Western Australian Surveying (Private Practice) Industry Award, 2003 - The

PART 1 - APPLICATION AND OPERATION OF AWARD

1.1 - AWARD TITLE

This Award is to be known as The Western Australian Surveying (Private Practice) Industry Award, 2003, and shall replace The Western Australian Surveying (Private Practice) Industry Award, 1989 (No A 2 of 1988).

1.2. - ARRANGEMENT

This Award is arranged as follows:

Part 1 - Application and operation of Award

1.1 Award Title1.2 Arrangement1.3 Area of Application1.4 Scope1.5 Term1.6 Definitions

Part 2 - Award Flexibility and Workplace Facilitation

2.1 Structural Efficiency

Part 3 - Communication, Consultation and Dispute Resolution

3.1 Settlement of Disputes

Part 4 - Employer and Employees Duties, Employment Relationship and Related Arrangements

4.1 Contract of Service4.2 Existing Contracts of Employment4.3 Certificate of Service

Part 5 - Salaries and Related Matters

5.1 Salaries5.2 Payment of Salaries5.3 Minimum Adult Wage5.4 Superannuation5.5 Record

Part 6 - Hours of Work, Breaks, Overtime, Shiftwork, Weekend Work

6.1 Hours of Work6.2 Overtime

Part 7 - Leave of Absence and Public Holidays

7.1 Public Holidays7.2 Annual Leave7.3 Absence through Sickness7.4 Carer’s Leave

7.5 Bereavement Leave7.6 Parental Leave7.7 Long Service Leave7.8 Continuing Professional Development Leave7.9 Jury Service Leave

Part 8 - Transfers, Travelling and Working Away from Usual Place of Work

8.1 Vehicle Allowance8.2 Fares and Travelling Time8.3 Distant Work and Allowances8.4 Location Allowances

Part 9 - Miscellaneous

9.1 Protective Equipment9.2 Right of Entry9.3 Inspection of Records Requirements9.4 Liberty to Apply

Schedules Schedule of Respondents covered by this Award

1.3 - AREA OF APPLICATION

This Award shall operate throughout the State of Western Australia and shall include those areas which are described in Section 3 of the Industrial Relations Act 1979.

1.4 - SCOPE

(1) Subject to subclause (2), this Award shall apply to all persons employed in the surveying (private practice) industry eligible to be members of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch, the Association of Professional Engineers Australia, (Western Australian Branch), Organisation of Employees or the Australian Municipal, Administrative, Clerical and Services Union of Employees, Western Australian Branch and employed in the classifications defined in Clause 1.6. - Definitions and employed by employers who are wholly or mainly engaged in any branch or branches of the surveying (private practice) industry.

(2) This award does not apply to the hydrographic surveying branch of the industry.

1.5 - TERM

The term of this Award shall be for a period of two years from the beginning of the first pay period commencing on or after 16 June 2003.

1.6 - DEFINITIONS

(1) Industry Definition

Surveying is the process of determining the nature, size, shape, position, limits and physical or administrative attributes of natural or artificial boundaries, features, objects, land parcels, or engineering works, above or below the earth's surface. It includes the acquisition, management, interpretation and analysis of data; the portrayal and dissemination of derived information in written, graphical, numerical, digital, photographic or magnetic media; and associated consulting, design, administration, management and technical support activities.

(2) Unions

Unions in this Award shall be the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch, the Association of Professional Engineers Australia, (Western Australian Branch), Organisation of Employees and the Australian Municipal, Administrative, Clerical and Services Union of Employees, Western Australian Branch.

(3) Professional Definitions

(a) 'Experienced Surveyor'

Shall mean a person engaged as such, as defined, who has post-graduate qualifications in an industry - relevant discipline acceptable to the Institution of Surveyors, Western Australia Incorporated, and who is eligible for corporate membership of the Institution of Surveyors Australia or Institution of Engineering and Mining Surveyors of Australia, or has had a minimum of two years experience on professional surveying duties since graduating as a surveyor.

(b) 'Cadastral Surveyor'

Shall mean a person who is engaged as such and who is licensed in accordance with the provisions of the Licensed Surveyors Act, 1909-1976, as amended and is a holder of current practicing certificate issued by the Land Surveyors Licencing Board.

(c) 'Experienced Town Planner'

Shall mean a person employed as such, who has qualifications at least equal to those necessary for corporate membership of the Royal Australian Planning Institute.

(d) 'Engineering Surveyor'

Is a person employed as such, by virtue of post-graduate experience, and is a Surveyor as defined in Clause 1.6(3)(a), and who is eligible for corporate membership of the Institution of Engineering and Mining Surveyors Australia.

(e) 'Mining Surveyor'

Shall mean a person engaged as such and as defined in Clause 1.6(3)(a) and who is authorised in accordance with the provisions of the Mines Regulations Act 1946-1994 as amended, and carries out survey work associated with mineral extraction industries.

(f) Professional Engineers

(i) 'Professional Engineering Duties'

Shall mean duties carried out by a person in any particular employment the adequate discharge of any portion of which duties requires qualification of the employee as (or at least equal to those of) a graduate member of the Institution of Engineers, Australia.

(ii) 'Professional Engineer'

Shall mean an adult person qualified to carry out professional engineering duties as defined above. The term "Professional Engineer" shall embrace and include "Qualified Engineer" and "Experienced Engineer" as hereinafter defined.

(iii) 'Qualified Engineer'

Shall mean a Professional Engineer other than an "Experienced Engineer" as hereinafter defined; that is, it shall mean a person who is, or is qualified to become, a graduate member of the Institution of Engineers, Australia.

(iv) 'Experienced Engineer'

Shall mean a Professional Engineer with the undermentioned qualifications in any particular employment the adequate discharge of any portion of the duties of which employment requires qualification of the employee as (or at least equal to those of) a Member of the Institution of Engineers, Australia. The aforesaid qualification is as follows -

(a) that he/she is a Chartered Member of the said Institution; or

(aa) that he/she, having graduated in a four year or a five year course at a university recognised by the said Institution, has had four years' experience on professional engineering duties since becoming a Qualified Engineer; or

(aaa) that he/she, not having so graduated, has had five years of such experience.

(4) Graduate Definitions

(a) 'Graduate Surveyor'

Shall mean a person engaged as such and who is involved in any of the fields of practice of land, engineering, geodetic, mining, cadastral, topographic, photogrammetric, cartographic, remote sensing, computing, survey examination and allied professional roles.

A Graduate Surveyor shall hold a degree (3 or 4 year course) recognised by the Institution of Surveyors, Australia Incorporated; or Institution of Engineering & Mining Surveyors Australia or, be a member of, or be eligible for Graduate Membership of the aforementioned Institution.

(b) 'Graduate Town Planner'

Shall mean a person employed as such and who has a Town Planning Degree (3 or 4 year course) but by virtue of experience is not yet eligible for corporate membership of the Royal Australian Planning Institute.

(c) 'Graduate Engineer'

Shall mean a "Qualified Engineer" who is the holder of a university degree (four or five year course) recognised by the Institution of Engineers, Australia.

(5) Para Professional

Are persons employed as Technicians ie (Surveying or Drafting) or Survey Party Leaders in support tasks to Professionals and who are partaking in or have completed approved courses in training as Professionals or have sufficient experience to perform those tasks.

(6) Traineeship Schemes

(a) 'Surveyor Under Articles' - Training Agreement

Shall mean a Graduate Surveyor as defined in Clause 1.6(4)(a), who is working under an agreement registered with the Land Surveyors Licensing Board in order to qualify as a Licensed Surveyor.

(b) Trainee

Shall mean a person employed as such and who is undergoing training under an approved Traineeship Scheme or is subject to internal training of a specified kind in a contract of employment.

(7) Definitions - General

(a) 'Casual Employee'

Shall mean an employee who works the ordinary hours, as defined in Clause 6.1. - Hours of Work, and is employed for less than 16 consecutive weeks, with a minimum engagement of four hours per day. Such an employee shall be paid at the weekly rate calculated pro-rata for the ordinary hours for the class of work performed plus twenty five percent as an addition to the ordinary rate prescribed in this Award.

Notwithstanding the abovementioned, a casual clerk may be employed at an hourly rate for a lesser period than four weeks and shall be paid while so employed, a twenty five percent loading with a minimum engagement of four hours per day; provided that, notwithstanding anything contained in this subclause, the basis and terms of employment of casual clerks may be varied in any particular case by agreement in writing between the employer and the union.

(b) 'Permanent Part Time Employee'

Shall mean an employee who regularly works defined set hours but less than 38 ordinary hours of work as defined in Clause 6.1. - Hours of Work. Such an employee shall be paid at the weekly rate calculated pro rata for the ordinary hours for the class of work performed.

Payment for annual leave and sick pay, for part time employees, shall be strictly related proportionately in accordance with the number of hours worked, to the conditions prescribed in each establishment for full time employees.

PART 2 - AWARD FLEXIBILITY AND WORKPLACE FACILITATION

2.1 - STRUCTURAL EFFICIENCY

(1) (a) Arising out of the Structural Efficiency Principles enunciated in the State Wage Case, an employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training, including work which is incidental or peripheral to their main tasks or functions.

(b) Any direction issued by an employer shall be consistent with the employer's responsibilities to provide a safe work place.

(2) The parties to this award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the surveying industry and to enhance the career opportunities and job security of employees in the industry.

(3) Without limiting the rights of either an employer or a union to arbitration, any other measure designed to increase flexibility on a site or within an enterprise sought by any party shall, by agreement, be implemented subject to the following requirements:

(a) the changes sought shall not affect provisions reflecting Commission standards on hours of employment, annual leave with payment and long service leave with payment;

(b) the majority of employees affected by the change at the site or enterprise must genuinely agree to the change;

(c) no employee shall lose income as a result of the change;

(d) the union must be a party to the agreement; and

(e) any agreement shall be subject, where appropriate, to approval by the Western Australian Industrial Relations Commission and, if approved, shall operate as a schedule to this award and take precedence over any provisions of this award to the extent of any inconsistency.

