2005 WAIRC 01956


WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES ON THE COMMISSION'S OWN MOTION

HON MINISTER FOR CONSUMER & EMPLOYMENT PROTECTION, TRADES AND LABOR COUNCIL OF WESTERN AUSTRALIA AUSTRALIAN MINES & METALS ASSOCIATION AND THE CHAMBER OF COMMERCE & INDUSTRY OF WESTERN AUSTRALIA

CORAM COMMISSION IN COURT SESSION
CHIEF COMMISSIONER A R BEECH
SENIOR COMMISSIONER J F GREGOR
COMMISSIONER S WOOD

DATE MONDAY, 4 JULY 2005
FILE NO. APPL 576 OF 2005
CITATION NO. 2005 WAIRC 01956

Result General Order issued
Representation Mr J Ridley and with him Mr P. Wilding on behalf of the Minister For Consumer and Employment Protection

Ms C Ozich (of counsel) on behalf of Unions WA

Mr R Gifford on behalf of the Australian Mines and Metals Association Inc

Mr G Blyth on behalf of the Chamber of Commerce and Industry of Western Australia


General Order and Orders


THE COMMISSION IN COURT SESSION constituted for the purpose of s.51 of the Industrial Relations Act 1979 (“the Act”) and having concluded that the decision of the Australian Industrial Relations Commission in the June 2005 Safety Net Review – Wages (Print PR002005) is a National Wage Decision under s.51(1) of the Act and being satisfied that there are no good reasons not to give effect to the National Wage Decision;

AND HAVING reviewed minimum weekly rates under s.51D of the Act in accordance with the requirements of s.51E(1) of the Act;

NOW THEREFORE the Commission in Court Session pursuant to s.51 and s.51F of the Act hereby:

A. Makes the following General Order:

1. THAT the General Order which issued in matter No. 570 of 2004 with respect to matters which gave effect to the National Wage Case of 2004 is rescinded with effect on and from 7 July 2005.

2. THAT the Statement of Principles under the General Order in matter No. 570 of 2004 be replaced by the Statement of Principles – July 2005 in Schedule 2.

3. THAT weekly rates of pay for adults in each award of the Commission, other than those set out in Schedule 1, be increased by the arbitrated safety net adjustment of $17.00 per week with effect on and from 7 July 2005 and that this increase shall be subject to absorption in the same terms as previous State Wage decisions.

4. THAT any increase to wages resulting from the General Order, unless provided for elsewhere, shall be calculated on the basis that:

(a) Where the award prescribes an adult fortnightly rate of pay, the fortnightly rate of pay be increased by $34.00 per fortnight with effect on and from 7 July 2005.

(b) Where the award prescribes an adult annual rate of pay, the annual rate of pay is increased by $887.00 per annum with effect on and from 7 July 2005.

(c) Where the award prescribes an adult hourly rate of pay, the hourly rate of pay is increased by the amount of $17.00 per week divided by the number of ordinary hours of work prescribed by the relevant award for a full-time employee. Where applicable, casual loadings are to be calculated based on the hourly rate.

5. THAT where an award rate other than an adult rate is determined by reference to a percentage of the adult rate or some other formula those award rates shall be varied on the basis of that percentage or formula to take into account the application of the arbitrated safety net adjustment of $17.00 per week to the adult award wage.

6. THAT increases under State Wage Case Principles prior to 7 July 2005, except those resulting from enterprise agreements, are not to be used to offset the arbitrated safety net adjustment of $17.00 per week.

7. THAT all awards which contain a Minimum Adult Award Wage Clause or provision be varied by:

(a) deleting the amount of “$467.40” wherever it appears and inserting in lieu the amount of “$484.40”.

(b) Deleting the date “4th June 2004” wherever it appears and inserting in lieu the date “7th July 2005”.

(c) Deleting the words “2004 State Wage Case Decision” wherever they appear and inserting in lieu the words “2005 State Wage Case Decision”.

8. THAT the Registrar publish in the Western Australian Industrial Gazette and on the Commission’s website the clauses of the awards varied by this General Order incorporating the amendments made by this General Order.

B. Makes the following Orders:

9. THAT the Order which issued in matter No. 570 of 2004 that established the Minimum Weekly Rate of Pay under s.12 of the Minimum Conditions of Employment Act 1993 applicable to an employee who has reached 21 years of age and who is not an apprentice or trainee is rescinded with effect on and from 7 July 2005.

10. THAT the Minimum Weekly Rate of Pay applicable under s.12 of the Minimum Conditions of Employment Act 1993 to an employee:

(a) who has reached 21 years of age; and

(b) who is not an apprentice or trainee,

shall be $484.40 per week on and from 7 July 2005.

11. THAT the Order which issued in matter No. 570 of 2004 that established Minimum Weekly Rates of Pay under ss.14 and 15 of the Minimum Conditions of Employment Act 1993 to apprentices and trainees in matter No. 570 of 2004 is rescinded with effect on and from 7 July 2005.

