Metal Trades (General) Award 1966
1. - TITLE
1. - TITLE
This award shall be known as the Metal Trades (General) Award 1966 as
amended and consolidated and to the extent shown in the First Schedule to
this award replaces the several awards and industrial agreements set forth
in that schedule and, with respect to construction work, replaces the
several orders set out in the said schedule.
2. - ARRANGEMENT
1. Title
2. Arrangement
3. Area and Scope
4. Term
4A. Division of Award
PART I - GENERAL
5. Definitions and Classification Structure
6. Contract of Service
7. Higher Duties
8. Under-Rate Employees
9. Apprentices
10. Junior Employees
11. Part Time Employment
12. Cadets
13. Hours
14. Overtime
15. Shift Work
16. Payment of Wages
17. Time and Wages Record
18. Special Rates and Provisions
19. Car Allowance
20. Fares and Travelling Time
21. Distant Work
22. Location Allowances
23. Holidays and Annual Leave
24. Absence Through Sickness
25. Long Service Leave
26. Representative Interviewing Employees
27. Posting of Award and Union Notices
28. Board of Reference
29. Bereavement Leave
30. Maternity Leave
31. Wages and Supplementary Payments
32. Introduction of Change
32A. Redundancy
33. Superannuation
34. Avoidance of Industrial Disputes
35. Training
36. Traineeships
Appendix 1 - Comparative Schedule - Old Classifications
Appendix 2 - Old Definitions
Appendix 3 - ABB Australia Pty Ltd
Appendix 4 - Architectural Aluminium Fabrication Classification
PART II - CONSTRUCTION WORK
1. General Provisions
2. Contract of Service
3. Rest Period
4. Shift Work
5. Special Rates and Provisions
6. Allowance for Travelling and Employment in Construction Work
7. Distant Work
8. Annual Leave Loading
9. Right of Entry
10. Wages
10A. Award Modernisation
10B. Structural Efficiency
11. Grievances and Disputes
12. Definition
13. Apprentices
14. Termination/Redundancy
15. Special Provisions - Western Power Corporation
FIRST SCHEDULE - Awards, Industrial Agreements and Orders Replaced
SECOND SCHEDULE - Schedule of Respondents
Third Schedule - Named Parties to the Award
Appendix - S.49B - Inspection Of Records Requirements
3. - AREA AND SCOPE
This award relates to each industry mentioned in the Second Schedule to
this award and applies to all employees employed in each such industry in
any calling mentioned in Clause 31. - Wages and Supplementary Payments
(including the appendix thereto) of Part I - General or Clause 10. - Wages
of Part II - Construction Work of this award but does not apply within the
area occupied and controlled by the United States Navy at and in the
vicinity of North-West Cape in relation to Increment 1 of the construction
of the Communications Centre.
Exclusion to scope clause - Electrical Contracting Industry.
This award shall not apply to employees who are on-hired to electrical
contracting companies or to employers who are engaged in the electrical
contracting industry as defined under the terms of the Electrical
Contracting Industry Award R22 of 1978.
4. - TERM
This award operates from the beginning of the first pay period commencing
on or after the date hereof until the 21 July 1966, in the case of the
Iron Ore Mining Industry and until 21 June 1969, in all other cases. The
date of this award is the 21st day of June 1966.
4A. - DIVISION OF AWARD
This award shall be divided into PART I - GENERAL which shall apply to all
employees covered by this award except to the extent that PART II -
CONSTRUCTION WORK applies to employees engaged on construction work and
PART II - CONSTRUCTION WORK which shall apply to employees engaged on
construction work defined in Clause 5. - Definitions of PART I - GENERAL
of this award.
PART I - GENERAL
This Part of the award, Clause 5. - Definitions and Classification
Structure to Clause 34. - Avoidance of Industrial Disputes inclusive,
shall apply to all employees covered by this award except to the extent
that Part II - Construction Work applies to employees engaged on
construction work.
5. - DEFINITIONS AND CLASSIFICATION STRUCTURE
(1) General:
Cadet means -
(a) an employee who is appointed by an employer bound by this award
solely for the purpose of being trained for an administrative or
supervisory position (not being a supervisory position to which this
award applies) in the employer's business; and
(b) an employee who is a full-time student at a university, school of
mines or technical college and who is employed during vacations by an
employer bound by this award solely for the purpose of giving the
student practical experience necessary for the completion of the
employee's course of study.
Casual Employee means an employee engaged and paid as such.
Construction work means work on site in or in connection with -
(a) the construction of a large industrial undertaking or any large
civil engineering project;
(b) the construction or erection of any multi-storey building; and
(c) the construction, erection or alteration of any other building;
structure, or civil engineering project which the employer and the
union or unions concerned agree or, in the event of disagreement,
which the Board of Reference declares to be construction work for the
purposes of this award.
Junior Employee means an employee under the age of 21 years who is
not an apprentice or a cadet.
(2) Classification Structure and Definitions:
(a) The following classifications and definitions have superseded the
old task and craft based definitions contained in Appendices 1 and 2
hereof. The following classifications specify skill and training
standards and broad areas of work. The definitions recognise the
National Broad Base, National Engineering Production Certificate and
National Metal and Engineering Curricula modules as recognised and
accredited in Western Australia by SESDA.
(b) Classifications are based on the progressive acquisition of modules
of skill and/or training and application of skills and form the career
path which determines the pay rate structure.
(c) Reclassification on the basis of skills obtained through means
other than accredited training will be subject to testing according to
the re-classification procedures outlined in the W.A. Implementation
Manual. Reclassification by this method shall only be available one
time to an employee and, in order to be successful, re-classification
claims must be lodged with the employer in writing prior to 31st
December 1993. The employer shall give receipt of the claims to the
employee concerned. Future re-classification will then only be
available through complying with the requirements of the definitions.
(Employees engaged in a training programme as at 19th November 1992
for the classification of Electronics Tradesperson or Instrumentation
and Controls Tradesperson in Appendices 1 and 2 shall automatically be
classified at Level C 6 upon meeting the requirements specified in
Appendix 2).
(d) Appointment to any wage level in the classification structure is
contingent upon such additional work being available and required to
be performed by the employer.
+-----------+------------------------+------------------------+
|Wage Group |Classification Title |Minimum Training |
| | |Requirement |
+-----------+------------------------+------------------------+
| | | |
+-----------+------------------------+------------------------+
|*C 5 |Advanced Engineering |Advanced Certificate or |
| |Tradesperson - Level II |15 modules |
+-----------+------------------------+------------------------+
| | | |
+-----------+------------------------+------------------------+
|*C 6 |Advanced Engineering |First Year of Advanced |
| |Tradesperson - Level I |Certificate of 12 |
| | |Modules |
+-----------+------------------------+------------------------+
| | | |
+-----------+------------------------+------------------------+
|C 7 |Engineering Tradesperson|Nine Modules |
| |Special Class - Level II| |
+-----------+------------------------+------------------------+
| | | |
+-----------+------------------------+------------------------+
|C 8 |Engineering Tradesperson|Six Modules |
| |Special Class - Level I | |
+-----------+------------------------+------------------------+
| | | |
+-----------+------------------------+------------------------+
|C 9 |Engineering Tradesperson|Three Modules |
| |- Level II | |
+-----------+------------------------+------------------------+
| | | |
+-----------+------------------------+------------------------+
|C 10 |Engineering Tradesperson|Trade Certificate or 24 |
| |-Level I Engineering / |Modules of Engineering /|
| |Production Employee |Production Certificate |
+-----------+------------------------+------------------------+
| | | |
+-----------+------------------------+------------------------+
|C 11 |Engineering / Production|16 Modules of an |
| |Employee - Level IV |Engineering Production |
| | |Certificate |
+-----------+------------------------+------------------------+
| | | |
+-----------+------------------------+------------------------+
|C 12 |Engineering / Production|Eight Modules of an |
| |Employee -Level II |Engineering / Production|
| | |Certificate |
+-----------+------------------------+------------------------+
| | | |
+-----------+------------------------+------------------------+
|C 13 |Engineering / Production|In-house Training |
| |Employee -Level II | |
+-----------+------------------------+------------------------+
| | | |
+-----------+------------------------+------------------------+
|C 14 |Engineering / Production|Up to 38 hours' |
| |Employee -Level I |induction training |
+-----------+------------------------+------------------------+
* Refer to definitions re the training requirements.
Wage Group C14
Engineering/Production Employee - Level I
(Relativity to C1O - 78%)
An Engineering/Production Employee - Level I is an employee
who undertakes up to 38 hours' induction training which
may include information on the enterprise, conditions of
employment, introduction to supervisors and fellow
employees, training and career path opportunities, plant
lay-out, work and documentation procedures, occupational
health and safety, equal employment opportunity and
quality control/assurance.
An employee at this level performs routine duties
essentially of a manual nature and to the level of his/her
training -
(1) Performs general labouring and cleaning duties.
(2) Exercises minimal judgement.
(3) Works under direct supervision.
(4) Is undertaking structured training to enable him/her to perform work at
Cl3 level.
Wage Group C13
Engineering/Production Employee - Level II
(Relativity to C1O - 82%)
An Engineering/Production Employee - Level II has completed
up to three months structured training so as to enable the
employee to perform work within the scope of this level.
At this Level an employee performs work above and beyond
the skills of an employee at C14 and to the level of the
employee's training -
(1) Works under direct supervision, either individually or in a team
environment.
(2) Understands and undertakes basic quality control/assurance procedures
including the ability to recognise basic quality deviations and faults.
(3) Understands and utilises basic statistical process control procedures.
Indicative of the tasks which an employee at this Level may perform are
the following:-
Repetitive work on automatic, semi-automatic or single purpose machines
or equipment.
Assembles components using basic written, spoken and/or diagrammatic
instructions in an assembly environment.
Basic soldering or butt and spot welding skills or cutting scrap with
oxy-acetylene blow pipe
Uses selected hand tools,
Cleans boilers.
Maintains simple records.
Uses hand trolleys and pallet trucks.
Assists in the provision of on-the-job training in conjunction with
tradespersons and supervisor/trainers.
