AN160080 – Clerks' (Wholesale & Retail Establishments) Award No. 38 of 1947

This Fair Work Australia consolidated award reproduces the former State award Clerks' (Wholesale & Retail Establishments) Award No. 38 of 1947 as at 27 March 2006.

About this Award:
Formerly award CLR051 of the Western Australian Industrial Relations Commission.

Printed by authority of the Commonwealth Government Printer.

Disclaimer:
Please note that this consolidated former State award 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.

AN160080 [Notional FWA Consolidation]

Clerks' (Wholesale & Retail Establishments) Award
No. 38 of 1947

1. - TITLE

This award shall be known as the Clerks' (Wholesale & Retail Establishments) Award No. 38 of 1947 as amended and consolidated.

1B. - MINIMUM ADULT AWARD WAGE

(1) No adult employee shall be paid less than the Minimum Adult Award Wage unless otherwise provided by this clause.

(2) The Minimum Adult Award Wage for full time adult employees is $484.40 per week payable on and from 7th July 2005.

(3) The Minimum Adult Award Wage of $484.40 per week is deemed to include all arbitrated safety net adjustments from State Wage Case decisions.

(4) Unless otherwise provided in this clause adults employed as casuals, part time employees or pieceworkers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the Minimum Adult Award Wage according to the hours worked.

(5) Juniors shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the Minimum Adult Award Wage of $484.40 per week.

(6) (a) The Minimum Adult Award Wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate.

(b) Liberty to apply is reserved in relation to any special categories of employees not included here or otherwise in relation to the application of the Minimum Adult Award Wage.

(7) Subject to this clause the Minimum Adult Award Wage shall -

(a) apply to all work in ordinary hours.

(b) apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(8) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for adult employees payable under the 2005 State Wage Case Decision. Any increase arising from the insertion of the minimum adult award wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum adult award wage.

(9) Adult Apprentices

(a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or over, shall not be paid less than $406.70 per week.

(b) The rate paid in paragraph (a) above is payable on superannuation and during any period of paid leave prescribed by this Award.

(c) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

(d) Nothing in this clause shall operate to reduce the rate of pay fixed by this award for an adult apprentice in force immediately prior to 5th June 2003.

2. - ARRANGEMENT

2A. - NO EXTRA CLAIMS

It is a term of this award (arising from the decision of the Commission in Court Session in Application No. 704 of 1991) that the Union will not pursue prior to 15th November 1991 any extra claim, award or overaward, except where consistent with the State Wage Principles.

3. - AREA

The award shall operate within the State of Western Australia excepting that portion of the State within the 20th and 26th parallels of latitude and the 125th and 129th meridian of longitude.

4. - SCOPE

This award shall apply to all workers employed as clerks (including telephone attendants and messengers where such workers do clerical work) in wholesale and retail establishments as carried on by the respondents engaged in the industries shown in column 1 of the schedule annexed hereto.

This award shall not apply to any State trading concern.

5. - TERM

The term of this Award shall be for a period of three years commencing as from the beginning of the first pay period after the date hereof. (This award was delivered on the 3rd day of June, 1948.)

6. - DEFINITIONS

For the purpose of this Award

(1) "Adult" shall mean a worker twenty-one years of age and over, or a worker who is in receipt of the prescribed adult rate of pay.

(2) "Double time" for the purpose of this Award means twice the prescribed rate of wage.

(3) "Wholesale establishment" shall mean any warehouse or place where goods are exclusively or principally sold for resale and/or where goods are sold for consumption and/or use in other businesses.

(4) "Retail Establishment" shall mean any establishment where retail mercantile business is exclusively or principally carried on.

7. - HOURS OF DUTY

(1) (a) Wholesale (except as provided in subclause (2) of this clause) and retail establishments:

(i) The hours usually worked in each establishment immediately prior to the first day of January one thousand nine hundred and eighty six, shall continue to be observed during the currency of this award.

(ii) Subject to paragraph (b) of this subclause the ordinary hours of duty shall not exceed thirty eight hours per week and shall be worked at the option of the employer, in a five or five and a half day week, Monday to Saturday inclusive between the hours of 7.00 a.m. and 6.00 p.m. Provided where the ordinary hours are worked over five and a half days the ordinary hours on the half day shall conclude no later than 1.00 p.m. Provided further that in wholesale establishments where clerical employees work in direct association with other employees who ordinarily commence work earlier than 7.00 a.m. the spread of hours shall be between 6.30 a.m. and 6.00 p.m. Monday to Saturday inclusive.

(iii) Subject to paragraph (b) of this subclause, not more than eight ordinary hours shall be worked on any day.

(b) (i) Employees may work later than 6.00 p.m. as a consequence of late night trading and may work not more than eleven and one half ordinary hours and not later than 9.00 p.m. on the day of late night trading.

(ii) In the district of the Shire of Mandurah the Union and an employer may agree to a different spread of ordinary hours in a retail store in order to allow thirty eight ordinary hours to be worked on the days Monday to Friday inclusive.

(iii) In establishments where 19 days or less are worked in each 4 week cycle, up to 40 hours may be worked in any three weeks of such cycle.

(iv) In establishments where not more than 4 hours are worked on one day of each 2 week cycle up to 40 hours in any one week may be worked on one of those two weeks.

(2) (a) Fruit and Produce Markets, Ice and Ice-cream establishments and Milk and Cream establishments:

In fruit and produce markets, and ice or ice-cream establishments and milk and cream depots, or in the establishments of dealers in milk and/or cream, the maximum hours of duty to constitute a week's work shall, subject to paragraph (b), not exceed thirty eight hours to be worked in five or five and one half day week, Monday to Saturday inclusive, at the option of the employer, provided that in the case of fruit and produce markets the maximum daily spread of ten hours without overtime shall be allowed.

(b) (i) In establishments where 19 days or less are worked in each four week cycle, of 28 days, up to 40 hours may be worked in any three weeks of such cycle.

(ii) In establishments where not more than 4 hours are worked on one day of each two week cycle up to 40 hours in any one week may be worked on one of those two weeks.

(3) The lunch break of not less than 30 minutes and not more than one hour shall be taken at a time mutually agreed between the employer and the employee between the hours of 11.30 a.m. and 2.30 p.m. provided that the maximum period to be worked without a lunch break is five hours.

(4) (a) Any work performed as part of the ordinary weekly hours of duty of a 5½ day week employee up to 12.00 noon on the day on which the weekly half holiday is observed shall be paid at the rate of time and a half.

(b) Any work performed as part of the ordinary weekly hours of duty up to 12 noon on a Saturday shall be paid for at the rate of time and a quarter but this paragraph shall not apply to a employee entitled to payment under paragraph (a) hereof on that Saturday. Ordinary hours worked between 12 noon and 6.00 p.m. on Saturday shall be paid for at the rate of time and one half.

(c) Notwithstanding the provisions of paragraphs (a) and (b) of this subclause all time worked on Saturday, Easter Eve, within ordinary hours shall be paid for at the rate of time and one half.

(d) Late work: Any work performed as part of the ordinary weekly hours of duty after 6.00 p.m. in retail stores on the day of late trading shall be paid at the rate of time and a quarter.

(5) In those establishments where immediately prior to the first day of January nineteen hundred and eighty six the ordinary hours of duty exceeded thirty eight in any one week the thirty eight hour week shall be implemented by one of the following methods:

(a) In establishments employing on a regular basis 15 or more employees per week an employee shall not, unless specific agreement exists to the contrary between an employer and an employee, be required to work ordinary hours on more than 19 days in each 4 week cycle.

(b) In establishments employing on a regular basis more than 5 employees but less than 15 employees per week, unless specific agreement exists to the contrary between an employer and an employee, an employee may only be required to work:

(i) not more than 19 days' work in each 4 week cycle; or

(ii) not more than 4 hours' work on one day of each 2 week cycle; or

(iii) not more than 6 hours' work on one day in each week.

(c) In establishments employing on a regular basis 5 or less employees:

(i) by employees being required to work not more than 19 days in each 4 week cycle; or

(ii) by employees being required to work not more than 4 hours on one day of each 2 week cycle; or

(iii) by employees being required to work not more than 6 hours on one day of each week; or

(iv) by employees being required to work less than 8 ordinary hours on each day.

