AP817073 - Private Hospital and Residential Aged Care (Nursing Homes) Award 2002

This Fair Work Australia consolidated award incorporates all amendments up to and including 21 November 2008 (variation PR984639).

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

13. Wages

16. Overtime

21. Uniform and laundry allowance

22. Location allowance

23. Motor vehicle allowance

About this Award:
This award consolidates Private Hospitals and Nursing Homes (ALHMWU) Interim Award 1996 [AW792946]

Printed by authority of the Commonwealth Government Printer.


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

Copies of official decisions, awards and orders of Fair Work Australia and the Australian Industrial Relations Commission (prior to 1 July 2009) can be accessed at no cost through Fair Work Australia’s website (www.fwa.gov.au) or purchased from any office of Fair Work Australia.

AP817073 [Pre-reform FWA Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the
Workplace Relations and Other Legislation Amendment Act 1996
(C No. 00463 of 1998)

PRIVATE HOSPITALS AND NURSING HOMES (ALHMWU)
INTERIM AWARD, 1996
(ODN C No. 21817 of 1993)
[Print N6906 [AW792946]]

Award simplification.

ORDER

A. Further to the decision issued by the Commission on 12 October 2001 [Print PR910160] the above award is varied as follows:

By deleting all clauses, schedules and appendices and inserting the following:

1. TITLE

This award shall be known as the Private Hospital and Residential Aged Care (Nursing Homes) Award 2002.

2. ARRANGEMENT

[2 amended by PR967290]

1. Title
2. Arrangement [PR967290]
3. Commencement date of award and period of operation
4. Parties bound [PR961473]
5. Effect of award
6. Definitions [PR961473]
7. Ordinary hours
8. Accrued time off
9. Part-time employees
10. Casual employees
11. Temporary employees
12. Rosters
13. Wages [PR984639]
14. Payment of wages
15. Higher duties
16. Overtime [PR984639]
17. Meal and tea breaks
18. Shift and weekend penalties
19. Calculation of penalties
20. Blank
21. Uniform and laundry allowance [PR984639]
22. Location allowance [PR984639]
23. Motor vehicle allowance [PR984639]
24. Accommodation charges
25. Personal leave [PR967290]

25A. Bereavement leave [PR967290]

25B. Casual employment [PR967290]

26. Annual leave [PR967290]
27. Public holidays
28. Long service leave
29. Parental leave
30. Posting of award
31. Blank
32. Notice of termination [PR967290]

32A. Redundancy [PR967290]

33. Supported wage system [PR961473]
34. National training wage award
35. Superannuation
36. Enterprise flexibility provisions
37. Dispute settlement
38. Anti-discrimination
39. Index of facilitative provisions

Schedule A - Respondents

3. COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION

This award shall come into operation from the first pay period commencing on or after 18 July 2002 and shall continue in operation for a period of six months.

4. PARTIES BOUND

This award binds:

4.1 Employers named in Schedule A - Respondents in respect of persons employed by them (whether members of the union or not), in the callings described in clause 13 - Wages in:

4.1.1 Private hospitals; or

4.1.2 Residential care facilities wholly or partially funded under the Aged Care Act 1997 (Cth);

licensed under the Hospitals Act 1927 (WA);

4.2 The Australian Red Cross Society WA Branch in respect of Blood Transfusion Service Mobile Assistants.

4.3 The Cerebral Palsy Association of WA Ltd in respect of Residential Care Workers; and

[4.4 varied by PR961473 ppc 08Sep05]

4.4 the Liquor, Hospitality and Miscellaneous Union and its members;

in the State of Western Australia.

Provided that this award shall not bind the employer in respect of any facility covered by the Residential Aged Care (Hostels) Award 2002.

5. EFFECT OF AWARD

5.1 This award supersedes the Private Hospital and Nursing Homes (ALHMWU) Interim Award 1996 [Print N6906 [AW792946]] provided that no right, obligation or liability accrued under that award shall be affected by the supersession.

5.2 Nothing contained in this award shall operate to reduce the wage of any employee who at the date of this award is being paid a higher rate of wage than the minimum prescribed for their class of work.

6. DEFINITIONS

6.1 Accrued time off means the paid time off accruing to an employee resulting from an entitlement to the 38 hour week as prescribed by clause 7 - Ordinary Hours.

6.2 Afternoon shift means a shift commencing after 12.00 noon and before 6.00 p.m. and finishing at or after 6.00 p.m.

6.3 Full-time employee means an employee engaged to work an average of 38 ordinary hours per week.

6.4 Maintenance employee (hospital worker level 1) means an employee whose principal duties consist of maintenance, servicing and repairs, of minor nature, to fitments, equipment, buildings or furniture and may include general yard, grounds, cleaning and rubbish removal duties or assisting a trades person.

6.5 Maintenance employee (hospital worker level 3) means an employee whose principal duties require the use of skills above and beyond those of an employee at level 1. Duties at level 3 may include repair and maintenance of equipment, buildings and building services; learning, recording and understanding daily log readings and any other duties as required which do not involve trades person or equivalent specialist skills.

6.6 Night shift means a shift commencing at or after 6.00 p.m. and before 4.00 a.m.

6.7 Orderly means an employee who is not otherwise classified in this award.

[6.8 varied by PR961473 ppc 08Sep05]

6.8 Union means Liquor, Hospitality and Miscellaneous Union.

7. ORDINARY HOURS

7.1 The ordinary hours of work of a full-time employee are an average of 38 per week and shall be worked in one of the following ways:

7.1.1 160 hours in each four week period with time off accruing in accordance with clause 8 - Accrued time off;

7.1.2 38 hours in each week;

7.1.3 four days of nine and a half hours in each week;

7.1.4 four days of eight hours and one of six hours in each week;

7.1.5 76 hours in each fortnight;

7.1.6 152 hours in each four week period; or

7.1.7 nineteen days of eight hours in each four week period.

7.2 The ordinary hours of work shall be worked in accordance with 7.1.1 unless there is agreement between the employer and employee to the contrary.

7.3 Notwithstanding 7.2 an employee who works no more than sixteen hours or two shifts per week shall not be entitled to accrue time off unless the employer agrees.

7.4 The agreed hours of work arrangement must meet the following conditions:

7.4.1 Ordinary hours of work shall not exceed ten per day.

7.4.2 The minimum shift length is three consecutive hours.

7.4.3 Split shifts may be worked by agreement between the employer and employee. No part of the split shift shall be less than two hours in duration.

7.4.4 Days off duty shall, where practicable, be taken in blocks of two or more days.

7.4.5 No employee shall work more than ten ordinary shifts in each fortnight or twenty ordinary shifts in each four week period (depending on whether ordinary hours are averaged over a two or four week period).

7.4.6 No employee shall be rostered to work more than ten consecutive days.

7.4.7 An employee changing from night shift to day shift, or from day shift to night shift, shall be free from duty during the twenty hours immediately preceding the commencement of the changed shift.

7.4.8 An employee shall not be rostered for duty until at least ten hours have elapsed from when the previous rostered shift ended.

7.4.9 A shorter break between shifts may on occasion be agreed between the employer and employee. This does not however enable an employer and employee to agree to a roster that regularly operates on this basis.

7.5 Notwithstanding anything to the contrary in this award, and at the option of the employer, employees employed in clinics or departments which function during the normal clerical hours of duty may be granted hours of duty together with public holidays, annual leave and overtime as are generally applicable to the clerical staff employed in the said clinics or departments. The daily hours of duty shall include an unpaid meal break of not more than one hour.

