Sheet Metal Workers' Award No. 10 of 1973
1. - TITLE
1. - TITLE
This award shall be known as the Sheet Metal Workers' Award No. 10 of 1973
and replaces Award No. 7 of 1952 as amended.
2. - ARRANGEMENT
1. Title
2. Arrangement
3. Definitions
4. Scope
5. Hours
6. Wages and Supplementary Payment
6A. Adult Minimum Wage
7. Special Rates and Provisions
8. Overtime
9. Payment of Wages
10. Holidays and Annual Leave
11. Under-rate Workers
12. Apprentices
13. Time and Wages Record
14. Tools
15. Junior Workers
16. Contract of Service
17. Absence Through Sickness
18. Term
19. Area
20. Junior Workers' Certificate
21. Breakdowns
22. Board of Reference
23. Fares and Travelling Time
24. Car Allowance
25. Distant Work
26. Location Allowances
27. Avoidance of Industrial Disputes
28. Long Service Leave
29. Representatives Interviewing Workers
30. Posting of Award and Union Notices
31. Shift Work
32. Bereavement Leave
33. Transitional Provisions
34. Maternity Leave
35. Part Time Employment
36. Superannuation
37. Training
38. Traineeships
Appendix - Resolution of Disputes Requirements
First Schedule - Schedule of Respondents
Second Schedule - Named Parties to the Award
Appendix 1 - Old Classification Structure and Definitions
Appendix - S.49B - Inspection Of Records Requirements
3. - DEFINITIONS
(1) General:
(a) means sheets of metal, ten gauge or lighter.
(b) means work on site in or in connection with:-
(i) the construction of a large industrial undertaking;
(ii) any large civil engineering project;
(iii) the construction or erection of the fifth and subsequent
storeys of any multi-storeyed building but only until the exterior
walls have been erected and the windows completed and a lift made
available to carry the worker between the ground floor and the
floor upon which he is required to work;
(iv) 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.
(2) Classification Structure and Definitions:
(a) The following classifications and definitions shall supersede the
old task and craft based definitions which are now contained in
Appendix 1 - Old Classifications and Definitions of this Award. It is
agreed by the parties to this Award that the following classifications
specify skill and training standards and broad areas of work. The
definitions recognise national qualifications outlined by the
Australian Council of Tertiary Awards and the standards set down by
the National Metals and Engineering Skills Training Board on behalf of
the National Training Board and recognised and accredited in Western
Australia by the appropriate State Training Authority (i.e. T.A.F.E.).
(b) Classifications are based on the progressive acquisition of modules
of skill and/or training and form the career path which determines the
pay rate structure. Through the N.M.E.S.T.B. and the training
providers, appropriate credits or exemptions will be given for
training already completed, or experience and skills already obtained.
(c) The structure recognises that credit for skill and formal training
is transferable from one classification to the next. Reclassification
on the basis of skills obtained through means other than training
accredited by the National Training Board will be subject to the
testing and competency standards set down by the N.M.E.S.T.B. and
recognised in Western Australia by the appropriate State Training
Authority and shall be in accordance with the training clause
contained in this Award.
+---------+-------------------------------+--------------------------+
|WAGE |CLASSIFICATION TITLE |MINIMUM TRAINING
|
|GROUP | |REQUIREMENT
|
+---------+-------------------------------+--------------------------+
| | |
|
+---------+-------------------------------+--------------------------+
|C10 |Engineering Tradesperson - |Trade Certificate or
|
| |Level IProduction Systems |Production/Engineering
|
| |Employee |Certificate III.
|
+---------+-------------------------------+--------------------------+
| | |
|
+---------+-------------------------------+--------------------------+
|C11 |Engineering/Production Employee|Production/Engineering
|
| |- Level IV |Certificate II.
|
+---------+-------------------------------+--------------------------+
| | |
|
+---------+-------------------------------+--------------------------+
|C12 |Engineering/Production Employee|Production/Engineering
|
| |- Level III |Certificate I.
|
+---------+-------------------------------+--------------------------+
| | |
|
+---------+-------------------------------+--------------------------+
|C13 |Engineering/Production Employee|In-house Training.
|
| |- Level II |
|
+---------+-------------------------------+--------------------------+
| | |
|
+---------+-------------------------------+--------------------------+
|C14 |Engineering/Production Employee|Up to 38 hours
induction |
| |- Level I |training.
|
+---------+-------------------------------+--------------------------+
*WAGE GROUP: C14*
*ENGINEERING/PRODUCTION EMPLOYEE - LEVEL I*
*(Relativity to C10 - 78%)*
An Engineering/Production Employee - Level I is an employee
undertaking 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 layout, work and documentation
procedures, occupational health and safety, equal employment
opportunities and quality control/assurance.
An employee at this level performs routine duties essentially of a
manual nature and to the level of their training -
(i) Performs general labouring and cleaning duties;
(ii) Exercises minimal judgement;
(iii) Works under direct supervision; or
(iv) Is undertaking structured training so as to enable them to
work at C13 level.
WAGE GROUP: C13
ENGINEERING/PRODUCTION EMPLOYEE - LEVEL II
(Relativity to C10 - 82%)
An Engineering/Production Employee - Level II who 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 their training:-
(i) Works under direct supervision either individually or in a team
environment.
(ii) Understands and undertakes basic quality control/assurance
procedures including the ability to recognise basic quality
deviations and faults.
(iii) 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 C10 - 87.4%)
An Engineering/Production Employee - Level III has
completed a Production/Engineering Certificate I or
equivalent training 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 C13 and to the level of their
training.
(i) Is responsible for the quality of their own work subject to
routine supervision;
(ii) Works under routine supervision either individually or in a
team environment;
(iii) Exercises discretion within their 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 C13;
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;
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 C10 - 92.4%)
An Engineering/Production Employee - Level IV 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.
At this level an employee performs work above and beyond
the skills of an employee at C12 and to the level of their
training:
(i) Works from complex instructions and procedures;
(ii) Assists in the provision of on the job training to a limited
degree;
(iii) Co-ordinates work in a team environment or works individually
under general supervision;
(iv) Is responsible for assuring the quality of their 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 Tradespersons Rights Certificate as an:
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 their training:
(i) Understands and applies quality control techniques;
(ii) Exercises good interpersonal and communications skills;
(iii) Exercises keyboard skills at a level higher than C11;
(iv) Exercises discretion within the scope of this grade;
(v) Performs work under limited supervision either individually or
in a team environment;
(vi) Operates all lifting equipment incidental to their work;
(vii) Performs non-trade tasks incidental to their work;
(viii) 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;
(ix) 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 a trade
certificate level qualification 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 their training:
(i) Understands and applies quality control techniques;
(ii) Exercises good interpersonal communications skills;
(iii) Exercises discretion within the scope of this grade;
(iv) Exercises keyboard skills at a level higher than C11;
(v) Performs work under general supervision either individually or
in a team environment;
(vi) 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 the following:
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 functions
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 drivers' certificate;
- has high level stores and inventory responsibility 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 employers operations as it
relates to the production process.
4. - SCOPE
This award shall apply to workers employed to do work in galvanised iron,
sheet-tin and other sheet metal, including stove and oven making and
repairing, canister making, gas meter making and repairing, manufacture of
metal furniture, making and repairing circulating radiators, Porcelain
Enamelling wet and dry.
5. - 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 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.
(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) 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 or
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 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 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.
(aa) except where the employee is required to transfer to
shiftwork;
(bb) an employee may be required to work shiftwork in
accordance with Clause 31. - Shift Work of this Award.
(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.
(vi) On construction work on which the majority of employees are
employed under this award, in addition to the rest period referred
to in this paragraph 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 paragraph only apply to an
employee on any day on which he is required for overtime for half
an hour or more immediately following his ordinary finishing time.
(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 12.00 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 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 the 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.
(v) Except in the case of continuous shift employees where the
ordinary hours of work are worked within an arrangement as
provided in subparagraphs (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 10. - 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 deputy, 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
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 subparagraph (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 subparagraphs (iii) and (iv) of paragraphs (a) 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 subparagraphs (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 this clause 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.
6. - WAGES AND SUPPLEMENTARY PAYMENT
(1) The minimum award rate payable weekly to adult employees (other than
apprentices) classified under a defined level as specified in Clause 3. -
Definitions, shall be made up of a base rate, plus a supplementary payment
and safety net adjustment, giving a total award rate as follows:-
+----------+-------------+---------------+--------------+-------------+
| |BASE RATE PER| SUPPLEMENTARY | SAFETY NET | TOTAL RATE |
| | WEEK *$* | PAYMENT *$* |ADJUSTMENT *$*|PER WEEK *$* |
+----------+-------------+---------------+--------------+-------------+
|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 |
+----------+-------------+---------------+--------------+-------------+
| | | | | |
+----------+-------------+---------------+--------------+-------------+
(2) Supplementary Payments:
(a) Where an employee is in receipt of a rate of pay which exceeds the
Award Rate Per Week prescribed in sub-clause (1) hereof, whether such
payment is being made by virtue of any order, industrial agreement or
other agreement or arrangements, then such rate will be deemed to be
inclusive of the Supplementary Payment.
(b) 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.
(c) Alterations to the base rate and supplementary payments, arising
out of the variation occurring on 15th May 1996 to reflect the
percentage relativities in Clause 3. - Definitions 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
remunerations in excess of the award rate per week prescribed in
sub-clause (1) 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.
(3) Junior Workers - Wage per week expressed as a percentage of the rate
prescribed for an employee classified as Level C13:-
+---------------------------------+------+
| | % |
+---------------------------------+------+
| | |
+---------------------------------+------+
|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 |
+---------------------------------+------+
(4) Apprentices - Wage per week expressed as a percentage of the award rate
for a Level C10 classification:-
+---------------------------------+------+
|Five Year Term | % |
+---------------------------------+------+
| | |
+---------------------------------+------+
|First Year | 40 |
+---------------------------------+------+
|Second Year | 48 |
+---------------------------------+------+
|Third Year | 55 |
+---------------------------------+------+
|Fourth Year | 75 |
+---------------------------------+------+
|Fifth Year | 88 |
+---------------------------------+------+
| | |
+---------------------------------+------+
|Four Year Term | % |
+---------------------------------+------+
| | |
+---------------------------------+------+
|First Year | 42 |
+---------------------------------+------+
|Second Year | 55 |
+---------------------------------+------+
|Third 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 |
+---------------------------------+------+
(5) Construction Allowance:
(a) In addition to the appropriate rates of pay prescribed in this
clause, a worker shall be paid -
(i) $37.20 per week if engaged on the construction of a large
industrial undertaking or any large civil engineering project.
(ii) $33.40 per week if engaged on a multistorey 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 he/she is required to
work. A multistorey building, when completed, will consist of at
least five storeys.
(iii) $19.70 per week if engaged otherwise on construction work
falling within the definition of construction work in Clause 3. -
Definitions 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.
(c) An allowance paid under this subclause includes any allowance
otherwise payable under Clause 7. - Special Rates and Provisions of
this award, except the allowance for work at heights.
(6) 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 more |21.00 |
| |than 10 other employees | |
+----+----------------------------------------------------+------+
| | | |
+----+----------------------------------------------------+------+
|(b) |If placed in charge of more than 10 and not more |32.20 |
| |than 20 other employees | |
+----+----------------------------------------------------+------+
| | | |
+----+----------------------------------------------------+------+
|(c) |If placed in charge of more than 20 other employees |41.60 |
+----+----------------------------------------------------+------+
(7) A casual worker 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.
(8) The rate prescribed in this award for any classification is not amended
by this clause and shall not, for the purposes of any other award, order,
industrial agreement or other agreement, be deemed to have been so amended.