Apprentices

12. THAT the Minimum Weekly Rate of Pay applicable under s.14 of the Minimum Conditions of Employment Act 1993 to apprentices shall be:

(a) in relation to that class of apprentice to whom an award or a relevant award applies where an employer-employee agreement is in force, the minimum weekly rate of pay shall be the rate of pay that applies to that class of apprentice under the award where the award applies or the relevant award where an employer-employee agreement is in force.

(b) In relation to that class of apprentice to whom an award does not apply and to whom there is no relevant award to apply if an employer-employee agreement is in force or is subsequently entered into, the minimum weekly rate of pay shall be the rate of pay determined by reference to apprentices’ rates of pay in the Metal Trades (General) Award 1966 which operate on and from 7 July 2005:


Total Rate per Week
Four Year Term

First year
$242.84
Second year
$318.01
Three year
$433.65
Fourth year
$508.82


Three and a Half Year Term

First six months
$242.84
Next year
$318.01
Next year
$433.65
Final year
$508.82


Three Year Term

First year
$318.01
Second year
$433.65
Third year
$508.82


Trainees

13. THAT the Minimum Weekly Rate of Pay applicable under s.15 of the Minimum Conditions of Employment Act 1993 to trainees shall be:

(a) in relation to that class of trainee to whom an award applies or a relevant award applies where an employer-employee agreement is in force, the minimum weekly rate of pay shall be the rate of pay that applies to that class of trainee under the award where an award applies or the relevant award where an employer-employee agreement is in force.

(b) In relation to that class of trainee to whom an award does not apply and to whom there is no relevant award to apply if an employer-employee agreement is in force or is subsequently entered into, the minimum weekly rate of pay at the relevant Industry/Skill level as determined by reference to Attachment A hereunder, shall be the rate of pay based on the MetalTrades (General) Award 1966 contained in Table 1 and Table 2 as follows:

Table 1
The following rates of pay apply on and from 7 July 2005.
Industry/Skill Level A
School Leaver
Year 10
$
Year 11
$
Year 12
$

160.00
191.00
235.00




Plus 1 year our of school
191.00
235.00
272.00
Plus 2 years
235.00
272.00
316.00
Plus 3 years
272.00
316.00
362.00
Plus 4 years
316.00
362.00

Plus 5 years or more
362.00



Industry/Skill Level B
School Leaver
Year 10
$
Year 11
$
Year 12
$

160.00
191.00
225.00




Plus 1 year our of school
191.00
225.00
257.00
Plus 2 years
225.00
257.00
301.00
Plus 3 years
257.00
301.00
344.00
Plus 4 years
301.00
344.00

Plus 5 years or more
344.00



Industry/Skill Level C
School Leaver
Year 10
$
Year 11
$
Year 12
$

160.00
191.00
211.00




Plus 1 year our of school
191.00
211.00
237.00
Plus 2 years
211.00
237.00
267.00
Plus 3 years
237.00
267.00
299.00
Plus 4 years
267.00
299.00

Plus 5 years or more
299.00





Table 2
The following rates of pay apply on and from 9 January 2006.
Industry/Skill Level A
School Leaver
Year 10
$
Year 11
$
Year 12
$

166.00
198.00
244.00




Plus 1 year our of school
198.00
244.00
282.00
Plus 2 years
244.00
282.00
328.00
Plus 3 years
282.00
328.00
376.00
Plus 4 years
328.00
376.00

Plus 5 years or more
376.00



Industry/Skill Level B
School Leaver
Year 10
$
Year 11
$
Year 12
$

166.00
198.00
234.00




Plus 1 year our of school
198.00
234.00
267.00
Plus 2 years
234.00
267.00
313.00
Plus 3 years
267.00
313.00
358.00
Plus 4 years
313.00
358.00

Plus 5 years or more
358.00



Industry/Skill Level C
School Leaver
Year 10
$
Year 11
$
Year 12
$

166.00
198.00
221.00




Plus 1 year our of school
198.00
221.00
248.00
Plus 2 years
221.00
248.00
279.00
Plus 3 years
248.00
279.00
313.00
Plus 4 years
279.00
313.00

Plus 5 years or more
313.00





(c) For any class of trainees under this subclause undertaking a traineeship that is not provided for in Attachment A, the minimum weekly rate of pay shall be the rate of pay in Industry/Skill Level C.

Australian Qualification Framework (AQF)

(d) For a trainee in this class undertaking a AQF4 traineeship the minimum weekly rate of pay shall be the weekly wage rate for an AQF3 trainee at Industry/Skill Levels A, B or C as applicable with the addition of 3.8 per cent of that wage rate.

Part-time and School Based Trainees

(e) This provision shall apply to trainees who undertake a traineeship on a parttime basis, or as a School Based trainee, by working less than full-time hours and by undertaking the approved training at the same or lesser training time than a full-time trainee.

