Clerks (Unions and Labor Movement) Award 2004
1. - TITLE
This award shall be known as the “Clerks (Unions and Labor Movement) Award 2004”.
1B. - MINIMUM ADULT AWARD WAGE
(1)No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
(2)The minimum adult award wage for full-time employees aged 21 or more is $708.90 per week payable on and from the commencement of the first pay period on or after 1 July 2017.
(3)The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.
(4)Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.
(5)Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.
(6)The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
(7)Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.
(8)Subject to this clause the minimum adult award wage shall –
(a)Apply to all work in ordinary hours.
(b)Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.
(9)Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2017 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.
(10)Adult Apprentices
(a)Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $607.60 per week on and from the commencement of the first pay period on or after 1 July 2017.
(b)The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.
(c)Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
(d)Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003
2. – ARRANGEMENT
Part 1 - Application and Operation
1.Title
1B.Minimum Adult Award Wage
2.Arrangement
3.Area
4.Scope
5.Term
6.Definitions
7.No Reduction
8.Dispute Settlement Procedure
Part 2 - Hours and Overtime
9.Hours
10.Additional Rates for Ordinary Hours
11.Breaks
12.Overtime
Part 3 - Salaries and Related Matters
13.Classifications and Wage Rates
14.Junior Employees
15.Supported Wage System
Part 4 - Employment Categories and associated conditions
16.Full-Time Employees
17.Part-Time Employees
18.Casual Employees
Part 5 - Leave of Absence and Public Holidays
19.Annual Leave
20.Sick Leave
21.Bereavement Leave
22.Carer’s Leave
23.Parental Leave
24.Leave to attend Union Business
25.Trade Union Training Leave
26.Public Holidays
27.Long Service Leave
Part 6 – Termination of Employment and Redundancy
28.Termination of Employment
29.Redundancy
30.Transmission of Business
Part 7 – Staff Development and Related Matters
31.Training
Part 8 – Record and Payment
32.Record
33.Payment of Wages
34.Award Availability
35.Superannuation
Part 9 – Allowances
36.Vehicle Allowances
37.Location Allowances
38.Traveling Time
39.Higher Duties Allowance
Part 10 – Miscellaneous
40.Certificate of Age
41.Right of Entry
42.Uniforms
43.Award Flexibility
44.Notification of Change
45.Blood Donors
Schedule “A” - Respondents
Schedule “B” - Named Union Party
Schedule “C” – Named Employer Parties
3. - AREA
This award shall operate within the State of Western Australia.
4. - SCOPE
(1)This award shall apply to all clerical and administration employees employed in the classifications set out in this award and in the industry of the labor movement, and employed by:
(a)unions of employees and or the branches of unions of employees registered under the Industrial Relations Act 1979 (WA) or the Workplace Relations Act 1996 (Cth), including as listed in Schedule A;
(b)the Trades and Labor Council or any company owned and or operated by the Trades and Labor Council,
and any other employer listed in Schedule A engaged in the labor movement industry.
5. - TERM
The term of this award shall be for a period of three years commencing as from the beginning of the first pay period commencing after the date hereof.
6. - DEFINITIONS
“Adult” means any employee twenty-one years of age and over, or an employee who is in receipt of the prescribed adult rate of pay.
“Commission” means the Western Australian Industrial Relations Commission.
“Labor movement” means the industrial and political organizations whose stated primary aim and purpose is to support and improve working and social conditions for working people.
7. - NO REDUCTION
An existing employee (including casuals) who continues to be employed with the same employer after the operation of this award shall not be paid less or suffer any reduction of conditions than they would have been allowed prior to the registration of this award.
8. - DISPUTE SETTLEMENT PROCEDURE
(1)Any grievance, complaint, claim or dispute, or any matter which is likely to result in a dispute between any party to this award, shall be subject to discussion procedures which ensure that the parties are promptly and fully informed of the issues involved, and any differences arising therefrom shall be discussed with a view to avoiding industrial action.
(2)The employer shall advise the accredited representatives of the union of any proposed changes in the normal pattern of working arrangements affecting members and if the matter is not resolved the general machinery provisions of this clause shall apply.
(3)The employee(s) concerned shall discuss the matter with the immediate supervisor. If the matter can not be resolved at this level the supervisor shall, within three days of receiving the dispute, refer the matter to a more Senior Officer nominated by the employer, and employee(s) shall be advised accordingly.