Wage Group C12
Engineering/Production Employee - Level III
(Relativity to C1O - 87.4%)
An Engineering/Production Employee - Level III has
completed an Engineering Production Certificate I or
equivalent training to enable him/her to perform work
within the scope of this Level.
At this Level an employee performs work above and beyond
the skills of an employee at C13 and to the level of
his/her training -
(1) Is responsible for the quality of his/her own work, subject to routine
supervision.
(2) Works under routine supervision, either individually or in a team
environment.
(3) Exercises discretion within his/her level of skills and training.
Indicative of the tasks which an employee at this Level may perform are
the following:-
Operates flexibly between assembly stations.
Operates machinery and equipment which requires exercising skills and
knowledge beyond that of an employee at Level Cl3.
Non-trade engineering skills.
Basic tracing and sketching skills
Receiving, despatching, distributing, sorting, checking, packing (other
than repetitive packing in a standard container or containers in which
such goods are ordinarily sold), documenting and the recording of
goods, materials and components.
Basic inventory control in the context of a production process.
Basic keyboard skills.
Advanced soldering techniques.
Boiler attendant.
Operation of mobile equipment including forklifts, hand trolleys,
pallet trucks, overhead cranes and winch operation.
Ability to measure accurately.
Assists one or more tradespersons.
Welding which requires the exercise of knowledge and skills above Level
C13.
Assists in the provision of on-the-job training in conjunction with
tradespersons and supervisor/trainers.
Wage Group C11
Engineering/Production Employee - Level IV
(Relativity to Cl0 - 92.4%)
An Engineering/Production Employee - Level IV has completed
16 Modules towards an Engineering Production Certificate
II or equivalent training so as to enable the employee to
perform work within the scope of this Level.
At this Level an employee performs work above and beyond
the skills of an employee at 012 and to the level of the
employee's training -
(1) Works from complex instructions and procedures.
(2) Assists in the provision of on-the-job training to a limited degree.
(3) Co-ordinates work in a team environment or works individually under
general supervision.
(4) Is responsible for assuring the quality of his/her own work.
Indicative of the tasks which an employee at this Level may perform are
the following:-
Uses precision measuring instruments.
Machine setting, loading and operation.
Rigging (certificated)
Inventory and store control, including -
licensed operation of all appropriate materials handling equipment;
use of tools and equipment within the scope of (basic non-trades)
maintenance;
computer operation at a level higher than that of an employee at C12
Level.
Intermediate keyboard skills.
Basic engineering and fault-finding skills.
Basic quality checks on the work of others.
Is licensed and certified for forklift, engine driving and crane
driving operations to a level higher than C12.
Has a knowledge of the employer's operations as it relates to
production processes.
Lubricates production machinery equipment.
Assists in the provision of on-the-job training in conjunction with
tradespersons and supervisor/trainers.
Wage Group C10
Engineering Tradesperson - Level I
An Engineering Tradesperson - Level I holds a Trade Certificate or
Tradesperson's Rights Certificate as an -
Engineering Tradesperson (Automotive) Level I; or
Engineering Tradesperson (Electrical/Electronic) - Level I; or
Engineering Tradesperson (Mechanical) - Level I; or
Engineering Tradesperson (Fabrication) - Level I, and
is able to exercise the skills and knowledge of that trade.
An Engineering Tradesperson - Level I works above and beyond an
employee at C11 and to the level of the employee's training -
(1) Understands and applies quality control techniques.
(2) Exercises good interpersonal and communications skills.
(3) Exercises keyboard skills at a level higher than C11.
(4) Exercises discretion within the scope of this grade.
(5) Performs work under limited supervision, either individually or in a
team environment.
(6) Operates all lifting equipment incidental to the employee's work.
(7) Performs non-trade tasks incidental to the employee's work.
(8) Performs work which, while primarily involving the skills of the
employee's trade, is incidental or peripheral to the primary task and
facilitates the completion of the whole task. Such incidental or
peripheral work would not require additional formal technical training.
(9) Is able to inspect products and/or materials for conformity with
established operational standards.
Production Systems Employee
A Production Systems employee, while still being primarily engaged in
engineering/production work, applies the skills acquired through the
successful completion of an Engineering/Production Certificate Level
III in the production, distribution or stores functions according to
the needs of the enterprise.
A Production Systems employee works above and beyond an employee at C11
and to the level of the employee's training -
(1) Understands and applies quality control techniques.
(2) Exercises good interpersonal communications skills.
(3) Exercises discretion within the scope of this grade.
(4) Exercises keyboard skills at a level higher than C11.
(5) Performs work under general supervision, either individually or in a
team environment.
(6) Is able to inspect products and/or materials for conformity with
established operational standards.
Indicative of the tasks which an employee at this Level may perform are
as follows:-
Approves and passes first off samples and maintains quality of product.
Works from production drawings, prints or plans.
Operates, sets up and adjusts all production machinery in a plant,
including production process welding to the extent of training.
Can perform a range of engineering maintenance function including -
removal of equipment fastenings, including use of destructive cutting
equipment;
lubrication of production equipment;
running adjustments to production equipment.
Operates all lifting equipment.
Basic production scheduling and materials handling within the scope of
the production process or directly related functions within raw
materials/finished goods locations in conjunction with technicians.
Understands and applies computer techniques relating to production
process operations.
First class engine driver's certificate.
Has high level stores and inventory responsibilities beyond the
requirements of an employee at C11.
Assists in the provision of on-the-job training in conjunction with
tradespersons and trainers.
Has a sound knowledge of the employer's operations as it relates to the
production process.
Wage Group C9
Engineering Tradesperson - Level II
(Relativity to C10 - 105%)
An Engineering Tradesperson - Level II is an -
Engineering Tradesperson (Automotive) - Level II; or
Engineering Tradesperson (Electrical/Electronic) - Level
II; or
Engineering Tradesperson (Mechanical) - Level II; or
Engineering Tradesperson (Fabrication) - Level II,
who has completed the following training requirement,
including appropriate on-the-job training -
three appropriate modules in addition to the training
requirements of C10 Level;
and, where practical, the modules should be identified in
the Enterprise Training Programme.
An Engineering Tradesperson - Level II works above and
beyond a Tradesperson at C10 and to the level of the
employee's training -
(1) Exercises the skills attained through satisfactory completion of the
training prescribed for this classification.
(2) Exercises discretion within the scope of this grade.
(3) Works under general supervision, either individually or in a team
environment.
(4) Understands and implements quality control techniques.
(5) Provides trade guidance and assistance as part of a work team.
(6) Exercises trade skills relevant to specific requirements of the
enterprise at a level higher than Engineering Tradesperson - Level I.
Tasks which an employee at this Level may perform are subject to the
employee having the appropriate Trade and Post Trade Training to
enable the particular tasks to be performed.
Wage Group C8
Engineering Tradesperson Special Class - Level I
(Relativity to C10 - 110%)
An Engineering Tradesperson Special Class - Level I means
an -
Engineering Tradesperson Special Class (Automotive) - Level
I; or
Engineering Tradesperson Special Class
(Electrical/Electronic) - Level I; or
Engineering Tradesperson Special Class (Mechanical) - Level
I, or
Engineering Tradesperson Special Class (Fabrication) -
Level I;
who has completed the following training requirements
including appropriate on-the-job training: six appropriate
modules in addition to the training requirements of C10
Level; and, where practical, the modules should be
identified in the Enterprise Training Programme.
An Engineering Tradesperson Special Class - Level I works
above and beyond a Tradesperson at C9 and to the level of
the employee's training -
(1) Exercises the skills attained through satisfactory completion of the
training prescribed for this classification.
(2) Provides trade guidance and assistance as part of a work team.
(3) Assists in the provision of training in conjunction with supervisors
and trainers.
(4) Understands and implements quality control techniques.
(5) Works under limited supervision, either individually or in a team
environment. -
The following tasks are indicative of what an employee at this level
may perform, subject to the employee having the appropriate Trade and
Post Trade Training to enable the particular tasks to be performed:-
Exercises high precision trade skills using various materials and/or
specialised techniques.
Performs operations on a CAD/CAM (Computer Aided Drafting/Computing
Aided Manufacturing) terminal in the performance of routine
modifications to NC/CNC (Numerical Control/Computer Numeric Control)
programmes.
Installs, repairs, maintains, tests, modifies, commissions and/or
fault-finds complex machinery and equipment which utilises hydraulic
and/or pneumatic principles and, in the course of such work, reads and
understands hydraulic and pneumatic circuitry which controls fluid
power systems
Works on complex or intricate circuitry which involves examining,
diagnosing and modifying systems comprising inter-connected circuits.
Wage Group C7
Engineering Tradesperson Special Class - Level II
(Relativity to C10 - 115%)
An Engineering Tradesperson Special Class - Level II means
an -
Engineering Tradesperson Special Class (Automotive) - Level
II; or
Engineering Tradesperson Special Class
(Electrical/Electronic) - Level II; or
Engineering Tradesperson Special Class (Mechanical) - Level
II; or
Engineering Tradesperson Special Class (Fabrication) -
Level II,
who has completed the following training requirement,
including appropriate on-the-job training:-
three appropriate modules which are qualitatively higher
than, and in addition to, the training requirements of C 8
Level;
and, where practical, the modules should be identified in
the Enterprise Training Programme.
An Engineering Tradesperson Special Class - Level II works
above and beyond a Tradesperson at C8 and to the level of
the employee's training -
(1) Exercises the skills attained through satisfactory completion of the
training prescribed for this classification.
(2) Is able to provide trade guidance and assistance as part of a work team.
(3) Provides training in conjunction with supervisors and trainers.
(4) Understands and implements quality control techniques.
(5) Works under limited supervision, either individually or in a team
environment.
The following tasks are indicative of what an employee at this Level
may perform, subject to the employee having the appropriate Trade and
Post Trade Training to enable the particular tasks to be performed:-
Works on machines or equipment which utilise complex mechanical,
hydraulic and/or pneumatic circuitry and controls, or a combination
thereof.