(i) School Based trainees will receive the relevant wage rate at Skill/Industry Levels A, B and C as applicable, as for School Leavers.

(ii) The minimum weekly rate of pay for part-time and School Based trainees shall be calculated by taking full-time rates expressed above multiplied by 1.25. This minimum weekly rate of pay for part-time School Based trainees is then divided by 38 in accordance with s.10 of the Minimum Conditions of Employment Act 1993 to produce a minimum hourly rate of pay.

(f) In relation to that class of trainee to whom an award applies or a relevant award applies where an employer-employee agreement is in force and who has reached 21 years of age, the minimum weekly rate of pay is the rate of pay that applies to that class of trainee determined by reference to the highest weekly wage rate for the skill level relevant to the traineeship under the award or under the relevant award where an employer-employee agreement is in force.

(g) In relation to that class of trainee to whom an award does not apply and to whom there is no relevant award to apply if an employer-employee agreement is in force or is entered in to and who has reached 21 years of age, the minimum weekly rate of pay shall be that determined by reference to the highest weekly wage rate for the skill level relevant to the traineeship set out below:

(i) On and from 7 July 2005 -
Industry/Skill Level A
$362.00 per week
Industry/Skill Level B
$344.00 per week
Industry/Skill Level C
$299.00 per week

(ii) On and from 9 January 2006 -
Industry/Skill Level A
$376.00 per week
Industry/Skill Level B
$358.00 per week
Industry/Skill Level C
$313.00 per week






COMMISSION IN COURT SESSION
ATTACHMENT A

INDUSTRY / SKILL LEVEL A

TRAINEESHIP
CERTIFICATE
LEVEL
Administration/Business Services

Local Government (Governance & Administration)
II & III & IV
Business Administration
III & IV
Business
II & III & IV
Business (Legal Administration/Services)
III & IV
Business (Recordkeeping)
III & IV
Business (Marketing)
IV
Business (Human Resources)
IV
Business (Small Business Management)
IV
Business (Medical Administration)*
III
Workplace Readiness
I
Beauty

Beauty Services
III
Beauty Therapy
IV
Civil Construction

Plant Operations
III
Pipelaying
III
Road Construction and Maintenance
III
Bridge Construction & Maintenance
III
Tunnel Construction*
III
Foundation Work
III
Railway Construction and Maintenance
III
Community Services

Community Care Work
III
Community Services (Aged Care Worker)
III & IV
Community Services (Children’s Services)
III
Community Services (Youth Work)
III
Community Services Work
II & III
Bi-Lingual/Bi-Cultural Community Services Work
II & III
Disability Work
III & IV
Social Housing Work
III & IV
Aboriginal Islander Education Worker*
III & IV
Aboriginal Child Care Work*
III
Community Services Contact Work*
II
Community Services Support Work*
II
Youth Work*
IV
Correctional Services

Correctional Practice (Custodial)
III & IV
Correctional Practice
III & IV
Financial Services

Financial Services
III & IV
Financial Services (General Insurances)
III & IV
Financial Services (Accounts Clerical)
III
Financial Services (Financial Planning Support)
IV
Financial Services (Accounting)*
IV
Floristry

Floristry
III
Food Processing

Food Processing
III
Food Processing (Plant Baking)
III
Food Processing (Wine)
III
Pharmaceutical Manufacturing
III
Gas Industry

Gas Operations
III & IV
Hospitality

Hospitality – (Accommodation Services)
III
Hospitality – (Food & Beverage)
III
Hospitality – (Operations)
III
Hospitality - Supervision
IV
Information Technology

Information Technology (Applications)
II
Information Technology (General)
III
Information Technology (Network Administration)
III
Information Technology (Software Application)
III
Information Technology (Network Management)
IV
Information Technology (Website Design)
IV
Information Technology (Database Administration)
IV
Information Technology (Multimedia)
IV
Information Technology (Technical Support)
IV
Information Technology (Systems Analysis & Design)
IV
Information Technology & Telecommunication Services
II
Laboratory Operations

Laboratory Skills
III
Laboratory Techniques
IV
Metal and Engineering

Engineering Technician
III
Draftsperson
V
Production Systems (Surface Finishing)
III
Engineering – Higher Engineering Trade
IV
Production Systems (Foundry)
III
Museum and Library/Information Services

Library and Information Services
II & III & IV
Museum Practice
II & III
Plastics, Rubber and Cable making/Process Manufacturing

Plastics
III
Process Manufacturing
III
Polymer Technology
IV
Plastics – Film
III
Plastics – Blow Moulding
III
Plastics – Composites
III
Plastics – Extrusion
III
Plastics – Fabrication
III
Plastics – Injection Moulding
III
Plastics – Thermoforming
III
Plastics – Rotational Moulding
III
Plastics – Polystrene
III
Rubber
III
Rubber - Injection Moulding
III
Rubber - Belt Splicing
III
Rubber – Rubber Lining
III
Process Manufactured Mineral Products
III & IV
Process Plant Operations
III
Process Plant Technology
IV
Process Support
III
Public Services/Public Safety

