BUILDING TRADES (CONSTRUCTION) AWARD 1987, NO. R 14 OF 1978

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Master Builders Association of WA

APPLICANT

-v-

The Construction, Forestry, Mining and Energy Union of Workers AND OTHERS

RESPONDENTS

CORAM Senior Commissioner J F Gregor

DATE Thursday, 23 March 2006

FILE NO APPL 986 OF 2005

CITATION NO. 2006 WAIRC 04009

Result Vary Award

Order

HAVING heard Mr K. Richardson on behalf of the Applicant and Mr G. MacLean of Counsel on behalf of The Construction, Forestry, Mining and Energy Union of Workers; Mr L. Edmonds of Counsel on behalf of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Mr J. Daslik on behalf of the Housing Industry Association; Ms E. Clements on behalf of Department of Consumer and Employment Protection; Mr A. Davis on behalf of the Department of Employment and Training and Mr P. Joyce on behalf of the Minister for Education and Training, and by consent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders:

THAT the Building Trades (Construction) Award 1987 No. R14 of 1978 be varied in accordance with the following Schedule and that such variation shall have effect commencing from the first pay period on and from 23rd March 2006.

Senior Commissioner J F Gregor

SCHEDULE

Clause 41. – Apprentices:

A. Immediately following subclause (1)(a)(iii) insert a new sub-paragraph as follows:

(iv) 

 Provided that these provisions do not apply in classifications under Clause 8(2)(ii) and (iii) of this Award.

 The Western Australian Industrial Relations Commission shall conduct a review of the 2 year building industry apprenticeship no more than two years from the date of the award being amended to introduce the 2 year apprenticeship.

B. Delete paragraphs (b) –(d) inclusive and insert the following in lieu thereof:

(b) The Industrial Taining Act 1975, as amended from time to time, and its Regulations shall prescribe apprenticeship trades and respective terms of apprenticeship.

(c) For the purposes of paragraph (a) hereof, the tradesperson's rate shall be the sum of the weekly rate prescribed in paragraph (a)(i) or (a)(ii) of subclause (2) of Clause 8. - Rates of Pay of this award and the special allowance prescribed in subclause (5) of the said clause.

(d) Industry and Tool Allowance (per week)

In addition to the above rate apprentices shall receive the appropriate amounts prescribed in subclauses (3), (6), (7) and (8) of Clause 8. - Rates of Pay, as part of the ordinary weekly wage for all purposes.

(e) Provision of Tools

An employer may, by agreement with the apprentice's parent or guardian, elect to provide the apprentice with a kit of tools and, subject to establishing the value of the tools at the time of so providing, deduct the tool allowance until the cost of the kit of tools is reimbursed. 

In the event of an apprentice being dismissed or leaving his/her employment before the cost of the tool kit has been reimbursed, the employer shall be entitled to:

(i) deduct from any monies owing the apprentice, the amount then owing; or

(ii) by agreement retain tools at the originally nominated value to the amount still owing.