Works on machinery or equipment which utilises complex
electrical/electronic circuitry and controls.
Works on instruments which make up a complex control system which
utilises some combination of electrical, electronic, mechanical or
fluid power principles.
Applies advanced computer numerical control techniques in machining or
cutting or welding or fabrication.
Exercises intermediate CAD/CAM skills in the performance of routine
modifications to programmes.
Works on complex or intricate interconnected electrical circuits at a
Level above C8.
Works on complex radio/communication equipment.
Wage Group C6
* The Advanced Certificates and Associate Diplomas noted in this
definition do not equate to existing TAFE qualifications of the same
name and possession of such qualifications does not of itself justify
classification of an employee at this level.
Advanced Engineering Tradesperson - Level I
(Relativity to ClQ - 125%)
An Advanced Engineering Tradesperson Level I means an -
Advanced Engineering Tradesperson (Automotive) - Level I; or
Advanced Engineering Tradesperson (Electrical/Electronic) -
Level I; or
Advanced Engineering Tradesperson (Mechanical) - Level I; or
Advanced Engineering Tradesperson (Fabrication) - Level I;
who has completed, (including appropriate on-the-job
training) -
12 modules of an Advanced Certificate; or
12 modules of an Associate Diploma; or
equivalent accredited training,
and, where practical, the modules should be identified in
the Enterprise Training Programme.
An Advanced Engineering Tradesperson - Level I works above
and beyond a Tradesperson at C7 and to the level of the
employee's training -
(1) Undertakes quality control and work organisation at a Level higher than
C7.
(2) Provides trade guidance and assistance as part of a work team.
(3) Assists in the training of employees in conjunction with
supervisors/trainers.
(4) Performs maintenance planning and predictive maintenance work other
than in technical fields.
(5) Works under limited supervision, either individually or in a team
environment.
(6) Prepares reports of a technical nature on specific tasks or assignments
as directed.
(7) Exercises broad discretion within the scope of this Level.
The following are indicative of tasks which an employee at this Level
may perform, subject to the employee having the appropriate Trade and
Post Trade Training to enable the particular tasks to be performed:-
Work on combinations of machines or equipment which utilises complex
electronic, mechanical and fluid power principles.
Work on instruments which make up a complex control system that utilise
some combination of electrical, electronic, mechanical, fluid power
principles and electronic circuitry containing complex analogue and/or
digital control systems utilising integrated circuitry.
Application of computer integrated manufacturing techniques involving a
higher level of computer operating and programming skills than for
Level C7.
Work on various forms of machinery and equipment which are
electronically controlled by complex digital and/or analogue control
systems using integrated circuitry.
Wage Group C5
* The Advanced Certificates and Associate Diplomas noted in this
definition do not equate to existing TAFE qualifications of the same
name and possession of such qualifications does not of itself justify
classification of an employee at this level.
Advanced Engineering Tradesperson - Level II
(Relativity to C10 - 130%)
An Advanced Engineering Tradesperson - Level II means an -
Advanced Engineering Tradesperson (Automotive) - Level II;
or
Advanced Engineering Tradesperson (Electrical/Electronic)
Level II; or
Advanced Engineering Tradesperson (Mechanical) - Level II or
Advanced Engineering Tradesperson (Fabrication) - Level II,
who has completed (including appropriate on-the-job
training) -
an Advanced Certificate; or
15 modules of an Associate Diploma; or
equivalent accredited training,
and, where practical, the modules should be identified in
the Enterprise Training Programme.
An Advanced Engineering Tradesperson - Level II works above
and beyond a Tradesperson at C6 and to the level of the
employee's 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 over-all knowledge and understanding of the operating principle
of the systems and equipment on which the Tradesperson is required to
carry out the task.
(4) Assists in the provision of on-the-job training in conjunction with
supervisors and trainers.
The following are indicative of the tasks an employee at this level may
perform, subject to the employee having the appropriate Trade and Post
Trade Training to enable the particular tasks to be performed:-
Through a systems approach is able to exercise high level diagnostic
skills on complex forms of machinery, equipment and instruments which
utilise some combination of electrical, electronic, mechanical or
fluid power principles.
Sets up, commissions, maintains and operates sophisticated maintenance,
production and test equipment and/or systems involving the application
of computer operating skills at a higher level than C6.
Works on various forms of machinery and equipment electronically
controlled by complex digital and/or analogue control systems using
integrated circuitry.
Works on complex electronics or instruments or communications equipment
or control systems which utilise electronic principles and electronic
circuitry containing complex analogue and/or digital control systems
using integrated circuitry.
Advanced Certificates and Associate Diplomas:
Advanced Certificates and Associate Diplomas noted in these definitions
do not equate to existing TAFE qualifications of the same name and,
possession of such qualifications does not itself justify
classification of a tradesperson to this level.
6. - CONTRACT OF SERVICE
(1) (a) A contract of service to which Part 1 - GENERAL of this award
applies may be terminated in accordance with the provisions of this clause
and not otherwise but this subclause does not operate so as to prevent any
party to a contract from giving a greater period of notice than is
hereinafter prescribed, nor to affect an employer's right to dismiss an
employee without notice for conduct that justifies instant dismissal,
including malingering, inefficiency or neglect of duty, and an employee so
dismissed shall be paid for the time worked up to the time of dismissal
only.
(b) Subject to the provisions of this clause, a party to a contract of
service may, on any day give to the other party the appropriate period
of notice of termination of the contract prescribed in subclause (2)
of this clause and the contract terminates when that period expires.
(2) Notice of Termination by Employer
(a) In order to terminate the employment of an employee (other than a
casual employee) the employer shall give the employee the following
notice -
+--------------------------------+---------------------+
|PERIOD OF CONTINUOUS SERVICE |PERIOD OF NOTICE |
+--------------------------------+---------------------+
| | |
+--------------------------------+---------------------+
|During the first month |1 day |
+--------------------------------+---------------------+
| | |
+--------------------------------+---------------------+
|More than one month but less |1 week |
|than 1 year | |
+--------------------------------+---------------------+
| | |
+--------------------------------+---------------------+
|1 year but less than 3 years |2 weeks |
+--------------------------------+---------------------+
| | |
+--------------------------------+---------------------+
|3 years but less than 5 years |3 weeks |
+--------------------------------+---------------------+
| | |
+--------------------------------+---------------------+
|5 years and over |4 weeks |
+--------------------------------+---------------------+
(b) An employee who at the time of being given notice is over 45 years
of age and who at the date of termination has completed two years'
continuous service with the employer, shall be entitled to one week's
notice in addition to the notice prescribed in paragraph (a) of this
subclause.
(c) Payment in lieu of the notice prescribed in paragraphs (a) and (b)
of this subclause shall be made if the appropriate notice period is
not given. Provided that employment may be terminated by part of the
period of notice specified and part payment in lieu thereof.
(d) In calculating any payment in lieu of notice the employer shall pay
the employee the ordinary wages for the period of notice had the
employment not been terminated.
(e) The period of notice in this subclause shall not apply in the case
of casual employees, apprentices or employees engaged for a specific
period of time or for a specific task or tasks.
(f) (i) For the purpose of this clause continuity of service shall not
be broken on account of -
(aa) any interruption or termination of the employment by the
employer if such interruption or termination has been made
merely with the intention of avoiding obligations hereunder in
respect of leave of absence;
(bb) any absence from work on account of personal sickness or
accident for which an employee is entitled to claim sick pay
as prescribed by this award or on account of leave lawfully
granted by the employer; or
(cc) any absence with reasonable cause, proof whereof shall be
upon the employee;
Provided that in the calculation of continuous service
under this subclause any time in respect of which an
employee is absent from work except time for which an
employee is entitled to claim annual leave, sick pay, long
service leave and public holidays as prescribed by this
award shall not count as time worked.
(ii) service by the employee with a business which 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 66 of the Western Australian Industrial Gazette at pages
1-4 shall also constitute continuous service for the purpose of
this clause.
(g) The provisions of this subclause shall not apply in any case where
the employee's contract of service is changed from Part I - General to
Part II - Construction, of this Award.
(3) Notice of Termination by Employee
(a) The notice of termination required to be given by an employee shall
be the same as that required of an employer, save and except that
there shall be no additional notice based on the age of the employee
concerned.
(b) If an employee fails to give the required notice or having given,
or been given, such notice leaves before the notice expires, the
employee forfeits the entitlement to any moneys owing to the employee
under this award except to the extent that those moneys exceed the
ordinary wages for the required period of notice.
(4) Time Off During Notice Period
Where an employer has given notice of termination to an employee who
has completed one month's continuous service, that employee shall, for
the purpose of seeking other employment be entitled to be absent from
work up to a maximum of eight ordinary hours without deduction of pay.
The time off shall be taken at times that are convenient to the
employee after consultation with the employer.
Provided that this subclause shall not apply to a casual employee.
(5) Statement of Employment
The employer shall, upon receipt of a request from an employee whose
employment has been terminated, provide to the employee a written
statement specifying the period of employment and the classification
or the type of work performed by the employee.
(6) Notification on Engagement
On the first day of engagement an employee shall be notified by his
employer or by the employer's representative, whether the duration of
his employment is expected to exceed one month and, if hired as a
casual employee shall be advised accordingly.
(7) Casual Employees
(a) (i) The period of notice of termination in the case of a casual
employee shall be one hour.
(ii) If the required notice of termination is not given one hour's
wages shall be paid by the employer or forfeited by the employee.
(b) An employee shall for the purpose of this award be deemed to be a
casual employee -
(i) if the expected duration of the employment is less than one
month, or
(ii) if the notification referred to in subclause (6) of this
clause is not given and the employee is dismissed through no fault
of the employee within one month of commencing employment.
(8) Absence From Duty
The employer shall be under no obligation to pay for any day not worked
upon which the employee is required to present for duty, except when
such absence is due to illness and comes within the provisions of
Clause 24. - Absence through Sickness of this award or such absence is
on account of holidays to which the employee is entitled under the
provisions of this award.