(4) Award restructuring should be given its wider meaning, and award restructuring should not be confined to the restructuring of classifications but may extend to the review of other restrictive provisions which currently operate. To that end, such restrictive provisions will be reviewed on an ongoing basis.

(5) The parties to this award recognise that in order to increase the efficiency, productivity and international competitiveness of industry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:

(a) developing a more highly skilled workforce;

(b) providing employees with career opportunities through appropriate training to acquire additional skills; and

(c) removing barriers to the utilisation of skills required.

(6) Any disputes arising in relation to the implementation of this clause shall be subject to the provisions of the settlement of disputes clause.

PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION

3.1 - SETTLEMENT OF DISPUTES

(1) Subject to the Industrial Relations Act 1979, where an employee has a grievance in relation to any industrial matter covered by this Award, he or she shall first contact his or her supervisor to work out the problem, and if that fails representation shall then be made to the employer by the employee or an accredited Union workplace representative, for the matter to be given further consideration.

(2) If after the employer’s view has been established, the employee still considers his or her complaint unresolved he or she may then raise the matter with the Union which may then enter into discussions with the employer to see if the matter can be resolved.

(3) In the event of the dispute failing to be resolved the dispute may be then referred to the Western Australian Industrial Relations Commission.

PART 4 - EMPLOYER AND EMPLOYEES DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

4.1 - CONTRACT OF SERVICE

(1) Except in the case of casual employees, the contract of service of every employee shall be terminable by the following notice period given by either side:

Period of continuous service Period of notice

Less than 1 year 1 week1 year and up to the completion of 3 years 2 weeks3 years and up to the completion of 5 years 3 weeks5 years and over 4 weeks

In addition to the notice above, employees over 45 years of age, with at least 2 years continuous service, at the time the employer gives notice, shall be entitled to an additional weeks notice by the employer.

In the event of notice not being given, by the payment in lieu of notice of an equivalent amount of pay by the employer, or the forfeiture of payment of equivalent amount of pay by the employee.

(2) In the case of a casual employee the contract of service shall be terminable by one day's notice on either side given on any day, or in the event of such notice not being given by the payment of one day's pay by the employer or the forfeiture of payment of one day by the employee.

(3) The provisions of this clause shall not effect the right of the employer to dismiss the employee without notice for misconduct (and in such cases the wages shall be paid up to the time of dismissal only).

(4) The employer shall be under no obligation to pay for any day not worked on which the employee was required to present for duty except where such absence from work is due to illness and comes within the provisions of Clause 7.3. - Absence Through Sickness, or such absence is on account of annual leave, long service leave, workers' compensation or bereavement leave, continuing professional development leave, or other holidays or days off prescribed under this Award or the Minimum Conditions of Employment Act 1993 to which the employee is entitled.

4.2 - EXISTING CONTRACTS OF EMPLOYMENT

Nothing contained in this Award shall entitle an employer to reduce the salary of any employee who, at the date of this Award, was being paid a higher rate of salary than the minimum prescribed for his or her class of work. Provided however, that upon the commencement of this Award an employer shall have the right to vary, or cancel, any other provision of an employee's contract of employment which is not provided by, or is inconsistent with the provisions of this Award.

4.3 - CERTIFICATE OF SERVICE

Upon termination of employment, the employer, when requested by the employee, shall provide a certificate of service stating length of service, duties performed and classification of office as well as CPD taken as per Clause 7.8. - Continuing Professional Development Leave.

PART 5 - SALARIES AND RELATED MATTERS

5.1 - SALARIES

The rates of pay in this Award include Arbitrated Safety Net adjustments available since December 1993 under the Arbitrated Safety Net Adjustment Principle and includes the 2013 Safety Net Wage Case Increase of 1 July 2013.

These Arbitrated Safety Net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset Arbitrated Safety Net adjustments.

Wage Classification title Minimum Salaries - $ Skill relativity to level 10 after full minimum rate\broadbanding adjustments

Hourly Weekly Annual %

Level 1 5.1.1(a)

Manager/Professional -Business/Specialist

0 1348.60 0 210

Level 2 5.1.1(b)

Manager/Professional - Project/Specialist

0 1213.60 0 180

Level 3 5.1.1(c)

ExperiencedProfessional Surveyor including Licensed Surveyor/Engineer

0 1123.40 0 160

Level 4 5.1.1(d)

Experienced Surveyor/Town Planner

0 1081.70 0 150

Level 5 5.1.1(e)

Technician V / Survey Party Leader

0 1060.00 0 145

Level 6 5.1.1(f)

Technician IV / Survey Party Leader

0 1015.00 0 135

Level 7 5.1.1(g)

Technician III / Survey Technician, Senior (part-time party leader)Graduate Professional Engineer/Surveyor/Town Planner - 4 year

0 992.50 0 130

Level 8 5.1.1(h)

Technician II / Survey Technician,Graduate Surveyor - under Articles/Town Planner – 3 year

0 970.00 0 125

Level 9 5.1.1(i)

Technician I / Trainee Technician, Survey

0 904.50 0 110

Level 10 5.1.1(j)

Technical Assistant Survey

0 859.80 0 100

Level 11 5.1.1(k)

Trainee Assistant Survey 0 779.80 0 90

Level 12 5.1.1(l)

Unskilled 0 775.20 0 82

Entry level 5.1.1(m)

For entry level for employees who possess relevant technical/professional qualifications see clause 5.1.2

5.1.1(n) The skill relativities to level 10 set out in the above table apply subject to any future award or safety net increases by the Commission. Any such safety net increases will not vary the percentages set out above as being the indicative wage relativities of classifications under this award.

5.1.2 - CLASSIFICATION DEFINITIONS (PROFESSIONAL, TECHNICAL AND SURVEYING)

5.1.2(a) Level 12 - unskilled

An unskilled person is an employee who holds no relevant qualification but is capable of assisting the surveyor or survey technician.

Their duties include:

• Assisting in field work under direct supervision.

• Be aware of safe working practices.

• Be eligible to or hold a drivers license.

• Be able to maintain and clean basic survey equipment.

• Be able to perform general office duties under instruction.

• Be able to work in a team environment.

5.1.2(b) Level 11 - Trainee assistant - survey

An employee who has completed year 11 or is eligible to enter a traineeship scheme or has completed 50% of a Bridging Course or equivalent experience.

Such an assistant may not be pursuing any training but must show a preparedness to develop their skills as pertinent to assisting the surveyor or survey technician in the performance of their duties.

Their duties, under supervision, are to be able to:

• Set up surveying instruments.

• Be aware of safe work practices.

• Be eligible to or hold a drivers license.

• Be able to maintain and clean basic survey instruments.

• Be able to reduce levels.

• Be capable of general office duties.

• Be able to work in a team environment.

5.1.2(c) Level 10 - Technical assistant - survey

A Technical Assistant means a person who has completed a Traineeship scheme, or Year 12 Qualification or Bridging Course but has not progressed onto any further related studies at this stage, or has equivalent experience.

A person who under direct supervision can:

• Using the correct techniques, measure accurately.

• Understand and perform basic survey tasks under instruction.

• Be adaptable to form part of a team for the purpose of performing surveys.

• Show initiative in the performance of survey tasks.

• Be capable of maintaining survey equipment.

• Eligible to hold a drivers license.

5.1.2(d) Level 9 – Technician I/Trainee technical survey

A Technician I/Trainee Technician means a person who has completed 50% of the advanced certificate (national certificate IV) course or equivalent experience.

A person with basic mathematical skills enabling:

• The competent reduction of levels.

• The accurate transfer of survey information.

• Basic plan preparation.

• Accurate angular observation.

• Efficient field techniques.

• The understanding of measurement techniques.

• Responsible for the acquisition of data in the field under the immediate supervision of a qualified surveyor or their appointee.

• Works in a team environment or under routine supervision.

• Basic understanding of the down loading of field data into computers.

• Basic keyboard skills.

• Able to measure accurately.

• Holds or is able to hold a drivers license.

5.1.2(e) Level 8 – Technician II/Survey technician - Graduate Surveyor under Articles/Town Planner - 3 year Graduate

1. 1st year of an advanced certificate (national certificate IV) or 25% of an advanced certificate (national certificate IV) and with three years relevant experience; or

2. An equivalent level of accredited training progressing towards level 3; or

3. Entry point for Graduate Surveyor under Articles and Graduate Town Planner (three year graduate) - as defined ; or

4. Equivalent experience.

A Survey Technician works above and beyond an employee at level 9 and to the level of their training.

• Provides technical guidance or advice within the scope of this level.

• Provides limited technical reports on assigned tasks as directed within the scope of this level.

• Has an overall knowledge and understanding of the principles of the systems and equipment on which they are required to carry out their tasks.

Indicative of the tasks which an employee at this level may perform are the following:

• Carry out limited engineering surveys to the required accuracy under immediate supervision or direction.

• Prepare basic plans using either manual or computer based methods under supervision.

• Survey computations.

• Be able to use survey based computer programmes.

5.1.2(f) Level 7 – Technician III/Survey technician senior (part-time/ party leader) - Graduate Professional Engineer/Surveyor/Town Planner - 4 Year Graduate

A Technician III/Surveying Technician Senior means an employee who has completed an advanced certificate (national certificate IV) or equivalent experience.

A Surveying Technician Senior works above and beyond an employee at level 8 and to the level of their training:

1. Provides technical guidance or advice within the scope of this level.

2. Prepares reports of a technical nature on specific tasks or assignments as directed or within the scope of discretion at this level.

