2006 WAIRC 05705
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING, AND ALLIED WORKERS UNION OF AUSTRALIA, ENGINEERING & ELECTRICAL DIV.
APPLICANT
-V-
THE MINISTER FOR WORKS AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S J KENNER
DATE THURSDAY, 2 NOVEMBER 2006
FILE NO APPL 84 OF 2006
CITATION NO. 2006 WAIRC 05705

Result Award Varied
Representation
APPLICANT MR L EDMONDS OF COUNSEL

RESPONDENT MS Z GILLAM AS AGENT


Order
HAVING heard Mr L Edmonds of counsel on behalf of the applicant and Ms Z Gillam as agent on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders –
THAT the Engineering Trades (Government) Award 1967 Award Nos 29, 30 and 31 of 1961 and 3 of 1962 be varied in accordance with the following schedule and that such variation shall have effect on and from the date of this order.


COMMISSIONER S J KENNER



SCHEDULE

1. Clause 14. – Overtime:

A. Delete subclause (3)(e) of this clause and insert in lieu thereof the following:

(e) Subject to the provisions of paragraph (f) of this subclause, an employee required to work overtime for more than one hour shall be supplied with a meal by the employer or be paid $9.70 for a meal if, owing to the amount of overtime worked, a second or subsequent meal is required, he/she shall be supplied with each such meal by the employer or be paid $6.80 for each meal so required

B. Delete subclause (3)(h) of this clause and insert in lieu thereof the following:

(h) An employee required to work continuously from 12 midnight to 6.30 a.m. and ordered back to work at 8.00 a.m. the same day shall be paid $4.55 for breakfast.


2. Clause 17. – Special Rates and Provisions:

A. Delete subclauses (1) – (5) of this clause and insert in lieu thereof the following:

(1) Height Money: An employee shall be paid an allowance of $2.15 for each day in which they work at a height of 15.5 metres or more above the nearest horizontal plane, but this provision does not apply to linespersons nor to riggers and splicers in ships or buildings.

(2) Dirt Money: Dirt Money of 45 cents per hour shall be paid as follows:-

(a) To employees employed on hot or dirty locomotives, or stripping locomotives, boilers, steam, petrol, diesel or electric cranes, or when repairing Babcock and Wilcox or other stationary boiler in s ite (except repairs on bench to steam and water mounting), or when repairing the conveyor gear in conduit of power houses and when repairing or overhauling electric or steam pile-driving machines and boring plants.

(b) Bitumen Sprayers - Large Units:

(i) To employees whilst engaged on work appertaining to the spraying of bitumen but exclusive of the standard chassis engine form the front end of the main tank to the back end of the plant. Provided that work on the compressor and its engines shall not be subject to dirt money.

(ii) To motor mechanics in the motor section for all work performed on the standard chassis from and including the sump to the rear end of the chassis, but excluding the engine and parts forward thereto unless the work is of a specially dirty nature, where clothes are necessarily unduly soiled or damaged by the nature of the work done. Provided that to employees engaged as above on sprays of the Bristow type, dirt money of 50 cents per hour shall be paid.

(c) Bitumen Sprayers - Small Units:

(i) To employees for work done on main tank, its fittings, pump and spray arms.

(ii) To motor mechanics on work from and including the sump to the rear end of the chassis, but excluding the engine and parts forward thereto unless the work is of a specially dirty nature where clothes are necessarily unduly soiled or damaged by the nature of the work done.

(d) To employees on all other dirty tar sprays and kettles.

(e) Diesel Engines: Work on engines, or on gear box attached to engines, but excluding work on rollers (wheels) on which a diesel powered roller travels.

(f) Dirt Money shall only be paid during the stages of dismantling and cleaning and shall not cover employees who receive portions of the work after cleaning has taken place.

(g) Notwithstanding anything contained in the foregoing provisions, dirt money shall not be paid unless the work is of an exceptionally dirty nature where clothes are necessarily unduly soiled of damaged by the nature of the work done.

(3) Confined Space:

56 cents per hour extra shall be paid to an employee working in any place, the dimensions of which necessitate the employee working in an unusually stooped or otherwise cramped position, or where confinement within a limited space is productive of unusual discomfort.

