TRANSPORT WORKERS' (GENERAL) AWARD NO. 10 OF 1961

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch

APPLICANT

-v-

William Barker & Co and Others

RESPONDENTS

CORAM Commissioner J H Smith

DATE THURSday, 16 March 2006

FILE NO/S APPL 947 OF 2005

CITATION NO. 2006 WAIRC 03965

Result Award varied

Representation

Applicant Mr N J Hodgson

Respondents Mr J Uphill (as agent for whom warrants have been filed)

Order

Having heard Mr Hodgson on behalf of the Applicant and Mr Uphill as agent on behalf of the Respondents for whom warrants have been filed, and by consent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –

THAT the Transport Workers' (General) Award No. 10 of 1961 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 15 March 2006.

Commissioner J H Smith

SCHEDULE

1. Subclause 1.2 – ARRANGEMENT:  Insert the following subclauses after "5.18   AIR CONDITIONING":

5.19 DANGEROUS GOODS LICENCE

5.20 ARTICLES OF CLOTHING

5.21 FIRST AID ALLOWANCE

5.22 MEDICAL CHECKS.

2. Subclause 2.1 – CONTRACT OF SERVICE:  Delete subparagraph 2.1.1.5 and insert the following in lieu thereof:

2.1.1.5 Summary Dismissal

The employer has the right to dismiss any employee without notice for serious misconduct and in such cases any entitlements under this Award are to be paid up to the time of dismissal only.  The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, (in which case the wages shall be paid up to the time of dismissal only).

3. Subclause 4.3 – CLASSIFICATIONS:  Delete paragraph 4.3.1 and insert the following in lieu thereof:

4.3.1 Grade 1

Motor Driver's Assistant

Washers (except can and night washers)

Driver of mechanical horse with or without trailer

Loaders

Yardsperson

4. Subclause 5.2 – LEADING HAND ALLOWANCE:  Delete subparagraphs 5.2.1.1, 5.2.1.2 and 5.2.1.3 and insert the following in lieu thereof:

5.2.1.1  Not less than three and not more than ten other employees shall be paid $23.96 per week extra.

5.2.1.2  More than ten and not more than twenty other employees shall be paid $35.73

5.2.1.3 More than twenty other employees shall be paid $45.38 per week extra.

5. Subclause 5.3 – INDUSTRY ALLOWANCE:  Delete the subclause and insert the following in lieu thereof:

In addition to the rates prescribed in this clause an amount of $19.95 per week shall be paid to employees engaged under this Award in rock quarries and sand pits to compensate for dust and climatic conditions when working in the open and for deficiencies in general amenities and facilities.  Provided that employees in limestone quarries of Cockburn Cement limited shall be paid an amount of $0.51 cents per hour in lieu of the $19.95 per week referred to in this sub clause. 

6. Subclause 5.4 – READY MIXED CONCRETE INDUSTRY:  Delete the subclause and insert the following in lieu thereof:

In addition to the rates prescribed in this clause an amount of $11.79 per week shall be paid to drivers and/or operators of ready mixed concrete trucks. 

7. Subclause 5.5 – DANGEROUS GOODS ALLOWANCE:  Delete paragraphs 5.5.1 and 5.5.2 and insert the following in lieu thereof:

5.5.1 A driver engaged in the transport of bulk dangerous goods or carting explosives in conformity with the Australian explosives code by public road shall receive an allowance of $12.84 per day.  Bulk Dangerous Goods are those goods defined as such in the Australian Dangerous Goods Code as amended from time to time.

5.5.2 A driver engaged in the transport of packaged dangerous goods which requires placarding by public road shall receive an allowance of $5.35 per day.  Packaged goods which require placarding are those goods defined as such in the Australian Dangerous Goods Code as amended from time to time.

8. Subclause 5.6 – MEALS:  Delete paragraphs 5.6.1 and 5.6.2 and insert the following in lieu thereof:

5.6.1 An employee required to work overtime for two hours or more shall be supplied with a reasonable meal by the employer or paid $7.64 for a meal.

5.6.2 If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall provide such meals or pay an amount of $5.23 for each second or subsequent meal.

9. Subclause 5.7 – VAN DRIVER – SALES EMPLOYEE:  Delete the subclause and insert the following in lieu thereof:

Van Driver - Sales employee (as defined) shall be paid $9.24 per week extra. 

10. Subclause 5.8 – EXTRA RATES:  Delete the paragraph 5.8.1 and insert the following in lieu thereof:

5.8.1 An employee who is required to cart tar (other than in sealed containers) for immediate spreading upon streets, tar in unsealed containers, or tarred material for spreading upon streets; and/or who spreads either of them upon streets - an extra $1.89 per week.