3. Has an overall knowledge and understanding of the principles of the systems and equipment on which they are required to carry out their tasks.

4. Assists in the provision of on-the-job training in conjunction with supervisors and trainers.

Indicative of the tasks which an employee at this level may perform are the following:

• Carry out surveys to the required accuracy under supervision or direction.

• Prepare plans, using either manual or computer based methods under supervision.

• Survey computations.

Obtain survey information and interpret this information for drawing, computation or survey needs.

• Have basic knowledge of civil engineering, geology, soil and fauna/environmental aspects relevant for surveying practice.

• Be able to use survey based computer programmes.

Entry point for Graduate Surveyor, Graduate Town Planner and Graduate Professional Engineer (four year graduate) - as defined - The Graduate Surveyor, Town Planner or Engineer undertakes initial professional surveying/engineering/town planning tasks of limited scope and complexity, such as minor phases of broader assignments, in office, plant or field work.

5.1.2(g) Level 6 – Technician IV/Survey Party leader

A Technician IV/Survey Party Leader means an employee who has completed 3rd year of an associate diploma (national diploma) or equivalent.

A Survey Party Leader is an employee who:

• Whilst working under controlled supervision, gathers or sets out field data and collates the resultant or separate information using computer techniques.

• Prepares work sheets for engineering surveys and applies all relevant checks to ensure quality of computed work.

• Prepares plans to a standard where they would be acceptable to the Office of Titles.

• Assists in the training of staff, maintenance of equipment and office records.

• Assists in the development of new techniques and procedures.

5.1.2(h) Level 5 – Technician V/Survey Party leader

A Technician V/Survey Party Leader means an employee who has completed an associate diploma (national diploma) or equivalent experience, including at least three years work in the officer's speciality.

A Survey Party Leader whilst not requiring supervision for daily tasks is still responsible to an Experienced Surveyor when performing any survey where title definition is required.

Duties which may be expected of such an employee are:

• Under the direction of a coordinator, be able to perform surveys to the required accuracy for the various types of surveys.

• Interpret survey information to enable field surveys to relate to previous surveys.

• Prepare reports on the manner in which the surveys were conducted and justification of results.

5.1.2(i) Level 4 - Experienced Surveyor/Experienced Town Planner (as defined)

An Experienced Surveyor/Experienced Town Planner acts above and beyond an employee at level 5.

Duties which may be expected of an Experienced Surveyor are:

• To the level of their experience coordinate other field parties in the performance of their duties.

• To carry out field surveys to a professional standard to the satisfaction of the employer.

• To show initiative on improving field and office techniques.

• Manage computer files and job flow patterns.

To ensure quality assurance for the areas directly under their control.

• Prepare detailed reports on survey results.

• To be of such professional attitude and demeanour to enable themselves to represent their employer at meetings.

• To be technically competent in all areas relating to the officer's speciality.

An Experienced Surveyor (as defined) would have a minimum of two (2) years on professional surveying duties since graduating as a Surveyor or would be a Corporate Member of the Institute of Surveyors Australia or Australian Institute of Mining and Metallurgy.

5.1.2(j) Level 3 - Professional Surveyor - Licensed/Professional Engineer - Experienced

At Level 3 a Professional Surveyor-Licensed/Professional Engineer - Experienced means an employee who has completed:

• A three or four year degree, diploma (national advanced diploma); or

• An employee who has completed additional accredited education and training so as to reach a standard equivalent to a three or four year degree and

• who is required to perform the work set out below.

A Professional Surveyor - Licensed at Level 3 shall include an employee who has successfully completed all necessary requirements to become a Licensed Surveyor. Such a qualification however is not mandatory for work at this level. Requirements of such an employee would be to be proficient in aspects of law relating to surveying and be actively involved in maintaining their knowledge to include any changes in legislation and technology.

A Professional Engineer – Experienced at Level 3 is an Experienced Engineer (as defined) who plans and conducts professional engineering work without detailed supervision, but with guidance on unusual features and who is usually on more responsible engineering assignments requiring substantial professional experience.

They would require a mature approach to the completion of survey projects and be able to adequately supervise those under their control. The Experienced Professional Engineers would have a minimum four years experience on professional engineering duties since becoming a Qualified engineer or would be a Chartered Member of the Institution of Engineers, Australia.

A Level 3 Professional Surveyor - Experienced/Licensed acts above and beyond an employee at Level 4.

Included in the added responsibility of Licensed Surveyor or an employee working at an equivalent skill level is a commitment to improving the skills of those over which they have direct control.

Regular checks on Quality Control procedures in place for the surveyor's/engineer's place of equipment. Supervision received is in broad objectives where communication with management will enable the surveyor to determine whether targets are being reached.

5.1.2(k ) Level 2 - Manager/Professional project/specialist

A Manager/Professional project/specialist means an employee who has completed:

• A three or four year degree to qualify as a Professional Surveyor/Engineer; or

• An employee who has completed additional accredited education and training so as to reach a standard equivalent to a three or four year degree and

• who is required to perform the work set out below.

Duties

They require the application of mature surveying/engineering knowledge with scope for individual accomplishment and coordination of difficult and responsible surveying alignments/engineering decision making. They deal with problems for which it is necessary to modify established guides and devise new approaches.

They may take some original contribution and/or apply new approaches and techniques to design or development of equipment or specific aspects of products.

Recommendation and decisions

Their recommendations may be reviewed for soundness of judgement but are usually regarded as technically accurate and feasible. They make responsible decisions on matters assigned, including the establishment of surveying/engineering standards and procedures.

Supervision received

Work is carried out within broad guidelines requiring conformity with overall objectives, relative priorities and necessary cooperation with other units. Informed technical guidance may be available.

Supervision exercised

They outline and assign work and review it for technical accuracy and adequacy. They may plan, direct and coordinate the work of other professional surveyors and may also supervise other professional and technical staff and/or engineers.

5.1.2(l) Level 1 - Manager/Professional business/specialist

A Manager Business/Specialist means an employee who has completed:

• A three or four year degree to qualify as a Professional Surveyor/Engineer; or

• An employee who has completed accredited education and training so as to reach a standard equivalent to a three or four year degree and

• who is required to perform the work set out below.

Duties

They are required to perform professional surveying work involving considerable independence in approach and demanding a considerable degree of originality, ingenuity and judgement. They require knowledge of more than one field of surveying/engineering or is an expert in a particular field of surveying/engineering. They initiate and/or participate in short and long range planning and make independent decisions on surveying policies and procedures within an overall program. They may take detailed technical responsibility for product development and the development and provision of specialised survey systems, facilities and functions.

They coordinate work programs and direct or advise on the use of material and/or equipment.

Recommendations and decisions

They make responsible decisions not usually subject to technical review. They decide courses of action necessary to expedite the successful accomplishment of assigned projects. They may make recommendations involving large sums of money or long-range objectives.

Supervision received

Duties are assigned only in terms of broad objectives and are reviewed for policy, soundness of approach, accomplishment and general effectiveness.

Supervision exercised

They supervise a group or groups including professional surveyors and other staff and/or exercise authority and technical control over a group of qualified professional personnel engaged, in both instances, in complex survey applications.

5.1.3 - SALARIES CLERICAL EMPLOYEES

5.1.3(a) Adult

Grade Weekly Rate

$

1 750.40

2 772.40

3 808.10

Provided that:

(a) No employee employed as at the commencement of this award is to receive less pay as a result of regrading under this award. In the event that such regrading results in a lower grading, the present salary is to be maintained until overtaken by award increases.

(b) Over award payments may be absorbed into any increase arising under this award.

5.1.3(b) Juniors

The following percentage of Grade 1 weekly rates shall be minimum rates of wages per week for junior employees:

Age Rate per Week

17 60%18 70%19 80%20 90%

5.1.4 - CLASSIFICATION DEFINITIONS (CLERICAL EMPLOYEES)

5.1.4(a) Grade 1 Clerical Assistant

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 direct. 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 below.

Employees may be required to train other employees in the skills of their own grades by means of personal instruction and demonstration.

MACHINE OPERATION – Skill Level 1

Operate telephone/intercom systems, telephone answering machines, facsimile machines, photocopiers, franking machines, guillotines.

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.

Prepare and collate documents.

Sort and file documents/records accurately in correct location/sequence using an established paper based filing system.

ENTERPRISE/INDUSTRY, SPECIALIST SKILLS – Skill Level 1

Acquire and apply a limited knowledge of office procedures and requirements.

5.1.4(b) Grade 2 Clerical Officer

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 routine.

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 below.

Employees may be required to train other employees in the skills of their own grade and below by means of personal instruction and demonstration.

MACHINE OPERATION – Skill Level 2

Operate adding machines, switchboard, paging system, telex machine, typewriter and calculator.

COMPUTER – Skill Level 1

Use knowledge of keyboard and function keys to enter and retrieve data through computer terminal.

KEYBOARD TYPING – Skill Level 1

Copy type at 25 words per minute with 98% accuracy.

INFORMATION HANDLING SKILLS – Skill Level 2

Maintain mail register and records.

Maintain established paper-based filing/records systems in accordance with set procedures including creating and indexing new files, distributing files within the organisation as requested, monitoring file locations.

Transcribe information into records, complete forms, take telephone messages.

ENTERPRISE/INDUSTRY, SPECIALIST SKILLS – Skill Level 2

Acquire and apply a working knowledge of office or sectional operating procedures and requirements.

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.

BUSINESS/FINANCIAL SKILLS – Skill Level 1

Keep appropriate records.

Sort, process and record original source financial documents (eg invoices, cheques, correspondence) on a daily basis; maintain and record petty cash; prepare bank deposits and withdrawals and do banking.

5.1.4(c) Grade 3 Clerical Officer

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 2.