(9) Structural Efficiency:
(a) Arising out of the decision of the State Wage Case on 8th September
1989 and in consideration of the wage increases resulting from the
first structural efficiency adjustment operative from the commencement
of the first pay period beginning on or after 3 November 1989,
employees are to perform a wider range of duties including work 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. 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 paragraph (c)
hereof shall be related to implementation of the new classification
structure, the facilitative provisions contained in this Award and,
subject to Clause 37. - Training of this award, matters concerning
training and, subject to paragraph (e) hereof, any other measures
consistent with the objectives of paragraph (b) hereof.
(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 sought 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 and take precedence over any
provision of this Award to the extent of any inconsistency.
(f) Any disputes arising in relation to the implementation of subclause
(c) and (d) hereof shall be subject to the provisions of Clause 27. -
Avoidance of Industrial Disputes of this award.
(10) Liberty to Apply:
Liberty is reserved for the parties to this Award to pursue the
inclusion of classification levels in excess of those currently
contained in subclause (1) of this Clause.
6A. - MINIMUM WAGE
(1) No adult employee shall be paid less than the Minimum Adult Award Wage
unless otherwise provided by this clause.
(2) The Minimum Adult Award Wage for full time adult employees is $484.40
per week payable on and from 7th July 2005.
(3) The Minimum Adult Award Wage of $484.40 per week is deemed to include
all arbitrated safety net adjustments from State Wage Case decisions.
(4) 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.
(5) 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.
(6) (a) 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.
(b) 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.
(7) Subject to this clause the Minimum Adult Award Wage shall -
(a) apply to all work in ordinary hours.
(b) apply to the calculation of overtime and all other penalty rates,
superannuation, payments during any period of paid leave and for all
purposes of this award.
(8) Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for
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.
(9) Adult Apprentices
(a) Notwithstanding the provisions of this clause, an apprentice, 21
years of age or over, shall not be paid less than $406.70 per week.
(b) The rate paid in paragraph (a) above is payable on superannuation
and during any period of paid leave prescribed by this Award.
(c) Where in this award an additional rate is expressed as a
percentage, fraction or multiple of the ordinary rate of pay, it shall
be calculated upon the rate prescribed in this award for the actual
year of apprenticeship.
(d) Nothing in this clause shall operate to reduce the rate of pay
fixed by this award for an adult apprentice in force immediately prior
to 5th June 2003.
7. - SPECIAL RATES AND PROVISIONS
(1) Height Money:
An employee shall be paid an allowance of $2.05 for each day work is
carried out at a height of 15.5 metres or more above the nearest
horizontal plane, but this provision does not apply to linespersons
nor to riggers and splicers on ships or buildings.
(2) Dirt Money:
An employee shall be paid an allowance of 43 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 71 cents per hour.
(4) Confined Space:
An employee shall be paid an allowance of 51 cents per hour when,
because of the dimensions of the compartment or space where work is
being performed, such employee is required to work in a stooped or
otherwise cramped position or without proper ventilation.
(5) Hot Work:
An employee shall be paid an allowance of 43 cents per hour when
working in the shade in any place where the temperature is raised by
artificial means to between 46.1 and 54.4 celsius.
(6) (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) prescribe 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.
(7) Percussion Tools:
An employee shall be paid an allowance of 25 cents per hour when
working a pneumatic rivetter of the percussion type and other
pneumatic tools of the percussion type.
(8) Chemical, Artificial Manure and Cement Works:
An employee, other than a general labourer, in chemical, artificial
manure and cement works shall, in respect of all work done in and
around the plant outside the machine shop, be paid an allowance
calculated at the rate of $10.50 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.
(9) 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
$13.90 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.
(10) A worker who is required to work from a ladder shall be provided with
an assistant on the ground where it is reasonably necessary for the
worker's safety.
(11) Special Rates Not Cumulative: Where more than one of the disabilities
entitling a worker to extra rates exists on the same job, the employer
shall be bound to pay only one rate, namely - the highest for the
disabilities so prevailing. Provided that this subclause shall not apply
to Confined Space, Dirt Money or Height Money, the rates for which are
cumulative.
(12) 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
his workers when engaged on work for which some protective equipment
is reasonably necessary.
(b) A worker shall sign an acknowledgement when he receives any article
of protective equipment and shall return that article to the employer
when he has finished using it or on leaving his employment.
(c) A worker to whom an article of protective equipment has been issued
shall not lend that article to another worker and if he does, both he
and that other worker shall be deemed guilty of wilful misconduct.
(d) An article of protective equipment which has been used by a worker
shall not be issued by the employer to another worker until it has
been effectively sterilised but this paragraph only applies where
sterilisation of the article is practicable and is reasonably
necessary.
(13) A worker employed at the Alumina Refinery, Kwinana on construction
work 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.
(14) Any dispute under this clause may be determined by the Board of
Reference.
8. - 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
5. - 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
paragraph (d) or (h) of subclause (1) of Clause 5. - 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 purpose 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 5. - 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 paragraph (a) of subclause
(5) of Clause 31. - Shift 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 the 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 subparagraphs (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 $8.80 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 such meal by the
employer or be paid $6.00 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 subparagraph (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 requirement.
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 7. - Special Rates and Provisions of this award
apply to that work.
9. - PAYMENT OF WAGES
(1) Each employee shall be paid the appropriate rate shown in Clause 6. -
Wages 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 subparagraph (i) or (ii) of paragraph
(a) of subclause (3) of Clause 5. - Hours of this award so that
the employee works 38 ordinary hours each week, wages shall be
paid weekly or fortnightly according to the actual ordinary hours
worked each week or fortnight.
(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 subparagraphs (iii) or (iv) of paragraph (a) of subclause (3)
of Clause 5. - 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 5. - Hours in subclause (3) paragraph (a) placita (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 6. - Wages 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 on 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
subparagraph (iii) or (iv) of paragraph (a) of subclause (3) of Clause
5. - 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 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 |X |average weekly |
|notaccrued during cycle | | pay 38 |
+------------------------+--+---------------+
Examples
(An employee's ordinary hours are arranged so that the employee
works 8 ordinary hours on five days of each week for 3 weeks
and 8 ordinary hours on four days of the fourth week).
1. Employee takes one day off without authorisation in
first week of cycle.
+-----------------+--+------------------------------------+
|Week of Cycle | |Payment |
+-----------------+--+------------------------------------+
| | | |
+-----------------+--+------------------------------------+
|1st week |= |average weekly pay less one day's |
| | |pay (ie. 1/5th) |
+-----------------+--+------------------------------------+
| | | |
+-----------------+--+------------------------------------+
|2nd and 3 rd |= |average weekly pay each week |
|weeks | | |
+-----------------+--+------------------------------------+
| | | |
+-----------------+--+------------------------------------+
|4th Week |= |average pay less credit not accrued |
| | |on day of absence |
+-----------------+--+------------------------------------+
| | | |
+-----------------+--+------------------------------------+
| |= |average pay less 0.4 hours xaverage |
| | |weekly pay 38 |
+-----------------+--+------------------------------------+
2. Employee takes each of the 4 days off without
authorisation in the 4th week.
+-----------------+--+------------------------------------+
|Week of Cycle | |Payment |
+-----------------+--+------------------------------------+
| | | |
+-----------------+--+------------------------------------+
|1st, 2nd and 3rd |= |average pay each week |
|weeks | | |
+-----------------+--+------------------------------------+
| | | |
+-----------------+--+------------------------------------+
|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|
| | |xaverage weekly pay 38 |
+-----------------+--+------------------------------------+
| | | |
+-----------------+--+------------------------------------+
| |= |1/5th average pay less 1.6 hours |
| | |xaverage 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 moneys 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 subparagraph (iii) or (iv) of paragraph
(a) of subclause (3) of Clause 5. - 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.
10. - 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 8. -
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.
(b) When any of the days mentioned in paragraph (a) hereof falls on a
Saturday or a Sunday the holiday shall be observed on the next
succeeding Monday and when Boxing Day falls on a Sunday or a Monday
the holiday shall be observed on the next succeeding Tuesday. In each
case the substituted day shall be a holiday without deduction of pay
and the day for which it is substituted shall not be a holiday.
(2) On any public holiday not prescribed as a holiday under this award, the
employer's establishment or place of business may be closed, in which case
a worker need not present himself for duty and payment may be deducted but
if work be done, ordinary rates of pay shall apply.
(3) (a) Except as hereinafter provided a period of four consecutive weeks
leave with payment as prescribed in paragraph (b) shall be allowed
annually to a worker by his employer after a period of twelve months
continuous service with that employer.
(b) (i) A worker before going on leave shall be paid wages he would
have received in respect of the ordinary time he would have worked had
he not been on leave during the relevant period.
(ii) Subject to paragraph (c) hereof a worker 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 him as prescribed in clause 6 Wages
of this award and the rates prescribed by subclauses (6) and
(7) of clause 7 - Special Rates and Provisions and clause 26 -
Location Allowances of this award and;
(bb) Subject to paragraph (c)(ii) hereof the rate prescribed
for work in ordinary time by clause 31 - Shift Work of this
award according to the worker's roster or projected roster,
including Saturday and Sunday shifts;
(cc) Any other rate to which the worker is entitled in
accordance with his contract of employment for ordinary hours
of work; provided that this provision shall not operate so as
to include any payment which is of similar nature to or is
paid for the same reasons as or is paid in lieu of those
payments prescribed by clause 8 Overtime clause 7 - Special
Rates and Provisions, Clause 24 - Car Allowance, Clause 23 -
Fares and Travelling Time or Clause 25 - Distant Work, of this
award, nor any payment which might have become payable to the
worker 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 therein. 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, of this Award 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 (5) hereof, the loading
prescribed by this paragraph shall not apply to proportionate
leave on termination.
(4) If any award holiday falls within a worker's period of annual leave and
is observed on a day which in the case of that worker 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
(5) (a) A worker whose employment terminates after he 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 in lieu of that leave or, in a case to which subclauses (8),
(10) or (11) of this clause applies, in lieu of so much of that leave as
has not been allowed unless:-
(i) he has been justifiably dismissed for misconduct; and
(ii) the misconduct for which he 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.
(6) Any time in respect of which a worker is absent from work, except time
for which he 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 his right to annual leave.
(7) In the event of a worker being employed by an employer for portion only
of a year, he shall only be entitled subject to subclause (5) of this
clause, to such leave on full pay as is proportionate to his length of
service during that period with such employer, and if such leave is not
equal to the leave given to the other workers, he shall not be entitled to
work or pay whilst the other workers of such employer are on leave on full
pay.
(8) 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.
(9) The provisions of this clause shall not apply to casual workers.
(10) Where an employer closes down his business, or a section or sections
thereof, for the purpose of allowing annual leave to all or bulk of the
workers in the business, or section or sections concerned, the following
provisions shall apply:-
(a) He may by giving not less than one month's notice of his intention
so to do, stand off for the duration of the close-down all workers in
the business or section or sections concerned.
(b) An employer may close down his business for one or two separate
periods for the purpose of granting annual leave in accordance with
this subclause. If the employer closes down his 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
workers in the business or section or sections concerned agree, the
employer may close down his 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 workers 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 his 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 a worker 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
workers in the business, or a section or sections thereof respectively
and before asking the workers 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) Nothing herein contained shall apply to any worker who left his
employment or whose employment was terminated by his employer prior to the
30th day of September, 1974.
11. - UNDER-RATE WORKERS
(1) Any worker 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.
12. - APPRENTICES
(1) The employment of apprentices shall be governed by the provisions of
the Apprenticeship Regulations 1972.
(2) Apprentices may be taken to sheetmetal working (1st Class) metal
spinning (1st Class), first class welding and first class painting
(Sheetmetal).
