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 on a Sunday or on a Monday
the holiday shall be observed on the next succeeding Tuesday. In each
case the substituted day shall be a holiday without deduction of pay
and the day for which it is substituted shall not be a holiday.
(2) On any public holiday not prescribed as a holiday under this award, the
employer's establishment or place of business may be closed, in which case
an employee need not present for duty and payment may be deducted, but if
work be done, ordinary rates of pay shall apply.
(3) (a) Except as hereinafter provided a period of four consecutive weeks
leave with payment as prescribed in paragraph (b) hereof shall be allowed
annually to an employee by the employer after a period of twelve months
continuous service with that employer.
(b) (i) An employee before going on leave shall be paid the wages the
employee would have received in respect of the ordinary time the
employee would have worked had the employee not been on leave during
the relevant period.
(ii) Subject to paragraph (c) hereof an employee shall, where
applicable, have the amount of wages to be received for annual
leave calculated by including the following where applicable.
(aa) The rate applicable to the employee as prescribed in
Clause 31. - Wages and Supplementary Payments of Part I -
General or Clause 10. - Wages of Part II - Construction Work
of this award and the rates prescribed by subclauses (11),
(12) and (13) of Clause 18. - Special Rates and Provisions and
Clause 22. - Location Allowances of this award and;
(bb) Subject to paragraph (c) (ii) hereof the rate prescribed
for work in ordinary time by Clause 15. - Shift Work of the
award according to the employee's roster or projected roster
including Saturday and Sunday shifts;
(cc) The rate payable pursuant to Clause 7. - Higher Duties
calculated on a daily basis, which the employee would have
received for ordinary time during the relevant period whether
on a shift roster or otherwise;
(dd) Any other rate to which the employee is entitled in
accordance with the contract of employment for ordinary hours
of work; provided that this provision shall not operate so as
to include any payment which is of a similar nature to or is
paid for the same reasons as or is paid in lieu of those
payments prescribed by Clause 14. - Overtime, Clause 18. -
Special Rates and Provisions (Clause 5. - Special Rates and
Provisions in PART II CONSTRUCTION WORK), Clause 19. - Car
Allowance, Clause 20. - Fares and Travelling Time (Clause 6. -
Allowance for Travelling and Employment in Construction Work
in PART II - CONSTRUCTION WORK) or Clause 21. - Distant Work
(Clause 7. - Distant Work in PART II - CONSTRUCTION WORK) of
this award, nor any payment which might have become payable to
the employee as reimbursement for expenses incurred.
(c) In addition to the payment prescribed in paragraph (b) hereof, an
employee shall receive a loading calculated on the rate of wage
prescribed by that paragraph. This loading shall be as follows -
(i) Day Employees - An employee who would have worked on day work
had the employee not been on leave - a loading on 17%.
(ii) Shift Employees - An employee who would have worked on shift
work had the employee not been on leave a loading of 17%. Provided
that where the employee would have received shift loadings
prescribed by Clause 15. - Shift Work and, if applicable, payment
for work on a regularly rostered sixth shift in not more than one
week in any four weeks had the employee not been on leave during
the relevant period and such loadings would have entitled the
employee to a greater amount than the loading of 17%, then the
shift loadings and, if applicable, the payment for the said
regularly rostered sixth shift shall be added to the rate of wage
prescribed by paragraph (b) (ii) (aa) hereof in lieu of the 17%
loading.
Provided further, that if the shift loadings and, if
applicable, the payment for the said regularly rostered sixth
shift would have entitled the employee to a lesser amount than
the loading of 17%, then such loading of 17% shall be added to
the rate of wage prescribed by paragraph (b) but not including
paragraph (b)(ii)(bb) hereof in lieu of the shift loadings and
the said payment.
(iii) Where annual leave is taken in accordance with paragraph (b)
of subclause (10) of this clause, the loading referred to in this
subclause shall be paid regardless of length of service.
Except as prescribed in subclause (6) of this clause and Clause
8. - Annual Leave Loading of Part II - Construction Work of
this Award, the loading prescribed by this paragraph shall not
apply to proportionate leave on termination.
(4) (a) A seven day shift employee, i.e. a shift employee who is rostered
to work regularly on Sundays and holidays shall be allowed one week's
leave in addition to the leave to which the employee is otherwise entitled
under this clause.
(b) Where an employee with 12 months' continuous service is engaged for
part of a qualifying twelve-monthly period as a seven day shift
employee, the employee shall be entitled to have the period of annual
leave to which the employee is otherwise entitled under this clause
increased by one twelfth of a week for each completed month the
employee is continuously so engaged.
(5) If any award holiday falls within an employee's period of annual leave
and is observed on a day which in the case of that employee would have
been an ordinary working day there shall be added to that period one day
being an ordinary working day for each such holiday observed as aforesaid.
(6) (a) An employee whose employment terminates after the employee has
completed a twelve monthly qualifying period and who has not been allowed
the leave prescribed under this clause in respect of that qualifying
period shall be given payment as prescribed in paragraphs (b) and (c) of
subclause (3) of this clause in lieu of that leave or, in a case to which
subclauses (9), (10) or (11) of this clause applies, in lieu of so much of
that leave as has not been allowed unless -
(i) the employee has been justifiably dismissed for misconduct; and
(ii) the misconduct for which the employee has been dismissed
occurred prior to the completion of that qualifying period.
(b) If, after one month's continuous service in any qualifying twelve
monthly period an employee lawfully leaves the employment or the
employment is terminated by the employer through no fault of the
employee, the employee shall be paid 2.923 hours pay at the rate of
wage prescribed by paragraph (b) of subclause (3) of this clause,
divided by thirty-eight, in respect of each completed week of
continuous service.
(7) Any time in respect of which an employee is absent from work except
time for which the employee is entitled to claim sick pay or time spent on
holidays or annual leave as prescribed by this award shall not count for
the purpose of determining the employee's right to annual leave.
(8) In the event of an employee being employed by an employer for portion
only of a year, the employee shall only be entitled, subject to subclause
(6) of this clause, to such leave on full pay as is proportionate to the
employee's length of service during that period with such employer, and if
such leave is not equal to the leave given to the other employees the
employee shall not be entitled to work or pay whilst the other employees
of such employer are on leave on full pay.
(9) Annual leave shall be given and taken in one or two continuous periods.
If the annual leave is given in two continuous periods then one of those
two periods must be at least three consecutive weeks. Provided that if the
employer and an employee so agree then the employee's annual leave
entitlement may be given and taken in two separate periods, neither of
which is of at least three consecutive weeks, or in three separate periods.
Provided further that an employee may, with the consent of his/her
employer, take short term annual leave not exceeding five days in any
calendar year, at a time or times separate from any of the periods
determined in accordance with this subclause.
(10) Where an employer closes down the business, or a section or sections
thereof, for the purposes of allowing annual leave to all or the bulk of
the employees in the business, or section or sections concerned, the
following provisions shall apply:-
(a) The employer may by giving not less than one month's notice of the
intention so to do, stand off for the duration of the close down all
employees in the business or section or sections concerned.
(b) An employer may close down the business for one or two separate
periods for the purpose of granting annual leave in accordance with
this subclause. If the employer closes down the business in two
separate periods one of those periods shall be for a period of at
least three consecutive weeks. Provided that where the majority of the
employees in the business or section or sections concerned agree, the
employer may close down the business in accordance with this subclause
in two separate periods neither of which is of at least three
consecutive weeks, or in three separate periods. In such cases the
employer shall advise the employees concerned of the proposed date of
each close down before asking them for their agreement.
(11) (a) An employer may close down the business, or a section or sections
thereof, for a period of at least three consecutive weeks and grant the
balance of the annual leave due to an employee in one continuous period in
accordance with a roster. Provided that by agreement with the majority of
employees concerned, an employer may close down the plant for a period of
at least 14 consecutive days including non-working days and grant the
balance of the annual leave due to an employee by mutual arrangement.
(b) An employer may close down the business, or a section or sections
thereof for a period of less than three consecutive weeks and allow
the balance of the annual leave due to an employee in one or two
continuous periods, either of which may be in accordance with a
roster. In such a case the granting and taking of annual leave shall
be subject to the agreement of the employer and the majority of the
employees in the business, or a section or sections thereof
respectively and before asking the employees concerned for their
agreement, the employer shall advise them of the proposed date of the
close down or close downs and the details of the annual leave roster.
(12) The provisions of this clause shall not apply to casual employees.
24. - ABSENCE THROUGH SICKNESS
(1) (a) An employee who is unable to attend or remain at his place of
employment during the ordinary hours of work by reason of personal ill
health or injury shall be entitled to payment during such absence in
accordance with the provisions of this clause.
(i) Employee who actually works 38 ordinary hours each week
An employee whose ordinary hours of work are arranged in
accordance with sub-paragraph (i) or (ii) of paragraph (a) of
subclause (3) of Clause 13. - Hours so that the employee
actually works an average of 38 ordinary hours each week
during a particular work cycle shall be entitled to pay shall
be entitled to payment during such absence for the actual
ordinary hours absent.
(ii) Employee who works an average of 38 ordinary hours each week
An employee whose ordinary hours of work are arranged in
accordance with sub-paragraph (iii) or (iv) of paragraph (a)
of subclause (3) of Clause 13. - Hours so that the employee
works an average of 38 ordinary hours each week during a
particular work cycle shall be entitled to pay during such
absence calculated as follows:
+------------------------+----+------------------------+
|Duration of absence |x |Appropriate weekly rate |
+------------------------+----+------------------------+
|Ordinary hours normally | | 5 |
|worked that day | | |
+------------------------+----+------------------------+
An employee shall not be entitled to claim payment for personal
ill health or injury nor will the employee's sick leave
entitlement be reduced if such ill health or injury occurs on
the week day the employee is to take off duty in accordance
with sub-paragraph (iii) or (iv) of paragraph (a) of subclause
(3) of Clause 13. - Hours of this award.
(b) Notwithstanding the provisions of paragraph (a) of this subclause
an employer may adopt an alternative method of payment of sick leave
entitlements where the employer and the majority of the employees so
agree.
(c) Entitlement to payment shall accrue at the rate of one-sixth of a
week for each completed month of service with the employer.
(d) If in the first or successive years of service with the employer an
employee is absent on the ground of personal ill health or injury for
a period longer than the employee's entitlement to paid sick leave,
payment may be adjusted at the end of that year of service, or at the
time the employee's services terminate, if before the end of that year
of service, to the extent that the employee has become entitled to
further paid sick leave during that year of service.
(2) The unused portions of the entitlement to paid sick leave in any one
year shall accumulate from year to year and subject to this clause may be
claimed by the employee if the absence by reason of personal ill health or
injury exceeds the period for which entitlement has accrued during the
year at the time of the absence. Provided that an employee shall not be
entitled to claim payment for any period exceeding ten weeks in any one
year of service.
(3) To be entitled to payment in accordance with this clause the employee
shall as soon as reasonably practicable advise the employer of his
inability to attend for work, the nature of his illness or injury and the
estimated duration of the absence. Provided that such advice, other than
in extraordinary circumstances shall be given to the employer within 24
hours of the commencement of the absence.
(4) The provisions of this clause do not apply to an employee who fails to
produce a certificate from a medical practitioner dated at the time of the
absence or who fails to supply such other proof of the illness or injury
as the employer may reasonably require provided that the employee shall
not be required to produce a certificate from a medical practitioner with
respect to absences of two days or less unless after two such absences in
any year of service the employer requests in writing that the next and
subsequent absences in that year if any, shall be accompanied by such
certificate.
(5) (a) Subject to the provisions of this subclause, the provisions of this
clause apply to an employee who suffers personal ill health or injury
during the time when the employee is absent on annual leave and an
employee may apply for and the employer shall grant paid sick leave in
place of paid annual leave.
(b) Application for replacement shall be made within seven days of
resuming work and then only if the employee was confined to place of
residence or a hospital as a result of the employee personal ill
health or injury for a period of seven consecutive days or more and
the employee produces a certificate from a registered medical
practitioner that the employee was so confined. Provided that the
provisions of this paragraph do not relieve the employee of the
obligation to advise the employer in accordance with subclause (3) of
this clause if the employee is unable to attend for work on the
working day next following the employee annual leave.
(c) Replacement of paid annual leave by paid sick leave shall not
exceed the period of paid sick leave to which the employee was
entitled at the time the employee proceeded on annual leave and shall
not be made with respect to fractions of a day.
(d) Where paid sick leave has been granted by the employer in
accordance with paragraphs (a), (b) and (c) of this subclause, that
portion of the annual leave equivalent to the paid sick leave is
hereby replaced by the paid sick leave and the replaced annual leave
may be taken at another time mutually agreed to by the employer and
the employee or, failing agreement, shall be added to the employee's
next period of annual leave or, if termination occurs before then, be
paid for in accordance with the provisions of Clause 23. - Holidays
and Annual Leave.
(e) Payment for replaced annual leave shall be at the rate of wage
applicable at the time the leave is subsequently taken provided that
the annual leave loading prescribed in Clause 23. - Holidays and
Annual Leave shall be deemed to have been paid with respect to the
replaced annual leave.
(6) Where a business has been transmitted from one employer to another and
the employee's service has been deemed continuous in accordance with
subclause (3) of Clause 2 of the Long Service Leave provisions published
in Volume 66 of the Western Australian Industrial Gazette at pages 1-4,
the paid sick leave standing to the credit of the employee at the date of
transmission from service with the transmittor shall stand to the credit
of the employee at the commencement of service with the transmittee and
may be claimed in accordance with the provisions of this clause.
(7) The provisions of this clause with respect to payment do not apply to
employees who are entitled to payment under the Workers' Compensation Act
nor to employees whose injury or illness is the result of the employee's
own misconduct.
(8) The provisions of this clause do not apply to casual employees.
25. - LONG SERVICE LEAVE
The Long Service Leave provisions set out in Volume 66 of the Western
Australian Industrial Gazette at pages 1 to 4 both inclusive, are hereby
incorporated in and form part of this award.
26. - REPRESENTATIVE INTERVIEWING EMPLOYEES
Consistent with the terms of the Labour Relations Legislation Amendment Act
1997 and S.23(3)(c)(iii) of the Industrial Relations Act a representative
of the Union shall not exercise the rights under this clause with respect
to entering any part of the premises of the employer unless the employer
is the employer, or former employer of a member of the Union.
(1) For the purpose of interviewing employees on legitimate union business,
a duly accredited union representative shall have the right to enter
employers' premises during the midday meal break on the following
conditions:
(a) that he/she produces his/her authority to the gatekeeper or such
other person as may be appointed by the employer;
(b) that he/she interviews employees at places where they are taking
their meal or at such other place as is mutually agreed; and
(c) that if an employer alleges that a representative is unduly
interfering with his/her work or is creating dissatisfaction amongst
his/her employees or is offensive in his/her methods or is committing
a breach of any of the previous conditions, such employer may refuse
the right of entry but the representative shall have the right to
bring such refusal before a member of the Western Australian
Industrial Relations Commission.
Provided that where certain employees are working under a system of
shift work which precludes a representative from interviewing them
during the midday meal break the representative shall have the
right to enter the employer's premises for the purpose of
interviewing such employees at such time and under such conditions
as to notice as may be mutually arranged by the representative and
the employer, or failing agreement at such times and under such
conditions as a member of the Western Australian Industrial
Relations Commission may decide.
(2) In the case of a disagreement existing or anticipated concerning any of
the provisions of this award, an accredited representative of the Union,
on notifying the employer or the employer's representative, shall be
permitted to enter the business premises of the employer to view the work
the subject of any such disagreement but shall not interfere in any way
with the carrying out of such work.
27. - POSTING OF AWARD AND UNION NOTICES
The employer shall keep a copy of this award in a convenient place in the
workshop and the employer shall also provide a notice board for the
posting of union notices.
28. - BOARD OF REFERENCE
(1) There shall be a Board of Reference consisting of a chairman and an
equal number of employers' and employees' members who shall be appointed
pursuant to section 48 of the Industrial Relations Act 1979 and regulation
16 of the Industrial Commission Regulations 1980.
(2) The Board of Reference may allow, approve, fix, determine, or deal with
-
(a) any matter or thing that, under the award, may require to be
allowed, approved, fixed, determined or dealt with by a Board of
Reference; and
(b) any matter or thing arising under or out of the provisions of an
award, not involving the interpretation of any such provision, which
the Commission may at any time, by order, authorise a Board of
Reference to allow, approve, fix, determine or deal with,
in the manner and subject to the conditions specified in the award
or order, as the case may be.
29. - BEREAVEMENT LEAVE
(1) An employee, other than a casual employee, shall on the death within
Australia of a wife, husband, father, mother, brother, sister, child or
stepchild, be entitled on notice of leave up to and including the day of
the funeral of such relation and such leave shall be without deduction of
pay for a period not exceeding the number of hours worked by the employee
in two ordinary working days. Proof of such death shall be furnished by
the employee to the satisfaction of the employer.
(2) Payment in respect of compassionate leave is to be made only where the
employee otherwise would have been on duty and shall not be granted in any
case where the employee concerned would have been off duty in accordance
with any shift roster or on long service leave, annual leave, sick leave,
workers' compensation, leave without pay or on a Public holiday.
(3) For the purposes of this clause the pay of an employee employed on
shift work shall be deemed to include any usual shift allowance.
30. - MATERNITY LEAVE
(1) Eligibility for Maternity Leave
An employee who becomes pregnant shall, upon production to her employer
of a certificate from a duly qualified medical practitioner stating
the presumed date of her confinement, be entitled to maternity leave
provided that she has had not less than 12 months' continuous service
with that employer immediately preceding the date upon which she
proceeds upon such leave.
For the purposes of this clause:
(a) An employee shall include a part-time employee but shall not
include an employee engaged upon casual or seasonal work.
(b) Maternity leave shall mean unpaid maternity leave.
(2) Period of Leave and Commencement of Leave
(a) Subject to subclauses (3) and (6) hereof, the period of maternity
leave shall be for an unbroken period of from 12 to 52 weeks and shall
include a period of six weeks' compulsory leave to be taken
immediately before the presumed date of confinement and a period of
six weeks' compulsory leave to be taken immediately following
confinement.
(b) An employee shall, not less than 10 weeks prior to the presumed
date of confinement, give notice in writing to her employer stating
the presumed date of confinement.
(c) An employee shall give not less than four weeks' notice in writing
to her employer of the date upon which she proposes to commence
maternity leave, stating the period of leave to be taken.
(d) An employee shall not be in breach of this order as a consequence
of failure to give the stipulated period of notice in accordance with
paragraph (c) hereof if such failure is occasioned by the confinement
occurring earlier than the presumed date.
(3) Transfer to a Safe-Job
Where in the opinion of a duly qualified medical practitioner, illness
or risks arising out of the pregnancy or hazards connected with the
work assigned to the employee make it inadvisable for the employee to
continue at her present work, the employee shall, if the employer
deems it practicable, be transferred to a safe job at the rate and on
the conditions attaching to that job until the commencement of
maternity leave.
If the transfer to a safe job is not practicable, the employee may, or
the employer may require the employee to, take leave for such period
as is certified necessary by a duly qualified medical practitioner.
Such leave shall be treated as maternity leave for the purposes of
subclauses (7), (8), (9) and (10) hereof.
(4) Variation of Period of Maternity Leave
(a) Provided the addition does not extend the maternity leave beyond 52
weeks, the period may be lengthened once only, save with the agreement
of the employer, by the employee giving not less than 14 days' notice
in writing stating the period by which the leave is to be lengthened.
(b) The period of leave may, with the consent of the employer, be
shortened by the employee giving not less than 14 days' notice in
writing stating the period by which the leave is to be shortened.
(5) Cancellation of Maternity Leave
(a) Maternity leave, applied for but not commenced, shall be cancelled
when the pregnancy of an employee terminates other than by the birth
of a living child.
(b) Where the pregnancy of an employee then on maternity leave
terminates other than by the birth of a living child, it shall be
right of the employee to resume work at a time nominated by the
employer which shall not exceed four weeks from the date of notice in
writing by the employee to the employer that she desires to resume
work.
(6) Special Maternity Leave and Sick Leave
(a) Where the pregnancy of an employee not then on maternity leave
terminates after 28 weeks other than by the birth of a living child
then -
(i) she shall be entitled to such period of unpaid leave (to be
known as special maternity leave) as a duly qualified medical
practitioner certifies as necessary before her return to work, or
(ii) for illness other than the normal consequences of confinement
she shall be entitled, either in lieu of or in addition to special
maternity leave, to such paid sick leave as to which she is then
entitled and which a duly qualified medical practitioner certifies
as necessary before her return to work.
(b) Where an employee not then on maternity leave suffers illness
related to her pregnancy, she may take such paid sick leave as to
which she is then entitled and such further unpaid leave (to be known
as special maternity leave) as a duly qualified medical practitioner
certifies as necessary before her return to work, provided that the
aggregate of paid sick leave, special maternity leave and maternity
leave shall not exceed 52 weeks.
(c) For the purposes of subclauses (7), (8) and (9) hereof, maternity
leave shall include special maternity leave.
(d) An employee returning to work after the completion of a period of
leave taken pursuant to this subclause shall be entitled to the
position which she held immediately before proceeding on such leave
or, in the case of an employee who was transferred to a safe job
pursuant to subclause (3), to the position she held immediately before
such transfer.
Where such position no longer exists but there are other positions
available, for which the employee is qualified and the duties of
which she is capable of performing, she shall be entitled to a
position as nearly comparable in status and salary or wage to that
of her former position.
(7) Maternity Leave and Other Leave Entitlements
Provided the aggregate of leave including leave taken pursuant to
subclauses (3) and (6) hereof does not exceed 52 weeks:
(a) An employee may, in lieu of or in conjunction with maternity leave,
take any annual leave or long service leave or any part thereof to
which she is then entitled.
(b) Paid sick leave or other paid authorised award absences (excluding
annual leave or long service leave), shall not be available to an
employee during her absence on maternity leave.
(8) Effect of Maternity Leave on Employment
Notwithstanding any award, or other provision to the contrary, absence
on maternity leave shall not break the continuity of service of an
employee but shall not be taken into account in calculating the period
of service for any purpose of the award.
(9) Termination of Employment
(a) An employee on maternity leave may terminate her employment at any
time during the period of leave by notice given in accordance with
this award.
(b) An employer shall not terminate the employment of an employee on
the ground of her pregnancy or of her absence on maternity leave, but
otherwise the rights of an employer in relation to termination of
employment are not hereby affected.
(10) Return to Work After Maternity Leave
(a) An employee shall confirm her intention of returning to work by
notice in writing to the employer given not less than four weeks prior
to the expiration of her period of maternity leave.
(b) An employee, upon the expiration of the notice required by
paragraph (a) hereof, shall be entitled to the position which she held
immediately before proceeding on maternity leave or, in the case of an
employee who was transferred to a safe job pursuant to subclause (3),
to the position which she held immediately before such transfer. Where
such position no longer exists but there are other positions available
for which the employee is qualified and the duties of which she is
capable of performing, she shall be entitled to a position as nearly
comparable in status and salary or wage to that of her former position.
(11) Replacement Employees
(a) A replacement employee is an employee specifically engaged as a
result of an employee proceeding on maternity leave.
(b) Before an employer engages a replacement employee under this
subclause, the employer shall inform that person of the temporary
nature of the employment and of the rights of the employee who is
being replaced.
(c) Before an employer engages a person to replace an employee
temporarily promoted or transferred in order to replace an employee
exercising her rights under this clause, the employer shall inform
that person of the temporary nature of the promotion or transfer and
of the rights of the employee who is being replaced.
(d) Provided that nothing in this subclause shall be construed as
requiring an employer to engage a replacement employee.
(e) A replacement employee shall not be entitled to any of the rights
conferred by this clause except where her employment continues beyond
the 12 months qualifying period.
31. - WAGES AND SUPPLEMENTARY PAYMENT
(1) The minimum award rate payable weekly to adult employees (other than
apprentices) classified under a defined level specified in Clause 5. -
Definitions and Classification Structure, shall be made up of a base rate,
plus a supplementary payment, and safety net adjustment, giving a total
award rate as follows:
+----+-----------+-------------+-------------+-------------+-----------+
|(a) |Wage Group |Base Rate Per|Supplementary| Arbitrated |Total Rate
|
| | | Week $ | Payment $ | Safety Net |Per Week $
|
| | | | |Adjustment $ |
|
+----+-----------+-------------+-------------+-------------+-----------+
| | | | | |
|
+----+-----------+-------------+-------------+-------------+-----------+
| |Level C14 | 284.80 | 40.60 | 159.00 | 484.40
|
+----+-----------+-------------+-------------+-------------+-----------+
| |Level C13 | 299.50 | 42.60 | 159.00 | 501.10
|
+----+-----------+-------------+-------------+-------------+-----------+
| |Level C12 | 319.20 | 45.40 | 159.00 | 523.60
|
+----+-----------+-------------+-------------+-------------+-----------+
| |Level C11 | 337.40 | 48.10 | 159.00 | 544.50
|
+----+-----------+-------------+-------------+-------------+-----------+
| |Level C10 | 365.20 | 52.00 | 161.00 | 578.20
|
+----+-----------+-------------+-------------+-------------+-----------+
| |Level C 9 | 383.50 | 54.60 | 161.00 | 599.10
|
+----+-----------+-------------+-------------+-------------+-----------+
| |Level C 8 | 401.70 | 57.20 | 161.00 | 619.90
|
+----+-----------+-------------+-------------+-------------+-----------+
| |Level C 7 | 420.00 | 59.80 | 159.00 | 638.80
|
+----+-----------+-------------+-------------+-------------+-----------+
| |Level C 6 | 456.50 | 65.00 | 159.00 | 680.50
|
+----+-----------+-------------+-------------+-------------+-----------+
| |Level C 5 | 474.80 | 67.60 | 159.00 | 701.40
|
+----+-----------+-------------+-------------+-------------+-----------+
| | | | | |
|
+----+-----------+-------------+-------------+-------------+-----------+
(c) Supplementary Payments
(i) Where an employee is in receipt of a rate of pay which exceeds
the Award Rate Per Week prescribed in paragraphs (a) and (b)
above, whether such payment is being made by virtue of any order,
industrial agreement or other agreement or arrangement, then such
rate will be deemed to be inclusive of the Supplementary Payment.