They are responsible and accountable for their own work, which is performed within established guidelines, they exercise limited discretion within the range of their skill and knowledge. Supervision is general.

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 below.

Employees may be required to train other employees in the skills of their own grade and below by means of personal instruction and demonstration.

MACHINE OPERATION – Skill Level 3

Operate computerised radio telephone equipment, micro/personal computer, printing devices attached to personal computer, dictaphone equipment, typewriters.

KEYBOARD TYPING – Skill Level 2

Produce documents and correspondence using knowledge of standard formats, touch type at 40 words per minute with 98% accuracy, audio type.

COMPUTER – Skill Level 2

Use one or more software application package(s) developed for a micro/personal computer to operate and populate a database, spreadsheet/worksheet to achieve a desired result; graph previously prepared spreadsheet; use simple menu utilities of personal computer.

Following standard procedures or template for the preceding functions using existing models/fields of information. Create, maintain and generate simple reports.

Use a central computer resource to an equivalent standard.

WORD PROCESSING – Skill Level 1

Use one or more software packages to create, format, edit, proof read, spell check, correct, print and save text documents, eg standard correspondence and business documents.

Apply additional functions such as search and replace, variable fonts, moving and merging across documents and simple maths.

SECRETARIAL – Skill Level 1

Take shorthand notes at 70 words per minute and transcribe with 95% accuracy.

Arrange travel bookings and itineraries, make appointments, screen telephone calls, follow visitor protocol procedures, establish telephone contact on behalf of executive.

ENTERPRISE/INDUSTRY, SPECIALIST SKILLS – Skill Level 3

Apply a working knowledge of the organisation’s produces/services, functions, locations and clients.

Respond to and act upon most internal/external inquiries in own function area.

INFORMATION HANDLING SKILLS – Skill Level 3

Use and maintain a computer-based record management system to identify, access and extract information from internal sources.

Maintain circulation, indexing and filing systems for publications, review files, close files, archive files.

BUSINESS/FINANCIAL SKILLS – Skill Level 2

Maintain financial records and journals; collect and prepare time and wages records; prepare accounts payable for authorisation; respond to simple account queries from debtors; post transactions to ledger.

Employees holding a Certificate of Office and Secretarial Studies (TAFE) or accredited equivalent and who are required to use skills and perform tasks within the range of skills in Grade 3 shall be graded at Grade 3 or above.

5.2 - PAYMENT OF SALARIES

Salaries may be paid, as agreed between the employer and employee, weekly, fortnightly, or monthly in cash, by cheque, or by direct bank transfer into an account nominated by the employee.

5.3 - 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 working under an award that provides for a 38 hour week is $726.90 per week.

The minimum adult award wage for full-time employees aged 21 or more working under awards that provide for other than a 38 hour week is calculated as follows: divide $726.90 by 38 and multiply by the number of ordinary hours prescribed for a full time employee under the award.

The minimum adult award wage is payable on and from the commencement of the first pay period on or after 1 July 2018.

(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 aged 21 or more 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 (if applicable) to the minimum adult award wage, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(a) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or government approved work placement programs 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.

(6) 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.

(7) 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.

(8) 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 2018 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.

(9) Adult Apprentices

(a) Notwithstanding the provisions of this clause, the minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for a 38 hour week is $621.10 per week.

(b) The minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for other than a 38 hour week is calculated as follows: divide $621.10 by 38 and multiply by the number of ordinary hours prescribed for a full time apprentice under the award.

(c) The minimum adult apprentice wage is payable on and from the commencement of the first pay period on or after 1 July 2018.

(d) Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.

(e) The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.

(f) 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.

5.4 - SUPERANNUATION

(1) Definitions

(a) “Complying Superannuation Fund” means:

(i) the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and

(ii) under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme.

(b) “Eligible Employee” means an employee who is entitled to receive an employer superannuation contribution pursuant to the Superannuation Guarantee (Administration) Act 1992.

(c) “Ordinary Time Earnings” Shall be as defined in the Superannuation Guarantee (Administration) Act 1992.

(2) Contributions

(a) The employer shall pay contributions to the complying superannuation fund determined under subclause (3) Fund, on behalf of each eligible employee, 9% of Ordinary Time Earnings.

(b) employer contributions shall be paid on a quarterly basis.

(3) Fund

(a) The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee.

(b) The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable.

(c) A nomination or notification of the type referred to in paragraphs (a) and (b) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations

Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed.

(d) The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made.

(e) The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by an employee.

(f) Provided that until an employee nominates a complying superannuation fund or scheme, the employer shall make any required employee contributions to a complying superannuation fund or scheme nominated by the employer.

5.5 - RECORD

(1) A record, or records, shall be kept in each establishment by the employer wherein shall be entered:-

(a) the employee’s name and, if the employee is under 21 years of age, his or her date of birth;

(b) any industrial instrument that applies;

(c) the date on which the employee commenced employment with the employer;

(d) for each day —

(i) the time at which the employee started and finished work;

(ii) the period or periods for which the employee was paid; and

(iii) details of work breaks including meal breaks;

(e) for each pay period —

(i) the employee’s designation;

(ii) the gross and net amounts paid to the employee under the industrial instrument; and

(iii) all deductions and the reasons for them;

(f) all leave taken by the employee, whether paid, partly paid or unpaid;

(g) the information necessary for the calculation of the entitlement to, and payment for long service leave under the Long Service Leave Act 1958, the Construction Industry Portable Paid Long Service Leave Act 1985 or the industrial instrument;

(h) the nature of the work performed by each employee;

(2) Such record, or records, shall be open to a duly accredited representative of the union during the usual business hours for the purpose of inspecting and recording such information. Before exercising a power of inspection the representative shall give reasonable notice of not less than 24 hours to the employer.

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK, WEEKEND WORK

6.1 - HOURS OF WORK

(1) The ordinary hours of work shall not exceed thirty-eight hours per week.

(2) (a) The spread of ordinary hours for employees shall be Monday to Friday between 7.00am and 6.00pm, with the ordinary hours not exceeding eight hours on any one day, providing that by agreement between an employer and employee the spread of ordinary hours may be up to 10 hours on any one day.

(b) A meal break of not less than thirty minutes nor more than one hour shall be taken at a time mutually arranged between the employer and the employee. The maximum period to be worked without a lunch break is five hours.

(3) An employer shall compensate an employee for all authorised time worked in excess of the ordinary hours of duty, as defined in Clause 6.1, as agreed in accordance with Clause 6.2. - Overtime.

6.2 - OVERTIME

(1) Overtime shall mean all work performed in excess of, or outside, the ordinary hours of duty worked in accordance with the provisions of Clause 6.1. - Hours of Work of this Award.

(2) (a) Overtime worked on any day, Monday to Friday inclusive, shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

(b) Overtime worked on a Saturday prior to 12 noon shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

(c) Overtime worked on any day prescribed as a public holiday under this Award shall be paid for at the rate of double time and one half.

(3) In computing overtime each day shall stand alone, but when any employee works overtime which continues beyond midnight on any day, the time worked after midnight shall be deemed to be part of the previous day's work.

(4) (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 had 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 absence.

(c) If, on the instructions of his/her employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, he/she shall be paid at double time 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 ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(5) When an employee is recalled to work after leaving the job he/she shall be paid for at least three hours at overtime rates.

(6) An employee shall not be compelled to work for more than five hours without a break for a meal.

(7) (a) An employee required to work overtime for more than two hours without being notified on the previous day or earlier that he/she will be so required to work shall be supplied with a meal by the employer or paid $8.00 for a meal.

(b) If the amount of overtime required to be worked necessitates a second or subsequent meal the employer shall provide such meals or pay an amount of $5.30 for each second or subsequent meal unless he/she has notified the employee concerned on the previous day or earlier that such second or subsequent meal will also be required.

(8) An employer may require any employee to work reasonable overtime at overtime rates, and such employee shall work overtime in accordance with such requirement.

(9) Notwithstanding the provisions of subclause (2) of this clause, and subject to the provisions of subclause (10) hereunder, any employee, who is paid as or higher than, a Manager/Professional - Project/Specialist as defined in Clause 5.1.2(l) shall receive compensation for any overtime worked either by:

(a) payment of overtime at a single time rate, or

(b) payment of additional remuneration on an annual salary basis provided that the additional remuneration calculated over a calendar year is not less than would otherwise be payable under (9)(a) (10) Notwithstanding any other provision of this clause, an employer and an employee may agree that, in lieu of payment for overtime worked, an employee may, at a mutually convenient time, be granted time off at the rate at which the overtime would otherwise have been paid. Time off in lieu should be taken within 6 months of it accruing and where it is not taken, or where the employment is terminated, the time off in lieu should be paid as per 6.2(2).

PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

7.1 - PUBLIC HOLIDAYS

(1) (a) The following days or the days observed in lieu shall, subject to this clause and to Clause 6.2 - Overtime, be allowed as public holidays, without deduction of ordinary salary; namely, New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day, provided that another day may be taken as a holiday by arrangement between the parties in lieu 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 observed as a public holiday and paid as such and that for which it is substituted shall not be observed as a public holiday and shall be paid at the appropriate rate.

(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 an employee need not present for duty and payment may be deducted, but if work be done, ordinary rates of pay shall apply.

(3) The provisions of this clause shall not apply to casual employees.

7.2 - ANNUAL LEAVE

(1) (a) Except as hereinafter provided, a period of four consecutive weeks' leave with payment of ordinary salary, as prescribed by this Award for the appropriate classification, shall be allowed annually to an employee by the employer after a period of 12 months' continuous service with such employer.

(b) During a period of annual leave, an employee shall be paid a loading of 17.5% calculated on an employee's ordinary salary for that period of leave. Provided that the loading will not

amount to an entitlement in excess of the Australian Bureau of Statistics' Average Weekly Earnings per employed male unit (Original - Australia) for the September quarter of the year preceding the year in which the date of the accrual of leave falls.

