLING EXPENSES AND MOTOR VEHICLE ALLOWANCE

22.1 Where an employer requires an employee to work away from their usual place of employment the employer must reimburse the employee for any reasonable travelling expenses incurred, except where an allowance is paid in accordance with 22.2.

[22.2 substituted by PR905309 PR918234; corrected by PR922224; substituted by PR947439 PR960778; PR974986 ppc 01Dec06]

22.2 Where an employee is required and authorised to use their own motor vehicle in the course of their duties the employee must be paid an allowance in accordance with the table below:

22.3 Where an employee in the course of a journey travels through two or more of the areas referred to in 22.2, payment shall be made at the appropriate rate applicable to each of the separate areas traversed.

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

22.5 Despite anything contained in this clause the employer and the employee may make any other arrangements as to car allowance provided that the agreed arrangements are not less favourable to the employee than those provided in this clause.

23. TRAVEL ALLOWANCE

23.1 Reimbursement of fares

When an employee is required by an employer to proceed to work at any place covered by this award the employer must pay the employee an amount equal to the cost of fares reasonably spent by the employee in travelling to the worksite.

23.2 Right to make deductions

23.2.1 Where an employer reimburses an employee for the cost of fares in accordance with 23.1 the employer may deduct the amount paid from the employee’s wages provided that the amount deducted in any one week does not exceed half of the employee’s weekly wage.

23.2.2 Any amount deducted from an employee’s wages pursuant to 23.2.1 must be refunded to the employee if:

23.2.2(a) the employee works for the employer at any place situated above the 26th parallel of south latitude for a period of six months or more; or

23.2.2(b) the employee works for the employer at any place situated below the 26th parallel of south latitude for a period of two months or more; or

23.2.2(c) the employee’s services are terminated by the employer through no fault of the employee.

23.3 Annual travel allowances

23.3.1 After each 12 months continuous service with the employer a full-time employee engaged from Perth to work outside Perth shall be entitled to be paid an allowance equivalent to the cost of one return ticket to Perth. Provided that this allowance shall not be payable where the employer provides the employee with a paid ticket for personal use.

23.3.2 After each 12 months’ continuous service with the employer a full-time employee employed to work above the 26th parallel and who does not have any entitlement to travel assistance under 23.3.1 or by any other means shall, at a time that the employee takes approved leave, receive an allowance equivalent to the cost of one economy class air fare to Perth. Provided that this allowance shall not be payable where the employer provides the employee with a paid ticket for personal use.

23.3.3 A part-time employee working above the 26th parallel shall receive the same entitlement to travel assistance as a full-time employee upon accumulating the equivalent of each 12 months’ service with the employer.

23.3.4 The allowances in 23.3.2 and 23.3.3 shall lapse if not taken within 12 months of their accrual.

23.4 Travel allowance on termination

23.4.1 This clause applies to employees whose employment is terminated by their employer, other than for misconduct, and who:

23.4.1(a) worked for an employer at any place situated above the 26th parallel of south latitude for a period of six months or more; or

23.4.1(b) worked for an employer at any place situated below the 26th parallel of south latitude for a period of two months or more.

23.4.2 In the circumstances specified in 23.4.1 an employee is entitled to the payment of an allowance equal to the cost of an air fare from his or her worksite to Perth.

24. HEIGHT ALLOWANCE

[24.1 varied by PR905309 PR918234 PR934669 PR947439 PR960778; PR974986 ppc 01Dec06]

24.1 Where it is necessary to go wholly outside a building to clean windows at a height of 15.5 metres or more above the ground, an employee must be paid an allowance of $1.83 per day.

[24.2 varied by PR905309 PR918234 PR934669 PR947439 PR960778; PR974986 ppc 01Dec06]

24.2 Where an employee is required to clean windows from a swinging scaffold or similar device, he or she must be paid 39 cents per hour extra for every hour or part thereof so worked.

25. INDUSTRY ALLOWANCE

[25.1 varied by PR905309 PR918234 PR934669 PR947439 PR960778; PR974986 ppc 01Dec06]

25.1 Full-time employees must be paid an allowance of $23.85 per week to compensate for the disabilities associated with employment under this award. This allowance must be paid on a flat weekly basis.

25.2 Persons employed on less than a full-time basis shall be entitled to the industry allowance on a pro rata basis.

26. LOCATION ALLOWANCE

[26.1 substituted by PR905309 PR934669 PR947439; PR960778 ppc 28Jul05; varied by PR974986 ppc 01Dec06]

26.1 An employee shall be paid the following allowances when employed in the towns described below.

26.2 Despite 26.1 an employee who has:

26.2.1 a dependant shall be paid double the allowance prescribed in 26.1.

26.2.2 a partial dependant shall be paid the allowance prescribed in 26.1 plus the difference between that rate and the amount such partial dependant is receiving by way of a district or location allowance.

26.3 Where an employee is provided with board and lodging by his/her employer, free of charge, the employee is only entitled to be paid 66-2/3 per cent of the allowances prescribed in 26.1.

26.4 Subject to 26.2, 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.

26.5 Where an employee is on annual leave or receives payment in lieu of annual leave payment of location allowance shall be paid for the period of such leave as the employee would ordinarily be entitled.

26.6 Where an employee is on long service leave or other approved leave with pay (other than annual leave) location allowance will only be paid for the period of such leave while the employee remains in their employed location.