(ii) Overtime, shift allowances, penalty rates, disability
allowances, special rates, fares and travelling time allowances
and any other work related allowances prescribed by this award
shall not be offset against Supplementary Payments.
(iii) Alterations to the base rate and supplementary payments
arising out of the variation occurring on 19 November, 1992 to
reflect the percentage relativities in Clause 5. - Definitions and
Classification Structure of this award for each classification
level shall not provide cause to allow an increase or decrease of
an employee's total remuneration if the total remuneration is in
excess of the award rate per week prescribed in subclauses (a) and
(b) hereof.
(d) The rates of pay in this award include arbitrated safety net
adjustments available since December 1993, under the Arbitrated Safety
Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any
equivalent amount in the rate of pay received by employees since 1
November 1991 above the rate prescribed in the Award, except where
such absorption is contrary to the terms of an industrial
agreement.
Increases in rates of pay otherwise made under the State Wage Case
Principles, excepting those resulting from enterprise agreements,
are not to be used to offset arbitrated safety net adjustments.
(2) (a) Leading Hand:
In addition to the appropriate total wage prescribed in this
clause, a leading hand shall be paid per week -
$
(i) If placed in charge of not less than three
and not more than 10 other employees 23.10
(ii) If placed in charge of more than 10 and
not more than 20 other employees 35.30
(iii) If placed in charge of more than 20 other
employees 45.70
(b) Any tradesman moulder employed in a foundry where no other jobbing
moulder is employed shall be paid at the rate prescribed for leading
hands in charge of not less than three and not more than ten other
workers.
(3) Apprentices:
Wage per week expressed as a percentage of the Level C10 Engineering
Tradesperson's rate which includes a supplementary payment and
arbitrated safety net adjustment.
+--------------------+-----------------------------------+------+
|*Four Year Term * | % |
+--------------------+-----------------------------------+------+
| | | |
+--------------------+-----------------------------------+------+
| |First year | 42 |
+--------------------+-----------------------------------+------+
| |Second year | 55 |
+--------------------+-----------------------------------+------+
| |Three year | 75 |
+--------------------+-----------------------------------+------+
| |Fourth year | 88 |
+--------------------+-----------------------------------+------+
|*Three and a Half Year Term* | *%* |
+--------------------+-----------------------------------+------+
| | | |
+--------------------+-----------------------------------+------+
| |First six months | 42 |
+--------------------+-----------------------------------+------+
| |Next year | 55 |
+--------------------+-----------------------------------+------+
| |Next year | 75 |
+--------------------+-----------------------------------+------+
| |Final year | 88 |
+--------------------+-----------------------------------+------+
| | | |
+--------------------+-----------------------------------+------+
|*Three Year Term* | |
+--------------------+-----------------------------------+------+
| | | |
+--------------------+-----------------------------------+------+
| |First year | 55 |
+--------------------+-----------------------------------+------+
| |Second year | 75 |
+--------------------+-----------------------------------+------+
| |Third year | 88 |
+--------------------+-----------------------------------+------+
(4) Junior Employees:
Wage per week expressed as a percentage of Level C13 base rate which
includes a supplementary payment and arbitrated safety net adjustment.
+---------------------------------------+------+
| | % |
+---------------------------------------+------+
| | |
+---------------------------------------+------+
|Under 16 years of age | 35 |
+---------------------------------------+------+
|16 years of age | 45 |
+---------------------------------------+------+
|17 years of age | 55 |
+---------------------------------------+------+
|18 years of age | 65 |
+---------------------------------------+------+
|19 years of age | 78.5 |
+---------------------------------------+------+
|20 years of age | 93 |
+---------------------------------------+------+
(5) A casual employee shall be paid 20 per cent of the ordinary rate in
addition to the ordinary rate for the calling in which he/she is employed.
(6) Minimum Adult Award Wage
(a) No adult employee shall be paid less than the Minimum Adult Award
Wage unless otherwise provided by this clause.
(b) The Minimum Adult Award Wage for full time adult employees is
$484.40 per week payable on and from 7 th July 2005.
(c) The Minimum Adult Award Wage of $484.40 per week is deemed to
include all arbitrated safety net adjustments from State Wage Case
decisions.
(d) Unless otherwise provided in this clause adults employed as
casuals, part time employees or pieceworkers or employees who are
remunerated wholly on the basis of payment by result shall not be paid
less than pro rata the Minimum Adult Award Wage according to the hours
worked.
(e) Juniors shall be paid no less than the wage determined by applying
the percentage prescribed in the junior rates provision in this award
to the Minimum Adult Award Wage of $484.40 per week.
(f) (i) The Minimum Adult Award Wage shall not apply to apprentices,
employees engaged on traineeships or Jobskill placements or employed
under the Commonwealth Government Supported Wage System or to other
categories of employees who by prescription are paid less than the
minimum award rate.
(ii) Liberty to apply is reserved in relation to any special
categories of employees not included here or otherwise in relation
to the application of the Minimum Adult Award Wage.
(g) Subject to this clause the Minimum Adult Award Wage shall -
(i) apply to all work in ordinary hours.
(ii) apply to the calculation of overtime and all other penalty
rates, superannuation, payments during any period of paid leave
and for all purposes of this award.
(h) Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for
adult employees payable under the 2005 State Wage Case Decision.
Any increase arising from the insertion of the minimum adult award
wage will be offset against any equivalent amount in rates of pay
received by employees whose wages and conditions of employment are
regulated by this award which are above the wage rates prescribed
in the award. Such above award payments include wages payable
pursuant to enterprise agreements, consent awards or award
variations to give effect to enterprise agreements and over award
arrangements. Absorption which is contrary to the terms of an
agreement is not required. Increases under previous State Wage
Case Principles or under the current Statement of Principles,
excepting those resulting from enterprise agreements, are not to
be used to offset the minimum adult award wage.
(i) Adult Apprentices
(i) Notwithstanding the provisions of this clause, an apprentice,
21 years of age or over, shall not be paid less than $406.70 per
week.
(ii) The rate paid at paragraph (i) above is payable on
superannuation and during any period of paid leave prescribed by
this Award.
(iii) Where in this award an additional rate is expressed as a
percentage, fraction or multiple of the ordinary rate of pay, it
shall be calculated upon the rate prescribed in this award for the
actual year of the apprenticeship.
(iv) Nothing in this sub-clause shall operate to reduce the rate of
pay fixed by this Award for an adult apprentice in force
immediately prior to 5th June 2003.
(7) Tool Allowance:
(a) Where an employer does not provide a tradesperson or an apprentice
with the tools ordinarily required by that tradesperson or apprentice
in the performance of work as a tradesperson or as an apprentice the
employer shall pay a tool allowance of -
(i) $12.80 per week to such tradesperson, or
(ii) In the case of an apprentice a percentage of $12.80 being the
percentage which appears against the year of apprenticeship in
subclause (3) of this Clause,
for the purposes of such tradesperson or apprentice supplying
and maintaining tools ordinarily required in the performance
of work as a tradesperson or apprentice.
(b) Any tool allowance paid pursuant to paragraph (a) of this subclause
shall be included in, and form part of, the ordinary weekly wage
prescribed in this clause.
(c) An employer shall provide for the use of tradesmen or apprentices
all necessary power tools, special purpose tools and precision
measuring instruments.
(d) A tradesman or apprentice shall replace or pay for any tool
supplied by the employer if lost through the employee's negligence.
(8) An employee employed in rock quarries, limestone quarries or sand pits
shall be paid an allowance of $20.60 per week to compensate for dust and
climatic conditions when working in the open and for deficiencies in
general amenities and facilities but an employee so employed for no more
than three days in a week shall be paid on a pro rata basis.
This subclause shall not apply to employees employed by Cockburn Cement
Limited.
(9) Structural Efficiency:
(a) Arising out of the decision of 8 September 1989 in the State Wage
Case and in consideration of the wage increases resulting from
structural efficiency adjustments, employees are to perform a wider
range of duties which is incidental or peripheral to their main tasks
or functions.
(b) The parties to this award are committed to co-operating positively
to increase the efficiency, productivity and international
competitiveness of the metal and engineering industry and to enhance
the career opportunities and job security of employees in the industry.
(c) At each plant or enterprise a consultative mechanism may be
established by the employer, or shall be established upon request by
the employees or their relevant union or unions. The consultative
mechanism and procedure shall be appropriate to the size, structure
and needs of that plant or enterprise. Measures raised by the
employer, employees or union or unions for consideration consistent
with the objectives of paragraph (b) hereof shall be processed through
that consultative mechanism and procedures.
(d) Measures raised for consideration consistent with subclause (b)
hereof shall be related to implementation of the new classification
structure, the facilitative provisions contained in this Award and,
subject to Clause 35. - Training, matters concerning training and,
subject to paragraph (e) hereof, any other measures consistent with
the objectives of paragraph (b) of this subclause.
(e) Without limiting the rights of either an employer or a union to
arbitration, any other measure designed to increase flexibility at the
plant or enterprise and sought by any party shall be notified to the
Commission if the initiative varies an Award provision and by
agreement of the parties involved shall be subject to the following
requirements:-
(i) the changes shall not affect provisions reflecting national
standards recognised by the Western Australian Industrial
Relations Commission;
(ii) the majority of employees affected by the change at the plant
or enterprise must genuinely agree to the change;
(iii) no employee shall lose income as a result of the change;
(iv) the relevant union or unions must be a party to the agreement;
(v) the relevant union or unions shall not unreasonably oppose any
agreement;
(vi) any agreement shall be subject to approval by the Western
Australian Industrial Relations Commission and, if approved, shall
operate as a schedule to this Award or a Section 41 Industrial
Agreement and take precedence over any provision of this Award to
the extent of the inconsistency.
(f) Any disputes arising in relation to the implementation of
paragraphs (c) and (d) hereof shall be subject to the provisions of
Clause 34. - Avoidance of Industrial Disputes, of this award.
32. - INTRODUCTION OF CHANGE
(1) Employer's Duty to Notify
(a) Where an employer has made a definite decision to introduce major
changes in production, programme, organisation, structure or
technology that are likely to have significant effects on employees,
the employer shall notify the employees who may be affected by the
proposed changes and their union or unions.
(b) Significant effects include termination of employment, major
changes in the composition, operation or size of the employer's
workforce or in the skills required; the elimination or diminution of
job opportunities, promotion opportunities or job tenure; the
alteration of hours of work; the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
Provided that where the award makes provision for alteration of any of
the matters referred to herein an alteration shall be deemed not to
have significant effects.
(2) Employer's Duty to Discuss Change
(a) The employer shall discuss with the employees affected and their
union or unions, the introduction of the changes referred to in
subclause (1) of this clause, among other things, the effects the
changes are likely to have on employees, measures to avoid or minimise
the adverse effects of such changes on employees and shall give prompt
consideration to matters raised by the employees and/or their unions
in relation to the changes.
(b) The discussion shall commence as soon as is practicable after a
definite decision has been made by the employer to make the changes
referred to in subclause (1) of this clause.
(c) For the purpose of such discussion, the employer shall provide in
writing to the employees concerned and their union or unions, all
relevant information about the changes including the nature of the
changes proposed; the expected effects of the changes on employees and
other matters likely to affect employees provided that any employer
shall not be required to disclose confidential information the
disclosure of which would be inimical to the employer's interests.
32A. - REDUNDANCY
(1) Discussions Before Terminations
(a) Where an employer has made a definite decision that the employer no
longer wishes the job the employee has been doing done by anyone and
this is not due to the ordinary and customary turnover of labour and
that decision may lead to termination of employment, the employer
shall hold discussions with the employees directly affected and with
their union or unions.
(b) The discussion shall take place as soon as is practicable after the
employer has made a definite decision which will invoke the provisions
of paragraph (a) of this subclause and shall cover among other things,
any reasons for the proposed terminations, measures to avoid or
minimise the terminations and measures to minimise any adverse affect
of any terminations on the employees concerned.
(c) For the purpose of such discussion the employer shall provide in
writing to the employees concerned and their union or unions, all
relevant information about the proposed terminations including the
reasons for the proposed terminations, the number and categories of
employees likely to be affected and the number of employees normally
employed and the period over which the terminations are likely to be
carried out. Provided that any employer shall not be required to
disclose confidential information the disclosure of which would be
inimical to the employer's interests.
(2) Transfer to Lower Paid Duties
Where an employee is transferred to lower paid duties for reasons set
out in paragraph (a) of subclause (1) of this clause the employee
shall be entitled to the same period of notice of transfer as the
employee would have been entitled to had the employment been
terminated, and the employer may at the employer's option, make
payment in lieu thereof of an amount equal to the difference between
the former ordinary weekly rate of wage and the new lower ordinary
weekly rate of wage for the number of weeks of notice still owing.
(3) Severance Pay
(a) In addition to the period of notice prescribed in paragraph (a) of
subclause (2) in Clause 6 - Contract of Service, of this award, for
ordinary termination, and subject to further order of the Commission,
an employee whose employment is terminated for reasons set out in
paragraph (a) of subclause (1) of this clause shall be entitled to the
following amount of severance pay in respect of a continuous period of
service.
+------------------------------+------------------------+
|PERIOD OF CONTINUOUS SERVICE |SEVERANCE PAY |
+------------------------------+------------------------+
| | |
+------------------------------+------------------------+
|Less than 1 year |Nil |
+------------------------------+------------------------+
|1 year but less than 2 years |4 weeks |
+------------------------------+------------------------+
|2 years but less than 3 years |6 weeks |
+------------------------------+------------------------+
|3 years but less than 4 years |7 weeks |
+------------------------------+------------------------+
|4 years and over |8 weeks |
+------------------------------+------------------------+
Weeks Pay means the ordinary weekly rate of wage for the employee
concerned.
Provided that the severance payments shall not exceed the amount
which the employee would have earned if employment with the
employer had proceeded to the employee's normal retirement date.
(b) For the purpose of this clause continuity of service shall not be
broken on account of -
(i) 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;
(ii) 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
(iii) 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.
(c) 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.
(4) Employee Leaving During Notice
An employee whose employment is to be terminated for reasons set out in
paragraph (a) of subclause (1) of this clause may terminate employment
during the period of notice and, if so, shall be entitled to the same
benefits and payments under this clause had the employee remained with
the employer until the expiry of such notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of
notice.
(5) Alternative Employment
An employer, in a particular redundancy case, may make application to
the Commission to have the general severance pay prescription varied
if the employer obtains acceptable alternative employment for an
employee.
(6) Time Off During Notice Period
(a) During the period of notice of termination of employment given by
an employer, an employee whose employment is to be terminated for
reasons set out in paragraph (a) of subclause (1) of this clause that
employee shall for the purpose of seeking other employment shall be
entitled to be absent from work during each week of notice up to a
maximum of eight ordinary hours without deduction of pay.
(b) If the employee has been allowed paid leave for more than one day
during the notice period for the purpose of seeking other employment,
the employee shall, at the request of the employer, be required to
produce proof of attendance at an interview or the employee shall not
receive payment for the time absent. For this purpose a statutory
declaration will be sufficient.
(7) Notice to Commonwealth Employment Service
Where a decision has been made to terminate employees in the
circumstances outlined in paragraph (a) of subclause (1) of this
clause, the employer shall notify the Commonwealth Employment Service
thereof as soon as possible giving relevant information including the
number and categories of the employees likely to be affected and the
period over which the terminations are intended to be carried out.
(8) Superannuation Benefits
(a) Subject to further order of the Commission where an employee, who
is terminated receives a benefit from a superannuation scheme, the
employee shall only receive under subclause (3) of this clause the
difference between the severance pay specified in that subclause and
the amount of the superannuation benefit the employee receives which
is attributable to employer contributions only.
(b) If the superannuation benefit is greater than the amount due under
subclause (3) of this clause then the employee shall receive no
payment under that subclause.
(c) Provided that benefits arising directly or indirectly from
contributions made by an employer in accordance with an award,
agreement or order made or registered under the Industrial Relations
Act, 1979 shall not be taken into account unless the Commission so
orders in a particular case.
(9) Employees With Less Than One Year's Service
This clause shall not apply to employees with less than one year's
continuous service and the general obligation on employers should be
no more than to give relevant employees an indication of the impending
redundancy at the first reasonable opportunity and to take such steps
as may be reasonable to facilitate the obtaining by the employees of
suitable alternative employment.
(10) Employees Exempted
This clause shall not apply where employment is terminated as a
consequence of conduct that justifies instant dismissal including
malingering, inefficiency or neglect of duty or in the case of casual
employees, apprentices or employees engaged for a specific period of
time or for a specified task or tasks.
(11) Employers Exempted
Subject to an order of the Commission, in a particular redundancy case,
this clause shall not apply to employers who employ less than 15
employees.
(12) Incapacity to Pay
An employer, in a particular redundancy case may make application to
the Commission to have the general severance pay prescription varied
on the basis of the employer's incapacity to pay.
(13) Dispute Settling Procedure
Any dispute under these provisions shall be referred to the Commission.
33. - SUPERANNUATION
The superannuation provisions contained herein operate subject to the
requirements of the hereinafter prescribed provision titled - Compliance,
Nomination and Transition.
(1) Definitions:
For the purpose of this clause -
(a) Eligible employee means an employee who is, or becomes, a member of
the superannuation fund selected in accordance with subclause (3) of
this clause and who is -
(i) a weekly employee with not less than four weeks of continuous
service with the employer; or
(ii) a casual employee who has -
(aa) had a start with the employer on 30 days in a period not
greater than one year, provided that such period does not
commence earlier than a date preceding one year from the
operation of this clause; and
(bb) achieved an average, in the case of a junior employee, of
at least 12 hours per week and, in the case of adult
employees, employment of at least six hours per week with the
employer during the month immediately preceding any day the
employer would, but for this definition, be required to make
superannuation contributions prescribed in subclause (2) of
this clause.
(b) Ordinary time earnings means an employee's award classification
rate (including supplementary payment) any regular over-award payment,
tool allowance, leading hand allowance and shift loading, including
week-end and public holiday rates where the shift worked is part of
the employee's ordinary hours of work.
All other allowances and payments are excluded.
(c) Act means the Occupational Superannuation Standards Act, 1987.
(d) Regulations mean the Occupational Superannuation Standards
Regulations.
(e) Western Australian Local Government Occupational Superannuation
Fund means the fund established under the Deed of Trust dated 21 March
1990 (as varied from time to time), entered into by the Local
Government Association of Western Australia (Inc.), the Country Shire
Councils' Association of Western Australia (Inc.), the Municipal
Officers' Association of Australia and the Federated Municipal and
Shire Council Employees Union of Australia.
(2) Contributions:
(a) In accordance with this clause and subject to the Trust Deed of the
Fund, on behalf of each eligible employee an employer shall contribute
to a superannuation fund which complies with the Act and Regulations a
superannuation contribution, equivalent to 3% of such eligible
employee's ordinary time earnings.
(b) Provided that upon completion of the qualifying period specified in
subclause (1) of this clause, contributions on behalf of each eligible
employee shall apply from the date of commencement of employment of
such employee.
(c) Provided further that the contributions offered by an existing Fund
of which the eligible employee is a member may be improved to the
extent that they are equivalent to those prescribed by paragraph (a)
of this subclause and are in accordance with the Act and Regulations.
(d) The contributions required herein shall be made to the relevant
Fund in the manner and at the times specified by the terms of the Fund
or any agreement between the employer and Trustees of the Fund.
(3) Superannuation Fund:
(a) The employer shall make superannuation contributions, or
improvements pursuant to this clause, to any of the following Funds
selected by the employer -
(i) the Westscheme Superannuation Scheme; or
(ii) any Fund agreed between the employer and eligible employees,
and their Union or Unions, where applicable; or
(iii) any Fund which has application to employees in the principal
business of the employer, where eligible employees covered by this
Award are a minority of award-covered employees.
(iv) any other approved occupational superannuation fund to which
an employer or eligible employee who is a member of the religious
fellowship known as Brethren elects to contribute.
(v) Where the employer is a municipality, country or regional
council constituted under the Local Government Act 1960, it shall
contribute to the scheme known as the Western Australian Local
Government Occupational Superannuation Fund.
(b) Provided that an employer shall not be compelled to contribute to
more than one Fund in respect of eligible employees employed under
this Award.
(c) Subject to the terms of this clause, where there is a dispute over
the choice of Fund to be utilised by an employer, the matter shall be
referred to the Western Australian Industrial Relations Commission for
determination.
(4) Fund Membership:
(a) The employer shall make an eligible employee aware of his/her
entitlements under this clause and offer such eligible employee the
opportunity to become a member of the appropriate Fund. An eligible
employee shall be required to properly complete the necessary
application forms to become a member of the appropriate Fund in order
to be entitled to the contributions prescribed in subclause (2) of
this clause.
(b) In a case where an eligible employee refuses to become a member of
a relevant Fund, the employer shall notify the Trustees, in writing,
of such circumstances.
(c) In the event that an eligible employee elects not to join the Fund,
the employer shall advise the employee in writing of his/her
entitlements, within a period of a further six months. Should such
employee subsequently complete the necessary forms and become a member
of the Fund, the contributions prescribed in subclause (2) of this
clause shall start from the commencement of the first pay period
beginning on or after the completion of such forms.
(d) In a case where an eligible employee refuses to join the relevant
Fund within a period of 30 days from commencement of employment, the
employer shall not be required to make any contributions in respect of
that employee.
(5) Exemption:
(a) This clause shall be deemed to be satisfied by any employer who, as
at 1st November 1989 or at the date of becoming respondent to this
Award, is already satisfying and continues to satisfy the requirements
of subclause (2) of this clause by providing new or improved
superannuation benefits or contributions equivalent to 3% of ordinary
time earnings and in accordance with the Act and Regulations.
(b) Leave is reserved to any employer to apply for exemption from this
clause on the grounds of the standard of existing superannuation
arrangements provided by the employer, or the employer's financial
capacity to pay.
(c) This clause shall not apply to -
The Broken Hill Proprietary Company Limited or Tubemakers of
Australia Limited, or any corporation which is a related
corporation (within the meaning of the Companies Act 1981) of
either of the aforementioned Companies.
(6) Absence From Work:
Subject to the Trust Deed relating to the Fund of which an employee is
a member, the following provisions shall apply.
(a) Paid Leave:
Contributions shall continue whilst a member of a Fund is absent on
paid annual leave, sick leave, long service leave, public
holidays, jury service and bereavement leave.
(b) Unpaid Leave:
Contributions shall not be required in respect of any absence from
work without pay.
(c) Sickness and Work Related Injury:
In the event of an eligible employee's absence from work due to
sickness or a work related injury, contributions shall continue
for the period of the absence provided that -
(i) the member of the Fund is receiving regular payments directly
from the employer in accordance with statutory requirements or the
provisions of this Award;
(ii) the duration of the absence does not exceed 52 weeks in total
for each injury or sickness.
(iii) the person remains an employee of the employer.
(7) No Reduction:
Nothing contained herein shall serve to reduce any superannuation
entitlement which an employee was receiving at the time provisions
contained in this clause became effective.
Compliance, Nomination and Transition
Notwithstanding anything contained elsewhere herein which requires that
contribution be made to a superannuation fund or scheme in respect of
an employee, on and from 30 June 1998 -
(a) Any such fund or scheme shall no longer be a complying
superannuation fund or scheme for the purposes of this clause unless -
(i) the fund or scheme is a complying fund or scheme within the
meaning of the Superannuation Guarantee (Administration) Act 1992
of the Commonwealth; and
(ii) under the governing rules of the fund or scheme, contributions
may be made by or in respect of the employee permitted to nominate
a fund or scheme;
(b) The employee shall be entitled to nominate the complying
superannuation fund or scheme to which contributions are to be made by
or in respect of the employee;
(c) The employer shall notify the employee of the entitlement to
nominate a complying superannuation fund or scheme as soon as
practicable;
(d) A nomination or notification of the type referred to in paragraphs
(b) and (c) of this subclause shall, subject to the requirements of
regulations made pursuant to the Industrial Relations Legislation
Amendment and Repeal Act 1995, be given in writing to the employer or
the employee to whom such is directed;
(e) The employee and employer shall be bound by the nomination of the
employee unless the employee and employer agree to change the
complying superannuation fund or scheme to which contributions are to
be made;
(f) The employer shall not unreasonably refuse to agree to a change of
complying superannuation fund or scheme requested by a employee;
Provided that on and from 30 June 1998, and until an employee
thereafter nominates a complying superannuation fund or scheme -
(g) if one or more complying superannuation funds or schemes to which
contributions may be made be specified herein, the employer is
required to make contributions to that fund or scheme, or one of those
funds or schemes nominated by the employer;
or
(h) if no complying superannuation fund or scheme to which
contributions may be made be specified herein, the employer is
required to make contributions to a complying fund or scheme nominated
by the employer.
34. - AVOIDANCE OF INDUSTRIAL DISPUTES
(1) A procedure for the avoidance of industrial disputes shall apply in
establishments covered by this award.
The objective of the procedure shall be to promote the resolution of
disputes by measures based on consultation, co-operation and
discussion; to reduce the level of industrial confrontation; and to
avoid interruption to the performance of work and the consequential
loss of production and wages.
It is acknowledged that in some companies or sectors of the industry,
disputes avoidance/settlement procedures are either now in place or in
the process of being negotiated and it may be the desire of the
immediate parties concerned to pursue those mutually agreed procedures.