(c) The loading prescribed by this subclause shall not apply to proportionate leave on termination.

(d) An employee may agree in writing with the employer, an arrangement other than the loading, such as (a) annual bonus payment (b) additional amount of salary. Such an arrangement made under the provision shall not give a value less than the value of the loading.

(2) If any public holiday falls within an employee's period of annual leave on a day which for the employee would have been an ordinary working day, there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid.

(3) (a) If after one month's continuous service in any qualifying period an employee leaves employment or the employment is terminated by the employer through no fault of the employee, the employee shall be paid one-thirteenth of a week's pay at the ordinary rate of salary in respect of each completed week of continuous service.

(b) In addition to any payment to which the employee may be entitled under paragraph (a) of this subclause, an employee whose employment terminates after the employee has completed a 12 monthly qualifying period and who has not been allowed the leave prescribed under this Award in respect of that qualifying period, shall be given payment in lieu of that leave or, in a case to which subclauses (7) and (8) of this clause applies, in lieu of so much of that leave as has not been allowed, unless:-

(i) the employee has been justifiably dismissed for misconduct; and

(ii) the misconduct for which the employee has been dismissed occurred prior to the completion of the qualifying period.

(4) Any time in respect of which an employee is absent from work except time for which the employee is entitled to claim sick pay or time spent on holidays or annual leave as prescribed by the Award shall not count for the purpose of determining the employee's right to annual leave.

(5) Annual leave may be taken in not more than two periods at a time mutually convenient to the employee and employer.

(6) Notwithstanding anything else herein contained, an employer who observes a Christmas close-down for the purpose of granting annual leave may require an employee to take annual leave.

(7) No employee shall be required to take annual leave unless two weeks' prior notice is given.

(8) The provision of this clause shall not apply to a casual employee.

7.3 - ABSENCE THROUGH SICKNESS

(1) (a) An employee who is unable to attend or remain at the place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions.

(b) Entitlement to payment shall accrue at the rate of one sixth of a week for each completed month of service with the employer.

(c) If in the first or successive years of service with the employer, an employee is absent on the ground of personal ill health or injury for a period longer than the employee's entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service.

(2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that an employee shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service without the agreement of the employer.

(3) To be entitled to payment in accordance with this clause, the employee shall as soon as reasonably practicable advise the employer of the inability to attend for work, the nature of the illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence.

(4) The provisions of this clause do not apply to an employee who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require provided that the employee shall not be required to produce a certificate from a medical practitioner with respect to absences of two days or less unless, after two such absences in any year of service the employer requests in writing that the next and subsequent absences in that year, if any, shall be accompanied by such certificate.

(5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave.

(b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his/her place of residence or a hospital as a result of personal ill health or injury for a period of seven consecutive days or more and the employee does produce a certificate from a registered medical practitioner that he/she was so confined.

Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if unable to attend for work on the working day next following annual leave.

(c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time of proceeding on annual leave and shall not be made with respect to fractions of a day.

(d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 7.2 - Annual Leave.

(e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken.

(6) Where a business has been transmitted from one employer to another and the employee's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave provisions published in Volume 69 of the Western Australian Industrial Gazette at pages 1-4, the paid sick leave standing to the credit of the employee at the date of transmission from service with the transmittor shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.

(7) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers' Compensation Act nor to employees whose injury or illness is the result of the employee's own misconduct.

(8) The provisions of the clause do not apply to casual employees.

7.4 - CARER’S LEAVE

(a) Paid Leave Entitlement

An employee is entitled to use up to 40 hours personal leave each year to care for members of their immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer’s leave where another person has taken leave to care for the same person.

(b) Notice Required

(i) When taking carer’s leave the employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably possible to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of such absence.

(ii) The notice must include:

• The name of the person requiring care and support and their relationship to the employee;

• The reasons for taking such leave;

• And the estimated length of absence.

(iii) The employee must, if required, establish by production of medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by another.

(c) Unpaid Carer’s Leave

An employee may take unpaid carer’s leave by agreement with the employer.

7.5 - BEREAVEMENT LEAVE

(1) An employee, other than a casual employee, shall, on the death within Australia of a spouse or defacto spouse, father, mother, brother, sister, child or stepchild, be entitled on notice of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of ordinary pay for a period not exceeding the number of hours worked by the employee in two ordinary working days. Proof of such death shall be furnished by the employee to the satisfaction of the employer.

(2) Payment in respect of bereavement leave is to be made only where the employee otherwise would have been on duty and shall be granted in any case where the employee concerned would have been off duty in accordance with any work roster or on long service leave, annual leave, sick leave, workers' compensation, leave without pay or on a public holiday.

7.6 - PARENTAL LEAVE

(1) Parental Leave

Subject to the terms of this clause employees other than casuals are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

Definitions

For the purposes of this clause:

“Child” means a child of the employee under the age of one year except for adoption of a child where “child” means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who had previously lived continuously with the employee for a period of six months or more.

(2) Entitlement

(a) After twelve months’ continuous service, parents are entitled to a combined total of 52 weeks’ unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

(b) Parental leave is to be available to only one parent at a time, except that both parents may simultaneously access the leave in the following circumstances:

(i) for maternity and paternity leave, an unbroken period of one week at the time of the birth of the child; and

(ii) for adoption leave, an unbroken period of up to three weeks at the time of the placement of the child.

(3) Maternity Leave

(a) An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

(i) of the expected date of birth (included in a certificate from a registered medical practitioner stating that the employee is pregnant) – at least 10 weeks; and

(ii) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken – at least 4 weeks.

(b) When the employee gives notice under sub-clause 3(a)(i) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment

(c) An employee will not be in breach of sub-clause (3) if the failure to give the required notice period is because of the birth occurring earlier than the presumed date.

(d) Subject to clause 7.6(2)(a) and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of the birth.

(e) Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

(f) Where the pregnancy of an employee terminates after 28 weeks and the employee has not commenced maternity leave, the employee may take unpaid special maternity leave of such period as a registered medical practitioner certifies as necessary, except that where an employee is suffering from an illness not related to the direct consequences of the birth an employee may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave.

(g) Where leave is granted under 7.6(3)(d) during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

(h) (i) Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

(ii) If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee, to commence parental leave.

(4) Paternity Leave

An employee will provide the employer at least ten weeks prior to each proposed period of paternity leave with:

(a) A certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of birth, or states the date on which the birth took place; and

(b) Written notification of the dates on which he proposes to start and finish the period of paternity leave; and

(c) A statutory declaration stating:

(i) he will take that period of paternity leave to become the primary care-giver of a child;

(ii) particulars of any period of maternity leave sought or taken by his spouse; and

(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

(5) Adoption Leave

(a) The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken.

(b) Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

(i) the employee is seeking adoption leave to become the primary care-giver of the child;

(ii) particulars of any period of adoption leave sought or taken by the employee’s spouse; and

(iii) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

(c) An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

(d) Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.

(e) An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to

accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

(6) Variation of Period of Parental Leave

Unless otherwise agreed between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.

(7) Parental leave and Other Leave Entitlements

An employee may in lieu of or in conjunction with parental leave, access other paid leave entitlements which they have accrued, such as annual leave or long service leave, subject to the total amount of leave not exceeding 52 weeks.

(8) Returning to Work After a Period of Parental Leave

(a) An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

(b) An employee will be entitled to the position of which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to clause 7.6(3)(h) the employee will be entitled to return to the position they held immediately before such transfer.

(c) Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

(9) Replacement Employees

(a) A replacement employee is an employee specifically engaged, part time or full time, or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

(b) Before an employer engages a replacement employee the employer will inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

7.7 - LONG SERVICE LEAVE

The Long Service Leave provisions published in Volume 82 of the Western Australian Industrial Gazette at pages 1 to 4 both inclusive, are hereby incorporated in and shall be deemed to be part of this Award.

7.8 - CONTINUING PROFESSIONAL DEVELOPMENT LEAVE

(i) To facilitate skill acquisition and career progression, an employee is entitled to one week's paid study leave, at the ordinary rate of pay, for each completed year of service.

(ii) The entitlements in clause 7.8(i) may accumulate up to two weeks, but unused entitlements shall not be paid on termination. Agreement to utilise these entitlements during employment shall not be unreasonably withheld.

(iii) The employer and the employee should agree on criteria for professional development having regard to the cost, accessibility and availability of courses relevant to the business needs and the number of employees seeking such opportunity.

(iv) The employer shall pay any course registration fees for agreed professional development activities. The employer, at its discretion, may agree with employee to pay for other expenses relating to these activities (travel, accommodation etc)

(v) Nothing in this clause shall prevent an employer and an employee from entering into an agreement to reimburse an employers payment for professional development activities should the employee resign from employment within a year of such activity.

(vi) Where the employer pays course registration fees, the employee has the duty to disseminate the knowledge gained to other members of the business in which he/she is employed. All conference publications from paid courses remain the property of the employer.

(vii) The employer may pay any registration or licensing fee, and/or the membership fee of the relevant professional body when such fees become due.

(viii) On request, the employer shall provide all employees including part time and casual employees, with written proof that the employer holds professional indemnity and public liability insurance to cover the employee in relation to the exercise of the employee's duties with the employer.

7.9 - JURY SERVICE LEAVE

(a) A full time employee required to attend for jury service during his or her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his or her attendance for such jury service and the amount of wage he or she would have received in respect of the ordinary time he or she would have worked had he or she not been on jury service.

(b) Where a part time employee is required to attend for jury service and such attendance coincides with a day on which the employee would normally be required to work, payment shall be made to the employee in accordance with Clause 5.1 Salaries.