Policing
III
Fire fighting Operations*
III
Government
II & III & IV
Government – Fraud Control Investigation
IV
Government – Fraud Control Prevention/Detection
IV
Retail

Retail Operations
III
Retail Supervision
III
Community Pharmacy
III
Telecommunications

Telecommunications
II & III
Telecommunications Cabling
II
Telecommunications (Access Network)
II
Telecommunications (Cabling & Customer Premises Equipment)
III
Customer Contact
III & IV
Textile Clothing and Footwear

Textile Fabrication
III
Textile Production
III
Laundry Operations
III
Clothing Production
III & IV
Dry Cleaning Operations
III
Early Stage Wool Processing
III
Hide Skin Leather Processing
III
Footwear Repair*
III
Tourism

International Retail Travel Sales
III
Tourism (Attractions and Theme Parks)
II
Tourism (Guiding)
II & III & IV
Tourism (Sales/Office Operations)
II
Tourism (Visitor Information Services)
III
Transport and Distribution

Transport Administration
III
Transport and Distribution (Cash in Transit)
III
Transport and Distribution (Marine Engine Driving)
III
Transport and Distribution (Maritime Operations)
III
Transport and Distribution (Mobile Cranes)
III
Transport and Distribution (Rail Civil Infrastructure)
III
Transport and Distribution (Rail Operations)
III & IV
Transport and Distribution (Road Transport)
III & IV
Transport and Distribution (Stevedoring)
III
Transport and Distribution (Warehousing)
III & IV
Transport and Distribution (Aviation Flight Operations)*
III
Transport and Distribution (Aviation Ground Operations)*
III
Water Industry

Water Operations
III & IV
Wholesale Training Package

Wholesale Operations
III
Other

Client/Patient Support Services
II & III
Allied Health Assistance
III
Health Support Services
III
Health Service Assistance (Client Patient Services)
III
Health Service Assistance (Sterilisation Services)
III
Soft Furnishing*
III
General Construction
II
General Construction Demolition
III
Concreting/Steelfixing
III
Dogging*
III
Scaffolding*
III
Rigging*
III



INDUSTRY / SKILL LEVEL B

TRAINEESHIP
CERTIFICATE
LEVEL
Aeroskills Industry

Aeroskills (Aircraft Avionics)
II
Aeroskills (Aircraft Mechanical)
II
Aeroskills (Aircraft Structures)
II
Asset Maintenance

Asset Maintenance (Cleaning Operations)
II & III
Asset Maintenance (Waste Management)*
II & III
Asset Security

Technical Security
II & III
Automotive Industry/Retail Service and Repair

Automotive (Administration – Clerical)
II
Automotive (Administration – Service Reception)
II
Automotive (Administration – Vehicle Financing & Insur.)
II
Automotive (Administration – Vehicle Ins. & Loss Ass.)
II
Automotive (Administration – Vehicle Valuation/Purchasing)
II
Automotive (Electrical – Accessory Fitting)
II
Automotive (Mechanical – Air Conditioning)
II
Automotive (Mechanical – Driveline)
II
Automotive (Mechanical – Exhaust Fitting and Repair)
II
Automotive (Mechanical – Radiator Repair)
II
Automotive (Mechanical – Steering & Suspension)
II
Automotive (Mechanical – Tyre Fitting and Repair Heavy)
II
Automotive (Mechanical – Tyre Fitting and Repair Light)
II
Automotive (Mechanical – Underbody)
II
Automotive (Mechanical – Vehicle Servicing)
II
Automotive (Mechanical – Wheel Alignment)
II
Automotive (Sales – Automotive Aftermarket)
II
Automotive (Sales – Replacement Parts and Accessories)
II
Automotive (Sales – Service Station Operations)
II
Automotive (Sales – Parts Interpreting)
III
Automotive (Sales – Vehicles)
II & III
Automotive (Sales – Warehousing)
II
Automotive (Vehicle Body – Accessory Fitting)
II
Automotive (Vehicle Body – Detailing)
II
Automotive (Vehicle Body – Dismantling)
II
Automotive (Vehicle Body – Glazing)
II
Automotive (Vehicle Body – Paint and Penal Preparation)
II
Automotive (Vehicle Body – Window Tinting)
II
Automotive Aftermarket Retail Operations
II & III
Automotive Aftermarket Warehousing Distribution Ops
II & III
Automotive Mechanical (Cylinder Head Reconditioning)
II
Bicycles Services
II
Marine Sales
II
Marine Services
II
Outdoor Power Equipment Services
II
Beauty

Make-Up Services
II
Nail Technology
II
Retail Cosmetic Services
II
Caravan Industry