26.7 For the purposes of this clause:

26.7.1 Dependant means:

26.7.1(a) a spouse or de facto spouse; or

26.7.2(b) a child where there is no spouse or de facto spouse,

who does not receive a district or location allowance.

26.7.2 Partial dependant means a dependant as prescribed in 26.7.1 who receives a district or location allowance which is less than the location allowance prescribed in 26.1.

26.8 Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of 26.1 shall be such amount as may be agreed between Australian Mines and Metals Association, the Chamber of Commerce and Industry of Western Australia and the Trades and Labor Council of Western Australia or, failing such agreement, as may be determined by the Commission.

27. MEAL ALLOWANCE

[27 varied by PR905309 PR918234; corrected by PR922224; varied by PR934669 PR947439 PR960778; PR974986 ppc 01Dec06]

Any employee who is required to work overtime for one and one half hours or more on any day shall be paid an $9.80 meal allowance. The provisions of this clause do not apply where a substantial meal is supplied to the employee at the employer’s expense.

28. CLOTHING

28.1 Where it is necessary that an employee wear waterproof or other protective clothing such as waterproof boots, aprons, or gloves, the employer must reimburse the employee for the cost of purchasing such clothing. The provisions of this clause do not apply where the special clothing is supplied to the employee at the employer’s expense. Where protective clothing is supplied without cost to the employee, it will remain the property of the employer. In the event of dispute, the necessity for the provision of protective clothing may be determined by a Board of Reference.

28.2 Reimbursement of damaged clothing

[28.2.1 varied by PR905309; PR918234 ppc 29May02]

28.2.1 Should an employee’s clothing be destroyed by a fire in any changing house, or other shelter, provided that such destruction was not in any way caused by the employee’s own act or neglect, the employer shall be responsible to pay that employee up to a maximum of $188.15 for the replacement of the employee’s clothing.

28.2.2 Where during the course of employment an employee suffers loss or damage to their spectacles, caused by fire, molten metal or corrosive substances, the employee shall be compensated by the employer to the extent of such loss or damage sustained by the employee. The provisions of this clause shall not apply when an employee is entitled to workers compensation in respect to such loss or damage.

29. UNIFORMS

29.1 Where an employer requires an employee to wear a uniform the employer must reimburse the employee for the cost of purchasing two uniforms on commencement of employment and an additional uniform each subsequent six months’ period of employment. The provisions of this clause do not apply where the uniforms are paid for by the employer and supplied to employees free of charge.

29.2 Where employees are responsible for laundering their uniforms they are entitled to be paid an allowance of:

[29.2.1 varied by PR905309 PR918234; corrected by PR922224; varied by PR934669; substituted by PR947439 PR960778; PR974986 ppc 01Dec06]

29.2.1 $11.30 per week for cooks; and

[29.2.2 varied by PR905309 PR918234; corrected by PR922224; varied by PR934669; substituted by PR947439 PR960778; PR974986 ppc 01Dec06]

29.2.2 $7.75 per week for all other employees.

The provisions of this clause do not apply where the employer launders employee uniforms free of charge.

29.3 Where any uniform is supplied to the employee without cost to the employee, it will remain the property of the employer.

PART 7 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK
30. HOURS OF WORK

30.1 The ordinary hours of work shall be worked on five days of the week, Monday to Friday inclusive, within a daily spread of twelve hours, and shall not exceed eight per day without payment of overtime, other than by written agreement between the Union and the employer or by operation of 30.3.

30.2 Except as otherwise provided, the ordinary hours of work shall be an average of 38 per week with the hours actually worked being 40 per week and shall be worked:

30.2.1 with 0.4 of an hour per day accruing as an entitlement to take the twentieth day in each cycle as an accrued day off; or

30.2.2 with two hours of each week’s work accruing as an entitlement to a maximum of twelve accrued days off in each twelve month period. The accrued days off shall be taken in a minimum period of one week made up of five consecutive accrued days off in conjunction with a period of annual leave or at a time mutually acceptable to the employer and the employee.

30.2.3 An employee, who at the completion of a twenty day work cycle, has not accrued sufficient hours to enable the employee to take a full shift off duty, will continue past the twenty day work cycle until sufficient hours have accrued to enable the employee to take a fully paid shift off duty.

30.3 By agreement between the Union and an employer the ordinary hours of an employee in lieu of the provisions of 30.2, may be worked within a ten day, two week cycle, with an adjustment to hours worked to enable 76 hours to be worked over nine or 9.5 days of the two week cycle and an entitlement to take the other day or half day in each cycle as an accrued day or half day off.

30.4 An employer and employee may by agreement substitute the accrued day off the employee is to take off for another day in which case the accrued day off shall become an ordinary working day.

30.5 The provisions of this clause apply to a part-time employee in the same proportion as the hours normally worked bear to a full-time employee, provided that a part-time employee may be paid at an hourly rate based on 38 hours per week rather than accrue time off, by agreement between the parties.

30.6 Work cycles

30.6.1 Despite provisions contained elsewhere in this award, work may be carried out over consecutively recurring cycles followed by a special number of consecutive non-working days. Such work cycles shall only be altered or introduced by agreement with the relevant Union.

30.6.1(a) The total ordinary hours of work during a cycle shall not exceed 40 hours multiplied by the number of working and non-working weeks in the cycle.

30.6.1(b) Overtime rates shall be paid for any time in excess of eight hours per day or in excess of the total ordinary hours prescribed in 30.6.1(a).