(3) The maximum number of apprentices allowed to any employer shall be in
the proportion of one apprentice to every two or fraction of two
journeymen employed by him. Provided that the fraction of two shall not be
less than one. Provided further than in an approved shop or factory the
proportion shall be one apprentice for every one journeyman. For the
purpose of this proviso an approved shop or factory shall be one to which
approval (as regards one or more particular trades) has been given by the
Board of Reference appointed under Clause 22 Board of Reference hereof.
(4) Except as hereinafter provided, every agreement of apprenticeship shall
be for a period of five years other than for the trade of first class
painting (Sheetmetal) which shall be for a period of four years unless,
with approval of the Commission such periods are reduced or deemed to have
been commenced prior to the date of the agreement, provided that -
(a) where the apprentice other than a first class painting (Sheetmetal)
apprentice has completed the tenth year of schooling and has obtained
the Achievement Certificate, High School Certificate or Junior
Certificate of the Public Examinations Board in such subjects and at
such levels as the appropriate Apprenticeship Advisory Board
determines and has the vocational aptitude for the trade concerned,
the period of apprenticeship shall be four years; and
(b) where the apprentice has completed the eleventh year of schooling
and has obtained the Achievement Certificate, High School Certificate
or Junior Certificate of the Public Examinations Board in such
subjects and at such levels as the appropriate Apprenticeship Advisory
Board determines and has the vocational aptitude for the trade
concerned, he may be allowed a credit to reduce the period to three
and a half years; and
(c) where the apprentice has completed the twelfth year of schooling
and has obtained the Achievement Certificate, the High School
Certificate or Leaving Certificate of the Public Examinations Board in
such subjects and at such levels as the appropriate Apprenticeship
Advisory Board determines and has the vocational aptitude for the
trade concerned, he may be allowed a credit to reduce the period to
three years.
(5) (a) Where classes are provided by the Technical Education Division of
the Education Department in the locality in which the apprentice is
employed, the hours of attendance at such classes shall be -
(i) where the period of apprenticeship is for five years - eight
hours per week for the first school year and eight hours per
fortnight for each of the three subsequent school years;
(ii) where the period of apprenticeship is for four years or less -
eight hours per week for the first and second school years and
eight hours per fortnight for the next school year, provided that;
(b) Where suitable facilities for block release are provided for first
class painting (sheetmetal), by the Technical Education Division of
the Education Department, the period during which an apprentice to
that trade is to attend vocational classes shall be six weeks in each
of the first, second and third school years, consisting of two periods
of three weeks respectively.
(c) Subject to Regulation 28 of the Apprenticeship Regulations an
apprentice to first class painting (Sheetmetal) from any district in a
country area where an appropriate technical class is not established
for that trade, shall attend an approved technical centre for two
weeks' training each year without loss of pay.
13. - TIME AND WAGES RECORD
(1) Each employer shall keep a time and wages book showing the name of each
worker, the nature of his 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 he shall be allowed to
take extracts therefrom. Before exercising a power of inspection the
representative shall give reasonable notice of not less than 24 hours to
the employer. The employer's works shall be deemed to be a convenient
place for the purpose of this paragraph and if for any reason the record
is not available at the works when the official calls to inspect same, it
shall be made available for inspection within 24 hours, either at the
employer's office or at the works.
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.
15. - JUNIOR WORKERS
15. - JUNIOR WORKERS
(1) Unapprenticed juniors may be employed in all occupations for which
apprenticeship is not provided.
(2) No junior worker under 18 years of age shall be employed as an operator
of a power-driven guillotine, or as a die-setter on power presses.
16. - CONTRACT OF SERVICE
(1) A contract of service to which 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.
(2) 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 (5) of this
clause and the contract terminates when that period expires.
(3) In lieu of giving the notice referred to in subclause (2) of this
clause an employer may pay the worker concerned his ordinary wages for the
period of notice to which he would otherwise be entitled.
(4) (a) Where a worker 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
he 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 worker 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 worker pays to the employer,
whether by forfeiture or otherwise an amount equivalent to the
worker's ordinary wages for the period of notice which should have
been given.
(5) The period of notice referred to in subclause (2) of this clause is:-
(a) in the case of a casual worker, 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.
(6) In lieu of giving the notice referred to in subclause (2) of this
clause an employer shall, in the case of a worker who has been engaged
solely for construction work and who has completed one months' service
with that employer, give notice to the worker on the day on the day on
which the contract of service is to end and pay the worker one week's
ordinary wages: Provided that where a worker, 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 him under this subclause shall be credited towards payment
of any moneys due in his new employment.
(7) (a) On the first day of engagement, a worker 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 he is hired as a casual
worker, he shall be advised accordingly.
(b) A worker shall, for the purpose of this award, be deemed to be a
casual worker -
(i) if the expected duration of employment is less than one month;
or
(ii) if the notification referred to in paragraph (a) of this
subclause is not given and the worker is dismissed through no
fault of his own within one month of commencing employment.
(8) The employer shall be under no obligation to pay for any day not worked
upon which the worker is required to present himself for duty, except when
such absence from work is due to illness and comes within the provisions
of clause 17 - Absence through Sickness or such absence in on account of
holidays to which the worker is entitled under the provisions of this
award.
17. - ABSENCE THROUGH SICKNESS
(1) (a) An employee who is unable to attend or remain at the place of
employment during the ordinary hours of work by reason of personal ill
health or injury shall be entitled to payment during such absence in
accordance with the 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 subparagraph (i) or (ii) of paragraph (a) of
subclause (3) of Clause 5. - Hours so that the employee
actually works 38 ordinary hours each week 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 subparagraph (iii) or (iv) of paragraph (a) of
subclause (3) of Clause 5. - 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 | |5 |
|normally 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 subparagraph (iii) or (iv) of paragraph (a) of subclause
(3) of Clause 5. - 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 inability
to attend for work, the nature of the illness or injury and the estimated
duration of the absence. Provided that such advice, other than in
extraordinary circumstances shall be given to the employer within 24 hours
of the commencement of the absence.
(4) The provisions of this clause do not apply to an employee who fails to
produce a certificate from a medical practitioner dated at the time of the
absence or who fails to supply such other proof of the illness or injury
as the employer may reasonably require provided that the employee shall
not be required to produce a certificate from a medical practitioner with
respect to absences of two days or less unless after two such absences in
any year of service the employer requests in writing that the next and
subsequent absences in that year if any, shall be accompanied by such
certificate.
(5) (a) Subject to the provisions of this subclause, the provisions of this
clause apply to an employee who suffers personal ill health or injury
during the time when 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 the place
of residence or a hospital as a result of the employee's 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's 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 10. - 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 10. - 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.
18. - TERM
The term of this award shall be for a period of three months from the
beginning of the first pay period commencing after the date hereof.
The date of this award is the 13th day of July, 1973.
19. - AREA
This award shall operate throughout the State of Western Australia.
20. - JUNIOR WORKERS' CERTIFICATE
(1) Junior workers shall furnish the employer with a certificate showing
the following particulars -
(a) Name in full
(b) Age and date of birth.
(c) Name of each previous employer
(d) Length of service with each previous employer.
(2) This certificate shall be signed by the worker.
(3) No worker shall have any claim upon the employer for additional wages
in the event of his age or length of service being wrongly stated on the
certificate.
(4) No endorsement whatever shall be made by an employer on any such
certificate.
21. - BREAKDOWNS
The employer shall be entitled to deduct payment for any day or portion of
a day upon which the worker cannot be usefully employed because of any
strike by the union or unions affiliated with it or by any other
association or union, or through the breakdown of the employer's machinery
or any stoppage of work by any cause which the employer cannot reasonably
prevent.
22. - BOARD OF REFERENCE
(1) The Commission hereby appoints for the purposes of this award, a Board
of Reference consisting of a chairman and two other members who shall be
appointed pursuant to regulation 52 of the Industrial Arbitration Act
(Industrial Commission) Regulations, 1974.
(2) The Board of Reference is hereby assigned the function of allowing,
approving, fixing, determining or dealing with any matter of which, under
this award, may be allowed, approved, fixed, determined or dealt with by a
Board of Reference.
23. - FARES AND TRAVELLING TIME
(1) (a) A worker who, on any day, or from day to day is required to work at
a job away from his accustomed workshop or depot shall, at the direction
of his employer, present himself for work at such job at the usual
starting time.
(b) A worker to whom paragraph (a) of this subclause applies shall be
paid at ordinary rates for time spent in travelling between his 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 his home and his accustomed workshop or
depot.
(c) A worker who with the approval of his employer uses his own means
of transport for travelling to or from outside jobs shall be paid the
amount of excess fares and travelling time which he would have
incurred in using public transport unless he has an arrangement with
his employer for a regular allowance.
(2) An employee, to whom subclause (1) of this clause does not apply and
who is engaged on construction work, shall be paid an allowance in
accordance with the provisions of this subclause to compensate for excess
fates and travelling from the employee's home to his/her place of work and
return -
(a) On places within a radius of 30 kilometres from GPO Perth - $2.10
per day.
(b) For each additional kilometre up to 53 kilometres - 8 cents per
kilometre.
(c) Subject to the provisions of paragraph (d) hereof, work performed
at places beyond 53 kilometres from the GPO Perth shall be deemed to
be outside 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 12 cents per kilometre shall be paid for
each kilometre in excess of 53 kilometres.
(d) In respect to work carried out from an employer's depot situated
more than 53 kilometres from the GPO Perth, the main Post Office in
the town in which such depot is situated is substituted as the centre
for the purpose of calculating the allowance to be paid to employees
as follows:
(i) On places of work within a radius of three kilometres from such
Post Officer - Nil.
(ii) On places of work beyond a radius of three kilometres but
within a radius of 21 kilometres from such Post Officer - $2.10
per day.
(iii) For each additional kilometre up to 53 kilometres - 8 cents
per kilometre.
(3) For travelling during working hours from and to the employer's place of
business or from one job to another a worker shall be paid by the employer
at ordinary rates. The employer shall pay all fares and reasonable
expenses in connection with such travelling.
(4) Where clause 25 Distant Work of this award applies to the majority of
the workers employed under this award on any construction work, the
provisions of this clause do not apply but the provisions of subclause (7)
of the said clause 25 shall be applied to each worker as if he were
supplied with board and lodging.
24. - CAR ALLOWANCE
(1) Where a worker is required and authorised to use his own motor vehicle
in the course of his duties, he 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 worker may make any other
arrangement as to car allowance not less favourable to the worker.
(2) Where a worker 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.
Rates of Hire for Use of Worker's Own Vehicle on Employer's Business -
Cents per kilometre.
+---+------------------------+-------------------+
|1 |South of 26 degrees | |
| |south latitude- | |
+---+------------------------+-------------------+
| |Area and Details | |
+---+------------------------+-------------------+
| |Metropolitan area |50 cents |
+---+------------------------+-------------------+
| |South West Land Division|50 cents |
+---+------------------------+-------------------+
| |Other areas |53 cents |
+---+------------------------+-------------------+
| | | |
+---+------------------------+-------------------+
|2 |North of 26 degrees | |
| |south latitude- | |
+---+------------------------+-------------------+
| |All areas |61 cents |
+---+------------------------+-------------------+
25. - DISTANT WORK
(1) Where a worker is engaged or selected or advised by an employer to
proceed to construction work at such a distance that he cannot return to
his home each night and the worker does so, the employer shall provide the
worker with suitable board and lodging or shall pay the expenses
reasonably incurred by the worker for board and lodging.
(2) The provisions of sub-clause (1) of this clause do not apply with
respect to any period during which the worker is absent from work without
reasonable excuse and in such a case, where the board and lodging is
supplied by the employer, he may deduct from moneys owing or which may
become owing to the worker 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 a worker or person engaged who is directed
by his employer to proceed to the locality of the site and who
complies with such direction.
