Show Grounds Maintenance Worker's Award
1. - TITLE
This award shall be known as the "Show Grounds Maintenance Worker's Award" No. 55 of 1968, as amended and consolidated.
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 $692.90 per week payable on and from the commencement of the first pay period on or after 1 July 2016.
(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 2016 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 $593.90 per week on and from the commencement of the first pay period on or after 1 July 2016.
(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
2A. State Wage Case Principles - September 1989
3. Scope
4. Area
5. Term
6. Definitions
7. Contract of Service
8. Hours
9. Overtime
10. Meal Times
11. Holidays
12. Annual Leave
13. Absence Through Sickness
14. Higher Duties
15. Payment of Wages
16. Travelling Allowance
17. Transportation of Workers
18. Leave of Absence to Officers of the Union
19. Under Rate Workers
20. Record
21. Board of Reference
22. Preference to Unionists
23. First Aid Kit
24. Sanitary Facilities and Shelter Sheds
25. Protective Clothing
26. Extra Rates and Conditions
27. Wages
28. Long Service Leave
29. Compassionate Leave
30. Award Modernisation
31. Structural Efficiency
32. Superannuation
Appendix - Resolution of Disputes Requirement
Appendix - S.49B - Inspection Of Records Requirements
2A. - STATE WAGE CASE PRINCIPLES - SEPTEMBER 1989
It is a term of this award that the Union undertakes for the duration of the Principles determined by the Commission in Court Session in Application 1940 of 1989 not to pursue any extra claims, award or overaward except when consistent with the State Wage Principles.
3. - SCOPE
This award shall apply to workers eligible to belong to the union and employed by the respondent in the work to which the award relates.
4. - AREA
This award shall operate over the area comprised within a radius of twenty-five miles from the G.P.O., Perth.
5. - TERM
This award shall operate for a period of three years from the beginning of the first pay period commencing on or after the date hereof. (This award was delivered on the 16th December, 1968).
6. - DEFINITIONS
(1) "Headquarters" shall mean and include a permanent place wherein are stored or kept plant, equipment and materials or a place where vehicles are parked.
(2) "Casual hand" shall mean a worker employed for less than one week.
(3) "Overtime" shall mean all or any time worked on any one day or night in excess of the hours prescribed in Clause 8 hereof.
(4) "Wet ground" shall mean ground which in the opinion of the responsible officer-in-charge of the particular work is impracticable for workers to work without getting wet feet.
In the event of any dispute arising under this subclause, the matter may be referred to the Board of Reference for determination.
7. - CONTRACT OF SERVICE
With the exception of workers mentioned in subclauses (2)(a) and (b) of clause 27. and whose contract of service shall be a weekly one, the contract of service of all other workers covered by this award shall be a daily one.
8. - HOURS
Thirty eight hours shall constitute a week's work to be worked on five or five and one half days at the option of the employer.
9. - OVERTIME
(1) All time worked in excess of seven hours twenty minutes in any one day Monday to Friday inclusive or after the first three hours twenty minutes before 12 o'clock noon on Saturday in undertakings which work a five and one half day week, shall be paid for at the rate of time and a half for the first two hours and double time thereafter.
(2) (a) All time worked in excess of eight hours in any one day Monday to Friday inclusive where a five day week is worked shall be paid for at the rate of time and a half for the first two hours and double time thereafter.
(b) Where work is performed on Saturday overtime rates as under shall apply -
(i) for the first four hours before 12 o'clock noon, time and a half and thereafter double time;
(ii) after 12 o'clock noon, double time.
(3) Where work is performed on Sunday, double time shall be paid.
(4) All work performed on a holiday prescribed in subclause (1) of clause 11 hereof shall be paid for at the rate of double time and a half.
(5) Work done in the meal hour or any portion thereof shall be paid for at the rate of double time, but this shall not apply to cases involving the completion of work commenced before the lunch period and not occupying more than fifteen minutes from the commencement of the lunch hour, in which case the lunch period may be extended by fifteen minutes beyond the ordinary time.