Caravan Park Operations
II & III
Civil Construction

Civil Construction
II
Entertainment/Film TV Radio & Multimedia

Broadcasting (Radio)
II & III & IV
Broadcasting (Remote Area Operations)
III
Broadcasting (Television)
III & IV
Entertainment
II & III & IV
Entertainment (Front of House)
II
Entertainment (Lighting)
III & IV
Entertainment (Sound)
III & IV
Entertainment (Audiovisual)
III & IV
Entertainment (Costume)
III & IV
Screen
III & IV
Multimedia
II & III & IV
Extractive Industries/Metalliferous

Drillers Assistant
II
Driller
III
Metalliferous Mining Operations (Open Cut)
II & III
Metalliferous Mining Operations (Processing)
II & III
Metalliferous Mining Operations (Underground)
II & III & IV
Extractive Industries Operator
II & III
Floristry

Floristry
II
Food Processing Industry

Food Processing
II
Food Processing (Wine)
II
Pharmaceutical Manufacturing
II
Forest and Forest Products Industry

Forest and Forest Products (Forest Growing and Management)
II & III
Forest and Forest Products (Harvesting)
II & III
Forest and Forest Products (Sawmilling and Processing)
II & III
Forest and Forest Products (Timber Manufactured Products)
II & III
Forest and Forest Products (Timber Merchandising)
II & III
Forest and Forest Products (Wool Panel Products)
II & III
Gas Industry

Gas Operations
II
Hospitality Industry

Hospitality – (Asian Cookery)
II
Hospitality – (Catering Operations)
II
Hospitality – (Commercial Cookery)
II
Hospitality – (Patisserie)
II
Hospitality – (Operations)
II
Textile, Clothing and Footwear

Textile Production (Complex or Multiple Processes)
II
Dry Cleaning Operations
II
Laundry Operations
II
Footwear Repair*
II
Meat

Meat Processing (Abattoirs)
II
Meat Processing (Boning)
III
Meat Processing (Food Services)
II
Meat Processing (General)
III
Meat Processing (Rendering)
III
Meat Processing (Smallgoods)
II & III
Meat Processing (Slaughtering)
III
Meat Processing (Quality Assurance)*
IV
Metal and Engineering

Engineering – Production
II
Aluminium Windows and Frames Manufacturing*
II
Outdoor Recreation/Community Recreation

Outdoor Recreation
III & IV
Community Recreation
II & III
Plastics, Rubber and Cablemaking/Process Manufacturing

Process Manufacturing
II
Process Manufacturing (Cablemaking)
II
Plastics
II
Plastics – Film
II
Plastics – Blow Moulding
II
Plastics – Composites
II
Plastics – Extrusion
II
Plastics – Fabrication
II
Plastics – Injection Moulding
II
Plastics – Thermoforming
II
Plastics – Rotational Moulding
II
Plastics – Polystrene
II
Rubber
II
Rubber – Rubber Lining
II
Rubber – Injection Moulding
II
Rubber - Belt Splicing
II
Process Manufactured Mineral Products
II
Process Plant Operations
II
Process Support
II
Printing and Graphic Arts

Desktop Publishing
II
Print Production Support
II
Screen Printing
II
Small Offset Printing
II
Printing and Graphic Arts (Multimedia)
III & IV
Printing and Graphic Arts (Printing)
IV
Public Safety

Public Safety – ATSI Police Liaison
II
Public Safety – ATSI Community Policing
II
Retail

Retail Operations
II
Community Pharmacy
II
Sport Industry

Fitness
II & III & IV
Career Orientated Participation
III
Sport and Recreation
II & III & IV
Transport and Distribution

Transport Administration
II
Transport and Distribution (Marine Engine Driving
II
Transport and Distribution (Maritime Operations)
II
Transport and Distribution (Rail Civil Infrastructure)
II
Transport and Distribution (Rail Operations)
II
Transport and Distribution (Road Transport)
II
Transport and Distribution – Stevedoring
II
Transport and Distribution (Warehousing)
II
Veterinary Nursing

Veterinary Nursing
IV
Water Industry

Water Operations
II
Wholesale Training

Wholesale Operations
II
Other

Conservation and Land Management
II & III & IV
Furnishing (Flooring)
II
Furnishing (Polishing)
II
Furnishing (Upholstery)
II
Soft Furnishing*
II
Furniture Making
II
Glass and Glazing
II
Electrotechnology Data Communications
II & III
Electrotechnology Servicing
II
Electrotechnology Remote Essential Services Operations
II
Electrotechnology Communications
IV
Electrotechnology Apparatus Servicing
IV
Electrotechnology Computer Systems
IV
Electrotechnology Entertainment and Servicing
IV
Electrotechnology Instrumentation
IV
Electrotechnology Refrigeration and Air Conditioning
IV
Electrotechnology Systems Electrician
IV
Electrotechnology Contracting
IV
Electrotechnology Explosion Protection
IV
Electrotechnology Radar Systems
IV
Communication Technology
III
ESI Generation (Operations)
III & IV
ESI Generation (Mechanical)
III & IV
ESI Generation (Electrical/Electronic)
IV
ESI Generation (Fabrication)
III
ESI Generation (Systems Operations)
IV
ESI Distribution (Powerline)
III
Drainage
II
Animal Studies*
II
Animal Technology*
III
Captive Animals*
III
Companion Animal Services*
III & IV
Animal Control and Regulation*
IV