(b) the worker 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 a worker who, after one month of employment with an employer,
leaves his employment, or whose employment is terminated by his employer
except for incompetency, within one working week of his commencing work on
the job or for misconduct and in either instance subject to the provisions
of Clause 16 - Contract of Service of this award returns to the place from
whence he first proceeded to the locality, or to a place less distant than
or equidistant to the place whence he first proceeded, the employer shall
pay all expenses - including fares, transport of tools, meals and, if
necessary, suitable overnight accommodation - incurred by the worker in so
returning. Provided that the employer shall in no case be liable to pay a
greater amount under this subclause than he would have paid if the worker
had returned to the locality from which he first proceeded to the job.
On construction 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
worker's first or later wages but the amount so deducted shall be
refunded to the worker if he continues to work for three months, or,
if the work ceases sooner, for so long as the work continues.
(b) If the worker continues to work for the employer for at least six
months the employer shall, on termination of the worker's engagement,
pay the fare of the worker back from the place of work to the place of
engagement if the worker so desires.
(6) An employee to whom the provisions of subclause (1) of this clause
apply shall be paid an allowance of $22.40 for any weekend that he/she
returns to his/her home from the job, but only if -
(a) the employer or his/her agent is advised of the intention not later
than the Tuesday immediately preceding the weekend in which the
employee so returns;
(b) the employee is not required for work during that week-end;
(c) the employee returns to the job on the first working day following
the week-end; and
(d) the employer does not provide, or offer to provide, suitable
transport.
(6A) (1) Notwithstanding any other provisions contained in this clause and
in lieu of any such provisions the following conditions shall apply to a
worker who is engaged or selected or advised by an employer to proceed to
construction work at such distance that he 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) A worker may return to his home or to Perth or to any other place
at a weekend to be mutually agreed upon between the worker and his
employer:
(i) After four continuous months service with his employer; and in
addition to the weekend the worker 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 his employer; and in addition to the weekend, the worker
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 a worker 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 his employer, on the
first working day for that worker immediately following the period of
leave referred to in paragraph (a) hereof, that worker shall be paid
at the completion of the first pay period commencing on or after the
day upon which the worker 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 a worker
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.
(2) Any time in respect of which a worker is absent from work except time
for which he is entitled to claim payment pursuant to Clause 17. - Absence
through Sickness or time spent on holidays pursuant to subclause (1) of
Clause 10. - Holidays and Annual Leave shall not count for determining his
rights to travel and leave under the provisions of this subclause.
(7) Where an employee, supplied with board and lodging by his/her employer,
is required to live more than 800 metres from the job, he/she shall be
provided with suitable transport to and from that job or be paid an
allowance of $9.85 per day, provided that where the time actually spent in
travelling either to or from the job exceeds 20 minutes, that excess
travelling time shall be paid for at ordinary rates, whether or not
suitable transport is supplied by the employer.
(8) The provisions of subclauses (1), (2), (3), (6) and (7) of this clause
shall be deemed to apply to a worker who is in the regular employment of
an employer and who is sent by his employer to distant work (whether
construction work or not) but the provisions of subclause (4) of this
clause do not apply to such a worker.
26. - 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.
27. - AVOIDANCE OF INDUSTRIAL DISPUTE
(1) A procedure for the avoidance of industrial disputes shall apply in
establishments covered by this award.
The objectives 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.
(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 representative;
(iii) discussions involving representatives from the state branch
of the union(s) concerned and the employer representatives;
(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 dispute.
(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.
28. - LONG SERVICE LEAVE
The Long Service Leave provisions published in Volume 45 of the Western
Australian Industrial Gazette at pages 15 to 21 inclusive are hereby
incorporated in and shall be deemed to be part of this award.
29. - REPRESENTATIVES INTERVIEWING WORKERS
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.
In the event of an industrial dispute existing or anticipated concerning
any of the provisions of this Award the Secretary or an accredited
representative of the union shall be permitted on the business premises of
the employer during working hours. Provided that such officer shall not
wilfully hamper or hinder the workers during their working time and he may
interview any worker or converse with him during any lunch hour or non
working time.
30. - POSTING OF AWARD AND UNION NOTICES
The employer shall keep a copy of this award in a convenient place in the
workshop and he shall also provide a notice board for the posting of union
notices.
31. - SHIFT WORK
(1) The provisions of this clause apply to shift work whether continuous or
otherwise.
(a) 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.
(b) An employer may work the establishment on shifts on other than
construction work 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.
(2) (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.
(3) Where a shift commences at or after 11.00 p.m. 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.
(4) 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.
(5) (a) A shift worker engaged on construction work or on commissioning
tests for new plant shall, in addition to his ordinary rate, be paid per
shift of eight hours, a loading of twenty-five per cent for night shift.
(b) In any other case a shift worker when on afternoon or night shift
shall be paid, for such shift fifteen per cent more than his ordinary
rate prescribed by this award.
(c) 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. |
+---------+--+-----------------------------+
(d) These rates shall be paid in lieu of the shift allowances
prescribed in this subclause.
(6) 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.
(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.
32. - BEREAVEMENT LEAVE
(1) A worker, other than a casual worker, shall, on the death within
Australia of a wife, husband, father, mother, brother, sister, child or
stepchild, be entitled on notice to 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 worker in
two ordinary working days. Proof of such death shall be furnished by the
worker to the satisfaction of his employer.
(2) Payment in respect of compassionate leave is to be made only where the
worker otherwise would have been on duty and shall not be granted in any
case where the worker concerned would have been off duty in accordance
with any shift roster or on long service leave, annual leave, sick leave,
worker's compensation, leave without pay or on a public holiday.
(3) For the purposes of this clause the pay of a worker employed on shift
work shall be deemed to include any usual shift allowance.
33. - TRANSITIONAL PROVISIONS
(1) Duration:
It is agreed between the parties that a transition/implementation
period shall operate from the first pay period to commence on or after
15 May 1996 until the first pay period beginning on or after 15 May
1997.
(2) Objective:
The objective of this transition/implementation period is -
(a) to enable all parties to the award to familiarise themselves with
the new wage classification and definition structure; and
(b) for each plant or establishment to apply (subject to the
transitional arrangements below) the new wage, classification and
definition structure set out in Clause 3. - Definitions and Clause 6.
- Wages and Supplementary Payments of this Award.
(3) Transitional Arrangements:
In order to assist an orderly transition, the following arrangements
shall apply:-
(a) From the first pay period commencing on or after 15 May 1996 an
employee's new wage group shall be determined in accordance with
Clause 3 - Definitions and Clause 6. - Wages and Supplementary
Payments of this Award.
(b) Transfer to the new classification structure and definitions shall
be subject to the availability of the Implementation Manual.
(c) The parties at each plant or enterprise shall undertake appropriate
consultation in accordance with subclause (9) in Clause 6. - Wages and
Supplementary Payments of this Award.
(d) Upon transition to the new classification structure, subject to
subparagraph (c) hereof employees will perform work in accordance with
the new classification structure and definitions set out in Clause 3 -
Definitions of this Award in lieu of the old definitions and
classification structure which is now contained in Appendix 1 - Old
Classification Structure and Definitions of this Award.
(e) Any disputes in relation to the transition/implementation of the
new wage, classification and definition structure shall be handled in
accordance with the procedures prescribed by Clause 27. - Avoidance of
Industrial Disputes of this award.
(f) Wage increases arising from broad-banding and adjustment of minimum
rates are subject to absorption into existing over-award payments.
(4) Reclassification will be according to the following principles:-
(a) Employees will transfer to the new classification structure without
loss of pay in accordance with the schedule contained in Appendix 1 -
Old Classification Structure and Definitions of this Award which is
agreed between the parties as 'lining-up' the old classifications with
the new wage groups.
(b) Reclassification to any higher level shall be contingent upon such
additional work being available and required to be performed by the
employer.
(c) In the event that there is a claim for reclassification by an
existing employee to a higher level under the new structure on the
ground that the employee possesses equivalent skill and knowledge
gained through on-the-job experience or on any other ground the
following principles apply:-
(i) The parties agree that the existing award disputes avoidance
procedure shall be followed.
(ii) The Implementation Manual shall lay down procedures for
testing the validity of an employee's claim for reclassification.
These procedures shall be undertaken by an independent third party
recognised by the National Training Board - e.g. T.A.F.E.
(d) Reclassification in accordance with the provisions of this Clause
shall be available one time to an employee and in order to be
successful reclassification claims must be lodged with the employer in
writing prior to 15 May 1997. The employer shall give receipt of the
claim to the employee concerned. Future reclassification will then
only be available through complying with the requirements of the
definitions
(e) It is agreed between the parties that any employee who was
reclassified as a result of the insertion of the former Appendix 1 -
Classification Structure and Definitions into this Award on 16 May
1990, will not be eligible to apply for a further reclassification in
accordance with the provisions of this Clause.
(5) Review:
(a) Prior to the expiration of the transition/implementation period,
the parties at the industry level will consult with their respective
members and make any changes to the classification structure as they
may be advised.
(b) At the expiration of the transition/implementation period,
employers will be required to have completed the transitional phase.
(c) The parties are committed to modernising the terms of the Award and
to addressing the issues associated with training prior to the expiry
of the twelve month period.
34. - MATERNITY LEAVE
(1) Eligibility for Maternity Leave
A worker 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) A worker shall include a part-time worker but shall not include a
worker 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 twelve 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) A worker 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) A worker 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) A worker 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 worker make it inadvisable for the worker to
continue at her present work, the worker 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 worker may, or
the employer may require the worker 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 worker 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 worker 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 a worker terminates other than by the birth of a
living child.
(b) Where the pregnancy of a worker then on maternity leave terminates
other than by the birth of a living child, it shall be the right of
the worker 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
worker to the employer that she desires to resume work.
(6) Special Maternity Leave and Sick Leave
(a) Where the pregnancy of a worker 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 a worker 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) A worker 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 a worker 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 worker 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) A worker 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 a
worker 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 a
worker but shall not be taken into account in calculating the period
of service for any purpose of the award.
(9) Termination of Employment
(a) A worker 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 a worker 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) A worker shall confirm her intention of returning to her 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) A worker, 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 a
worker 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 worker 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 Workers
(a) A replacement worker is a worker specifically engaged as a result
of a worker proceeding on maternity leave.
(b) Before an employer engages a replacement worker under this
subclause, the employer shall inform that person of the temporary
nature of the employment and of the rights of the worker who is being
replaced.
(c) Before an employer engages a person to replace a worker temporarily
promoted or transferred in order to replace a worker 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
worker who is being replaced.
(d) Provided that nothing in this subclause shall be construed as
requiring an employer to engage a replacement worker.
(e) A replacement worker shall not be entitled to any of the rights
conferred by this clause except where her employment continues beyond
the twelve months qualifying period.
35. - 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 purposes 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 (5) of Clause 10. - 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 10. - 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 17. - 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 32. - 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 8. - Overtime of this award.
36. - 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) in the case of a junior employee, achieved an average 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 eligible 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.
(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.
(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 1 July 1990 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.
(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.
37. - 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 (7) in
Clause 6. - Wages, of this Award, 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 (7)
of Clause 6. - Wages, of this Award, 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) hereof shall
be subject to the provisions of Clause 27. - Avoidance of Industrial
Disputes, of this Award.
38. - 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 facilitates a system of traineeships which provides
approved training in conjunction with employment in order to enhance
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 28 July 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 State 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 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 over-all 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
duration of one year, 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 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
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.
(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 paragraphs (b) or (d) of this subclause.
(ii) These wage rates will only apply to Trainees while they 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) Traneeships (excluding ATS and CST):
*Figures in brackets indicate the average proportion of
time spent on approved training to which the associate
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%.