(d) In any case where agreement is reached between an employer and an employee pursuant to paragraph (a) and (b) of this subclause, the Union shall be notified in writing no later than 7 days prior to the implementation of such agreement.

(e) Any dispute concerning the method of implementation shall be referred to the Commission for determination.

(f) An employee shall not be required to work on a day or partial day when such a day is the rostered day or partial day off for that employee, unless such employee elects to work on such day. Where an employee so elects, all time worked shall be paid for at double time, with a minimum payment of four hours at double time.

(g) By agreement, employees may request an alternate day to the rostered day off within the current cycle for personal reasons.

(h) Schedules of Rostered Days Off shall be published and displayed in a place accessible to staff one month in advance.

(i) If a public holiday falls on a rostered day off due to an employee under placita (i) or (ii) of paragraph (b) of this subclause, such employee shall be compensated in one of the following methods by agreement between the employer and the employee:

(i) payment of an additional day's wages, or

(ii) another day shall be allowed with pay within twenty eight days, or

(iii) an additional day shall be added to the annual leave entitlement.

(6) (a) Paragraphs (b) and (c) of this clause apply to all those establishments where immediately prior to the first day of January 1986 the ordinary hours of duty exceeded 38. In the case of establishments where immediately prior to the first day of January 1986 the ordinary hours of duty were 38 hours or less subclauses (b) and (c) of this clause may only be applied after that date, where an employer introduces a system of working ordinary hours on not more than 19 days in each 4 weekly cycle. Where any method of payment other than weekly payment by cash had been introduced prior to the said date, that alternate method of payment may only continue for so long as each employee so paid agrees.

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

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

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

(iv) No employee shall be required to accept a change in the method of payment if such change causes hardship. Any dispute concerning hardship in a particular case shall be referred to a Board of Reference for determination.

(c) (i) The employer may elect to pay employees weekly or fortnightly in accordance with paragraph (b) of this clause.

(ii) No employer shall change the frequency of payment to employees without first giving them and the Union at least four weeks' notice of such change.

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

(7) For the purposes of affecting the rostering off of workers as provided by this award, ordinary wages may be paid either for the actual hours worked each pay period or by an amount being calculated on the basis of the average of 38 hours per week.

(8) Notwithstanding the other provisions of this clause an employer and the Union may agree that ordinary hours shall be worked over 19 days of a four week cycle on such other basis as may be agreed. Such agreement shall be in writing.

8. - OVERTIME

(1) Except as hereinafter provided in this clause, all time worked on any one day outside the ordinary hours of duty shall be paid for at the rate of time and one half for the first two hours and double time thereafter. All time worked on a Saturday after 6.00 p.m. or after 1.00 p.m. if the half day is observed on that day shall be paid for at the rate of double time.

(2) All time worked on Sundays shall be paid for at the rate of double time.

(3) (a) Subject to paragraph (b) hereof all time worked on any of the holidays prescribed by this award shall be paid for at the rate of double time and a half.

(b) In fruit and produce markets, ice and ice-cream establishments, milk and cream depots and the establishments of dealers in milk and cream, the worker shall be paid for work on holidays during "ordinary" hours, his ordinary day's pay, plus half time rate for the time actually worked and shall in addition be allowed a day in lieu to be added to his annual leave, or taken some other time if the worker and employer agree. For work in "overtime" hours a worker employed in one of the abovementioned establishments shall be paid overtime as provided in paragraph (a) hereof, where the time is worked continuously with work in "ordinary" hours.

Provided that where the worker and employer mutually agree, a worker shall be paid for work on holidays in accordance with the provisions of paragraph (a) of this subclause.

(4) Notwithstanding any other provision of this clause any recall to work on any day of the week shall be paid for with a minimum payment as for three hours at overtime rates and time reasonably spent in travelling shall be counted as time worked.

(5) In the computation of overtime each day shall stand by itself.

(6) (a) An employer may require any worker to work reasonable overtime at overtime rates, and such worker shall work overtime in accordance with such requirement.

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

(7) Any clerk in receipt of a salary at the rate of twenty per centum per week or more in excess of the rate herein prescribed for a Clerical Officer Grade 3 Year 1 shall be paid at his ordinary rate of pay for any overtime worked in lieu of the rates prescribed by this clause.

(8) All overtime worked on Easter Eve in a retail store shall be paid at the rate of double time.

9. - MEAL ALLOWANCE

(1) In addition to the overtime prescribed in Clause 8. - Overtime a meal allowance of $8.35 shall be paid on the following basis:

(a) To an employee who, at the requirement of the employer, works two hours or more overtime after the completion of the ordinary hours.

(b) If the employee is required to work after 1.00 p.m. on a Sunday, or any holiday, prescribed under this award.

(2) Late Night Trading Meal Allowance:

(a) An employee who commences work at or prior to 1.00 p.m. on the day of late night trading and is required to work beyond 6.00 p.m. on that day shall be paid a meal allowance of $8.35.

(b) A part time employee who at 7 December 1988 was in receipt of a meal allowance from the employer for any work performed after 6.00 p.m. on the day of late night trading shall continue to receive that meal allowance while that employee remains employed by the same employer until a date agreed by the parties or determined by the Western Australian Industrial Relations Commission.

(3) Meal money may be paid prior to the meal period on the day upon which the allowance is payable or paid together with the normal weekly or fortnightly pay as appropriate.

(4) Provided that in lieu of the payment prescribed by this clause an employer may supply the employee with a suitable meal.

10. - HOLIDAYS

(1) The following days or the days observed in lieu shall subject to Clause 8. - Overtime and subject as hereinafter provided, be allowed as holidays without deduction of pay, namely - New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties, in lieu of any of the days named in the subclause.

(2) When any of the days mentioned in subclause (1) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the 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.

(3) Where -

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

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

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

(4) (a) When any of the holidays prescribed in this clause fall on a day which for a full time employee (other than a five and a half day employee) is a day of the week upon which he or she is usually required to work less than one fifth of his or her ordinary weekly hours of duty, such employee shall be allowed time off duty without deduction of pay equivalent to the difference between the time usually worked (on that day) and one fifth of the ordinary weekly hours of duty.

(b) In the case of a five and a half day week employee, if he or she usually works less than two elevenths of his or her ordinary weekly hours on such a day, such employee shall be allowed time off duty equivalent to the difference between the time usually worked (on that day) and two elevenths of the ordinary weekly hours of duty.

(c) Provided that an employee who works overtime on such a day shall receive time off equivalent to the difference between the time off calculated in accordance with paragraphs (a) or (b) of this subclause and the hours for which he or she has been paid at overtime rates.

(d) The time off duty is to be allowed either :-

(i) at a time mutually agreed to between the employee and employer or

(ii) in addition to but not as a part of the annual leave to which the employer is entitled pursuant to Clause 12 - Annual Leave of the Award.

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

11. - CLASSIFICATIONS AND WAGE RATES

11.1 Grading structure

11.1.1 Advising employees of grading

11.1.1 (a) All employees covered by this award shall be graded according to the grading structure set out in this clause. Employers shall advise their employees in writing of their grading and of any changes to their grading.

11.1.1 (b) Employees shall be graded at this level where the principal functions of their employment, as determined by the employer, require the exercise of any one or more of the skill levels set out in the Grade descriptors.

11.1.1 (c) This classification structure will not be used to assess the award wage rate of any person who is a proprietor, director, or manager of a company, business or undertaking, or any person to whom has been delegated the right to engage and terminate the employment of other employees.

11.1.1 (d) Employees may be required to train other employees in the skills of their own grade, or grades below their own, by means of personal instruction and demonstration.

11.1.2 Employees disputing grading

11.1.2 (a) An employee can dispute any grading or new grading made in accordance with 11.1 hereof by advising the employer in writing.

11.1.2 (b) If this dispute cannot be resolve by the employer and employee in a reasonable time it will be dealt with in accordance with the dispute resolution procedure in this award.

11.2 Classifications and wage rates

11.2.1 Grade 1 clerical assistant

11.2.1 (a) Employees in this grade perform and are accountable for clerical and office tasks as directed within the skill levels set out. They work within established routines, methods and procedures. Supervision is routine or direct.

11.2.1 (b) Machine operation - skill level 1

Operate telephone/intercom systems (eg Commander type), telephone answering machines, facsimile machines, photocopiers, franking machines, guillotines, calculator and adding machines, paging system, typewriter and telex machines.