(9) Standing Down of Employees
(a) (i) The employer is entitled to deduct payment for any day or part
of a day on which an employee (including an apprentice) cannot be
usefully employed because of industrial action by any of the unions
party to this Award, or by any other association or union.
(ii) If an employee is required to attend for work on any day but
because of failure or shortage of electric power work is not
provided, such employee shall be entitled to two hours' pay and
further, where any employee commences work he/she shall be
provided with four hours' employment or be paid for four hours'
work.
(b) The provisions of paragraph (a) of this subclause also apply where
the employee cannot be usefully employed through any cause which the
employer could not reasonably have prevented but only if, and to the
extent that, the employer and the union or unions concerned so agree
or, in the event of disagreement, the Board of Reference so determines.
(c) Where the stoppage of work has resulted from a breakdown of the
employer's machinery the Board of Reference, in determining a dispute
under paragraph (b) of this subclause, shall have regard for the
duration of the stoppage and the endeavours made by the employer to
repair the breakdown.
7. - HIGHER DUTIES
An employee engaged on duties carrying a higher rate than the employee's
ordinary classification shall be paid the higher rate for the time the
employee is so engaged but if so engaged for more than two hours of one
day or shift the employee shall be paid the higher rate for the whole day
or shift.
Provided that these provisions shall not apply where an employee is
performing duties for the sole purpose of training in accordance with the
enterprise training programme defined in Clause 35. - Training of this
award.
8. - UNDER-RATE WORKERS
(1) Any employee who by reason of old age or infirmity is unable to earn
the minimum wage may be paid such lesser wage as may from time to time be
agreed upon in writing between the union and the employer.
(2) In the event of no agreement being arrived at, the matter may be
referred to the Board of Reference for determination.
(3) After application has been made to the Board, and pending the Board's
decision, the worker shall be entitled to work for and be employed at the
proposed lesser rate.
9. - APPRENTICES
Apprentices may be taken in the ratio of one apprentice for every two or
fraction of two (the fraction being not less than one) tradesmen and shall
not be taken in excess of that ratio unless -
(1) the union or unions concerned so agree; or
(2) the Commission so determines.
10. - JUNIOR EMPLOYEES
Junior employees shall not be employed in any occupation to which
apprentices may be taken pursuant to the provisions of the Industrial
Training Act 1975.
11. - PART TIME EMPLOYMENT
(1) A part time employee may be engaged to work for a constant number of
hours each week which having regard to the various ways of arranging
ordinary hours shall average less than 38 hours per week.
(2) An employee so engaged shall be paid per hour one thirty-eighth of the
weekly wage prescribed for the classification in which the employee is
engaged.
(3) An employee engaged on a part time basis shall be entitled in respect
of annual leave, holidays, sick leave and bereavement leave arising under
this award payment on a proportionate basis calculated as follows:
(a) Annual Leave
Where a part time employee is entitled to a payment, either on
termination or for the purpose of annual leave or at a close down,
for continuous service in any qualifying twelve monthly period
then the payment of 2.923 hours' pay prescribed by paragraph (b)
of subclause (6) of Clause 23. - Holidays and Annual Leave shall
be in respect of each cumulative period of 38 ordinary hours
worked during the qualifying period.
(b) Holidays
A part time employee shall be allowed the holidays prescribed by
Clause 23. Holidays and Annual Leave without deduction of pay in
respect of each holiday which is observed on a day ordinarily
worked by the part time employee.
(c) Absence Through Sickness
Notwithstanding the provisions of paragraph (a) of subclause (1) of
Clause 24. - Absence Through Sickness the accrual of one-sixth of
a week for each completed month of service shall be calculated on
the average number of ordinary hours worked each week for every
completed month of service.
(d) Bereavement Leave
Where a part time employee would normally work on either or both of
the two working days following the death of a close relative which
would entitle an employee on weekly hiring to bereavement leave in
accordance with Clause 29. - Bereavement Leave of this award the
employee shall be entitled to be absent on bereavement leave on
either or both of those two working days without loss of pay for
the day or days concerned.
(e) Overtime
A part time employee who works in excess of the hours fixed under
the contract of employment shall be paid overtime in accordance
with Clause 14. - Overtime of this award.
12. - CADETS
(1) An employer, who, after the commencement of this award, engages a cadet
shall, within fourteen days of the engagement, notify the Industrial
Registrar accordingly and shall advise the Registrar in writing of the
terms and conditions of the employment.
(2) Upon receipt of the notification referred to in subclause (1) of this
clause, the Registrar shall notify the union or unions concerned and shall
afford them the opportunity of examining the terms and conditions of
employment referred to in that subclause.
(3) Within fourteen days of being notified by the Registrar the union or
unions concerned may object to the employment of the cadet and the
Commission may, on hearing the objection:-
(a) allow or refuse permission for the employment of the cadet; and
(b) make such order as it deems fit with regard to the terms and
conditions of employment.
(4) The provisions of this clause do not affect any cadet employed at the
date of this award.
13. - HOURS
(1) (a) The provisions of this subclause apply to all employees other than
those engaged on continuous shift work.
(b) Subject to the provisions of subclauses (3) and (4) of this clause
the ordinary hours of the work shall be an average of 38 per week to
be worked on one of the following bases.
+------+---------------------------------------------------------+
| | |
+------+---------------------------------------------------------+
|(i) |38 hours within a work cycle not exceeding seven |
| |consecutive days; or |
+------+---------------------------------------------------------+
| | |
+------+---------------------------------------------------------+
|(ii) |76 hours within a work cycle not exceeding fourteen |
| |consecutive days; or |
+------+---------------------------------------------------------+
| | |
+------+---------------------------------------------------------+
|(iii) |114 hours within a work cycle not exceeding twenty-one |
| |consecutive days; or |
+------+---------------------------------------------------------+
| | |
+------+---------------------------------------------------------+
|(iv) |152 hours within a work cycle not exceeding twenty-eight |
| |consecutive days; or |
+------+---------------------------------------------------------+
| | |
+------+---------------------------------------------------------+
|(v) |where the ordinary hours being worked each day are in |
| |accordance with paragraph (e)(ii) of this subclause, any |
| |other work cycle during which a weekly average of 38 |
| |ordinary hours are worked; or |
+------+---------------------------------------------------------+
| | |
+------+---------------------------------------------------------+
|(vi) |for the purposes of paragraph (g) of subclause (3) of |
| |this clause any other work cycle during which a weekly |
| |average of 38 ordinary hours are worked as may be agreed |
| |in accordance with paragraph (g) of subclause (3). |
+------+---------------------------------------------------------+
(c) The ordinary hours of work may be worked on any or all days of the
week, Monday to Friday inclusive, and except in the case of shift
employees, shall be worked between the hours of 6.00 a.m. and 6.00
p.m. Provided that the spread of hours may be altered by agreement
between the employer and the majority of employees in the plant,
section or sections concerned.
(d) Where the first night shift in any week commences on Monday night,
the night shift commencing on Friday and finishing not later than 8.00
a.m. on Saturday of that week, shall be deemed to have been worked in
ordinary working hours.
(e) The ordinary hours of work prescribed herein shall not exceed 10
any day. Provided that -
(i) in any arrangement of ordinary working hours where the ordinary
working hours are to exceed eight on any day, the arrangement of
hours shall be subject to agreement between the employer and the
majority of employees in the plant, section or sections concerned;
and
(ii) by arrangement between the employer and the majority of
employees in the plant, section or sections concerned, ordinary
hours, not exceeding 12 on any day, may be worked subject to:-
(aa) the employer and the employees concerned being guided by
the Occupational Health and Safety provisions of the ACTU Code
of Conduct on 12 Hour Shifts (as exhibited in the Western
Australian Industrial Relations Commission on 11 April 1990);
(bb) proper health monitoring procedures being introduced;
(cc) suitable roster arrangements being made; and
(dd) proper supervision being provided.
(iii) Subject to the provisions of subparagraphs (i) and (ii)
hereof, 12 hour shifts may be worked provided the employer has
given the relevant union or unions concerned notice in writing
that such shifts are to be worked.
(f) The ordinary hours of work shall be consecutive except for a meal
interval which shall not exceed one hour, and -
(i) An employee shall not be compelled to work for more than five
hours without a meal interval except where an alternative
arrangement is entered into as a result of discussions as provided
for in subclause (4) of this clause.
(ii) By arrangement between an employer and the majority of
employees in the plant, section or sections concerned, an employee
or employees may be required to work in excess of five hours, but
not more than six, at ordinary rates of pay without a meal break.
(iii) The time of taking a scheduled meal break or rest break by
one or more employees may be altered by the employer if it is
necessary to do so in order to meet a requirement for continuity
of operations.
(iv) An employer may stagger the time of taking a meal or rest
break to meet operational requirements.
(v) When an employee is required for duty during the employee's
usual meal interval and the meal interval is thereby postponed for
more than half an hour, the employee shall be paid at overtime
rates until the employee gets the meal interval.
(g) (i) Subject to the provisions of this paragraph, a rest period of
seven minutes from the time of ceasing to the time of resumption of
work shall be allowed each morning.
(ii) The rest period shall be counted as time off duty without
deduction of pay and shall be arranged at a time and in a manner
to suit the convenience of the employer.
(iii) Refreshments may be taken by employees during the rest period
but the period of seven minutes shall not be exceeded under any
circumstances.
(iv) An employer who satisfies the Commission that any employee has
breached any condition expressed or implied in this paragraph may
be exempted from liability to allow the rest period.
(v) In an establishment in which the majority of employees are not
subject to this award, the provisions of this paragraph do not
apply but any employee to whom this award applies shall be
entitled to the rest period, if any, which may be allowed to the
aforesaid majority.
(h) (i) In an establishment in which the majority of employees are not
subject to this award, the ordinary working hours of an employee who
is employed on maintenance work may be worked from Monday to Saturday
noon, inclusive, but only if -
(aa) the employee is paid at the rate of time and one quarter
for ordinary hours worked on Saturdays up to 12 noon;
(bb) the ordinary hours of the aforesaid majority may include
work on Saturdays; and
(cc) the business of that establishment is carried on on
Saturdays.
