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