AN160066 – Clerks (Commercial, Social and Professional Services) Award No. 14 of 1972

SCHEDULE “D” – AUSTRALIAN RED CROSS BLOOD TRANSFUSION SERVICE, WESTERN AUSTRALIA AGREEMENT 1996

(1) This Agreement shall operate from 1 April 1996 and remain in force for a period of 21 months to 31 December 1997.

1. – TITLE

This Agreement shall be known as the Australian Red Cross Blood Transfusion Service, Western Australia Enterprise Agreement 1996 (“the Agreement”).

2. – ARRANGEMENT

1. Title
2. Arrangement
3. Scope and Parties Bound to Agreement
4. Date and Term
5. Relationship to Award
6. Purpose of Agreement
7. Public Holidays
8. Compassionate Leave
9. Special Leave
10. Family Leave
11. Dispute Settlement Procedure
12. Wages

3. – SCOPE AND PARTIES BOUND TO AGREEMENT

This is an agreement between the Australian Red Cross Blood Transfusion Service, Western Australia (“BTS”) and the Australian Municipal, Administrative, Clerical and Services Union of Employees, Western Australian Clerical and Administration Branch (“AMACSU”) in relation to workers employed in clerical callings employed by the BTS covered by the Award detailed in Subclause (1) of Clause 5. – Relationship to Award, and eligible to be members of the AMACSU.

4. – DATE AND TERM

(2) The parties undertake to commence negotiations to renew the terms of the Agreement three months prior to the expiration of the Agreement.

5. – RELATIONSHIP TO AWARD

(1) This Agreement shall be read and interpreted in conjunction with the Clerks (Commercial, Social and Professional Services) Award No. 14 of 1972 (“the Award”) provided that where there is inconsistency between this Agreement and the Award, this Agreement shall take precedence to the extent of any inconsistency.

6. – PURPOSE OF AGREEMENT

(1) The purpose of this Agreement is to enable the parties to develop and implement workplace arrangements that increase flexibility in the organisation and further improve productivity and efficiency at the enterprise through enhanced access to services and facilities by donors.

(2) The Agreement provides salary increases that recognise and reward the contribution of staff in the achievement of past productivity improvements. It also provides for the adoption of different work practices as well as recognising future efficiencies to be delivered through the implementation of the Agreement.

(3) The parties to this Agreement are committed to ensuring that the organisation and staff are best placed to meet present and future operational demands. This includes the requirements of the new Australian Red Cross Blood Transfusion Service planned to come into effect from 1 July 1997.

7. – PUBLIC HOLIDAYS

(1) This clause operates in lieu of Subclause (1) of Clause 10. – Holidays, of the Award from 1 January 1997.

(2) The following days or days observed in lieu thereof shall, subject to Clause 8. – Overtime of the Award and subject as hereinafter provided, be allowed as holidays without reduction from pay, namely New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, State Foundation Day, Queen’s Birthday, Christmas Day and Boxing Day.

8. – COMPASSIONATE LEAVE

(1) This clause operates in conjunction with Clause 31. – Compassionate Leave, of the Award.

(2) Employees may access entitlements under this Clause upon the death of a spouse or defacto spouse, child or step-child, parent or parent in-law, brother, sister, grandparent or any other person who immediately before that person’s death lived with the employee as a member of the employee’s immediate family as defined in Clause 10. – Family Leave. The employee is entitled to bereavement leave of up to two days for each occasion required.

(3) Employees may access annual leave and accrued long service leave for the purpose of bereavement in addition to the entitlement under Subclause (2) above.

9. – SPECIAL LEAVE

Leave without pay and/or single days of annual leave may be granted by the employer where an employee requests such special leave for urgent personal business.

10. – FAMILY LEAVE

(1) This clause operates in conjunction with Clause 13. – Sick Leave, of the Award.

(2) Use of Sick Leave

(a) An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement which accrues after the date of this order for absences to provide care and support for such persons when they are ill.

(b) The employee shall, if required, establish by production of a medical certificate, statutory declaration, the illness of the person concerned.

® The entitlement to use sick leave in accordance with this subclause is subject to:

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

(ii) the person concerned being either:

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

(bb) a member of the employee’s household.

(iii) the term “immediate family” includes:

(aa) a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse, in relation to an employee, means a person of the opposite sex to the employee who lives with the employee as the husband or wife of that person on a bona fide domestic basis although not legally married to that employee; and

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

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

(3) Unpaid Leave for Family Purpose

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

(4) Annual Leave

(a) Not withstanding the provision of this clause, an employee may elect, with the consent of the employer, to take annual leave in single day periods proceeding five days in any calendar year at a time or times agreed between them.

(b) An employer may agree to defer payment of the annual leave loading in respect of such leave, until at least 5 consecutive annual leave days are taken.

(5) Make-up Time

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

(6) Grievance Procedures

In the event of a dispute arising in connection with any part of this clause, such a dispute shall be processed in accordance with the dispute settling provisions of this agreement.

11. – DISPUTE SETTLEMENT PROCEDURE

Where a dispute concerning the operation of this Agreement arises, the following steps shall be taken:

(1) Step I

As soon as practicable after the issue or claim has arisen, it shall be considered jointly by the appropriate supervisor, the employee or employees concerned and where the employee(s) so request(s), the Australian Municipal, Administrative, Clerical and Services Union of Employees, WA Clerical and Administrative Branch workplace representative.

(2) Step 2

If the dispute is not resolved the issue or claim shall be considered jointly by the appropriate senior representative of the employer, the employee or employees concerned and where the employee(s) so request(s), the union workplace representative who shall attempt to settle the dispute.

(3) Step 3

If the dispute is not resolved the issue or claim shall be considered jointly by the employer, the employee or employees concerned and where the employee(s) so request(s), an official of the union who shall attempt to settle the dispute.

(4) Step 4

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

12. – WAGES

(1) The following shall be the minimum rates of wages per week payable to employees covered by this award who, for the purposes of this clause, shall be graded pursuant to the provisions of Clause 11A. – Classification Structure – Skill Descriptors of the Award.

(2)	(a)	ADULT EMPLOYEES:	Total Rate Per Week
		Grade 1	$
		1 st year of experience at this grade	458.80
		2 nd year of experience at this grade	473.70
		3 rd year of such experience and thereafter	486.20
		Grade 2
		1 st year of experience at this grade	497.60
		2 nd year of experience at this grade	502.00
		3 rd year of such experience and thereafter	508.40
		Grade 3
		1 st year of experience at this grade	516.50
		2 nd year of such experience and thereafter	521.90

(3) A further targeted minimum increase of 2% is available from October 1996, subject to successful conclusion of negotiations on further productivity and efficiency improvements. These negotiations may include but not be limited to:

(a) provision of a 10 hour working day; and

(b) provision of a 38 hours per week averaged over 28 days.

Any agreement covered under this sub-clause will be processed through the Western Australian Industrial Relations Commission as an enterprise agreement pursuant to Clause 35. – Award Modernisation (Enterprise Agreements) of the Award.

(4) The third $8.00 Safety Net Adjustment shall be absorbed into the above wage rates.

(5) The wage rates prescribed in this clause have resulted from enterprise bargaining and may be used to offset future award safety net adjustments in accordance with the relevant State Wage Principles.