8. ACCRUED TIME OFF

8.1 Where the ordinary hours of work are to be worked in accordance with 7.1.1, time off shall accrue at the rate of three minutes for each ordinary hour worked.

8.2 Time off shall also accrue during:

8.2.1 any period of paid leave prescribed by this award other than long service leave and the first four weeks of annual leave; and

8.2.2 the first four weeks of workers’ compensation leave. After the first four weeks of workers’ compensation leave the employee shall not accrue time off and his/her ordinary hourly rate of wage shall be calculated by dividing the ordinary weekly rate of wage by 38 (instead of 40).

8.3 Accrued time off shall be paid at the ordinary rate using a divisor of 40 hours per week.

8.4 Accrued time off shall be taken:

8.4.1 at a time or times agreed between the employer and employee; or

8.4.2 as single day absences at a time suitable to the employer and subject to 48 hours’ clear notice given to the employee.

8.5 By agreement, accrued time off may be taken in advance of it having accrued. In such a case the advance payment shall be offset against any future accrual or against monies otherwise payable to the employee on termination.

8.6 Cashing-in and payment on termination

8.6.1 An employee may at any time, by written agreement with the employer, be paid for any or all of the accrued time off standing to the employee’s credit in lieu of taking the time off.

8.6.2 An employee shall be paid for any untaken accrued time off on termination of the employment.

8.7 Transmission of business

Where a business has been transmitted from one employer to another and the employee’s service has been deemed continuous in accordance with subclause (3) of clause 2 of the Long Service Leave provisions published in Volume 77 of the Western Australian Industrial Gazette at pages 1 to 4, the accrued time off standing to the credit of the employee at the date of transmission from service with the transmittor shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.

8.8 This clause shall apply to part-time employees in the same proportion as the hours normally worked bear to a full-time employee.

8.9 This clause does not apply to casual employees.

9. PART-TIME EMPLOYEES

9.1 Part-time employee means an employee who regularly works less than an average of 38 ordinary hours per week.

9.2 A part-time employee shall receive payment for wages, annual leave, long service leave and personal leave in the same ratio as the ordinary hours worked relate to full-time employees.

9.3 A part-time employee may agree to work additional hours or shifts at ordinary rates, subject only to the normal rostering parameters of a full-time employee. Provided that a part-time employee shall not be required to work additional hours or shifts.

10. CASUAL EMPLOYEES

10.1 Casual employee means an employee engaged on an hourly contract of employment and who is not entitled to paid leave.

10.2 A casual employee shall be paid 25% in addition to the rates specified in this award for their class of work.

10.3 Right to convert to full or part-time employment

10.3.1 A casual employee engaged by one employer on a regular and systematic basis for a sequence of periods of employment during a period of six months may elect to convert their contract of employment to full or part-time employment.

10.3.2 The employer shall give such an employee written notice of the provisions of this subclause within four weeks of the end of the six months.

10.3.3 An employee who does not make an election within four weeks of receiving written notice under 10.3.2 is deemed to have elected not to convert.

10.3.4 Where an employer fails to give the notice required in 10.3.2, the employee may at any time thereafter elect to convert to full or part-time employment by giving the employer four weeks written notice. The employer shall consent to or refuse the election within four weeks of receiving the notice but shall not unreasonably refuse. Any dispute about a refusal of an election shall be dealt with through the dispute settlement procedure.

10.3.5 Once an employee has converted to full or part-time employment, the employee may only revert to casual employment by written agreement with the employer.

10.3.6 By agreement between the employer and the majority of employees in the workplace, or section of it, or with the casual employee concerned, the employer may apply this subclause as if the reference to six months is a reference to twelve months, but only in respect of employees engaged at the date of this award. Any such agreement shall be recorded in the time and wages record.

11. TEMPORARY EMPLOYEES

11.1 Temporary employee means an employee engaged for a specific period or task longer than one month but less than twelve months.

11.2 A temporary employee shall accrue and be paid all the benefits prescribed by this award for time worked as if the employee was engaged as a full-time or part-time employee.

12. ROSTERS

12.1 A roster of hours to be worked by each employee shall be in ink and posted by the employer in a place where it is readily accessible and visible to the employees covered by it.

12.2 The roster shall be posted at least 48 hours before it comes into operation and may be altered by the employer giving 48 hours’ notice or otherwise by agreement between the employer and employee or employees concerned.

13. WAGES

[13.1 substituted by PR933596 ppc 15Jul03; varied by PR947596; PR961473 ppc 08Sep05]

13.1 The minimum rate of wages payable to employees covered by this award shall be the Base Rate plus the Arbitrated Safety Net Adjustment (ASNA) Payment and Living Wage set out below:

13.2 Residential Care Workers (Cerebral Palsy)

[13.2 substituted by PR933596 PR947596; PR961473 ppc 08Sep05]

13.3 Mobile assistants (Australian Red Cross)

13.3.1 Mobile Assistant (level 7)

[13.3.1 substituted by PR933596 PR947596; PR961473 ppc 08Sep05]

13.3.2 Senior mobile assistant (level 8)

[13.3.2 substituted by PR933596 PR947596; PR961473 ppc 08Sep05]

13.3.3 Senior mobile assistant (level 9)

[13.3.3 substituted by PR933596 PR947596; PR961473 ppc 08Sep05]

13.3.4 Where the term year of service is used in this subclause it shall mean all service whether full-time or part-time in that classification. Progression from one annual increment to the next shall be by automatic progression subject to satisfactory service. Progression between classifications shall be by appointment.

13.4 Junior hospital employees

The minimum rate of wage payable to Junior Hospital Employees shall be the following percentage of the prescribed wage for an adult employee in their first year of employment doing the same class of work:

13.5 Apprentices

13.5.1 The weekly wage rate for an apprentice shall be a percentage of the Trade’s rate as under:

13.5.1(a) Four year term

13.5.1(b) Three and a half year term

13.5.1(c) Three year term

13.5.2 For the purposes of this subclause trade’s rate means the rate of wage payable to a trades person cook as prescribed in this clause.

[13.5.3 varied by PR933596 PR947596; PR961473 ppc 08Sep05]

13.5.3 Notwithstanding the provisions of this award, no apprentice, 21 years of age or over, shall be paid less than $437.90 per week as their ordinary rate of pay in respect of the ordinary hours of work prescribed by this award.

13.5.3(a) Where the said minimum rate of pay is applicable, the same rate shall be payable on holidays, during annual leave, sick leave, long service leave and any other leave prescribed by this award.

13.5.3(b) Provided that, where in this award an additional rate is prescribed for any work as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the ordinary rate of pay which, but for this subclause, would have applied.

13.6 General conditions

[13.6.1 varied by PR933596 PR947596 PR961473 PR974984 PR979210; PR984639 ppc 21Nov08]

13.6.1 The ordinary wages of any employee placed in charge of three or more employees shall be increased by $21.50 per week.

13.6.2 Where the term year of employment is used it shall mean all service whether full-time or part-time and regardless of the class of work with that employer.

13.6.2(a) Such service shall be calculated in periods of calendar years from the date of commencement of work with the employer and shall be by automatic progression subject to satisfactory service.

13.6.2(b) Provided that in determining the rate of wage of an employee nineteen years of age and over service prior to attaining the age of nineteen years shall not be counted in determining the total service of an employee for the purpose of this clause.

13.6.3 Paragraphs 13.6.1 and 13.6.2 shall not apply to Mobile assistants.

13.6.4 The hourly rate of wage for each employee shall be calculated by dividing the weekly rate herein expressed as follows:

13.6.4(a) for an employee working an average of 38 hours per week dividing the weekly rate herein expressed by 40; or

13.6.4(b) for an employee actually working 38 hours by dividing the weekly rate herein expressed by 38.