(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 | 175.00 | 244.00 |
| | (50%)*166.00 |(33%)198.00 | |
| | (33%) | (25%) | |
+------------------+--------------+------------+------------+
|plus 1 year out of| 198.00 | 244.00 | 282.00 |
|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 | | |
+------------------+--------------+------------+------------+
(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
|
+-------------------+------------------+------------+------------+
|*School Leaver* | *Year 10* | *Year 11* | *Year
12* |
+-------------------+------------------+------------+------------+
| | *$* | *$* | *$*
|
+-------------------+------------------+------------+------------+
| |142.00(50%)*166.00| 175.00 | 234.00
|
| | (33%) |(33%)198.00 |
|
| | | (25%) |
|
+-------------------+------------------+------------+------------+
|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 | |
|
+-------------------+------------------+------------+------------+
(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 |
+-----------------+------------+------------+------------+
|*School Leaver* | *Year 10* | *Year 11* | *Year 12* |
+-----------------+------------+------------+------------+
| | $ | $ | $ |
+-----------------+------------+------------+------------+
| | 142.00 | 175.00 | 221.00 |
| |(50%)*166.00|(33%)198.00 | |
| | (33%) | (25%) | |
+-----------------+------------+------------+------------+
|plus 1 year out | 198.00 | 221.00 | 248.00 |
|of 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 | | |
+-----------------+------------+------------+------------+
(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) not 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:
(aa) 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 (2) in
Clause 6. - Wages 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.
(bb) In any case, the rate determined shall not be less than
the minimum rate prescribed in the Australian Traineeship
guide-lines as amended from time to time.
(ii) Career Start Traineeship:
(aa) 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 by subclause
(2) of Clause 6. - Wages of this Award.
(bb) 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 3. - Definitions of this Award and the wage rate relevant
thereto as prescribed in Clause 6. - Wages 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 for Level C12 prescribed by Clause
6. - Wages 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 - RESOLUTION OF DISPUTES REQUIREMENTS
(1) This Appendix 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).
(2) Any dispute or grievance procedure in this award/industrial agreement
shall also apply to any questions, disputes or difficulties which may
arise under it.
(3) With effect from 22 November 1997 the dispute or grievance procedures
in this award/industrial agreement is hereby varied to include the
requirement that persons involved in the question, dispute or difficulty
will confer among themselves and make reasonable attempts to resolve
questions, disputes or difficulties before taking those matters to the
Commission.
FIRST SCHEDULE - SCHEDULE OF RESPONDENTS
Arcus Australia Pty Ltd
Arnold R.E.
Baker A.J. & Sons Pty Ltd
Bradford Insulation
Chivers, Laurie & Co.
Du Feu Metals
Esperance Sheet Metal Service
Federal Tinware Manufacturing Pty Ltd
Gadsden Rheem Packaging
Galvin Roy & Co Pty Ltd
Gebert E.A. & M.
Geraldton Plumbing Co Pty Ltd
Hart S.W. & Co Pty Ltd
Hawkins H.R. & N.A.
Jason Industries Ltd
Lyons & Peirce
Metalux Industries
Metters Appliance Service (Email Ltd)
Moore W.D. & Co.
Osborne Metal Industries Pty Ltd
Peters Ice Cream (WA)
Philips Industries Ltd
Poole R. Pty Ltd
Rainbow Neon Signs Pty Ltd
Rance H. & Son Pty Ltd
Rheem Australia Ltd
Sandovers Metal
SECOND SCHEDULE
NAMED PARTY TO THE AWARD
Union Party -
The Automotive, Food, Metals, Engineering, Printing, and Kindred
Industries Union of Workers - Western Australian Branch.
DATED at Perth this 13th day of July, 1973.
APPENDIX I - OLD CLASSIFICATION STRUCTURE AND DEFINITIONS
(1) Old Classification Structure
(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 as contained in Clause 3 - Definitions of the
Award. This Appendix will subsequently deleted by agreement between
the parties.
+----+-----------------------------------------+----------------+
|(b) |CLASSIFICATION | WAGE GROUP |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |(i) *Sheetmetal Section:* | |
+----+-----------------------------------------+----------------+
| |Sheetmetal Employee - First Class | CIO |
+----+-----------------------------------------+----------------+
| |Spinner (First Class) | C11 |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |Sheetmetal Employee - Second Class | |
+----+-----------------------------------------+----------------+
| |Lagger - | C12 |
+----+-----------------------------------------+----------------+
| |4th & 5th 6 months' experience | |
+----+-----------------------------------------+----------------+
| |Thereafter | |
+----+-----------------------------------------+----------------+
| |Polisher | |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |Press Operator (Heavy) | C13 |
+----+-----------------------------------------+----------------+
| |Solderer and Dipper | |
+----+-----------------------------------------+----------------+
| |Press Operator (Light) | |
+----+-----------------------------------------+----------------+
| |Drop Hammer Stamper | |
+----+-----------------------------------------+----------------+
| |Guttering Machinist | |
+----+-----------------------------------------+----------------+
| |Power Machinist (Not Otherwise Specified)| |
+----+-----------------------------------------+----------------+
| |Spinner (Other) | |
+----+-----------------------------------------+----------------+
| |Process Employee | |
+----+-----------------------------------------+----------------+
| |Lagger - | |
+----+-----------------------------------------+----------------+
| |First six months' experience | |
+----+-----------------------------------------+----------------+
| |2nd & 3rd six months' experience | |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |(ii) *Canister Making Section:* | |
+----+-----------------------------------------+----------------+
| |Quality Control Checker | |
+----+-----------------------------------------+----------------+
| |(J. Gadsden Pty Ltd) | C11 |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |Die Setter and /or Machine Setter | |
+----+-----------------------------------------+----------------+
| |and/or Leading Press Hand | C12 |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |Canister Maker by Hand and | |
+----+-----------------------------------------+----------------+
| |Rivetter by Hand | C13 |
+----+-----------------------------------------+----------------+
| |Solderer and Dipper | |
+----+-----------------------------------------+----------------+
| |Operator of other Power Presses | |
+----+-----------------------------------------+----------------+
| |and Other Power Machines | |
+----+-----------------------------------------+----------------+
| |Cap Solderer | |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |(iii) Stove and Range Fitter and | C12 |
| |Assembler | |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |(iv) *Painting Section:* | |
+----+-----------------------------------------+----------------+
| |First Class Painter (Sheetmetal) | C10 |
+----+-----------------------------------------+----------------+
| |Painter (Sheetmetal) | C13 |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |(v) Tool and Material Storeperson | C12 |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |(vi) *Welding Section:* | |
+----+-----------------------------------------+----------------+
| |Welder - First Class | C10 |
+----+-----------------------------------------+----------------+
| |Welder - Second Class | C12 |
+----+-----------------------------------------+----------------+
| |Welder - Third Class | C13 |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |(vii) *Galvanising Section:* | |
+----+-----------------------------------------+----------------+
| |Galvaniser | C12 |
+----+-----------------------------------------+----------------+
| |Assistant working over Metal Pot | C13 |
+----+-----------------------------------------+----------------+
| |Pickler | C13 |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |(viii) *Porcelain Enamelling:* | |
+----+-----------------------------------------+----------------+
| |Wet, including work on sheetmetal - | |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |Fuser | C12 |
+----+-----------------------------------------+----------------+
| |Packer and/or Despatcher | |
+----+-----------------------------------------+----------------+
| |Sand and Shot Blaster | |
+----+-----------------------------------------+----------------+
| |Sprayer, Grip &/or Colour Coats | |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |Swiller, Gripper and Brusher | C13 |
+----+-----------------------------------------+----------------+
| |Racksman | |
+----+-----------------------------------------+----------------+
| |Pickler | |
+----+-----------------------------------------+----------------+
| |Mill Hand and Mixer | |
+----+-----------------------------------------+----------------+
| |Inspector - First Class | |
+----+-----------------------------------------+----------------+
| |Inspector - Other | |
+----+-----------------------------------------+----------------+
| |Fuser's Assistant | |
+----+-----------------------------------------+----------------+
| |Fuser on Medallions, Badges or Buckles | |
+----+-----------------------------------------+----------------+
| |Fireman | |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |Dry - | |
+----+-----------------------------------------+----------------+
| | | |
+----+-----------------------------------------+----------------+
| |Duster | C10 |
+----+-----------------------------------------+----------------+
| |Duster's Assistant | C12 |
+----+-----------------------------------------+----------------+
| |All Others | C14 |
+----+-----------------------------------------+----------------+
(2) Old Definitions:
(a) Sheetmetal Worker, 1st Class shall mean a worker required:-
(i) to work from blue prints, drawings, or measurements (whichever
is required of him) for completed articles and to make the
articles throughout; or
(ii) to do work, the ability to do which involves the ability to do
the work specified in subparagraph (i).
The expression means blue prints, drawings or measurements
furnished by the customer to the employer for the purpose of
specifying the nature and/or dimensions of the articles
ordered or part thereof, or blue prints, drawings or
measurements of a similar nature, but the expression does not
include drawings, sketches or measurements supplied to the
individual workman to understand the nature or and to carry
out the work required of him.
(b) Sheetmetal Worker, 2nd Class shall mean a tinsmith or sheetmetal
worker employed, except as above in manufacturing or partly
manufacturing articles out of any class of sheetmetal of ten gauge or
lighter and including wire work in connection with such articles.
(c) First Class Sheetmetal Welder means a tradesman using electric arc
or oxy-acetylene or coal gas blow pipe who is required to apply
general trade experience as a welder on any work other than:-
(i) cutting scrap metal; or
(ii) welding with the aid of jigs; or
(iii) operations specifically mentioned as being the work of a
second or third class sheetmetal welder in the definitions of
those terms hereunder.
(d) Second Class Sheetmetal Welder means a worker who:-
(i) welds with the aid of jigs; or
(ii) operates automatic welding machines for the setting up of
which he is not responsible (other than machines mentioned in the
definitions of third class sheetmetal welder); or
(iii) operates a profile cutting or a straight line cutting
machine; or
(iv) is not a first class sheetmetal welder or a third class
sheetmetal welder.
(e) Third Class Sheetmetal Welder means a worker using an electric
spot, butt-welding or seaming machine or cutting scrap with
oxy-acetylene or coal gas blow pipe.
(f) Spinner, first class means an adult worker required to make up his
own chucks, spin up the job to drawings, measurements or blue prints
and/or who applies general trade knowledge and experience to the
making of spun articles by jobbing methods.
(g) Process Worker means a worker engaged on repetition work on any
automatic, semi-automatic or single purpose machine, or any machine
fitted with jigs, gauges or other tools rendering operations
mechanical or in the assembling of parts of mechanical appliances or
other metallic articles so made, or any repetitive hand processes.
(h) Lagger means a worker 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,
sheetmetals, fabrics, plastics, bituminous fibreglass and asbestos
felt or other similar materials to such insulation.
(i) First Class Painter (Sheetmetal) means a skilled worker who
tints, mixes and applies to manufactured products and components,
prime and finish coats of all types of paint and chemical coating
preparations to specification by means of spray, brush or other
method of application.
(j) Painter (Sheetmetal) means a worker who applies to manufactured
products and components one coat of chemical coating preparation
to specification by spray, brush or other method of application.
