AT817064 - Residential Aged Care (Hostels) Award 2002 [Transitional]
[Roping-in Award No. 1 of 1997 inserted by A2076 V003 Print P1690 from 28May97]
1 - TITLE
1. This award shall be known as the Aged and Disabled Persons Hostels (ALHMWU) Interim (Roping-In No. 1) Award 1997.
2 - PARTIES BOUND
2. This award shall be binding on the Australian Liquor, Hospitality & Miscellaneous Workers Union, its officers and members; and the employers listed in Schedule “A” hereof, in respect of such of their employees who are employed in Aged and Disabled Persons Hostels who perform duties within the scope of the Aged and Disabled Persons Hostels’ (ALHMWU) Interim Award 1996 [Print N6905], as varied from time to time, whether members of the said union or not.
3 - APPLICATION
3.1 Subject to that which is otherwise provided in this award, the provisions of the Aged and Disabled Persons Hostels’ (ALHMWU) Interim Award 1996 [Print N6905], as varied from time to time, shall apply provided that the following provisions shall not apply:
7. - Contract of Service, subclause (2), 18. - Long Service Leave, 20 - Wages, 23. - Board and Lodging, 25. - Record, 28. - Breakdowns, 29. - Call Allowance, 37. - Dispute Settlement Procedures, subclause (7), 33. - Interviews, 39. - Enterprise Flexibility Provision, 41. - Superannuation, subclause (8).
3.2 Provided that this award shall not apply to employees engaged by SHRM (Australia) Pty Ltd at Wearne Hostel, 40 Marine Tce., Cottlesloe, until the first pay period on or after 29 May, 1998.
4 - OPERATION
4. This award shall come into force from 28 May 1997 and shall remain in force for twelve months.
5 - LONG SERVICE LEAVE
5. The Long Service Leave Provisions published in Volume 66 of the Western Australian Industrial Gazette at pages 1 to 4, both inclusive, are hereby incorporated in and shall be deemed part of this award.
6 - WAGES
6. The minimum weekly rate of wage payable to employees covered by this award shall be the Base Rate plus the Arbitrated Safety Net Adjustment (ASNA) Payment expressed hereunder:
ASNA Payment |
Minimum | |||
Base Rate |
1, 2 & 3 |
Weekly Rate | ||
$ |
$ |
$ | ||
(i) |
Cook working alone |
401.00 |
24.00 |
425.00 |
(ii) |
Domestic |
378.30 |
24.00 |
402.30 |
(iii) |
Driver |
402.90 |
24.00 |
426.90 |
(iv) |
Other Cook |
395.90 |
24.00 |
419.90 |
(v) |
Qualified Cook |
460.90 |
24.00 |
484.90 |
6.2 The classification ‘domestic’ shall include the following: cleaner, domestic, gardener, handyperson, kitchen employee, laundry employee, pantry employee, machinist, storesperson and like classification.
6.3 The ordinary wages of any employee placed in charge of three or more employees shall be increased by $14.90 per week.
6.4 The hourly rate shall be calculated by dividing the weekly rate by 38.
6.5 The minimum weekly rates of wage for work in ordinary time to be paid to junior employees shall be as follows -
Percentage of Adult Rate | |
% | |
Under 17 years of age |
60 |
At 17 years of age |
70 |
At 18 years of age |
80 |
At 19 years of age |
100 |
6.6 Apprentices Wages:
The weekly wage rate shall be a percentage of the tradesperson’s rate as under:
Percentage of Tradesperson’s | |
Weekly Rate | |
$ | |
(a) Four Year Term |
|
First year |
42 |
Second year |
55 |
Third year |
75 |
Fourth year |
88 |
(b) Three and One Half Year Term |
|
First six months |
42 |
Next year |
55 |
Next following year |
75 |
Final year |
88 |
(c) Three Year Term |
|
First year |
55 |
Second year |
75 |
Third year |
88 |
(d) For the purposes of this award “Tradesperson’s Rate” means the rate of wage payable to a “Qualified Cook”, as prescribed in this clause.
6.7 The rates of pay in this clause include three arbitrated safety net adjustments totalling $24.00 per week payable under the September 1994 Review Decision [Print L5300].
(i) is party to this award; and
(ii) has one or more members employed by the employer to perform work in the relevant enterprise or workplace
The first, second and third $8 per week arbitrated safety net adjustments may be offset to the extent of any wage increase payable since 1 November 1991 pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements insofar as that wage increase or part of it has not previously been used to offset an arbitrated safety net adjustment. 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.
7 - ENTERPRISE FLEXIBILITY PROVISION
7.1 In this clause a ‘relevant union’ means an organisation of employees that:
(Note: The failure by an employer to give each relevant union an opportunity to be involved in the consultative process leading to the making of an agreement may result in the Commission adjourning or refusing the application to vary the award.)
7.2 At each enterprise or workplace, consultative mechanisms and procedures shall be established comprising representatives of the employer and employees. Each relevant union shall be entitled to be represented.
7.3 The particular consultative mechanisms and procedures shall be appropriate to the size, structure and needs of the enterprise or workplace.
7.4 The purpose of the consultative mechanisms and procedures is to facilitate the efficient operation of the enterprise or workplace according to its particular need.
7.5 Where agreement is reached at an enterprise or workplace through such consultative mechanisms and procedures and where giving effect to such agreement requires this award, as it applies at the enterprise or workplace, to be varied, an application to vary shall be made to the Commission. The agreement shall be made available in writing to all employees at the enterprise or workplace and to the unions party to this Award.
7.6 When this award is varied to give effect to an agreement made pursuant to this clause the variation shall become a schedule to this award and the variation shall take precedence over any provision of this award to the extent of any expressly identified inconsistency.
7.7 The agreement must meet the following requirements to enable the Commission to vary this award to give effect to it:
(i) that the purpose of the agreement is to make the enterprise or workplace operate more efficiently according to its particular needs;
(ii) that the majority of employees covered by the agreement genuinely agree to it;
(iii) that the award variation necessitated by the agreement meets the requirements of the ‘no disadvantage’ test set out at section 113B(2) and (3) of the Workplace Relations Act 1996 (the Act).
Note: Section 113B(2) and (3) of the Act are as follows:
“(2) The Commission does not have the power to vary the award for that purpose [i.e. to give effect to an agreement made under an enterprise flexibility provision] unless it is satisfied that the variation would not, in relation to their terms and conditions of employment, disadvantage the employees who would be affected by the variation.
(3) For the purposes of subsection (2), a variation of an award is taken to disadvantage employees in relation to their terms and conditions of employment only if:
(a) it would result in the reduction of any entitlements or protection of those employees under:
(i) that or any other award; or
(ii) any other law of the Commonwealth or of a State or Territory that the Commission thinks relevant; and
(b) in the context of their terms and conditions of employment considered as a whole, the Commission considers that the reduction is contrary to the public interest.”
SCHEDULE “A”
SHRM (Australia) Pty Ltd, 71 Troy Tce, Daglish, WA.
