Cultural Centre Award 1987

Cultural Centre Award 1987

1. - TITLE

This award shall be known as the Cultural Centre Award 1987 and replaces the Museum Attendants Award 1980 and the Art Gallery Attendants and Groundsmen Award 1980.

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

1.Title

1B.Minimum Adult Award Wage

2.Arrangement

3.Area and Scope

4.Term

5.Definitions

6.Contract of Employment

7.Hours

8.Overtime

9.Shift and Weekend Work

10.Conditions and Allowances

11.Public Holidays

12.Annual Leave

13.Sick Leave

14.Long Service Leave

15.Special Rates and Provisions

16.Wages

17.Higher Duties

18.Part Time Employees

19.Uniforms

20.Liberty to Apply

Appendix - Resolution of Disputes Requirement

3. - AREA AND SCOPE

This award shall apply throughout the state of Western Australia to employees employed by the named respondents in the callings set out in Clause 16. - Wages, of this award.

4. - TERM

The term of this award shall be for a period of 12 months from the 23rd day of May, 1989.

5. - DEFINITIONS

(1)(a)"Security Officer" shall mean an employee appointed as such whose duties include ensuring the security of the building.

(b)"Attendant Supervisor" shall mean an employee appointed as such in the metropolitan area whose duties include supervision and direction of employees.

(c)"Assistant Supervisor" shall mean an employee appointed as such whose duties include supervision, direction of employees, and responsibility for the relief of Attendant Supervisors as required.

(d)"Attendant" shall mean an employee appointed as such whose duties include cleaning buildings and performing attendant duties.

(e)"Cleaner" shall mean an employee appointed as such employed in cleaning work of any description (including glass partitions and windows) on premises, or in bringing into or maintaining premises in a clean condition.

(f)"Installation Supervisor" shall mean an employee appointed as such whose duties involve supervision and assistance of employees in their handling of art and preparing galleries for exhibitions.

(g)"Installation Assistant" shall mean an employee appointed as such whose duties include handling works of art under direction and preparing galleries for exhibitions.

(h)"Leading Hand" means an employee who is given by the employer, or his/her agent, the responsibility of directing and/or supervising the work of other persons, or in the case of only one person, the responsibility of directing and/or supervising the work of that person.

(i)"Groundskeeper" shall mean an employee appointed as such whose duties include keeping external areas in a neat and clean condition, assisting in minor maintenance work and driving duties as required.

(j)"Receptionist Attendant" shall mean a person employed by the Museum whose duties include patrolling and security of galleries and museum buildings, directing the public, sale of publications, cleaning of museum premises (including toilets), moving of displays and furniture.

(k)"Audio Visual" shall mean, for the purpose of audio visual equipment currently used in the workplace(s), a 16mm projector.

(l)"Regional Attendant" shall mean a person employed by the Art Gallery of W.A. in regional areas whose duties include the patrolling and security of galleries, cleaning of buildings, directing the public, preparation of galleries for exhibition, handling of art works, assistance with school groups, locking up, administrative and supervisory duties as required.

(2)"Casual Employee" shall mean an employee appointed as such who is engaged to work for less than one month.

(3)"Continuous Shift Employee" shall mean an employee who may be rostered to work a day, afternoon or night shift on any of the seven days of the week.

(4)"Seven Day Rostered Employee" means an employee who is rostered to work regularly on weekends and public holidays as well as any other day of the week.

(5)"Part Time Employee" means an employee who is rostered to work fixed hours on any five of the seven days of the week and who regularly works a lesser number of hours than 38 per week. Provided that the minimum engagement of such an employee is no less than an average of 15 hours per week.

(6)"Accrued Day(s) Off" means the paid day(s) off accruing to an employee resulting from an entitlement to the 38 hour week as prescribed in Clause 7. - Hours of this award.

(7)"Employer" shall mean the Library Board of Western Australia or the Trustees of the Western Australian Museum or the Board of the Art Gallery of Western Australia.

(8)"Union" shall mean United Voice WA.

6. - CONTRACT OF SERVICE

(1)An employee shall not leave the service of the employer except upon the expiry of 14 day's notice of his/her intention to do so, given in writing to the employer by the employee, unless the employer otherwise approves.

(2)An employee shall not be terminated from the service of the employer except upon the expiry of 14 day's notice of dismissal given in writing to the employee by the employer and the reasons for termination shall be stated in that notice.

(3)In lieu of giving the notices as prescribed in subclauses (1) and (2) of this clause the employer may pay, or the employee forfeit, one fortnight's payment as the case may be.

(4)The provisions of subclause (2) of this clause do not apply with respect to an employee who is dismissed summarily.

(5)The provisions of subclauses (1), (2), (3) and (4) of this clause do not apply to a casual employee.

(6)(a)All casual employees shall be entitled to payment for a minimum engagement period of two hours.

(b)All casual employees shall be notified by the employer, or the employer's representative, on their engagement of the expected duration of their period of employment and the nature of their contract of service.

(c)Subject to paragraph (a) hereof the engagement of a casual employee may be terminated at any time and all wages due shall be paid at the termination of such engagement or as soon as practicable thereafter.

(7)An employer may direct an employee to carry out such duties as are within the limits of the employees skill, competence and training, including work which is incidental or peripheral to the employee's main tasks or functions.