11.2.1 (c) Computer - Skill Level 1

Use knowledge of keyboard and basic menu-driven options and function keys to enter, retrieve and print data; use printer.

Use of safe and correct opening and closing down procedures.

11.2.1 (d) Information handling skills - skill level 1

Receive, sort, open, distribute incoming mail, process outgoing mail, receive incoming and despatch outgoing courier mail, deliver messages and documents to appropriate persons/locations;

Work with established filing/records system in accordance with set procedures including creating and indexing new files, distributing files/publications within the organisation as requested; monitoring file locations.

Prepare and collate documents, take telephone messages;

Transcribe information into records, sort and file documents/records accurately in correct locations/sequence using an established filing system.

11.2.1 (e) Enterprise/industry, specialist skills - skill level 1

Acquire and apply a limited knowledge of office procedures and requirements.

Relay internal information.

11.2.1 (f) Business/Financial - skills level 1

Sort, process and record original source financial documents (e.g. invoices, cheques, correspondence) on a daily basis.

11.2.2 Grade 2 clerical officer

11.2.2 (a) Employees in this grade perform clerical and office tasks using a more extensive range of skills and knowledge at a level higher than required in Grade 1. They are responsible and accountable for their own work, which is performed within established routines, methods and procedures.

Supervision is general.

11.2.2 (b) Technical Skills

Machine Operation - skill level 2

Operate switchboard (PABX system)

Keyboard Typing - skill level 1

Produce documents using standard formats at 25 wpm with 98% accuracy.

Computer- skill level 2

Manipulate previously created data bases, spreadsheets/worksheets; calculate alpha-numerical and related information to perform routine tasks and generate simple reports.

Word Processing - skill level 1

Produce simple and routine documents using keyboard skills within designated timeframes.

11.2.2 (c) Information handling skills - skill level 2

Maintain mail register and records. Use and maintain established filing/records systems in accordance with set procedures including creating and indexing new files, distributing files within the organisation as requested, monitoring file locations;

11.2.2 (d) Enterprise/industry, specialist skills - skill level 2

Acquire and apply a working knowledge of office or sectional operating procedures and requirements.

Interpret and action information supplied.

Acquire and apply a working knowledge of the organisation’s structure and personnel in order to deal with inquiries at first instance, locate appropriate staff in different sections, relay internal information, respond to or redirect inquiries, greet visitors.

11.2.2 (e) Business/financial skills - skill level 1

Assist in the maintenance of financial records and journals, including checks and authorisation. Maintain and record petty cash, prepare bank deposits and withdrawals banking; Check time and wage records.

11.2.3 Grade 3 clerical officer

11.2.3 (a) Employees in this grade perform clerical and office tasks using a more extensive range of skills and knowledge at a level higher than required in Grade 2.

They are responsible and accountable for their own work, which is performed within established guidelines, they exercise limited discretion within the range of their skill and knowledge. Supervision is limited.

11.2.3 (b) Technical Skills

Machine Operation - skill level 3

Operate computerised radio telephone equipment, dictaphone equipment or other equipment of equal complexity.

Computer - skill level 3

Use one or more software application package(s) to operate and populate a database, spreadsheet/ worksheet to achieve a desired result; graph previously prepared spreadsheet; use simple menu utilities.

Following standard procedures to template for the preceding functions using existing models/fields of information.

Create, maintain and generate simple reports.

Keyboard Typing - skill level 2

Accurately produce documents and correspondence using knowledge of standard formats, touch type, audio type within established procedures.

Copy type at 40 wpm with 98% accuracy.

Word Processing - skill level 2

Use one or more software packages to create format, edit, proof read, spell check, print and save text documents, e.g. standard correspondence and business documents.

Apply additional functions such as search and replace, variable fonts, moving and

11.2.3 (c) Secretarial - skill level 1

Take shorthand notes at 80 wpm and transcribe with 98% accuracy. Arrange travel bookings and itineraries, make appointments.

11.2.3 (d) Enterprise/industry, specialist skills - skill level 3

Apply a working knowledge of the organisation’s products/services, functions, locations and clients. Respond to and act upon most internal/external inquiries in own function area.

11.2.3 (e) Information handling skills - skill level 3

Oversee record management systems including review and analysis.

11.2.3 (f) Business/financial skills - skill level 2

Maintain financial records and journals, maintain payroll records; prepare accounts payable for payment.

11.2.4 Grade 4 clerical officer

11.2.4 (a) Employees in this grade perform clerical and office tasks using a more extensive range of skills and knowledge at a level higher than required in Grade 3. They are responsible and accountable for their own work, and exercise discretion and initiative in the organisation of work within prescribed limits. Supervision is limited.

11.2.4 (b) Keyboard typing - skill level 3

Format complex documents including technical data, technical language, tables, graphs, text design, indexing, variable type face; produce documents requiring specified form or to comply with regulations or standards.

11.2.4 (c) Computer - skill level 3

Apply knowledge of intermediate functions to manipulate data, i.e. modify fields of information, develop new basic databases or spreadsheet models; spreadsheet, perform reconciliation.

11.2.4 d) Word processing - skill level 2

Use one or more software packages to apply advanced functions such as text columns, money columns, tables, e.g. to produce financial statements, printed forms, sorting, boxes, create displays of charts or graphs in report format, select style sheets appropriate to final presentation.

11.2.4 (e) Secretarial - skill level 2

Take shorthand notes at 100 words per minute and transcribe at 95% accuracy; manage executive appointments; respond to invitations; organise internal meetings on behalf of executive; establish and maintain reference lists/personal contact systems for executives.

11.2.4 (f) Enterprise/industry, specialist skills - skill level 4

Provide detailed advice and information on the organisation’s products and services; respond to client/public/supplier and internal organisation inquiries, within own function area, using such techniques as personal interview and liaison; explain organisation's viewpoint to clients and appropriate persons; using knowledge of internal/external regulatory requirements related to own function area. Acquire and use specialist vocabulary, i.e. technical/medical/legal within the scope of this grade.

11.2.4 (g) Information handling skills - skill level 4

Create new forms of files and records as required using computer-based records systems; e.g. customer/client/supplier and subscription lists. Access, identify, and extract information as required from external sources, e.g. databases, libraries, local authorities.

11.2.4 (h) Business/financial skills - skill level 3

Prepare cash payment summaries and banking reports; apply purchasing and inventory control requirements; reconcile debtors, creditors and general ledger accounts to balance; follow-up unpaid accounts by telephone liaison/interview, prepare documentation on overdue accounts for senior officers or referral to debt recovery processes; calculate wage and salary requirements including tax, superannuation and other deductions and transfer payments for authorisation; calculate stock valuations; prepare bank reconciliation; calculate costing using established formulae for all inputs and margins.

11.2.4 (i) Supervisory - skill level 1

Allocate work tasks to individuals, check work progress and correct errors.

11.2.5 Grade 5 administrative officer

11.2.5 (a) Employees in this grade perform clerical and administrative duties using a more extensive range of skills and knowledge at a level higher than required in Grade 4. They are responsible and accountable for their own work, and may have limited responsibility for the work of others. They exercise initiative, discretion and judgement within the range of their skills and knowledge. Supervision is minimal.

11.2.5 (b) Computer - skill level 4

Use a variety of application software packages within a micro/personal computer network including importing data from one package to another. Evaluate usefulness or applicability of software programs (using existing software programs) and recommend preferred solutions to meet new or different application requirements. Use advanced spreadsheet functions (e.g. Macro functions etc) to enhance operation of the spreadsheet. Use a central computer resource to an equivalent standard.

11.2.5 (c) Word processing - skill level 3

Use all preceding word processing functions and integrate word processing software with other application software packages to produce complex text and data documents. Apply knowledge of desktop publishing to integrate complex documents. Apply advanced functions including Macros, moving columns for complex formatting of documents such as multi-column reports and presentations, including booklets. Apply complex maths functions.

11.2.5 (d) Secretarial - skill level 3

Take shorthand notes at 120 words per minute and transcribe at 95% accuracy; attend executive/organisational meetings and take minutes; answer executive correspondence from verbal or rough hand-written instructions; organise teleconferences.