(4) Any employee actually working a pneumatic tool of the percussion type shall be paid 28 cents per hour extra whilst so engaged.

(5) Hot Work: An employee shall be paid an allowance of 45 cents per hour while working in the shade in any place where the temperature is raised by artificial means to between 46.1 and 54.4 degrees Celsius.

B. Delete subclauses (8) – (16) of this clause and insert in lieu thereof the following:

(8) Any employee working in water over his/her boots or, if gumboots are supplied, over the gumboots, shall be paid and allowance of $1.30 per day.

(9) Employees using Anderson-Kerrick steam cleaning un its or unit of a similar type on cranes or other machinery shall be paid an allowance of 45 cents.

(10) Well Work: Any employee required to enter a well nine metres or more in depth for the purpose in the first instance of examining the pump, or any other work connected therewith, shall receive an amount of $2.70 for such examination and 96 cents per hour extra thereafter for fixing, renewing or repairing such work.

(11) Ship Repair Work: Any employee engaged in repair work on board ships shall be paid an additional $4.80 per day for each day on which so employed.

(12) An employee shall, whilst working in double bottom tanks on board vessels, be paid an allowance of $1.87 per hour.

(13) An employee shall, whilst using explosive powered tools, be paid an allowance of 16 cents per hour, with a minimum payment of $1.15 per day.

(14) Abattoirs -

An employee employed in and about an abattoir shall be paid an allowance calculated at the rate of $15.30 per week. The allowance shall be paid during overtime but shall not be subject to penalty additions. An employee receiving this allowance is not entitled to any other allowance under this clause. The allowance prescribed herein may be reduced to $14.10 with respect to any employee who is supplied with overalls by the employer.

(15) Employees engaged to iron ore and manganese or loading equipment at the Geraldton Harbour shall be paid an allowance of 47 cents per hour, with a minimum payment for four hours.

(16) Morgues -

An employee required to work in a morgue shall be paid 47 cents per hour or part thereof, in addition to the rates prescribed in this clause.

C. Delete subclause (19) of this clause and insert in lieu thereof the following:

(19) An employee required to repair or maintain incinerates shall be paid $2.85 per unit.

D. Delete subclauses (21) – (24) of this clause and insert in lieu thereof the following:

(21) (a) Subject to the provisions of this clause, an employee whilst employed on foundry work shall be paid a disability allowance of 33 cents for each hour worked to compensate for all disagreeable features associated with foundry work, including heat, fumes, atmospheric conditions, sparks, dampness, confined space and noise.

(b) The foundry allowance herein prescribed shall be in lieu of any payment otherwise due under this clause and does not in any way limit an employer's obligations to comply with all relevant requirements of Acts and Regulations relative to conditions in foundries.

(c) The foundry allowance herein prescribed shall be in lieu of any payment otherwise due under this clause and does not in any way limit an employer's obligations to comply with all relevant requirements of Acts and Regulations relative to conditions in foundries.

(d) For the purpose of this subclause foundry work shall mean:

(i) Any operation in the production of castings by casting metal in moulds made of sand, loam, metal moulding compos ition or other material or mixture of materials, or by shell moulding, centrifugal casting or continuous casting; and

(ii) Where carried on as an incidental process in connection with and in the course of production to which paragraph (i) of this definition applies, the preparation of moulds and cores (but not in the making of patterns and dies in a separate room), knock-out processes and dressing operations, but shall not include any operation performed in connection with:

(aa) Non-ferrous die casting (including grav ity and pressure);

(bb) Casting of billets and/or ingots in metal mould;

(cc) Continuous casting of metal into billets;

(dd) Melting of metal for use in printing;

(ee) Refining of metal.

(22) An electronics tradesperson, an electrician - special class, an electrical fitter and/or an armature winder or an electrical installer who holds and in the course of employment may be required to use a current "A" grade or "B" grade licence issued pursuant to the relevant regulation in force on the 28th day of February, 1978 under the Electricity Act, 1948 shall be paid an allowance of $18.60 per week.