(1a) (a) This subclause is inserted into the award/industrial agreement as
a result of legislation which came into effect on 16 January 1996
(Industrial Relations Legislation Amendment and Repeal Act 1995) and
further varied by legislation which came into effect on 23 May 1997
(Labour Relations Legislation Amendment Act 1997).
(b) Any question, dispute or difficulty arising under this award shall
be subject to dispute settlement procedures established under this
award.
(c) Any settlement reached which is contrary to the terms of this award
shall not have effect unless or until that conflict is resolved.
(d) Any matter not settled may be referred to the Western Australian
Industrial Relations Commission at any time provided that with effect
from 22 November 1997 it is required that persons involved in the
question, dispute or difficulty shall confer among themselves and make
reasonable attempts to resolve questions, disputes or difficulties
before taking those matters to the Commission.
(2) In other cases, the following principles shall apply:
(a) Depending on the issues involved, the size and function of the
plant or enterprise and the union membership of the employees
concerned, a procedure involving up to four stages of discussion shall
apply. These are:
(i) discussions between the employee/s concerned (and shop steward
if requested) and the immediate supervisors;
(ii) discussions involving the employee/s concerned, the shop
steward and the employer representatives;
(iii) discussions involving representatives from the state branch
of the union(s) concerned and the employer representative(s);
(iv) discussions involving senior union officials (state secretary)
and the senior management representative(s);
(v) there shall be an opportunity for any party to raise the issue
to a higher stage.
(b) There shall be a commitment by the parties to achieve adherence to
this procedure. This should be facilitated by the earliest possible
advice by one party to the other of any issue or problem which may
give rise to a grievance or dispute.
(c) Throughout all stages of the procedure all relevant facts shall be
clearly identified and recorded.
(d) Sensible time limits shall be allowed for the completion of the
various stages of the discussions. At least seven days should be
allowed for all stages of the discussions to be finalised.
(e) Emphasis shall be placed on a negotiated settlement. However if the
negotiation process is exhausted without the dispute being resolved,
the parties shall jointly or individually refer the matter to the
Western Australian Industrial Relations Commission for assistance in
resolving the question, dispute or difficulty provided that with
effect from 22 November 1997 it is required that persons involved in
the question, dispute or difficulty shall confer among themselves and
make reasonable attempts to resolve questions, disputes or
difficulties before taking those matters to the Commission.
(f) In order to allow for the peaceful resolution of grievances the
parties shall be committed to avoid stoppages of work, lockouts or any
other bans or limitation on the performance of work while the
procedures of negotiation and conciliation are being followed.
(g) The employer shall ensure that all practices applied during the
operation of the procedure are in accordance with safe working
practices and consistent with established custom and practices at the
workplace.
35. - TRAINING
(1) The parties to this Award recognise that in order to increase
efficiency, productivity and international competitiveness of industry, a
greater commitment to training and skill development is required.
Accordingly, the parties commit themselves to -
(a) developing a more highly skilled and flexible workforce;
(b) providing employees with career opportunities through appropriate
training to acquire additional skills; and
(c) removing barriers to the utilisation of skills acquired.
(2) Following proper consultation in accordance with subclause (9) in
Clause 31. - Wages and Supplementary Payments, or through the
establishment of a training committee, an employer shall develop a
training programme consistent with:
(a) the current and future skill needs of the enterprise;
(b) the size, structure and nature of the operations of the enterprise;
(c) the need to develop vocational skills relevant to the enterprise
and the metal and engineering industry through courses conducted by
accredited educational institutions and providers.
(3) Where it is agreed that a training committee be established, such
training committee shall be constituted by equal numbers of employer and
employee representatives and have a charter which clearly states its role
and responsibilities, for example -
(a) formulation of a training programme and availability of training
courses and career opportunities to employees;
(b) dissemination of information on the training programme and
availability of training courses and career opportunities to employees;
(c) the recommending of individual employees for training and
reclassification;
(d) monitoring and advising management and employees regarding the
ongoing effectiveness of the training.
(4) (a) Where, as a result of consultation in accordance with subclause (9)
of Clause 31. - Wages and Supplementary Payments or through a training
committee and/or with the employee concerned, it is agreed that additional
training in accordance with the programme developed pursuant to subclause
(2) hereof should be undertaken by an employee, that training may be
undertaken either on or off the job and if the training is undertaken
during ordinary working hours, the employee concerned shall not suffer any
loss of pay. The employer shall not unreasonably withhold such paid
training leave.
(b) Any costs associated with standard fees for prescribed courses and
prescribed textbooks (excluding those textbooks which are available in
the employer's technical library) incurred with the undertaking of
training shall be reimbursed by the employer upon production of
evidence of such expenditure. Provided that reimbursement shall be on
an annual basis, subject to the presentation of reports of
satisfactory progress.
(c) Travel costs incurred by an employee undertaking training in
accordance with this clause, which exceed those normally incurred in
travelling to and from work, shall be reimbursed by the employer.
(5) Subclauses (2), (3) and (4) hereof shall operate as interim provisions
and shall be reviewed after nine months' operation. In the meantime, the
parties shall monitor the effectiveness of those interim provisions in
encouraging the attainment of the objectives detailed in subclause (1)
hereof. In this connection, the unions reserve the right to press for the
mandatory prescription of a minimum number of training hours per annum,
without loss of pay, for an employee undertaking training to meet the
needs of an individual enterprise and the metal and engineering industry.
(6) Any disputes arising in relation to subclauses (2) and (3) shall be
subject to the provisions of Clause 34. - Avoidance of Industrial Disputes
of this award.
36. - TRAINEESHIPS
(1) Scope:
(a) This clause shall apply to persons:
(i) who are undertaking a Traineeship (as defined); and
(ii) who are employed by an employer bound by this Award.
(b) This clause does not apply to the Apprenticeship system.
(2) Objectives:
(a) This clause fascilitates a system of traineeships which provides
approved training in conjunction with employment in order to enhance
the skill levels and future employment prospects of Trainees,
particularly young persons and long term unemployed persons, and
(b) This clause provides conditions of employment, including rates of
pay, required to be observed regarding persons employed under the
Traineeship Scheme, and
(c) Existing full-time employees shall not be displaced from employment
by a Trainee.
(3) Limited Operation (ATS and CST):
The wage rates prescribed herein and relative to the Australian
Traineeship System (ATS) or the Career Start Traineeships (CST) shall
not apply to any employer bound by this award, except in relation to
ATS and CST trainees who commenced a traineeship with the employer
before 11 May 1995.
(4) Definitions:
Appropriate State Legislation means the State Employment and Skills
Development Authority Act 1990, or any successor legislation.
Approved Training means training undertaken both on and off the job, in
a Traineeship and shall involve formal instruction both theoretical
and practical, and supervised practice in accordance with a
Traineeship Scheme approved and accredited by the Training Authority.
Traineeship Agreement means an agreement made subject to the terms of
this Award between an employer and the Trainee for a Traineeship and
which is registered with the Training Authority. A traineeship
agreement shall only operate when made in accordance with the relevant
approved Traineeship Scheme.
Traineeship Scheme means the Metal and Engineering Industry
Traineeship, Australian Traineeship System or Career Start Traineeship
approved by the Training Authority, or any other Traineeship Scheme
for employees covered by this Award and approved by the Training
Authority after consultation and negotiation with the relevant union.
Training Authority means -
(a) the State Employment and Skills Development Authority and any
successor, or
(b) the National Employment and Training Taskforce where such gives
interim approval to a Training Scheme and thereafter until that scheme
is finally approved by the body referred to in (a) hereof.
(5) Training Conditions:
(a) The Trainee shall attend an approved training course or training
programme prescribed in the Traineeship Agreement, or as notified to
the Trainee by the Training Authority in accredited and relevant
Traineeship Schemes.
(b) A Traineeship shall not commence until the Traineeship Agreement,
made in accordance with the Traineeship Scheme, has been signed by the
employer and the trainee and lodged for registration with the Training
Authority, provided that if the Traineeship Agreement is not in a
standard format, a Traineeship shall not commence until the
Traineeship Agreement has been registered with the Training Authority.
The employer shall permit the Trainee to attend the training course or
programme provided for in the Traineeship Agreement and shall ensure
the Trainee receives the appropriate on the job training.
(c) The employer shall provide an appropriate level of supervision
during the traineeship period.
(d) The overall training programme will be monitored by officers of the
Training Authority and training records or work books shall be
provided, if required to be utilised as part of this monitoring
process.
(6) Employment Conditions:
(a) A Trainee shall be engaged as a full-time employee for a maximum of
one year's duration provided that a Trainee shall be subject to a
satisfactory probation period of one month which may be reduced at the
discretion of the employer. By agreement in writing, and with the
consent of the Training Authority, the relevant employer and the
Trainee may vary the duration of the Traineeship and the extent of
approved training provided that any agreement to vary is in accordance
with the relevant Traineeship Scheme.
(b) (i) An employer shall not terminate the employment of a Trainee
without firstly having provided written notice of termination to the
Trainee concerned in accordance with the Traineeship Agreement and to
the Training Authority.
(ii) An employer who decides not to continue the employment of a
Trainee upon the completion of the traineeship shall notify, in
writing, the Training Authority of that decision.
(c) The Trainee is permitted to be absent from work without loss of
continuity of employment and/or wages to attend the training in
accordance with the Traineeship Agreement and the Trainee will attend
such training.
(d) Where the employment of a Trainee by an employer is continued after
the completion of the traineeship period, such traineeship period
shall be counted as service for the purposes of this Award.
(e) All other terms and conditions of this Award that are applicable to
the Trainee or would be applicable to the Trainee but for this clause
shall apply unless specifically varied by this clause.
(f) A Trainee who fails to either complete the Traineeship or who
cannot for any reason be placed in full-time employment with the
employer on successful completion of the Traineeship, shall not be
entitled to any severance payment in accordance with Clauses 6. -
Contract of Service, and 32A. - Redundancy, of this Award.
(g) (i) Overtime and shift work shall not be worked by a Trainee except
in circumstances where the section in which the trainee is receiving
on the job training is required to work overtime, or the work of that
section is normally carried out by shifts and there is satisfactory
provision for approved training.
(ii) A Trainee shall not work overtime alone.
(iii) The Trainee wage shall be the basis for the calculation of
overtime and/or shift penalty rates prescribed by this Award.
(7) Wages:
(a) (i) The minimum rates of wages payable weekly to Trainees are as
provided in paragraph (b), or paragraph (d), of this subclause.
(ii) These wage rates will only apply to Trainees while that are
undertaking an approved traineeship which includes approved
training as defined in this clause.
(iii) The wages prescribed by this clause do not apply to complete
trade level training which is covered by the apprenticeship system.
(b) Traineeships (excluding ATS and CST).
(i) Industry/Skill Level A:
Where the accredited training course and work performed are for
the purpose of generating skills which have been defined for
work at industry/skill level A.
+-----------------+-------------+------------+-------------+
|HIGHEST YEAR OF SCHOOLING |
+-----------------+-------------+------------+-------------+
|*School Leaver* | *Year 10* | *Year 11* | *Year 12* |
+-----------------+-------------+------------+-------------+
| | *$* | *$* | *$* |
+-----------------+-------------+------------+-------------+
| |142.00 (50%)*|175.00 (33%)| 244.00 |
| | | | |
| |166.00 (33%) |198.00 (25%)| |
+-----------------+-------------+------------+-------------+
|plus 1 year out | 198.00 | 244.00 | 282.00 |
|of school | | | |
+-----------------+-------------+------------+-------------+
|plus 2 years | 244.00 | 282.00 | 328.00 |
+-----------------+-------------+------------+-------------+
|plus 3 years | 282.00 | 328.00 | 376.00 |
+-----------------+-------------+------------+-------------+
|plus 4 years | 328.00 | 376.00 | |
+-----------------+-------------+------------+-------------+
|plus 5 years/more| 376.00 | | |
+-----------------+-------------+------------+-------------+
* Figures in brackets indicate the average proportion of time
spent on approved training to which the associated wage rate
is applicable. Where not specifically indicated, the average
proportion of time spent in structured training which has been
taken into account in setting the rate is 20%.
(ii) Industry/Skill Level B:
Where the accredited training course and work performed are for
the purpose of generating skills which have been defined for
work at industry/skill Level B.
Highest Year of Schooling Completed
+-------------------+------------+------------+------------+
|HIGHEST YEAR OF SCHOOLING |
+-------------------+------------+------------+------------+
|*School Leaver* | *Year 10* | *Year 11* | *Year 12* |
+-------------------+------------+------------+------------+
| | *$* | *$* | *$* |
+-------------------+------------+------------+------------+
| | 142.00 |175.00 (33%)| 234.00 |
| | (50%)* | | |
| | |198.00 (25%)| |
| |166.00 (33%)| | |
+-------------------+------------+------------+------------+
|plus 1 year out of | 198.00 | 234.00 | 267.00 |
|school | | | |
+-------------------+------------+------------+------------+
|plus 2 years | 234.00 | 267.00 | 313.00 |
+-------------------+------------+------------+------------+
|plus 3 years | 267.00 | 313.00 | 358.00 |
+-------------------+------------+------------+------------+
|plus 4 years | 313.00 | 358.00 | |
+-------------------+------------+------------+------------+
|plus 5 years/more |358.00 | | |
+-------------------+------------+------------+------------+
* Figures in brackets indicate the average proportion of time
spent on approved training to which the associated wage rate
is applicable. Where not specifically indicated, the average
proportion of time spent in structured training which has been
taken into account in setting the rate is 20%.
(iii) Industry/Skill Level C:
Where the accredited training course and work performed are for
the purpose of generating skills which have been defined for
work at industry/skill Level C.
Highest Year of Schooling Completed
+-------------------+------------+------------+-------------+
|HIGHEST YEAR OF SCHOOLING |
+-------------------+------------+------------+-------------+
|*School Leaver* | *Year 10* | *Year 11* | *Year 12* |
+-------------------+------------+------------+-------------+
| | $ | $ | $ |
+-------------------+------------+------------+-------------+
| | 142.00 |175.00 (33%)| 221.00 |
| | (50%)* | | |
| | |198.00 (25%)| |
| |166.00 (33%)| | |
+-------------------+------------+------------+-------------+
|plus 1 year out of | 198.00 | 221.00 | 248.00 |
|school | | | |
+-------------------+------------+------------+-------------+
|plus 2 years | 221.00 | 248.00 | 279.00 |
+-------------------+------------+------------+-------------+
|plus 3 years | 248.00 | 279.00 | 313.00 |
+-------------------+------------+------------+-------------+
|plus 4 years | 279.00 | 313.00 | |
+-------------------+------------+------------+-------------+
|plus 5 years/more | 313.00 | | |
+-------------------+------------+------------+-------------+
* Figures in brackets indicate the average proportion of time
spent on approved training to which the associated wage rate
is applicable. Where not specifically indicated, the average
proportion of time spent in structured training which has been
taken into account in setting the rate is 20%.
(c) For the purposes of this subclause, out of school shall refer only
to periods out of school beyond Year 10, and shall be deemed to:
(i) include any period of schooling beyond Year 10 which was not
part of nor contributed to a completed year of schooling;
(ii) include any period during which a Trainee repeats in whole or
part a year of schooling beyond Year 10; and
(iii) no include any period during a calendar year in which a year
of schooling is completed.
(d) Traineeships (AST and CST only)
Wages for the Australian Traineeship System and Career
Start trainees shall be calculated as follows:-
(i) Australian Traineeship System:
(a) The weekly wage payable to a trainee shall be not less than that
determined by applying the appropriate junior wage per week,
calculated in accordance with subclause (4), of Clause 31. - Wages and
Supplementary Payments, of this Award and multiplying by 39, which
represents actual weeks spent on the job, then dividing that sum by 52
to provide a weekly wage.
(b) In any case, the rate determined shall not be less than the minimum
rate prescribed in the Australian Traineeship guidelines as amended
for time to time.
(ii) Career Start Traineeship:
(a) Determining the hourly rate applicable to a level C13 adult
employee, if 21 years of age or older, or the appropriate junior wage
per week as prescribed in subclause (4), of Clause 31. - Wages and
Supplementary Payments, of this Award;
(b) Multiplying that hourly rate by the number of weekly ordinary
hours, less the average training as specified in the registered
agreement.
(e) Completed Traineeship - Continued Junior Employment
Notwithstanding anything contained elsewhere in this Award, where a
Trainee successfully completes a Traineeship and is a junior
person who is then employed by the same employer performing work
appropriate to the training received pursuant to -
(i) The Traineeship Scheme (excluding the Australian Traineeship
System and a Career Start Traineeship), the qualification outcome
determined by the training programme shall be equated to an
appropriate level within the classification structure described in
Clause 5. - Definitions and Classification Structure, of this
Award, and the wage rate relevant thereto as prescribed in Clause
31. - Wages and Supplementary Payments, of this Award, shall be
the level of wage to which the prescribed age related percentage
appropriate to the junior employee concerned, will be applied to
calculate the weekly rate of wage for such junior employee; or
(ii) The Australian Traineeship System, or the Career Start
Traineeship, the rate of wage prescribed for the level C12
prescribed by Clause 31. - Wages and Supplementary Payments, of
this Award, shall be the level of wage to which the prescribed age
related percentage appropriate to the junior employee concerned,
will be applied to calculate the weekly rate of wage for such
junior employee.
(8) Industry/Skill Levels
The industry skill levels referred to in subclause (7) of this clause
are those described in this subclause.
+----+------------------------------------+
|(a) |Industry/Skill Level A |
+----+------------------------------------+
| | |
+----+------------------------------------+
| |Office Clerical |
+----+------------------------------------+
| | |
+----+------------------------------------+
| |Commonwealth Public Sector Clerical |
+----+------------------------------------+
| | |
+----+------------------------------------+
| |State Public Sector Clerical |
+----+------------------------------------+
| | |
+----+------------------------------------+
| |Local Government Clerical |
+----+------------------------------------+
| | |
+----+------------------------------------+
| |Finance, Property and Business |
| |Services |
+----+------------------------------------+
| | |
+----+------------------------------------+
|(b) |*Industry/Skill Level B* |
+----+------------------------------------+
| | |
+----+------------------------------------+
| |Wholesale and Retail |
+----+------------------------------------+
| | |
+----+------------------------------------+
| |Recreation and Personal Services |
+----+------------------------------------+
| | |
+----+------------------------------------+
| |Transport and Storage |
+----+------------------------------------+
| | |
+----+------------------------------------+
| |Manufacturing |
+----+------------------------------------+
(c) Industry/Skill Level C
Community Services and Health
Pastoral
Environmental
Wholesale and Retail - Vehicle Repair Services and Retail Sector
APPENDIX 1
Old Classifications
(1) (a) The following classification structure provides a reference point
for task and craft based work titles prior to award restructuring. The
following old classifications line up previous wage groups with the new
career path levels. This Appendix will subsequently be deleted by
agreement between the parties.
+----+-------------------------------+------------+
|(b) |C 6 |A1 |
+----+-------------------------------+------------+
| |C 8 |A |
+----+-------------------------------+------------+
| |C 9 |B + C |
+----+-------------------------------+------------+
| |C10 |D |
+----+-------------------------------+------------+
| |C11 |E, F + G |
+----+-------------------------------+------------+
| |C12 |H, I, J + K |
+----+-------------------------------+------------+
| |C13 |L + M |
+----+-------------------------------+------------+
| |C14 |N |
+----+-------------------------------+------------+
| | | |
+----+-------------------------------+------------+
(2) Classification and Wage Groups
+----+----------------------------------------------------------------+---+
| |
| |
+----+----------------------------------------------------------------+---+
|(a) |*General Engineering Section*
| |
+----+----------------------------------------------------------------+---+
| |Assembler window frame making
|J |
+----+----------------------------------------------------------------+---+
| |Brass finisher
|D |
+----+----------------------------------------------------------------+---+
| |Cycle assembler
|M |
+----+----------------------------------------------------------------+---+
| |Cycle mechanic
|H |
+----+----------------------------------------------------------------+---+
| |Examiner
|D |
+----+----------------------------------------------------------------+---+
| |Fitter - refrigeration
|D |
+----+----------------------------------------------------------------+---+
| |Fitter - window frame
|D |
+----+----------------------------------------------------------------+---+
| |Fuel injector fitter
|D |
+----+----------------------------------------------------------------+---+
| |Heat treater
|C |
+----+----------------------------------------------------------------+---+
| |Heat treater - operative
|K |
+----+----------------------------------------------------------------+---+
| |Inspector
|B |
+----+----------------------------------------------------------------+---+
| |Scientific Instrument Maker.
|B |
+----+----------------------------------------------------------------+---+
| |Locksmith
|D |
+----+----------------------------------------------------------------+---+
| |Machinist - first class (tool room)
|C |
+----+----------------------------------------------------------------+---+
| |Machinist
| |
+----+----------------------------------------------------------------+---+
| |- first class
|D |
+----+----------------------------------------------------------------+---+
| |- second class
|H |
+----+----------------------------------------------------------------+---+
| |- third class
|K |
+----+----------------------------------------------------------------+---+
| |Motor cycle mechanic.
|D |
+----+----------------------------------------------------------------+---+
| |Motor cycle assembler (assembling for the first time in
|J |
| |Australia)
| |
+----+----------------------------------------------------------------+---+
| |Motor mechanic
|D |
+----+----------------------------------------------------------------+---+
| |Motor vehicle assembler
|J |
+----+----------------------------------------------------------------+---+
| |Pattern maker
|B |
+----+----------------------------------------------------------------+---+
| |Process employee
|M |
+----+----------------------------------------------------------------+---+
| |Weighing instrument mechanic
| |
+----+----------------------------------------------------------------+---+
| |- full license
|D |
+----+----------------------------------------------------------------+---+
| |- sectional license
|K |
+----+----------------------------------------------------------------+---+
| |Sewing machine mechanic (industrial)
|D |
+----+----------------------------------------------------------------+---+
| |Sewing machine assembler and adjuster
|H |
+----+----------------------------------------------------------------+---+
| |Toolmaker
|B |
+----+----------------------------------------------------------------+---+
| |Tractor and agricultural implement assembler
| |
+----+----------------------------------------------------------------+---+
| |first two years experience
|K |
+----+----------------------------------------------------------------+---+
| |thereafter
|I |
+----+----------------------------------------------------------------+---+
| |Mechanical Tradesman (Special Class)
|A |
+----+----------------------------------------------------------------+---+
| |Tradesman
|D |
+----+----------------------------------------------------------------+---+
| |Viewer
|K |
+----+----------------------------------------------------------------+---+
| |
| |
+----+----------------------------------------------------------------+---+
|(b) |*Electrical Section*
| |
+----+----------------------------------------------------------------+---+
| |Automotive electrical fitter
|D |
+----+----------------------------------------------------------------+---+
| |Battery attendants
|M |
+----+----------------------------------------------------------------+---+
| |Battery fitter
|D |
+----+----------------------------------------------------------------+---+
| |Electrical fitter and/or armature winder
|D |
+----+----------------------------------------------------------------+---+
| |Electrical fitter's assistant
|M |
+----+----------------------------------------------------------------+---+
| |Electrical installer
|D |
+----+----------------------------------------------------------------+---+
| |Electrical installer's assistant
|M |
+----+----------------------------------------------------------------+---+
| |Electrician in charge of an electrical supply undertaking
|B |
+----+----------------------------------------------------------------+---+
| |Electrician special class
|A |
+----+----------------------------------------------------------------+---+
| |Electronics Tradesman
|A1 |
+----+----------------------------------------------------------------+---+
| |Linesman
| |
+----+----------------------------------------------------------------+---+
| |Grade 1, i.e. with not less than 3 years' experience as a
|D |
| |linesman
| |
+----+----------------------------------------------------------------+---+
| |Grade 2, i.e. with less than 3 years' experience as a linesman
|E |
+----+----------------------------------------------------------------+---+
| |Motor attendant
|L |
+----+----------------------------------------------------------------+---+
| |Process employee
|M |
+----+----------------------------------------------------------------+---+
| |Switchboard attendant
|H |
+----+----------------------------------------------------------------+---+
| |
| |
+----+----------------------------------------------------------------+---+
|(c) |*Electroplating Section*
| |
+----+----------------------------------------------------------------+---+
| |Electroplater -
| |
+----+----------------------------------------------------------------+---+
| |first class
|D |
+----+----------------------------------------------------------------+---+
| |second class
|H |
+----+----------------------------------------------------------------+---+
| |Polisher
|K |
+----+----------------------------------------------------------------+---+
| |Wet process operative
|M |
+----+----------------------------------------------------------------+---+
| |
| |
+----+----------------------------------------------------------------+---+
|(d) |*Boilermaking and Ship Construction Section*
| |
+----+----------------------------------------------------------------+---+
| |Boilersmith and/or angle iron smith
|C |
+----+----------------------------------------------------------------+---+
| |Driller using portable machines
|F |
+----+----------------------------------------------------------------+---+
| |Driller using stationary machines
|M |
+----+----------------------------------------------------------------+---+
| |Place setter and frame bender
|C |
+----+----------------------------------------------------------------+---+
| |Tradesman
|D |
+----+----------------------------------------------------------------+---+
| |Tradesman: the greater part of whose time is occupied in
marking|C |
| |off and/or template making.