INDUSTRY / SKILL LEVEL C

TRAINEESHIP
CERTIFICATE
LEVEL
Agriculture/Rural

Agriculture
II & III & IV
Agriculture (Beef Cattle Production)
III
Agriculture (Dairy)
III
Agriculture (Goat Production)
III
Agriculture (Grain Production)
III
Agriculture (Horse Breeding)
III
Agriculture (Horticulture Production)
II & III
Agriculture (Pig Production)
III
Agriculture (Sheep and Wool)
III
Agriculture (Rural Merchandising)
III
Advanced Wool Handling*
III
Irrigation*
II & III & IV
Shearing*
II & III & IV
Wool Handling*
II
Wool Clip Preparation*
III
Wool Classing*
IV
Horticulture

Horticulture
II & III & IV
Horticulture (Arboriculture)
II & III & IV
Horticulture (Floriculture)
II & III & IV
Horticulture (Landscape)
II & III & IV
Horticulture (Retail Nursery)
II & III & IV
Horticulture (Wholesale Nursery)
II & III & IV
Horticulture (Parks and Gardens)
II & III & IV
Horticulture (Turf)
II & III & IV
Rural Operations
II & III
Music

Music
III & IV
Music Industry (Foundation)
II
Music Industry (Technical Production)
III & IV
Music Industry (Business)
III
Racing Industry

Racing - Stablehand
II
Racing - Advanced Stablehand
III
Racing - Trackrider
III
Racing - Jockey
IV
Racing - Harness Driver*
III
Seafood Industry

Seafood Processing (Operations)
II & III
Seafood Processing (Seafood Sales and Distribution)
II & III
Seafood (Aquaculture)
II & III & IV
Seafood (Fishing Operations)
II & III
Seafood (Fisheries Compliance)
III


* Denotes new Traineeship created since 5th June 2003

Plastics – Injection Moulding
III
Plastics – Thermoforming
III
Plastics – Rotational Moulding*
III
Plastics – Polystrene*
III
Rubber*
III
Rubber - Injection Moulding
III
Rubber - Belt Splicing
III
Rubber – Rubber Lining
III
Process Manufactured Mineral Products
III & IV
Process Plant Operations
III
Process Plant Technology
IV
Process Support*
III
Public Services/Public Safety

Policing
III
Government
II & III & IV
Government – Fraud Control Investigation
IV
Government – Fraud Control Prevention/Detection
IV
Retail

Retail Operations
III
Retail Supervision
III
Community Pharmacy
III
Telecommunications

Telecommunications
II & III & IV
Telecommunications Cabling
II & IV
Telecommunications (Access Network)*
II
Telecommunications (Cabling & Customer Premises Equipment)*
III
Telecommunications (Engineering)*
IV
Customer Contact*
III & IV
Textile Clothing and Footwear

Textile Fabrication
III
Textile Production
III
Laundry Operations
III
Clothing Production
III & IV
Dry Cleaning Operations
III
Early Stage Wool Processing
III
Hide Skin Leather Processing
III
Tourism

International Retail Travel Sales
III
Tourism (Attractions and Theme Parks)
II
Tourism (Guiding)
II & III & IV
Tourism (Sales/Office Operations)
II
Tourism (Visitor Information Services)
III
Transport and Distribution

Transport Administration*
III
Transport and Distribution (Cash in Transit)
III

* Denotes new Traineeship created since 5th June 2003

Transport and Distribution (Marine Engine Driving)
III
Transport and Distribution (Maritime Operations)
III
Transport and Distribution (Mobile Cranes)
III
Transport and Distribution (Rail Civil Infrastructure)
III
Transport and Distribution (Rail Operations)
III & IV
Transport and Distribution (Road Transport)
III & IV
Transport and Distribution (Stevedoring)
III
Transport and Distribution (Warehousing)
III & IV
Water Industry

Water Industry Operations
III & IV
Wholesale Training Package

Wholesale Operations
III
Other

Client/Patient Support Services
II & III
Allied Health Assistance
III
Health Support Services*
III
Health Service Assistance (Client Patient Services)*
III
Health Service Assistance (Sterilisation Services)*
III
Teacher Assistant (Indigenous)*
III
General Construction
II
General Construction Demolition
III
Materials Handling
III
Concreting/Steelfixing*
III



Schedule 1


Award Name
Clause No.