(c) An employee shall notify the employer as soon as possible of the date upon which he or she is required to attend for jury service. Further, the employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of jury service.

PART 8 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK

8.1 -VEHICLE ALLOWANCE

(1) (a) Where an employee agrees with the employer to use his/her own motor vehicle in the course of their duties, the employee shall be paid an allowance as agreed between the employer and the employee based on:

(i) the motor vehicle business running costs guide published by the Royal Automobile Club of Western Australia and as amended from year to year (see table set out below for rates as at 1 October 2002), or

(ii) the set rates for business kilometres as published by the Australian Taxation Office and as amended from year to year (see table set out below for 2001/2002 year), or

(iii) any other arrangement as agreed, not less favourable to the employee than any allowance payable under (i) or (ii).

(b) (i) Private Vehicle Reimbursement Rates published by Royal Automobile Club of Western Australia as at 1 October 2002.

Standard Drive Rates/km

<1.6L 38.65c

1.6L <2.6L 56.84c>2.6L 68.87c

Four wheel Drive 84.02c

Passenger van/People Mover 69.95c

(ii) Set rates for business kilometres as published by the Australian Taxation Office for 2001/2002.

Normal engine Rates/km

<1.6L 49.3c1.6L <2.6L 59.0c>2.6L 60.0c

(2) Where agreed between the employer and employee additional recompense shall be paid where the motor vehicle is used in rough terrain, remote areas, or on unsealed roads.

8.2 - FARES AND TRAVELLING TIME

(1) (a) An employee who, on any day, or from day to day is required to work at a job away from the employees accustomed office shall, at the direction of his/her employer, present himself/herself for work at such job at the usual starting time.

(b) An employee to whom paragraph (a) of this subclause applies shall be paid at ordinary rates for time spent in travelling between home and the job and shall be reimbursed for any fares incurred in such travelling, but only to the extent that the time so spent and the fares so incurred exceed the time normally spent and the fares normally incurred in travelling between the home and accustomed office.

(c) An employee who with the approval of his/her employer uses his/her own means of transport for travelling to or from outside jobs shall be paid the amount of excess fares and travelling time which he/she would have been incurred in using public transport unless there is an arrangement with the employer for a regular allowance.

(2) For travelling during working hours from and to the employer's place of business or from one job to another, the employee shall be paid by the employer at ordinary rates. The employer shall pay all fares and reasonable expenses in connection with such travelling.

8.3 - DISTANT WORK ALLOWANCES

(1) DISTANT WORK ACCOMMODATION AND EXPENSES

(a) Where an employee is directed by the employer to proceed to work at such a distance that the employee cannot return to home each night and the employee does so, the employer shall provide the employee with suitable board and lodging or shall pay the expenses reasonably incurred by the employee for board and lodging.

(b) Suitable board and lodging, for the purpose of this subclause, shall mean full board and lodging at a hotel, motel, guest house, construction camp, or sea-going vessel.

(2) CAMPING CONDITIONS

Where an employee is required to camp, the employer shall:

(a) Pay the employee a daily camping allowance as follows:

Permanent Camp Rough Camp/Daily Set UpNorth of 26 parallel $44.95 $64.50South of 26 parallel $39.05 $58.60

(b) Provide camping accommodation and cooking utensils and camp stores. If food is provided by the employer a rate shall be agreed as to the cost of the food and deducted from the employee’s daily camping allowance.

(3) CONSTRUCTION OR SITE ALLOWANCES

Where a Construction Allowance or a Site Allowance is in operation, as defined in a site agreement, an employee under this Award shall be paid the construction or site allowance.

(4) INCIDENTAL ALLOWANCE

(a) An employee shall be paid an incidental allowance for each completed day worked at a place from which he/she cannot return to his/her home each night at a rate of:

North of 26th parallel - $12.85

South of 26th parallel - $10.05

(b) Incidental allowance shall be paid in addition to any other allowance payable under Clause 8.3. - Distant Work Allowances, with the exception of Camping Allowance under subclause (2) or a Construction or Site Allowance under subclause (3) hereof.

(5) EMPLOYEE ABSENT FROM WORK

The provisions of Clause 8.3 - Distant Work Allowances do not apply with respect to any period during which an employee is absent from work without reasonable excuse and in such a case, where the board and lodging is supplied by the employer, he/she may deduct from monies owing or which may become owing to the employee an amount equivalent to the value of that board and lodging for the period of the absence.

8.4 - LOCATION ALLOWANCE

(1) Subject to the provisions of this clause, in addition to the rates prescribed in the wages clause of this award, an employee shall be paid the following weekly allowances when employed in the towns prescribed hereunder. Provided that where the wages are prescribed as fortnightly rates of pay, these allowances shall be shown as fortnightly allowances.

TOWN PER WEEK

Agnew $21.60Argyle $57.80Balladonia $22.30Barrow Island $37.60Boulder $9.20Broome $34.80Bullfinch $10.10Carnarvon $17.80Cockatoo Island $38.10Coolgardie $9.20Cue $22.20Dampier $30.30

Denham $17.80Derby $36.10Esperance $6.30Eucla $24.20Exmouth $31.70Fitzroy Crossing $43.90Halls Creek $50.60Kalbarri $7.70Kalgoorlie $9.20Kambalda $9.20Karratha $36.30Koolan Island $38.10Koolyanobbing $10.10Kununurra $57.80Laverton $22.10Learmonth $31.70Leinster $21.60Leonora $22.10Madura $23.30Marble Bar $56.00Meekatharra $19.10Mount Magnet $24.00Mundrabilla $23.80Newman $20.70Norseman $19.10Nullagine $55.90Onslow $37.60Pannawonica $28.20Paraburdoo $28.00Port Hedland $30.10Ravensthorpe $11.40Roebourne $41.80Sandstone $21.60Shark Bay $17.80Southern Cross $10.10Telfer $51.50Teutonic Bore $21.60Tom Price $28.00Whim Creek $36.00Wickham $34.80Wiluna $21.90Wyndham $54.10

(2) Except as provided in subclause (3) of this clause, an employee who has:

(a) a dependant shall be paid double the allowance prescribed in subclause (1) of this clause;

(b) a partial dependant shall be paid the allowance prescribed in subclause (1) of this clause plus the difference between that rate and the amount such partial dependant is receiving by way of a district or location allowance.

(3) Where an employee:

(a) is provided with board and lodging by his/her employer, free of charge; or

(b) is provided with an allowance in lieu of board and lodging by virtue of the award or an order or agreement made pursuant to the Act;

such employee shall be paid 662/3 per cent of the allowances prescribed in subclause (1) of this clause.

(4) Subject to subclause (2) of this clause, junior employees, casual employees, part time employees, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.

(5) Where an employee is on annual leave or receives payment in lieu of annual leave he/she shall be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled.

(6) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he/she shall only be paid location allowance for the period of such leave he/she remains in the location in which he/she is employed.

(7) For the purposes of this clause:

(a) "Dependant" shall mean -

(i) a spouse or defacto partner; or

(ii) a child where there is no spouse or defacto partner;

who does not receive a location allowance or who, if in receipt of a salary or wage package, receives no consideration for which the location allowance is payable pursuant to the provisions of this clause.

(b) "Partial Dependant" shall mean a "dependant" as prescribed in paragraph (a) of this subclause who receives a location allowance which is less than the location allowance prescribed in subclause (1) of this clause or who, if in receipt of a salary or wage package, receives less than a full consideration for which the location allowance is payable pursuant to the provisions of this clause.

(8) Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of subclause (1) of this clause shall be such amount as may be agreed between Australian Mines and Metals Association, the Chamber of Commerce and Industry of Western Australia and UnionsWA or, failing such agreement, as may be determined by the Commission.

(9) Subject to the making of a General Order pursuant to s.50 of the Act, that part of each location allowance representing prices shall be varied from the beginning of the first pay period commencing on or after the 1st day in July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing), for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest ten cents.

PART 9 - MISCELLANEOUS

9.1 - PROTECTIVE EQUIPMENT

The employer shall have available a sufficient supply of protective equipment (as for example safety glasses, ear protectors, gumboots, helmets, overalls, dust coats or other efficient substitutes thereof) for use by his/her employees when engaged on work for which protective equipment is reasonably necessary.

9.2 - RIGHT OF ENTRY

(1) An authorised union representative may enter, during working hours, any premises where relevant employees work for the purposes of holding discussions on the premises with any of the relevant employees who wish to participate in those discussions.

(2) Relevant employees are employees who are members of that union or eligible to become a member of that union.

(3) An authorised union representative must give the employer of the relevant employees at least 24 hours’ written notice.

(4) An employer shall, wherever practicable, provide a notice board for the posting of union notices.

9.3 - INSPECTION OF RECORDS REQUIREMENTS

For the purposes of inspecting records, by employees or authorised representatives, the provisions of s49E and s49I of the Industrial Relations Act, 1979 apply.