| |
+----+----------------------------------------------------------------+---+
| |
| |
+----+----------------------------------------------------------------+---+
|(e) |*Steel Construction Section including nut, bolt and spike
| |
| |making*
| |
+----+----------------------------------------------------------------+---+
| |Machinist -
| |
+----+----------------------------------------------------------------+---+
| |first class
|K |
+----+----------------------------------------------------------------+---+
| |second class
|M |
+----+----------------------------------------------------------------+---+
| |Tradesman
|D |
+----+----------------------------------------------------------------+---+
| |Tradesman: the greater part of whose time is occupied in
marking|C |
| |off and/or template making
| |
+----+----------------------------------------------------------------+---+
| |
| |
+----+----------------------------------------------------------------+---+
|(f) |*Welding Section*
| |
+----+----------------------------------------------------------------+---+
| |Welder -
| |
+----+----------------------------------------------------------------+---+
| |first class
|D |
+----+----------------------------------------------------------------+---+
| |second class
|K |
+----+----------------------------------------------------------------+---+
| |third class
|L |
+----+----------------------------------------------------------------+---+
| |fourth class
|M |
+----+----------------------------------------------------------------+---+
| |
| |
+----+----------------------------------------------------------------+---+
|(g) |*Foundry Section*
| |
+----+----------------------------------------------------------------+---+
| |Annealing stove attendant
|K |
+----+----------------------------------------------------------------+---+
| |Assistant furnace operator
|L |
+----+----------------------------------------------------------------+---+
| |Core stove or oven attendant
| |
+----+----------------------------------------------------------------+---+
| |Dresser and/or fettler and/or grinder
|K |
+----+----------------------------------------------------------------+---+
| |Dresser and/or fettler and/or grinder when using a portable
|K |
| |machine
| |
+----+----------------------------------------------------------------+---+
| |Employee directly assisting tradesman
|L |
+----+----------------------------------------------------------------+---+
| |Furnace operator -
| |
+----+----------------------------------------------------------------+---+
| |Cupola
|H |
+----+----------------------------------------------------------------+---+
| |Electric
|H |
+----+----------------------------------------------------------------+---+
| |Other
|I |
+----+----------------------------------------------------------------+---+
| |Jobbing coremaker
|D |
+----+----------------------------------------------------------------+---+
| |Jobbing moulder
|D |
+----+----------------------------------------------------------------+---+
| |Plate or machine moulder and/or coremaker -
| |
+----+----------------------------------------------------------------+---+
| |first six months' experience
|M |
+----+----------------------------------------------------------------+---+
| |second six months' experience
|L |
+----+----------------------------------------------------------------+---+
| |third six months' experience
|K |
+----+----------------------------------------------------------------+---+
| |Thereafter
|H |
+----+----------------------------------------------------------------+---+
| |(experience includes experience as a moulder or coremaker |
|
| |whether jobbing or machine and whether as a junior or an adult)
| |
+----+----------------------------------------------------------------+---+
| |Shot blast and sand blast dresser -
| |
+----+----------------------------------------------------------------+---+
| |(i) who is not protected from flying shot and sand by a
properly|I |
| |enclosed cabin
| |
+----+----------------------------------------------------------------+---+
| |(ii)who is so protected
|L |
+----+----------------------------------------------------------------+---+
| |Tapper out
|L |
+----+----------------------------------------------------------------+---+
| |
| |
+----+----------------------------------------------------------------+---+
|(h) |*Wrought Pipe Section*
| |
+----+----------------------------------------------------------------+---+
| |Faucet maker in charge of furnace
|J |
+----+----------------------------------------------------------------+---+
| |Machine operator in charge of machine
|K |
+----+----------------------------------------------------------------+---+
| |Employee assisting furnace faucet maker
|M |
+----+----------------------------------------------------------------+---+
| |Employee on tar dip and sand rolling
|M |
+----+----------------------------------------------------------------+---+
| |Pipe building
|K |
+----+----------------------------------------------------------------+---+
| |Pipe rounder
|K |
+----+----------------------------------------------------------------+---+
| |
| |
+----+----------------------------------------------------------------+---+
|(i) |*Smith Section*
| |
+----+----------------------------------------------------------------+---+
| |Blacksmith's striker
|M |
+----+----------------------------------------------------------------+---+
| |Blacksmith
|D |
+----+----------------------------------------------------------------+---+
| |Coppersmith
|D |
+----+----------------------------------------------------------------+---+
| |Forge furnace operator
|F |
+----+----------------------------------------------------------------+---+
| |Hammer driver
|L |
+----+----------------------------------------------------------------+---+
| |
| |
+----+----------------------------------------------------------------+---+
|(j) |*Iron Working and General Section*
| |
+----+----------------------------------------------------------------+---+
| |Assistant furnace operator
|M |
+----+----------------------------------------------------------------+---+
| |Attendant at small rivet heating or bolt heating or similar
type|M |
| |of fires
| |
+----+----------------------------------------------------------------+---+
| |Bender of iron and steel frames used for reinforcing concrete
|M |
+----+----------------------------------------------------------------+---+
| |Boiler (inside) cleaner and chipper
|K |
+----+----------------------------------------------------------------+---+
| |Cold saw operator
|K |
+----+----------------------------------------------------------------+---+
| |Crane attendant and dogman
|K |
+----+----------------------------------------------------------------+---+
| |Crane driver - overhead cabin controlled
|H |
+----+----------------------------------------------------------------+---+
| |Dresser and/or fettler and/or grinder
|L |
+----+----------------------------------------------------------------+---+
| |Dresser and/or fettler and/or grinder when using portable
|K |
| |machine
| |
+----+----------------------------------------------------------------+---+
| |Friction saw operator
|M |
+----+----------------------------------------------------------------+---+
| |Furnace operator
|J |
+----+----------------------------------------------------------------+---+
| |Lagger -
| |
+----+----------------------------------------------------------------+---+
| |first six months' experience
|M |
+----+----------------------------------------------------------------+---+
| |second and third six months' experience
|L |
+----+----------------------------------------------------------------+---+
| |fourth and fifth six months experience
|K |
+----+----------------------------------------------------------------+---+
| |Thereafter
|J |
+----+----------------------------------------------------------------+---+
| |Painter of iron work (other than coach painter and ship
painter)|K |
| |- using brush or spray
| |
+----+----------------------------------------------------------------+---+
| |Rigger and splicer or scaffolder on ships and buildings -
| |
+----+----------------------------------------------------------------+---+
| |(i) Certificated rigger or scaffolder
|E |
+----+----------------------------------------------------------------+---+
| |(ii)Rigger or scaffolder (other)
|G |
+----+----------------------------------------------------------------+---+
| |(iii) A certificated rigger or scaffolder, other than a leading
| |
| |handwho, is compliance with the provisions of the regulations
| |
| |made pursuant to the Construction Safety Act, 1972, is
| |
| |responsible for the supervision of not less than three
employees| |
| |shall be deemed a leading hand and shall be paid the additional
| |
| |rate prescribed in subparagraph (i) of paragraph (a) of
| |
| |subclause (3) of this clause
| |
+----+----------------------------------------------------------------+---+
| |Rigger and splicer or scaffolder other than on ships and
|H |
| |buildings
| |
+----+----------------------------------------------------------------+---+
| |Shot blast and sand blast dresser -
| |
+----+----------------------------------------------------------------+---+
| |(i) who is not protected from flying shot and sand by a
properly|I |
| |enclosed cabin
| |
+----+----------------------------------------------------------------+---+
| |(ii) who is so protected
|M |
+----+----------------------------------------------------------------+---+
| |Tool and material storeman
|I |
+----+----------------------------------------------------------------+---+
| |
| |
+----+----------------------------------------------------------------+---+
|(k) |*Tradesman's Assistant Section*
| |
+----+----------------------------------------------------------------+---+
| |(i) Employees directly assisting tradesman not elsewhere
|M |
| |classified
| |
+----+----------------------------------------------------------------+---+
| |(ii) Tradesman's assistants who from time to time are required
|L |
| |to do rigging work (other than as an assistant rigger) or who
| |
| |uses a grinding machine
| |
+----+----------------------------------------------------------------+---+
| |
| |
+----+----------------------------------------------------------------+---+
|(l) |*Industrial Gases Section*
| |
+----+----------------------------------------------------------------+---+
| |Oxygen plant operator
|F |
+----+----------------------------------------------------------------+---+
| |Acetylene plant or other gas plant Operator
|H |
+----+----------------------------------------------------------------+---+
| |General process hand
|K |
+----+----------------------------------------------------------------+---+
| |
| |
+----+----------------------------------------------------------------+---+
|(m) |*Labourer*
|N |
+----+----------------------------------------------------------------+---+
| |
| |
+----+----------------------------------------------------------------+---+
|(n) |*Industrial Instrumentation Section*
| |
+----+----------------------------------------------------------------+---+
| |Instrument Tradesman
|B |
+----+----------------------------------------------------------------+---+
| |Instrument Tradesman- Complex Systems
|A |
+----+----------------------------------------------------------------+---+
| |Instrumentation and Controls Tradesman
|A1 |
+----+----------------------------------------------------------------+---+
| |
| |
+----+----------------------------------------------------------------+---+
(3) ABB Australia Pty Ltd:
+----------------------------------------------------------+-----+
|Coil winder - first class (Appendix 3) |D |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Transformer assembler - first class (Appendix 3) |D |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Coil winder - second class (Appendix 3) |E |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Transformer assembler - second class (Appendix 3) |F |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Transformer protective coating employee - first class |F |
|(Appendix 3) | |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Insulation processor - first class (Appendix 3) |G |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Coil winder - third class (Appendix 3) |H |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Insulation processor - second class (Appendix 3) |H |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Coil winder - fourth class (Appendix 3) |J |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Transformer assembler - third class (Appendix 3) |J |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Transformer tanker - first class (Appendix 3) |J |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Transformer protective coating employee - second class |J |
|(Appendix 3) | |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Core builder - first class (Appendix 3) |K |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Core builder - second class (Appendix 3) |M |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Insulation processor - third class (Appendix 3) |M |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Transformer assembler - fourth class (Appendix 3) |M |
+----------------------------------------------------------+-----+
| | |
+----------------------------------------------------------+-----+
|Transformer tanker - second class (Appendix 3) |M |
+----------------------------------------------------------+-----+
APPENDIX 2
Old Definitions
*General Engineering:*
*Process employee* means an employee engaged on repetition work on any
automatic, semi-automatic, or single-purpose machine, or machine fitted
with jigs, gauges, or other tools rendering operations, mechanical; or on
the assembling of parts of mechanical appliances or other metallic
articles so made; or on any repetitive hand processes.
*Inspector* means a tradesman who is engaged to inspect components while in
production or upon completion as to their conformity with a specified
standard of quality and accuracy and who is authorised to exercise and
does exercise a discretion to pass components which may not conform to
that standard.
*Examiner* means a tradesman other than one employed as an inspector who is
engaged to inspect components while in production or upon completion as to
their conformity with a specified standard of quality and accuracy.
*Viewer* means an employee who by means of fixed gauges is engaged to
inspect components while in production or upon completion as to their
conformity with a specified standard of quality and accuracy.
*Tradesman* means an employee who in the course of employment works from
drawings or prints, or makes precision measurements or applies general
trade experience, but does not include an apprentice.
*Patternmaker* means a tradesman who makes patterns of wood or metal but
does not include a tradesman engaged on the finishing (whether by filing
or otherwise) or fitting of metal patterns unless the employee is
otherwise entitled to be classified as a patternmaker.
*Toolmaker* means a tradesman making or repairing any precision tool,
gauge, die or mould to be affixed to any machine, who designs or lays out
work and is responsible for its proper completion.
*First-class machinist (tool room)* means a tradesman who, for the greater
part of his time, is engaged in or in connection with the making of
precision tools, gauges, dies or moulds to be affixed to any machine.
*First-class machinist* means a tradesman who is engaged in setting up or
in setting up and operating the following machines: lathe, boring machine,
milling machine, planing machine, shaping machine, slotting machine and
grinding machine.
*Second-class machinist* means an employee who is engaged in operating, or
setting up and operating a key setting machine or any machine enumerated
in the definition of first-class machinist, and includes an employee
engaged as a pipe fitter on low pressure work but does not include an
employee who is engaged as a tradesman.
*Third-class machinist* means an employee who operates any machine set up
by a tradesman or any machine the setting up of which does not require the
knowledge or skill of a second-class machinist, but does not include a
process employee.
*Locksmith* means a tradesman engaged in the making or repairing of locks
and the mechanism of safe and strongroom doors.
*Heat treater* means a tradesman who is required to apply general trade
experience as a heat treater and who carries out the operation of heat
treatment to produce in the materials treated such requirements as
hardness, toughness, ductility, resistance to abrasion, elasticity,
tensile strength, machinability and resistance to creep, and who works to
limits in size, shape and straightness in tool work.
*Heat treater operative* means an employee who is engaged under supervision
in hardening, case-hardening or tempering metal components by any process
and in taking pyrometer temperature readings and who adjusts furnace
temperatures to instructions.
*Automotive electrical fitter* means an employee engaged in the manufacture
and repair of the starting, lighting and ignition equipment of motor
vehicles (including motor cycles).
*Motor mechanic* means an employee engaged in assembling (except for the
first time in Australia), making, repairing, altering or testing the metal
parts (including electric) of the engines or chassis of motor vehicles
other than motor cycles.
*Motor cycle mechanic* means an employee engaged in assembling (except for
the first time in Australia), making, repairing, altering or testing the
metal parts (including electric) of the engines, frames or chassis of
motor cycles and side cars.
*Motor vehicle assembler* means an employee engaged in assembling and
putting together the parts of a motor vehicle as received from the maker
but does not include an employee altering or adjusting such parts.
*Cycle mechanic* means an employee engaged in assembling (except for the
first time in Australia), building, brazing, repairing, altering or
testing the metal parts of a pedal cycle.
*Cycle assembler* means an employee engaged in assembling, putting together
and adjusting the parts of a pedal cycle as received from the maker.
*Lagger* means an employee engaged in mixing or fixing lagging on the job
including the application of any thermal insulating material by any means
and the fixing of protective coverings of canvas, sheet metals, fabrics,
plastics, bituminous fibre glass and asbestos felt or other similar
materials to such insulation.
*Weighing instrument mechanic* means a tradesman who is qualified in the
assembling, installation, calibration and repairing of weighing
instruments and ancillary equipment required for the complete operation of
such instruments, and is a person who holds the appropriate license issued
in accordance with the W.A. Weights and Measures Act and Regulations.
*Mechanical Tradesperson - Special Class* means subject to paragraph (c)
hereunder, a mechanical tradesperson who -
(a) (i) is engaged in work on or in connection with fluid power
circuitry, which work requires for its performance the standard of
knowledge and skills referred to in subparagraphs (iii) and (iv)
hereof; and
(ii) is able, where necessary and practicable, to perform such work
without supervision and to examine, diagnose and modify systems
comprising interconnected fluid power circuits; and
(iii) has satisfactorily completed the following TAFE units:
+------------------------------------------+---------------+
| | |
+------------------------------------------+---------------+
|*Course* |*Syllabus No.* |
+------------------------------------------+---------------+
| | |
+------------------------------------------+---------------+
|Industrial Hydraulics 1 |85007 |
+------------------------------------------+---------------+
|And | |
+------------------------------------------+---------------+
|Industrial Pneumatics 1 |85009 |
+------------------------------------------+---------------+
|and either | |
+------------------------------------------+---------------+
|Industrial Hydraulics 2 |85008 |
+------------------------------------------+---------------+
|And | |
+------------------------------------------+---------------+
|Hydraulic Component Repair |85012 |
+------------------------------------------+---------------+
|Or | |
+------------------------------------------+---------------+
|Pneumatic System Maintenance (Industrial) |85010 |
+------------------------------------------+---------------+
|And | |
+------------------------------------------+---------------+
|Pneumatic System Control (Industrial) |85014; |
+------------------------------------------+---------------+
|Or | |
+------------------------------------------+---------------+
(iv) has, whether through practical experience or otherwise,
achieved a standard of knowledge comparable to that which would be
achieved under subparagraph (iii) hereof or in the case of a
dispute has been satisfactorily assessed and/or examined pursuant
to the Fluid Power Exemptions Course detailed in paragraph (d);
but does not include such an employee unless the work on which
the employee is engaged requires for its performance knowledge
in excess of that gained by the satisfactory completion of the
appropriate Technical College Trade course.
(b) For the purpose of this award an employee shall be deemed to be a
Mechanical Tradesperson - Special Class only for the time during which
the employee meets the foregoing conditions unless -
(i) that time exceeds sixteen hours per week; or
(ii) in the opinion of his/her employer or, in the event of
disagreement, in the opinion of the Board of Reference, that time
is likely during the course of employment to exceed sixteen hours
per week on average.
in which case the employee shall be classified as Mechanical
Tradesperson - Special Class for as long as the employment
continues on either of those bases.
(c) For the purpose of this definition, employees who have completed
courses in any other state shall, in the event of a dispute, submit
their credentials for assessment by TAFE or be assessed in accordance
with (a)(iv) above.
(d) Fluid Power Exemptions Course
Course exemptions for Fluid Power Certificate Units can only be
granted on completion of the TAFE divisional exam. However, class
attendance exemptions may be granted for the following reasons:
(i) Attending Short Vocational course (30 hours). This will exempt
the student from the practical component of the course. However,
the theory component can be completed by 24 hour correspondence
course with TAFE External Studies.
(ii) Students claiming exemption from the practical course
requirements due to their industrial skills, could obtain an
exemption through a documented case presented by their employer.
Full course accreditation can then be obtained by completing the
24 hour correspondence course with TAFE External Studies.
(iii) Students without documented evidence may obtain a practical
exemption through 5 hours skill testing. These students, if
successful, may then enter the correspondence mode to obtain full
unit accreditation.
(iv) Students who have claimed subject exemptions in the
certificate of workshop technology, can only gain an automatic
exemption from the introductory units on full completion of the
certificate.
(e) For the purposes of this definition, fluid power circuitry involves
Industrial Hydraulics and/or Industrial Pneumatics.
*Electrical:*
*Electrical fitter* means an employee engaged in making, repairing,
altering, assembling, testing, winding, or wiring electrical
machines, instruments, meters, or other apparatus, other than
wires leading thereto, but an employee shall not be deemed to be
an electrical fitter -
(a) solely by reason of the fact that this work consists of placing
electrodes in Neon tubes sealed by the employee; or
(b) if the employee is employed as a meter tester.
*Electrical installer* means an employee engaged in the
installation of electric lighting, electric meters, bells,
telephones or motors and apparatus used in connection therewith
and includes an employee engaged in running, repairing or testing
of conductors used for lighting, heating or power purposes but
does not include an employee who is a linesman or a meter fixer.
*Linesman* means an employee engaged (with or without labourers
assisting), in erecting poles for electrical wires, cables or
other conductors, or erecting wires, cables or other conductors on
poles or over buildings, or tying them to insulators, or joining
or insulating them, or doing any work on electrical poles off the
ground.
*Motor attendant* means an employee who is wholly engaged in
stopping or starting motors or oiling or cleaning motors.
*Switchboard attendant* means an employee attending to, in charge
of, or doing any work (other than repairs or additions) necessary
for the working of, any switchboard.
*Battery fitter* means an employee engaged in the erection,
overhauling and repairing of storage batteries.
*Battery attendant* means an employee who carries out testing,
topping up, cleaning, charging, discharging, removing and
replacing of storage batteries.
*Electrician - Special Class* means, subject to paragraph (c)
hereunder, an electrical fitter or electrical installer who
(a) (i) has satisfactorily completed a prescribed post trade course in
industrial electronics; or
(ii) has, whether through practical experience or otherwise,
achieved a standard or knowledge comparable to that which would be
achieved under subparagraph (i) hereof; and
(b) (i) is engaged on work on or in connection with complicated or
intricate circuitry, which work requires for its performance the
standard of knowledge referred to in paragraph (a) hereof; and
(ii) is able, where necessary and practicable, to perform such work
without supervision and to examine, diagnose and modify systems
comprising inter-connected circuits, but does not include such an
employee unless the work on which the employee is engaged requires
for its performance knowledge in excess of that gained by the
satisfactory completion of the appropriate Technical College trade
course.
but does not include such an employee unless the work on which
the employee is engaged requires for its performance knowledge
in excess of that gained by the satisfactory completion of the
appropriate Technical College Trade course.
(c) For the purpose of this award an employee shall be deemed to be an
Electrician - Special Class only for the time during which the
employee meets the foregoing conditions, unless -
(i) that time exceeds sixteen hours per week; or
(ii) in the opinion of his employer or, in the event of
disagreement, in the opinion of the Board of Reference, that time
is likely during the course of employment to exceed sixteen hours
per week on average
in which case the employee shall be classified as Electrician -
Special Class for as long as the employment continues on
either of those bases.
(d) In the event of disagreement about the implementation of this
Electrician - Special Class provision, a Board of Reference shall
determine the matter.
(e) For the purpose of this definition the following courses are deemed
to be prescribed post trade courses in industrial electronics -
(i) Post Trade Industrial Electronics Course of the N.S.W.
Department of Technical Education.
(ii) The Industrial Electronics Course (Grades 1 and 2) as approved
by the Education Department of Victoria.
(iii) The Industrial Electronics Course of the South Australian
School of Electrical Technology.
(iv) Industrial Electronics (Course (C)) of the Department of
Education, Queensland.
(v) The Industrial Electronics Course of the Technical Education
Department of Tasmania.
(vi) The Certificate in Industrial Electronics of the Technical
Education Division, Education Department of Western Australia.
*Electronics tradesman* means an electrical tradesman working
at a level beyond that of electrician special class and who is
mainly engaged in applying knowledge and skills to the tasks
of installing, repairing, maintaining, servicing, modifying,
commissioning, testing, fault finding and diagnosing of
various forms of machinery and equipment which are
electronically controlled by complex digital and/or analogue
control systems utilising integrated circuitry. The
application of this skill and knowledge would require an
overall understanding of the operating principles of the
systems and equipment on which the tradesman is required to
carry out his tasks.
To be classified as an electronics tradesman, a tradesman must
have at least three years on the job experience as a tradesman
in electronics systems utilising integrated circuits and in
addition must have satisfactorily completed a post trades
course in electronics equivalent to at least two years part
time study.
In addition, to be classified as an electronics tradesman, a
tradesman must be capable of;
(a) maintaining and repairing multi-function printed circuitry using
circuit diagrams and test equipment;
(b) working under minimum supervision and technical guidance;
(c) providing technical guidance within the scope of the work described
in this definition;
(d) preparing reports of a technical nature on specific tasks or
assignments as directed and within the scope of the work described in
this definition.
Electroplating:
*Electroplater - first class* means an employee who maintains the
solutions used and is responsible for the electroplating of ware.
*Electroplater - second class* means an employee who is mainly
engaged on electroplating (including work on the barrel-plating
system), but who is not responsible for the solutions used.
*Wet process operative* means an employee engaged in repetition
work in any electroplating or allied wet process.
Boilermaking and Ship Construction:
*Boilermaking and ship construction* means the fabrication,
erection, or repairing of steel or iron ships or of boilers or
other vessels subject to greater pressure than the weight of their
contents, but does not include drilling by stationary machines.
*Tradesman* means an employee who is required to develop work from
scaled drawings or prints, or to make templates, or to apply
general trade experience without the guidance of a foreman or
other tradesman, and includes an employee engaged in riveting by
hand or machine, caulking, chipping, and working rivet busters.
Steel Construction:
*Tradesman* means an employee who is required to develop work from
scaled drawings or prints, or to make templates, or to apply
general trade experience without the guidance of a foreman or
other tradesman, and includes an employee engaged in riveting by
hand or machine, caulking, chipping, and working rivet busters.
*First-class machinist* means an employee engaged solely in working
one or more of the following machines: - Bending rollers, gag
straight liners, guillotines, shearing machines, hydraulic presses
of over two hundred and three tonnes pressure, portable drillers,
portable reamers and tappers.
*Second-class machinist* means an employee engaged solely in
operating one or more of the following machines:- Mangling,
nipping and notching, roll straightening, punching, cropping,
hydraulic presses of two hundred and three tonnes pressure or
under, stationary drillers, stationary reamers and tappers, cold
saw, friction saw, plate-edge planers, and other machines.
Welding:
*First-class welder* means an employee using electric arc or petrol
or coal gas blow pipe on any work other than that of a second,
third or fourth class welder as defined.
*Second-class welder* means an employee who-
(a) uses any of the foregoing types of welding apparatus in filling
castings; or
(b) welds with the aid of jigs; or
(c) operates automatic welding machines for the setting up of which the
employer is not responsible; or
(d) operates a profile cutting or a straight line cutting machine.
*Third-class welder* means an employee who uses any of the
foregoing types of welding apparatus in tacking preparatory to the
completion of work by any other employee.
*Fourth-class welder* means an employee using an electric spot or
butt-welding machine, or cutting scrap with oxy-acetylene blow
pipe, petrol or coal gas blow pipe.
Foundry:
*Jobbing coremaker* means a moulder engaged in making cores for
metal moulds by the use of loam or strickle boards, or by loose
boxes, other than loose boxes used for repetition production of
cores requiring little or no skill to produce.
*Jobbing moulder* means a metal moulder engaged in floor moulding,
loam moulding, strickle moulding or moulding from loose patterns.
*Machine coremaker* means an employee making cores by machines
where the core box is a fixture to or part of such machine, or
making repetition cores requiring little or no skill to produce.
*Plate or machine moulder* means an employee engaged in moulding on
the plate system or by machines where the pattern is either a
fixture to the plate or the spray system is used.
Industrial Instrumentation:
*Instrument tradesman* means a tradesman who is mainly engaged in
installing, repairing, maintaining, servicing, industrial
instruments and control systems.
An instrument tradesman will have completed an apprenticeship the
greater part of which involved industrial instrumentation, or
alternatively can demonstrate a knowledge and understanding of
industrial instrumentation and can apply that knowledge and
understanding to the tasks assigned by the employer. The required
knowledge and understanding would have been gained by undertaking
a formal training course run by a State Education Department or
Technical Education Department or its equivalent or by at least 12
months on the job experience as a tradesman at instrument work.