(23) Where an employee is engaged in a process involving asbestos and is required to wear protective equipment, i.e: respiratory protection in the form of a high efficiency class H particulate respirator and/or special clothing, a disability allowance of 60 cents per hour shall be paid for each hour or part thereof that such employee is so engaged.

(24) Towing Allowance: A Level 1, 2 or 3 Tradesperson who drives a tow truck towing an articulated bus in traffic shall be paid an allowance of $4.23 per shift when such duties are performed. This allowance shall be payable irrespective of the time such work is performed and is not subject to any premium of penalty additions.

E. Delete subclauses (26) – (29) of this clause and insert in lieu thereof the following:

(26) First Aid Allowance: A worker, holding either a Third Year First Aid Medallion of the St John Ambulance Association or a "C" Standard Senior First Aid Certificate of the Australian Red Cross Society, appointed by the employer to perform first aid duties, shall be paid $9.00 per week in addition to their ordinary rate.

(27) Polychlorinated Biphenyls

Employees required to remove or handle equipment or fittings containing polychlorinated biphenyls (PCBs) for which protective clothing must be worn shall, in addition to the rates and provisions contained in this Clause, be paid an allowances of $1.87 per hour whilst so engaged.

(28) Nominee Allowance:

A licensed electrical fitter or installer who acts as a nominee for the employer shall be paid an allowance of $16.20 per week.

(29) Hospital Environment Allowance:

Notwithstanding the provisions of this clause, the following allowances shall be paid to maintenance employees employed at hospitals listed hereunder:

(a) (i) $13.00 per week for work performed in a hosp ital environment; and

(ii) $4.40 per week for disabilities associated with work performed in difficult access areas, tunnel complexes, and areas with great temperature variation at -

Princess Margaret Hospital
King Edward Memorial Hospital
Sir Charles Gairdner Hospital
Royal Perth Hospital
Fremantle Hospital

(b) $9.40 per week for work performed in a hosp ital environment at -

Kalgoorlie Hospital
Osborne Park Hospital
Albany Hospital
Bunbury Hospital
Geraldton Hospital
Mt. Henry Hospital
Northam Hospital
Swan Districts Hospital
Perth Dental Hospital

(c) $6.30 per week for work performed in a hospital environment at -

Bentley Hospital
Derby Hospital
Narrogin Hospital
PortHedland Hospital
Rockingham Hospital
Sunset Hospital
Armadale Hospital
Broome Hospital
Busselton Hospital
Carnarvon Hospital
Collie Hospital
Esperance Hospital
Katanning Hospital
Merredin Hospital
Murray Hospital
Warren Hospital
Wyndham Hospital



3. Clause 18. – Car Allowance:

A. Delete subclause (3) of this clause and insert in lieu thereof the following:

(3) A year, for the purpose of this clause, shall commence on the 1st day of July and end on the 30th day of June next following:

RATES OF HIRE FOR USE OF EMPLOYEE'S OWN VEHICLEON EMPLOYER'S BUSINESS
MOTOR CAR


AREA AND DETAILS
ENGINE DISPLACEMENT (IN CUBIC CENTIMETRES)



DISTANCE TRAVELLED EACH
Over
Over 1600cc
1600cc
YEAR ON OFFICIAL BUSINESS
2600cc
-2600cc
& Under
Rate per Kilometre (Cents)



Metropol itan Area
69.0
58.9
48.9
South West Land Division
71.5
61.1
51.0
North of 23.5º South Latitude
78.7
67.3
56.4
Rest of the State
73.7
62.9
52.4
Motor Cycle (In All Areas)
23.9 cents per kilometre

B. Delete subclause (5) of this clause and insert in lieu thereof the following:

(5) The allowances prescribed in this clause shall be varied in accordance with any movement in the allowances in the Public Service Award 1992.