11.2.5 (e) Enterprise industry, specialist skills - skill level 5

Apply detailed knowledge of the industry in which the organisation operates to complex issues/arrangements in such areas as consumer/client services, special products/service knowledge, and respond within established internal/external regulatory parameters and policies. Indicative Specialist Skills Include; apply detailed knowledge of customs law and regulations to overseas sales and ordering. Apply detailed knowledge of inventory/stock requirements to obtain competitive quotations and initiate purchasing. Apply detailed knowledge of internal/external regulatory parameters and policies relating to industrial employment law, occupational health and safety, workers compensation claims procedures, superannuation requirements.

11.2.5 (f) Information handling skills - skill level 5

Develop, plan and implement new paper based/manual filing records systems for the enterprise; assist in separate undertaking research (locate/solicit, summarise/extract and interpret information) related to function areas.

11.2.5 (g) Business/financial skills - skill level 4

Post transactions to ledger and prepare a trial balance; prepare end of the period adjustments and transfers using general journal; prepare financial/tax schedules for periodic tax requirements such as payroll, sales and group tax returns; reconcile general ledger accounts; determine costing by calculating input costs and margins.

Apply detailed knowledge of organisations credit terms to new accounts and to following up significant debtors, prepare periodic debtor statements.

11.2.5 (h) Supervisory - skill level 2

Resolve operational problems for staff in lower grades, co-ordinate work flow within a section or unit, and counsel and advise staff who are under routine supervision.

11.2.6 Grade 6 administrative officer

11.2.6 (a) Employees in this grade perform clerical and administrative duties using a more extensive range of skills and knowledge at a level higher than required in Grade 5. They are responsible and accountable for their own work, and may have responsibility for the work of a section or unit. They exercise initiative, discretion and judgement within the range of their skills and knowledge. Supervision is by means of reporting to more senior staff as required.

11.2.6 (b) Computer - skill level 5

Operating/co-ordinating a group of computers such as a small multi-user system or a large group of personal computers which may include operating a help desk, running and monitoring batch jobs and performing regular back-ups and restores.

11.2.6 (c) Enterprise/industry, specialist skills - skill level 6

Apply knowledge of the organisation's objectives and performance, and apply specialist knowledge, in areas such as projected growth, product trends and general industry conditions, examples include: knowledge of competitors and major clients market structure in the performance of own responsibilities; import/export activities. Indicative Specialist Skills Include; Use knowledge of basic statistics to interpret data from spreadsheets, statistical tables, graphs and frequency tables in the performance of own responsibilities. Administration of workers compensation claims, insurance and disputed claims.

11.2.6 (d) Supervisory - skill level 3

Plan and organise work priorities of a unit or section; re-schedule workloads as necessary and resolve operational problems for unit or section; monitor work quality of those supervised; use observations, diagnosis and intervention skills to ensure unit/section meets objectives; organise and chair necessary work meetings/conferences; assist in planning future sectional/office organisational resources and equipment needs.

11.2.6 (e) Business/financial skills - skill level 5

Administer individual salary packages, travel expenses, allowances and company transport. Administer specialist salary and payroll requirements, e.g. Eligible Termination Payments, Superannuation Trust Deed Requirements, Redundancy Calculations, Maintenance Support Schemes, etc.

11.2.6 (f) Secretarial - skill level 4

As well as having shorthand skills of Skill Level 3, arrange conferences and external meetings, including venues, agendas, documentation, audio-visual requirements, catering, transport and accommodation; originate executive correspondence; assist executive in preparing, attending and following up appointments, interviews, meetings, etc; assume responsibility for Designated areas of executive's work, on delegated authority.

11.3 Supervision:

Employees are subject to five defined levels of supervision which can be generally categorised as follows:

Direct - the employee receives detailed instructions on work to be performed and is subject to frequent personal progress checks.

Routine - the employee receives broad instructions on work to be performed except when new or unusual features require more specific instructions. Work in progress is checked intermittently while all work is checked on completion.

General - the employee receives specific instructions only when new procedures or tasks are involved. Work is checked on completion.

Limited - the employee is subject to work checks which are generally confined to establishing that satisfactory progress is being made. Work is reviewed on completion.

Minimal - the employee is subject to final review/report back on work and may receive assistance with specific problems.

NB. Supervision is not a criteria for determining classification levels but should be used as a guide in determining the overall level of responsibility and autonomy expected of the principal functions of the job.

11.4 Junior Employees

Base Rate (per week) expressed as a percentage of the rate prescribed for the relevant year of experience at the Grade in paragraph 11.1 hereof appropriate to the work performed by the junior employee -

11.5 Casual Employees

11.5.1 A casual clerk may be employed at an hourly rate for a lesser period than four weeks and shall be paid while so employed, twenty-five percent in addition to the Weekly award rate prescribed by this award with a minimum engagement of four hours: Provided that, notwithstanding anything contained in this subclause, the basis and terms of employment of a casual clerk may be varied by agreement in writing between the employer and the Union.

11.5.2 Subject to any agreement between the employer and the employee to the contrary, subclause (6) of Clause 7. - Hours of Duty, shall not apply to such casual employee.

11.6 Part-time Employees:

11.6.1 A part-time employee shall be an employee engaged at an hourly rate for a lesser period per week than the hours usually worked in each establishment.

11.6.2 Progression through the incremental levels of the appropriate grade in this clause shall be strictly related proportionally in accordance with the number of hours worked, to the conditions prescribed in each establishment for full-time employees.

11.6.3 Payment of annual leave and sick pay for part-time employees shall be strictly related proportionately in accordance with the number of hours worked, to the conditions prescribed in each establishment for full-time employees.

11.6.4 Subject to any agreement between the employee and the employer to the contrary, subclause (5) of Clause 7. - Hours of Duty, shall not apply to part-time employees.

11.7 Implementation:

An employer shall grade clerical employees according to this clause no later than the first pay period on or after the 1st October 2004 and, if such grading entitles an employee to an increased weekly wage in accordance with this clause, such increase shall be implemented and paid in the following manner -

where the increase to an employee is 3% or less, such increase is to be paid from the beginning of the first pay period commencing on or after the 1st October 2004:

where the increase to an employee is more than 3%, but 6% or less, half the increase shall be paid from the beginning of the first pay period commencing on or after the 1 st October 2004 and the total increase shall be paid from the beginning of the first pay period commencing on or after the 1st January 2005;

where the increase to an employee is more than 6%, but 9% or less, one third of the increase shall be paid from the beginning of the first pay period commencing on or after the 1 st October 2004 , two thirds of the increase shall be paid from the beginning of the first pay period commencing on or after the 1 st January 2005, and the total increase shall be paid from the beginning of the first pay period commencing on or after the 1st April 2005;

where the increase due to an employee is greater than 9%, one quarter of the increase shall be paid from the beginning of the first pay period commencing on or after the 1 st October 2004, half the increase shall be paid from the beginning of the first pay period commencing on or after the 1 st January 2005, three quarters of the increase shall be paid from the beginning of the first pay period commencing on or after the 1 st April 2005 and the total increase shall be paid from the beginning of the first pay period commencing on or after the 1 July 2005.

12. - ANNUAL LEAVE

(1) Except as hereinafter provided a period of four consecutive weeks' leave with payment of ordinary wage shall be allowed annually to a worker by his employer after a period of twelve months' continuous service with such employer.

(2) (a) During a period of annual leave a worker shall be paid a loading of 17 1/2 per cent calculated on his ordinary rate of wage.

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

(c) A worker in receipt of a weekly wage prescribed by this award for the classification of "Clerical Officer Grade 3 Year 1" with the addition of twenty per centum may be employed on the basis that the annual leave loading prescribed in paragraph (a) hereof may be calculated on a rate other than his ordinary rate provided that such rate is not less than the Senior Clerk's rate.

This paragraph only applies to a worker who has signed a statement in his own handwriting to this effect at the time of his engagement or to a worker employed on this basis prior to 30th April 1981.

(3) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker would have been an ordinary working day, there shall be added to that period one day, being an ordinary working day, for each such holiday observed as aforesaid.

(4) (a) If after one month's continuous service in any qualifying twelve monthly period a worker lawfully leaves his employment, or his employment is terminated by the employer through no fault of the worker, the worker shall be paid one thirteenth of a week's pay at his ordinary rate of wage in respect of each completed week of continuous service.