Bradken Bassendean (WA) Way Forward Enterprise Award 2003
Clause 4.2 only
Clerks (Racing Industry – Betting) Award 1978, No. R22 of 1977
Schedule C only
Horticultural (Nursery) Industry Award, No. 30 of 1980 - The
Clause 5(1) and Appendix I


Kalgoorlie Consolidated Gold Mines Award 2002
Clause 10 only
Shearing Contractors' Award of Western Australia 2003
Clause 4.2 and 4.5



Schedule 2

STATEMENT OF PRINCIPLES – July 2005


1. Role of Arbitration and the Award Safety Net

Existing wages and conditions in awards and relevant agreements of the Commission constitute the safety net which protects employees who may be unable to reach an industrial agreement.

Wages and conditions of employment maintained in awards in accordance with these Principles and through the operation of section 40B of the Act is the safety net.

These Principles do not have application to Enterprise Orders made under section 42I of the Act.


2. When an Award or relevant Agreement may be varied or another Award made without the claim being regarded as above or below the Safety Net:

In the following circumstances an award or relevant agreement may, on application, be varied or another award made without the application being regarded as a claim for wages and/or conditions above or below the award safety net:

(a) to include previous State Wage Case increases in accordance with Principle 3.

(b) To incorporate test case standards in accordance with Principle 4.

(c) To adjust allowances and service increments in accordance with Principle 5.

(d) To adjust wages pursuant to work value changes in accordance with Principle 6.

(e) To reduce standard hours to 38 per week in accordance with Principle 7.

(f) To adjust wages for arbitrated safety net adjustments in accordance with Principle 8.

(g) To vary an Award or relevant Agreement to include the Minimum Adult Wage in accordance with Principle 9.

(h) A consent variation to a single enterprise specific award or a consent replacement award to a single enterprise specific award under Principle 10 giving effect to structural efficiency initiatives or productivity based arrangements.

(i) Where awards already make provision for superannuation pursuant to principles which operated under State Wage Cases from 1986 until 1993 the terms of those clauses may be varied to refer to current Federal Statutes in lieu of employers’ contributions, but these clause shall not be varied otherwise.

(j) To vary the award to incorporate industrial agreement provisions into the award by consent pursuant to section 40A of the Act. The incorporated industrial agreement wage rate and allowance provisions will not be subject to arbitrated safety net adjustments and will be identified separately in the award at the time of variation.


3. Previous State Wage Case Increases

Increases available under previous State Wage Case Decisions such as structural efficiency adjustments, and previous arbitrated safety net adjustments will, on application, still be accessible.

Minimum rates adjustments may also be progressed under this principle.


4. Test Case Standards

Test Case Standards established and/or revised by the Commission may be incorporated in an award. Where disagreement exists as to whether a claim involves a test case standard, those asserting that it does, must make an application and justify its referral. The Chief Commissioner will decide whether the claim should be dealt with by a Commission in Court Session.


5. Adjustment of Allowances and Service Increments

Existing allowances which constitute a reimbursement of expenses incurred may be adjusted from time to time where appropriate to reflect the relevant change in the level of such expenses.

Adjustment of existing allowances which relate to work or conditions which have not changed and of service increments will be determined in each case in accordance with State Wage Decisions.

Allowances which relate to work or conditions which have not changed and service increments may be adjusted as a result of the arbitrated safety net increase in Clause 8 of this Section.

In circumstances where the Commission has determined that it is appropriate to adjust existing allowances relating to work or conditions which have not changed and service increments for a monetary safety net increase, the method of adjustment shall be that such allowances and service increments should be increased by a percentage derived as follows: divide the monetary safety net increase by the rate of pay for the key classification in the relevant award immediately prior to the application of the safety net increase to the award rate and multiply by 100.

Existing allowances for which an increase is claimed because of changes in the work or conditions will be determined in accordance with the relevant provisions of the Work Value Changes Principle of this Statement of Principles.

New allowances to compensate for the reimbursement of expenses incurred may be awarded where appropriate having regard to such expenses.

Where changes in the work have occurred or new work and conditions have arisen, the question of a new allowance, if any, shall be determined in accordance with the relevant principles of this Statement of Principles. The relevant principles in this context may be Work Value Changes Principle or First Award and Extensions to an Existing Award Principle.

New service increments may only be awarded to compensate for changes in the work and/or conditions and will be determined in accordance with the relevant parts of the Work Value Changes Principle of this Statement of Principles.


6. Work Value Changes

(a) Changes in work value may arise from changes in the nature of the work, skill and responsibility required or the conditions under which work is performed. Changes in work by themselves may not lead to a change in wage rates. The strict test for an alteration in wage rates is that the change in the nature of the work should constitute such a significant net addition to work requirements as to warrant the creation of a new classification or upgrading to a higher classification.

In addition to meeting this test a party making a work value application will need to justify any change to wage relativities that might result not only within the relevant internal award classifications structure but also against external classifications to which that structure is related. There must be no likelihood of wage "leapfrogging" arising out of changes in relative position.