(4)The Senior Officer shall, if able, answer the matter raised within one week of it being referred and if not able to do so, shall refer the matter to the employer for its attention, and the employee(s) shall be advised accordingly.
(5)The employer shall respond to the employee(s) within one week of it being referred.
(6)If not settled at this stage the matter shall be the subject of formal discussion between the union and the employer.
(7)Should the issue remain in dispute either party may refer the matter to the Commission for determination.
The settlement procedures provided by this clause shall be applied to all manner of disputes referred to in subclause (1) of this clause, and no party, or individual, or group of individuals, shall commence any other action, of whatever kind, which may frustrate a settlement in accordance with its procedures. Observance of these procedures shall in no way prejudice the right of any party or individual in dispute to refer the matter for resolution by the Commission.
9. - HOURS
(1)The ordinary hours of duty shall not exceed thirty-eight hours in any one week or eight hours in any day and may be worked Monday to Friday.
(2)In establishments where the ordinary hours of work:
(a)are worked over 19 days in each four week cycle, forty hours may be worked in any three weeks of such cycle; or
(b)are worked over 9½ days in each two week cycle, forty hours may be worked in any one week of such cycle.
10. - ADDITIONAL RATES FOR ORDINARY HOURS
An employee who is required to work any ordinary hours prior to 7.30am or after 6.00pm on any day Monday to Friday both inclusive shall be paid, for each hour so worked, the ordinary rate plus twenty percent.
11. – BREAKS
(1)Meal break
(a)A meal break shall be taken at a time mutually arranged between the employer and employee after no more than five hours of work.
(b)The meal break shall be one hour, except in cases where the employer and employee agree that the meal break shall be for a lesser period not shorter than thirty minutes.
(c)Where an employee is required to work through a meal break, overtime rates shall apply until the meal period is allowed.
(2)Refreshment breaks
All employees shall be allowed at least one paid refreshment break for every three and a half hours worked.
(3)Meal Allowance
In addition to the overtime prescribed in Clause 12. - Overtime, a meal allowance of $7.30 shall be paid to each employee in the following circumstances:
(a)To an employee who, at the requirement of the employer, works two hours or more overtime after the completion of the ordinary hours on any day.
(b)If the employee is required to work until after 1.00 p.m. on Sunday or any holiday prescribed under this Award.
(c)An employer may supply the employee with a suitable meal in lieu of making the payment prescribed by this clause.
12. - OVERTIME
(1)All time worked in excess of eight hours in any one day and/or in excess of 38 hours in any week, shall be paid for at the rate of time and one half for the first two hours and at the rate of double time thereafter.
(2)(a) All work performed on a Sunday or after 12 noon on a Saturday shall be paid for at the rate of double time.
(b)All time worked on any of the Public Holidays prescribed by this Award shall be paid for at the rate of double time and a half.
(3)In the computation of overtime each day shall stand by itself.
(4)(a) By agreement between the employer and an employee, time off during ordinary hours shall be granted instead of payment of overtime pursuant to the provisions of this clause.Such time off shall be calculated in accordance with the same formula outlined within subclauses (1) and (2).
(b)All time accrued in accordance with paragraph (a) of this subclause shall be taken within one month of it being accrued at a time agreed between the employer and the employee.
(c)Where such time off in lieu is not taken in accordance with paragraph (b) of this subclause, it shall, by agreement between the employer and the employee, be taken in conjunction with a future period of annual leave or the employer shall discharge its obligation to provide time off in lieu by making payment for the accrued time off when the employee’s wages are paid at the end of the next pay period.
(d)Upon termination of an employee’s service with an employer, the employee shall be paid for all accrued time off which remains owing to the employee at the date of termination.
(5)(a)When overtime work is necessary it shall, wherever reasonably practicable, be so arrangedthat employees have at least 10 consecutive hours off duty between the work of successive days.
(b)If, on the instructions of the employer, such an employee resumes or continues work without having had such 10 consecutive hours off duty, he/she shall be paid at double rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(6)(a) Subject to paragraph (b) of this subclause an employer may require an employee to work reasonable overtime at overtime rates.
(b)An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
(i)any risk to the employee’s health and safety;
(ii)the employee’s personal circumstances including any family responsibilities;
(iii)the needs of the workplace or enterprise;
(iv)the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(v)any other relevant matter.