(b) In addition to any payment to which he may be entitled under paragraph (a) hereof, a worker whose employment terminates after he has completed a twelve monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period shall be given payment in lieu of that leave or, in a case to which subclause (10) of this clause applies, in lieu of so much of that leave as has not been allowed, unless -

(i) he has been justifiably dismissed for misconduct; and

(ii) the misconduct for which he has been dismissed occurred prior to the completion of that qualifying period.

(5) Any time in respect of which a worker is absent from work, except time for which he is entitled to claim sick pay, or time spent on holidays or annual leave as prescribed by this award, shall not count for the purpose of determining his right to annual leave.

(6) With the mutual consent of the employer and the employee, annual leave may be taken in more than one period, provided that one of those periods is not less than two weeks.

(7) Every worker shall be given and shall take annual leave within nine months after the date it falls due.

(8) No worker shall be required to proceed on annual leave unless at least two weeks prior notice is given. The employer shall, as far as practicable, arrange to grant annual leave to suit the convenience of the worker. In the event of disagreement on any proposed alteration to annual leave arrangements once they are made by an employer and worker the matter shall be determined by a Board of Reference.

(9) The provisions of this clause shall not apply to casual workers.

(10) Notwithstanding anything else herein contained an employer who observes a Christmas closedown for the purpose of granting annual leave may require a worker to take his annual leave in not more than two periods but neither of such periods shall be less than one week.

13. - SICK LEAVE

(1) (a) A worker who is unable to attend or remain at his place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions.

(b) Entitlement to payment shall accrue at a rate of one sixth of a week for each completed month of service with the employer.

(c) If in the first or successive years of service with the employer a worker is absent on the ground of personal ill health or injury for a period longer than his entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the worker's services terminate, if before the end of that year of service, to the extent that the worker has become entitled to further paid sick leave during that year of service.

(2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the worker 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 a worker shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service.

(3) To be entitled to payment in accordance with this clause the worker shall as soon as reasonably practicable advise the employer of his inability to attend for work, the nature of his illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence.

(4) The provisions of this clause do not apply to a worker who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require provided that the worker shall not be required to produce a certificate from a medical practitioner with respect to absence of two days or less unless after two such absences in any year of service the employer requests that the next and subsequent absences in that year if any, shall be accompanied by such certificate.

(5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to a worker who suffers personal ill health or injury during the time when he is absent on annual leave and a worker may apply for and the employer shall grant paid sick leave in place of paid annual leave.

(b) Application for replacement shall be made within seven days of resuming work and then only if the worker was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecutive days or more and he produces a certificate from a registered medical practitioner that he was so confined. Provided that the provisions of this paragraph do not relieve the worker of the obligation to advise the employer in accordance with subclause (3) of this clause if he is unable to attend for work on the working day next following his annual leave.

(c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the worker was entitled at the time he proceeded on annual leave and shall not be made with respect to fractions of a day.

(d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the worker or, failing agreement, shall be added to the worker's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 12. - Annual Leave.

(e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 12. - Annual Leave shall be deemed to have been paid with respect to the replaced annual leave.

(6) Where a business has been transmitted from one employer to another and the worker's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave provisions published in volume 59 of the Western Australian Industrial Gazette at pages 1-6, the paid sick leave standing to the credit of the worker at the date of transmission from service with the transmittor shall stand to the credit of the worker at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.

(7) The provisions of this clause with respect to payment do not apply to workers who are entitled to payment under the Workers' Compensation Act nor to workers whose injury or illness is the result of the worker's own misconduct.

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

14. - CONTRACT OF SERVICE

(1) An employer may direct an employee to carry out such duties as are within the limits of the employees' skill, competence and training.

(2) The employment of any employee shall be terminable by one week's notice on either side. If such notice is not given one week's wages shall be paid or forfeited as the case may be. Provided that an employee may be summarily dismissed for gross misconduct, in which case he or she shall be paid up to the time of dismissal only.

(3) (a) Notwithstanding the provisions of subclause (2) hereof the employer may stand down without pay any employee who cannot be usefully employed because of any strike, ban, limitation or restriction on the performance of work by employees, or any union, association, or organisation, or because of any break down or failure of the employer's machinery which the employer could not reasonably have prevented.

(b) The provisions of paragraph (a) of this subclause shall not be applied unless and until the ordinary hours in which the employee cannot be usefully employed because of a strike, ban, limitation, or restriction on the performance of work or a break down or failure of the employer's machinery exceeds four.

15. - REFERENCE

On leaving the employ of an employer the worker shall be given a reference setting out length of service and duties performed.

16. - RECORD

(1) Each employer bound by this award shall maintain a record containing the following information relating to each employee:

(a) The name and address given by the employee.

(b) The age of the employee if under 21 years of age.

(c) The classification of the employee and whether the employee is full-time, part-time or casual.

(d) The commencing and finishing times of each period of work each day.

(e) The number of ordinary hours and the number of overtime hours worked each day and the totals for each pay period.

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

(2) At the time of payment of wages the employee shall be given a pay slip showing that part of the record specified in paragraphs (e) and (f) of subclause (1) with respect to the pay period for which payment is being made.

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

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

(b) The record shall be kept in date order so that the inspections referred to in subclauses (2) and (4) of this clause may be made with respect to any period in the six years from 1 March 1984.

(c) The employer may, if it is part of normal business practice, periodically send the record or any part of the record to another person, provided that the provision of this paragraph shall not relieve the employer the obligations with respect to provisions contained elsewhere in this clause with the exception of those contained in paragraph (b) of this subclause. Where the employer is to send the record or any part of the record to another person as prescribed by this paragraph, then a copy of the documents sent away shall be kept on the business premises of the employer.

(d) Subject to this clause the record shall be available for inspection by a duly authorised official of the union during the normal hours of business of the employer, but excepting any time when the employer or his employees who are required to maintain the record may be absent.

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

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

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

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

(i) employers who normally keep the record at a place more than 35 kilometres from the G.P.O. Perth shall send a copy of that part of the record specified to the office of the union; and

(ii) employers who normally keep the record at a place less than 35 kilometres from the G.P.O. Perth shall make the record available to the union official at the time specified by the union official. If the record is not then made available to the union official the employer shall within three days send a copy of that part of the record specified to the office of the union.

(d) In the event of a dispute between the union and the employer as to the availability and/or supply of the record, the parties may apply to the Western Australian Industrial Relations Commission for direction. An application for direction shall, subject to that direction, stay the requirements contained elsewhere in this clause.

17. - DELETED

18. - TRAVELLING TIME

(1) When a worker is required to work temporarily at a location other than his usual place of duty, any excess fare over that which he normally incurs shall be paid by the employer.

(2) When a worker is engaged at such a distance that he cannot return at night, suitable board and lodging shall be found at the employer's expense.

(3) All travelling time outside ordinary working hours shall be paid for at ordinary rates up to a maximum of twelve hours in any twenty four hours period from the time of starting on the journey: Provided that when the travelling is by coastal boat not more than eight hours shall be paid for in any such period.

(4) Notwithstanding the other provisions of this clause a worker may not be required to work temporarily at a location other than his usual place of duty for more than three months of any twelve months' period without his written consent.

19. - MIXED FUNCTIONS

A worker relieving another worker whose princpal function as determined by the employer requires the exercise of any one or more of the skill levels set out in a higher grade for a period of not less than one week continuously shall be paid the higher minimum rate appropriate to the position whilst so employed.

20. - AGED AND INFIRM WORKERS

(1) Any worker who by reason of old age or infirmity, is unable to earn the minimum wage may be paid such lesser wage as may from time to time be agreed upon in writing between the Union and the employer.

(2) In the event of no agreement being arrived at the matter may be referred to the Board of Reference for determination.

(3 ) After application has been made to the Board of Reference and pending the decision of the Board, the worker shall be entitled to work for and be employed at the proposed lesser rate.

21. - PROPORTION OF JUNIORS

The proportion of juniors that may be employed shall be:

(a) Where no adult worker is employed one junior may be employed;

(b) Where the number of adult workers employed does not exceed twelve the proportion of juniors that may be employed shall not exceed two to one;

(c) Where the number of adult workers employed exceeds twelve the proportion of juniors that may be employed in respect of the excess shall not exceed three to each two adult workers.