(ii) Notwithstanding the provisions of this award contained
elsewhere than in this paragraph, when New Year's Day, Anzac Day,
Christmas Day or Boxing Day falls on a Saturday an employee who
does not work on that Saturday is nevertheless entitled to be paid
for each of the two weeks preceding that Saturday the ordinary
weekly wage and the starting and/or finishing time on any day or
days in those two weeks may be varied by the employer so that the
ordinary hours usually worked by an employee between Monday and
Friday (both inclusive) may be increased in each of those weeks by
the ordinary hours usually worked by that employee on Saturday.
This paragraph does not apply to a casual employee.
(i) In the week commencing on the Monday immediately preceding Good
Friday, the ordinary working hours of any employee employed by an
employer who is bound by an Award applying to Shop Assistants in
the area in which the business is carried on, shall be increased
on each of the days Monday to Thursday inclusive by 1/5th of the
ordinary hours usually worked by that employee on the Saturday
following Good Friday.
(2) (a) The provisions of this subclause apply only to employees engaged on
continuous shift work.
(b) Subject to the provisions of subclauses (3) and (4) of this clause
the ordinary hours of continuous shift employees shall average 38 per
week (inclusive of crib time) and shall not exceed 152 hours in
twenty-eight consecutive days.
Provided that, where the employer and the majority of the employees
concerned agree, a roster system may operate on the basis that the
weekly average of 38 ordinary hours is achieved over a period
which exceeds 28 consecutive days.
(c) The ordinary hours of work prescribed herein shall not exceed 10 on
any day. Provided that -
(i) in any arrangement of ordinary working hours where the ordinary
working hours are to exceed eight on any day, the arrangement of
hours shall be subject to agreement between the employer and the
majority of employees in the plant, section or sections concerned;
and
(ii) by agreement between the employer and the majority of
employees in the plant, section or sections concerned, ordinary
hours, not exceeding 12 on any day, may be worked subject to -
(aa) the employer and the employees concerned being guided by
the Occupational Health and Safety provisions of the ACTU Code
of Conduct on 12 Hour Shifts (as exhibited in the Western
Australian Industrial Relations Commission on 11 April 1990);
(bb) proper health monitoring procedures being introduced;
(cc) suitable roster arrangements being made; and
(dd) proper supervision being provided.
(iii) Subject to the provisions of subparagraphs (i) and (ii)
hereof, 12 hour shifts may be worked provided the employer has
given the relevant union or unions concerned notice in writing
that such shifts are to be worked.
(3) (a) Except as provided in paragraph (d) of this subclause the method of
implementation of the 38 hour week may be any one of the following:
(i) by employees working less than 8 ordinary hours each day; or
(ii) by employees working less than 8 ordinary hours on one or more
days each week; or
(iii) by fixing one day of ordinary working hours on which all
employees will be off duty during a particular work cycle; or
(iv) by rostering employees off duty on various days of the week
during a particular work cycle so that each employee has one day
of ordinary working hours off duty during that cycle; or
(v) except in the case of continuous shift employees where the
ordinary hours of work are worked within an arrangement as
provided in sub-paragraphs (iii) or (iv) of this paragraph, any
day off duty shall be arranged so that it does not coincide with a
holiday prescribed in subclause (1) of Clause 23. - Holidays and
Annual Leave of this Award.
(b) In each plant, an assessment should be made as to which method of
implementation best suits the business and the proposal shall be
discussed with the employees concerned, the objective being to reach
agreement on the method of implementation prior to May 17, 1982.
(c) In the absence of an agreement at plant level, the procedure for
resolving special, anomalous or extraordinary problems shall be as
follows:
(i) Consultation shall take place within the particular
establishment concerned.
(ii) If it is unable to be resolved at establishment level, the
matter shall be referred to the State Secretary of the union
concerned or Assistant Secretary, at which level a conference of
the parties shall be convened without delay.
(iii) In the absence of agreement either party may refer the matter
to the Western Australian Industrial Relations Commission.
(d) Different methods of implementation of a 38 hour week may apply to
various groups or sections of employees in the plant or establishment
concerned.
(e) Notice of Days Off Duty.
Except as provided in paragraphs (f) and (g) of this subclause in
cases where, by virtue of the arrangement of ordinary hours an
employee, in accordance with sub-paragraphs (iii) and (iv) of
paragraph (a) of this subclause, is entitled to a day off duty
during the work cycle, then such employee shall be advised by the
employer at least four weeks in advance of the day to be taken off
duty provided that a lesser period of notice may be agreed by the
employer and the majority of employees in the plant or section or
sections concerned.
(f) (i) An employer, with the agreement of the majority of employees
concerned, may substitute the day an employee is to take off in
accordance with placitum (iii) and (iv) of subclause (3) hereof, for
another day in the case of a breakdown in machinery or a failure or
shortage of electric power or to meet the requirements of the business
in the event of rush orders or some other emergency situation.
(ii) An employer and employee may by agreement substitute the day
the employee is to take off for another day.
(g) Flexibility in relation to rostered days off.
Notwithstanding any other provision in this clause, where the hours
of work of an establishment, plant or section are organised in
accordance with sub-paragraphs (iii) and (iv) of paragraph (a) of
this subclause an employer, the union or unions concerned and the
majority of employees in the establishment, plant, section or
sections concerned may agree to accrue up to a maximum of five (5)
rostered days off in special circumstances such as where there are
regular and substantial fluctuations in production requirements in
any year.
Where such agreement has been reached the accrued rostered days off
must be taken within 12 months from the date of agreement and each
12 months thereafter.
It is understood between the parties that the involvement of the
union or unions concerned would be necessary in cases where it or
they have members in the plants concerned and not in non-union
establishments.
(4) (a) Procedures shall be established for in-plant discussions, the
objective being to agree on the method of implementing a 38-hour week in
accordance with Clause 13. - Hours and shall entail an objective review of
current practices to establish where improvements can be made and
implemented.
(b) The procedures should allow for in-plant discussions to continue
even though all matters may not be resolved by May 17, 1982.
(c) The procedures should make suggestions as to the recording of
understandings reached and methods of communicating agreements and
understandings to all employees, including the overcoming of language
difficulties.
(d) The procedures should allow for the monitoring of agreements and
understandings reached in-plant.
(e) In cases where agreement cannot be reached in-plant in the first
instance or where problems arise after initial agreements or
understandings have been achieved in-plant, a formal monitoring
procedure shall apply. The basic steps in this procedure shall be as
applies with respect to special, anomalous or extraordinary problems
as prescribed in paragraph (c) of subclause (3) of this clause.
14. - OVERTIME
(1) (a) The provisions of this subclause apply to all employees other than
those engaged on continuous shift work.
(b) Subject to the provisions of this subclause, all work done beyond
the ordinary working hours 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.
For the purposes of this subclause, ordinary hours shall mean the
hours of work fixed in an establishment in accordance with Clause
13. - Hours.
(c) (i) Work done on Saturdays after 12.00 noon or on Sundays shall be
paid for at the rate of double time.
(ii) Work done on any day prescribed as a holiday under this award
shall be paid for at the rate of double time and a half.
(d) Work done on Saturdays prior to 12.00 noon shall be paid for at the
rate of time and one half for the first two hours and double time
thereafter but this paragraph does not apply in a case to which
paragraphs (d) or (h) of subclause (1) of Clause 13. - Hours applies.
(e) In computing overtime each day shall stand alone but when an
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 for the purposes of this subclause.
(2) (a) The provisions of this subclause apply only to employees engaged on
continuous shift work.
(b) Subject to the provisions of paragraph (c) of this subclause all
time worked in excess of or outside the ordinary working hours, or on
a shift other than a rostered shift, shall be paid for at the rate of
double time, except where an employee is called upon to work a sixth
shift in not more than one week in any four weeks, when the employee
shall be paid for such shift at time and a half for the first four
hours and double time thereafter.
For the purposes of this subclause, ordinary hours shall mean the
hours of work fixed in an establishment in accordance with
subclauses (3) and (4) of Clause 13. - Hours.
(c) Time worked in excess of the ordinary working hours shall be paid
for at ordinary rates -
(i) if it is due to private arrangements between the employees
themselves; or
(ii) if it does not exceed two hours and is due to a relieving
employee not coming on duty at the proper time; or
(iii) if it is for the purpose of effecting the customary rotation
of shifts.
(3) (a) The provisions of this subclause apply to all employees.
(b) Except in the case of shifts to which Clause 4. - Shift Work in
PART II - CONSTRUCTION WORK of this award applies overtime on shift
work shall be based on the rate payable for shift work.
(c) (i) When overtime work is necessary it shall, wherever reasonably
practicable, be so arranged that an employee has at least ten
consecutive hours off duty between the work of successive days.
(ii) An employee (other than a casual employee) who works so much
overtime between the termination of the employee's ordinary work
on one day and the commencement of the employee's ordinary work on
the next day that the employee has not had at least ten
consecutive hours off duty between those times shall, subject to
this paragraph, be released after completion of such overtime
until the employee has had ten consecutive hours off duty without
loss of pay for ordinary working time occurring during such
absence.
(iii) If, on instructions of the employer, such an employee resumes
or continues work without having had such ten consecutive hours
off duty, the employee shall be paid at double rates until
released from duty and shall then be entitled to be absent for
such period of ten consecutive hours off duty without loss of pay
for ordinary working time occurring during such absence.
(iv) Where an employee (other than a casual employee or an employee
engaged on continuous shift work) is called into work on a Sunday
or holiday prescribed under this award preceding an ordinary
working day, the employee shall, wherever reasonably practicable,
be given ten consecutive hours off duty before the employee's
usual starting time on the next day. If this is not practicable,
then the provisions of sub-paragraphs (ii) and (iii) of this
paragraph shall apply mutatis mutandis.
(v) The provisions of this paragraph shall apply in the case of
shift employees who rotate from one shift to another, as if eight
hours were substituted for ten hours when overtime is worked -
(aa) for the purpose of changing shift rosters; or
(bb) where a shift employee does not report for duty; or
(cc) where a shift is worked by arrangement between the
employees themselves.