30.6.2 Wages may be paid according to a weekly average of the ordinary hours worked even though more or less than 40 ordinary hours may be worked in any particular week of the work cycle.

30.6.3 An employee whose hours of duty are worked in accordance with the provisions of this clause shall accrue an entitlement to paid accrued days off in accordance with the provisions of 30.2.2. Provided that an employee shall have no entitlement to payment for the non-working days prescribed in 30.6.1.

30.7 Any dispute between an employer and the Union concerning the operation of this clause shall be referred to the Commission for determination.

30.8 Make-up time

An employee may elect, with the consent of their employer, to work make-up time, under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.

31. BREAKS

31.1 Every employee shall be entitled to a meal break of not less than one half hour nor more than one hour, after not more than five ordinary hours of work. Such meal break shall not be taken before completing one hour and 30 minutes 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 double time from the time when the meal break was due to be commenced until such time as the employee is released for a meal.

31.2 In addition to breaks for a meal, there may be one other break of at least two hours during each shift. Such break may include a meal break.

31.3 On each day the employer shall allow, without deduction of wages, two rest breaks of 7-1/2 minutes duration, during ordinary working hours to each employee. The employer shall stipulate the time for taking such breaks.

31.4 An employee who is required to commence overtime immediately after working ordinary hours for the day shall be allowed a meal break of twenty minutes, paid at ordinary rates, prior to commencing such overtime. This provision does not apply to any employee where the overtime to be performed is less than one and one half hours. An employee shall be allowed a meal break of twenty minutes, without deduction of wages, after each four hours of overtime worked. The provisions of this clause may be varied by agreement in writing between the Union and the employer concerned.

32. OVERTIME

32.1 When is an employee paid at overtime rates?

An employee is paid overtime rates for all time worked in excess of the ordinary rostered hours of duty specified in clauses 11 – Employment categories and 30 – Hours of work.

32.2 What are overtime rates?

The overtime rate payable to an employee depends on the time at which the overtime is worked.

32.2.1 Monday to Saturday: one and a half times the award rate of pay for the first two hours of overtime; and twice the award rate of pay for the rest of the overtime.

32.2.2 Sunday: twice the award rate of pay for all overtime worked.

32.2.3 Rostered off duty day or days worked in excess of those provided in clauses 11 – Employment categories or 30 – Hours of work: twice the award rate of pay for all overtime worked.

32.2.4 In lieu of payment for overtime and by agreement between the employees and the employer, time off equivalent to the time worked may be granted when overtime is occasioned through the failure of another employee to report for duty except where a full additional shift is required when overtime rates shall apply.

32.3 What minimum payment applies when an employee is called back to work?

If an employee has ceased their ordinary hours of work on a particular day and is called upon to return to work after leaving work for that day then the employee is entitled to be paid for a minimum of four hour’s work.

32.4 Does an employee get a break after working overtime?

32.4.1 If starting work at the employee’s next rostered starting time would mean that the employee did not receive a full ten hour break then either: the employee may - without loss of pay - start work at such a later time as is necessary to ensure that the employee receives a break of at least ten hours; or the employer must pay the employee overtime rates for all work performed until the employee has received a break of at least ten hours.

32.4.2 The ten hour break referred to in 32.4.1 may be varied to eight hours by written agreement between the Union and the employer concerned.

32.5 Time off instead of payment for overtime

32.5.1 An employee may choose, with the consent of the employer, to take time off instead of payment for overtime at a time or times agreed with the employer. This agreement must be in writing. The employee must take the time off within four weeks of working the overtime.

32.5.2 If an employee takes time off instead of payment for overtime then the amount of time off is to be equivalent to the pay the employee would have otherwise received for working the overtime in accordance with 32.2.

32.5.3 If requested by an employee an employer must within one week of receiving a request pay the employee for any overtime worked. The employee must be paid at overtime rates.

PART 8 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
33. ANNUAL LEAVE

33.1 How long is annual leave?

An employee other than a casual employee is entitled to at least four weeks annual leave after every twelve months continuous service.

33.2 Any time during which an employee is absent from work, shall not count for the purpose of determining the employee’s right to annual leave except where it is an absence:

33.2.1 during which the employee is entitled to be paid wages under this award; or

33.2.2 approved of by the employer; or

33.2.3 for the twelve months or less during which the employee is entitled to payment under the Workers’ Compensation and Rehabilitation Act 1981 (WA).

33.3 What are the pay rates for annual leave?

33.3.1 The rate of pay for annual leave is the employee’s rate of pay at the time the employee takes the annual leave, plus the loading referred to in 33.3.2.

33.3.2 In addition to the rate of pay in 33.3.1 during a period of annual leave an employee shall be entitled to the greater of:

33.3.2(a) a 17.5% loading on annual leave; or

33.3.3(b) the additional payments normally received by the employee under this award for work performed in ordinary hours.

33.4 When to take annual leave

33.4.1 The employee must be allowed to take annual leave, at a time agreed with the employer, within four months after it is due. The employer and the employee may agree to extend this period to twelve months.

33.4.2 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 of that leave is allowed to accumulate to meet the convenience of the employee the ordinary wage for that leave shall be the ordinary wage applicable to the employee at the date at which they became entitled to the leave unless the employer agrees in writing that the wage be that applicable at the date the leave commences.

33.4.3 The employer and the employee should seek to reach agreement on the time for taking the leave. In the absence of agreement, the employer may give at least fourteen days notice of the commencement of leave or part of leave which is due to the employee.