Provided that employers previously conforming to the Proportion of Juniors clause, the foregoing shall not necessitate the dismissal of any person employed at the date of this amendment, and it shall not constitute a breach of this clause if the retaining of existing staff does not conform to the aforesaid proportion.

In computing the number of junior workers to be allowed under this clause all clerical workers in the establishment shall be taken into consideration.

22. - CERTIFICATE OF AGE

An employee under twenty-one years of age shall, upon engagement, furnish the employer with a certificate showing the following particulars -

(a) name in full;

(b) date of birth;

(c) name of each previous employer;

(d) class of work performed for each previous employer.

No employee shall have any claim upon an employer for additional wages on the event of any of the above particulars being wrongly stated on the certificate. If any employee shall wilfully mis-state his/her age in the certificate then he/she alone shall be guilty of a breach of this award.

23. - GENERAL

(1) In the event of the death of a worker the cash equivalent of all annual leave due at the time of death shall be paid to the worker's dependants or personal representative.

(2) No worker shall, as a result of the operation of this award, suffer any loss of salary which he or she may have enjoyed to the date of this award.

(3) On the pay day each worker shall have endorsed on the pay envelope the amount of ordinary salary or wages due, details of the overtime due for that pay period, details of all deductions made from the gross earnings, and the net amount payable shall be shown.

24. - RIGHT OF ENTRY

A duly accredited representative of the Union shall be permitted to interview any worker on legitimate Union business on the business premises of his employer during the recognised meal hour of the worker with the permission of his employer (which permission shall not be unreasonably withheld) but this permission shall not be exercised more than once in any one week without the consent of the employer.

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

25. - COMPASSIONATE LEAVE

(1) A worker shall, on the death of the spouse, father, mother, brother, sister, child, step-child, or guardian of dependent children of the worker be entitled to leave up to and including the day of the funeral of such relation; such leave, for a period not exceeding two days in respect of any such death, shall be without loss of any ordinary pay which the worker would have received if he had not been on such leave.

(2) The right to such paid leave shall be dependent on compliance with the following conditions:

(a) The worker shall give the employer notice of his intention to take such leave as soon as reasonably practicable after the death of such relation, and in respect of a death overseas of a prescribed relative, the worker shall provide to his employer such evidence that he is attending the funeral.

(b) Satisfactory evidence of such death shall be furnished by the worker to his employer.

(c) The worker shall not be entitled to leave under this clause in respect of any period which coincides with any other period of leave entitlement under this award or otherwise.

26. - DELETED

27. - LONG SERVICE LEAVE

The Long Service Leave provisions in volume 59 of the Western Australian Industrial Gazette at pages 1 to 6 inclusive are hereby incorporated in and shall be deemed to be part of this award.

28. - LOCATION ALLOWANCES

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

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

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

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

(3) Where an employee:

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

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

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

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

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

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

(7) For the purposes of this clause:

(a) "Dependant" shall mean -

(i) a spouse or defacto partner; or

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

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

(b) "Partial Dependant" shall mean a "dependant" as prescribed in paragraph (a) of this subclause who receives a location allowance which is less than the location allowance prescribed in subclause (1) of this clause or who, if in receipt of a salary or wage package, receives less than a full consideration for which the location allowance is payable pursuant to the provisions of this clause.

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

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

29. - DELETED

30. - MATERNITY LEAVE

(1) Eligibility for Maternity Leave

A worker who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months' continuous service with that employer immediately preceding the date upon which she proceeds upon such leave.

For the purposes of this clause:

(a) A worker shall include a part-time worker but shall not include a worker engaged upon casual or seasonal work.

(b) Maternity leave shall mean unpaid maternity leave.

(2) Period of Leave and Commencement of Leave

(a) Subject to subclauses (3) and (6) hereof, the period of maternity leave shall be for an unbroken period of from 12 to 52 weeks and shall include a period of six weeks' compulsory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement.

(b) A worker shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement.

(c) A worker shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to commence maternity leave, stating the period of leave to be taken.

(d) A worker shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date.

(3) Transfer to a Safe-Job

Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the worker make it inadvisable for the worker to continue at her present work, the worker shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

If the transfer to a safe job is not practicable, the worker may, or the employer may require the worker to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof.

(4) Variation of Period of Maternity Leave

New Section's Body

(5) Cancellation of Maternity Leave

New Section's Body

(6) Special Maternity Leave and Sick Leave

(a) Where the pregnancy of a worker not then on maternity leave terminates after 28 weeks other than by the birth of a living child then -

(i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, or

(ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly qualified medical practitioner certifies as necessary before her return to work

(b) Where a worker not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks.

(c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave.

(d) A worker returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position she held immediately before such transfer.

Where such position no longer exists but there are other positions available, for which the worker is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position.

(7) Maternity Leave and Other Leave Entitlements

Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks.

(a) A worker may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled.

(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to a worker during her absence on maternity leave.

(8) Effect of Maternity Leave on Employment

Notwithstanding any award, or other provision to the contrary, absence on maternity leave shall not break the continuity of service of a worker but shall not be taken into account in calculating the period of service for any purpose of the award.

(9) Termination of Employment

(a) A worker on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award.

(b) An employer shall not terminate the employment of a worker on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

(10) Return to Work After Maternity Leave

(a) A worker shall confirm her intention of returning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave.

(b) A worker, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of a worker who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the worker is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position.

(11) Replacement Workers

(a) A replacement worker is a worker specifically engaged as a result of a worker proceeding on maternity leave.

(b) Before an employer engages a replacement worker under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the worker who is being replaced.

(c) Before an employer engages a person to replace a worker temporarily promoted or transferred in order to replace a worker exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the worker who is being replaced.

(d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement worker.

(e) A replacement worker shall not be entitled to any of the rights conferred by this clause except where her employment continues beyond the 12 months qualifying period.

New Section's Body

31. - SHIFT WORK

(1) (a) An employee may be engaged on shift work in accordance with the provisions of this clause.

(b) The provisions of this clause are to be read in conjunction with the other provisions of this award provided that in the event of conflict between provisions the requirements of this clause shall prevail.

(2) Shift Loadings -

(a) Subject to paragraph (b) hereof a loading of fifteen percent on the ordinary rate shall be paid for time worked on afternoon or night shift as defined hereunder:

(i) Afternoon shift - commencing between twelve noon and six p.m.

(ii) Night shift - commencing between six p.m. and four a.m.

(b) Liberty is reserved to the Union to apply to the Commission for a higher shift loading for employees unable to rotate afternoon and/or night shift with day shift.

(c) This subclause shall not apply to any work performed on Saturdays, Sundays or holidays as prescribed by this award.

(3) Saturday, Sunday and Holiday Shift Loadings -

(a) All ordinary hours worked on a Saturday shall be paid for at the rate of time and one half, ordinary hours worked on a Sunday shall be paid for at the rate of time and three quarters.

(b) All work performed on a holiday prescribed by this award shall be paid for at the rate of double time and one half.

(4) Day in Lieu -

When a shift worker is rostered off duty on a holiday prescribed by this award he shall be allowed a day in lieu with pay to be added to his annual leave or to be taken at some other time as mutually agreed between himself and the employer.

(5) Additional Leave -

A continuous shift worker who is rostered to work regularly on Sundays and holidays shall be allowed one week's leave in addition to the annual leave to which he is otherwise entitled under this award, provided however that where a worker is proceeding on annual leave or whose services are terminated has been engaged for part of the twelve preceding months period on a roster as aforesaid he shall be entitled to one twelfth of a week for each completed month he is continuously so engaged added to his normal entitlements.

(6) Roster -

Workers shall work their ordinary hours according to a roster which shall be updated by the employer so that a worker always has at least one week's notice of times to be worked. The roster shall not be altered with less than one week's notice to the workers concerned. Hours worked outside the roster hours shall be deemed overtime and paid at overtime rates, provided that overtime rates shall not be payable as a result of any excess hours being worked by a worker that are occasioned by arrangements between the workers themselves.

(7) Leave Loading -

During a period of annual leave a worker shall be paid a loading of 17 1/2% calculated on his ordinary wage as prescribed. Provided that where a shift worker would have received shift loadings had he not been on leave during the relevant period and such loadings would have entitled him to a greater amount than the loading of 17 1/2% then the shift loadings shall be added to his ordinary wage as prescribed in lieu of the 17 1/2% loading.