11. Subclause 5.9 – OFFENSIVE MATERIALS:  Delete the first sentence in this subclause and insert the following in lieu thereof:

Employees carting any of the following offensive materials shall be paid - an extra $1.53 per week.

12. Subclause 5.10 – DIRTY MATERIALS:  Delete the first sentence in this subclause and insert the following in lieu thereof:

Employees carting any of the following dirty materials shall be paid an extra $0.29 cents per hour.

13 Subclause 5.11 – HANDLING CASH:  Delete paragraph 5.11.2 and insert the following in lieu thereof:

5.11.2

14. Subclause 5.12 – OTHER ALLOWANCES:  Delete paragraphs 5.12.1, 5.12.2, 5.12.3, 5.12.4, 5.12.5, 5.12.6 and 5.12.7 in this subclause and insert the following in lieu thereof:

5.12.1 Employees carting, loading and/or unloading carbon black except in sealed metal containers - an extra $1.21 per day or part thereof.

5.12.2 An employee, who is a recognised furniture carter engaged in removing and/or delivering furniture, shall be paid an extra $12.58 per week.

5.12.3 An employee who is a recognised livestock carter carrying livestock shall be paid an extra $12.58 per week.

5.12.4 Driver required to act as sales employee of goods in their vehicle shall be paid an extra $2.00 per week.

5.12.5 An employee who, in the course of their employment, drives a vehicle with self loading equipment which requires the possession of a certificate of competency shall be paid an extra $12.05 per week.

5.12.6 Any employee required to drive a motor vehicle in excess of 3.5m in width, or transport a load in excess of that width shall receive an additional $2.00 per day or part thereof.

5.12.7 An employee required to work in a van or a chamber with a temperature of less than zero degrees Celsius shall receive an additional $0.50 cents per hour, or part thereof, for all time so worked.

15. Subclause 5.17 – DISTANT WORK, BOARD AND LODGING:  Delete paragraph 5.17.3 and insert the following in lieu thereof:

5.17.3  An employee engaged on work which requires them to sleep in or about their truck whilst in the course of travelling from one point to another, or in the absence of suitable accommodation is obliged to live in a tent or hut shall in addition to the application of 5.17.2 in respect of food, be paid an allowance in lieu of accommodation of $14.31 per night.

16. After subclause 5.18 – AIR CONDITIONING and before clause 6. LEAVE:  Insert the following new subclauses:

5.19 - DANGEROUS GOODS LICENSES

5.19.1 Where a weekly employee is required to possess a license to operate a vehicle carrying dangerous goods (as defined in the Australian code for the transport of dangerous goods by road or rail), training and medical costs shall be reimbursed by the employer.

5.20 - ARTICLES OF CLOTHING

5.20.1 Where the employer requires an employee to wear any special clothing such as any special uniform, cap, overall or other article, the employer must reimburse the employee for the cost of purchasing such special clothing. The provisions of this clause do not apply where the special clothing is provided for by the employer.

5.20.2 Where an employee is required by the employer to work continuously in conditions in which, because of their nature, the clothing would otherwise become saturated, the employer must reimburse the employee for the cost of purchasing protective clothing.  The provisions of this clause do not apply where the protective clothing is provided for by the employer.

5.20.3 Where an employee is employed in the classification of Greaser and Cleaner, or is normally required to service vehicles, the employer must reimburse the employee for the cost of purchasing overalls.  The provisions of this clause do not apply where the overalls are provided for by the employer.

5.20.4 Provided that this clause shall not apply to employees who are required as an adjunct to their normal duties to check such things as vehicles, oil, water and tyres.

5.20.5 Provided further that such protective clothing shall remain the property of the employer, and that the employee shall be liable for the cost of replacement of any article of protective clothing which is lost, destroyed or damaged through the negligence of the employee.

5.21. FIRST AID ALLOWANCE

5.21.1 An employee holding a current first aid qualification from St. John Ambulance or similar body and appointed by the employer to perform first-aid duty shall be paid $8.23 in addition to wages for any week so appointed.  The employer will reimburse the cost of fees for any courses necessary for any employee covered by this clause to obtain, and maintain current, the appropriate first aid qualification.

5.22. MEDICAL CHECKS

5.22.1 An employer requiring employees to undertake medical checks during a term of employment or requiring persons seeking employment to undertake a medical check as part of an interview process, shall reimburse all medical costs not recoverable from a Health Fund by the employee or persons seeking employment.