33.5 Payment instead of leave

An employee must take annual leave. However, if the employee leaves or is dismissed, the employer must pay the employee any leave entitlement including a proportionate amount for each full month worked since the employee began working or last qualified for leave. Such pro rata annual leave pay includes the leave loading in 33.3.

33.6 Public holidays falling within annual leave

If any award holiday falls within an employee’s period of annual leave, there shall be added to that period one day being an ordinary working day for each such holiday.

33.7 Illness during annual leave

33.7.1 An employee who, at the commencement of annual leave, has an entitlement to payment for non-attendance on the ground of personal ill health for not less than 40 hours under the provisions of clause 34.3 – Sick leave and who within fourteen days of resuming work, produces to the employer a certificate from a qualified medical practitioner that during the period annual leave the employee was confined to his or her home or to a hospital for a period of at least seven consecutive days for a reason which, if the employee had not been on annual leave, would have entitled the employee to payment under the provisions of the said clause 34.3 – Sick leave, shall be deemed to be absent from work through sickness for so much of that period as the employee would otherwise have been entitled to payment under that clause.

33.7.2 An employee to whom 33.7.1 applies shall take the period deemed to be absent through sickness as annual leave at a time convenient to the employer but on ordinary pay, without the loading referred to in 33.3.2.

33.8 An employee who is regularly rostered to work shift work shall receive an additional week’s annual leave.

33.9 Notwithstanding the provisions of 33.1, an employee under this award who is employed on a site, north of the 26th parallel south latitude, where the production award or industrial agreement applying to employees on that site provides for five weeks annual leave, shall be entitled to five weeks annual leave in lieu of the four weeks prescribed in this clause.

33.10 An employee to whom 33.9 and/or 33.10 applies shall accumulate and be paid for annual leave in the proportion that the annual leave entitlement bears to four weeks.

34. PERSONAL LEAVE

The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees.

34.1 Amount of paid personal leave

34.1.1 Paid personal leave is available to an employee when he or she is absent due to:

personal illness or injury (sick leave); or

for the purposes of caring for an immediate family or household member that is sick and requires the employee’s care and support (carer’s leave); or

because of bereavement on the death of an immediate family or household member (bereavement leave).

34.1.2 The amount of personal leave to which an employee is entitled depends on how long he or she has worked for the employer and accrues as follows:

34.1.3 In any year unused personal leave accrues by the lesser of:

34.1.3(a) 76 hours less the total amount of sick leave and carer’s leave taken during the year; or

34.1.3(b) the balance of the year’s unused personal leave.

34.2 Immediate family or household

34.2.1 The entitlement to carer’s or bereavement leave is subject to the person in respect of whom the leave is taken being either:

34.2.1(a) a member of the employee’s immediate family; or

34.2.1(b) a member of the employee’s household.

34.2.2 The term immediate family includes:

34.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and

34.2.2(b) 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 or spouse of the employee.

34.3 Sick leave

34.3.1 Definition

Sick leave is leave to which an employee other than a casual is entitled without loss of pay because of his or her personal illness or injury.

34.3.2 Entitlement

34.3.2(a) The amount of personal leave an employee may take as sick leave depends on how long he or she has worked for the employer and accrues as follows:

34.3.2(b) After the first six months of service, an employee must be paid for any sick leave to which he or she was not entitled, due to insufficient service, up to a maximum of 76 hours.

34.3.2(c) Accumulated personal leave may be used as sick leave if the current sick leave entitlement is exhausted.

34.3.2.(d) 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 ten weeks in any one year of service.

34.3.3 Employee must give notice

34.3.3(a) Before taking sick leave, an employee must give at least two hours’ notice before his or her next rostered starting time, unless he or she has a good reason for not doing so.

34.3.3(b) The notice must include:

34.3.3(b)(i) the nature of the injury or illness (if known); and

34.3.3(b)(ii) how long the employee expects to be away from work.

34.3.3(c) If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.

34.3.4 Evidence supporting claim

The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration that the employee was unable to work because of injury or personal illness.

Provided that the employee shall not be required to produce a certificate from a medical practitioner with respect to absences of two days or less unless after two such absences in any year of service, the employer requests in writing that the next and subsequent absences in that year, if any, shall be accompanied by a medical certificate.

34.3.5 The effect of workers’ compensation

If an employee is receiving workers’ compensation payments, he or she is not entitled to sick leave.

34.4 Bereavement leave

34.4.1 Paid leave entitlement

An employee other than a casual is entitled to use up to sixteen hours personal leave as bereavement leave on any occasion on which a member of the employee’s immediate family or household dies.

34.4.2 Unpaid leave entitlement

Where an employee has exhausted all personal leave entitlements, including accumulated leave entitlements, he or she is entitled to take unpaid bereavement leave. The employer and the employee should agree on the length of the unpaid leave. In the absence of agreement, the employee is entitled to take up to sixteen hours unpaid leave.

34.4.3 Evidence supporting claim

The employer may require the employee to provide satisfactory evidence of the death of the member of the employee’s immediate family or household.

34.5 Carer’s leave

34.5.1 Paid leave entitlement

An employee other than a casual is entitled to use up to 40 hours personal leave each year to care for members of his or her immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer’s leave where another person has taken leave to care for the same person.

34.5.2 Notice required

34.5.2(a) Before taking carer’s leave, an employee must give at least two hours’ notice before his or her next rostered starting time, unless he or she has a good reason for not doing so.