13.7 Arbitrated safety net adjustment

[13.7 substituted by PR933596 PR947596; PR961473 ppc 08Sep05]

The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review—Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

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

13.8 Allowances

[13.8 varied by PR933596 PR947596 PR961473 PR974984 PR979210; PR984639 ppc 21Nov08]

In addition to the rates prescribed in this clause, an orderly assisting in autopsy shall be paid an allowance of $34.26 per cadaver.

14. PAYMENT OF WAGES

14.1 Wages shall be paid by cash, cheque or direct transfer at the employer’s discretion following consultation with employees.

14.1.1 Where the employer requires the employee to establish an account for the purpose of receiving their wages, the employee shall bear the cost associated with the establishment and maintenance of such account.

14.1.2 The employer may require such an account to be established at a major bank or building society.

14.2 The employer shall pay any transfer fees associated with the transfer of funds from the employer’s bank to another bank or financial institution.

14.3 Where payment is not made to the employee within the nominated time the problem shall be rectified as soon as reasonably practicable by the usual payment method or a different method if agreed.

14.4 No deduction shall be made from an employee’s wages unless the employee has agreed to such deduction in writing, or the deduction is authorised by the award.

14.5 Wages shall be paid fortnightly, provided that by agreement between the employer and the employee, wages may be paid at other intervals.

14.6 Subject to 14.7, upon termination of employment, the employer shall pay to the employee all moneys earned by or payable to the employee before the employee leaves the premises or the same shall be forwarded to the employee by post on the next working day following the termination.

14.7 Where the employee terminates their employment without notice in accordance with this award the employer shall forward as soon as reasonably possible all moneys earned by or payable to such employee to that employee by post.

14.8 If an employee fails to collect their wages on the appointed day, such wages shall thereafter be available for collection (at previously notified times) during office hours.

15. HIGHER DUTIES

15.1 An employee who is required to perform all the duties of a position which carries a higher rate of pay than that which they usually perform shall be entitled to the higher rate whilst so engaged.

15.2 When a relief employee performs some, but not all, of the duties of the position a rate of wage less than the rate the position normally attracts can be paid by agreement between the employer and the employee.

15.3 Provided that payment for higher duties shall not apply to an employee required to act in another position whilst the permanent employee is taking a single day or less as accrued time off.

16. OVERTIME

16.1 All time worked beyond or in excess of the ordinary rostered hours of duty prescribed in clause 7 - Ordinary hours or 9.3, on any day the employee is rostered on duty is overtime and shall be paid for at time and one half for the first two hours and double time thereafter.

16.2 All time worked by employees on any day on which they are rostered off duty or days worked in excess of those provided in clause 7 - Ordinary hours or 9.3 is overtime and shall be paid for at double time.

16.3 Time off in lieu of payment for overtime

16.3.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.

16.3.2 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

16.3.3 An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked under 16.3.1 where such time has not been taken within four weeks of accrual.

[16.4 varied by PR933596 PR947596 PR961473 PR974984 PR979210; PR984639 ppc 21Nov08]

16.4 Where an employee is required to work overtime for a period of at least two hours in excess of the required daily hours of work the employee shall be provided with a meal free of cost or shall be paid the sum of $8.73 as meal money. This subclause shall not apply where the employee has been advised of the necessity to work overtime on the previous day or earlier.

16.5 An employee who has completed his usual hours of duty and has left the job and who is recalled to work after the usual ceasing time shall be paid a minimum of three hours at overtime rates.

16.6 When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that the employee shall have at least ten consecutive hours off duty between the work of successive days.

17. MEAL AND TEA BREAKS

17.1 No employee shall work more than five hours without a meal break except that, by agreement between the employer and employee, the employee may work up to 6 hours without a meal break.

17.2 Meal breaks shall not be less than 30 minutes.

17.3 Meal breaks shall not be counted as time worked unless the employee is:

17.3.1 called on duty; or

17.3.2 required to be on call;

during the meal break in which case the time worked or spent on call, as the case may be, shall be counted in the ordinary working hours of the shift.

17.4 Morning and afternoon tea breaks of not more than seven minutes shall be allowed without deduction of pay at a time convenient to the employer. By agreement between the employer and employee the tea breaks may be combined and taken as one fifteen minute tea break at a mutually convenient time.

17.5 No more than three breaks (including the meal break) shall be allowed in any one shift.

18. SHIFT AND WEEKEND PENALTIES

18.1 Where on any day an employee commences ordinary hours of work before 4.00 a.m. or after 12.00 noon they shall be paid a loading with respect to those ordinary hours of 15%.

18.1.1 The provisions of 18.1 do not apply to an employee who on any day commences ordinary hours of work after 12.00 noon and completes those hours before 6.00 p.m. on that day.

18.1.2 The second portion of a broken shift, where the second portion commences after 12.00 noon shall be regarded as a separate shift for the purposes of this clause provided that a shift broken by a meal break of one hour or less shall not constitute a broken shift.

18.2 A loading of 18.75% of the ordinary wage shall be paid for time worked on permanent afternoon or night shifts provided that in the case of an employee who works permanent afternoon or night shifts at their own request the provisions of 18.1 shall apply.

18.3 All work performed during ordinary hours on a Saturday shall be paid at the rate of time and one half and on a Sunday at the rate of time and three quarters.

19. CALCULATION OF PENALTIES

Where an employee works hours which would entitle that employee to payment of more than one of the penalties payable in accordance with clause 16 - Overtime, clause 18 - Shift and weekend penalties and clause 27 - Public holidays, only the highest of any such penalty shall be payable.

20. BLANK

This clause has been intentionally left blank.

21. UNIFORM AND LAUNDRY ALLOWANCE

[21.1 varied by PR933596 PR947596 PR961473 PR974984 PR979210; PR984639 ppc 21Nov08]

21.1 Where the employer requires the employee to wear a uniform but does not provide the employee with a uniform the employer shall pay the employee an allowance of $6.08 per week.

21.2 For purposes of this clause a uniform:

21.2.1 is required to be worn where the employer specifies at least one item of clothing or footwear to be worn according to its type or colour; and

21.2.2 is not required to be worn where the only item, or items, specified by the employer to be worn is or are specified for the purposes of meeting the requirements of the Occupational Health and Safety Act 1984 (WA) as amended from time to time.

[21.3 varied by PR933596 PR947596 PR961473 PR974984 PR979210; PR984639 ppc 21Nov08]

21.3 If the employer requires the employee to wear a uniform but does not launder uniforms for the employee, the employee shall be paid an allowance of $1.60 per week in lieu.

21.4 The allowances prescribed in this clause shall be pro rated in the case of part-time employees in the proportion that the hours worked each week bear to 40.

22. LOCATION ALLOWANCE

[22.1 substituted by PR933596; varied by PR947596 PR961473; substituted by PR974984 PR979210; PR984639 ppc 21Nov08]

22.1 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 listed below:

22.2 Except as provided in 22.3, an employee who has:

22.2.1 A dependant shall be paid double the allowance prescribed in 22.1;

22.2.2 A partial dependant shall be paid the allowance prescribed in 22.1, plus the difference between that rate and the amount such partial dependant is receiving by way of a district or location allowance.

22.3 Where an employee:

22.3.1 is provided with board and lodging by their employer free of charge; or

22.3.2 is provided with an allowance in lieu of board and lodging by virtue of an award or other industrial instrument;

such employee shall be paid 66-2/3% of the allowances prescribed in 22.1.