(7)Any employee in receipt of a salary at the rate of twenty per centum per week or more in excess of the rate herein prescribed for his/her classification may agree with the employer an alternative method of compensation for hours worked outside of ordinary hours.
13. – CLASSIFICATIONS AND WAGE RATES
(1)Grading structure
(a)Advising employees of grading
(i)All employees covered by this award shall be graded according to the grading structure set out in this clause. Employers shall advise in writing their employees on engagement of their grading and of any changes to their grading.
(ii)Employees shall be graded at this level where the principal functions of their employment, as determined by the employer, require the exercise of any one or more of the skill levels set out in the Grade descriptors.
(iii)This classification structure will not be used to assess the award wage rate of any person who is a proprietor, director, or manager of a company, business or undertaking, or any person to whom has been delegated the right to engage and terminate the employment of other employees.
(iv)Employees may be required to train other employees in the skills of their own grade, or grades below their own, by means of personal instruction and demonstration.
(b)Employees disputing grading
(i)An employee can dispute any grading or new grading made in accordance with subclause (1) hereof by advising the employer in writing.
(ii)If this dispute cannot be resolved by the employer and employee in a reasonable time it will be dealt with in accordance with the dispute resolution procedure in this award.
(2)Classifications and wage rates
(a)Grade 1 clerical assistant
Adults Weekly award rate
First year of experience at this grade / $744.20Second year of experience at this grade / $758.70
Third year of such experience and thereafter / $771.00
(i)Employees in this grade perform and are accountable for clerical and office tasks as directed within the skill levels set out. They work within established routines, methods and procedures. Supervision is routine or direct.
(ii)Machine operation - skill level 1
Operate telephone/intercom systems (eg Commander type), telephone answering machines, facsimile machines, photocopiers, franking machines, guillotines, calculator and adding machines, paging system, typewriter and telex machines.
(iii)Computer - Skill Level 1
Use knowledge of keyboard and basic menu-driven options and function keys to enter, retrieve and print data; use printer. Use of safe and correct opening and closing down procedures.
(iv)Information handling skills - skill level 1
Receive, sort, open, distribute incoming mail, process outgoing mail, receive incoming and dispatch outgoing courier mail, deliver messages and documents to appropriate persons/locations; Work with established filing/records system in accordance with set procedures including creating and indexing new files, distributing files/publications within the organisation as requested; monitoring file locations. Prepare and collate documents, take telephone messages; Transcribe information into records, sort and file documents/records accurately in correct locations/sequence using an established filing system.
(v)Enterprise/industry, specialist skills - skill level 1
Acquire and apply a limited knowledge of office procedures and requirements. Relay internal information.
(vi)Business/Financial - skills level 1
Sort, process and record original source financial documents (e.g. invoices, cheques, correspondence) on a daily basis.
(b)Grade 2 clerical officer
Adults Weekly award rates
First year of experience at this grade / $782.10Second year of experience at this grade / $786.40
Third year of experience at this grade and thereafter / $792.60
(i)Employees in this grade perform clerical and office tasks using a more extensive range of skills and knowledge at a level higher than required in Grade 1. They are responsible and accountable for their own work, which is performed within established routines, methods and procedures. Supervision is general.
(ii)Technical Skills
Machine Operation - skill level 2
Operate switchboard (PABX system).
Keyboard Typing - skill level 1
Produce documents using standard formats at 25 wpm with 98% accuracy.
Computer - skill level 2
Manipulate previously created data bases, spreadsheets/worksheets; calculate alphanumerical and related information to perform routine tasks and generate simple reports.
Word Processing - skill level 1
Produce simple and routine documents using keyboard skills within designated timeframes.
(iii)Information handling skills - skill level 2
Maintain mail register and records. Use and maintain established filing/records systems in accordance with set procedures including creating and indexing new files, distributing files within the organisation as requested, monitoring file locations.
(iv)Enterprise/industry, specialist skills - skill level 2
Acquire and apply a working knowledge of office or sectional operating procedures and requirements. Interpret and action information supplied. Acquire and apply a working knowledge of the organisation’s structure and personnel in order to deal with inquiries at first instance, locate appropriate staff in different sections, relay internal information, respond to or redirect inquiries, greet visitors.