WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE CONSTRUCTION, FORESTRY MINING AND ENERGY UNION OF WORKERS

APPLICANT

-v-

INTEGRATED GROUP LTD AND OTHERS

RESPONDENTS

CORAM COMMISSIONER S WOOD

DATE TUESDAY, 26 SEPTEMBER 2006

FILE NO A 3 OF 2005

CITATION NO. 2006 WAIRC 05510

Result Award issued

Representation

Applicant Mr D Schapper of Counsel

Respondent Mr N Ellery of Counsel for Integrated Group Ltd

Mr J Blackburn of Counsel and with him Mr M Borlase for Skilled Rail Services Pty Ltd and Skilled Group Ltd

Order

HAVING heard Mr D Schapper of Counsel on behalf of the applicant, Mr N Ellery of Counsel on behalf of Integrated Group Ltd and Mr J Blackburn of Counsel and Mr M Borlase for Skilled Rail Services Pty Ltd and Skilled Group Ltd, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders:

THAT the Iron Ore Production & Processing (Locomotive Drivers) Award 2006 be made in accordance with the following schedule and that such award shall have effect from the date of this order.

COMMISSIONER S WOOD

SCHEDULE

1. AWARD STRUCTURE

1.1 TITLE

The Iron Ore Production & Processing (Locomotive Drivers) Award 2006.

1.2. ARRANGEMENT

1. AWARD STRUCTURE

1.1 TITLE

1.2 ARRANGEMENT

1.3 AREA AND SCOPE

1.4 TERM

2. RATES OF PAY

2.1 WAGES

2.2 ARBITRATED SAFETY NET ADJUSTMENTS

2.3 CLASSIFICATIONS

2.4 MINIMUM ADULT AWARD WAGE

3. HOURS OF DUTY

3.1 HOURS OF DUTY

3.2 OVERTIME

4. LEAVE

4.1 ANNUAL LEAVE

5.  ALLOWANCES AND FACILITIES

5.1 TRAVEL AND ACCOMODATION

6. SAFETY

6.1 SAFETY EQUIPMENT, UNIFORMS AND NECESSARIES

7. DISPUTE RESOLUTION PROCEDURE

7.1 DISPUTE RESOLUTION PROCEDURE

8. NAMED PARTIES TO THE AWARD

1.3 AREA AND SCOPE

This award shall apply to all locomotive drivers working on the BHP Billiton Iron Ore Pty Ltd railroad who are employed by any person or company other than BHP Billiton Iron Ore Pty Ltd and to all employers employing such persons.

1.4 TERM

This award shall operate from the first pay period commencing on or after the making of this award and shall remain in force for a period of 12 months.

2. RATES OF PAY

2.1           WAGES

Employees shall be employed in the appropriate classification and level as set out in Clause 2.3 of this Award.

The minimum hourly rate of wage for work performed by employees shall be:

Employees shall receive the wage rate appropriate to the work they perform in any shift.  A loading of 20% of the hourly rate shall be paid for each hour worked by a casual employee.

2.2 Arbitrated Safety Net Adjustments

Increases to salaries, wages and allowances arising from arbitrated safety net adjustments determined by the Commission are to be absorbed into the salaries and allowances prescribed by this award.

2.3 CLASSIFICATIONS

2.3.1 Locomotive Driver Level 1 – Yard and Construction

A person at this level shall be qualified to operate head end powered trains under Driver Only Operations on the BHP Iron Ore Pilbara District Railroad.  They shall operate Locotrol under supervision.  They shall work in all aspects of the Yards in accordance with Yard operations

2.3.2 Locomotive Driver Level 2 – Mainline

A person at this level shall be qualified to operate all trains including Locotrol trains under Driver Only Operation over the BHP Iron Ore Pilbara District Railroad.

2.4. 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 $504.40 per week payable on and from 7 July 2006.

(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 2006 General Order 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 $421.70 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.

3. HOURS OF DUTY

3.1           HOURS OF DUTY

Employees shall work a roster averaging either 42, 46 or 48 ordinary hours per week, or otherwise by agreement between the parties.

3.2 OVERTIME

Any hours outside or in excess of the rostered hours shall be paid at the rate of time and one half for the first two hours and double time thereafter.

A loading of 20% of the above rate shall be paid for each hour of overtime worked by a casual employee; the loading shall not be cumulative on the loading prescribed in clause 2.1.

4. LEAVE

4.1           ANNUAL LEAVE

Five weeks paid annual leave shall be allowed for each year worked.  An additional week of annual leave will be paid to employees who are required to work continuous shift work.  Pro rata leave shall be paid out on termination.  This clause shall not apply to casual employees.

5. ALLOWANCES AND FACILITIES

5.1 TRAVEL AND ACCOMODATION (FLY IN/FLY OUT)

The employer shall provide for travel between Perth Airport and site, to and from the site and to and from the workplace.  The employer shall provide for the employee’s accommodation whilst at site and the meals of the employee.  This clause shall apply only to Fly in/Fly out employees

6. SAFETY

6.1           SAFETY EQUIPMENT, UNIFORMS AND NECESSARIES

The employer shall provide for all necessary safety gear, uniforms and other things necessary for the employee to fulfil his duties.

7.  DISPUTE RESOLUTION PROCEDURE

7.1  DISPUTE RESOLUTION PROCEDURE

7.1.1 Subject to the Industrial Relations Act 1979, where a question, dispute or difficulty arises under this award, or where an employee has a grievance or complaint in relation to any industrial matter covered by this Award, the employee shall first contact their supervisor to work out the problem. 

7.1.2 If the above fails, representation may then be made to the employer by the employee or a union representative.

7.1.3 In the event that, following the step described in 7.1.2, the dispute is not resolved, the dispute may be then referred to the Western Australian Industrial Relations Commission by either of the parties.

8. NAMED PARTIES TO THE AWARD

8.1.1      The parties to this award are:

The Construction, Forestry, Mining and Energy Union of Workers

Integrated Group Ltd

Skilled Rail Services Pty Ltd