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

(8) Sequence -

(a) Where any particular work is carried out on shifts other than day shift, and less than five consecutive afternoon or five consecutive night shifts are worked, then employees employed on such afternoon or night shifts shall be paid at overtime rates.

Provided that where the ordinary hours of work normally worked in an establishment are worked on less than five days then the provisions of paragraph (a) shall be as if four consecutive shifts were substituted for five consecutive shifts.

(b) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work is not carried out on a Saturday or Sunday or any other day that the employer observes a shut down for the purpose of allowing a shorter working week or on any holiday.

(9) Overtime -

All overtime worked by continuous shift workers shall be paid for at the rate of double time except for work on holidays prescribed by this award which shall be paid for as prescribed by the Overtime clause.

(10) Hours -

The ordinary hours of duty shall not exceed eight hours per day, inclusive of thirty minutes crib time to be worked consecutively and shall not exceed eighty hours in any two weeks provided that:

(i) A worker shall not be rostered for duty shifts for more than seven consecutive days, and

(ii) A worker's rostered days off shall not be single days.

32. - UNIFORMS

Any employer who or which after the 20th day of May, 1985 requires an employee to wear a uniform for the purpose of his or her employment for the first time in that employment shall supply such uniform or pay for its purchase and such uniform shall remain the property of the employer.

For the purpose of this clause "a uniform" shall mean any outer wearing apparel which is distinctive to the employer's business either by bearing an embroidered or other permanent form of logo or business name or being outer wearing apparel of identical style, cut or design and colour for all of the employees required to wear such a uniform.

Any matter of disagreement between an employer and his employee(s) upon the application of the provisions of this clause shall be referred to a Board of Reference for hearing and determination.

33. - TRAINEESHIPS

(1) Scope:

This clause shall apply to a trainee employed under the Australian Traineeship System by an employer approved by the State Management Committee.

(2) Definitions:

For the purposes of this clause -

The "Australian Traineeship System" means a structured system of on the job training with an employer and off the job training in a Technical and Further Education College or other training provider approved by the State Management Committee.

"Trainee" means an employee engaged under the terms of this award and in accordance with the provisions of an Australian Traineeship established pursuant to Section 37D of the Industrial and Commercial Training Act 1975 and approved by the State Management Committee.

"Traineeship Scheme" is a formal agreement of training approved by the State Management Committee and registered pursuant to Section 37D of the Industrial and Commercial Training Act, 1975.

"State Management Committee" means a Committee comprising representatives from the Confederation of Western Australian Industry, the Trades and Labor Council of Western Australia, Technical and Further Education (TAFE) and the relevant Federal and State Government Departments which approve traineeship arrangements by agreement of each of the parties. The State Management Committee may be established pursuant to the provisions of the Industrial and Commercial Training Act, 1975 or any amendment to or substitution of that Act, provided that any Committee or body established in lieu of the State Management Committee has the same representatives structure and decision making processes as that Committee.

34. - SUPERANNUATION

The superannuation provisions contained herein operate subject to the requirements of the hereinafter prescribed provision titled - Compliance, Nomination and Transition.

(1) Definitions:

In this clause:

(a) "Approved Occupational Superannuation Fund" means a superannuation fund which complies with the Occupational Superannuation Standards Act, 1987.

(b) "Fund" means:

(i) the Clerical, Administrative and Retail Employees' Superannuation Plan; or

(ii) Westscheme; or

(iii) any other approved occupational superannuation fund; or

(iv) any other approved occupational superannuation fund to which an employer or employee who is a member of the religious fellowship known as Brethren elects to contribute.

(c) "Ordinary Time Earnings" means the base classification rate, including supplementary payments where appropriate, in charge rates, shift penalties and any overaward payments, together with any other all purpose allowance or penalty payment for work in ordinary time and shall include in respect to casual employees the appropriate casual loadings prescribed by this award, but shall exclude any payment for overtime worked, vehicle allowances, fares or travelling time allowances (including payments made for travelling relating to distant work), commission or bonus.

(d) "Eligible Employee" means an employee whose employment is regulated by this Award, who has completed one month's continuous service with the employer, who becomes a member of the fund, and for whom 3% of ordinary time earnings equals $2.00 per week or more. The sum of $2.00 shall be increased to correspond to increases in administrative charges in Westscheme from time to time.

(e) "Trustee" means the trustee of the relevant fund.

(2) Choice of Fund:

(a) Existing employers as at the date of this order must notify the Union of the fund in subclause (1)(b)(iii) to which they intend to contribute and the date of commencement of contributions.

(b) The Union must be notified in writing of the choice of fund and the date of commencement of contributions referred to in paragraph (a) within 30 days of the date of this order.

(c) Future employers must notify in writing the Union of the fund in subclause (1)(b)(iii) into which they intend to contribute and the intended date of the commencement of contributions at least 30 days prior to the payment of the first contributions to the fund.

(d) Within 30 days of the notice referred to in paragraphs (b) and (c) the Union may challenge the suitability of the proposed fund by notifying both the Commission and the employer of a dispute.

(3) Contributions:

(a) An employer shall, subject to subclauses (11) and (12), contribute to a fund referred to in subclause (1)(b) in respect of all eligible employees an amount equal to 3% of each employee's ordinary time earnings each week with effect from the first pay period on or after 1 July, 1989, or the employee's commencement date, whichever is the later.

(b) Employer contributions together with any employee deductions shall be paid monthly for pay periods completed in each month. Provided that payments may be made at such other times and in such other manner as may be agreed in writing between the Trustee of the Fund and the employer from time to time.

(c) No contributions shall be made for:

(i) periods of unpaid leave or unauthorised absences; or

(ii) annual leave or any other payments paid out on termination.

(4) Alternative Calculation of Payments:

Notwithstanding the provisions of this clause the payment required to be made to a fund may be calculated on a basis agreed in writing between the Union and the employer.

(5) Employer to Continue Participation:

An employer who participates in the fund shall not cease participation in the fund whilst employing any eligible employee.

(6) Cessation of Contributions:

The obligation of the employer to contribute to the fund in respect of an eligible employee shall cease on the last day of an eligible employee's employment with the employer.

(7) Employer Failure to Participate in Fund:

(a) Where an employer has failed to make application to participate in a fund or has failed to make payments to a fund, the employer shall be required to make application to participate in a fund or to make payments to a fund within seven days of the failure being brought to the employer's attention by any person.

(b) Where there has been a failure to make application to participate in a fund, upon acceptance by the trustee the employer shall make a once only contribution to a fund in respect of each eligible employee equivalent to the contributions which would otherwise have been payable in accordance with this clause.

(c) Where there has been a failure to make payments to a fund the employer shall make a once only contribution to a fund in respect of each eligible employee equivalent to the contributions which the employer has failed to pay.

(8) Employees' Additional Voluntary Contributions:

(a) Where the rules of the fund allow an eligible employee to make additional contributions an eligible employee may elect to make additional contributions to the fund and the employer shall, where an election is made upon the direction of the employee deduct contributions from the employee's wages and pay them to the fund in accordance with the direction of the employee and the rules of the fund.

(b) If 3% of an employee's ordinary time earnings are less than $2.00 and the employee elects:

(i) to make voluntary contributions to the fund; or

(ii) to have death and/or disability cover,

then the employer contribution shall be payable to the fund.

(9) Existing Superannuation Arrangements:

No employer shall be excluded from this clause on the basis of existing voluntary superannuation arrangements.

(10) Supersession by Other Award or Agreement:

Nothing contained in this clause shall prevent any or all of the parties to this award from entering into other awards or agreements which have the effect of superseding the superannuation provisions contained in this clause.

(11) Suspension:

(a) Where, pursuant to subclause (2)(d) the Union challenges an employer's choice of fund, the employer shall not make contributions to that fund until the dispute has been resolved by the Commission.

(b) The contributions not made pursuant to paragraph (a) shall be made to the appropriate fund in accordance with subclause (3)(a) following the resolution of the dispute by the Commission.

(12) Employee Entry into Fund:

(a) The employer must provide an employee with an application to join a fund within 14 days of the operative date of this clause or within 14 days of an employee commencing employment, whichever is the later.