34.5.2(b) The notice must include:

34.5.2(b)(i) the name of the person requiring care and support and his or her relationship to the employee;

34.5.2(b)(ii) the reasons for taking such leave; and

34.5.2(b)(iii) the estimated length of absence.

34.5.2(c) If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.

34.5.3 Evidence supporting claim

The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.

34.5.4 Unpaid leave

An employee may take unpaid carer’s leave by agreement with the employer.

35. PARENTAL LEAVE

The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees.

Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

35.1 Definitions

35.1.1 For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where child means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

35.1.2 Subject to 35.1.3, in this clause, spouse includes a de facto or former spouse.

35.1.3 In relation to 35.5, spouse includes a de facto spouse but does not include a former spouse.

35.2 Basic entitlement

35.2.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

35.2.2 Subject to 35.3.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

35.2.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

35.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

35.3 Maternity leave

35.3.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

35.3.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) – at least ten weeks;

35.3.1(b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken – at least four weeks.

35.3.2 When the employee gives notice under 35.3.1(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

35.3.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

35.3.4 Subject to 35.2.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

35.3.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

35.3.6 Special material leave

35.3.6(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

35.3.6(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.

35.3.6(c) Where an employee not then on maternity leave suffers an illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

35.3.7 Where leave is granted under 35.3.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

35.4 Paternity leave

35.4.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:

35.4.1(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected dated of confinement, or states the date on which the birth took place; and

35.4.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and

35.4.1(c) a statutory declaration stating:

35.4.1(c)(i) he will take that period of paternity leave to become the primary care-giver of a child;

35.4.1(c)(ii) particulars of any period of maternity leave sought or taken by his spouse; and

35.4.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

35.4.2 The employee will not be in breach of 35.4.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

35.5 Adoption leave

35.5.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

35.5.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

35.5.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;

35.5.2(b) particulars of any period of adoption leave sought or taken by the employee’s spouse; and

35.5.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

35.5.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

35.5.4 Where the placement of child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.

35.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

35.5.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

35.6 Variation of period of parental leave

Unless agreed otherwise between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.

35.7 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks.

35.8 Transfer to a safe job

35.8.1 Where an employee is pregnant and, 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 will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

35.8.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

35.9 Returning to work after a period of parental leave

35.9.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

35.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 35.8, the employee will be entitled to return to the position they held immediately before such transfer.

35.9.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

35.10 Replacement employees

35.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

35.10.2 Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

36. JURY SERVICE

36.1 An employee required to attend for jury service during ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wage the employee would have received in respect of ordinary time the employee would have worked had they not been on jury service.

36.2 An employee shall notify the employer as soon as possible of the date on which they are required to attend for jury service. Further, the employee shall provide the employer with proof of this attendance, the duration of such attendance and the amount received in respect of such jury service.

37. LONG SERVICE LEAVE

37.1 Right to leave

An employee is entitled to leave with pay in respect of long service in accordance with the conditions set out in this clause.

37.2 Long service

37.2.1 The long service which shall entitle an employee to such leave shall, subject as herein provided, be continuous service with one and the same employer.

37.2.2 Such service shall include service prior to the first day of April 1958, if it continued until such time but only to the extent of the last twenty completed years of continuous service.

37.2.2(a) Where a business has, whether before or after the coming into operation hereof, been transmitted from an employer (herein called the transmittor) to another employer (herein called the transmittee) and an employee who at the time of such transmission was an employee of such transmittor in that business becomes an employee of the transmittee - the period of the continuous service which the employee has had with the transmittor shall be deemed to be service of the employee with the transmittee.

37.2.2(b) In this clause transmission includes transfer, conveyance, assignment or succession whether voluntary or by agreement or by operation of law and transmitted has a corresponding meaning.

37.2.3 Where, over a continuous period, an employee has been employed by two or more companies each of which is a relation company within the meaning of section 6 of the Companies Act 1961 (WA) the period of the continuous service which the employee has had with each of those companies shall be deemed to be service of the employee with the company by whom he/she is last employed.

Section 6 reads:

“(1) For the purposes of this Act, a corporation shall, subject to the provisions of subsection (3) of this section, be deemed to be a subsidiary of another corporation if,

(A) that other corporation:

(i) controls the composition of the board of directors of the first mentioned corporation;

(ii) controls more than half of the voting power in the first mentioned corporation; or

(iii) holds more than half of the issued share capital of the first mentioned corporation excluding any part thereof which carries no right to participate beyond a specified amount in a distribution of either profits or capital;

(B) the first mentioned corporation is a subsidiary of any corporation which is that other corporations subsidiary.

(2) For the purpose of subsection (1) of this section, the composition of a corporation’s board of directors shall be deemed to be controlled by another corporation if that other corporation by the exercise of some power exercisable by it without the consent or concurrence of any other person can appoint or remove all or a majority of the directors; and for the purposes of this provision that other corporation shall be deemed to have power to make such an appointment if:

(A) a person cannot be appointed as a director without the exercise in his favour by that other corporation of such a power; or

(B) a person’s appointment as a director follows necessarily from his being a director or other officer of that other corporation.