*Instrument tradesman - complex systems* means an instrument
tradesman who is mainly engaged in installing, repairing,
maintaining, servicing, testing, modifying, commissioning,
calibrating and fault finding instruments which make up a complex
control system which utilises some combination of electrical,
electronic, mechanical, hydraulic and pneumatic principles.
To be classified as an instrument tradesman - complex systems a
tradesman will have:
(i) Had a minimum of two years on the job experience as a tradesman
working predominantly on complex and/or intricate instruments and
instrument systems as will enable him to perform such work under
minimum supervision and technical guidance, and;
(ii) Satisfactorily completed an appropriate post trade course
equivalent to at least two years part time study or has achieved
to the satisfaction of the employer a comparable standard of skill
and knowledge by other means including in-plant training or on the
job experience referred to in (i) above.
*Instrumentation and controls tradesman* means an instrument
tradesman working at a level beyond that of instrument
tradesman - complex systems and who is mainly engaged in
applying skills and knowledge to installing, repairing,
maintaining, servicing, testing, modifying, commissioning,
calibrating, and fault finding industrial instruments which
make up a complex control system which utilises some
combination of electrical, mechanical, hydraulic and pneumatic
principles and electronic circuitry containing complex
analogue and/or digital control systems utilising integrated
circuitry.
The application of this skill and knowledge would require an
overall understanding of the operating mode or principles of
the various types of measurement and control devices on which
the tradesman is required to perform tasks. To be classified
as an instrumentation and controls tradesman a tradesman must
have at least three years' on the job experience as a
tradesman - 12 months of which must be at the level of
instrument tradesman - complex systems and in addition must
have completed a related post-trades course equivalent to at
least two years part time study.
In addition, to be classified as an instrumentation and
controls tradesman, a tradesman must be capable of:
(i) Maintaining and repairing multi-function printed circuitry of
the type described in this definition using circuit diagrams and
test equipment.
(ii) Working under minimum supervision and technical guidance.
(iii) Providing technical guidance within the scope of the work
described in the definition.
(iv) Preparing reports of a technical nature on specific tasks or
assignments as directed and within the scope of the work described
in this definition.
APPENDIX 3
ABB AUSTRALIA PTY LTD
1. -- SCOPE
The provisions of this Appendix shall apply only to those employees
employed by ABB Australia Pty Ltd and engaged in the callings referred to
herein.
2. -- DEFINITIONS
*Coil Winder - Fourth Class* means an employee employed as such by ABB
Australia Pty Ltd and who, under supervision, is engaged in winding coils.
*Coil Winder - Third Class* means an employee employed as such by ABB
Australia Pty Ltd and who has had a minimum of six months' experience as a
coil winder - fourth class and under supervision winds coils of any size
or category commonly manufactured by the distribution transformer industry.
*Coil Winder - Second Class* means an employee employed as such by ABB
Australia Pty Ltd and who has had a minimum of three years' experience as
a coil winder - third class and is competent to wind all categories of
coils generally manufactured by the distribution transformer industry.
*Coil Winder - First Class* means an employee employed as such by ABB
Australia Pty Ltd and who has had either -
(a) a minimum of two years' experience as a coil winder - second class
and is competent and required to wind section and helical coils,
continuous, spiral and interleaved disc coils; or
(b) on engagement has a minimum of five years' continuous experience in
the power transformer industry and is competent and required to wind
section and helical coils, continuous, spiral and interleaved disc
coils.
*Core Builder - Second Class* means an employee employed as such by
ABB Australia Pty Ltd either -
(a) in stacking core laminations to produce cores of any size, provided
that in the case of a female employee the size of a core shall not
exceed 3 MVA; or
(b) in the production of single phase wound cores on a core winding
machine.
*Core Builder - First Class* means an employee employed as such by
ABB Australia Pty Ltd and who has had a minimum of one year's
experience as a core builder - second class and is competent
either -
(a) in stacking core laminations on all transformers provided that in
the case of a female employee the size of the transformer shall not
exceed 3 MVA; or
(b) in the production of three phase wound cores on a core winding
machine.
*Insulation Processor - Third Class* means an employee employed as
such by ABB Australia Pty Ltd and who under supervision is
training as an insulation processor - second class.
*Insulation Processor - Second Class* means an employee employed as
such by ABB Australia Pty Ltd and who has had a minimum of one
year's experience as an insulation processor - third class and
produces, under supervision, all the insulation components
required for coil winding and assembly of any transformer.
*Insulation Processor - First Class* means an employee employed as
such by ABB Australia Pty Ltd and who has had a minimum of two
years' experience as an insulation processor - second class and is
competent and required -
(a) to produce from drawings all insulation components for coil winding
and assembly of any transformer; and
(b) to operate such equipment as is necessary to produce that
insulation.
*Transformer Assembler - Fourth Class* means an employee employed
as such by ABB Australia Pty Ltd and who under supervision
assembles transformers.
*Transformer Assembler - Third Class* means an employee employed as
such by ABB Australia Pty Ltd and who has had a minimum of six
months' experience in assembling transformers as a transformer
assembler - fourth class and is competent and required to assemble
any transformer under 1500 KVA from drawings and under supervision
any other size transformer as required.
*Transformer Assembler - Second Class* means an employee employed
as such by ABB Australia Pty Ltd and who has had a minimum of two
years' experience in assembling transformers as a transformer
assembler - third class and is competent and required to assemble
from drawings any transformer under 5 MVA 66 KV off load
tapchanger range and under instruction assembles any other size
transformer as required.
*Transformer Assembler - First Class* means an employee employed as
such by ABB Australia Pty Ltd and who has had either -
(a) a minimum of three years' experience as a transformer assembler -
second class; or
(b) five years' continuous experience in the power transformer industry,
and is competent and required to assemble on load tapchanger range
transformers and any transformer of a minimum of 5 MVA 66 KV off
load tapchanger range.
*Transformer Tanker - Second Class* means an employee employed as
such by ABB Australia Pty Ltd and who under supervision tanks
distribution transformers.
*Transformer Tanker - First Class* means an employee employed as
such by ABB Australia Pty Ltd and who has had a minimum of six
months' experience in tanking distribution transformers as a
transformer tanker - second class and is competent and required to
tank all transformers up to 1500 KVA and under supervision any
other size transformer as required.
*Transformer Protective Coating Employee - Second Class* means an
employee employed by ABB Australia Pty Ltd and engaged under
supervision in the protective coating of all components used in
the manufacture of transformers.
*Transformer Protective Coating Employee - First Class* means an
employee employed by ABB Australia Pty Ltd and who has had a
minimum of two years' experience as a transformer protective
coating employee - second class and is competent and required to
protective coat by any means all components used in the
manufacture of transformers.
3. - WAGES
(a) The minimum total wage payable weekly to adult employees classified
herein shall be as follows:
+--------------------+-----------+-------------+------------+-----------+
| |Base Rate |Supplementary|Arbitrated |Total
Rate |
| |Per Week $ |Payment $ |Safety Net |Per
Week $ |
| | | |Adjustment $|
|
+--------------------+-----------+-------------+------------+-----------+
| | | | |
|
+--------------------+-----------+-------------+------------+-----------+
|Adult Employees: | | | |
|
+--------------------+-----------+-------------+------------+-----------+
| | | | |
|
+--------------------+-----------+-------------+------------+-----------+
|Wage Group C10 |365.20 |52.00 |161.00
|578.20 |
| | | | |
|
|Coil Winder 1st | | | |
|
|Class | | | |
|
| | | | |
|
|Transformer | | | |
|
|Assembler | | | |
|
| | | | |
|
|1st Class | | | |
|
+--------------------+-----------+-------------+------------+-----------+
| | | | |
|
+--------------------+-----------+-------------+------------+-----------+
|Wage Group C11 |337.40 |48.10 |159.00
|544.50 |
| | | | |
|
|Coil Winder 2nd | | | |
|
|Class | | | |
|
| | | | |
|
|Transformer | | | |
|
|Assembler | | | |
|
| | | | |
|
|2nd Class | | | |
|
| | | | |
|
|Transformer | | | |
|
|Protective | | | |
|
| | | | |
|
|Coating 1st Class | | | |
|
| | | | |
|
|Insulation Processor| | | |
|
| | | | |
|
|1st Class | | | |
|
+--------------------+-----------+-------------+------------+-----------+
| | | | |
|
+--------------------+-----------+-------------+------------+-----------+
|Wage Group C12 |319.20 |45.40 |159.00
|523.60 |
| | | | |
|
|Coil Winder 3rd & | | | |
|
|4thClass | | | |
|
| | | | |
|
|Core Builder 1st | | | |
|
|Class | | | |
|
| | | | |
|
|Insulation Processor| | | |
|
| | | | |
|
|2nd Class | | | |
|
| | | | |
|
|Transformer | | | |
|
|Protective | | | |
|
| | | | |
|
|Coating 2nd Class | | | |
|
| | | | |
|
|Transformer | | | |
|
|Assembler | | | |
|
| | | | |
|
|3rd Class | | | |
|
| | | | |
|
|Transformer Tanker | | | |
|
|1st | | | |
|
| | | | |
|
|Class | | | |
|
+--------------------+-----------+-------------+------------+-----------+
| | | | |
|
+--------------------+-----------+-------------+------------+-----------+
|Wage Group C13 |299.50 |42.60 |159.00
|501.10 |
| | | | |
|
|Core Builder 2nd | | | |
|
|Class | | | |
|
| | | | |
|
|Insulation Processor| | | |
|
| | | | |
|
|3rd Class | | | |
|
| | | | |
|
|Transformer | | | |
|
|Assembler | | | |
|
| | | | |
|
|4th Class | | | |
|
| | | | |
|
|Transformer Tanker | | | |
|
| | | | |
|
|2nd Class | | | |
|
+--------------------+-----------+-------------+------------+-----------+
| | | | |
|
+--------------------+-----------+-------------+------------+-----------+
(b) The amount payable to any employee pursuant to the supplementary
payment provisions of this clause:
(i) shall be for all purposes of this award;
(ii) shall be reduced by the amount of any payment being made to
that employee in addition to the said rates otherwise than
pursuant to the supplementary payment provisions of this
subclause, whether such payment is being made by virtue of any
order, industrial agreement or other agreement or arrangement.
(c) The rates of pay in this award include arbitrated safety net
adjustments available since December 1993, under the Arbitrated Safety
Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any
equivalent amount in the rate of pay received by employees since 1
November 1991 above the rate prescribed in the Award, except where
such absorption is contrary to the terms of an industrial
agreement.
Increases in rates of pay otherwise made under the State Wage Case
Principles, excepting those resulting from enterprise agreements,
are not to be used to offset arbitrated safety net adjustments.
APPENDIX 4
Architectural Aluminium Fabrication Classification
1. - SCOPE
The provision of this appendix shall apply only to those companies listed
in Clause 4. - Respondent Companies of this Clause and to those employees
employed by those companies and engaged in work refereed to herein.
2. - DEFINITIONS
WAGE GROUP: C 14
ARCHITECTURAL ALUMINIUM FABRICATION EMPLOYEE LEVEL I
Relativity to C 10 78%
Undertaking up to 38 hours induction training which may include information
on the enterprise, conditions of employment, introduction to supervisors
and fellow workers, including the shop steward where available, training
and career path opportunities, plant layout, 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 their training:-
1. Performs general labouring and cleaning duties;
2. Exercises minimal judgement;
3. Works under direct supervision; or
4. Is undertaking structured training so as to enable them to work at C13
level.
WAGE GROUP: C 13
ARCHITECTURAL ALUMINIUM FABRICATION EMPLOYEE LEVEL II
Relativity to C 10 82%
An employee who has completed up to three months structured training so as
to enable the employee to perform work within the scope of this level.
An employee at this level performs work above and beyond the skills of an
employee at C 14 and to the level of their 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/faults;
3. Understands and utilises basic statistical process control procedures;
4. Performs work in either the Fabrication, Glazing or Assembly areas of
the workshop.
Indicative of the tasks which an employee at this level may perform are the
following:
Repetition work on automatic, semi-automatic or single purpose machines or
equipment;
Selects materials and assembles components using basic written, spoken
and/or diagrammatic instructions in any assembly environment;
Basic soldering or butt and spot welding skills or cuts scrap with an
oxy-acetylene blow pipe;
Uses selected hand tools;
Maintains simple records;
Uses hand trolleys and pallet trucks;
Assists in the provision of on-the-job training in conjunction with
tradespersons and supervisors/trainers.
WAGE GROUP: C 12
ARCHITECTURAL ALUMINIUM FABRICATION EMPLOYEE LEVEL III
Relativity to C 10 87.4%
An employee who has completed an Engineering/Production Certificate I or
equivalent training so as to enable them to perform work within the scope
of this level.
An employee at this level performs work above and beyond the skills of a C
13 and to the level of their training;
1. Is responsible for the quality of their own work subject to routine
supervision;
2. Works under routine supervision either individually or in a team
environment;
3. Exercises discretion within their level of skills and training;
4. Performs work in the Fabrication, Glazing, Assembly and Material
Handling areas of the workshop within the scope of the indicative tasks
listed below.
Indicative of the tasks which an employee at this level may perform are the
following:
Operates flexibly between assembly stations;
Operates machinery and equipment requiring the exercise of skill and
knowledge beyond that of an employee at level C 13;
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 recording of goods,
materials and components;
Basic inventory control in the context of a production process;
Basic keyboard skills;
Advanced soldering techniques;
Operation of mobile equipment including forklifts, hand trolleys, pallet
trucks, overhead crane and winch operation;
Ability to measure accurately;
Assists one or more tradespersons;
Welding which requires the exercise of knowledge and skills above C 13;
Assists in the provision of on-the-job training in conjunction with
tradespersons and supervisor/trainers;
Glass cutting; and
Workshop Process Glazing.
WAGE GROUP: C 11
ARCHITECTURAL ALUMINIUM FABRICATION EMPLOYEE LEVEL IV
Relativity to C 10 92.4%
An employee who has completed a Production/Engineering Certificate II or
equivalent training so as to enable the employee to perform work within
the scope of this level.
An employee at this level performs work above and beyond the skills of a C
12 and to the level of their 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 their own work; and
5. Operates flexibly across all area of aluminium fabrication workshop
activities.
Indicative of the tasks which an employee at this level may perform are
the following:
Use of precision measuring instruments;
Machine setting, loading and operation;
Inventory and store control including;
licensed operation of all appropriate materials handling equipment;
use of tools and equipment within the scope (basic non-trades) maintenance;
computer operation at a level higher than that of an employee at C 12 level;
Intermediate keyboard skills;
Basic engineering and fault finding skills;
Licensed and certified for forklift, and crane driving operations to a
level of higher than C 12;
Has a knowledge of the employers operation as it relates to production
processes;
Lubricates production machinery equipment;
Assists in the provision of on-the-job training in conjunction with
tradespersons and supervisors/trainers.
Complete production and assembly of all products with the aluminium
fabrication workshop to a level higher than C 12.
Glass Cutting and Workshop Process Glazing to a level higher than C 12.
WAGE GROUP C 10
ARCHITECTURAL ALUMINIUM FABRICATION EMPLOYEE
Relativity 100%
An employee at this level is an employee who, while still being primarily
engaged in Architectural Aluminium Fabrication work applies the skills
acquired through the successful completion of a trade certificate level
qualification in the production, distribution, or stores functions but not
technical or trade work.
A Production System Worker works above and beyond a C 11 and to the level
of their training;
1. Understands and applies specific quality control techniques;
2. Exercises good interpersonal and communications skills;
3. Exercises keyboard skills at a level higher than C 11;
4. Exercises discretion within the scope of this grade;
5. Performs work under general supervision either individually or in a team
environment.
Indicative tasks which an employee at this level may perform are as follows:
Approves and passes first off samples and maintains quality of product
across all areas of aluminium fabrication workshop;
Works from basic 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 functions including:
- Removing equipment fastenings including use of destructive cutting
equipment.
- Lubrication of production equipment.
- Running adjustments to production equipment.
Operate 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 computer techniques as they relate to production process
operation;
High level of stores and inventory responsibility beyond the requirements
of an employee at C 11;
Assists in the provision of on-the-job training in conjunction with
tradespersons and trainers;
Has a sound knowledge of the employers operations as it relates to the
production process;
Can select, prepare and assemble all products in the workshop.
3. - WAGES
Rates of pay for each classification level shall be that specified for
corresponding wage level specified in Clause 31. - Wages and Supplementary
Payments of this Award.
4. - RESPONDENT COMPANIES
The following companies are respondent to this Appendix:
Avanti Glass
Stegbar Pty Ltd
Aluminium Products
Jason Anodising
Dowell Aluminium Windows
Lidco Aluminium Windows
ASA Windows Pty Ltd
W.A. Glass and Aluminium
Mawco Pty Ltd
Jason Windows
Supreme Windows
PART II - CONSTRUCTION WORK
This Part of the award, Clause 1 - General Provisions to Clause 14 -
Special Provisions - State Energy Commission of Western Australia
inclusive shall apply to employees engaged on construction work defined in
Clause 5 - Definitions of PART I - GENERAL of this award.
1. - GENERAL PROVISIONS
Except as provided in this Part the provisions of PART I - GENERAL of this
award shall apply to employees engaged on construction work defined in
Clause 5 - Definitions of that Part.
2. - CONTRACT OF SERVICE
(1) A contract of service to which PART II - CONSTRUCTION WORK 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 a worker without notice for misconduct and a worker so dismissed
shall be paid wages for the time worked up to the time of dismissal only.
(2) Subject to the provisions of this clause, an employee may on any day,
give to the employer the appropriate period of notice of termination of
the contract prescribed in subclause (4) of this clause and the contract
terminates when that period expires.
(3) (a) Where an employee leaves his employment -
(i) without giving the notice referred to in subclause (2) of this
clause; or
(ii) having given such notice, before the notice expires
the employee forfeits his entitlement to any moneys owing to
him under this award except to the extent that those moneys
exceed his ordinary wages for the period of notice which
should have been given.
(b) In a case to which paragraph (a) of this subclause applies -
(i) the contract of service shall, for the purposes of this award,
be deemed to have terminated at the time at which the employee was
last ready, willing and available for work during ordinary working
hours under the contract; and
(ii) the provisions of subclause (2) of this clause shall be deemed
to have been complied with if the employee pays to the employer,
whether by forfeiture or otherwise, an amount equivalent to the
employee's ordinary wages for the period of notice which should
have been given.
(4) The period of notice referred to in subclause (2) of this clause is -
(a) in the case of a casual employee, one hour;
(b) in any other case -
(i) during the first month of employment under the contract, one
day; and
(ii) after the first month of such employment, one week.
(5) (a) On the first day of the engagement an employee shall be notified by
the employer or by the employer's representative whether the duration of
the employment is expected to exceed one month and, if the employee is
hired as a casual employee, the employee shall be advised accordingly.
(b) An employee shall, for the purposes 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 paragraph (a) of this
subclause is not given and the employee is dismissed through no
fault of the employee within one month of commencing employment
(6) (a) Subject to paragraph (b) hereof an employer shall, in the case of
an employee who has completed one month's service with that employer, give
notice to the employee on the day on which the contract of service is to
end and pay the employee one week's ordinary wages: Provided that where an
employee, having been offered and refused further employment at another
site with the same employer, subsequently, within a fortnight of such
refusal, applies to that employer for employment and is engaged to work at
that other site, the one week's wages paid to the employee under this
subclause shall be credited towards payment of any moneys due in the new
employment.
(b) An employer may terminate the contract of service -
(i) in the case of a casual employee, by giving to the employee one
hour's notice or by paying to the employee the one hour's pay in
lieu of notice;
(ii) in any other case, during the first month of employment under
the contract, by giving to the employee one day's notice or by
paying to the employee one day's pay in lieu of notice.
(7) The employer shall be under no obligation to pay for any day not worked
upon which the employee is required to present himself for duty, except
when such absence from work is due to illness and comes within the
provisions of Clause 24 - Absence Through Sickness of PART I - GENERAL of
this award or such absence is on account of holidays to which the employee
is entitled under the provisions of this award.
(8) (a) (i) The employer is entitled to deduct payment for any day or part
of a day upon 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
by reason of failure or shortage of electric power work is not
provided, he/she shall be entitled to two hours' pay and further,
where any employee commences work he/she shall be entitled to 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.
(9) The provisions of this clause shall not apply in any case where the
employee's contract of service is to be changed from Part II -
Construction to Part I - General of this Award.
3. - REST PERIOD
(1) (a) Subject to the provisions of this subclause, a rest period of seven
minutes from the time of ceasing to the time of resumption of work shall
be allowed each morning.
(b) 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.
(c) Refreshments may be taken by employees during the rest period but
the period of seven minutes shall not be exceeded under any
circumstances.
(d) An employer who satisfies the Commission that any employee has
breached any condition expressed or implied in this subclause may be
exempted from liability to allow the rest period.
(e) In an establishment in which the majority of employees are not
subject to this award, the provisions of this subclause 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.
(2) On work on which the majority of employees are employed under this
award, in addition to the rest period referred to in subclause (1) of this
clause but subject to the same conditions, a rest period of seven minutes
shall be allowed as soon as possible after the end of the second hours
work following the meal interval unless the employees concerned prefer to
do without such rest period, but the provisions of this subclause only
apply to an employee on any day on which the employee is required for
overtime for half an hour or more immediately following the employee's
ordinary finishing time.
4. - SHIFT WORK
(1) Shifts may be worked on construction work provided the employer has
given the union notice of the intention to work shifts and the intended
starting and finishing times of ordinary hours of the respective shifts.
(2) (a) Where any particular process is carried out on shifts other than
day shift and less than five consecutive afternoons of 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.
(3) Where shift work is worked on construction work or by the contractor on
commissioning tests for new plant -
(a) the first night shift in ordinary hours in any week shall not
commence before Monday night; and
(b) the ordinary hours on each shift shall include crib time not
exceeding twenty minutes which shall be taken in relays so as not to
cause a stoppage of operations and at times convenient to the employer.
(4) A shift employee engaged on construction work or on commissioning tests
for new plant shall, in addition to the ordinary rate, be paid per shift
for eight hours, a loading of twenty-five per cent for night shift.
(5) Where shifts are worked on construction work or on commissioning tests
for new plant the day and night shifts may change weekly where there is
agreement between the parties.
5. - SPECIAL RATES AND PROVISIONS
(1) (a) Where obnoxious or unusually dirty or extreme confined space
conditions are encountered attributable to sources other than normal
construction work disabilities, the Board of Reference may be convened to
investigate the specific complaint.
(b) The Board of Reference shall determine the remedial measures
required and/or award a disability allowance if deemed necessary in
the circumstances.
(2) (a) The employer shall, where practicable, provide a waterproof and
secure place on each job for the safekeeping of an employee's tools when
not in use and an employee's working clothes and where an employee is
absent from work because of illness or accident and has advised the
employer to that effect in accordance with the provisions of Clause 24. -
Absence through Sickness of PART I - GENERAL of this award the employer
shall ensure that the employee's tools and working clothes are securely
stored during the employee's absence.
(b) Subject to paragraph (c) hereof where the employee's tools or
working clothes are lost by fire or breaking and entering whilst
securely stored in the place provided by the employer under paragraph
(a) hereof the employer shall reimburse the employee for that loss but
only up to a maximum of $705.50.
(c) The provisions of paragraph (b) hereof shall only apply with
respect to tools and working clothes used by an employee in the course
of his employment as set out in a list furnished to the employer at
least twenty four hours before being lost by fire or theft and if the
employee has reported any theft to the police.
(3) An employee employed at the Alumina Refinery, Kwinana in areas 40, 30,
35 (k), 45, 25, 35 (f) (where operating), 35 (d) (where operating), 35 (c)
(where operating), 50 (where operating), 36 (A to E tanks inclusive) shall
be supplied with overalls and boots by the employer.
(4) 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. (rate from 11/4/90).
6. - ALLOWANCE FOR TRAVELLING AND EMPLOYMENT IN CONSTRUCTION WORK
(1) An employee, who on any day is required by the employer to report
directly to the job, shall be paid an allowance in accordance with the
provisions of this subclause to compensate for travel patterns and costs
peculiar to the industry, which includes mobility requirements of
employees, and the nature of employment in construction work covered by
this Award -
(a) On places within a radius of 50 kilometres from the General Post
Office, Perth - $14.65 per day.
(b) For each additional kilometre to a radius of 60 kilometres from the
General Post Office, Perth - 78 cents per kilometre.
(c) Subject to the provisions of paragraph (d) hereof, work performed
at places beyond a 60 kilometre radius from the General Post Office,
Perth shall be deemed to be distant work unless the employer and the
employees, with the consent of the union, agree in any particular case
that the travelling allowance for such work shall be paid under this
clause, in which case an additional allowance of 78 cents per
kilometre shall be paid for each kilometre in excess of the 60
kilometre radius.
(d) In respect of work carried out from an employer's depot situated
outside a radius of sixty kilometres from the General Post Office,
Perth the main Post Office in the town in which such depot is situated
shall be the centre for the purpose of calculating the allowance to be
paid.
(e) Where transport to and from the job is supplied by the employer
from and to the depot or such other place more convenient to the
employee as is mutually agreed upon between the employer and the
employee, half the above rates shall be paid, provided that the
conveyance used for such transport is equipped with suitable seating
and weather proof covering.
(2) The provisions of this clause do not apply to an employee to whom
Clause 7. - Distant Work of PART II - CONSTRUCTION WORK is applicable.
7. - DISTANT WORK
(1) Where an employee is engaged or selected or advised by an employer to
proceed to construction 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) Subject to the provisions of subclause (5) of this clause -
(a) the employer shall pay all reasonable expenses including fares,
transport of tools, meals and, if necessary, suitable overnight
accommodation incurred by an employee or person engaged who is
directed by the employer to proceed to the locality of the site and
who complies with such direction.