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
+---------+------------------------+--------------+----------+------------+
| SHEET METAL WORKERS' AWARD |
| |
| |
| |
| NO. 10 OF 1973. |
+---------+------------------------+--------------+----------+------------+
| |
+---------+------------------------+--------------+----------+------------+
| Delivered 13/07/73 at 53 WAIG 791 |
| |
| Consolidation 20/10/77 at 57 WAIG 1545Section 93(6) |
| |
| Consolidation 01/09/88 at 68 WAIG 2331Section 93(6) |
| |
| Consolidation 28/11/94 at 74 WAIG 3097 |
+---------+------------------------+--------------+----------+------------+
| |
+---------+------------------------+--------------+----------+------------+
|*CLAUSE |*EXTENT OF VARIATION* |*ORDER NO.* |*OPERATIVE|*GAZETTE |
|NO.* | | |DATE* |REFERENCE* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*1. Title* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|(1A. State Wage Principles) |
+---------+------------------------+--------------+----------+------------+
| |Ins. Cl. |1752/91 |31/01/92 |72 WAIG 191 |
+---------+------------------------+--------------+----------+------------+
| |Cl. & Title |1457/93 |24/12/93 |74 WAIG 198 |
+---------+------------------------+--------------+----------+------------+
|(1A. State Wage Principles December 1993) |
+---------+------------------------+--------------+----------+------------+
| |Cl. & Title |985/94 |30/12/94 |75 WAIG 23 |
+---------+------------------------+--------------+----------+------------+
|(1A. Statement of Principles December 1994) |
+---------+------------------------+--------------+----------+------------+
| |Cl. & Title |1164/95 |21/03/96 |76 WAIG 911 |
+---------+------------------------+--------------+----------+------------+
|(1 A. Statement of Principles March 1996) |
+---------+------------------------+--------------+----------+------------+
| |Cl & Title |915/96 |07/08/96 |76 WAIG 3368|
+---------+------------------------+--------------+----------+------------+
|(1A Statement of Principles - August 1996) |
+---------+------------------------+--------------+----------+------------+
| |Cl & Title |940/97 |14/11/97 |77 WAIG 3171|
+---------+------------------------+--------------+----------+------------+
|(1A. Statement of Principles - November 1997) |
+---------+------------------------+--------------+----------+------------+
| |Cl. & Title |757/98 |12/06/98 |78 WAIG 2579|
+---------+------------------------+--------------+----------+------------+
|(1A. Statement of Principles - June, 1998) |
+---------+------------------------+--------------+----------+------------+
| |Del. Cl. & Title |609/99 |06/07/99 |79 WAIG 1843|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*2. Arrangement* |
+---------+------------------------+--------------+----------+------------+
| |(34) |802/80 |01/01/81 |61 WAIG 210 |
+---------+------------------------+--------------+----------+------------+
| |(35) |982A/81 |15/03/82 |62 WAIG 712 |
+---------+------------------------+--------------+----------+------------+
| |1st Sch, 2nd Sch |982B/81 |12/05/82 |62 WAIG 1375|
+---------+------------------------+--------------+----------+------------+
| |2nd Sch deleted; |703/87 |22/12/87 |68 WAIG 519 |
| |(27)(35) (36)(37) | | | |
+---------+------------------------+--------------+----------+------------+
| |Cl. |861/86 |05/08/88 |68 WAIG 1793|
+---------+------------------------+--------------+----------+------------+
| |Ins. 2A |862/88 |14/09/88 |69 WAIG 376 |
+---------+------------------------+--------------+----------+------------+
| |(36)(36A); (deleted - |732/88 |03/02/89 |69 WAIG 1019|
| |(37) re-numb.(36) as a | | | |
| |result of Full Bench | | | |
| |Order quashing 861/86) | | | |
+---------+------------------------+--------------+----------+------------+
| |2A deleted |1940/89 |08/09/89 |69 WAIG 2913|
+---------+------------------------+--------------+----------+------------+
| |2A inserted |1709/89(R) |03/11/89 |70 WAIG 1549|
+---------+------------------------+--------------+----------+------------+
| |6A title |1709/89(R) |03/11/89 |70 WAIG 1549|
+---------+------------------------+--------------+----------+------------+
| |36 Inserted |2789/89 |01/07/90 |70 WAIG 1903|
+---------+------------------------+--------------+----------+------------+
| |Ins. 37. & Appendix 1 |480/90(R2) |16/05/90 |70 WAIG 2818|
+---------+------------------------+--------------+----------+------------+
| |2A - Title |1953/90 |21/08/91 |71 WAIG 2780|
+---------+------------------------+--------------+----------+------------+
| |Ins. 1A |1752/91 |31/01/92 |72 WAIG 191 |
+---------+------------------------+--------------+----------+------------+
| |Ins 38. title |1641/90 |19/11/92 |73 WAIG 166 |
+---------+------------------------+--------------+----------+------------+
| |Ins. 2nd Sch. |448(A)/93 |19/05/93 |73 WAIG 2060|
+---------+------------------------+--------------+----------+------------+
| |1A. Title |1457/93 |24/12/93 |74 WAIG 198 |
+---------+------------------------+--------------+----------+------------+
| |Del. 2A. |1671/93 |01/01/94 |74 WAIG 643 |
+---------+------------------------+--------------+----------+------------+
| |1A. Title |985/94 |30/12/94 |75 WAIG 23 |
+---------+------------------------+--------------+----------+------------+
| |1A. Title |1164/95 |21/03/96 |76 WAIG 911 |
+---------+------------------------+--------------+----------+------------+
| |Cl. |409/96 |15/05/96 |76 WAIG 2834|
+---------+------------------------+--------------+----------+------------+
| |Ins. Appendix - |693/96 |16/07/96 |76 WAIG 2768|
| |Resolution... | | | |
+---------+------------------------+--------------+----------+------------+
| |Ins. Appendix - S.49B...|694/96 |16/07/96 |76 WAIG 2789|
+---------+------------------------+--------------+----------+------------+
| |1A. Title |915/96 |07/08/96 |76 WAIG 3368|
+---------+------------------------+--------------+----------+------------+
| |1A |940/97 |14/11/97 |77 WAIG 3171|
+---------+------------------------+--------------+----------+------------+
| |1A. Title |757/98 |12/06/98 |78 WAIG 2579|
+---------+------------------------+--------------+----------+------------+
| |Del. 1A |609/99 |06/07/99 |79 WAIG 1843|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|(2A. State Wage Principles - September 1988) |
+---------+------------------------+--------------+----------+------------+
| |Ins. cl. |862/88 |14/09/88 |69 WAIG 376 |
+---------+------------------------+--------------+----------+------------+
| |Del. cl. |1940/89 |08/09/89 |69 WAIG 2913|
+---------+------------------------+--------------+----------+------------+
|(2A. State Wage Principles - September 1989) |
+---------+------------------------+--------------+----------+------------+
| |Cl. |1709/89(R) |03/11/89 |70 WAIG 1549|
+---------+------------------------+--------------+----------+------------+
| |Cl. & title |1953/90 |21/08/91 |71 WAIG 2780|
+---------+------------------------+--------------+----------+------------+
|(2A. State Wage Principles - June 1991) |
+---------+------------------------+--------------+----------+------------+
| |Del. Cl. |1671/93 |01/01/94 |74 WAIG 643 |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*3. Definitions* |
+---------+------------------------+--------------+----------+------------+
| |Cl. |409/96 |15/05/96 |76 WAIG 2834|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*4. Scope* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*5. Hours* |
+---------+------------------------+--------------+----------+------------+
| |(3) |982B/81 |12/05/82 |62 WAIG 1375|
+---------+------------------------+--------------+----------+------------+
| |Cl.; (1)(b)(v); (1)(c); |703/87 |22/12/87 |68 WAIG 519 |
| |(3)(e); Ins.(3)(g); | | | |
+---------+------------------------+--------------+----------+------------+
| |Ins. |480/90(R2) |16/05/90 |70 WAIG 2818|
| |(1)(c);(e);(f);(2)(c) | | | |
+---------+------------------------+--------------+----------+------------+
| |(1)(b);(e) |409/96 |15/05/96 |76 WAIG 2834|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|(6. Wages) |
+---------+------------------------+--------------+----------+------------+
| |(wage index) |37/78 |28/02/78 |58 WAIG 471 |
+---------+------------------------+--------------+----------+------------+
| |(8)(a) |39/78 |07/06/78 |58 WAIG 850 |
+---------+------------------------+--------------+----------+------------+
| |(wage index) |203/78 |07/06/78 |58 WAIG 927 |
+---------+------------------------+--------------+----------+------------+
| |(wage index) |486/78 & |12/12/78 |59 WAIG 7 |
| | |585/78 | | |
+---------+------------------------+--------------+----------+------------+
| |(wage index) |44/79 & 131/79|27/07/79 |59 WAIG 1009|
+---------+------------------------+--------------+----------+------------+
| |(wage index) |381/79 & |04/01/80 |60 WAIG 281 |
| | |434/79 | | |
+---------+------------------------+--------------+----------+------------+
| |(new clause) |447/79 |24/04/80 |60 WAIG 751 |
+---------+------------------------+--------------+----------+------------+
| |(wage index) |419/80 |14/07/80 |60 WAIG 1327|
+---------+------------------------+--------------+----------+------------+
| |(wage index) |19/81 |09/01/81 |61 WAIG 153 |
+---------+------------------------+--------------+----------+------------+
| |(wage index) |286/81Int |07/06/81 |61 WAIG 847 |
+---------+------------------------+--------------+----------+------------+
| |(wage index) |612/81 |16/11/81 |61 WAIG 1849|
+---------+------------------------+--------------+----------+------------+
| |(1)(5) |982A/81 |15/03/82 |62 WAIG 712 |
+---------+------------------------+--------------+----------+------------+
| |(wage index) |461/83Int |06/10/83 |63 WAIG 2207|
+---------+------------------------+--------------+----------+------------+
| |correction |461/83Int |06/10/83 |63 WAIG 2496|
+---------+------------------------+--------------+----------+------------+
| |(wage index) |461/83 |06/10/83 |64 WAIG 407 |
+---------+------------------------+--------------+----------+------------+
| |(wage index) |104/84 |06/04/84 |64 WAIG 847 |
+---------+------------------------+--------------+----------+------------+
| |(wage index) |104/85 |06/04/85 |65 WAIG 657 |
+---------+------------------------+--------------+----------+------------+
| |(wage index) |821/85Int |04/11/85 |66 WAIG 4 |
+---------+------------------------+--------------+----------+------------+
| |(wage index) |261/86 |01/07/86 |66 WAIG 1139|
+---------+------------------------+--------------+----------+------------+
| |(wage increase) |1195/86 |10/03/87 |67 WAIG 435 |
+---------+------------------------+--------------+----------+------------+
| |(1)(4)(5) |703/87 |22/12/87 |68 WAIG 519 |
+---------+------------------------+--------------+----------+------------+
| |(wage increase) |1406/87 |05/02/88 |68 WAIG 949 |
+---------+------------------------+--------------+----------+------------+
| |(1)(4)(5) |862/88 |16/09/88 |69 WAIG 376 |
+---------+------------------------+--------------+----------+------------+
| |(1);(4)(a);(5); |1709/89(R) |03/11/89 |70 WAIG 1549|
+---------+------------------------+--------------+----------+------------+
| |Ins.(7) |1709/89(R) |03/11/89 |70 WAIG 1549|
+---------+------------------------+--------------+----------+------------+
| |(1);(4)(a);(5);(7) |480/90(R2) |16/05/90 |70 WAIG 2818|
+---------+------------------------+--------------+----------+------------+
| |(1);(4)(a);(5) |1953/90 |21/08/91 |71 WAIG 2780|
+---------+------------------------+--------------+----------+------------+
| |Cl. & Title |409/96 |15/05/96 |76 WAIG 2834|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*6. Wages and Supplementary Payment* |
+---------+------------------------+--------------+----------+------------+
| |Rates & Ins. Text |940/97 |14/11/97 |77 WAIG 3171|
+---------+------------------------+--------------+----------+------------+
| |(1), (2)(d), (5), (6) |1164/98 |21/09/98 |78 WAIG 4366|
+---------+------------------------+--------------+----------+------------+
| |(1) rates;(2)(d) ins. |609/99 |01/08/99 |79 WAIG 1843|
| |text | | | |
+---------+------------------------+--------------+----------+------------+
| |Cl. |654/00 |01/08/00 |80 WAIG 3379|
+---------+------------------------+--------------+----------+------------+
| |Cl |752/01 |01/08/01 |81 WAIG 1721|
+---------+------------------------+--------------+----------+------------+