(3) In determining whether one corporation is a subsidiary of another corporation:

(A) any shares held or power exercisable by that other corporation in a fiduciary capacity shall be treated as not held or exercisable by it;

(B) subject to paragraphs (C) and (D) of this subsection, any shares held or power exercisable:

(i) by any person as a nominee for that other corporation (except where that other corporation is concerned only in a fiduciary capacity); or

(ii) by, or by a nominee for, a subsidiary of that other corporation, not being a subsidiary which is concerned only in a fiduciary capacity;

shall be treated as held or exercisable by that other corporation;

(C) any shares held or power exercisable by any person by virtue of the provisions of any debentures of the firstmentioned corporation or of a trust deed for securing any issue of such debenture shall be disregarded; and

(D) any shares held or power exercisable by, or by a nominee for, that other corporation or its subsidiary (not being held or exercisable as mentioned in paragraph (C) of this subsection) shall be treated as not held or exercisable by that other corporation if the ordinary business of that corporation or its subsidiary, as the case may be, includes the lending of money and the shares are held or power is so exercisable by way of security only for the purposes of a transaction entered into in the ordinary course of that business.

(4) A reference in this Act to the holding company of a company or other corporation shall be read as a reference to a corporation of which that last mentioned company or corporation is a subsidiary.

(5) Where a corporation:

(A) is the holding company of another corporation;

(B) is a subsidiary of another corporation;

(C) is a subsidiary of the holding company of another corporation that firstmentioned corporation and that other corporation shall for the purposes of this Act be deemed to be related to each other.”

37.2.4 Such service shall include:

37.2.4(a) Any period of absence from duty on any annual leave or long service leave.

37.2.4(b) Any period of absence from duty necessitated by sickness of or injury to the employee but only to the extent of fifteen working days in any year of his/her employment.

37.2.4(c) Any period following any termination of the employment by the employer if such termination has been made merely with the intention of avoiding obligations hereunder in respect of long service leave or obligations under any award in respect of annual leave;

37.2.4(d) Any period during which the service of the employee was or is interrupted by service:

37.2.4(d)(i) as a member of the naval, military or air forces of the Commonwealth of Australia other than as a member of the British Commonwealth Occupation Forces in Japan and other than as a member of the permanent forces of the Commonwealth of Australia except in the circumstances referred to in Section 31(2) of the Defence Act 1903-56, and except in Korea or Malaya after 26 June 1950;

37.2.4(d)(ii) as a member of the Civil Construction Corps established under the National Security Act, 1939-46;

37.2.4(d)(iii) in any of the armed forces under the National Service Act, 1951 (as amended).

37.2.4(e) Provided that the employee as soon as reasonably practicable on the completion of any such service resumed or resumes employment with the employer by whom he/she was employed immediately before the commencement of such service.

37.2.5 Service shall be deemed to be continuous notwithstanding:

37.2.5(a) the transmission of a business as referred to in 37.2.3;

37.2.5(b) the employment with related companies as referred to in 37.2.4;

37.2.5(c) any interruption of a class referred to in 37.2.4;

37.2.5(d) any absence from duty authorised by the employer;

37.2.5(e) any standing down of an employee in accordance with the provisions of an award, industrial agreement, order or determination under either Commonwealth or State law;

37.2.5(f) any absence from duty arising directly or indirectly from an industrial dispute if the employee returns to work in accordance with the terms of settlement of the dispute;

37.2.5(g) any termination of the employment by the employer on any ground other than slackness of trade if the employee be re-employed by the same employer within a period not exceeding two months from the date of such termination;

37.2.5(h) any termination of the employment by the employer on the ground of slackness of trade if the employee is re-employed by the same employer within a period not exceeding six months from the date of such termination;

37.2.5(i) any reasonable absence of the employee on legitimate Union business in respect of which he/she has requested and been refused leave;

37.2.5(j) any absence from duty after the coming into operation of this clause by reason of any cause not specified in this clause unless the employer during the absence or within fourteen days of the termination of the absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service, which notice may be given by delivery to the employee personally or by posting it by registered mail to his/her last recorded address, in which case it shall be deemed to have reached him/her in due course of post.

Provided that the period of absence from duty of the period of any interruption referred to in 37.2.5(a) to 37.2.5(j) shall not (except as set out in 37.2.5) count as service.

37.3 Period of leave

37.3.1 The leave to which an employee shall be entitled or deemed to be entitled shall be as provided in this clause.

37.3.2 Subject to the provisions of 37.3.5, 37.3.6 and 37.3.7, where an employee has completed at least fifteen years service the amount of leave shall be:

37.3.2(a) in respect, of fifteen years’ service so completed - thirteen weeks’ leave.

37.3.2(b) in respect of each ten years’ service completed after such fifteen years – 8-2/3rds weeks’ leave.

37.3.2(c) on the termination of the employee’s employment:

37.3.2(c)(i) by his/her death; or

37.3.2(c)(ii) in any circumstances, otherwise than by his/her employer for serious misconduct.

in respect of the number of years service with the employer completed since he/she last became entitled to an amount of long service leave, a proportionate amount on the basis of thirteen weeks for fifteen years’ service.

37.3.3 Where an employee has completed at least ten years’ service but less than fifteen years’ service since its commencement and his/her employment is terminated:

37.3.3(a) by his/her death; or

37.3.3(b) in any circumstances, otherwise than by his/her employer for serious misconduct, the amount of leave shall be such proportion of thirteen weeks’ leave as the number of completed years of such service bears to fifteen years.

37.3.4 In the cases to which 37.3.2(a) and clause 37.3.3 apply the employee shall be deemed to have been entitled to and to have commenced leave immediately prior to such termination.