22.4 Subject to 22.2, junior employees, casual employees, part-time employees, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance which equates to the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.

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

22.6 Where an employee is on long service leave or other approved leave with pay (other than annual leave) they shall only be paid location allowance for the period of such leave they remain in the location in which they are employed.

22.7 For the purposes of this clause:

22.7.1 dependant shall mean:

22.7.1(a) a spouse or defacto spouse; or

22.7.1(b) a child where there is no spouse or defacto spouse;

who does not receive a district or location allowance but shall exclude a dependent whose salary/wage package includes, or can be reasonably expected to include a consideration of the purposes for which the location allowance is payable pursuant to the provisions of this clause.

22.7.2 Partial dependant shall mean a dependant as prescribed in 22.7.1 who receives a district or location allowance which is less than the location allowance prescribed in 22.1.

22.8 Increases in the location allowances specified in this clause may be applied for from time to time by any party to the award and, subject to the approval of the Commission, shall reflect rates in the location allowance General Order of the Western Australian Industrial Relations Commission then in force.

23. MOTOR VEHICLE ALLOWANCE

23.1 Where an employer requires an employee to work away from the employee’s usual place of employment the employer shall pay the employee reasonable travelling expenses incurred by the employee as a result except where an allowance is paid in accordance with 23.2.

[23.2 varied by PR943654 PR974984 PR979210; PR984639 ppc 21Nov08]

23.2 Where an employee is required and authorised to use the employee’s motor vehicle in the course of their duties the employee shall be paid the following allowance:

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

23.4 Notwithstanding anything contained in this clause an employer and employee may make any other arrangements as to car allowance not less favourable to the employee. Any such agreement shall be in writing and included in the time and wages record.

24. ACCOMMODATION CHARGES

Where the employee is provided with accommodation by the employer, the following charges, or deductions, as the case may be, may be made:

25. PERSONAL LEAVE

[25 varied by PR921580; substituted by PR967290 ppc 17Mar06]

The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees are set out in clause 25B.

25.1 Definitions

The term immediate family includes:

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

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

25.2 Amount of paid personal leave

25.2.1 Paid personal leave is available to an employee, when they are absent:

• due to personal illness or injury; or

• for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support or who requires care due to an unexpected emergency.

25.2.2 The amount of personal leave to which a full-time employee is entitled depends on how long they have worked for the employer and accrues as follows:

25.2.3 Unused personal leave accrues fully from year to year.

25.2.4 An employee shall not be entitled to claim payment for any period exceeding 380 hours in any one year of service or 400 hours where the employee accrues time off in accordance with clause 9 - Accrued time off.

25.2.5 Paid personal leave shall be paid at the ordinary rate.

25.2.6 An employee shall not be entitled to claim payment for personal leave in respect of any day on which the employee is absent on accrued time off in accordance with clause 8 - Accrued time off. Provided that payment for personal (personal injury or sickness) leave may be made where an employee on accrued time off is ill for seven or more consecutive days and in all other respects complies with the requirements of 25.3.1.

25.3 Personal leave for personal injury or sickness

An employee is entitled to use the full amount of their personal leave entitlement including accrued leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.

25.3.1 An employee who suffers personal ill health or injury whilst on annual leave may be paid personal leave due to personal injury or sickness in lieu of annual leave subject to:

25.3.1(a) providing a medical certificate stating the illness or injury necessitated confinement to home or hospital for seven consecutive days or more;

25.3.1(b) the portion of annual leave coinciding with the paid personal leave due to personal injury or sickness is to be taken at a time agreed by the employer and employee or shall be added to the next period of annual leave.

25.3.1(c) 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 28 - Annual leave shall be deemed to have been paid with respect to the replaced annual leave.

25.3.2 Where a business has been transmitted from one employer to another and the employee’s service has been deemed continuous in accordance with clause 2(3) of the Long Service Leave Provisions published in Volume 77 of the Western Australian Industrial Gazette at pp 1 to 4, the paid personal leave due to personal injury or sickness standing to the credit of the employee at the date of transmission from service with the transmittor shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.

25.3.3 The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers’ Compensation and Assistance Act 1981 (WA) nor to employees whose injury or illness is the result of the employee’s own misconduct.

25.3.4 No paid personal leave due to personal injury or sickness shall be granted if the illness or injury has been caused by the misconduct of the employee.

25.3.5 Nulsen Haven Association

Employees employed by the Nulsen Haven Association (Inc) shall be entitled to the provisions of this 25.3 provided that:

25.3.5(a) payment for personal leave due to personal injury or sickness may be adjusted at the end of each accruing year or at the time the employee leaves the service of the employer in the event of the employee being entitled by service subsequent to the sickness in that year to a greater allowance than that made at the time the sickness occurred;

25.3.5(b) in order to be entitled to payment for personal leave due to personal injury or sickness employee shall as soon as reasonably practicable advise the employer of their inability to attend for work, the nature of their illness or injury and the estimated duration of the absence. Provided that such advice other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence;

25.3.5(c) the employee shall not be entitled to paid personal leave due to personal injury or sickness unless they produce proof to the satisfaction of the employer of such sickness provided that the employer shall not be entitled to a medical certificate for absences of less than three consecutive working days unless the total of such absences exceeds five days in any one accruing year;

25.3.5(d) an employee proceeding on personal leave due to personal injury or sickness shall be paid the shift and weekend penalties they would have received had they not proceeded on sick.

25.4 Personal leave to care for an immediate family or household member

25.4.1 An employee is entitled to use up to 10 days’ personal leave, including accrued leave, each year to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency, subject to the conditions set out in this clause.

25.4.2 By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in 25.4.1, beyond the limit set out in 25.4.1. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.

25.5 Employee must give notice

25.5.1 To be entitled to payment in accordance with clause 25.3, the employee shall as soon as reasonably practicable advise the employer of their inability to attend for work, the nature of the illness or injury and the estimated duration of the absence. Except in extraordinary circumstances the employee shall provide this advice to the employer prior to the commencement of the employee’s rostered ordinary hours.

25.5.2 Notice required for clause 25.4:

25.5.2(a) Before taking personal leave to care for an immediate family or household member, an employee must give at least two hours’ notice before their next rostered starting time, unless they have a good reason for not doing so.

25.5.2(b) The notice must include:

• the name of the person requiring care and support and their relationship to the employee;
• the reasons for taking the leave;
• the estimated length of absence.

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

25.6 Evidence supporting claim

25.6.1 Evidence required for clause 25.3 - personal leave for personal injury or sickness:

25.6.1(a) An employee shall not be entitled to paid leave for personal injury or sickness for any absence of more than two consecutive days unless the employee provides the employer with a medical certificate for the absence, dated at the time of the absence.

25.6.1(b) An employee is allowed a maximum of two absences without a medical certificate in any twelve month period. The employer will put in writing that the next and subsequent absences in that year, if any, shall be accompanied by such certificate.

25.6.2 Where an employee seeks personal leave to care for an immediate family or household member in accordance with 25.4, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.

25.6.3 When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

25.7 Unpaid personal leave

Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) per occasion, provided the requirements of 25.5 and 25.6 are met.

25A. BEREAVEMENT LEAVE

[25A inserted by PR967290 ppc 17Mar06]

The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees are set out in clause 25B.

25A.1 Paid leave entitlement

An employee is entitled to up to two days’ bereavement leave on each occasion of the death of either a member of the employee’s immediate family or household.