(vi) Overtime worked as a result of a recall shall not be regarded
as overtime for the purpose of this paragraph when the actual time
worked is less than three hours on such recall or on each of such
recalls.
(d) When an employee is recalled to work after leaving the job:
(i) the employee shall be paid for at least three hours at overtime
rates;
(ii) time reasonably spent in getting to and from work shall be
counted as time worked.
(e) When an employee is instructed by the employer to hold in readiness
at the employee's place of residence or other agreed place of
residence for a call to work after ordinary hours, the employee shall
be paid at ordinary rates for the time the employee so holds in
readiness.
(f) Subject to the provisions of paragraph (g) of this subclause, an
employee required to work overtime for more than two hours shall be
supplied with a meal by the employer or be paid *$9.70* for a meal
and, if owing to the amount of overtime worked a second or subsequent
meal is required, the employee shall be supplied with each such meal
by the employer or be paid *$6.60 *for each meal so required.
(g) The provisions of paragraph (f) of this subclause do not apply:
(i) in respect of any period of overtime for which the employee has
been notified of the requirement on the previous day or earlier.
(ii) to any employee who lives in the locality in which the place
of work is situated in respect of any meal for which the employee
can reasonably go home.
(h) If an employee to whom sub-paragraph (i) of paragraph (g) of this
subclause applies has, as a consequence of the notification referred
to in that paragraph, provided a meal or meals and is not required to
work overtime or is required to work less overtime than the period
notified, the employee shall be paid, for each meal provided and not
required, the appropriate amount prescribed in paragraph (f) of this
subclause.
(i) (i) An employer may require any employee to work reasonable
overtime at overtime rates and such employee shall work overtime in
accordance with such requirements.
The assignment of overtime by an employer to an employee shall
be based on specific work requirements and the practice of one
in, all in overtime shall not apply.
(ii) No union or association party to this award, or employee or
employees covered by this award, shall in any way, whether
directly or indirectly, be a party to or concerned in any ban,
limitation, or restriction upon the working of overtime in
accordance with the requirements of this subclause.
(4) The provisions of this clause do not operate so as to require payment
of more than double time rates, or double time and a half on a holiday
prescribed under this award, for any work except and to the extent that
the provisions of Clause 18. - Special Rates and Provisions of this award
apply to that work.
15. - SHIFT WORK
(1) The provisions of this clause apply to shift work whether continuous or
otherwise.
(2) An employer may work the establishment on shifts but before doing so
shall give notice of the intention to the union or unions concerned and of
the intended starting and finishing times of ordinary working hours of the
respective shifts.
(3) (a) Where any particular process is carried out on shifts other than
day shift, and less than five consecutive afternoon or five consecutive
night shifts are worked on that process, then employees employed on such
afternoon or night shifts shall be paid at overtime rates.
Provided that where the ordinary hours of work normally worked in
an establishment are worked on less than five days then the
provision of paragraph (a) shall be as if that number of
consecutive shifts were substituted for five consecutive shifts.
(b) The sequence of work shall not be deemed to be broken under the
preceding paragraph by reason of the fact that work on the process is
not carried out on a Saturday or Sunday or any other day that the
employer observes a shut down for the purpose of allowing a 38 hour
week or on any holiday.
(4) Where a shift commences at or after 11.00pm on any day, the whole of
that shift shall be deemed, for the purposes of this award, to have been
worked on the following day.
(5) A shift employee when on afternoon or night shift shall be paid, for
such fifteen per cent more than the employee's ordinary rate prescribed by
this award.
(6) (a) All work performed on a rostered shift, when the major portion of
such shift falls on a Saturday, Sunday or a holiday, shall be paid for as
follows -
Saturday - at the rate of time and one half.
Sunday at the rate of time and three quarters.
Holidays - at the rate of double time.
(b) These rates shall be paid in lieu of the shift allowances
prescribed in subclause (5) of this clause.
(7) A continuous shift employee who is not required to work on a holiday
which falls on the employee's rostered day off shall be allowed a day's
leave with pay to be added to annual leave or taken at some other time if
the employee so agrees.
16. - PAYMENT OF WAGES
(1) Each employee shall be paid the appropriate rate shown in Clause 31. -
Wages and Supplementary Payments of Part I - General or Clause 10. - Wages
of Part II - Construction Work of this award. Subject to subclause (2) of
this clause payment shall be pro rata where less than the full week is
worked.
(2) From the date that a 38-hour week system is implemented by an employer
wages shall be paid as follows:-
(a) Actual 38 ordinary hours
In the case of an employee whose ordinary hours of work are
arranged in accordance with placitum (i) or (ii) of paragraph (a)
of subclause (3) of Clause 13. - Hours of this award so that the
employee works 38 ordinary hours each week, wages shall be paid
weekly or fornightly according to the actual ordinary hours worked
each week or fornight.
(b) Average of 38 ordinary hours
Subject to subclauses (3) and (4) hereof, in the case of an
employee whose ordinary hours of work are arranged in accordance
with placitum (iii) or (iv) of paragraph (a) of subclause (3) of
Clause 13. - Hours of this award, so that the employee works an
average of 38 ordinary hours each week during a particular work
cycle, wages shall be paid weekly or fortnightly according to a
weekly average of ordinary hours worked even though more or less
than 38 ordinary hours may be worked in any particular week of the
work cycle.
SPECIAL NOTE - Explanation of Averaging System
As provided in paragraph (b) of this subclause an employee whose
ordinary hours may be more or less than 38 in any particular week
of a work cycle, is to be paid the wage on the basis of an average
of 38 ordinary hours so as to avoid fluctuating wage payments each
week. An explanation of the averaging system of paying wages is
set out below:
(i) Clause 13. - Hours in subclause (3) of paragraph (a)
sub-paragraphs (iii) and (iv) provides that in implementing a
38-hour week the ordinary hours of an employee may be arranged so
that the employee is entitled to a day off, on a fixed day or
rostered day basis, during each work cycle. It is in these
circumstances that the averaging system would apply.
(ii) If the 38 hour week is to be implemented so as to give an
employee a day off in each work cycle this would be achieved if,
during a work cycle of 28 consecutive days (that is, over four
consecutive weeks) the employee's ordinary hours were arranged on
the basis that for three of the four weeks the employee worked 40
ordinary hours each week and in the fourth week worked 32 ordinary
hours. That is, the employee would work for 8 ordinary hours each
day, Monday to Friday inclusive for three weeks and 8 ordinary
hours on four days only in the fourth week - a total of 19 days
during the work cycle.
(iii) In such a case the averaging system applies and the weekly
wage rates for ordinary hours of work applicable to the employee
shall be the average weekly wage rates set out for the employee's
classification in Clause 31. - Wages and Supplementary Payments of
PART I - GENERAL or Clause 10. - Wages of PART II - CONSTRUCTION
WORK of this award, and shall be paid each week even though more
or less than 38 ordinary hours are worked that week.
In effect, under the averaging system, the employee accrues a
credit each day the employee works actual ordinary hours in
excess of the daily average which would otherwise be 7 hours
36 minutes. This credit is carried forward so that in the week
of the cycle that the employee works only four days, the
actual pay would be for an average of 38 ordinary hours even
though, that week, the employee works a total of 32 ordinary
hours.
Consequently, for each day an employee works 8 ordinary hours
the employee accrues a credit of 24 minutes (0.4 hours). The
maximum credit the employee may accrue under this system is
0.4 hours on 19 days; that is, a total of 7 hours 36 minutes.
(iv) As provided in subclause (3) of this clause, an employee will
not accrue a credit for each day the employee is absent from duty
other than on annual leave, long service leave, holidays
prescribed under this award, paid sick leave, workers'
compensation or bereavement leave.
(3) Absences from Duty
(a) An employee whose ordinary hours are arranged in accordance with
placitum (iii) or (iv) of paragraph (a) of subclause (3) of Clause 13.
- Hours of this award and who is paid wages in accordance with
paragraph (a) of subclause (2) hereof and is absent from duty (other
than on annual leave, long service leave, holidays prescribed under
this award, paid sick leave, workers' compensation or bereavement
leave) shall, for each day the employee is so absent, lose average pay
for that day calculated by dividing the employee's average weekly wage
rate by 5.
An employee who is so absent from duty for part of a day shall lose
average pay for each hour the employee is absent by dividing the
employee's average daily pay rate by 8.
(b) Provided when such an employee is absent from duty for a whole day
the employee will not accrue a credit because the employee would not
have worked ordinary hours that day in excess of 7 hours 36 minutes
for which the employee would otherwise have been paid. Consequently,
during the week of the work cycle the employee is to work less than 38
ordinary hours the employee will not be entitled to average pay for
that week. In that week, the average pay will be reduced by the amount
of the credit the the employee does not accrue for each whole day
during the work cycle the employee is absent.
The amount by which an employee's average weekly pay will be
reduced when the employee is absent from duty (other than on
annual leave, long service leave, holidays prescribed under this
award, paid sick leave, workers' compensation or bereavement
leave) is to be calculated as follows:
+--------------------------+---+-------------------+
|Total of credits not |x |average weekly pay |
|accrued during cycle | | |
+--------------------------+---+-------------------+
| | |38 |
+--------------------------+---+-------------------+
Examples
+---+----------------------------+---------------------------------------+
| |
|
+---+----------------------------+---------------------------------------+
|1 |Employee takes on day off without authorization in first week
of |
| |cycle
|
+---+----------------------------+---------------------------------------+
| |Week of Cycle |Payment
|
+---+----------------------------+---------------------------------------+
| |1st week |= average weekly pay less one
day's pay|
| | |(ie. 1/5th)
|
+---+----------------------------+---------------------------------------+
| |2nd & 3rd weeks |= average weekly pay each week
|
+---+----------------------------+---------------------------------------+
| |4th Week |= average pay l ess credit not
accrued |
| | |on day of absence
|
+---+----------------------------+---------------------------------------+
| | |= average pay less 0.4 hours x
(average|
| | |weekly pay / 38)
|
+---+----------------------------+---------------------------------------+
| |
|
+---+----------------------------+---------------------------------------+
|2. |Employee takes each of the 4 days off without authorization
in the |
| |4th week.
|
+---+----------------------------+---------------------------------------+
| |Week of Cycle |Payment
|
+---+----------------------------+---------------------------------------+
| |1st, 2nd & 3rd weeks |= average pay each week
|
+---+----------------------------+---------------------------------------+
| |4th week |= average pay less 4/5ths of
average |
| | |pay for the four days absent
less total|
| | |of credits not accrued that week
|
+---+----------------------------+---------------------------------------+
| | |= 1/5th average pay less 4 x 0.4
hours |
| | |x (average weekly pay / 38)
|
+---+----------------------------+---------------------------------------+
| | |= 1/5th average pay less 1.6
hours x |
| | |(average weekly pay / 38)
|
+---+----------------------------+---------------------------------------+
(4) Alternative Method of Payment
An alternative method of paying wages to that prescribed by subclauses
(2) and (3) of this clause may be agreed between the employer and the
majority of the employees concerned.