| |Cl. |797/02 |01/08/02 |82 WAIG 1369|
+---------+------------------------+--------------+----------+------------+
| |Cl. |569/03 |5/06/03 |83 WAIG 1899|
| | | | |& 2604 |
+---------+------------------------+--------------+----------+------------+
| |(4), (5) & (6) |893/03 |22/08/03 |83 WAIG 3095|
+---------+------------------------+--------------+----------+------------+
| |Cl |570/04 |4/06/04 |84 WAIG 1521|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
| |Cl. |576/05 |07/07/05 |Unreported |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|(6A. Adult Minimum Wage) |
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |37/78 |28/02/78 |58 WAIG 471 |
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |203/78 |07/06/78 |58 WAIG 927 |
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |486/78 & |12/12/78 |59 WAIG 7 |
| | |585/78 | | |
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |44/79 & 131/79|27/07/79 |59 WAIG 1009|
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |381/79 & |04/01/80 |60 WAIG 281 |
| | |434/79 | | |
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |419/80 |14/07/80 |60 WAIG 1327|
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |19/81 |09/01/81 |61 WAIG 153 |
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |286/81Int |07/06/81 |61 WAIG 847 |
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |612/81 |16/11/81 |61 WAIG 1849|
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |534/82 |07/02/83 |63 WAIG 379 |
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |461/83Int |06/10/83 |63 WAIG 2207|
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |461/83 |06/10/83 |64 WAIG 407 |
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |104/84 |06/04/84 |64 WAIG 847 |
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |104/85 |06/04/85 |65 WAIG 657 |
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |821/85Int |04/11/85 |66 WAIG 4 |
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |261/86 |01/07/86 |66 WAIG 1139|
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |1195/86 |10/03/87 |67 WAIG 435 |
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |1406/87 |05/02/88 |68 WAIG 949 |
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |730/88 |14/09/88 |68 WAIG 2412|
+---------+------------------------+--------------+----------+------------+
| |(new clause) |862/88 |16/09/88 |69 WAIG 376 |
+---------+------------------------+--------------+----------+------------+
| |(min wage increase) |1940/89 |01/10/89 |69 WAIG 1019|
+---------+------------------------+--------------+----------+------------+
| |new clause & title |1709/89 |03/11/89 |70 WAIG 1549|
+---------+------------------------+--------------+----------+------------+
| |Min. Wage $268.80 |1309 & 1310/91|24/09/91 |71 WAIG 2748|
+---------+------------------------+--------------+----------+------------+
| |Min. Wage $275.50 |415A/92 |30/11/92 |73 WAIG 4 |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*6A. - Minimum Wage* |
+---------+------------------------+--------------+----------+------------+
| |Cl&Title |1314/95 |31/01/96 |76 WAIG 406 |
+---------+------------------------+--------------+----------+------------+
| |Min.wage prov |940/97 |14/11/97 |77 WAIG 3171|
+---------+------------------------+--------------+----------+------------+
| |Cl. |1164/98 |21/09/98 |78 WAIG 4366|
+---------+------------------------+--------------+----------+------------+
| |92),(3),(5) & (8)(a) |609/99 |01/08/99 |79 WAIG 1843|
| |rates & text | | | |
+---------+------------------------+--------------+----------+------------+
| |Cl. |654/00 |01/08/00 |80 WAIG 3379|
+---------+------------------------+--------------+----------+------------+
| |Cl |752/01 |01/08/01 |81 WAIG 1721|
+---------+------------------------+--------------+----------+------------+
| |Cl. |797/02 |01/08/02 |82 WAIG 1369|
+---------+------------------------+--------------+----------+------------+
| |Cl. |569/03 |5/06/03 |83 WAIG 1899|
| | | | |& 2604 |
+---------+------------------------+--------------+----------+------------+
| |(9) |1197/03 |1/11/03 |83 WAIG 3537|
+---------+------------------------+--------------+----------+------------+
| |Cl |570/04 |4/06/04 |84 WAIG 1521|
| | | | |& 2029 |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
| |Cl. |576/05 |07/07/05 |Unreported |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*7. Special Rates and Provisions* |
+---------+------------------------+--------------+----------+------------+
| |(Cl. |982A/81 |15/03/82 |62 WAIG 712 |
+---------+------------------------+--------------+----------+------------+
| |(1)(2)(3)(4) |862/88 |16/09/88 |69 WAIG 376 |
| |(5)(7)(8)(9) | | | |
+---------+------------------------+--------------+----------+------------+
| |(1-5) incl.& (7-9)incl. |1709/89 |03/11/89 |70 WAIG 1549|
+---------+------------------------+--------------+----------+------------+
| |(1-5) & (7-9) |480/90(R2) |16/05/90 |70 WAIG 2818|
+---------+------------------------+--------------+----------+------------+
| |(1)-(5); (8); (9) |1953/90 |21/08/91 |71 WAIG 2780|
+---------+------------------------+--------------+----------+------------+
| |(1) - (9) |893/03 |22/08/03 |83 WAIG 3095|
+---------+------------------------+--------------+----------+------------+
|*8. Overtime* |
+---------+------------------------+--------------+----------+------------+
| |(3)(g) |982A/81 |15/03/82 |62 WAIG 712 |
+---------+------------------------+--------------+----------+------------+
| |(4) |982B/81 |12/05/82 |62 WAIG 1375|
+---------+------------------------+--------------+----------+------------+
| |Cl.; (3)(i) p'tum.(i) |703/87 |22/12/87 |68 WAIG 519 |
+---------+------------------------+--------------+----------+------------+
| |(3)(f); |862/88 |16/09/88 |69 WAIG 376 |
+---------+------------------------+--------------+----------+------------+
| |(3)(f) |1709/89 |03/11/89 |70 WAIG 1549|
+---------+------------------------+--------------+----------+------------+
| |(3)(f) |1473/90 |09/01/91 |71 WAIG 421 |
+---------+------------------------+--------------+----------+------------+
| |(3)(f) |843/91 |29/10/91 |71 WAIG 2995|
+---------+------------------------+--------------+----------+------------+
| |(3)(f) |1228(A)/92 |24/11/92 |72 WAIG 2808|
+---------+------------------------+--------------+----------+------------+
| |(3)(f) |1302(A)/93 |27/10/93 |73 WAIG 3446|
+---------+------------------------+--------------+----------+------------+
| |(3)(f) |1314/95893/03 |31/01/96 |76 WAIG 406 |
+---------+------------------------+--------------+----------+------------+
| |(3)(f) |893/03 |22/8/03 |83 WAIG 3095|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*9. Payment of Wages* |
+---------+------------------------+--------------+----------+------------+
| |Cl. |982B/81 |12/05/82 |62 WAIG 1375|
+---------+------------------------+--------------+----------+------------+
| |Cl. |703/87 |22/12/87 |68 WAIG 519 |
+---------+------------------------+--------------+----------+------------+
| |(6) | | | |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*10. Holidays and Annual Leave* |
+---------+------------------------+--------------+----------+------------+
| |(5) |386/79 |01/11/79 |59 WAIG 1558|
+---------+------------------------+--------------+----------+------------+
| |(5)(c) |982B/81 |12/05/82 |62 WAIG 1375|
+---------+------------------------+--------------+----------+------------+
| |(5)(b)(c) |703/87 |22/12/87 |68 WAIG 519 |
+---------+------------------------+--------------+----------+------------+
| |(3)(c);ins.(8);(11)(a); |480/90(R2) |06/05/90 |70 WAIG 2818|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*11. Under-Rate Workers* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*12. Apprentices* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*13. Time and Wages Record* |
+---------+------------------------+--------------+----------+------------+
| |(2) |480/90(R2) |16/05/90 |70 WAIG 2818|
+---------+------------------------+--------------+----------+------------+
| |Ins. Text |2053(1)/97 |22/11/97 |77 WAIG 3138|
+---------+------------------------+--------------+----------+------------+
| |Ins text.(2) |491/98 |16/04/98 |78 WAIG 1471|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*14. Tools* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*15. Junior Workers* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*16. Contract of Service* |
+---------+------------------------+--------------+----------+------------+
| |Cl. |861/86 |05/08/88 |68 WAIG 1793|
+---------+------------------------+--------------+----------+------------+
| |variation reversed as |732/88 |03/02/89 |69 WAIG 1019|
| |per Full Bench | | | |
+---------+------------------------+--------------+----------+------------+
| |Order quashing 861/86 | | | |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*17. Absence Through Sickness* |
+---------+------------------------+--------------+----------+------------+
| |Cl. |386/79 |01/11/79 |59 WAIG 1558|
+---------+------------------------+--------------+----------+------------+
| |Cl. |802/80 |01/01/81 |61 WAIG 210 |
+---------+------------------------+--------------+----------+------------+
| |(9) |982B/81 |12/05/82 |62 WAIG 1375|
+---------+------------------------+--------------+----------+------------+
| |Cl. |703/87 |22/12/87 |68 WAIG 519 |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*18. Term* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*19. Area* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*20. Junior Workers' Certificate* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*21. Breakdowns* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*22. Board of Reference* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*23. Fares and Travelling Time* |
+---------+------------------------+--------------+----------+------------+
| |(2)(a);(b);(c);(d); |843/91 |29/10/91 |71 WAIG 2995|
+---------+------------------------+--------------+----------+------------+
| |(2) |1018/94 |23/12/94 |75 WAIG 414 |
+---------+------------------------+--------------+----------+------------+
| |(2) |1314/95 |31/01/96 |76 WAIG 406 |
+---------+------------------------+--------------+----------+------------+
| |(2) |893/03 |22/08/03 |83 WAIG 3095|
+---------+------------------------+--------------+----------+------------+
|*24. Car Allowance* |
+---------+------------------------+--------------+----------+------------+
| |(2) |893/03 |22/08/03 |83 WAIG 3095|
+---------+------------------------+--------------+----------+------------+
|*25. Distant Work* |
+---------+------------------------+--------------+----------+------------+
| |(6A)) |521/78 |01/03/79 |59 WAIG 237 |
+---------+------------------------+--------------+----------+------------+
| |(6)(7) |862/88 |16/09/88 |69 WAIG 376 |
+---------+------------------------+--------------+----------+------------+
| |(6)&(7) |1709/89 |03/11/89 |70 WAIG 1549|
+---------+------------------------+--------------+----------+------------+
| |(6) & (7) |843/91 |29/10/91 |71 WAIG 2995|
+---------+------------------------+--------------+----------+------------+
| |(6) & (7) |1018/94 |23/12/94 |75 WAIG 414 |
+---------+------------------------+--------------+----------+------------+
| |(6)(a) & (7) |1314/95 |31/01/96 |76 WAIG 406 |
+---------+------------------------+--------------+----------+------------+
| |(6) & (7) |893/03 |22/08/03 |83 WAIG 3095|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*26. Location Allowances* |
+---------+------------------------+--------------+----------+------------+
| |Cl. |313/78 |07/08/78 |58 WAIG 1151|
+---------+------------------------+--------------+----------+------------+
| |Cl. |294/77 & 319- |26/07/80 |60 WAIG 1141|
+---------+------------------------+--------------+----------+------------+
| | |321/77 & | | |
| | |529/79 | | |
+---------+------------------------+--------------+----------+------------+
| |Cl. |452/81 |01/07/81 |61 WAIG 1661|
+---------+------------------------+--------------+----------+------------+
| |Cl. |437/82 |01/07/82 |62 WAIG 2359|
+---------+------------------------+--------------+----------+------------+
| |(1)(12)(13) |291/83Int |29/06/83 |63 WAIG 1537|
+---------+------------------------+--------------+----------+------------+
| |Cl. |291/83 |05/12/83 |64 WAIG 5 |
+---------+------------------------+--------------+----------+------------+
| |Cl. |477/84 |01/07/84 |64 WAIG 1235|