(b) the employee shall be paid at ordinary rate of payment for the time
up to a maximum of eight hours in any one day incurred in travelling
pursuant to the employer's direction.
(4) Where an employee who, after one month of employment with an employer,
leaves the employment, or whose employment is terminated by the employer
except for incompetency, within one working week of the employee
commencing work on the job or for misconduct and in either instance
subject to the provisions of Clause 2. - Contract of Service of this Part
of this award returns to the place from where the employee first proceeded
to the locality, or to a place less distant than or equidistant to the
place where the employee first proceeded, the employer shall pay all
expenses - including fares, transport of tools, meals and, if necessary,
suitable overnight accommodation incurred by the employee in so returning.
Provided that the employer shall in no case be liable to pay a greater
amount under this subclause than the employer would have paid if the
employee had returned to the locality from which he first proceeded to the
job.
(5) On work north of the 26th parallel of South Latitude the following
provisions apply -
(a) The employer may deduct the amount of the forward fare from the
employee's first or later wages but the amount so deducted shall be
refunded to the employee if the employee continues to work for three
months, or, if the work ceases sooner, for so long as the work
continues.
(b) If the employee continues to work for the employer for at least six
months or if the work ceases sooner, for so long as the work
continues, the employer shall, on termination of the employee's
engagement, pay the fare of the employee back from the place of work
to the place of engagement if the employee so desires.
(6) 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 their employer or the employer's agent of
their intention not later than the Tuesday immediately preceding the
weekend in which he/she 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.
(7) 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 the 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.
(8) Notwithstanding any other provisions contained in this clause and in
lieu of any such provisions the following conditions shall apply to an
employee who is engaged or selected or advised by an employer to proceed
to construction work at such a distance that the employee cannot return to
his home each night and where such construction work is located north of
the 26th parallel of south latitude or in any other area to which air
transport is the only practicable means of travel:
(a) An employee may return home or to Perth or to any other place at a
weekend to be mutually agreed upon between the employee and the
employer:
(i) After four continuous months service with his employer; and in
addition to the weekend the employee shall be entitled to two days
leave on ordinary pay subject to the provisions of paragraph (b)
hereof, and
(ii) After each further period of four months continuous service
with the employer; and in addition to the weekend, the employee
shall be entitled to two days leave, one of which days shall be on
ordinary pay subject to the provisions of paragraph (b) hereof.
(b) Where an employee returns home or to Perth or any other place in
accordance with the provisions of this subclause and returns to the
job and commences work at the time arranged with the employer, on the
first working day for that employee immediately following the period
of leave referred to in paragraph (a) hereof, that employee shall be
paid at the completion of the first pay period commencing on or after
the day upon which the employee returns to work from the leave taken
pursuant to paragraph (a) hereof the ordinary pay for that period of
leave and the actual cost of air fares incurred in travelling home or
to Perth or to any other place and to the job and which in no case
shall exceed the cost of an economy air fare from the job to Perth and
return.
(c) The entitlement to leave and travelling accruing to an employee
pursuant to subclause (a) hereof may be availed of as soon as
reasonably practicable after it becomes due and if it is not availed
of within one month after it so becomes due the entitlement shall
lapse.
(9) Any time in respect of which an employee is absent from work except
time for which the employee is entitled to claim payment pursuant to
Clause 24. - Absence through Sickness of PART I - GENERAL of this award or
time spent on holidays pursuant to subclause (1) of Clause 23. - Holidays
and Annual Leave of PART I - GENERAL of this award shall not count for
determining the employee's rights to travel and leave under the provisions
of subclause (8) of this clause.
8. - ANNUAL LEAVE LOADING
Notwithstanding the provisions of paragraph (c) of subclause (3) of Clause
23. - Holidays and Annual Leave of PART I - GENERAL of this award the
loading prescribed in the said paragraph shall apply to proportionate
leave due to an employee whose employment is terminated by the employer
for any cause other than misconduct.
9. - RIGHT OF ENTRY
Consistent with the terms of the Labour Relations Legislation Amendment Act
1997 and S.23(3)(c)(iii) of the Industrial Relations Act a representative
of the Union shall not exercise the rights under this clause with respect
to entering any part of the premises of the employer unless the employer
is the employer, or former employer of a member of the Union.
On notifying the employer or the employer's representative, the Secretary
or any authorised officer of a Union party to this award shall have the
right to visit any job at any time when work is being carried on, whether
during or outside the ordinary working hours and to interview the
employees covered by this award provided that the secretary or any
authorised officer does not unduly interfere with the work in progress.
PART II: CONSTRUCTION WORK
10. - WAGES
(1) (a) Subject to Clause 5. - Special Rates and Provisions of this Part of
the award the ordinary weekly rate of wage shall be as set out hereunder
and shall be inclusive of all special rates and allowances and be paid as
an all purpose rate.
(b) The ordinary weekly wage of an employee (other than an apprentice)
shall consist of the base rate, special payment and the Safety Net
Adjustment as applicable, as set out in subclause (2) of this clause.
The rates of pay in this award include arbitrated safety net
adjustments available since December 1993, under the Arbitrated
Safety Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any
equivalent amount in the rate of pay received by employees since 1
November 1991 above the rate prescribed in the Award, except where
such absorption is contrary to the terms of an industrial
agreement.
Increases in rates of pay otherwise made under the State Wage Case
Principles, excepting those resulting from enterprise agreements,
are not to be used to offset arbitrated safety net adjustments.
(2) (a) Classification
+--------+-------------------+----------+------------+----------+---------+
| | |Base Rate$| Special |Arbitrated|
Total |
| | | | Payment | Safety
|Rate Per |
| | | |Adjustment$ | Net$ |
Week$ |
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(i) |Instrumentation and| 423.80 | 96.00 | 159.00 |
678.80 |
| |Controls | | | |
|
| |Tradesperson | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(ii) |Instrument | 386.60 | 84.90 | 159.00 |
630.50 |
| |Tradesperson - | | | |
|
| |Complex Systems | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(iii) |Instrument | 380.10 | 80.10 | 161.00 |
621.20 |
| |Tradesperson | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(iv) |Scientific | 380.10 | 80.10 | 161.00 |
621.20 |
| |Instrument Maker | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(v) |Welder - Special | 371.40 | 80.10 | 161.00 |
612.50 |
| |Class | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(vi) |Welder | 362.90 | 80.10 | 161.00 |
604.00 |
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(vii) |Electrician - | 386.60 | 84.90 | 159.00 |
630.50 |
| |Special Class | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(viii) |Electrical Fitter | 362.90 | 80.10 | 161.00 |
604.00 |
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(ix) |Electrical | 362.90 | 80.10 | 161.00 |
604.00 |
| |Installer | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(x) |Boilermaker | 362.90 | 80.10 | 161.00 |
604.00 |
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xi) |Tradesperson the | 367.10 | 80.10 | 161.00 |
608.20 |
| |greater part of | | | |
|
| |whose time is | | | |
|
| |occupied in marking| | | |
|
| |off and/or template| | | |
|
| |making | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xii) |Mechanical | 386.60 | 84.90 | 159.00 |
630.50 |
| |Tradesperson - | | | |
|
| |Special Class | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xiii) |Tradesperson | 362.90 | 80.10 | 161.00 |
604.00 |
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xiv) |Pipe Fitter | 362.90 | 80.10 | 161.00 |
604.00 |
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xv) |Fitter - | 362.90 | 80.10 | 161.00 |
604.00 |
| |Refrigeration | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xvi) |Fitter -Window | 362.90 | 80.10 | 161.00 |
604.00 |
| |Frame | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xvii) |Motor Mechanic | 362.90 | 80.10 | 161.00 |
604.00 |
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xviii) |Machinist - | | | |
|
| |Engineering: | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| |First Class | 362.90 | 80.10 | 161.00 |
604.00 |
+--------+-------------------+----------+------------+----------+---------+
| |Second Class | 327.20 | 66.80 | 159.00 |
553.00 |
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xix) |Certificated Rigger| 345.70 | 68.90 | 159.00 |
573.60 |
| |or Scaffolder | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xx) |Rigger or | 334.70 | 67.70 | 159.00 |
561.40 |
| |Scaffolder - Other | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xxi) |Tool and Material | 322.90 | 65.80 | 159.00 |
547.70 |
| |Storesperson | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xxii) |Tradesperson's | 310.20 | 64.30 | 159.00 |
533.50 |
| |Assistant | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xxiii) |Tradesperson's | 311.70 | 65.80 | 159.00 |
536.50 |
| |Assistant - who | | | |
|
| |fromtime to time | | | |
|
| |uses a grinding | | | |
|
| |machine | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xxiv) |Lagger -first 6 | 310.20 | 63.40 | 159.00 |
532.60 |
| |months' experience | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| |2nd and 3rd six | 311.70 | 65.40 | 159.00 |
536.10 |
| |months' experience | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| |4th and 5th six | 315.90 | 65.60 | 159.00 |
540.50 |
| |months' experience | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| |thereafter | 317.40 | 66.60 | 159.00 |
543.00 |
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xxv) |Grinder using | 315.90 | 65.70 | 159.00 |
540.60 |
| |portable machine | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xxvi) |Crane Attendant and| 334.70 | 67.70 | 159.00 |
561.40 |
| |Dogman | | | |
|
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
|(xxvii) |Labourer | 291.60 | 62.10 | 159.00 |
512.70 |
+--------+-------------------+----------+------------+----------+---------+
| | | | | |
|
+--------+-------------------+----------+------------+----------+---------+
(b) A certificated rigger, other than a leading hand, who in compliance
with the provisions of the regulations made pursuant to the
Construction Safety Act, 1972, is responsible for the supervision of
other employees shall be deemed to be a leading hand and be paid the
additional rate prescribed for a leading hand placed in charge of not
less than three and not more than 10 other employees.
(3) The ordinary weekly wage of an apprentice shall be calculated by
applying the percentage applicable under subclause (4) of Clause 32. -
Wages in PART I - GENERAL of this award to the rate prescribed for a
Tradesman in subclause (2) of this clause for the construction work upon
which he is engaged.
(4) Construction Allowances
(a) In addition to the appropriate rates of pay prescribed in this
clause, an employee shall be paid -
(i) $40.90 per week if the employee is engaged on the construction
of a large industrial undertaking or any large civil engineering
project.
(ii) $36.80 per week if the employee is engaged on a multi-storeyed
building, but only until the exterior walls have been erected and
the windows completed and a lift made available to carry the
employee between the ground floor and the floor upon which such
employee is required to work. A multi-storeyed building is a
building which, when completed, will consist of at least five
storeys.
(iii) $21.60 per week if the employee is engaged otherwise on
construction work falling within the definition of construction
work in Clause 5. - Definitions of PART I - GENERAL of this Award.
(b) Any dispute as to which of the aforesaid allowances apply to
particular work shall be determined by the Board of Reference.
(5) Leading Hands
In addition to the appropriate total wage prescribed in this clause a
Leading Hand shall be paid -
$
(a) If placed in charge of not less than three
and not more than 10 other employees 23.10
(b) If placed in charge of more than 10 and
not more than 20 other employees 35.30
(c) If placed in charge of more than 20 other
employees 45.70
(6) (a) Where an employer does not provide a tradesperson or an apprentice
with the tools ordinarily required by that tradesperson or apprentice in
the performance of work as a tradesperson or as an apprentice, the
employer shall pay a tool allowance of -
(i) $12.80 per week to such tradesperson; or
(ii) In the case of an apprentice a percentage of $12.80 being the
percentage which appears against their year of apprenticeship in
subclause (4) of Clause 31. - Wages and Supplementary Payments of
PART I - GENERAL (subject to Clause 13. - Apprentices in PART II)
of this award,
for the purpose of such tradesperson or apprentice supplying
and maintaining tools ordinarily required in the performance
of their work as a tradesperson or apprentice.
(b) Any tool allowance paid pursuant to paragraph (a) of this subclause
shall be included in, and form part of, the ordinary weekly wage
prescribed in this clause.
(c) An employer shall provide for the use of tradespersons or
apprentices all necessary power tools, special purpose tools and
precision measuring instruments.
(d) A tradesperson or an apprentice shall replace or pay for any tools
supplied by their employer if lost through their negligence.
(7) A casual employee shall be paid 20% of the ordinary rate in addition to
the ordinary rate for the calling in which he is employed.
(8) Minimum Adult Award Wage
(a) No adult employee shall be paid less than the Minimum Adult Award
Wage unless otherwise provided by this clause.
(b) The Minimum Adult Award Wage for full time adult employees is
$467.40 per week payable on and from 4 th June 2004.
(c) The Minimum Adult Award Wage of $467.40 per week is deemed to
include all arbitrated safety net adjustments from State Wage Case
decisions.
(d) Unless otherwise provided in this clause adults employed as
casuals, part time employees or pieceworkers or employees who are
remunerated wholly on the basis of payment by result shall not be paid
less than pro rata the Minimum Adult Award Wage according to the hours
worked.
(e) Juniors shall be paid no less than the wage determined by applying
the percentage prescribed in the junior rates provision in this award
to the Minimum Adult Award Wage of $467.40 per week.
(f) (i) The Minimum Adult Award Wage shall not apply to apprentices,
employees engaged on traineeships or Jobskill placements or employed
under the Commonwealth Government Supported Wage System or to other
categories of employees who by prescription are paid less than the
minimum award rate.
(ii) Liberty to apply is reserved in relation to any special
categories of employees not included here or otherwise in relation
to the application of the Minimum Adult Award Wage.
(g) Subject to this clause the Minimum Adult Award Wage shall -
(i) apply to all work in ordinary hours.
(ii) apply to the calculation of overtime and all other penalty
rates, superannuation, payments during any period of paid leave
and for all purposes of this award.
(h) Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for
adult employees payable under the 2004 State Wage Case Decision.
Any increase arising from the insertion of the minimum adult award
wage will be offset against any equivalent amount in rates of pay
received by employees whose wages and conditions of employment are
regulated by this award which are above the wage rates prescribed
in the award. Such above award payments include wages payable
pursuant to enterprise agreements, consent awards or award
variations to give effect to enterprise agreements and over award
arrangements. Absorption which is contrary to the terms of an
agreement is not required. Increases under previous State Wage
Case Principles or under the current Statement of Principles,
excepting those resulting from enterprise agreements, are not to
be used to offset the minimum adult award wage.
(i) Adult Apprentices
(i) Notwithstanding the provisions of this clause, an apprentice,
21 years of age or over, shall not be paid less than $406.70 per
week.
(ii) The rate paid at paragraph (i) above is payable on
superannuation and during any period of paid leave prescribed by
this Award.
(iii) Where in this award an additional rate is expressed as a
percentage, fraction or multiple of the ordinary rate of pay, it
shall be calculated upon the rate prescribed in this award for the
actual year of the apprenticeship.
(iv) Nothing in this sub-clause shall operate to reduce the rate of
pay fixed by this Award for an adult apprentice in force
immediately prior to 5th June 2003.
10A. - AWARD MODERNISATION
(1) The parties are committed to modernising the terms of the Award so that
it provides more flexible working arrangements, improves the quality of
working life, enhances skills and job satisfaction and assists positively
in the restructuring process.
(2) The parties commit themselves to the following principles as part of
the structural efficiency process and have agreed to participate in a
testing process in accordance with the provisions of this clause -
(a) Acceptance in principle that the new award skill level definitions
will be more suitable for the needs of the industry, sometimes more
broadly based, in other matters more truly reflective of the different
skill levels of the tasks now performed, but which shall incorporate
the ability for an employee to perform a wider range of duties where
appropriate.
(b) The parties will create a genuine career path for employees which
allows advancement based on industry accreditation and access to
training.
(c) Co-operation in the transition from the old structure to the new
structure in an orderly manner without creating false expectations or
disputation.
10B. - STRUCTURAL EFFICIENCY
(1) The parties to this Award are committed to co-operating positively to
increase the efficiency, productivity and international competitiveness of
the metal and engineering construction industry and to enhance career
opportunities and job security of employees in the industry.
(2) The parties shall establish a working group for the testing or trial of
various skill levels and to enable proper consultation with both employees
and employers in the industry on matters consistent with the objectives of
subclause (1) hereof. The parties shall process any such matters through
that working group.
(3) Measures raised for consideration consistent with subclause (2) hereof
shall be related to implementation of a new classification structure, any
facilitative provisions contained in this Award and matters concerning
training.
(4) Without limiting the rights of either an employer or a union to
arbitration, any other measure designed to increase flexibility on a site
or within an enterprise sought by any party shall be notified to the
working group and by agreement of the parties involved shall be
implemented, subject to the following requirements.
(a) The changes sought shall not affect provisions reflecting national
standards recognised by the Western Australian Industrial Relations
Commission.
(b) The working party will consider the implications of the proposed
measures for existing on-site arrangements.
(c) The majority of employees affected by the change at the site or
enterprise must genuinely agree to the change.
(d) No employee shall lose income as a result of the change.
(e) The relevant union or unions must be a party to the agreement.
(f) Any agreement shall be subject, where appropriate, to approval by
the Western Australian Industrial Relations Commission and, if
approved, shall operate as a Schedule to this Award and take
precedence over any provision of this Award to the extent of any
inconsistency.
(5) Award restructuring should be given its wider meaning and not be
confined only to the restructuring of classifications but may extend to
the review of other restrictive provisions which currently operate. To
that end, such restrictive provisions will be reviewed on an on-going
basis.
(6) The parties to this Award recognise that in order to increase
efficiency, productivity and international competitiveness of industry, a
greater commitment to training and skill development is required.
Accordingly, the parties commit themselves to -
(a) developing a more highly skilled workforce;
(b) providing employees with career opportunities through appropriate
training to acquire additional skills; and
(c) removing barriers to the utilisation of skills acquired.
(7) Any disputes arising in relation to the implementation of this clause
shall be subject to the provisions of Clause 11. - Grievances and Disputes.
11. - GRIEVANCES AND DISPUTES
(1) To facilitate the remedying of any grievance or the settlement of any
dispute on construction work the following procedure shall apply, namely -
(a) The job steward on the site may discuss with the foreman any
grievance affecting the employees he represents and, if the matter is
not satisfactorily resolved, the job steward may discuss the matter
with the industrial officer or other officer nominated by the employer
to deal with such matters on the site.
(b) If the matter is not resolved by the foregoing discussions the job
steward shall notify the secretary of the union and shall thenceforth
leave the conduct of negotiations in the hands of the union.
(c) Where a matter has been referred to the Union by the job steward
the union shall promptly take all steps necessary under its rules and
under the (WA) Industrial Relations Act, 1979 for the resolution of
the matter provided that with effect from 22 November 1997 it is
required that persons involved in the question, dispute or difficulty
shall confer among themselves and make reasonable attempts to resolve
questions, disputes or difficulties before taking those matters to the
Commission.
(d) In order to allow for the peaceful resolution of grievances the
parties shall be committed to avoid stoppages of work, lockouts or any
other bans or limitation on the performance of work while the
procedures of negotiation and conciliation are being followed.
(e) The employer shall ensure that all practices applied during the
operation of the procedure are in accordance with safe working
practices and consistent with established custom and practices at the
workplace.
(2) A job steward shall not leave the place of work to investigate any
matter or to discuss any matter with the employer's representative unless
on each occasion the job steward first obtains permission to do so from
the foreman or supervisor or unless, in the absence of both foreman and
supervisor the job steward first notifies the leading hand.
(3) A job steward shall not during working hours call or hold any meeting
of the employees concerned with any grievance or dispute relating to
construction work.
12. - DEFINITION
(a) A welder who is a coded pressure welder to the satisfaction of the
Chief Inspector of Machinery.
Welder Special Class means:-
(b) A welder who does work which is subject to other special tests, but
does not include a welder who is required to pass a normal trade test
on engagement.
13. - APPRENTICES
(i) is in the final year of apprenticeship; or
An apprentice shall not be employed on the construction of a
large industrial undertaking or any large civil engineering
projects unless the apprentice -
(ii) is not less than 19 years of age and is being trained pursuant
to the Special Trade Training Programme; or
(iii) the union or unions concerned so agree.
14. - TERMINATION/REDUNDANCY
(1) This clause shall apply where an employee ceases, for any reason, to be
employed by an employer respondent to this Award, other than for reasons
of misconduct.
(2) Severance Pay:
(a) An employee, leaving his/her employer on account of a decision in
accordance with subclause (1) hereof, shall be entitled to the
following amount of severance pay in respect of continuous periods of
service:
+------------------------+--------------------------------+
|Period of Continuous |Severance Pay |
|Service | |
+------------------------+--------------------------------+
| | |
+------------------------+--------------------------------+
|Less than one year |$20.00 for each completed week |
| |service, to a maximum of two |
| |weeks pay. |
+------------------------+--------------------------------+
| | |
+------------------------+--------------------------------+
|One year but less than |Two weeks' pay plus $20.00 for |
|two years |each completed week of service, |
| |to a maximum of four weeks' pay.|
+------------------------+--------------------------------+
| | |
+------------------------+--------------------------------+
|Two years but less than |Four weeks' pay plus $20.00 for |
|three years |each completed week of service, |
| |to a maximum of six weeks' pay. |
+------------------------+--------------------------------+
| | |
+------------------------+--------------------------------+
|Three years but less |Seven weeks' pay. |
|than four years | |
+------------------------+--------------------------------+
| | |
+------------------------+--------------------------------+
|After four years of |Eight weeks' pay. |
|service | |
+------------------------+--------------------------------+
(b) In lieu of the $20.00 specified in paragraph (a) hereof, after 14th
of October 1991 the rate of accrual shall be $25.00 for each completed
week of service, with the maximum accrual as specified.
(c) Week's pay shall mean the ordinary weekly rate of wage for the
employee concerned, as set out in Clause 10. - Wages hereof, but shall
not include site, disability or travel allowances.
(d) For the purposes of this clause, service shall mean employment on
construction work as defined by clause 5 in Part I of this Award but
shall not include:
(i) service as an apprentice under the terms of this Award; or
(ii) service under Part I of this Award.
(e) For the purpose of implementing this clause, employees who have
been continuously employed with an employer since 22nd March 1989
shall have service with the employer for that time counted in
calculation of their length of service.
For all other employees who were not in the employ of their current
employer on 22nd March, 1989, length of service shall be
calculated on the time of continuous service with their current
employer.
(f) For the purpose of this clause, continuity of service shall not be
broken on account of -
(i) any interruption or termination of employment by the employer
if made merely with the intention of avoiding obligations
hereunder in respect of leave of absence; or
(ii) 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
(iii) any absence, with reasonable cause, proof whereof shall be
provided by the employee; and
Provided that in the calculation of continuous service under
this subclause, any time in respect of which an employee is
absent from work, except to claim annual leave, sick pay, long
service leave and public holidays as prescribed by this Award,
shall not count as service for the purposes of this clause.
(g) Where an employee remains in his/her employment with the employer
and is transferred between construction sites, or between construction
work and work under Part I of this Award, the period of service on
construction work shall be preserved for the purposes of calculating
continuous service under the terms of this clause.
(h) 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) in 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.
(i) An employee who terminates his/her employment before the
completion of four weeks' continuous service with the employer
shall not be entitled to the provisions of this clause.
(3) Employee Leaving During Notice:
An employee whose employment is to be terminated in accordance with
this clause may terminate his/her employment during the period of
notice and if this occurs, shall be entitled to the provisions of this
clause as if the employee remains with the employer until expiry of
such notice. Provided that in such circumstances the employee shall
not be entitled to payment in lieu of notice.
(4) Incapacity to Pay:
An employer in a particular severance/redundancy case may make
application to the Commission to have the general severance pay
prescription varied on the basis of the employer's incapacity to pay.
(5) Alternative Employment:
An employer, in a particular severance/redundancy case, may make
application to the Commission to have the provisions of this clause
varied if the employer obtains acceptable alternative employment for
an employee which shall include, but not limited to, transfer from one
site to another and/or transfer to a workshop.
(6) Dispute Settling Procedures:
Any dispute under these provisions shall be processed according to
procedures established in Clause 11. - Grievances and Disputes hereof
and in the event that the dispute is not resolved by those procedures,
the matter shall be referred to the Western Australian Industrial
Relations Commission.
(7) Termination/Redundancy Fund:
Employers may, at their discretion, utilise a fund to meet their
liabilities to their employees accrued pursuant to the term of this
clause, provided that such fund shall provide a level of benefits
equal to those prescribed by this clause.
15. - SPECIAL PROVISIONS - WESTERN POWER CORPORATION
(1) This clause shall apply to any employee otherwise covered by this Part
of the award who is engaged on work being carried out for the western
Power Corporation at Kwinana or Muja.
(2) In addition to the wage otherwise payable to an employee pursuant to
the provisions of Part II - Construction Work of this award, an employee
(other than an apprentice) shall be paid -
(a) $1.82 per hour for each hour worked if employed at Muja; (rate from
21.8.91)
(b) $1.08 per hour for each hour worked if employed at Kwinana; (rate
from 21.8.91)
(c) A safety footwear allowance of nine cents per hour for each hour
worked to compensate for the requirement to wear approved safety
footwear which is to be maintained in sound condition by the employee.
Failure to wear approved safety footwear or to maintain it in sound
condition as determined by the employer shall render the employee
liable to dismissal.
(3) (a) An employee, to whom Clause 6. - Allowance for Travelling and
Employment in Construction Work of this PART applies and who is engaged on
construction work at Muja, shall be paid -
(i) An allowance of $14.65 per day if the employee resides within a
radius of 50 kilometres from the Muja power station;
(ii) An allowance of $38.60 per day if the employee resides outside
that radius.
in lieu of the allowance prescribed in the said clause.
(b) Where transport to and from the job is supplied by the employer
from and to a place mutually agreed upon between the employer and the
employee half the above rates shall be paid provided that the
conveyance used for such transport is equipped with suitable seating
and weather proof covering.