(b) The employer is not obliged to make contributions to a fund:

(i) where an employee has completed a letter of denial; or

(ii) where an employee has not completed and returned the application referred to in paragraph (a) within 28 days of the operative date of this clause or within 28 days of an employee commencing employment, whichever is the later.

provided that an employer shall make contributions to a fund from the date on which the employee subsequently completes an application form.

(c) If the employer fails to provide the employee with the application form referred to in paragraph (a) within the time prescribed in that paragraph the employer shall be obliged to make contributions as if the application had been provided within the prescribed time, provided that the employee returns the application within 14 days of being provided with the application by the employer.

(d) The letter of denial shall be in the following form:

"To (employer)

I have received an application for membership of the non-contributory Superannuation Fund and understand:

(1) that should I sign such form you will make contributions on by behalf; and

(2) that I am not required to make contributions of my own; and

(3) that no deductions will be made from my wages for superannuation without my consent.

However, I do not wish to be a member of the Fund or have contributions made on my behalf.

(Signature)

(Name)

(Address)

(Classification)

(Date)"

(e) A copy of the letter of denial shall be forwarded to the Union.

(13) Preservation:

The provisions of this clause shall not apply to any employer who has entered into an arrangement to pay superannuation contributions into any other approved occupational superannuation fund and such arrangement has been ratified by either the Western Australian Industrial Relations Commission or the Australian Industrial Relations Commission.

Compliance, Nomination and Transition

Notwithstanding anything contained elsewhere herein which requires that contribution be made to a superannuation fund or scheme in respect of an employee, on and from 30 June 1998 -

(a) Any such fund or scheme shall no longer be a complying superannuation fund or scheme for the purposes of this clause unless -

(i) the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and

(ii) under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme;

(b) The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee;

(c) The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable;

(d) A nomination or notification of the type referred to in paragraphs (b) and (c) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed;

(e) The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made;

(f) The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by a employee;

Provided that on and from 30 June 1998, and until an employee thereafter nominates a complying superannuation fund or scheme -

(g) if one or more complying superannuation funds or schemes to which contributions may be made be specified herein, the employer is required to make contributions to that fund or scheme, or one of those funds or schemes nominated by the employer;

or

(h) if no complying superannuation fund or scheme to which contributions may be made be specified herein, the employer is required to make contributions to a complying fund or scheme nominated by the employer.

35. - SPECIAL CONDITIONS

(1) This clause shall apply to the employers named in this subclause and to their employees employed pursuant to the provisions of this award.

(a) Myer Stores Ltd (Incorporated in Victoria)

First Floor

569 Wellington Street

PERTH WA 6000

(b) Coles Myer Ltd t/a Coles Supermarkets

Bannister Road

CANNING VALE WA 6155

(c) K Mart

Bannister Road

CANNING VALE WA 6155

(d) Target Australia Ltd

State Office

Alexandra Place

BENTLEY WA 6102

(e) Woolworths (WA) Ltd

Regional Office

123 Kewdale Road

KEWDALE WA 6105

(f) FAL

18 Miles Road

KEWDALE WA 6105

(2) Whereas employees of the abovenamed employers were, pursuant to Order No. 1072 of 1987, entitled to an amount of $9.00 per week (or the appropriate junior proportion) in addition to the rates prescribed in Clause 11. - Rates of Pay, as a consequence of the Order issuing in Application No. 1584D of 1989:

(a) an employee in receipt of a Minimum Rate Adjustment increase in excess of $9.00 (or the appropriate junior proportion) per week shall have the $9.00, or proportion thereof, absorbed into his or her new wage rate; and

(b ) an employee in receipt of a Minimum Rate Adjustment increase which is less that $9.00 (or the appropriate junior proportion thereof) shall continue to be paid so much of the $9.00 amount (or proportion) as is necessary to maintain the employee's previous wage until such time as the award wage is equal to the employee's previous wage.

36. - AWARD MODERNISATION (ENTERPRISE AGREEMENTS)

(1) The parties are committed to modernising the terms of this award.

(2) Employers and employees covered by this award may reach agreement at the level of individual enterprises to provide for more flexible working arrangements, improved quality of working life, enhanced skills and job satisfaction. Such Enterprise Agreements may involve a variation in the application of award provisions in order to meet the requirements of individual enterprises and their employees. Agreements may be negotiated and consequential award variations processed in accordance with subclause (3) of this clause.

(3) The Union will discuss all matters relating to increased flexibility that are raised by the employer. Any such discussion with the Union shall be on the premise that:

(a) The majority of employees at the enterprise must genuinely agree.

(b) No employee will lose income as a result of the change.

(c) The Union must be party to the agreement, in particular, where enterprise level discussions are considering matters requiring any award variation, the Union shall be invited to participate.

(d) The Union shall not unreasonably oppose any agreement.

(e) Agreements are to be submitted for ratification by the Western Australian Industrial Relations Commission.

37. - ANNUALISED SALARIES

37.1 An employee classified in Level 4 or above may agree with his/her employer, as an alternative to being paid in accordance with clause 11, to be paid an annualised salary.

37.1.1 There is no requirement that the employer pay award penalty rates, overtime payments, annual leave loading and allowances in addition to the annualised salary. However the annualised salary, less the Superannuation Guarantee Levy component, must be subject to annual review and be sufficient to cover what the employee would have been paid if all award penalty rates, overtime payments, annual leave loading and allowances were paid based on a 38 hour week.

37.1.2 The agreement reached in 37.1 will be confirmed in writing by the employer and will include the employee’s classification, normal hours of work and the annual salary paid in regular, but no less than 12 monthly, instalments each year.

37.1.3 In the event of termination of employment prior to completion of a year, the annualised salary paid during such period of employment will be sufficient to cover what the employee would have received if all award penalty rates, overtime payments and allowances were paid.

37.1.4 At the employee’s request a review of the employee’s annualised salary will be conducted if the salary, less the Superannuation Guarantee Levy component, does not cover what the employee would have received if all award penalty rates, overtime payments and allowances arising from the award were paid. As a result of a review, an employee may elect to revert back to the award rates of pay basis and receive all award benefits in lieu of the salary.

37.1.5 An employee being paid according to this clause shall ordinarily be rostered to work over a five or five and a half day week. If such an employee is required to work on a public holiday, the employee shall be entitled to a day off in lieu of the public holiday, or to a day added to his or her annual leave entitlement, or to be compensated as part of their annual salary.

38. - LIBERTY TO APPLY

Liberty is reserved to the parties to amend this award in respect of the following matters

37.1.2 – Clause 11 – Classification and Wage Rates

37.1.3 – Clause 36 – Annualised Salaries

DATED at Perth the 3rd day of June, 1948.


APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT

(1) This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation Amendment Act 1997).

(2) Subject to this appendix, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award/industrial agreement.

(a) The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.

(b) (i) If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.

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

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

(4) Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have effect unless and until that conflict is resolved to allow for it.

(5) Nothing in this appendix shall be read so as to exclude an organisation party to or bound by the award/industrial agreement from representing its members.

(6) Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission provided that with effect from 22 November 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission..

SCHEDULE - NAMED UNION PARTY

The Federated Clerks' Union of Australia, Industrial Union of Workers, W.A. Branch is a named party to this Award.

SCHEDULE I - WHOLESALE

(EDIT SCH)SCHEDULE II – RETAIL

(EDIT SCH)SCHEDULE III - GERALDTON – WHOLESALE

SCHEDULE IV - ALBANY – WHOLESALE

APPENDIX - S.49B - INSPECTION OF RECORDS REQUIREMENTS

(1) Where this award, order or industrial agreement empowers a representative of an organisation of employees party to this award, order or industrial agreement to inspect the time and wages records of an employee or former employee, that power shall be exercised subject to the Industrial Relations (General) Regulations 1997 (as may be amended from time to time) and the following:

(a) The employer may refuse the representative access to the records if:

-(i) the employer is of the opinion that access to the records by the representative of the organisation would infringe the privacy of persons who are not members of the organisation; and

(ii) the employer undertakes to produce the records to an Industrial Inspector within 48 hours of being notified of the requirement to inspect by the representative.

(b) The power of inspection may only be exercised by a representative of an organisation of employees authorised for the purpose in accordance with the rules of the organisation.

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

(16) Any employer or organisation bound by or party to this award/order/industrial agreement may apply to the Western Australian Industrial Relations Commission at any time in relation to this clause.

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