37.3.5 An employee whose service with an employer commenced before 1 January 1988, and whose service would entitle him/her to long service leave under this clause shall be entitled to leave calculated on the following basis:

37.3.5(a) for each completed year of service commencing before 1 October 1964, an amount of leave calculated on the basis of thirteen weeks’ leave for twenty years’ service; and

37.3.5(b) for each completed year of service in the period commencing on or after 1 October 1964, and concluding 31 December 1987, an amount of leave calculated on the basis of thirteen weeks’ leave for fifteen years’ service.

Provided that such employee shall not be entitled to long service leave until his/her completed years of service entitle him/her to the amount of long service leave prescribed in either 37.3.2(a) or 37.3.2(b) as the case may be.

37.3.6 An employee to whom 37.3.2(c) and 37.3.2 apply and whose service with an employer commenced before 31 December 1987, shall be entitled to an amount of long service leave calculated on the following basis:

37.3.6(a) for each completed year of service commencing before 1 October 1964, an amount of leave calculated on the basis of 13 weeks’ leave for twenty years’ service; and

37.3.6(b) for each completed year of service in the period commencing on or after 1 October 1964, and concluding 31 December 1987, an amount of leave calculated on that basis of thirteen weeks’ leave for fifteen years’ service.

37.3.7 Notwithstanding the provisions of 37.3.2(a) an employee under this award who is employed on a site where the production award or industrial agreement applying to employees on that site provides for long service leave after ten years of service, shall be entitled to long service leave after each period of ten years’ service in accordance with this award. Accrual at the increased rate shall apply from 10 October 1988.

37.4 Payment for period of leave

37.4.1 An employee shall subject to 37.4.3 be entitled to be paid for each week of leave to which the employee has become entitled or is deemed to have become entitled at the rate of pay applicable at the date the employee commences such leave.

37.4.2 Such rate of pay shall be the rate applicable for the standard weekly hours which are prescribed by this award, but in the case of casual and part-time employees shall be the rate for the number of hours usually worked up to but not exceeding the prescribed standard.

37.4.3 Where by agreement between the employer and the employee the commencement of the leave to which the employee is entitled or any portion thereof is postponed to meet the convenience of the employee, the rate of pay applicable at the date of accrual, or, if so agreed, at the rate of pay applicable at the date the employee commences such leave.

37.4.4 The rate of pay:

37.4.4(a) shall include any deductions from wages for board and/or lodging or the like which is not provided and taken during the period of leave;

37.4.4(b) shall not include shift premiums, overtime, penalty rates, special rates, disability allowances, fares and travelling allowances or the like.

37.4.5 In the case of employees employed on piece or bonus work or any other system of payment by results the rate of pay shall be calculated by averaging the employee’s rate of pay for each week over the previous three monthly period.

37.5 Taking leave

37.5.1 In a case to which 37.3.2(a) and 37.3.2(b) apply:

37.5.1(a) Leave shall be granted and taken as soon as reasonably practicable after the right thereto accrues due or at such time or times as may be agreed between the employer and the employee or in the absence of such agreement at such time or times as may be determined by the Commission having regard to the needs of the employer’s establishment and the employee’s circumstances.

37.5.1(b) Except where the time for taking leave is agreed to by the employer and the employee or determined by the Commission the employer shall give to an employee at least one month’s notice of the date from which the employee’s leave is to be taken.

37.5.1(c) Leave may be granted and taken in one continuous period or if the employer and employee so agree in not more than three separate periods in respect of the first thirteen weeks’ entitlement and in not more than two separate periods in respect of any subsequent period of entitlement.

37.5.1(d) Any leave shall be inclusive of any public holidays specified in this award occurring during the period when the leave is taken but shall not be inclusive of any annual leave.

37.5.1(e) Payment shall be made in one of the following ways:

37.5.1(e)(i) in full before the employee goes on leave;

37.5.1(e)(ii) at the same time as the employee’s wages would have been paid if the employee had remained at work, in which case payment shall, if the employee in writing so requires, be made by cheque posted to an address specified by the employee; or

37.5.1(e)(iii) in any other way agreed between the employer and the employee.

37.5.1(f) No employee shall, during any period when on leave, engage in any employment for hire or reward in substitution for the employment from which they are on leave, and if an employee breaches this provision they shall forfeit the right to leave in respect of the unexpired period of leave upon which the employee has entered, and the employer shall be entitled to withhold any further payment in respect of the period and to reclaim any payment already made on account of such period of leave.

37.5.2 In the case to which 37.3.2(c) and 37.3.3 apply and in any case in which the employment of the employee who has become entitled to leave hereunder is terminated before such leave is taken or fully taken the employer shall, upon termination of employment otherwise than by death pay to the employee, and upon termination of employment by death pay to the personal representative of the employee upon request by the personal representative, a sum equivalent to the amount which would have been payable in respect of the period of leave to which the employee is entitled or deemed to have been entitled and which would have been taken but for such termination. Such payment shall be deemed to have satisfied the obligation of the employer in respect of leave hereunder.

37.6 Granting leave in advance and benefits to be brought into account

37.6.1 Any employer may by agreement with an employee allow leave to such an employee before the right thereto has accrued due, but where leave is taken in such case the employee shall not become entitled to any further leave hereunder in respect of any period until after the expiration of the period in respect of which such leave had been taken before it accrued due.

37.6.2 Where leave has been granted to an employee pursuant to the preceding paragraph before the right has accrued due and the employment subsequently is terminated the employer may deduct from whatever remuneration is payable upon the termination of the employment such amount as represents payment for any period for which the employee has been granted long service leave to which the employee was not at the date of termination of employment or prior entitled to.