(4) In addition to the allowance payable pursuant to subclause (6) of
Clause 7. - Distant Work of this PART, an employee to whom that clause
applies shall be paid $28.80 on each occasion upon which the employee
returns home at the weekend, but only if -
(a) The employee has completed three months' continuous service with
the employer;
(b) The employee is not required for work during the weekend;
(c) The employee returns to the job on the first working day following
the weekend;
(d) The employer does not provide, or offer to provide, suitable
transport;
and such payment shall be deemed to compensate for a periodical
return home at the employer's expense.
(5) An employee to whom Clause 7. - Distant Work of this PART applies and
who proceeds to construction work at Muja from home where located within a
radius of 50 kilometres from the General Post Office, Perth -
(a) Shall be paid an amount of $67.80 and for three hours at ordinary
rates in lieu of expenses and payment prescribed in subclause (3) of
the said clause; and
(b) In lieu of the provisions of subclause (4) of the said clause,
shall be paid $67.80 and for three hours at ordinary rates when the
employee's services terminate, if the employee has completed three
months' continuous service;
and the provisions of subclause (3) and subclause (4) of Clause 7.
- Distant Work of this PART shall not apply to such employee.
(6) (a) An employee, to whom the provisions of Clause 7. - Distant Work of
Part II - Construction Work of this Award apply, who works at Muja and who
elects not to live in Construction Camp Accommodation shall, subject to
paragraph (b) of this subclause, be paid a living-out allowance at the
rate of $356.50 per week to meet the expenses reasonably incurred by the
employee for board and lodging.
(b) (i) The allowance prescribed in paragraph (a) shall only apply to
an employee while the employee continues to live with his wife
(including de facto) in accommodation provided by the employee.
(ii) The accommodation shall be of a reasonable standard.
(iii) The employee shall continue to maintain the original
residence.
(iv) Employees on site at Muja as at 18th September, 1984, shall
advise their employer not later than 3rd October, 1984, of their
intention to avail themselves of the provisions of this subclause.
(v) The employee shall satisfy the employer, upon request, that the
circumstances meet the requirements of this subclause.
(vi) Any dispute as to the application of this clause shall be
subject to discussion between the employer and the Union and,
failing agreement, shall be referred to a Board of Reference for
determination
(c) Provided that the provisions of subclause (6) of Clause 7. -
Distant Work of PART II of this Award shall not apply.
FIRST SCHEDULE
AWARDS, INDUSTRIAL AGREEMENTS AND
ORDERS REPLACED
(1) Awards:
+--------------+--------------------------+---------------------------+
|Number |Description |Extent Replaced |
+--------------+--------------------------+---------------------------+
| | | |
+--------------+--------------------------+---------------------------+
|1/1954 |S.W. Land Division. |Wholly. |
+--------------+--------------------------+---------------------------+
|19/1962 |Alumina Refinery |Wholly, insofaras it |
| | |applies to |
| |Construction. | |
| | |metal trades employees. |
+--------------+--------------------------+---------------------------+
| | | |
+--------------+--------------------------+---------------------------+
|10/1963 |Apprentices - Alumina |Wholly, insofaras it |
| | |applies to |
| |Refinery Construction. | |
| | |metal trades apprentices. |
+--------------+--------------------------+---------------------------+
| | | |
+--------------+--------------------------+---------------------------+
|4/1963 |Lagging - Alumina |Wholly. |
| | | |
| |Refinery Construction. | |
+--------------+--------------------------+---------------------------+
|12/1963 |Industrial |Wholly, insofaras it |
| | |applies to |
| |Construction | |
| | |metal trades employees. |
| |-S.W. Land Division. | |
+--------------+--------------------------+---------------------------+
| | | |
+--------------+--------------------------+---------------------------+
|26/1950 |Northern and Eastern. |Wholly. |
+--------------+--------------------------+---------------------------+
|26/1962 |Oil Refinery Extenions |Wholly, insofaras it |
| | |applies to |
| |Construction. | |
| | |metal trades employees. |
+--------------+--------------------------+---------------------------+
| | | |
+--------------+--------------------------+---------------------------+
|28/1960 |Ord River. |Wholly. |
+--------------+--------------------------+---------------------------+
|216/1962 |Board charges - Ord River.|Wholly. |
+--------------+--------------------------+---------------------------+
|15/1954 |Timber Industry. |Wholly. |
+--------------+--------------------------+---------------------------+
| | | |
+--------------+--------------------------+---------------------------+
|Industrial | | |
|Agreements: | | |
+--------------+--------------------------+---------------------------+
| | | |
+--------------+--------------------------+---------------------------+
|Number |Description |Extent Replaced |
+--------------+--------------------------+---------------------------+
| | | |
+--------------+--------------------------+---------------------------+
|5/1958 |Electrical Trades |Wholly. |
| |-Dumbleyung Road Board. | |
+--------------+--------------------------+---------------------------+
|16/19648/1965 |Apprentices - Laporte |Wholly, insofaras they |
| | |apply to metal trades |
| |Titanium. |apprentices. |
+--------------+--------------------------+---------------------------+
|2/1953 |Linesmen - Geraldton |Wholly. |
| | | |
| |Municipal Council. | |
+--------------+--------------------------+---------------------------+
|5/1965 |Apprentices - H.B.Brady |Wholly. |
| |Co. | |
+--------------+--------------------------+---------------------------+
A reference to any award or industrial agreement in this schedule
includes a reference to all amendments or variations of any such award
or industrial agreement.
(3) Orders:
+-----------------------------------------+----------------------+-----------+
|Number |Description
|Extent |
| |
|Replaced |
+-----------------------------------------+----------------------+-----------+
| | |
|
+-----------------------------------------+----------------------+-----------+
|C76/1975 |Metal Trades
(Eneabba)|Wholly. |
+-----------------------------------------+----------------------+-----------+
|C16/1976 |Metal Trades
(Eneabba)|Wholly |
| |
|insofar as |
| | |it
relates |
| | |to
metal |
| |
|trades |
| |
|employees. |
+-----------------------------------------+----------------------+-----------+
| | |
|
+-----------------------------------------+----------------------+-----------+
|C232/1975 |Metal Trades (James
|Wholly. |
| |Hardie) |
|
+-----------------------------------------+----------------------+-----------+
|C156/1975CR89A/1977andCR399/1977 |Metal Trades Kwinana
|Wholly |
| |
|insofar as |
| |Area (Large Industrial|it
relates |
| | |to
metal |
| |or Civil Engineering
|trades |
| |
|employees. |
| |Projects) |
|
+-----------------------------------------+----------------------+-----------+
| | |
|
+-----------------------------------------+----------------------+-----------+
|C207/1975Cll/1976CR89C/1977andC207A/1975 |Metal Trades
(Pinjarra|Wholly |
| |Alumina Refinery
|insofaras |
| |Construction) |it
relates |
| | |to
metal |
| |
|trades |
| |
|employees. |
+-----------------------------------------+----------------------+-----------+
| | |
|
+-----------------------------------------+----------------------+-----------+
|C166/1975andCR89B/1977 |Metal and Civil
Trades|Wholly |
| |(Mt. Newman Mining
|insofar as |
| |Projects,Port Hedland)|it
relates |
| | |to
metal |
| |
|trades |
| |
|employees. |
+-----------------------------------------+----------------------+-----------+
| | |
|
+-----------------------------------------+----------------------+-----------+
|C234/1975 |Metal Trades
|Wholly. |
+-----------------------------------------+----------------------+-----------+
|C10/1976 |Metal Trades (C.B.H.)
|Wholly. |
+-----------------------------------------+----------------------+-----------+
|C116/1976 |Metal Trades
(Dardanup|Wholly |
| |
|insofar as |
| | |it
relates |
| | |to
metal |
| |
|trades |
| |
|employees. |
+-----------------------------------------+----------------------+-----------+
|Clll/1976 |Metal Trades (Newman)
|Wholly. |
+-----------------------------------------+----------------------+-----------+
| | |
|
+-----------------------------------------+----------------------+-----------+
|C201/1976R35/1977 |Metal Trades Swan
|Wholly |
| |Brewery(Construction)
|insofar |
| | |asit
|
| |
|relates |
| |
|tometal |
| |
|trades |
| |
|employees. |
+-----------------------------------------+----------------------+-----------+
| | |
|
+-----------------------------------------+----------------------+-----------+
|C261/1976 |Metal and Civil
|Wholly |
| |Trades(Telfer)
|insofar as |
| | |it
relates |
| | |to
metal |
| |
|trades |
| |
|employees. |
+-----------------------------------------+----------------------+-----------+
| | |
|
+-----------------------------------------+----------------------+-----------+
|CR211/1977andCR382/1978 |Metal Trades (Muja)
|Wholly |
| |
|insofar as |
| | |it
relates |
| | |to
metal |
| |
|trades |
| |
|employees. |
+-----------------------------------------+----------------------+-----------+
| | |
|
+-----------------------------------------+----------------------+-----------+
|CR225,CR233& CR234/77 |Metal Trades
|Wholly. |
| |(Wellington St. |
|
| |Telephone Exchange) |
|
+-----------------------------------------+----------------------+-----------+
| | |
|
+-----------------------------------------+----------------------+-----------+
|C316/1978andC169/1977 |Metal Trades (46
|Wholly |
| |M.T.P.A.Hamersley
|insofar as |
| |Project) |it
relates |
| | |to
metal |
| |
|trades |
| |
|employees. |
+-----------------------------------------+----------------------+-----------+
| | |
|
+-----------------------------------------+----------------------+-----------+
|CR179/1978 |Metal Trades (B.P.
|Wholly. |
| |-F.C.C.U. Project) |
|
+-----------------------------------------+----------------------+-----------+
SECOND SCHEDULE LIST OF RESPONDENTS
_ABATTOIRS:_
Dardanup Butchering Company
46 Ladner Street
O'Connor
WA 6163
Green E.G. & Sons Pty Ltd
Seventh Street
Harvey
WA 6220
Inghams Enterprises Pty Ltd
Baden Street
Osborne Park
WA 6017
_ACCOUNTING MACHINE DISTRIBUTORS:_
Applied Micro Systems (Australia) Pty Ltd
32 Ord Street
West Perth
WA 6005
Can-Calc Pty Ltd
272 Hay Street
East Perth
WA 6004
NCR Australia
37 Kensington Street
Perth
WA 6000
_ACCOUSTIC MATERIAL MANUFACTURERS:_
Architectural Ceiling Systems Pty Ltd
3 Irvine Street
Bayswater
WA 6053
_ACCOUSTIC MATERIAL MANUFACTURERS: (cont'd)_ _ _
Bradford Insulation (WA) Ltd
19 Sheffield Road
Welshpool
WA 6106
Bradys Building Products
18 Railway Parade
Bayswater
WA 6053
_AERATED WATER AND CORDIAL MANUFACTURERS:_ _ _
Coca Cola Bottlers (Perth) Pty Ltd
19 Miles Road
Kewdale
WA 6105
Pepsi Cola Bottlers Australia
15 Magnet Road
Canning Vale
WA 6155
_AIR CONDITIONING INSTALLATIONS:_
A.E. Smith-Westair
13 MacAdam Place
Balcatta
WA 6021
Australia Pacific Air Conditioning Manufacturing
Apac Way
Redcliffe
WA 6104
Direct Engineering Services Pty Ltd
36 Beringarra Avenue
Malaga
WA 6090
_ALUMINIUM FABRICATORS:_
Crane Aluminium Systems
12 Cressall Road
Balcatta
WA 6021
_ALUMINIUM FABRICATORS (cont'd):_
COM-AL Windows Pty Ltd
16 Madrid Place
Maddington
WA 6109
_ALUMINIUM MANUFACTURERS:_
Comalco Aluminium (Western Australia) Ltd
c/o 55 Colin Street
Melbourne
VIC 3000
_ASBESTOS CEMENT MANUFACTURERS:_
James Hardie & Co Ltd
Rutland Avenue
Welshpool
WA 6106
Unifab (W.A.)
Unit 20
4 Pilbara Street
Welshpool
WA 6106
_BALL AND ROLLER BEARING SPECIALISTS:_
ABC Bearings
Unit 1/4 Port Kembla Drive
Bibra Lake
WA 6163
_BATTERY_ _ MANUFACTURERS:_
Industrial Storage Batteries Pty Ltd
Vesta Vattert Company Ltd
_BISCUIT MANUFACTURERS:_
Arnotts Biscuits Ltd
90-94 Bannister Road
Canning Vale
WA 6155
Mills & Wares
4 Stockdale Road
O'Connor
WA 6163
_BLACKSMITHS AND FARRIERS:_
Arch Engineering
Lot 58 Rivers Road
Spearwood
WA 6163
Metro Baldock Spring Works Pty Ltd
74 Goodwood Parade
Rivervale
WA 6103
_BOAT BUILDERS AND REPAIRERS:_
Alumacraft Pty Ltd
65 Champion Drive
Kelmscott
WA 6111
Austal Ships Pty Ltd
126 Egmont Road
Henderson
WA 6166
Tenix Shipbuilding WA
775 Cockburn Road
Henderson
WA 6166
_BOILERMAKERS:_
Baguley F & Co
7 Rawlinson Street
O'Connor
WA 6163
Heat Exchangers International Ltd
13 Stott Road
Welshpool
WA 6106
RCR Tomlinson
239 Planet Street
Welshpool
WA 6106
_BRASS FINISHERS:_
Allmark and Associates Pty Ltd
314 Charles Street
North Perth
WA 6006
Osborne Park Brass Co
3/9 Sundercombe Street
Osborne Park
WA 6017
Westralian Engineering Works
Lot 700 Sparks Road
Henderson
WA 6166
_BRASS AND NON-FERROUS FOUNDERS:_
Alucast
23 Sorbonne Crescent
Canning Vale
WA 6155
Timcast Pty Ltd
97 Hector Street
Osborne Park
WA 6017
Veem Engineering Group Pty Ltd
22 Baile Road
Canning Vale
WA 6155
_BREWERIES:_
Matilda Bay Brewing Co Ltd
130 Stirling Highway
North Fremantle
WA 6159
Swan Brewery Co Ltd
25 Baile Road
Canning Vale
WA 6155
_BRICK MANUFACTURERERS:_
Metro Brick
South West Highway
Armadale
WA 6112
Midland Brick
Bassett Road
Middle Swan
WA 6065
_BUILDING CONTRACTORS:_
Brine A T & Sons Pty Ltd
435 Vincent Street
West Leederville
WA 6007
Mills and Hassall
17 Hoskins Street
Landsdale
WA 6065
_BUTTER FACTORIES:_
P B Foods Ltd
22 Geddes Street
Balcatta
WA 6021
Watsonia Pty Ltd
174 Hamilton Road
Spearwood
WA 6163
_CANNERS AND FOOD PROCESSORS:_
Kailis and France Pty Ltd
14 Neil Street
Osborne Park
WA 6017
_CEMENT MANUFACTURERS:_
Atlas Cement
77 Vulcan Road
Canning Vale
WA 6155
Cockburn Cement Pty Ltd
Russell Road
South Coogee
WA 6166
_CHEESE FACTORIES:_
Casa Cheeses
27 Carrington Street
Nedlands
WA 6009
P B Foods Ltd
22 Geddes Street
Balcatta
WA 6021
Watsonia
174 Hamilton Road
Spearwood
WA 6163
_COLD STORAGE:_
Clelands Cold Stores Pty Ltd
2 Absolon Street
Palmyra
WA 6157
Perth Ice Works
5 Cooper Road
Jandakot
WA 6164
_CONFECTIONERY MANUFACTURERS:_
Baitz Confectionery
10/11 Milford Street
East Victoria Park
WA 6101
_COPPERSMITHS:_
Austral Wright Metals
1 Baldwin Street
Kewdale
WA 6105
Crane Copper Tube
66 Belgravia Street
Belmont
WA 6104
Precision Brass
10 Guthrie Street
Osborne Park
WA 6017
_CROWN SEAL MANUFACTURERS:_
Cospak (WA) Pty Ltd
108 Radium Street
Welshpool
WA 6106
Mauri Closures Pty Ltd
5 Keegan Street
O'Connor
WA 6163
_CYCLE MANUFACTURERS AND REPAIRERS:_
Malvern Star Bicycle Co
29 Fargo Way
Welshpool
WA 6106
_DAIRIES AND MILK VENDORS:_
Belmont City Dairy Supplies
54 Banyard Avenue
Kelmscott
WA 6111
_DAIRIES AND MILK VENDORS (cont'd):_
P B Foods Ltd
22 Geddes Street
Balcatta
WA 6021
_DIE CASTERS:_
Alucast
23 Sorbonne Crescent
Canning Vale
WA 6155
Galvin Engineering Pty Ltd
Lot 310 Victoria Road
Malaga
WA 6062
Veem Engineering Group Pty Ltd
22 Baile Road
Canning Vale
WA 6155
_DIE MAKERS:_
De Cassan Industries Pty Ltd
28 Jackson Street
Bassendean
WA 6054
Press and Die Company
7 Ballantyne Road
Kewdale
WA 6105
_DIE SINKERS:_
Allmark & Associates Pty Ltd
314 Charles Street
North Perth
WA 6006
Wilson's Engraving Works
30 Westchester Road
Malaga
WA 6062
_DIESEL ENGINE MANUFACTURERS:_
Alsthom Australia Ltd
(Power Plant Division)
153 Abernethy Road
Belmont
WA 6104
_DOMESTIC APPLIANCES MANUFACTURERS AND REPAIRERS:_ _ _
Vax Appliances (Australia) Pty Ltd
296 Victoria Road
Malaga
WA 6062
_DRUM MANUFACTURERS:_
Southcorp Packaging
144 Carrington Street
Fremantle
WA 6160
Van Leer Australia Pty Ltd
8 Rawlinson Street
O'Connor
WA 6163
_EARTH MOVING CONTRACTORS:_
Goldfields Contractors WA
25 Jackson Street
Bayswater
WA 6053
Henry Walker Eltin Contracting Pty Ltd
55 Broadway
Nedlands
WA 6009
Roche Mining
Level 1/130 Fauntleroy Street
Redcliffe
WA 6104
_EARTH MOVING EQUIPMENT DISTRIBUTORS:_
C.J.D. Equipment Pty Ltd
52 Great Eastern Highway
Guildford
WA 6055
N.S. Komatsu Pty Ltd
94 Sheffield Road
Welshpool
WA 6106
Westrac Equipment Pty Ltd
128-134 Great Eastern Highway
South Guildford
WA 6055
_ELECTRIC MOTOR MANUFACTURERS AND REPAIRERS:_ _ _
ABB Industries Pty Ltd
9 Bannister Road
Canning Vale
WA 6155
O'Donnell Griffin Pty Ltd
37 Hargreaves Street
Belmont
WA 6104
Quality Rewinds
4 Nasmyth Road
Rockingham
WA 6168
_ELECTRICAL CONTRACTORS:_
Kilpatrick Green Pty Ltd
86 Welshpool Road
Welshpool
WA 6106
Southern Cross Electrical Engineering Pty Ltd
41 Macedonia Street
Naval Base
WA 6165
_ELECTROPLATERS AND ANODISERS:_
Anodisers WA
3 Ladner Street
O'Connor
WA 6163
_ELECTROPLATERS AND ANODISERS (cont'd):_ _ _
Bayswater Powder Coaters Pty Ltd
30 Railway Parade
Bayswater
WA 6053
City Plating Co
30 William Street
Beckenham
WA 6107
Premier Plating Co
59 John Street
Bentley
WA 6102
_ENGINEERS - AGRICULTURAL:_
Forward Engineers Pty Ltd
17-95 Adams Drive
Welshpool
WA 6106
Wallace Engineering Co
Foreshore
Port Road
Albany
WA 6330
_ENGINEERS - AUTOMOTIVE:_
Auto Masters
322 William Street
Perth
WA 6000
Lube Mobile
200 North Lake Road
Kardinya
WA 6163
_ENGINEERS - CONSTRUCTIONAL:_
Fremantle Steel Fabrication Co (1979)
Lot 502 Cutler Road
Jandakot
WA 6164
_ENGINEERS - CONSTRUCTIONAL (cont'd):_
HVAC Construction Ltd
123 Broadway
Bassendean
WA 6054
John Holland Constructions & Engineering Pty Ltd
263 Adelaide Terrace
Perth
WA 6000
Monadelphous Engineering Associates Pty Ltd
1 Sleat Road
Applecross
WA 6153
O'Donnell Griffin
491 Abernethy Road
Kewdale
WA 6105
_ENGINEERS - DIESEL:_
Cummins Diesel Sales & Service
50 Kewdale Road
Welshpool
WA 6106
Detroit Diesel Allison Australia Pty Ltd
174 Railway Parade
Bassendean
WA 6054
Diesel Engine Services & Spares Pty Ltd
20 Redcliffe Road
Redcliffe
WA 6104
_ENGINEERS - GENERAL:_
Baguley Engineering
7 Rawlinson Street
O'Connor
WA 6163
Eilbeck Cranes Pty Ltd
23 Jackson Street
Bassendean
WA 6054
Forward Engineers Pty Ltd
17-95 Adams Drive
Welshpool
WA 6106
Geraldton Building Co Pty Ltd
Ocean Street
Geraldton
WA 6530
Monadelphous Engineering Associates Pty Ltd
1 Sleat Road
Applecross
WA 6153
RCR Tomlinson
239 Planet Street
Welshpool
WA 6106
_ENGINEERS - INSULATION:_
Bells Thermalag & Industrial Services Pty Ltd
5 Keegan Street
O'Connor
WA 6163
Bradford Insulation
Sheffield Street
Welshpool
WA 6106
Cape Modern Joint Venture
376 Victoria Road
Malaga
WA 6062
_ENGINEERS - MARINE:_
Baguley Engineering
7 Rawlinson Street
O'Connor
WA 6163
Fremantle Foundry & Engineering Co Pty Ltd
8 Queen Victoria Street
Fremantle
WA 6160
Madco Engineering
560 Sparks Road
Henderson
WA 6166
Wallace Engineering Co
Foreshore
Port Road
Albany
WA 6330
_ENGINEERS - REFRIGERATION:_
Baker A.J. & Sons Pty Ltd
209 Stirling Highway
Claremont
WA 6010
Gordon Brothers Industries Pty Ltd
130 Burswood Road
Victoria Park
WA 6100
McAlpine Hussmann
77 Dowd Street
Welshpool
WA 6101
_ENGINEERS - STRUCTURAL:_
D & F Engineering
11 Hurley Street
Canning Vale
WA 6155
Park Engineers Pty Ltd
42 Railway Parade
Welshpool
WA 6106
RCR Tomlinson
239 Planet Street
Welshpool
WA 6106
United Construction Pty Ltd
Mandurah Road
Kwinana
WA 6167
_ENGRAVERS:_
Sun Industries
33 Guthrie Street
Osborne Park
WA 6017
Sheridan's for Badge
14 Florence Street
West Perth
WA 6005
Wilsons Sign Solutions
30 Westchester Road
Malaga
WA 6062
_FERTILISER MANUFACTURERS:_
CSBP & Farmers Ltd
40 The Esplanade
Perth
WA 6000
David Gray & Co Ltd
Rawlinson Street
O'Connor
WA 6163
_FIBRE GLASS MANUFACTURERS:_
Plastics Ltd
18 Colray Avenue
Osborne Park
WA 6017
_FIBROUS PLASTER MANUFACTURERS:_
Bradys Building Products
18 Railway Parade
Bayswater
WA 6053
CSR Building Products
19-21 Sheffield Street
Welshpool
WA 6106
Unifab (WA)
20/4 Pilbara Street
Welshpool
WA 6106
_FLOUR MILLERS:_
Aero Flour Co
6 Noble Street
Kewdale
WA 6105
Goodman Fielder Mills Ltd
111 Stirling Highway
Fremantle
WA 6160
_FOOTWEAR MANUFACTURERS:_
Regina Footwear 1957
52 Edward Street
Osborne Park
WA 6017
_FORGERS:_
Donhad Armco Pty Ltd
18 Jackson Street
Bassendean
WA 6054
_FOUNDRIES:_
ANI Bradken WA
Adams Drive
Welshpool
WA 6106
Fremantle Foundry & Engineering Co Pty Ltd
8 Queen Victoria Street
Fremantle
WA 6160
Vaughan Castings
Lot 19 Russell Road
Henderson
WA 6166
_GLASS MANUFACTURERS:_
Australian Glass Manufacturers Co
35 Baile Road
Canning Vale
WA 6155
_ICE CREAM MANUFACTURERS AND DISTRIBUTORS:_ _ _
Benny's Gelati Pty Ltd
A Division of D'Orsogna Ltd
Leach Highway Cnr Stock Road
Palmyra
WA 6157
P B Foods Ltd
22 Geddes Street
Balcatta
WA 6021
_ICE MANUFACTURERS:_
Kalamunda Ice Works
121 Welshpool Road
Welshpool
WA 6106
Perth Ice Works
611 Murray Street
Perth
WA 6000
_INDUSTRIAL GAS MANUFACTURERS:_
Air Liquide WA Pty Ltd
276 Leach Highway
Myaree
WA 6154
BOC Gases
57 Baile Road
Canning Vale
WA 6155
_INSTRUMENT MAKERS AND REPAIRERS:_
Automotive Instrument Control
36-38 Sorbonne Cr
Canning Vale
WA 6155
Hawke Measurements Systems Pty Ltd
4A Shields Crescent
Booragoon
WA 6154
Hinco Instruments Pty Ltd
Unit 5/52 Vinnicombe Drive
Canning Vale
WA 6155
Touch Instrument Service Co
207 Railway Road
Subiaco
WA 6008
_LABOUR HIRE INDUSTRY:_
Adecco Pty Limited
57 Havelock Street
West Perth
WA 6005
Kelly Services (Australia) Ltd
Level 1 Quayside, 2 Mill Street
Perth
WA 6000
Manpower Services (Australia) Pty Ltd
28 The Esplanade
Perth
WA 6000
Ready Workforce Pty Limited
247 James Street
Northbridge
WA 6003
_ _
_ _
_LOCAL GOVERNMENT AUTHORITIES:_
Albany City Council
221 York Street
Albany
WA 6330
Bassendean Town Council
48 Old Perth Road
Bassendean
WA 6054
Perth City Council
St. Goerge's Terrace
Perth
WA 6000.