4. Clause 19. – Fares and Travelling Allowance: Delete subclause (1)(a), (b) and (c) of this clause and insert in lieu thereof the following:

(a) On places within a radius of fifty kilometres from the General Post Office, Perth - $15.60 per day;

(b) For each additional kilometre to a radius of sixty kilometres from the General Post Office, Perth - 82 cents per kilometre;

(c) Subject to the provisions of paragraph (d) work performed at places beyond a sixty kilometre radius from the General Post Office, Perth shall be deemed to be distant work unless the employer and the employee with the consent of the Union, agree in any particular case that the travelling allowance for such work shall be paid under this clause in which case an additional allowance of 82 cents per kilometre shall be paid for each kilometre in excess of the sixty kilometre radius.


5. Clause 20. – Distant Work - Construction: Delete subclauses (6) and (7) of this clause and insert in lieu thereof the following:

(6) An employee to whom the provisions of subclause (1) of this clause apply shall be paid an allowance of $32.10 and for any weekend that he/she returns to his home from the job but only if -

(a) The employer or his/her agent is advised of the intention no later than the Tuesday immediately preceding the weekend in which the employee so returns;

(b) He/she is not required for work during that weekend;

(c) The employee returns to the job on the first working day following the weekend; and

(d) The employer does not provide or offer to provide su itable transport.

(7) Where an employee supplied with board and lodging by the employer, is required to live more than eight hundred metres from the job, he/she shall be provided with suitable transport to and from that job or be paid an allowance of $14.05 per day provided that where the time actually spent in travelling either to or from the job exceeds 20 minutes, that excess travelling time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.


6. Clause 21. – District Allowances: Delete subclause (6) of this clause and insert in lieu thereof the following:

(6) The weekly rate of District Allowance payable to employees pursuant to subclause (3) of this clause shall be as follows:





COLUMN I
COLUMN II
COLUMN III
COLUMN IV
DISTRICT
STANDARD RATE
EXCEPTIONS TO
RATE


STANDARD RATE


$ Per Week
Town Or Place
$ Per Week




6
72.60
Nil
Nil
5
59.40
Fitzroy Crossing
80.00


Halls Creek



Turner River Camp



Nullagine



Liveringa (Camballin)
74.60


Marble Bar



Wittenoom



Karratha
70.20


Port Hedland
65.10
4
30.10
Warburton Mission
80.60


Carnarvon
28.10
3
19.00
Meekatharra
30.10


Mount Magnet



Wiluna



Laverton



Leonora



Cue

2
13.50
Kalgoorlie
4.50


Boulder



Ravensthorpe
17.80


Norseman



Salmon Gums



Marvel Loch



Esperance

1
Nil
Nil
Nil

Note: In accordance with subclause (4) of this clause employees with dependants shall be entitled to double the rate of district allowance shown.


7. First Schedule - Wages:

A. Delete subclause (5) of this schedule and insert in lieu thereof the following:

(5) (a) In addition to the rates contained in subclauses (2) and (3) hereof, employees designated in classifications C 14 to C 7 inclusive shall receive an all purpose industry allowance of $14.60.

(b) This allowance shall be paid in two instalments, as follows:

(i) $7.30 of the allowance shall be paid after the first 12 months of Government service; and

(ii) the remaining $7.30 - totalling $14.60 - shall be paid on completion of 24 months of Government service.

(c) The industry allowance shall be adjusted in accordance w ith any movements to the wage prescribed in subclause (2) hereof, as follows:

(i) The increase shall apply to the 'plus 24 months of service' rate;

(ii) The increase is to be rounded to the nearest ten cents;

(iii) The rate is to be divided by two to calculate instalments in accordance with subparagraphs (i) and (ii) of paragraph (b) hereof, provided that the instalment rates are not expressed in less than ten cents amounts; and

(iv) In the event of such an equal division of the industry allowance not resulting in the rates being expressed in less than ten cent amounts, as provided in subparagraph (iii) hereof, the division shall be unequal and weighted to the 12 months' service instalment.

B. Delete subclause (8) of this schedule and insert in lieu thereof the following:

(8) (a) Leading Hands

A tradesperson placed in charge of three or more other employees shall, in add ition to the ordinary rate, be paid per week:


$
If placed in charge of not less than three and not more than ten other employees
23.50


If placed in charge of more than ten and not more than twenty other employees
35.80


If placed in charge of more than twenty other employees
46.00

(b) Any tradesperson moulder employed in a foundry where no other jobbing moulder is employed shall be paid at the rate prescribed for leading hands in charge of not less than three and not more than ten other employees.

