6
“NGAL-A MOTHERCRAFT HOME AND
TRAINING CENTRE
(SALARIED OFFICERS) AGREEMENT, 1975”
No. AG 42 of 1975
This agreement made in pursuance of the Industrial Arbitration Act, 1912, as amended this 27th day of November, 1975, between the Ngal-a Mothercraft Home and Training Centre Incorporated of the one part, and the Hospital Salaried Officers Association of Western Australia (Union of Workers), of the other part, whereby the parties hereto mutually covenant and agree as follows:-
1.-TITLE
This agreement shall be known as the "Ngal-a Mothercraft Home and Training Centre (Salaried Officers) Agreement, 1975".
2.-ARRANGEMENT
1. Title
2. Arrangement
3. Area and Scope
4. Term
5. Definitions
6. Adoption of Award
7. Annual Leave Loading
8. Long Service Leave
9. Salaries
10. Variations in Salaries
11. Classification
12. Inconsistency
Appendix - Resolution of Disputes Requirement
3.-AREAANDSCOPE
This agreement shall apply to all salaried officers employed by the Ngal-a Mothercraft Home and Training Centre and to the employer employing those workers.
4.-TERM
The term of this agreement shall be for a period of three years from the date hereof.
5.-DEFINITIONS
(1) "The Association" means the Hospital Salaried Officers Association of Western Australia (Union of Workers).
(2) "The Award" means the Hospital Salaried Officers Award No. 39 of 1968 as amended and consolidated.
(3) "The Employer" means the Ngal-a Mothercraft Home and Training Centre (Incorporated).
(4) "Salaried Officer" means a worker who is engaged in a professional, administrative, supervisory, technical or clerical capacity as defined in this clause or whose duties are a combination thereof.
(5) "Professional" means that class of work which is generally recognised by the community and/or the Federal or State Governments as having acquired such status and which requires the completion of an approved course of study at an accredited education institution as a pre-requisite to attaining such status. Those workers who are engaged in a calling and who have extensive practical knowledge in that calling prior to its recognition as having a professional status shall be deemed to be engaged in a professional capacity.
(6) "Administrative" means that class of work which is concerned with the management of a section, an area, a group of workers, a department or departments which involves the formulation and/or implementation of decisions on policy, staffing or structure of that section, area, group of workers, department or departments.
(7) "Supervisory" means that class of work which is concerned with the direction of workers, the overseeing of the progress of the work performed by such workers or the overall general control of such workers. A worker who is appointed by the employer in a supervisory capacity over tradesmen or a supervisor whose duties are related to food production and/or distribtuion, laundering, cleaning, gardening, general maintenance, sterilization of any equipment or materials, physical collection, distribution, storage or disposal of any goods, equipment or materials, or any combination thereof shall not become a salaried officer under this agreement unless that worker has
(a) undertaken a course at an education institution relating to the type of work in which he is so engaged or has acquired substantial practical experience in the type of work in which he is so engaged, and
(b) has a demonstrated clerical and/or administrative ability beyond that usually required of supervisory workers whose duties are related to the abovementioned services.
(8) "Technical" means and includes the following classes of work; ascertaining or assisting to ascertain medical and/or scientific information and supplying or assisting to supply such information for the use of medical, professional, administrative or nursing staff; the provision, inspection, operation, maintenance, repair or disposal of any equipment, apparatus, machinery, tools or instruments used for scientific and/or medical purposes or for any essential service; the use of specialised knowledge or skill in a service which is directly related to the treatment, care or rehabilitation of patients; the use of specialised knowledge or skill in a service or the conduct of investigation which is expected to assist in the medical treatment, care or rehabilitation of patients in the future; or any combination of these classes of work.
(a) The minimum educational level required of salaried officers engaged in a technical capacity shall be the succesful completion of English and three other subjects at the Leaving Certificate examination of the University of Western Australia or such examination or course of instruction which may replace the Leaving Certificate examination, or the successful completion of such an examination usually accepted or recognised by the Federal or State Governments as being of equivalent standard to the educational level referred to herein.
(b) Notwithstanding the provisions of paragraph (a) hereof, a worker shall become a salaried officer under this agreement if that worker has undertaken a course at an education institution relating to the type of work in which he is so engaged or has undertaken a course of instruction or in-service training conducted by the employer or has acquired such practical experience or demonstrated an aptitude for or skill in the type of work in which he is so engaged which enables the worker to perform technical duties to at least the same level of skill as workers referred to in paragraph (a) hereof.
(9) "Clerical" means that class of work the duties of which include the formulation, institution and maintenance of any record system; the issuance of any documents, papers and other written, typed or printed material; the use of any equipment, machinery or apparatus for recording information; the receiving and/or filing of any written, typed or printed material; or any combination thereof and includes any work the duties of which are of a similar or related nature.