9.4 - LIBERTY TO APPLY

Liberty is reserved to the parties to apply to amend this Award in respect to the following matters:

(a) Redundancy and severance pay

(b) Occupational superannuation

(c) Clerical Salary and Classification Structure and Definitions

SCHEDULES

SCHEDULE OF PARTIES COVERED BY THIS AWARD

A Grade Surveys7 Koolama PlaceKALLAROO WA 6025

Aerial Surveys Australia5 Cressall RoadBALCATTA WA 6021

AAM Surveys Pty Ltd23 Hamilton StreetSUBIACO WA 6008

Adept Boundary Duplex & Site Surveys7 Merrifield PlaceMULLALOO WA 6027

AG Quinn and Co Pty Ltd18 Canning AvenueMT PLEASANT WA 6153

AR Williams and partners Pty Ltd2/1 Alvan StreetMT LAWLEY WA 6050

Automated Surveys3 Ord StreetWEST PERTH WA 6005

Benetti Grogan and Associates6 Page RoadKELMSCOTT WA 6111

Berryman and Ptolomey Pty Ltd66 Canning HighwayVICTORIA PARK WA 6100

Brook and Marsh25 Wheatley StreetGOSNELLS WA 6110

Brown McAllister (WA) Pty Ltd43 BroadwayNEDLANDS WA 6009

Busselton Survey Office

72 Duchess Street

BUSSELTON WA 6280

Carlton SurveysSuite 4160 Burswood RoadBURSWOOD WA 6100

Chris Elks Surveyor

3 Edrey Way

KARRATHA WA 6714

Cottage and Engineering SurveysUnit 2219 Onslow RoadSHENTON PARK WA 6008

Crossland and Hardy Pty Ltd177 Railway ParadeMAYLANDS WA 6051

Dennys William Hayes and Associates7 Merrifield PlaceMULLALOO WA 6027

DM Gerloff and Associates Pty LtdUnit 1, 88 Anderson StreetPORT HEDLAND WA 6721

Douglas Surveying266 Urch RoadROLEYSTONE WA 6111

Finlaysons Land Development Consultants6/89 Winton RoadJOONDALUP WA 6027

FR Rodda and Co70 Churchill AvenueSUBIACO WA 6008

FJ & CA Le Faucher28 Wessex Street

CARINE WA 6020

Fugro Survey Pty Ltd18 Prowse StreetWEST PERTH WA 6005

Garry Callaghan6 Owen RoadDARLINGTON WA 6070

GHD SurveysGHD HOUSE239 Adelaide TerracePERTH WA 6000

GI Cole and Associates229 Marlock WayMANDURAH WA 6210

Graham Gath Surveys98 Dempster Street

ESPERANCE WA 6450

Harley Hedderwick and Webber Pty Ltd

11 Prinsep Street

BUNBURY WA 6230

Hawker Moss SurveyorsSuite 7, 89 Forrest StreetCOTTESLOE WA 6011

Hille – Thompson and Delfos48 Marine TerraceGERALDTON WA 6530

Ian Kelly105 Gregory StreetGERALDTON WA 6530

Ian Ross Surveyors215 Summit RoadMUNDARING WA 6073

Ion Services Pty Ltd14/23 Gibberd RoadBALCATTA WA 6021

JH Kelly8/14 Main StreetOSBORNE PARK WA 6017

John Giudice and Associates8 Stirling StreetFREMANTLE WA 6160

John HighamConsulting SurveyorsPO Box 317WILLETTON WA 6955

John Kinnear & Associates61 Duke StreetALBANY WA 6330

Kevron Aerial Surveys Pty Ltd121 Hill StreetEAST PERTH WA 6004

Kingston Surveys Pty Ltd113 Dugan StreetKALGOORLIE WA 6430

Links Surveying623 Albany HighwayVICTORIA PARK WA 6100

MAKJaP Pty Ltd61 Walters DriveHERDSMAN WA 6017

Mandurah Survey Services6 Hill StreetHALLS HEAD WA 6210

Margaret River Survey Company27 Station RoadMARGARET RIVER WA 6285

McMullen Nolan and Partners Surveyors Pty Ltd2 nd floor, 2 Hardy Street

SOUTH PERTH WA 6151

Midland Survey Services39 Morrison RoadMIDLAND WA 6056

Morris Heyhoe and Richards8 Anzac TerraceGERALDTON WA 6530

Mr RAS MachinLicensed Surveyor

21 Steere Street

BRIDGETOWN WA 6255

Mr RT WellingtonLicensed Surveyor52 Cricklewood WayCARINE WA 6020

Palladin Surveys20 Colgrain WayDUNCRAIG WA 6023

Pascott Grant38 Kings Park RoadWEST PERTH WA 6005

Paterson Tudor Owen & Parker123 Fitzgerald StreetWEST PERTH WA 6872

Paul Kraft and AssociatesLot 8 West Toodyay RoadTOODYAY WA 6566

Peter Driscoll and Associates Pty Ltd7/237 Stirling HighwayCLAREMONT WA 6010

PGS Hope PartnersUnit 1124 Thorogood StreetVICTORIA PARK WA 6100

PJ Neale Surveys Pty Ltd16 Marr StreetMYAREE WA 6154

Property People Surveying9/1076 Hay StreetWEST PERTH WA 6005

Qasco Western Surveys Pty LtdSuite 28, 63 Shepparton RoadVICTORIA PARK WA 6100

Richard Lester & Associates103 Flora TerraceNORTH BEACH WA 6020

RM SURVEYSBurrendah House7 Woodpecker AvenueWILLETTON WA 6155

Rullo & AssociatesPO Box 1875MIDLAND WA 6936

Scanlan Surveys Pty Ltd23 Spring Park RoadMIDLAND WA 6056

Sorensen Short and Associates4 O’Connor WayWANGARA WA 6065

Spectrum Surveys Pty Ltd5 Cressall RoadBALCATTA WA 6021

Statewest Surveys69 Great Northern HighwayMIDLAND WA 6056

Steffanoni Ewing and Cruickshank Pty Ltd282 Rokeby RoadSUBIACO WA 6008

Strata Starters

Suite 9

1076 Hay Street

WEST PERTH WA 6005

Survey Graphics Pty Ltd5/17 Hulme CourtMYAREE WA 6154

Survey West Pty Ltd5/42 Farrall RoadMIDVALE WA 6056

Surveyors Perth and Environs9 Myra PlaceSHELLEY WA 6148

Swan Surveys Pty Ltd9/12 Farnaby LaneBECKENHAM WA 6107

Thompson Consulting Surveyors16 Edward StreetBUNBURY WA 6230

Trevor MarkeyLicensed Surveyor58A Tuam StreetVICTORIA PARK WA 6100

Tuscom & Associates Pty Ltd19a Dunvegan RoadAPPLECROSS WA 6153

Warren Johnson and Co588 Coolibah DriveKUNUNURRA WA 6743

Warren King and Co4 Wattle AvenueGOOSEBERRY HILL WA 6076

Whelans Survey & Mapping Group Pty Ltd133 Scarborough Beach RoadMT HAWTHORN WA 6016

Wilson and MacKay116 Copley RoadUPPER SWAN WA 6056

V A R I A T I O N R E C O R D

THE WESTERN AUSTRALIA SURVEYING (PRIVATE PRACTICE) INDUSTRY AWARD, 2003 NO. A 2 OF 1988

(Previously known as “The Western Australian Surveying (Private Practice) Industry Award, 1989”)PLEASE SEE BELOW EDITOR’S NOTE

Delivered 10/09/90 at 70 WAIG 3617Consolidated at 83 WAIG 1759

CLAUSE NO.

EXTENT OF VARIATION ORDER NO.

OPERATIVE DATE

GAZETTE REFERENCE

PART 1 - APPLICATION AND OPERATION OF AWARD

1.1 Award Title

(1. Title)

Cl. Del. (AWARD RENAMED see below)

1599/00 16/06/03 83 WAIG 1759

(1A. State Wage Principles)

Ins. Cl. 1752/91 31/01/92 72 WAIG 191

Cl. & Title 1457/93 24/12/93 74 WAIG 198

(1A. State Wage Principles December 1993)

Cl. & Title 985/94 30/12/94 75 WAIG 23

(1A. Statement of Principles December 1994)

Cl. & Title 1164/95 21/03/96 76 WAIG 911

(1A. Statement of Principles March 1996)

Cl & Title 915/96 7/08/96 76 WAIG 3368

(1A Statement of Principles - August 1996)

Cl & Title 940/97 14/11/97 77 WAIG 3177

(1A. Statement of Principles - November 1997)

Cl. & Title 757/98 12/06/98 78 WAIG 2579

(1A. Statement of Principles - June, 1998)

Del. Cl. & Title 609/99 06/07/99 79 WAIG 1843

1.2 Arrangement

(2. Arrangement)

Ins. 1A 1752/91 31/01/92 72 WAIG 191

Del. Sch 1 & Sch 2 & Ins.

Sch. of Parties 1803/91 08/04/92 72 WAIG 1351

Ins. 31 & 32 200 & 238/93

06/04/93 73 WAIG 1042

1A. Title 1457/93 24/12/93 74 WAIG 198

1A. Title 985/94 30/12/94 75 WAIG 23

1A. Title 1164/95 21/03/96 76 WAIG 911

Ins. Appendix - Resolution... 693/96 16/07/96 76 WAIG 2768

Corr.del App resol 693/96 16/07/96 76 WAIG 2768

Ins. Appendix - S.49B... 694/96 16/07/96 76 WAIG 2789

1A. Title 915/96 7/08/96 76 WAIG 3368

1A 940/97 14/11/97 77 WAIG 3177

Ins. 1B 940/97 14/11/97 77 WAIG 3177

1A. Title 757/98 12/06/98 78 WAIG 2579

Del. 1A 609/99 06/07/99 79 WAIG 1843

Del & Ins 1599/00 16/06/03 83 WAIG 1759

1.3 Area of Application

(3. Area of Application)

Del & Ins 1599/00 16/06/03 83 WAIG 1759

1.4 Scope

(4. Scope)

Cl. 1380/91 27/09/90 71 WAIG 3291

Del & Ins 1599/00 16/06/03 83 WAIG 1759

1.5 Term

(5. Term)

Del & Ins 1599/00 16/06/03 83 WAIG 1759

1.6 Definitions

(7. Definitions)

Cl. 1380/91 27/09/90 71 WAIG 3291

(5)(b) 1803/91 08/04/92 72 WAIG 1351

PART 2 - AWARD FLEXIBILITY AND WORKPLACE FACILITATION

2.1 Structural Efficiency

(31. Structural Efficiency)