(c) A Certificated Rigger or Scaffolder on ships and buildings, other than a Leading Hand, who, in compliance w ith the provisions of the Occupational Health, Safety and Welfare Act and Regulations 1988, is responsible for the supervision of not less than three other employees, shall be deemed to be a Leading Hand and be paid at the rate prescribed for a Leading Hand in charge of not less than three and not more than ten other employees.

(d) In addition to any rates to which an employee may be entitled under this clause a Mechanic-in-Charge, employed by the Department of Conservation and Land Management in the following towns, shall be paid per week -


$
Manjimup, Collie
57.50


Harvey, Dwellingup, Mundaring, Yanchep
28.70


Ludlow, Nannup, Margaret River, Kirup, Walpole, Pemberton
14.40


Jarrahdale
14.40

C. Delete subclauses (10 – (12) of this schedule and insert in lieu thereof the following:

(10) Construction Allowance

(a) In addition to the appropriate rate of pay prescribed in subclause (1) hereof, an employee shall be paid -

(i) $41.20 per week if engaged on the construction of a large industrial undertaking or any large civil engineering project;

(ii) $37.10 per week if engaged on a multi-storeyed building but only until the exterior walls have been erected, the windows completed and a lift made available to carry the employee between the ground floor and the floor upon which he/she is required to work. A "multi-storeyed building" is a building which, when completed will consist of at least five storeys.

(iii) $21.90 per week if engaged otherwise on construction work falling within the definition of construction work in Clause 5. - Classification Structure and Definitions of this Award.

(b) Any dispute as to which of the aforesaid allowances applies to particular work shall be determined by the Western Australian Industrial Relations Commission.

(c) Any allowance paid under this subclause includes any allowance otherwise payable under Clause 17. - Special Rates and Provisions of this Award.

(11) Tool Allowance

(a) Where an employer does not provide a tradesperson or an apprentice w ith the tools ordinarily required by that tradesperson or apprentice in the performance of work as a tradesperson or as an apprentice, the employer shall pay a tool allowance of -

(i) $13.00 per week to such tradesperson; or

(ii) In the case of an apprentice a percentage which appears against the relevant year of apprenticeship in of this Schedule,

for the purpose of such tradesperson or apprentice supplying and maintaining tools ordinarily required in the performance of work as a tradesperson or as an apprentice.

(b) Any tool allowance paid pursuant to paragraph (a) hereof shall be included in, and form part of, the ordinary weekly wage prescribed in this Schedule.

(c) An employer shall provide, for the use of tradespersons or apprentices, all necessary power tools, special purpose tools and precision measuring instruments.

(d) A tradesperson or apprentice shall replace or pay for any tools supplied by the employer, if lost through the negligence of such employee.

(12) Drilling Allowance

A driller using a Herbert two-spindle sensitive machine to drill to a marked circumference shall be paid an additional $2.16 per hour whilst so engaged.


8. Fifth Schedule – Building Management Authority Wages and Conditions:

A. Delete subclause (5)(c), (d) and (e) of this schedule and insert in lieu thereof the following:

(c) In addition to the wage rates provided in paragraph (a) hereof, electricians employed by the Building Management Authority will receive an all purpose payment of $24.50 per week.

(d) In addition to the wage rates prescribed in paragraph (a) hereof, by agreement between the employer, the employee and the Union, evidenced in writing, a Mechanical Fitter and a Refrigeration Mechanic may receive 25% loading in lieu of overtime payments.

(e) Leading hand electricians who are required to perform duties over and above those normally required of leading hands shall be paid an all purpose allowance of $33.00 per week in addition to the relevant leading hand rate prescribed in subclause (8) of the First Schedule - Wages of this Award.

B. Delete subclause (7) of this schedule and insert in lieu thereof the following:

(7) Computing Quantities:

An employee, other than a leading hand, who is required to compute or estimate quantities of materials in respect of work performed by others, shall be paid $3.50 per day, or part thereof, in addition to the rates otherwise prescribed in this award.