25A.1.2 The employer may require the employee to provide satisfactory evidence of the death of the member of the employee’s immediately family or household.

25A.2 Unpaid bereavement leave

An employee may take unpaid bereavement leave by agreement with the employer.

25B. CASUAL EMPLOYMENT

[25B inserted by PR967290 ppc 17Mar06]

25B.1 Caring responsibilities

25B.1.1 Subject to the evidentiary and notice requirements in 25.5 and 25.6, casual employees are entitled to not be available to attend work, or to leave work:

• if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or

• upon the death in Australia of an immediate family or household member.

25B.1.2 The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

25B.1.3 An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

26. ANNUAL LEAVE

26.1 Entitlement

26.1.1 Except as hereinafter provided, employees shall be entitled to six consecutive weeks leave after each twelve months continuous service.

26.1.2 Notwithstanding the provisions of 26.1.1:

26.1.2(a) an employee employed regularly in a non-client related position including gardener, machinist, maintenance employee and storesperson who is not required to be available to work on any public holiday named in clause 27 - Public holidays; and

26.1.2(b) Blood transfusion service mobile assistants employed by the Australian Red Cross Society (WA Division);

shall be entitled to four consecutive weeks’ leave after each twelve months’ continuous service.

26.1.3 The annual leave prescribed in 26.1.1 and 26.1.2 shall accrue pro rata on a weekly basis.

26.1.4 Shift employees who, in each roster rotate afternoon and/or night shift with day shift shall be granted an additional weeks leave. Provided that for employees whose shifts are not subject to regular rotation one days additional annual leave shall be accrued for each 30 afternoon or night shifts worked to a maximum of five annual leave days each twelve months.

26.2 Taking leave

[26.2 substituted by PR967290 ppc 17Mar06]

26.2.1 Annual leave shall be given as soon as practicable after falling due and shall not accumulate except with the consent of the employee, but in no case shall it accumulate for more than two years.

26.2.2 By agreement annual leave may be taken in advance of it having accrued. In such a case the advance payment shall be offset against any future accrual or against monies otherwise payable to the employee on termination of employment.

26.2.3 Annual leave may be split into more than one portion:

26.2.3(a) where the twelve accrued days off are taken in conjunction with annual leave, by the employer once per annum provided that no portion is less than two weeks; or

26.2.3(b) subject to 26.2.4, by agreement between the employer and the employee.

26.2.4 An employee may request to take annual leave in single day portions:

26.2.4(a) to a maximum of ten single days; and

26.2.4(b) at the initiative of the employee; and

26.2.4(c) for the purpose of assisting employees in balancing their work and family responsibilities.

26.2.5 Each employee shall be given at least fourteen days notice of the commencement date of their leave except that by agreement between the employer and employee the notice period may be dispensed with.

26.3 Rate of pay

26.3.1 An employee on annual leave shall be paid the wage which the employee would have received (including any shift and weekend penalties) for any ordinary hours which the employee would have worked had the employee not been on annual leave during the relevant period.

26.3.1(a) Where it is not possible to calculate the shift and weekend penalties which the employee would have received, an estimate shall be made based upon the payments made to the employee in the twelve weeks prior to taking the leave.

26.3.2 Provided that an employee taking annual leave shall not be paid less than the applicable ordinary rate of wage in clause 13 - Wages, and a 17.5% loading for any ordinary hour which the employee would have worked had the employee not been on leave during the relevant period. This paragraph shall not apply to two of the six weeks’ leave prescribed by 26.1.1 or to proportionate annual leave on termination.

26.3.3 The employee is to be paid for a period of annual leave prior to commencing the leave.

26.4 Termination

26.4.1 Subject to this clause, if:

26.4.1(a) the employee lawfully terminates their employment; or

26.4.1(b) the employee’s employment is terminated by the employer for reasons other than misconduct;

the employee shall be paid (at the rate prescribed in 26.3) for any annual leave which has accrued but not been taken.

26.4.2 An employee whose employment is terminated because of misconduct is entitled to be paid only for any untaken leave that relates to a year of service completed before the misconduct occurred.

26.5 Absence from work

Any time in respect of which an employee is absent from work except time for which that employee is entitled to claim paid sick leave or unpaid sick leave up to three months, or the first calendar month of any absence on workers’ compensation, or any absence on annual leave, long service leave and compassionate leave shall not count for the purpose of determining annual leave entitlements.

26.6 Transmission of business

Where, pursuant to paragraph (3) of subclause 2 - Long Service, of the Long Service Leave provisions published in Volume 65 of the Western Australian Industrial Gazette at pages 1 to 4, the period of continuous service which an employee has had with the transmittor (including any such service with any prior transmittor) is deemed to be service of the employee with the transmittee then that period of continuous service shall be deemed to be service with the transmittee for the purposes of this subclause.

26.7 Casuals

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

27. PUBLIC HOLIDAYS

27.1 An employee who works on any public holiday named herein or day observed in lieu thereof, shall be paid a loading of 50% of the ordinary wage for the time worked in ordinary hours on that day.

27.2 For the purposes of this clause the following days shall be public holidays: New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign’s Birthday, Christmas Day and Boxing Day.

27.3 An employee who is not required to work on any public holiday named in this clause or day observed in lieu thereof, shall be entitled to a day’s leave and shall be paid at the ordinary rate of wage the employee would receive for hours usually worked on that day.

27.4 Blood Transfusion Service Mobile Assistants employed by the Australian Red Cross Society (WA Division) shall be:

27.4.1 rostered off duty without loss of pay on public holidays or the days observed in lieu thereof; and

27.4.2 allowed to take two additional days’ leave each year in lieu of 2 January and Easter Tuesday at a later date by agreement with management provided that under no circumstances will these days accrue beyond the year in which they occur.

28. LONG SERVICE LEAVE

28.1 The long service leave provisions published in Volume 77 of the Western Australian Industrial Gazette at pages 1 to 4 both inclusive are incorporated in and shall be deemed part of this award and shall apply other than to Local Government employees.

28.2 Local Government employees shall be entitled to long service leave benefits pursuant to the Local Government Long Service Leave Regulations.

28.3 Employees of the Cerebral Palsy Association of W.A. Ltd, the Association for the Blind of W.A. (Inc.) and the Nulsen Haven Association (Inc) shall be entitled to long service leave conditions applying from time to time to government wages employees provided that the second and subsequent periods of long service leave shall accrue at the rate of thirteen weeks’ leave for seven years of continuous service.

29. PARENTAL LEAVE

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

29.1 Definitions

[29.1.1 substituted by PR967290 ppc 17Mar06]

29.1.1 For the purpose of this clause ‘child’ means a child of the employee under school age or in the case of adoption where ‘child’ means a person under school age who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

29.1.2 Subject to 29.1.3 in this clause, spouse includes a defacto or former spouse.

29.1.3 In 29.5, spouse includes a de facto spouse but does not include a former spouse.

29.2 Basic entitlement

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

29.2.2 Subject to 29.3.5, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

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

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

29.3 Right to request

[new 29.3 inserted by PR967290 ppc 17Mar06]

29.3.1 An employee entitled to parental leave pursuant to the provisions of this clause may request the employer to allow the employee:

29.3.1(a) to extend the period of simultaneous unpaid parental leave provided for in subclauses 29.2.2(a) and 29.2.2(b) up to a maximum of eight weeks;

29.3.1(b) to extend the period of unpaid parental leave provided for in clause 29.2.1 by a further continuous period of leave not exceeding 12 months;

29.3.1(c) to return from a period of parental leave on a part-time basis until the child reaches school age,

to assist the employee in reconciling work and parental responsibilities.