Ins Cl. 200 & 238/93

06/04/93 73 WAIG 1042

PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION

3.1 Settlement of Disputes

(32. Settlement of Disputes)

Ins Cl. 200 & 238/93

06/04/93 73 WAIG 1042

Ins. (1)(A) 693/96 16/07/96 76 WAIG 2768

(1a)(a),(d); del. (e) 2053/97 22/11/97 77 WAIG 3079

Del & Ins 1599/00 16/06/03 83 WAIG 1759

PART 4 - EMPLOYER AND EMPLOYEES DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

4.1 Contract of Service

(6. Contract of Service)

(2) 200 & 238/93

06/04/93 73 WAIG 1042

Del & Ins 1599/00 16/06/03 83 WAIG 1759

4.2 Existing Contracts of Employment

(9. Existing Contracts of Employment)

Del & Ins 1599/00 16/06/03 83 WAIG 1759

4.3 Certificate of Service

(25. Certificate of Service)

Del & Ins 1599/00 16/06/03 83 WAIG 1759

PART 5 - SALARIES AND RELATED MATTERS

5.1 Salaries

5.1.1 1121/03 21/04/04 84 WAIG 1117

5.1, 5.1.1 & 5.1.3 570/04 4/06/04 84 WAIG 1521 & 2106

5.1, 5.1.1 & 5.1.3 576/05 07/07/05 85 WAIG 2083, 2951

5.1, 5.1.1 & 5.1.3 957/05 7/07/06 86 WAIG 1631 & 2466

Corrigendum (5.1, 5.1.1 & 5.1.3)

957/05 07/07/06 87 WAIG 2527

5.1, 5.1.1 & 5.1.3 1/07 01/07/07 87 WAIG 1487 & 2405

5.1, 5.1.1 & 5.1.3 115/07 01/07/08 88 WAIG 773&1596

5.1, 5.1.1 & 5.1.3 1/09 01/10/09 89 WAIG 735 & 2030

5.1, 5.1.1 & 5.1.3 2/10 01/07/10 90 WAIG 568 & 1399

5.1, 5.1.1 & 5.1.3 2/11 01/07/11 91 WAIG 1008 & 1788

5.1, 5.1.1 & 5.1.3 2/12 01/07/12 92 WAIG 1536

5.1, 5.1.1 & 5.1.3 1/13 01/07/13 93 WAIG 1212

Cl. 1/14 01/07/14 94 WAIG 1421

Cl. 1/15 01/07/15 95 WAIG 1387

Cl. 1/16 01/07/16 96 WAIG 1239

Cl. 1/17 01/07/17 97 WAIG 1301

Cl. 1/18 01/07/18 98 WAIG 263 & 1028

(8. Salaries)

(2); C/Ord. A2/88 10/09/90 70 WAIG 3617

(1)&(2) 1803/91 08/04/92 72 WAIG 1351

(1), & (2) 200 & 238/93

06/04/93 73 WAIG 1042

(1) & (2) 680/95 27/07/95 75 WAIG 2606

(1)& (2) 1636/96 04/03/97 77 WAIG 983

Rates & Ins. Text 940/97 14/11/97 77 WAIG 3177

Cl. 1165/98 17/12/98 79 WAIG 555

Preamble ins. Text, (1) & (2) rates.

609/99 01/08/99 79 WAIG 1843

Cl. 654/00 01/08/00 80 WAIG 3379

Cl 752/01 01/08/01 81 WAIG 1721

Cl. 797/02 01/08/02 82 WAIG 1369

Cl. 569/03 5/06/03 83 WAIG 1899 & 2712

Del & Ins 1599/00 16/06/03 83 WAIG 1759

5.2 Payment of Salaries

(10. Payment of Salaries)

Del & Ins 1599/00 16/06/03 83 WAIG 1759

5.3 Minimum Adult Wage

Ins (8) 1197/03 1/11/03 83 WAIG 3537

Cl. 570/04 4/06/04 84 WAIG 1521

Cl. 576/05 07/07/05 85 WAIG 2083, 2951

Cl. 957/05 7/07/06 86 WAIG 1631 & 2466

Corrigendum (Cl.) 957/05 07/07/06 87 WAIG 2527

Cl. 1/07 01/07/07 87 WAIG 1487 & 2405

Cl. 115/07 01/07/08 88 WAIG 773&1596

Cl. 1/09 01/10/09 89 WAIG 735 & 2030

Cl. 2/10 01/07/10 90 WAIG 568 & 1399

Cl. 2/11 01/07/11 91 WAIG 1008 & 1788

Cl. 2/12 01/07/12 92 WAIG 1536

Cl. 1/13 01/07/13 93 WAIG 1212

Cl. 1/14 01/07/14 94 WAIG 1421

Cl. 1/15 01/07/15 95 WAIG 1387

Cl. 1/16 01/07/16 96 WAIG 1239

Cl. 1/17 01/07/17 97 WAIG 1301

Cl. 1/18 01/07/18 98 WAIG 263 & 1028

(1B. Minimum Adult Award Wage)

Ins. 1B 940/97 14/11/97 77 WAIG 3177

(2),(3), & (5) rates & text 609/99 01/08/99 79 WAIG 1843

Cl. 654/00 01/08/00 80 WAIG 3379

Cl 752/01 01/08/01 81 WAIG 1721

Cl. 797/02 01/08/02 82 WAIG 1369

Cl. 569/03 5/06/03 83 WAIG 1899 & 2712

Del 1599/00 16/06/03 83 WAIG 1759

5.4 Superannuation

(11. Superannuation)

Ins. Text 599/98 30/06/98 78 WAIG 2559

Del & Ins 1599/00 16/06/03 83 WAIG 1759

5.5 Record

(28. Record)

Ins text. 491/98 16/04/98 78 WAIG 1471

Del & Ins 1599/00 16/06/03 83 WAIG 1759

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK, WEEKEND WORK

6.1 Hours of Work

(13. Hours of Work)

6.2 Overtime

(14. Overtime)

(2)(b); C/Ord. A2/88 10/09/90 70 WAIG 3617

Del & Ins 1599/00 16/06/03 83 WAIG 1759

PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

7.1 Public Holidays

(17. Holidays)

Del & Ins 1599/00 16/06/03 83 WAIG 1759

7.2 Annual Leave

(18. Annual Leave)

Del & Ins 1599/00 16/06/03 83 WAIG 1759

7.3 Absence through Sickness

(19. Absence Through Sickness)

Del & Ins 1599/00 16/06/03 83 WAIG 1759

7.4 Carer’s Leave

7.5 Bereavement Leave

(20. Bereavement Leave)

Del & Ins 1599/00 16/06/03 83 WAIG 1759

7.6 Parental Leave

(21. Maternity Leave)

Del & Ins 1599/00 16/06/03 83 WAIG 1759

7.7 Long Service Leave

(22. Long Service Leave)

Del & Ins 1599/00 16/06/03 83 WAIG 1759

7.8 Continuing Professional Development Leave

(23. Continuing Professional Development Leave)

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7.9 Jury Service Leave

PART 8 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK

8.1 Vehicle Allowance

(12. Vehicle Allowance)

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8.2 Fares and Travelling Time

(15. Fares and Travelling Time)

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8.3 Distant Work and Allowances

(16. Distant Work and Allowances)

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8.4 Location Allowances

Cl. 1121/03 21/04/04 84 WAIG 1117

Cl. 696/04 01/07/04 84 WAIG 2145

Cl. 458/05 01/07/05 85 WAIG 1893

Cl. 59/06 01/07/06 86 WAIG 1471

Cl. 53/07 01/07/07 87 WAIG 2435

Cl. 9/08 01/07/08 88 WAIG 689

Cl. 24/09 01/07/09 89 WAIG 729

Corr. Ord Sch B (7)(a)(i) - (ii) 24/09 01/07/09 89 WAIG 2483

Cl. 117/10 01/07/10 90 WAIG 561

Cl. 24/11 01/07/11 91 WAIG 995

Cl. 6/12 01/07/12 92 WAIG 725

Cl. 7/13 01/07/13 93 WAIG 461

Cl. 11/14 01/07/14 94 WAIG 669

Cl. 118/15 01/07/15 95 WAIG 700

Cl. 15/16 01/07/16 96 WAIG 631

Cl. 20/17 01/07/17 97 WAIG 585

Cl. 20/18 01/07/18 98 WAIG 415

PART 9 - MISCELLANEOUS

9.1 Protective Equipment

9.2 Right of Entry

(27. Right of Entry)

Ins. Preamble 2053/1/97 22/11/97 77 WAIG 3138

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9.3 Inspection of Records Requirements

(Appendix - S.49B - Inspection of Records Requirements)

Ins. Appendix 694/96 16/07/96 76 WAIG 2789

(1) ins. Text 2053/97 22/11/97 77 WAIG 3138

App. 491/98 16/04/98 78 WAIG 1471

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9.4 Liberty to Apply

(30. Leave to Apply)

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SCHEDULES

(Schedule 1)

Del. Sch. 1803/91 08/04/92 72 WAIG 1351

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(Schedule 2)

Del. Sch. 1803/91 08/04/92 72 WAIG 1351

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(Schedule of Parties)

Ins. Sch. 1803/91 08/04/92 72 WAIG 1351

Del "Construction" 1262/92 08/04/92 73 WAIG 171

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Schedule of Respondents covered by this Award

EDITORS NOTE - This Award does not apply to Hydrographic Surveying. Refer to Appeal s 49. No.1697/90. 71 WAIG 900(24. Miscellaneous Provisions)

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(26. Aged and Infirm Employees)

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(29. Traineeships)

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(Appendix - Resolution of Disputes Requirements)

Ins. Appendix 693/96 16/07/96 76 WAIG 2768

Corr.del App resol 693/96 16/07/96 76 WAIG 2768

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