THE WESTERN AUSTRALIAN PROFESSIONAL ENGINEERS (GENERAL INDUSTRIES) AWARD 2004

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES ASSOCIATION OF PROFESSIONAL ENGINEERS, AUSTRALIA (WESTERN AUSTRALIAN BRANCH), ORGANISATION OF EMPLOYEES

APPLICANT

-v-

DT WORKFORCE & OTHERS

RESPONDENTS

CORAM COMMISSIONER J H SMITH

DATE WEDNESDAY, 31 AUGUST 2005

FILE NO/S APPL 283 OF 2005

CITATION NO. 2005 WAIRC 02512

Result Award varied

Representation

Applicant Mr D Moss

Respondents Mr P Moss (as agent on behalf of the Respondents who have filed warrants)

Order

Having heard Mr D Moss on behalf of the Applicant and Mr P Moss, as agent on behalf of the Respondents and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –

THAT The Western Australian Professional Engineers (General Industries) Award 2004 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after 1 December 2005.

COMMISSIONER J H SMITH

SCHEDULE

1. Clause 1.3 – Area and Scope:  Delete this clause and insert the following in lieu thereof:

1.3 - AREA AND SCOPE

1.3.1           This award shall operate throughout the State of Western Australia and shall include those areas which are described in Section 3 of the Industrial Relations Act 1979.

1.3.2           This award shall apply to all employees eligible to be members of the Association of Professional Engineers Australia (Western Australian Branch) Organisation of Employees employed in the classifications defined in Clause 1.5 – Definitions:

(a)                 in the industries listed in 1.3.3; and

(b)                 employed in the engineering callings listed in 1.3.4

and to the employers who employ those employees.

1.3.3           Industries:

Aeronautical Engineering Industry

Bio Engineering Industry

Civil and Construction Industry

Chemical Engineering Industry

Combustion/Heating, Hot Water/Ventilation Engineering Industry

Communications Engineering Industry

Electrical Engineering Industry

Electronic Engineering Industry

Engineering Consultancy Industry

Engineering Design Industry

Engineering Labour Hire Industry

Environmental Engineering Industry

Fabrication Engineering Industry

Geotechnical Engineering Industry

Hydraulic Engineering Industry

Marine Engineering Industry

Materials Engineering Industry

Mining Industry

Mining Engineering Services Industry

Molecular Engineering Industry

Oil/Gas Industry

Pharmaceutical Production Engineering Industry

Process Engineering Industry

Robotic Engineering Industry

Safety Systems and Controls Engineering Industry

Software Engineering Industry

Sound Engineering Industry

Structural Engineering Industry

1.3.4           Engineering Callings:

Aeronautical Engineers

Agricultural Engineers

Avionics Engineers

Biochemical Engineers 

Bio Materials Engineers

Biomedical Engineers

Building Services Engineers

Civil and Construction Engineers

Chemical Engineers

Clinical Engineers

Clinical Biomechanical Engineers

Coastal and Ocean Engineers

Combustion Engineers

Computer Systems Engineers

Consulting Engineers

Database Engineers

Design Engineers

Electrical Engineers

Electromechanical Engineers

Electronic Engineers

Environmental Engineers

Communications Engineers

Fabrication Engineers

Genetic Engineers

Geological Engineers

Geotechnical Engineers

Heating, Hot Water Engineers

Hydraulic Engineers

Implant Technology Engineers

Industrial Engineers

Information Systems Engineers

Installation Engineers

Maintenance Engineers

Materials Engineers

Mechanical Engineers

Mechatronic Engineers

Metallurgical Engineers

Mining Engineers

Molecular Engineers

Naval Architecture Engineers

Oil/Gas Engineers

Petrochemical Engineers

Pharmaceutical Production Engineers

Plastics Engineers

Process Engineers

Rehabilitation Engineers

Resource Engineers

Robotic Software Engineers

Rigging Engineers

Risk Engineers

Software Engineers

Sound Engineers

Space Engineers

Structural Engineers

Thermodynamic Engineers

Ventilation Engineers

2. Clause 2.2 - Existing Contracts of Employment:  Delete this clause and insert the following in lieu thereof:

2.2 - Existing Contracts of Employment

Nothing contained in this Award shall entitle an employer to reduce the salary of any employee who, at the date of this Award, was being paid a higher rate of salary than the minimum prescribed for their class of work. Provided however, that nothing contained in this Award shall prevent the employer and employee from agreeing to vary, or cancel, any other provision of an employee's contract of employment which is not provided by, the provisions of this Award. Where prior to the commencement of this Award (or in the case of the labour hire industry the application of this Award) where an employee is engaged on an overaward salary or wage arrangement, that arrangement shall be considered to meet the requirements of 3.1 - Hours of Duty, 5.3.1 - Additional Considerations – Site, Climatic, Location, Camping, Incidentals etc., and 6.2.1(c) - Annual Leave, provided that the arrangement adequately compensates the employee for these provisions.

3. Clause 5.3 – Miscellaneous Employment Conditions:  Delete subclause 5.3.2 - Distant Work Accommodation and Expenses - and insert the following in lieu thereof:

5.3.2 - Distant Work Accommodation and Expenses

(a)                 Where an employee is directed by the employer to proceed to work at such a distance that the employee cannot return to home each night and the employee does so, the employer shall provide the employee with suitable board and lodging or shall pay the expenses reasonably incurred by the employee for board and lodging.

(b)                 Suitable board and lodging, for the purpose of this subclause, shall mean full board and lodging at a hotel, motel, guest house, construction camp, or sea-going vessel.

(c)                 The provisions of paragraph (a) do not apply with respect to any period during which an employee is absent from work without reasonable excuse and in such a case, where the board and lodging is supplied by the employer, they may deduct from monies owing or which may become owing to the employee an amount equivalent to the value of that board and lodging for the period of the absence.

(d)                 The above provisions do not apply where an employee in the labour hire industry accepts a placement away from their normal place of residence.

4. Clause 16. – Respondents:  Delete industry heading and respondents (Engineering Labour Hire Industry):

Engineering Labour Hire Industry

ETM Placements,

163 Eastern Road,

SOUTH MELBOURNE   VIC   3205

Mining People International,

PO Box 1181,

WEST PERTH, WA, 6005

5. Clause 16. – Respondents:  Insert industry heading and respondents (between Engineering Design Industry and Environmental Engineering Industry):

Engineering Labour Hire Industry

B.S.P Industries (1981) Pty Ltd,

Suite 7, 8 Clive Street,

WEST PERTH, WA, 6005

Byers Labour Hire,

PO Box 83,

BURSWOOD, WA, 6100

ChoiceOne Taskforce,

262 St Georges Terrace,

PERTH, WA, 6000

Company Solutions (Aust) Pty Ltd,

41 Burswood Road,

VICTORIA PARK, WA, 6100

ETM Placements,

163 Eastern Road,

SOUTH MELBOURNE, VIC, 3205

Hays Specialist Recruitment,

Level 13, 172 St Georges Terrace,

PERTH, WA, 6000

HR Connect,

Level 9, 5 Mill Street,

PERTH, WA, 6000

Mining People International,

PO Box 1181,

WEST PERTH, WA, 6005

Skilled,

Unit 2, 64 Spencer Street,

BUNBURY, WA, 6230

Teamwork Industrial,

6/17 Ogilvie Road,

MT PLEASANT, WA, 6153