29.3.2 The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

29.3.3 Employee request and employer decision to be in writing

The employee’s request and employer’s decision made under 29.3.1(c) must be recorded in writing.

29.3.4 Request to return to work part-time

29.3.4(a) Subject to subclause 29.3.4(b), where an employee wishes to make a request under 29.3.1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

29.3.4(b) If an employee makes a request under 29.3.1(c) less than seven weeks prior to the date upon which the employee is due to return to work from parental leave, the employer shall consider the request having regard to the employee’s circumstances. Provided the request is genuinely based on the employee’s parental responsibilities, the employer may only refuse the request on the grounds set out in 29.3.2, or on reasonable grounds that due to a lack of notice the employer is genuinely unable to accommodate the employee’s request. Such grounds might include an inability to recruit replacement staff or to restructure the position within the available time constraints.

29.4 Maternity leave

[29.3 renumbered as 29.4 by PR967290 ppc 17Mar06]

29.4.1 An employee will provide to the employer:

29.4.1(a) at least ten weeks in advance of the expected date of commencement of parental leave - a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement; and

29.4.1(b) at least four weeks in advance of the expected date of commencement of parental leave - written notification of the date on which she proposes to commence maternity leave.

29.4.2 An employee will not be in breach of 29.3.1 if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

29.4.3 Subject to 29.2.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of the birth.

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

29.4.5 Special maternity leave

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

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

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

29.4.6 Where leave is granted under 29.3.3 during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

29.5 Paternity leave

[29.4 renumbered as 29.5 by PR967290 ppc 17Mar06]

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

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

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

[29.4.1(c) substituted and renumbered as 29.5.1(c) by PR967290 ppc 17Mar06]

29.5.1(c) Except in relation to leave taken simultaneously with the child’s mother under 23.2.2 and 23.3.1(a), a statutory declaration stating:

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

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

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

29.5.2 An employee will not be in breach of 29.4.1, if the failure to give the stipulated notice is because of the birth occurring earlier than expected, the death of the mother of the child or other compelling circumstances.

29.6 Adoption leave

[29.5 renumbered as 29.6 by PR967290 ppc 17Mar06]

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

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

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

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

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

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

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

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

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

29.7 Variation of period of parental leave

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

29.8 Parental leave and other entitlements

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

29.9 Transfer to a safe job

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

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

29.10 Returning to work after a period of parental leave

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

29.10.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 29.8, the employee will be entitled to return to the position she held immediately before such transfer.

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

29.11 Replacement employees

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

29.11.2 A replacement employee will be informed of the temporary nature of the employment and of the rights of the employee who is being replaced.

[29.12 inserted by PR967290 ppc 17Mar06]

29.12 Communication during parental leave

29.12.1 Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

29.12.1(a) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

29.12.1(b) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

29.12.2 The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.’

29.12.3 The employee shall also notify the employer of changes of address or other contact details that might affect the employer’s capacity to comply with subclause 29.12.1.

30. POSTING OF AWARD

An up to date copy of this award shall be exhibited by each employer on the business premises at a place where it is readily accessible and visible to employees covered by it.

31. BLANK

This clause has been intentionally left blank.

32. NOTICE OF TERMINATION

[32 substituted by PR967290 ppc 17Mar06]

32.1 Notice of termination by employer

32.1.1 In order to terminate the employment of an employee the employer must give to the employee the period of notice specified in the table below:

32.1.2 In addition to the notice in 32.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two years’ continuous service, are entitled to an additional week's notice.

32.1.3 Payment in lieu of the prescribed notice in 32.1.1 and 32.1.2 must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

32.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee's employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:

32.1.4(a) the employee's ordinary hours of work (even if not standard hours); and

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

32.1.4(c) any other amounts payable under the employee's contract of employment.

32.1.5 The period of notice in this clause does not apply:

32.1.5(a) in the case of dismissal for serious misconduct;

32.1.5(b) to apprentices;

32.1.5(c) to employees engaged for a specific period of time or for a specific task or tasks;

32.1.5(d) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or

32.1.5(e) to casual employees.

Continuous service is defined as work for an employer on a regular and systematic basis (including any period of authorised leave or absence).

32.2 Notice of termination by an employee

32.2.1 Subject to subclause 32.2.2, the notice of termination required to be given by an employee is two weeks’ notice in writing.

32.2.2 If an employee fails to give the notice specified in 32.2.1 the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 32.1.4.

32.3 Casual employees

Any party wishing to terminate the contract of employment of a casual employee must give one hour’s notice or pay or forfeit (as the case may be) one hour’s pay.

32.4 Probationary employees

An employee may be engaged for a probationary period of not longer than three months. Any party wishing to terminate the contract of employment of a probationary employee must give one day’s notice or pay or forfeit (as the case may be) one day’s pay.

32.5 Temporary employees

Any party wishing to terminate the contract of employment of a temporary employee engaged for a period of less than twelve months must give one week’s notice or pay or forfeit (as the case may be) one week’s pay.

32.6 Job search entitlement

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

32.7 Duties as directed

An employer may direct an employee to carry out such duties, and use such tools and equipment, as are within the limits of the employee’s skill, competence and training provided that such duties are not designed to promote de-skilling.

32.8 Transmission of business

Where a business is transmitted from one employer to another, as set out in clause 32A - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.

32A. REDUNDANCY

[32A inserted by PR967290 ppc 17Mar06]

32A.1 Definitions

32A.1.1 Business includes trade, process, business or occupation and includes part of any such business.

32A.1.2 Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour.

32A.1.3 Small employer means an employer who employs fewer than 15 employees.

32A.1.4 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

32A.1.5 Week's pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:

• overtime;
• penalty rates;
• disability allowances;
• shift allowances;
• special rates;
• fares and travelling time allowances;
• bonuses; and
• any other ancillary payments of a like nature.

32A.2 Transfer to lower paid duties

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

32A.3 Severance pay

32A.3.1 Severance pay - other than employees of a small employer

An employee, other than an employee of a small employer as defined in 32A.1, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

* Week's pay is defined in 32A.1.

32A.3.2 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.

32A.3.3 Continuous service is defined as work for an employer on a regular and systematic basis (including any period of authorised paid leave or absence). Periods of authorised unpaid leave or absence do not constitute a break in service but do not count as service.

32A.3.4 Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004] and the Redundancy Case Supplementary Decision [PR062004].

32A.3.5 Severance pay – employees of a small employer

The severance pay provisions contained in subclause 32A.3.1 do not apply to employees of a small employer, as defined in subclause 32A.1.3 of this clause.

32A.4 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 32 - Notice of Termination. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.

32A.5 Alternative employment

32A.5.1 An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

32A.5.2 This provision does not apply in circumstances involving transmission of business as set in 32A.7.

32A.6 Job search entitlement

32A.6.1 During the period of notice of termination given by the employer in accordance with clause 32.1, an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

32A.6.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

32A.6.3 The job search entitlements under this subclause apply in lieu of the provisions of 32.6.

32A.7 Transmission of business

32A.7.1 The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:

32A.7.1(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

32A.7.1(b) Where the employee rejects an offer of employment with the transmittee:

• in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

• which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

32A.7.2 The Commission may vary 32A.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

32A.8 Employees exempted

This clause does not apply to:

• employees terminated as a consequence of serious misconduct that justifies dismissal without notice;
• probationary employees;
• apprentices;
• trainees;
• employees engaged for a specific period of time or for a specified task or tasks; or
• casual employees.