These are the only circumstances in which rates may be altered on the ground of work value and the altered rates may be applied only to employees whose work has changed in accordance with this provision.

In applying the Work Value Changes Principle, the Commission will have regard to the need for any alterations to wage relativities between awards to be based on skill, responsibility and the conditions under which work is performed.

(b) Where new or changed work justifying a higher rate is performed only from time to time by persons covered by a particular classification or where it is performed only by some of the persons covered by the classification, such new or changed work should be compensated by a special allowance which is payable only when the new or changed work is performed by a particular employee and not by increasing the rate for the classification as a whole.

(c) The time from which work value changes in an award should be measured is the date of operation of the second structural efficiency adjustment allowable under the September 1989 State Wage Decision ((1989) 69 WAIG 2917).

(d) Care should be exercised to ensure that changes which were or should have been taken into account in any previous work value adjustments or in a structural efficiency exercise are not included in any work evaluation under this provision.

(e) Where the tests specified in (a) are met, an assessment will have to be made as to how that alteration should be measured in money terms. Such assessment should normally be based on the previous work and the nature and extent of the change in work.

(f) The expression "the conditions under which the work is performed" relates to the environment in which the work is done.

(g) The Commission should guard against contrived classifications and over-classification of jobs.

(h) Any changes in the nature of the work, skill and responsibility required or the conditions under which the work is performed, taken into account in assessing an increase under any other provision of this Statement of Principles, shall not be taken into account in any claim under this provision.


7. Standard Hours

In approving any application to reduce standard hours to 38 per week, the Commission will satisfy itself that the cost impact is minimised.


8. Arbitrated Safety Net Adjustments

Where the minimum rates adjustment process in an award has been completed, the Commission may consider an application for the base rate, supplementary payment and arbitrated safety net adjustments to be combined so that the award specifies only the total minimum rate for each classification.

By consent of all parties to an award, where the minimum rates adjustment has been completed, award rates may be expressed as hourly rates as well as weekly. In the absence of consent, a claim that award rates be so expressed may be determined by arbitration.

The arbitrated safety net adjustment arising from the decision in Matter No. 576 of 2005 is $17.00 per week.


9. Minimum Adult Award Wage

A minimum adult award wage clause will be required to be inserted in any new award.

The minimum adult wage clause will be as follows –

MINIMUM ADULT AWARD 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 7 July 2005.

(3) The minimum adult award wage 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 piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5) 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.

(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 category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(7) Subject to this clause the minimum adult award wage shall –

(a) apply to all work in ordinary hours.

(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(8) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for adult employees payable under the 2005 State Wage Case Decision. Any increase arising from the insertion of the adult minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the adult minimum 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 the award for an adult apprentice in force immediately prior to 5 June 2003.


10. Making or Varying an Award or issuing an Order (other than an Enterprise Order under section 42I of the Act) which has the effect of varying wages or conditions above or below the safety net

An application or reference for a variation in wages or conditions above or below the safety net will be referred to the Chief Commissioner for him to determine whether the matter should be dealt with by a Commission in Court Session or by a single Commissioner.

Provided that where parties to a single enterprise specific award apply to vary the award by consent or consent to a replacement award to give effect to structural efficiency initiatives or productivity based arrangements the Chief Commissioner may allocate the matter to a single Commissioner.


11. New Awards (including interim Awards) and Extensions to an existing Award

The following shall apply to the making of a new award (including an interim award) and an extension to an existing award:

(a) In the making of a new award, the main consideration shall be that the award meets the needs of the particular industry or enterprise while ensuring that employees' interests are also properly taken into account. Structural efficiency considerations shall apply in the making of such an award.

(b) Subject to section 36A(3) in the making of an interim award the Commission shall ensure that the award meets the needs of the particular industry or enterprise while ensuring that employees' interests are also properly taken into account. Structural efficiency considerations shall apply in the making of such an award.

(c) A new award (including and interim award) shall have a clause providing for the minimum award wage [see Clause 9 of this Section] included in its terms.

(d) In the extension of an existing award to new work or to award-free work the rates applicable to such work will be assessed by reference to the value of work already covered by the award, providing structural efficiency considerations including the minimum rates adjustment provisions where relevant have been applied to the award.


12. Economic Incapacity

Any respondent or group of respondents to an award may apply to reduce and/or postpone the variation which results in an increase in labour costs under this Statement of Principles on the ground of very serious or extreme economic adversity. The merit of such application shall be determined in the light of the particular circumstances of each case and any material relating thereto shall be rigorously tested. The impact on employment at the enterprise level of the increase in labour costs is a significant factor to be taken into account in assessing the merit of an application. A party making such an application must make and justify an application as a Special Case. It will then be a matter for the Chief Commissioner to decide whether it should be dealt with by a Commission in Court Session.


13. Duration

This Statement of Principles will operate until reviewed.