(5) Day Off Coinciding with Pay Day
In the event that an employee, by virtue of the arrangement of the
employee's ordinary working hours, is to take a day off duty on a day
which coincides with pay day, such employee shall be paid no later
than the working day immediately following pay day. Provided that,
where the employer is able to make suitable arrangements, wages may be
paid on the working day preceding pay day.
(6) Payment by cheque or electronic fund transfer
Where an employee and the employer agree, the employee's wages may be
paid by cheque or direct transfer into the employee's bank (or other
recognised financial institution) account. Notwithstanding this
provision, if the employer and the majority of employees agree, all
employees may be paid their wages by cheque or direct transfer into an
employee's bank (or other recognised financial institution) account.
(7) Termination of Employment
An employee who lawfully leaves the employment or is dismissed for
reasons other than misconduct shall be paid all monies due at the
termination of service with the employer.
Provided that in the case of an employee whose ordinary hours are
arranged in accordance with sub-paragraphs (iii) or (iv) of paragraph
(a) of subclause (3) of Clause 13. - Hours of this award and who is
paid average pay and who has not taken the day off due to the employee
during the work cycle in which the employment is terminated, the wages
due to that employee shall include a total of credits accrued during
the work cycle as detailed in the Special Note following paragraph (b)
of subclause (2) of this clause.
Provided further, where the employee has taken a day off during the
work cycle in which the employment is terminated, the wages due to
that employee shall be reduced by the total of credits which have not
accrued during the work cycle.
(8) Details of Payments to be given
Where an employee requests the employer to state in writing with
respect to each week's wages the amount of wages to which the employee
is entitled, the amount of deductions made therefrom, the net amount
being paid, and the number of hours worked, the employer shall do so
not less than two hours before the employee is paid.
(9) Calculation of Hourly Rate
Except as provided in subclause (3) of this clause the ordinary rate
per hour shall be calculated by dividing the appropriate weekly rate
by 38.
17. - TIME AND WAGES RECORD
(1) Each employer shall keep a time and wages book showing the name of each
employee, the nature of the employee's work, the hours worked each day,
and the wages and allowances paid each week. Any system of automatic
recording by means of machines shall be deemed to comply with this
provision to the extent of the information recorded.
(2) The time and wages record shall be open for inspection by a duly
accredited official of the union during the usual office hours, at the
employer's office or other convenient place, and the official shall be
allowed to take extracts therefrom. The employer's works shall be deemed
to be a convenient place for the purpose of this subclause but if for any
reason the record be not available at the works when the official calls to
inspect it, it shall be made available for inspection within 24 hours,
either at the employer's office or at the works.
Before exercising a power of inspection the representative shall give
notice of not less than 24 hours to the employer.
Provided that nothing in this subclause shall empower a duly accredited
official of the union to enter any part of the premises of the
employer, pursuant to this subclause, unless the employer is the
employer or former employer of a member of the Union.
18. - SPECIAL RATES AND PROVISIONS
(1) Height Money: An employee shall be paid an allowance of $2.15 for each
day on which the employee works at a height of 15.5 metres or more above
the nearest horizontal plane, but this provision does not apply to
linesmen nor to riggers and splicers on ships and buildings.
(2) Dirt Money: An employee shall be paid an allowance of 45 cents per hour
when engaged on work of an unusually dirty nature where clothes are
necessarily unduly soiled or damaged or boots are unduly damaged by the
nature of the work done.
(3) Grain Dust: Where any dispute arises at a bulk grain handling
installation due to the presence of grain dust in the atmosphere and the
Board of Reference determines that employees employed under this Award are
unduly affected by that dust, the Board may, subject to such conditions as
it deems fit to impose, fix an allowance or allowances not exceeding *76*
cents per hour.
(4) Confined Space: An employee shall be paid an allowance of 54 cents per
hour when, because of the dimensions of the compartment or space in which
the employee is working, the employee is required to work in a stooped or
otherwise cramped position, or without proper ventilation.
(5) Diesel Engine Ships: The provisions of subclauses (2) and (4) hereof do
not apply to an employee when the employee is engaged on work below the
floor plates in diesel engine ships, but the employee shall be paid an
allowance of 76 cents per hour whilst so engaged.
(6) *Boiler Work: *An employee required to work in a boiler which has not
been cooled down shall be paid at the rate of time and one-half for each
hour or part of an hour so worked in addition to any allowance to which
the employee may be entitled under subclauses (2) and (4) of this clause.
(7) Hot Work: An employee shall be paid an allowance of 45 cents per hour
when the employee works in the shade in any place where the temperature is
raised by artificial means to between 46.1 and 54.4 Celsius.
(8) (a) Where, in the opinion of the Board of Reference, the conditions
under which work is to be performed are, by reason of excessive heat,
exceptionally oppressive, the Board may -
(i) Fix an allowance, or allowances, not exceeding the equivalent
of half the ordinary rate;
(ii) Fix the period (including a minimum period) during which any
allowance so fixed is to be paid; and
(iii) Prescribed such other conditions, relating to the provision
of protective clothing or equipment and the granting of rest
periods, as the Board sees fit.
(b) The provisions of paragraph (a) of this subclause do not apply
unless the temperature in the shade at the place of work has been
raised by artificial means beyond 54.4 degrees Celsius.
(c) An allowance fixed pursuant to paragraph (a) of this subclause
includes any other allowance which would otherwise be payable under
this clause.
(9) Tarring Pipes: The provisions of subclauses (2) and (4) hereof do not
apply to an employee engaged in tarring pipes in the Cast Pipe Section but
the employee shall, in lieu thereof, be paid an allowance of 70 cents per
day whilst so engaged.
(10) Percussion Tools: An employee shall be paid an allowance of 26 cents
per hour when working a pneumatic rivetter of the percussion type and
other pneumatic tools of the percussion type.
(11) Chemical, Artificial Manure and Cement Works: An employee, other than
a general labourer, in chemical, artificial manure and cement works, in
respect of all work done in and around the plant outside the machine shop,
shall be paid an allowance calculated at the rate of $11.20 per week. The
allowance shall be paid during overtime but shall not be subject to
penalty additions. An employee receiving this allowance is not entitled to
any other allowance under this Clause.
(12) Abattoirs and Tallow Rendering Works: An employee, employed in and
about an abattoir or in a rendering section of a tallow works, shall be
paid an allowance calculated at the rate of $14.80 per week. The allowance
shall be paid during overtime but shall not be subject to penalty
additions. An employee receiving this allowance is not entitled to receive
any other allowance under this Clause.
(13) An employee who is employed at a timber sawmill or is sent to work at
a timber sawmill shall be paid for the time there engaged a disability
allowance equivalent to what the majority of the employees at the mill
receive under the appropriate award. The allowance shall be paid during
overtime but shall not be subject to penalty additions. An employee
receiving this allowance is not entitled to receive any other allowance
under this clause with the exception of that prescribed in subclause (1),
Height Money.
(14) Phosphate Ships: An employee shall be paid an allowance of 65 cents
for each hour the employee works in the holds or 'tween decks of ships
which, immediately prior to such work, have carried phosphatic rock, but
this subclause only applies if and for as long as the holds and 'tween
decks are not cleaned down.
(15) An employee who is sent to work on any gold mine shall be paid an
allowance of such amount as will afford the employee a wage not less than
they would be entitled to receive pursuant to the award which would apply
if such employee was employed in the gold mine concerned.
(16) An employee who is required to work from a ladder shall be provided
with an assistant on the ground where it is reasonably necessary for the
employee's safety.
(17) The work of an electrical fitter shall not be tested by an employee of
a lower grade.
(18) *Special Rates Not Cumulative:* Where more than one of the
disabilities entitling an employee to extra rates exists on the same job,
the employer shall be bound to pay only one rate, namely - the highest for
the disabilities prevailing. Provided that this subclause shall not apply
to confined space, dirt money, height money, or hot work, the rates for
which are cumulative.
(19) Protective Equipment:
(a) An employer shall have available a sufficient supply of protective
equipment (as, for example, goggles (including anti-flash goggles),
glasses, gloves, mitts, aprons, sleeves, leggings, gumboots, ear
protectors, helmets, or other efficient substitutes thereof) for use
by employees when engaged on work for which some protective equipment
is reasonably necessary.
(b) An employee shall sign an acknowledgement when issued with any
article of protective equipment and shall return that article to the
employer when finished using it or on leaving employment.
(c) An employee to whom an article of protective equipment has been
issued shall not lend that article to another employee and if the
employee does both employees shall be deemed guilty of wilful
misconduct.
(d) An article of protective equipment which has been used by an
employee shall not be issued by the employer to another employee until
it has been effectively sterilised but this paragraph only applies
where sterilisation of the article is practicable and is reasonably
necessary.
(e) Adequate safety gear (including insulating gloves, mats and/or
shields where necessary) shall be provided by employers for employees
required to work on live electrical equipment.