32A.9 Incapacity to pay

The Commission may vary the severance pay prescription on the basis of an employer's incapacity to pay. An application for variation may be made by an employer or a group of employers.

32A.10 Redundancy disputes procedure

32A.10.1 Paragraphs 2 and 3 of this sub-clause 32A.10 impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (`a redundancy dispute'). These additional obligations do not apply to employers who employ fewer than 15 employees.

32A.10.2 Where a redundancy dispute arises, and if it has not already done so, an employer must provide affected employees and the relevant union or unions (if requested by an affected employee) in good time, with relevant information including:

32A.10.2(a) the reasons for any proposed redundancy;

32A.10.2(b) the number and categories of workers likely to be affected; and

32A.10.2(c) the period over which any proposed redundancies are intended to be carried out.

32A.10.3 Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse effects of any proposed redundancies on the employees concerned.

33. SUPPORTED WAGE SYSTEM

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

33.1.1 Supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process.

33.1.2 Accredited assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual's productive capacity within the supported wage system.

33.1.3 Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

33.1.4 Assessment instrument means the form provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.

33.2 Eligibility criteria

33.2.1 Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

33.2.2 This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers' compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

33.2.3 This clause does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or under s.12A of the Disability Services Act, or if a part only has received recognition, that part.

33.3 Supported wage rates

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

[33.3.2 varied by PR947596; PR961473 ppc 08Sep05]

33.3.2 Provided that the minimum amount payable shall be not less than $62.00 per week.

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

33.4 Assessment of capacity

For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the supported wage system and documented in an assessment instrument by either:

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

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

33.5 Lodgment of assessment instrument

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

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

33.6 Review of assessment

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

33.7 Other terms and conditions of employment

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

33.8 Workplace adjustment

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

33.9 Trial period

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

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

33.9.3 The minimum amount payable to the employee during the trial period shall be no less than $56 per week.

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

33.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under 33.4 hereof.

34. NATIONAL TRAINING WAGE AWARD

A party to this award shall comply with the terms of the National Training Wage Award 2000 [PR904174 [AW790899]], as varied, as though bound by clause 4 of that award.

35. SUPERANNUATION

35.1 Contributions

35.1.1 The employer shall contribute on behalf of each employee in accordance with the requirements of the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993 as varied from time to time.

35.1.2 Contributions into the nominated fund shall be paid monthly and within 30 days of the end of each month.

35.1.3 The employer shall continue to contribute an amount of not less than 3% on behalf of an employee in receipt of payments under the Workers Compensation and Assistance Act 1981 (WA).

35.1.4 For the purpose of this clause the employee’s earnings base shall include base rate, over award payments, supplementary payments, shift and weekend penalties and appropriate leading hand allowances.

35.2 Fund

35.2.1 Subject to 35.2.2, employer contributions shall be paid into Health Employees Superannuation Trust Australia (HESTA).

35.2.2 An employer shall be exempted from payment into HESTA by providing the Union with 30 days notice of the fact that contributions on behalf of some or all employees will be made into an alternative fund or funds approved under the Commonwealth Operational Standards for Occupational Superannuation.

35.2.3 Subclauses 35.2.1 and 35.2.2 shall not apply where the employer, prior to the date of this award, notified the Union of the fact that contributions were to be made into an alternative fund approved under the Commonwealth Operational Standards for Occupational Superannuation.

35.3 Local government

Provided that local government employees shall continue to receive superannuation benefits pursuant to the Local Government Superannuation Plan.

36. ENTERPRISE FLEXIBILITY PROVISIONS

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

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

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

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

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

37. DISPUTE SETTLEMENT

37.1 Subject to the provisions of the Workplace Relations Act 1996 (as amended) any dispute or matter raised by the union, or by an employer or employee, shall be settled in accordance with the following procedure:

37.1.1 Step 1

As soon as practicable after the dispute has arisen, it shall be considered jointly by the appropriate supervisor, the employee or employees concerned and, where requested, by the union workplace representative.

37.1.2 Step 2

If the dispute is not resolved it shall be considered jointly by the appropriate senior representative of the employer, the employee or employees concerned and, where requested, by the union workplace representative.

37.1.3 Step 3

If the dispute is not resolved it shall be considered jointly by the employer, the employee or employees concerned and, where requested, by an official of the Union.

37.1.4 Step 4

If the dispute is not resolved it may then be referred to the Australian Industrial Relations Commission for assistance in its resolution.

37.2 The employer shall provide a notice board in the workplace in such a place where it may be conveniently and readily be seen by each employee to facilitate communication between employees and their representatives.

38. ANTI-DISCRIMINATION

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

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

38.3 Nothing in this clause is taken to affect:

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

38.3.2 junior rates of pay;

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

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

39. INDEX OF FACILITATIVE PROVISIONS

39.1 A facilitative provision is one which provides that the standard approach in an award provision may be departed from by agreement between an employer and an employee and/or union in the enterprise or workplace concerned.