+---------+------------------------+--------------+----------+------------+
| |Cl. |397/85 |01/07/85 |65 WAIG 1349|
+---------+------------------------+--------------+----------+------------+
| |Cl. |409/86 |01/07/86 |66 WAIG 1149|
+---------+------------------------+--------------+----------+------------+
| |Cl. |603/87 |01/07/87 |67 WAIG 1094|
+---------+------------------------+--------------+----------+------------+
| |Cl. |1353/87 |01/12/88 |68 WAIG 996 |
+---------+------------------------+--------------+----------+------------+
| |Cl. |517/88 |01/07/88 |68 WAIG 1686|
+---------+------------------------+--------------+----------+------------+
| |(1),(13) |834/89 |01/07/89 |69 WAIG 3217|
+---------+------------------------+--------------+----------+------------+
| |Cl. |778/90 & |01/07/90 |71 WAIG 4214|
| | |1065/90 | | |
+---------+------------------------+--------------+----------+------------+
| |(1) |1049/91 |01/07/91 |71 WAIG 2753|
+---------+------------------------+--------------+----------+------------+
| |Cl. |851/92 |01/07/92 |72 WAIG 2498|
+---------+------------------------+--------------+----------+------------+
| |Cl. |943/93 |01/07/93 |73 WAIG 1989|
+---------+------------------------+--------------+----------+------------+
| |Cl. |714/94 |01/07/94 |74 WAIG 1869|
+---------+------------------------+--------------+----------+------------+
| |Cl |641/95 |01/07/95 |75 WAIG 2125|
+---------+------------------------+--------------+----------+------------+
| |(5) |409/96 |15/05/96 |76 WAIG 2834|
+---------+------------------------+--------------+----------+------------+
| |Cl. |911/96 |01/07/96 |76 WAIG 3365|
+---------+------------------------+--------------+----------+------------+
| |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 |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|(Preference to Unionists) |
+---------+------------------------+--------------+----------+------------+
| |Del Cl & Title |703/87 |22/12/87 |68 WAIG 519 |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*27. Avoidance of Industrial Disputes* |
+---------+------------------------+--------------+----------+------------+
| |Ins. Cl. |703/87 |22/12/87 |68 WAIG 519 |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*28. Long Service Leave* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*29. Representatives Interviewing Workers* |
+---------+------------------------+--------------+----------+------------+
| |Ins. Text |2053(1)/97 |22/11/97 |77 WAIG 3138|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*30. Posting of Award and Union Notices* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*31. Shift Work* |
+---------+------------------------+--------------+----------+------------+
| |(9) |982B/81 |12/05/82 |62 WAIG 1375|
+---------+------------------------+--------------+----------+------------+
| |Cl. |703/87 |22/12/87 |68 WAIG 519 |
+---------+------------------------+--------------+----------+------------+
| |(1)(a) | | | |
+---------+------------------------+--------------+----------+------------+
| |(6) | | | |
+---------+------------------------+--------------+----------+------------+
| |(1);(2)(a) |409/96 |15/05/96 |76 WAIG 2834|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*32. Bereavement Leave* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|(33. Supplementary Payments) |
+---------+------------------------+--------------+----------+------------+
| |(new clause) |637/77 |30/08/78 |58 WAIG 1196|
+---------+------------------------+--------------+----------+------------+
| |(new clause) |275/79 |22/08/79 |59 WAIG 1251|
+---------+------------------------+--------------+----------+------------+
| |(new clause) |429/80 |16/10/80 |60 WAIG 2273|
+---------+------------------------+--------------+----------+------------+
| |(new clause) |61/81 |25/02/81 |61 WAIG 750 |
+---------+------------------------+--------------+----------+------------+
| |(new clause) |348/81 |27/05/81 |61 WAIG 1262|
+---------+------------------------+--------------+----------+------------+
| |(indexation) |461/83Int |06/10/83 |63 WAIG 2207|
+---------+------------------------+--------------+----------+------------+
| |(indexation) |461/83 |06/10/83 |64 WAIG 407 |
+---------+------------------------+--------------+----------+------------+
| |(indexation) |104/84 |06/04/84 |64 WAIG 847 |
+---------+------------------------+--------------+----------+------------+
| |(indexation) |104/85 |06/04/85 |65 WAIG 657 |
+---------+------------------------+--------------+----------+------------+
| |(indexation) |821/85Int |04/11/85 |66 WAIG 4 |
+---------+------------------------+--------------+----------+------------+
| |(indexation) |261/86 |01/07/86 |66 WAIG 1139|
+---------+------------------------+--------------+----------+------------+
| |(new clause) |703/87 |22/12/87 |68 WAIG 519 |
+---------+------------------------+--------------+----------+------------+
| |(1)(a) |480/90(R2) |16/05/90 |70 WAIG 2818|
+---------+------------------------+--------------+----------+------------+
| |(1)(a)&(b) |1473/90 |09/01/91 |71 WAIG 421 |
+---------+------------------------+--------------+----------+------------+
| |(1)(a) & (b) |498/91 |19/04/91 |71 WAIG 1284|
+---------+------------------------+--------------+----------+------------+
| |(1)(a) & (b) |1953/90 |21/08/91 |71 WAIG 2780|
+---------+------------------------+--------------+----------+------------+
| |(1)(a);(b) & Ins. (c) |843/91 |19/10/91 |71 WAIG 2995|
+---------+------------------------+--------------+----------+------------+
|(EDIT NOTE: ORDER No. 843/91 duplicated (1)(c) text) |
+---------+------------------------+--------------+----------+------------+
| |Cl. |1671/93 |01/01/94 |74 WAIG 643 |
+---------+------------------------+--------------+----------+------------+
| |(1)(a)&(c)(iii) |160/95 |04/04/95 |75 WAIG 1932|
+---------+------------------------+--------------+----------+------------+
| |Del. Cl. |409/96 |15/05/96 |76 WAIG 2834|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*33. Transitional Provisions* |
+---------+------------------------+--------------+----------+------------+
| |Ins. Cl. |409/96 |15/05/96 |76 WAIG 2834|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*34. Maternity Leave* |
+---------+------------------------+--------------+----------+------------+
| |Ins. cl. |802/80 |01/01/81 |61 WAIG 210 |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*35. Part Time Employment* |
+---------+------------------------+--------------+----------+------------+
| |Ins. cl. |982A/81 |15/03/82 |62 WAIG 712 |
+---------+------------------------+--------------+----------+------------+
| |Clause & title - |703/87 |22/12/87 |68 WAIG 519 |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|(36. Junior Employees - Special Order) |
+---------+------------------------+--------------+----------+------------+
| |Ins. Cl. |703/87 |22/12/87 |68 WAIG 519 |
+---------+------------------------+--------------+----------+------------+
| |Del. Cl. |1333/87 | |68 WAIG 385 |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|(36. Introduction of Change) |
+---------+------------------------+--------------+----------+------------+
| |Ins. cl. |861/86 |05/08/88 |68 WAIG 1793|
+---------+------------------------+--------------+----------+------------+
| |Clause deleted by Full |732/88 |03/02/89 |69 WAIG 1019|
| |Bench Order | | | |
+---------+------------------------+--------------+----------+------------+
| |quashing 861/86 | | | |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|(36A. Redundancy) |
+---------+------------------------+--------------+----------+------------+
| |Ins. cl. |861/86 |05/08/88 |68 WAIG 1793|
+---------+------------------------+--------------+----------+------------+
| |Clause deleted by Full |732/88 |03/02/89 |69 WAIG 1019|
| |Bench Order | | | |
+---------+------------------------+--------------+----------+------------+
| |quashing 861/86 | | | |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|(37. Liberty To Apply) |
+---------+------------------------+--------------+----------+------------+
| |Ins.cl. |703/87 |22/12/87 |68 WAIG 519.|
+---------+------------------------+--------------+----------+------------+
| |Del. Cl. & Title |2789/89 |01/07/90 |70 WAIG 1903|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*36. Superannuation* |
+---------+------------------------+--------------+----------+------------+
| |Ins. cl. |2789/89 |01/07/90 |70 WAIG 1903|
+---------+------------------------+--------------+----------+------------+
| |Ins. Text |599/98 |30/06/98 |78 WAIG 2559|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*37. Training* |
+---------+------------------------+--------------+----------+------------+
| |Ins. Cl. |480/90(R2) |16/05/90 |70 WAIG 2818|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*38. Traineeships* |
+---------+------------------------+--------------+----------+------------+
| |Ins Cl. |1641/90 |19/11/92 |73 WAIG 166 |
+---------+------------------------+--------------+----------+------------+
| |Cl. |607/95 |28/07/95 |75 WAIG 2600|
+---------+------------------------+--------------+----------+------------+
| |Cl. |569/03 |5/06/03 |83 WAIG 1899|
| | | | |& 2604 |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
| |Cl. |576/05 |07/07/05 |Unreported |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*Appendix - Resolution of Disputes Requirements* |
+---------+------------------------+--------------+----------+------------+
| |Ins. Appendix |693/96 |16/07/96 |76 WAIG 2768|
+---------+------------------------+--------------+----------+------------+
| |Cl |2053/97 |22/11/97 |77 WAIG 3079|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|(Appendix 1 - Classification Structure and Definitions) |
+---------+------------------------+--------------+----------+------------+
| |Ins. App. |480/90(R2) |16/05/90 |70 WAIG 2818|
+---------+------------------------+--------------+----------+------------+
| |Cl. & title |409/96 |15/05/96 |76 WAIG 2834|
+---------+------------------------+--------------+----------+------------+
|*Appendix 1 - Old Classification Structure and Definitions* |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*First Schedule - Schedule of Respondents* |
+---------+------------------------+--------------+----------+------------+
| |Respondent deleted |File704/78 |12/02/79 |59 WAIG 250 |
+---------+------------------------+--------------+----------+------------+
| |re-titled |982B/81 |12/05/82 |62 WAIG 1375|
+---------+------------------------+--------------+----------+------------+
| |Respondent deleted |1603/05/07 & |13/05/91 |71 WAIG 1526|
| | |08/89 | | |
+---------+------------------------+--------------+----------+------------+
| |Sch. |764/94 |28/04/95 |75 WAIG 1648|
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|2nd Sch |(new 2nd Sch entered) |982B/81 |12/05/82 |62 WAIG 1375|
+---------+------------------------+--------------+----------+------------+
| |Clause 1 |982/81 |18/06/82 |62 WAIG 1747|
+---------+------------------------+--------------+----------+------------+
| |Del.Sch. |703/87 |22/12/87 |68 WAIG 519 |
+---------+------------------------+--------------+----------+------------+
|(Second Schedule - Named Parties to the Award) |
+---------+------------------------+--------------+----------+------------+
| |Ins. Sch. |448(A)/93 |19/05/93 |73 WAIG 2060|
+---------+------------------------+--------------+----------+------------+
|*Second Schedule - Named Party to the Award* |
+---------+------------------------+--------------+----------+------------+
| |Sch.& Title |1314/95 |31/01/96 |76 WAIG 406 |
+---------+------------------------+--------------+----------+------------+
| | | | | |
+---------+------------------------+--------------+----------+------------+
|*Appendix - S.49B - Inspection of Records Requirements* |
+---------+------------------------+--------------+----------+------------+
| |Ins. Appendix |694/96 |16/07/96 |76 WAIG 2789|
+---------+------------------------+--------------+----------+------------+
| |Ins. Text |2053(1)/97 |22/11/97 |77 WAIG 3138|
+---------+------------------------+--------------+----------+------------+
| |App. |491/98 |16/04/98 |78 WAIG 1471|
+---------+------------------------+--------------+----------+------------+
SHEET METAL WORKERS' AWARD.
NO. 10 OF 1973.
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 30 th day of September 2003.
J SPURLING.
REGISTRAR.