(20) (a) Subject to the provisions of this Clause, an employee whilst
employed on foundry work shall be paid a disability allowance of 32 cents
for each hour worked to compensate for all disagreeable features
associated with foundry work including heat, fumes, atmospheric
conditions, sparks, dampness, confined spaces, and noise.
(b) The foundry allowance herein prescribed shall also apply to
apprentices and unapprenticed juniors employed in foundries; provided
that where an apprentice is, for a period of half a day or longer,
away from the foundry for the purpose of receiving tuition, the amount
of foundry allowance paid to the employee shall be decreased
proportionately.
(c) The foundry allowance herein prescribed shall be in lieu of any
payment otherwise due under this Clause and does not in any way limit
an employer's obligations to comply with all relevant requirements of
Acts and Regulations relative to conditions in foundries.
(d) For the purpose of this subclause 'foundry work' shall mean -
(i) Any operation in the production of castings by casting metal in
moulds made of sand, loam, metal, moulding composition or other
material or mixture of materials, or by shell moulding,
centrifugal casting or continuous casting; and
(ii) Where carried on as an incidental process in connection with
and in the course of production to which paragraph (i) of this
definition applies, the preparation of moulds and cores (but not
in the making of patterns and dies in a separate room), knock out
processes and dressing operations, but shall not include any
operation performed in connection with -
(aa) Non-ferous die casting (including gravity and pressure);
(bb) Casting of billets and/or ingots in metal moulds;
(cc) Continuous casting of metal into billets;
(dd) Melting of metal for use in printing;
(ee) Refining of metal.
(21) An employee, holding either a Third Year First Aid Medallion of the
St. John Ambulance Association or a C Standard Senior First Aid
Certificate of the Australian Red Cross Society, appointed by the employer
to perform first aid duties, shall be paid $8.80 per week in addition to
the employee's ordinary rate.
(22) An electronics tradesperson, an electrician - special class, an
electrical fitter and/or armature winder or an electrical installer who
holds and, in the course of employment may be required to use, a current A
Grade or B Grade licence issued pursuant to the relevant Regulation in
force on the 28th day of February, 1978 under the Electricity Act 1945,
shall be paid an allowance of $18.30 per week.
19. - CAR ALLOWANCE
(1) Where an employee is required and authorised to use his own motor
vehicle in the course of the employee's duties the employee shall be paid
an allowance not less than that provided for in the table set out
hereunder. Notwithstanding anything contained in this subclause the
employer and the employee may make any other arrangement as to car
allowance not less favourable to the employee.
(2) Where an employee in the course of a journey travels through two or
more of the separate areas, payment at the rates prescribed herein shall
be made at the appropriate rate applicable to each of the separate areas
traversed.
(3) A year for the purpose of this Clause shall commence on the 1st day of
July and end on the 30th day of June next following.
RATES OF HIRE FOR USE OF EMPLOYEE'S OWN VEHICLE
ON EMPLOYER'S BUSINESS
MOTOR CAR
AREA AND DETAILS ENGINE DISPLACEMENT
(IN CUBIC CENTIMETRES)
RATE PER KILOMETRE (CENTS)
Distance Travelled Each Year Over Over 1600cc
on Employer's Business 2600cc 1600cc & Under
-2600cc
Metropolitan Area 70.7 63.3 55.1
South West Land Division 72.3 65.0 56.5
North of 23.5' South Latitude 79.5 71.7 62.3
Rest of the State 74.8 67.0 58.2
Motor Cycle (in all areas) 24.4 per kilometre
(4) Metropolitan Area means that area within a radius of fifty kilometres
from the Perth Railway Station.
South West Land Division means the South West Land Division as defined
by Section 28 of the Land Act 1933-1971 excluding the area contained
within the Metropolitan Area.
20. - 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 accustomed workshop or depot shall, at the
direction of the employer, present 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 the
employee's 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 employee's home and
the accustomed workshop or depot.
(c) An employee who with the approval of the employer uses a personal
means of transport for travelling to or from outside jobs shall be
paid the amount of excess fares and travelling time which the employee
would have incurred in using public transport unless the employee has
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, an employee shall be paid by the
employer at ordinary rates. The employer shall pay all fares and
reasonable expenses in connection with such travelling.
21. - DISTANT WORK
(1) Where an employee is directed by the employer to proceed to work at
such a distance that the employee cannot return 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.
(2) The provisions of subclause (1) of this clause do not apply with
respect to any period during which the employee is absent from work
without reasonable excuse and in such a case, where the board and lodging
is supplied by the employer, the employer may deduct from moneys 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.
(3) (a) The employer shall pay all reasonable expenses including fares,
transport of tools, meals and, if necessary, suitable overnight
accommodation incurred by an employee who is directed by the employer to
proceed to work pursuant to subclause (1) of this clause and who complies
with such direction.
(b) The employee shall be paid at ordinary rate of pay for the time up
to a maximum of eight hours in any one day incurred in travelling
pursuant to the employer's direction.
(4) An employee, to whom the provisions of subclause (1) of this Clause
apply, shall be paid an allowance of $29.90 for any weekend that the
employee returns home from the job, but only if -
(a) The employee advises the employer or the employer's agent of such
intention not later than Tuesday immediately preceding the weekend in
which the employee so returns;
(b) The employee is not required for work during that weekend;
(c) The employee returns to the job on the first working day following
the weekend; and
(d) The employer does not provide, or offer to provide, suitable
transport.
(5) Where an employee, supplied with board and lodging by the employer, is
required to live more than 800 metres from the job the employee shall be
provided with suitable transport to and from that job or be paid an
allowance of $13.20 per day, provided that where the time actually spent
in travelling either to or from the job exceeds 20 minutes, that excess
time shall be paid for at ordinary rates whether or not suitable transport
is supplied by the employer.
22. - LOCATION ALLOWANCES
(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 |$17.30 |
+---------------------------------+---------+
|Argyle |$45.60 |
+---------------------------------+---------+
|Balladonia |$17.40 |
+---------------------------------+---------+
|Barrow Island |$29.70 |
+---------------------------------+---------+
|Boulder |$7.20 |
+---------------------------------+---------+
|Broome |$27.70 |
+---------------------------------+---------+
|Bullfinch |$8.20 |
+---------------------------------+---------+
|Carnarvon |$14.20 |
+---------------------------------+---------+
|Cockatoo Island |$30.40 |
+---------------------------------+---------+
|Coolgardie |$7.20 |
+---------------------------------+---------+
|Cue |$17.70 |
+---------------------------------+---------+
|Dampier |$24.00 |
+---------------------------------+---------+
|Denham |$14.20 |
+---------------------------------+---------+
|Derby |$28.80 |
+---------------------------------+---------+
|Esperance |$5.20 |
+---------------------------------+---------+
|Eucla |$19.40 |
+---------------------------------+---------+
|Exmouth |$25.00 |
+---------------------------------+---------+
|Fitzroy Crossing |$34.80 |
+---------------------------------+---------+
|Goldsworthy |$15.40 |
+---------------------------------+---------+
|Halls Creek |$39.90 |
+---------------------------------+---------+
|Kalbarri |$6.00 |
+---------------------------------+---------+
|Kalgoorlie |$7.20 |
+---------------------------------+---------+
|Kambalda |$7.20 |
+---------------------------------+---------+
|Karratha |$28.60 |
+---------------------------------+---------+
|Koolan Island |$30.40 |
+---------------------------------+---------+
|Koolyanobbing |$8.20 |
+---------------------------------+---------+
|Kununurra |$45.60 |
+---------------------------------+---------+
|Laverton |$17.60 |
+---------------------------------+---------+
|Learmonth |$25.00 |
+---------------------------------+---------+
|Leinster |$17.30 |
+---------------------------------+---------+
|Leonora |$17.60 |
+---------------------------------+---------+
|Madura |$18.40 |
+---------------------------------+---------+
|Marble Bar |$43.80 |
+---------------------------------+---------+
|Meekatharra |$15.20 |
+---------------------------------+---------+
|Mount Magnet |$19.00 |
+---------------------------------+---------+
|Mundrabilla |$18.90 |
+---------------------------------+---------+
|Newman |$16.60 |
+---------------------------------+---------+
|Norseman |$14.90 |
+---------------------------------+---------+
|Nullagine |$43.70 |
+---------------------------------+---------+
|Onslow |$29.70 |
+---------------------------------+---------+
|Pannawonica |$22.40 |
+---------------------------------+---------+
|Paraburdoo |$22.30 |
+---------------------------------+---------+
|Port Hedland |$23.90 |
+---------------------------------+---------+
|Ravensthorpe |$9.20 |
+---------------------------------+---------+
|Roebourne |$32.90 |
+---------------------------------+---------+
|Sandstone |$17.30 |
+---------------------------------+---------+
|Shark Bay |$14.20 |
+---------------------------------+---------+
|Shay Gap |$15.40 |
+---------------------------------+---------+
|Southern Cross |$8.20 |
+---------------------------------+---------+
|Telfer |$40.50 |
+---------------------------------+---------+
|Teutonic Bore |$17.30 |
+---------------------------------+---------+
|Tom Price |$22.30 |
+---------------------------------+---------+
|Whim Creek |$28.40 |
+---------------------------------+---------+
|Wickham |$27.60 |
+---------------------------------+---------+
|Wiluna |$17.60 |
+---------------------------------+---------+
|Wittenoom |$38.70 |
+---------------------------------+---------+
|Wyndham |$42.90 |
+---------------------------------+---------+
(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 the Trades and Labor Council of Western Australia 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.
23. - HOLIDAYS AND ANNUAL LEAVE
(1) (a) The following days or the days observed in lieu shall, subject to
this subclause and to paragraph (c) of subclause (1) of Clause 14. -
Overtime of this award, be allowed as holidays without deduction of pay,
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 any of the days named in this
subclause.
Provided further that for an employee employed north of the 26th
parallel of south latitude or within the area previously covered
by Award No. 26 of 1950, Australia Day, Easter Monday, Foundation
Day, Sovereign's Birthday and Boxing Day shall not be holidays but
in lieu thereof there shall be added one week to the annual leave
to which the employee is entitled under this clause.
(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