6.-ADOPTIONOFAWARD
(1) This agreement shall adopt, mutatis mutandis, the following clauses of the award and the said clauses shall be deemed to be so incorporated :-
Clause 7 - Membership of Union
Clause 8 - Contract of Service
Clause 10 - Payment of Salaries
Clause 11 - Higher Duties
Clause 13 - Hours
Clause 14 - Overtime
Clause 15 - Meal Money
Clause 16 - Holidays and Annual Leave
Clause 17 - Short Leave
Clause 18 - Sick Leave
Clause 18A - Maternity Leave
Clause 20 - Hire of Worker's Own Vehicle
Clause 21 - Travelling
Clause 23 - Travelling Time
Clause 26 - Dirty Work
Clause 27 - Workers Handling Cash
Clause 28 - Workers Paying Wages
Clause 29 - Shiftwork
Clause 30 - Protective Clothing and Uniforms
Clause 33 - Channel of Communication
Clause 34 - Board of Reference
Clause 35 - Part-Time Workers
(2) Any amendment made to any clause of the award referred to in subclause (1) on or subsequent to the date hereof, shall apply automatically to salaried officers employed by the employer.
(3) The terms of any amendment referred to in subclause (2) hereof shall operate from the date upon which workers covered by the award receive the benefit from, or are subject to liability under, any such amendment.
7.-ANNUALLEAVELOADING
(1) When an officer proceeds on annual leave a loading of seventeen and one-half percent of his ordinary rate of pay for four weeks shall be paid at the time of taking such leave.
(2) The loading referred to in subclause (1) hereof, and the conditions relating to such loading shall be the same as those applying to workers covered by the award.
8.-LONGSERVICELEAVE
(1) An officer shall be entitled to three months' long service leave on full pay if he has completed ten years' continuous service.
(2) An officer shall be entitled to three months' long service leave if he has completed a further ten years' continuous service and thereafter he shall be entitled to three months' long service leave on full pay if he completes a further period of seven years' continuous service.
(3) Subclauses (3) to (12) of clause 19 - Long Service Leave of the award shall be adopted mutatis mutandis and deemed to be so incorporated in this agreement, but no officer shall be entitled to pro rata long service leave until he has completed five years of continuous service.
9.-SALARIES
An employer on whom this award is binding shall not increase the rate of wage payable to an employee on 6th October, 1983, or otherwise vary the conditions of employment applicable to an employee on that date so as to increase that employer's labour costs except to the extent that any such increase has been authorised by the Commission after that date.
This agreement shall adopt schedule A, schedule B and schedule C to the award and the said schedules shall be deemed to be so incorporated.
10.-VARIATIONSINSALARIES
(1) Any variation to the salaries payable under the award on or after the date hereof shall apply automatically to salaried officers employed by the employer.
(2) Any variation referred to in subclause (1) hereof shall apply on and from the date upon which workers covered by the award receive the benefit from, or are subject to liability under, any such variation.
11.-CLASSIFICATION
(1) The employer shall notify the Association in writing of the name, title, classification and job description of each salaried officer in its employ within twenty-one days of the date hereof.
(2) The employer shall allocate a classification to each officer by comparing that officer's qualification, experience, duties, level of responsibility and the number of staff for whom he is responsible with similar positions in the hospital industry.
(3) When a salaried officer is engaged by the employer on or after the date hereof, the employer shall notify the Association in writing of the name, title, classification and job description of that salaried officer within seven days of the commencement of service of that officer.
(4) If the Association disagrees with the classification allocated to any officer, the Association shall enter into negotiations with the employer with a view to settling the disagreement.
(5) If the parties cannot reach agreement as to the classification of any officer, the matter may be referred to the Industrial Commission for determination.
12.-INCONSISTENCY
In the event of an inconsistency between this agreement and the award, this agreement shall prevail in all cases.
APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT
(1) This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23May 1997 (Labour Relations Legislation Amendment Act 1997).
(2) Subject to this appendix, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award/industrial agreement.
(a) The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.
(b) (i) If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.
(ii) Discussions at this level will take place as soon as practicable.
(3) The terms of any agreed settlement should be jointly recorded.
(4) Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have effect unless and until that conflict is resolved to allow for it.
(5) Nothing in this appendix shall be read so as to exclude an organisation party to or bound by the award/industrial agreement from representing its members.
(6) Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission provided that with effect from 22 November 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission..
VARIATIONRECORD
NGAL-A MOTHERCRAFT HOME AND TRAINING CENTRE
(SALARIED OFFICERS) AGREEMENT, 1975
AGREEMENT NO. 42 OF 1975
Delivered 24/12/75 at 55 WAIG 1935
Consolidated at
CLAUSE EXTENT OF ORDER OPERATIVE GAZETTE
NO. VARIATION NO. DATE REFERENCE
1. Title
(1A. State Wage Principles)
Ins. Cl. 1752/91 31/01/92 72 WAIG 191
Del. 1A 1457/93 24/12/93 74 WAIG 198
2. Arrangement
Ins. 1A 1752/91 31/01/92 72 WAIG 191
Del. 1A 1457/93 24/12/93 74 WAIG 198
Ins. Appendix - Resolution... 693/96 16/07/96 76 WAIG 2768
3. Area and Scope
4. Term
5. Definitions
6. Adoption of Award
7. Annual Leave Loading
8. Long Service Leave
9. Salaries
10. Variations in Salaries
11. Classification
12. Inconsistency
Appendix - Resolution of Disputes Requirement
Ins. Appendix 693/96 16/07/96 76 WAIG 2768
(1),(6), Del. (7) 2053/97 22/11/97 77 WAIG 3079