39.2 Facilitative provisions in this award are contained in the following clauses:

SCHEDULE A - RESPONDENTS

Adelphi Nursing Home, 29 Neville Street, Bayswater WA 6053
Adhumic Nominees Pty Ltd, 78 Kimberley Road, Leederville WA 6007
Aegis Health Care Group Pty Ltd, 10 Leigh St Burswood WA 6100
Aged Homes Project Italian-Australian Welfare Inc, 33 Kent Road, Marangaroo WA 6064
Alpha Health Care Pty Ltd, 10th Flr, Kyle House, 27-31 MacQuarie Place, Sydney NSW 2000
Amaroo Cottages for Senior Citizens Inc, 2 Wreford Court, Gosnells WA 6110
Anastas Investments Pty Ltd, 46 Broun Avenue, Embleton WA 6062
Anglican Homes (Inc), 416 Stirling Highway, Cottesloe WA 6011
Australian Conference Association Ltd, Bullcreek Road, Rossmoyne WA 6155
Australian Red Cross Society (Inc), 357 Murray Street, Perth WA 6000
Bansley Pty Ltd, 41 Bristol Avenue, Bicton WA 6157
Brightwater Care Group Inc, 355 Scarborough Beach Rd, Osborne Park WA 6017
Burke Holdings Pty Ltd, 3/643 Newcastle Street, Leederville WA 6007
Carlisle Nursing Home, 110 Starr Street, Carlisle WA 6101
Casson Homes Inc, 2-10 Woodville Street, North Perth WA 6005
Catholic Homes Incorporated, 29 Goderich St, East Perth WA 6000
Cerebral Palsy Association of Western Australia, 106 Bradford Street, Coolbinia WA 6050
Church of Christ Homes and Community Services Inc, 2 Plantation St, Mt Lawley WA 6050
City of Nedlands Aged Persons Homes Trust, 57 Lisle Street, Mt Claremont WA 6010
Civilian Maimed and Limbless Association of WA (Inc), 10 Selby St, Shenton Park WA 6008
Commissioners of the Presbyterian Church in WA, 10 Windsor Road, East Fremantle WA 6158
Crump Nominees Pty Ltd & Sheilyn Pty Ltd, 33 Broadway, Nedlands WA 6009
Danzyn Pty Ltd, 15 Leach Highway, Wilson WA 6107
Emcare Pty Ltd, 368 Rokeby Road, Subiaco WA 6008
Esperance Community Nursing Home Inc, 4 Randall Street, Esperance WA 6450
Franlid Nominees Pty Ltd, 36 Talbot Avenue, Como WA 6151
Freshfields Aged Care Pty Ltd, 16-18 Mayfair Street, West Perth WA 6005
Garnstone Investments Pty Ltd, 1 Hungerford Avenue, Halls Head WA 6210
Glenn Craig Villages Pty Ltd, level 3, 29 Gardner Street Como WA 6052
Grand Lodge of Western Australian Freemasons Homes for the Aged (Inc), 47 Renegade Way, Kingsley WA 6026
Gwenyfred Nursing Home, 62 Gwenyfred Road, South Perth WA 6151
Hamersley Nursing Home (WA) Pty Ltd, 441 Rokeby Road, Subiaco WA 6008
Hamilton Hill Nursing Home, 27 Invermey Road, Hamilton Hill WA 6163
Hillroyd Nursing Home, 2A Hillview Road, Mt Lawley WA 6050
Hillview Nursing Home, 21 Angelo Street, Armadale WA 6112
Home for Aged Aborigines, 20 Park Street, Kalgoorlie WA 6430
Howez Pty Ltd, 441 Rokeby Road, Subiaco WA 6008
Iles Nominees Pty Ltd, 53-57 Wasley Street, North Perth WA 6006
Italian Aged Care Nursing Home Inc, 33 Kent Road, Marangaroo WA 6064
Jalon Nursing Home, 47 Goldsworthy Road, Claremont WA 6010
Jurien Enterprise Pty Ltd, 67 Palmerston Street, Mosman Park WA 6012
Kaleeya Management Pty Ltd, 15 Wolsely Road, Fremantle WA 6160
Kiaka Pty Ltd, 57 Burroughs Road, Karrinyup WA 6018
Labouchere Investments Pty Ltd, 44 John Street, Midland WA 6056
Little Sisters of the Poor WA (Inc), Rawlins Street, Glendalough WA 6016
May Pine Management Pty Ltd, 111 Guildford Road, Maylands WA 6051
Mayne Group Limited, 53 Arnisdale Road, Duncraig WA 6023
Mercy Community Services Inc, 18 Barrett Street, Wembley WA 6014
Mercy Hospital Mt Lawley Inc, Ellesmere Road, Mt Lawley WA 6050
Mon Repos Nursing Home, 67 Palmerston Street, Mosman Park WA 6012
Moran Health Care (Australia) Pty Ltd, 30 Carron Rd Applecross WA 6153
Mount Lawley Private Hospital, 14 Alvan Street, Mount Lawley WA 6050
Narrogin Cottage Homes Inc, Felspar Street, Narrogin WA 6312
Niola Nominees Pty Ltd 61 Cambridge Street, West Leederville WA 6007
Nulsen Haven Association (Inc), 462 Great Eastern Highway, Redcliffe WA 6104
Perth Jewish Aged Home Society Inc, 119 Cresswell Road, Dianella WA 6062
Prime Resources Pty Ltd, 8 Yanagin Crescent, City Beach WA 6015
Ray Village Aged Services Inc, 20 Ray Avenue, Busselton WA 6280
Redray Enterprises Pty Ltd, 3056 Albany Hwy, Armadale WA 6112
Rocky Bay Inc 60 McCabe Street, Mosman Park WA 6012
Royal Australian Air Force Association (WA Division) Inc, Bullcreek Drive, Bullcreek WA 6155
Salvation Army Property Trust, 333 William St, Northbridge WA 6003
Santralla Nursing Home, 16 Duncan Street, Victoria Park WA 6100
Seventh Day Adventist Church Retirement Village Bullcreek Road, Rossmoyne WA 6155
Silver Chain Nursing Association (Incorporated), 6 Sundercombe St, Osborne Park WA 6017
Sisters of Nazareth Inc PO Box 3247, Bluff Point WA 6530
Sisters of St John of God Inc, 12 Kings Park Road, West Perth WA 6005
Skye Nursing Home, 13 Stephens Street, Fremantle WA 6160
South Perth Community Hospital Inc, South Tce, Como WA 6152
Southbank Clinic Pty Ltd, 38 Meadowvale Ave, South Perth WA 6151
Southern Cross Care (WA) Incorporated, 84 Collick Street, Hilton WA 6163
Specialist Management Services Pty Ltd, PO Box 256, West Perth WA 6005
St Catherine’s Nursing Home, 131 Broadway, Nedlands WA 6009
St Florence Nursing Home, 32 Whatley Crescent, Mt Lawley WA 6050
St John of God Healthcare (Inc), 12 Kings Park Road, West Perth WA 6008
St John Of God Hospital Subiaco (Inc), 175 Cambridge Street, Subiaco WA 6008
St Paul’s Nursing Home, Doongalla & Ormond Roads, Attadale WA 6156
Swan Village of Care Inc, 26 Plantation Drive, Bentley WA 6102
Tankas Pty Ltd, Unit 8, 20 Twickenham Street, Victoria Park 6100
Telcontar Holdings Pty Ltd, 24 Valencia Road, Carmel WA 6076
Terah Pty Ltd, Unit 16, Chelsea Village, 145 Stirling Highway, Nedlands WA 6009
The Avenue Nursing Home, 53 Second Avenue, Mt Lawley WA 6050
The Cancer Foundation of WA (Inc), 46 Ventnor Avenue, West Perth WA 6005
The St Brigid’s Convent of Mercy Perth Inc, 60 John Street, Northbridge WA 6003
Town of Kwinana, Gilmore Avenue, Kwinana WA 6167
Two Pines Nursing Home, 61 Clarkson Road, Maylands WA 6051
Uniting Church Homes Incorporated, 313 Main St, Balcatta WA 6021
Varna Pty Ltd, 92 Outram Street, West Perth WA 6005
Victoria Park (East) Nursing Home, 38 Alday Street, St James WA 6102
Villa Dalmacia Association Inc, 27 Gorham Way, Spearwood WA 6163
Volove Pty Ltd, 163 Healy Road, Hamilton Hill WA 6163
WA Baptist Hospital and Homes Trust Inc, 52 Kishorn St, Applecross WA 6153
Western Health Care Group Pty Ltd, 33 Broadway, Nedlands WA 6009
Westland Management Ltd, 14 Lyall Street, South Perth WA 6151
Westlite Pty Ltd, 187 Cambridge Street, Wembley WA 6014

ROPING-IN AWARD NO. 1 OF 2004

[Roping-in Award No. 1 of 2004 inserted by PR923671 ppc 02Apr04]

1. TITLE

This award shall be known as the Private Hospital and Residential Aged Care (Nursing Homes) (Roping-in No. 1) Award 2004.

2. PARTIES BOUND

This award shall be binding upon:

(a) the Australian Liquor, Hospitality and Miscellaneous Workers’ Union of Australia, its officers and members; and

(b) Ramsay Health Care Pty Ltd trading as Hollywood Private Hospital (ACN 003 184 889);

in respect of persons employed by Ramsay Health Care Pty Ltd at Hollywood Private Hospital who are eligible to be members of the Union other than nurses who are registered under Divisions 1 or 2 of the Nurses Act 1992 (WA).

3. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Private Hospital and Residential Aged Care (Nursing Homes) Award 2002 as varied from time to time shall apply.

4. SUPERSESSION

This award supersedes the Health (Private Hospital Employees Award Western Australia No. 27 1971 and the Enrolled Nurses and Nursing Assistants Private Award Western Australia No. 8 1978) Interim Consent Award 1994 provided that no right, obligation or liability accrued or incurred under that award shall be affected by such supersession.

5. OPERATION

This award shall come into force from the beginning of the first full pay period commencing on or after 2 April 2004 and shall remain in force for six months.

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