7. - HOURS

(1)Subject to the provisions of this clause the ordinary hours of duty shall be 38 hours per week with the hours actually worked being 40 per week to be worked eight hours per day on any five days of the week. The rostered ordinary hours shall be worked with two hours of each week's work accruing as an entitlement to a maximum of 12 accrued days off in each 12 month period. The accrued days off shall be taken as follows:

(a)As 12 consecutive days in conjunction with a period of annual leave as prescribed in Clause 12. - Annual Leave; or

(b)By agreement between the employer and employee as an entitlement to take the 20th day within a 20 day cycle as a paid day off as though worked.

(c)Where it is agreed between the employer and the Union in writing then an alternative arrangement may exist in respect of this subclause.

(2)Notwithstanding subclause (4) of this clause the ordinary hours of work shall be rostered on any five days of the week and shall provide for at least two consecutive days off in each fortnightly period for each employee. Provided that each shift and rostered employee is rostered off duty on a weekend at least once in each calendar month.

(3)Except as hereinafter provided, the ordinary hours shall be worked between the hours of 6.30 a.m. and 7.00 p.m. provided that the actual working hours can only be varied by written agreement between the employer, the employees and their Union.

(4)The ordinary hours of employees who work continuous shift work, may be worked at any time of the day or night.

(5)(a)Employees, other than continuous shift employees, shall be entitled to an unpaid meal break of not less than 30 minutes and not more than one hour each day. Any employee required to work for more than five consecutive hours without a meal break shall be paid at overtime rates until the meal break is allowed.

(b)Where it is agreed between the employer and the Union in writing then an alternative arrangement may exist in respect of this subclause.

(6)Continuous shift employees shall be entitled to a paid meal break of 30 minutes provided that they shall be available to respond to urgent work requirements during that period.

(7)The ordinary working hours of employees shall be set out on a roster. The roster shall not be altered unless two weeks' notice of such alteration is given to the employee or employees concerned. Work performed outside the hours notified shall be paid for at overtime rates in accordance with Clause 8. - Overtime, except in cases of emergency or staff illness or accident which prevent such notification.

(8)The provisions of this clause apply to a part time employee in the same proportion as the hours normally worked bear to a full time employee.

8. - OVERTIME

(1)(a)The provisions of this subclause apply to all employees other than those engaged on continuous shift work.

(b)All time worked in excess of or outside of the rostered ordinary hours worked on Monday to Saturday inclusive shall be paid at the rate of time and one half of the ordinary rate for the first two hours and double time of the ordinary rate thereafter. Provided that all time worked on Sundays shall be paid for at the rate of double time and on public holidays at the rate of double time and one half, that is two and a half times the ordinary rate.

(c)In computing overtime each day shall standalone but when an employee works overtime which continued beyond midnight on any day, the time worked after midnight shall be deemed to be part of the previous day's work for the purpose of this subclause.

(2)(a)Casual employees shall be paid at the rate of time and one half for the first two hours and double time thereafter at the appropriate proportion of the ordinary rate as presented in subclause (1) of Clause 16. - Wages of this award for all time worked in excess of eight hours in any one shift.

(b)Subject to the provisions of paragraph (c) of this subclause all time worked in excess of or outside the ordinary working hours, or on a shift other than a rostered shift, shall be paid for at the rate of double time, except where the employee agrees to work a sixth shift in not more than one week in any four weeks, when he/she shall be paid for such shift at time and one half of the ordinary rate for the first two hours and double time thereafter.

(c)Time worked in excess of the ordinary working hours shall be paid for at ordinary rates:

(i)if it is due to private arrangements between the employees themselves and has the approval of the employer; or

(ii)if it does not exceed two hours and is due to a relieving person who is rostered for duty on that day not coming on duty at the proper time; or

(iii)if it is for the purpose of effecting the customary rotation of shifts.

(3)(a)The provisions of paragraphs (a) to (c) of this subclause apply only to employees engaged in continuous shift work.

(b)Subject to the provisions of paragraph (c) of this subclause all time worked in excess of or outside the ordinary working hours, or on a shift other than a rostered shift, shall be paid for at the rate of double time, except where the employee agrees to work a sixth shift in not more than one week in any four weeks, when they shall be paid for such shift at time and one half of the ordinary rate for the first two hours and double time thereafter.

(c)Time worked in excess of the ordinary working hours shall be paid for at ordinary rates:

(i)if it is due to private arrangements between the employees themselves and has the approval of the employer; or

(ii)if it does not exceed two hours and is due to a relieving person who is rostered for duty on that day not coming on duty at the proper time; or

(iii)if it is for the purpose of effecting the customary rotation of shifts.

(d)By agreement between the employee and employer time off in lieu of payment for overtime may be granted proportionate to the payment to which the employee is entitled. Such time to be taken in unbroken periods according to each period of overtime worked.

The actual period of time off may be accrued and taken at a time agreed between the employer and employee concerned.

(4)Notwithstanding anything contained in this award, the employer may require any employee to work reasonable overtime and such an employee shall work overtime in accordance with such requirements.

(5)An employee who is recalled to work shall be paid a minimum of three hours at the appropriate overtime rate and for all reasonable expenses incurred in travelling to and from work.

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

(b)An employee (other than a casual employee) who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absences.

(c)If, on the instruction of the employer or the employer's representative, the employee resumes or continues work without having had ten consecutive hours off duty, the employee shall be paid at double time until the employee is released from duty for such period and the employee shall then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(d)The provisions of this subclause shall apply in the case of rostered employees if eight hours were substituted for 10 hours when overtime is worked for the purposes of staffing special exhibitions.