(6) Where a worker is recalled to perform work after 6 p.m. Monday to Friday inclusive, or on a Saturday where a five-day week is worked, or after 12 noon on a Saturday where a five and one half day week is worked, or on a Sunday, or a prescribed holiday, he shall be paid a minimum of three hours at the appropriate overtime rate. Time reasonably spent in getting to and from work shall be counted as time worked.
(7) Subject to the provisions of subclause (8) of this clause, a worker required to work overtime for more than two hours shall be supplied with a meal by the employer or be paid $3.80 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required he shall be supplied with each meal by the employer or be paid $2.60 for each meal so required.
(8) The provisions of subclause (7) of this clause do not apply -
(a) in respect of any period of overtime for which the worker has been notified on the previous day or earlier that he will be required; or
(b) to any worker who lives in the locality in which the place of work is situated in respect of any meal for which he can reasonably go home.
(9) If a worker to whom paragraph (a) of subclause (8) of this clause applies has, as a consequence of the notification referred to in that paragraph, provided himself with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, he shall be paid for each meal provided and not required, the appropriate amount prescribed in subclause (7) of this clause.
(10) (a) An employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement.
(b) No union or association party to this award, or worker or workers covered by this award, shall in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.
10. - MEAL TIMES
(1) Except as hereinafter provided one hour shall be allowed for any meal break which shall subject to subclause (5) of clause 9. be taken immediately after the completion of four hours' work. Provided that the time at which such meal shall be taken may be varied by agreement between the employer and the union. Provided further that a lesser period than one hour referred to herein may be allowed by agreement between the employer, a worker and the union.
(2) A morning tea break of ten minutes duration on each day, to be counted as time worked, shall be allowed to workers without deduction of pay. The employer shall fix the time for the commencement of the tea break but as far as possible shall meet the wishes of the workers.
11. - HOLIDAYS
(1) (a) The following days or the days observed in lieu shall, subject to this subclause and to clause 9. be allowed as holidays without deduction of pay, namely New Year's Day, Australia Day, Union Picnic Day, Good Friday, Easter Monday, Anzac Day, Labour Day, State Foundation Day, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause.
(b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday, and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.
(2) On any public holiday not prescribed as a holiday under this award the employer's establishment or place of business may be closed in which case a worker need not present himself for duty and payment may be deducted, but if work be done ordinary rates of pay shall apply.
(3) This clause shall not apply to casual workers.
12. - ANNUAL LEAVE
(1) (a) Except as hereinafter provided a period of four consecutive weeks leave with payment as prescribed in paragraph (b) hereof shall be allowed annually to a worker by his employer after a period of twelve months continuous service with such employer which is completed on or after the first day of July, 1975.
(b) A worker before going on leave shall be paid the wages he would have received in respect of the ordinary times he would have worked had he not been on leave during the relevant period.
(c) (i) during a period of annual leave a worker shall receive a loading of 17.5 per cent calculated on the rate of wage prescribed in subclause (2) of clause 27. - Wages hereof.
(ii) the loading prescribed by this subclause shall not apply to proportionate leave on termination.
(d) The provisions of paragraphs (b) and (c) of this subclause shall commence to operate in respect of each completed month of service accruing on or after the 1st April, 1974.
(2) (a) With respect to a period of twelve months continuous service which is completed before the first day of July, 1975, a worker shall be allowed:-
(i) three consecutive weeks leave with payment of ordinary wages as prescribed if that period is completed before the first day of July, 1974.
(ii) three consecutive weeks and one days leave with payment of ordiary wages as prescribed if that period is completed on or after the first day of September, 1974.
(iii) three consecutive weeks and two days leave with payment of ordinary wages as prescribed if that period is completed on or after the first day of December, 1974.
(iv) three consecutive weeks and three days leave with payment of ordinary wages as prescribed if that period is completed on or after the first day of February, 1975.