37.6.3 Any leave, in the nature of long service leave or payment in lieu thereof under a State law or a long service leave scheme not under the provisions hereof, granted to an employee by his/her employer in respect of any period of service with the employer, shall be taken into account whether the same is granted before or after the coming into operation thereof and shall be deemed to have been leave taken and granted hereunder, in the case of leave with pay to the extent of the period of such leave and in the case of payment in lieu thereof to the extent of a period of leave with pay equivalent thereof of the entitlement of the employee hereunder.

38. PUBLIC HOLIDAYS

38.1 The following day or days shall be observed as holidays without deduction of pay. If work is done on any such days, the employee shall be paid for at the rate of double time and one half in lieu of the ordinary rate.

New Year’s Day

Australia Day

Labour Day

Good Friday

Easter Monday

Anzac Day

State Foundation Day

Sovereign’s Birthday

Christmas Day

Boxing Day.

38.2 When any of the days mentioned in 38.1, falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday, and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

38.3 Where:

38.3.1 a day is proclaimed as a public holiday or as a public half holiday under section 7 of the Public and Bank Holidays Act (WA), 1972; and

38.3.2 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.

PART 9 – AWARD COMPLIANCE
39. POSTING OF AWARD

This award shall be exhibited by each employer on his/her premises in a place accessible to all employees.

SCHEDULE OF RESPONDENTS

New South Wales

Fisher Catering Services Pty Ltd, 6 Villiers Street, North Paramatta, 2151
Mastercare Property Services Pty Ltd, Post Office Box 340, Lane Cove, 2066 (Contracting to Whim Creek Consolidated, Meekatharra)

Western Australia

AFCO Industrial Services Group Pty Ltd, 321 Adelaide Terrace, Perth, 6000
Alpha Catering Pty Ltd, PO Box 40, Applecross, 6153
Arrow Holdings Pty Ltd, 1757 Albany Highway, Kenwick, 6107
Atco Field Services, 41 Wellard Street, Spearwood, 6163
Aurum Caterers, C/- Mr Peter Smith, 2nd Floor, 78 Mill Point Road, South Perth, 6151
Baillette Services, 5/16 Kearns Crescent, Applecross, 6153
Berkeley Challenge Property Services Pty Ltd, 320 Lord Street, East Perth, 6000
Berkeley Cleaning Co. (Management) Pty Ltd, 320 Lord Street, East Perth, 6000
Caterking, Unit 15, 42 Short Street, East Perth, 6000
Challenge Catering, Western Mining Camp, PO Box 6, Leinster, 6437
Consolidated Catering Services Aust. Pty Ltd, 231 Adelaide Terrace, Perth, 6000
Cooper’s Cleaning Service, 37 Boundary Street, Kalgoorlie, 6430
Crocodile Catering Pty Ltd, 328 Albany Highway, Victoria Park, 6100
Dee Catering Services Pty Ltd, PO Box 134, Claremont, 6010
Delron Cleaning Pty Ltd, 247 Oxford Street, Leederville, 6007
Fenwick Catering, PO Box 5, Cue, 6442
Fernandez Cleaning, C/- Leo Blomm, 10 Morgan Street, Laverton, 6440
Fisher Catering Pty Ltd, C.S.A. Centre, 4th Floor, 445 Hay Street, Perth, 6000
GBW & Associates, 145 Stirling Highway, Nedlands, 6009
Gwil’s Cleaning Service, 47 Carew Street, Kalgoorlie, 6430
Inter City Cleaning Services, 16 Howlett Street, North Perth, 6006
Kay & Jay Cleaning Services, 286 McCourt Way, Karratha, 6714
Kennedy Cleaning Services (Australia) Pty Ltd, 33 Railway Parade, Mt Lawley, 6050
Lamington Cleaning Service, 85 Collins Street, Kalgoorlie, 6430
Laverton Gardening Services, 5 Shirley Avenue, Laverton, 6440
Lloyd’s Cleaning Service, 69 Campbell Street, Kalgoorlie, 6430
Minesite Contracting, Unit 1, 2nd Floor, Northcourt Building, Burroughs Road, Karrinyup, 6018
Nationwide Food Services Group Industrial Caterers, Piccadilly Square, Perth, 6000
Pavco Cleaning Co., 443 Vincent Street, Leederville, 6007
Poon Bros (WA) Pty Ltd, 234 Beaufort Street, Perth, 6000
Quirk Corporate Cleaning Australia Pty Ltd, Rokeby Road, Subiaco, 6008
Raemac Cleaning Service, 37 Needlewood Street, Kambalda West, 6444
Richard’s Carpet Cleaning, Kalgoorlie, 6430
Shoalwater Cleaning Services, 10 Kingallon Court, Rockingham, 6168
SHRM (Aust.) Pty Ltd, 178 St Georges Terrace, Perth, 6000
Sproge’s Cleaning Service, 65 Hopkins Street, Kalgoorlie, 6430
Tempo Services Pty Ltd, 21 Colray Avenue, Osborne Park, 6017
Tom Price Cleaning Services, 599 Nickol Avenue, Paraburdoo, 6754
Topic Catering, PO Box 152, Norseman, 6443
Town and Country, PO Box 110, Mt Magnet, 6638
Valus Pty Ltd, C/- Post Office, Laverton, 6440
Westralian Caterers, 11 Richardson Street, South Perth, 6151

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