_MACHINERY MANUFACTURERS:_
Mechatronics Pty Ltd
51 Wechester Road
Malaga
WA 6090
Nix Machinery Design
49 Buckingham Drive
Wangara
WA 6065
Wintern International Pty Ltd
11 Blamey Place
O'Connor
WA 6163
_MACHINERY MERCHANTS: (see also Engineers' Equipment and
Material Distributors)_
Engineering Equipment Sales
47 McCoy Street
Myree
WA 6154
Hitachi Construction Machinery (Australia) Pty Ltd
111 McDowell Street
Welshpool
WA 6106
Ron Mack Machinery Sales WA
8 Hector Street
Osborne Park
WA 6017
_MEAT EXPORTERS AND SUPPLIERS:_
Globe Meats
147 Great Eastern Highway
Bellevue
WA 6056
Harvey Meat Exports (E.G. Green & Sons)
Seventh Street
Harvey
WA 6220
_MILK TREATMENT PLANTS:_
P B Foods Ltd
Geddes Street
Balcatta
WA 6021
_MONUMENTAL MASONS & SCULPTORS:_
Karrakatta Monumental Works
59 Carrington Street
Nedlands
WA 6009
Perth Monumental Works
483 Great Eastern Highway
Redcliffe
WA 6104
_MOTOR BODY BUILDERS:_
Boomerang Engineering Pty Ltd
14 Wheeler Street
Belmont
WA 6104
Bosich Motor Body Works
20 Roydhouse Street
Wembley
WA 6014
Howard Porter Pty Ltd
Murphy Street
O'Connor
WA 6163
T L Engineering
300 Collier Road
Bayswater
WA 6053
Volgren Australia
47 Beringarra Avenue
Malaga
WA 6090
_MOTOR CHASSIS ALIGNERS:_
Lombardi Bros
11 Charles Street
Bentley
WA 6102
QVR Pty Ltd
126 Radium Street
Welshpool
WA 6106
_MOTOR CYCLES SALES & SERVICE:_
Cully's Motor Cycle Centre
9/511 Wanneroo Road
Balcatta
WA 6021
Rick Gill Motorcycles
13 Main Street
Osborne Park
WA 6017
Suzuki North
440 Scarborough Beach Road
Osborne Park
WA 6017
_MOTOR GARAGES & SERVICE STATIONS:_
Ampol Northlands
393 Wanneroo Road
Balcatta
WA 6021
Diesel Motors Pty Ltd
1089 Albany Highway
Bentley
WA 6102
Fennessy's Motors Pty Ltd
2 Bussell Highway
Busselton
WA 6280
_MOTOR TYRE DEALERS, RETREADERS & MANUFACTURERS:_
Bob Jane T-Mart
3 Ledgar Road
Balcatta
WA 6021
Bridgestone Australia Ltd
516 Abernethy Road
Kewdale
WA 6105
Goodyear Tyre & Rubber
511 Abernathy Road
Kewdale
WA 6105
Ian Diffen Tyres
2 Adrian Street
Welshpool
WA 6106
_MOTOR VEHICLE DISTRIBUTORS:_
Ford Motor Company (Australia) Pty Ltd
Level 2
1100 Hay Street
West Perth
WA 6005
General Motors Holden's Automotive Ltd
52 Delhi Street
West Perth
WA 6005
_NAIL MANUFACTURERS:_
Jambro Pty Ltd
7 O'Malley Street
Osborne Park
WA 6017
Stanley-Bostitch Pty Ltd
3/1731 Albany Highway
Kenwick
WA 6017
_PATTERNMAKERS:_
Osborne Patternmakers
2/5 Blamey Place
O'Connor
WA 6163
Pattern Making Services
57 Spencer Street
Jandakot
WA 6164
Tibbett & Coote
Cnr Harrison and President Streets
Welshpool
WA 6106
_PIPE & PIPE-FITTINGS - CAST IRON - MANUFACTURERS:_
Alltype Engineering Services
62 Burlingham Street
Naval Base
WA 6166
Galvin Engineering Pty Ltd
410 Victoria Road
Malaga
WA 6090
_PIPE & PIPE-FITTINGS - CONCRETE - MANUFACTURERS:_
CRC Humes Ltd
36 Felspar Street
Welshpool
WA 6106
James Hardie
Gate 4 Rutland Avenue
Welshpool
WA 6106
_PIPE & PIPE-FITTINGS - EARTHENWARE - MANUFACTURERS:_
Bristile Ltd
Harper Street
Caversham
WA 6055
Jayell Enterprises
14 Manners Street
Victoria Park
WA 6100
_PLASTIC MOULD MANUFACTURERS:_
_PLUMBERS & SHEETMETAL WORKERS:_
Astra Metal Products Pty Ltd
231 Camboon Road
Malaga
WA 6090
Australian Pacific Air Conditioning Manufacturing
Apac Way
Redcliffe
WA 6104
Bains Harding Industries Pty Ltd
21 King Edward Road
Osborne Park
WA 6017
Direct Engineering Services Pty ltd
36 Beringarra Avenue
Malaga
WA 6090
Lyons & Pierce
3 Cort Way
Rockingham
WA 6163
Plumbers (WA) & Co
Unit 20/81 Briggs Street
Carlisle
WA 6101
_PRINTERS:_
Crystal Printing Pty Ltd
112-114 Mallard Way
Cannington
WA 6107
Fineline Print & Copy Service Pty Ltd
11 Bramall Street
East Perth
WA 6004
Jiffy Instant Printing
11 Hutton Street
OSBORNE PARK WA 6017
_QUARRIES:_
Pioneer Concrete (WA) Pty Ltd
123 Burswood Road
Victoria Park
WA 6100
Readymix Group (The)
75 Canning Highway
Victoria ParkWA 6100
_REFRIGERATOR MANUFACTURERS:_
Arcus Australia Pty Ltd
10 Roydhouse Street
Wembley
WA 6014
Baker, AJ & Sons
209 Stirling Highway
Claremont
WA 6010
Pinakis Refrigeration Works Pty Ltd
254 Welshpool Road
Welshpool
WA 6106
_REFRIGERATION REPAIRERS & SERVICES:_ _ _
Carrier Airconditioning Pty Ltd
Apac Way
Redcliffe
WA 6104
Q A L Refrigeration WA Pty Ltd
78 Robinson Avenue
Belmont
WA 6104
_RETAIL & WHOLESALE STORES:_
Coles Myer Ltd
City Arcade Office Tower
Perth
WA 6000
David Jones
622 Hay Street
Perth
WA 6000
Woolworths (WA) Pty Ltd
123 Kewdale Road
Kewdale
WA 6105
_ROPE & CORDAGE & TWINE MANUFACTURERS:_ _ _
Donaghy Downs Pty Ltd
4 & 5/102 Briggs Street
Fremantle
WA 6160
_SAFE MANUFACTURERS:_
Chubb Safe
22 South Street
Rydalmere
NSW 2116
Makutz, B
6 Moresby Street
Kensington
WA 6151
_SAWMILLERS:_
Bunnings Forest Products Pty Ltd
2 Adams Drive
Welshpool
WA 6106
Colli & Sons
Kent Way
Malaga
WA 6090
_SCALES - SALES & SERVICE:_
Mettler Toledo Ltd
91 Holder Way
Malaga
WA 6090
Supreme Scale Service Pty Ltd
3/26 Collingwood Street
Osborne Park
WA 6017
_SCRAP METAL MERCHANTS:_
Metal Corp Recyclers
24 Chisolm Crescent
Kewdale
WA 6105
Simsmetal Ltd
200 Barrington Street
Spearwood
WA 6163
_SEWING MACHINE DISTRIBUTORS:_
Bernina Sewing Machines of Australia
13 Queen Street
Perth
WA 6000
Brother International (Aust) Pty Ltd
117 Great Eastern Highway
Belmont
WA 6104
Elna WA
337 Rockerby Road
Subiaco
WA 6008
Husqvarna Viking
9 Augusta Way
Willetton
WA 6155
Janome Sewing Machine Co. (Aust) Pty Ltd
117 Burswood Road
Victoria Park
WA 6100
_SPRING MAKERS:_
Jenkins Springs Pty Ltd
188 Railway Parade
Bassendean
WA 6054
Metro Baldocks Springs
75 Goodwood Parade
Rivervale
WA 6103
_TAXI SERVICES:_
Black & White Taxis
Fauntleroy Avenue
Redcliffe
WA 6104
Swan Taxis Co-Op Ltd
1008 Wellington Street
Perth
WA 6000
_TILE - ROOFING - MANUFACTURERS & LAYERS:_ _ _
Bristile Ltd
Harper Street
Caversham
WA 6055
CSR Monier Wunderlich
19-21 Sheffield Road
Welshpool
WA 6106
Wilroof Australia
32/86 Beechboro Road
Bayswater
WA 6053
_TIN MINES:_
Greenbushes Tin
Greenbushes
WA 6254
_TRACTOR MANUFACTURERS:_
McIntosh & Son
547 Great Eastern Highway
Redcliffe
WA 6104
NS Komatsu Pty Ltd
94 Sheffield Road
Welshpool
WA 6106
_TRANSFORMER MANUFACTURERS:_
ABB Transmission & Distribution
429 Scarborough Beach Road
Osborne Park
WA 6017
Radix Pty Ltd
37 Howe Street
Osborne Park
WA 6017
_TWO STROKE ENGINE COMPONENT PROTOTYPE:_ _ _
Orbital Engine Company (Aust) Pty Ltd
1 Whipple Street
Balcatta
WA 6021
_TYPEWRITER DISTRIBUTORS & SERVICES:_ _ _
Brother Industries Pty Ltd
177 Great Eastern Highway
Belmont
WA 6104
Can-Calc Pty Ltd
272 Hay Street
East Perth
WA 6004
_TYRE & TUBE MANUFACTURERS:_
Dunlop and Olympic Tyres Pty Ltd
239 Star Street
Welshpool
WA 6106
Goodyear Tyre & Rubber
511 Abernethy Road
Kewdale
WA 6105
_WASHING MACHINE MANUFACTURERS:_
Asko Appliances (Aust) Pty Ltd
15 Walters Drive
Osborne Park
WA 6017
Inhouse Laundries
Suite 2/589 Stirling Highway
Cottesloe
WA 6011
Maytag Commercial
40 Teddington Road
Burswood
WA 6100
_WASHING MACHINE REPAIRERS & SERVICES:_ _ _
Abel Appliance Service Co
28 Teddington Road
Victoria Park
WA 6100
_WELDERS:_
Alltype Engineering Services
62 Burlington Street
Naval Base
WA 6165
Fremantle Foundry & Engineering Co. Pty Ltd
8 Queen Victoria Street
Fremantle
WA 6160
Specialised Welding (WA) Pty Ltd
1 Alice Street
Bassendean
WA 6054
_WINDOW FRAME MANUFACTURERS:_
Alumimium Products (1964) Pty Ltd
1 Davidson Street
Maddington
WA 6109
Jason Windows
1 McDowell Street
Welshpool
WA 6106
Lidco Alumimium Windows Pty Ltd
1 Gary Road
Maddington
WA 6109
Stegbar
66 Prindiville Drive
Wangara
WA 6065
_WROUGHT IRON WORKERS:_
Floreat Iron Works
2/36 Sarich Court
Osborne Park
WA 6017
Notley & Co
15 Aldous Place
Booragoon
WA 6154
Perth Wrought Iron
33 Bassendean Road
Bayswater
WA 6053
THIRD SCHEDULE - NAMED PARTIES TO THE AWARD
Unions Parties
Metals and Engineering Workers' Union - Western Australian
Branch
Australian Electrical, Electronics, Foundry and Engineering
Union (Western Australian Branch)
APPENDIX - S.49B - INSPECTION OF RECORDS REQUIREMENTS
(1) Where this award, order or industrial agreement empowers a
representative of an organisation of employees party to this award, order
or industrial agreement to inspect the time and wages records of an
employee or former employee, that power shall be exercised subject to the
Industrial Relations (General) Regulations 1997 (as may be amended from
time to time) and the following:
(a) The employer may refuse the representative access to the records
if: -
(i) the employer is of the opinion that access to the records by
the representative of the organisation would infringe the privacy
of persons who are not members of the organisation; and
(ii) the employer undertakes to produce the records to an
Industrial Inspector within 48 hours of being notified of the
requirement to inspect by the representative.
(b) The power of inspection may only be exercised by a representative
of an organisation of employees authorised for the purpose in
accordance with the rules of the organisation.
(c) Before exercising a power of inspection, the representative shall
give reasonable notice of not less than 24 hours to an employer.
V A R I A T I O N R E C O R D
+-------+-------------------------------+-------------------+-------------------------+-----------+
| METAL TRADES (GENERAL) AWARD
|
|
|
|
|
|
|
| NO. 13 OF 1965.
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
|
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| Delivered 21/06/66 at 46 WAIG 707.
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| Section 93(6) Consolidation 26/05/88 at 68 WAIG
1961 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| Section 93(6) Consolidation 29/09/92 at 72 WAIG
2348 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| Section 93(6) Consolidation 06/01/97 at 77 WAIG
548 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*CLAUSE|*EXTENT OF VARIATION* |*ORDER NO.* |*OPERATIVE
DATE* |*GAZETTE |
|NO.* | | |
|REFERENCE* |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*1. Title*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|(1A Statement of Principles - August 1996)
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl & Title |940/97 |14/11/97
|77 WAIG |
| | | |
|3177 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|(1A. Statement of Principles - November 1997)
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. & Title |757/98 |12/06/98
|78 WAIG |
| | | |
|2579 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|(1A. Statement of Principles - June, 1998)
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Del. Cl. |609/99 |06/07/99
|79 WAIG |
| | | |
|1847 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*2. Arrangement*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |1A |940/97 |14/11/97
|77 WAIG |
| | | |
|3177 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |1A. Title |757/98 |12/06/98
|78 WAIG |
| | | |
|2579 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Del. 1A.Appendix 3Pt II 15 |609/99901/04909/04
|06/07/9915/09/0415/09/04 |79 WAIG |
| | | |
|184784 WAIG|
| | | |
|329884 WAIG|
| | | |
|3301 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*3. Area and Scope*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl |564/05 |17/2/06
|unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*4. Term*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*4A. Division of Award*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*PART I - GENERAL*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*5. Definitions and Classification Structure*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |519/00 |06/11/03
|84 WAIG 256|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*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*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(3)(f) (3)(f) |1756/2001909/04
|8/3/200215/09/04 |82 WAIG |
| | | |
|44784 WAIG |
| | | |
|3301 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(3)(f) |974/05 |15/02/06
|unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*15. Shift Work*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*16. Payment of Wages*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*17. Time and Wages Record*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Ins. Text |2053(1)/97 |22/11/97
|77 WAIG |
| | | |
|3138 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(2) Ins text. |491/98 |16/04/98
|78 WAIG |
| | | |
|1471 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*18. Special Rates and Provisions*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |- (5),(7), (9) |1756/2001909/04
|8/3/200215/09/04 |82 WAIG |
| |-(12),(14),(20)(a),(21),(22)Cl | |
|44784 WAIG |
| | | |
|3301 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl |974/05 |15/02/06
|unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*19. Car Allowance*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(3) |1756/2001909/04
|8/3/200215/09/04 |82 WAIG |
| | | |
|44784 WAIG |
| | | |
|3301 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(3) |974/05 |15/02/06
|Unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*20. Fares and Travelling Time*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*21. Distant Work*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(4)(a), (5) |1161(b)/96 |11/11/97
|78 WAIG 476|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(4) & (5) (4) & (5) |1756/2001909/04
|8/3/200215/09/04 |82 WAIG |
| | | |
|44784 WAIG |
| | | |
|3301 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(4) & (5) |974/05 |15/02/06
|unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*22. Location Allowances*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |1400/97 |01/07/97
|77 WAIG |
| | | |
|2547 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |975/98 |1/07/98
|78 WAIG |
| | | |
|2999 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |690/99 |01/07/99
|79 WAIG |
| | | |
|1843 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |1050/00 |01/08/00
|80 WAIG |
| | | |
|3153 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl |718/01 |01/08/01
|81 WAIG |
| | | |
|1559 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |686/02 |01/07/02
|82 WAIG |
| | | |
|1185 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |570/03 |01/07/03
|83 WAIG |
| | | |
|1657 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl |696/04 |1/07/04
|84 WAIG |
| | | |
|2145 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |458/05 |07/07/05
|Unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*23. Holidays and Annual Leave*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*24. Absence Through Sickness*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*25. Long Service Leave*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*26. Representative Interviewing Employees*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Ins. Text |2053(1)/97 |22/11/97
|77 WAIG |
| | | |
|3138 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*27. Posting of Award and Union Notices*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*28. Board of Reference*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*29. Bereavement Leave*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*30. Maternity Leave*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*31. Wages & Supplementary Payment*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Rates & Ins. Text |940/97 |14/11/97
|77 WAIG |
| | | |
|3177 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |min.wage prov |940/97 |14/11/97
|77 WAIG |
| | | |
|3177 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(1)(a)(b)(d); (2)(a); (6) | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(7)(a) |1231/98 |07/08/98
|78 WAIG |
| | | |
|3543 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(6)(f)(ii) |885/98 |01/12/98
|78 WAIG |
| | | |
|4864 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(6)(f)(iii) ins. Text |2226/98 |05/01/99
|79 WAIG 241|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(1)(a)-(b) - rates, (1)(d) |609/99 |01/08/99
|79 WAIG |
| |text, (6) - Min. Wage Rate & | |
|1847 |
| |text. | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |654/00 |01/08/00
|80 WAIG |
| | | |
|3379 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl |752/01 |01/08/01
|81 WAIG |
| | | |
|1721 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(2)(a), (3), (4), (7)(a) & (8) |1756/2001 |8/3/2002
|82 WAIG 447|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |797/02 |1/8/02
|82 WAIG |
| | | |
|1369 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |569/03 |5/06/03
|83 WAIG |
| | | |
|1899 & 2417|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(6)(9) |1197/03 |1/11/03
|83 WAIG |
| | | |
|3537 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Del Cl. (1)(b) |519/00 |06/11/03
|84 WAIG 256|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl(2)(a), (7) (8) |570/04909/04
|4/06/0415/09/04 |84 WAIG |
| | | |
|1521 & |
| | | |
|190684 WAIG|
| | | |
|3301 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |576/05 |07/07/05
|Unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(2)(a), (7)(a) & (8) |974/05 |15/02/06
|unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*32. Introduction of Change*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*32A. Redundancy*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*33. Superannuation.*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Ins. Text |599/98 |30/06/98
|78 WAIG |
| | | |
|2559 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*34. Avoidance of Industrial Disputes*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(1a)(a),(d);del. (e);(2)(e) |2053/97 |22/11/97
|77 WAIG |
| | | |
|3079 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*35. Training*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*36. Traineeships*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |? - rates. |609/99 |01/08/99
|79 WAIG |
| | | |
|1847 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |569/03 |5/06/03
|83 WAIG |
| | | |
|1899 & 2417|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl |570/04 |4/06/04
|84 WAIG |
| | | |
|1521 & 1906|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |576/05 |07/07/05
|Unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*Appendix 1 - Old Classifications*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(3)Correction subcl: (3) |901/04901/04901/04
|15/09/0422/9/042/12/04 |84 WAIG |
| |titleCorrection subcl (3) 13&14| |
|329884 WAIG|
| |classifications | |
|330185 WAIG|
| | | |
|992 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*Appendix 2 - Old Definitions*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|(Appendix 3 - ABB Power Transmission Pty Ltd)
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. 3.Rates & ASNA heading |940/97 |14/11/97
|77 WAIG |
| | | |
|3177 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. 3. rates. |609/99 |01/08/99
|79 WAIG |
| | | |
|1847 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. 3 |654/00 |01/08/00
|80 WAIG |
| | | |
|3379 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. 3 |752/01 |01/08/01
|81 WAIG |
| | | |
|1721 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |797/02 |1/08/02
|82 WAIG |
| | | |
|1369 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |569/03 |5/06/03
|83 WAIG |
| | | |
|1899 & 2417|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |ClTitle & App |570/04901/04
|4/06/0415/09/04 |84 WAIG |
| | | |
|1521 & |
| | | |
|190684 WAIG|
| | | |
|3298 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*Appendix 3 - ABB AUSTRALIA PTY LTD*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
|
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |576/05 |07/07/05
|Unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*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*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(4) (2)(b), (4) |1756/2001909/04
|8/3/200215/09/04 |82 WAIG |
| | | |
|44784 WAIG |
| | | |
|3301 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(2)(b) & (4) |974/05 |15/02/06
|unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*6. Allowance for Travelling and Employment in Construction Work*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(1)(a),(b),(c) |1161(b)/96 |11/11/97
|78 WAIG 476|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(1)(a) (1) |1756/2001909/04
|8/3/200215/09/04 |82 WAIG |
| | | |
|44784 WAIG |
| | | |
|3301 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(1)(a) - (c) |974/05 |15/02/06
|unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*7. Distant Work*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(6)(a), (7) |1161(b)/96 |11/11/97
|78 WAIG 476|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(5) & (7) (6) & (7) |1756/2001909/04
|8/3/200215/09/04 |82 WAIG |
| | | |
|44784 WAIG |
| | | |
|3301 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(6) & (7) |974/05 |15/02/06
|unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*8. Annual Leave Loading*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*9. Right of Entry*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Ins. Text |2053(1)/97 |22/11/97
|77 WAIG |
| | | |
|3138 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*10. Wages*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Rates & Ins. Text |940/97 |14/11/97
|77 WAIG |
| | | |
|3177 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |min.wage prov |940/97 |14/11/97
|77 WAIG |
| | | |
|3177 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(1)(b); (2)(a); (4)(5)(6) | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(8) |1231/98 |07/08/98
|78 WAIG |
| | | |
|3543 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(1)(b) - text, (2)(a) - rates, |609/99 |01/08/99
|79 WAIG |
| |(8) - Min. Wage Rate & text. | |
|1847 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |654/00 |01/08/00
|80 WAIG |
| | | |
|3379 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl |752/01 |01/08/01
|81 WAIG |
| | | |
|1721 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(4),(5)(a)(b)(c),(6)(a) |1756/2001 |8/3/2002
|82 WAIG 447|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |797/02 |01/08/02
|82 WAIG |
| | | |
|1369 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |569/03 |5/06/03
|83 WAIG |
| | | |
|1899 & 2417|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(8)(9) |1197/03 |1/11/03
|83 WAIG |
| | | |
|3537 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl(4), (5) & (6)Correction: |570/04909/04909/04
|4/06/0415/09/0422/9/04 |84 WAIG |
| |(6)(a)(i)&(ii) | |
|1521 & |
| | | |
|190684 WAIG|
| | | |
|330184 WAIG|
| | | |
|3306 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl. |576/05 |07/07/05
|Unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(4), (5) & (6) |974/05 |15/02/06
|unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*10A. Award Modernisation*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*10B. Structural Efficiency*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*11. Grievances and Disputes*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(1)(c) |2053/97 |22/11/97
|77 WAIG |
| | | |
|3079 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*12. Definition*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*13. Apprentices*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*14. Termination/Redundancy*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|(15. Special Provisions - State Energy Commission of Western Australia)
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |(2);(3)(a);(4)(5) |1231/98 |07/08/98
|78 WAIG |
| | | |
|3543 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |ClTitle & Cl |1756/2001909/04
|8/3/200215/09/04 |82 WAIG |
| | | |
|44784 WAIG |
| | | |
|3301 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*15. Special Provisions - Western Power Corporation*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Cl |974/05 |15/02/06
|unreported |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*FIRST SCHEDULE - Awards, Industrial Agreements and Orders Replaced*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*SECOND SCHEDULE - Schedule of Respondents*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Del. Resp |76/80 pt 206 |02/12/98
|78 WAIG |
| | | |
|4886 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Del. Resp. |76/80 pt 198 |01/02/99
|78 WAIG |
| | | |
|4886 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Sch. |1563/99 |03/02/00
|80 WAIG 370|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Sch |1785/00 |26/06/01
|81 WAIG |
| | | |
|1598 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Del Caterpillar of Aust |1190/02 |24/12/02
|83 WAIG 140|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Ins new industry heading & |564/05 |17/2/06
|unreported |
| |contents | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*Third Schedule - Named Parties to the Award*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
|*Appendix - S.49B - Inspection Of Records Requirements*
|
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |Ins. Text |2053(1)/97 |22/11/97
|77 WAIG |
| | | |
|3138 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| |App. |491/98 |16/04/98
|78 WAIG |
| | | |
|1471 |
+-------+-------------------------------+-------------------+-------------------------+-----------+
| | | |
| |
+-------+-------------------------------+-------------------+-------------------------+-----------+
METAL TRADES (GENERAL) AWARD 1966.
NO. 13 OF 1965.
PURSUANT to section 93(6a) of the Industrial Relations Act, 1979 the
following award has been Consolidated by the Registrar. This consolidated
award incorporates all orders of the Commission to have issued which vary
conditions contained in the award, and is current on or after the date
herein, until any such further variation of those conditions by order of
the Commission.
Dated at Perth this 15 th day of September 2004.
J SPURLING.
REGISTRAR.