2006 WAIRC 05709
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING, AND ALLIED WORKERS UNION OF AUSTRALIA, ENGINEERING & ELECTRICAL DIV.
APPLICANT
-V-
ACTION ELECTRONICS PTY LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S J KENNER
DATE THURSDAY, 2 NOVEMBER 2006
FILE NO APPL 87 OF 2006
CITATION NO. 2006 WAIRC 05709

Result Vary award
Representation
APPLICANT MR L EDMONDS OF COUNSEL

RESPONDENT NO APPEARANCE


Order
HAVING heard Mr L Edmonds of counsel on behalf of the applicant and there being no appearance on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders –
THAT the Electronics Industry Award No. A22 of 1985 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 9. – Overtime: Delete subclause (3)(f) of this clause and insert in lieu thereof the following:

(f) Subject to the provisions of paragraph (g) of this subclause, an employee required to work overtime for more than two hours shall be supplied with a meal by the employer or be paid $10.00 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with each such meal by the employer or be paid $6.75 for each meal so required.


2. Clause 13. – Car Allowance: 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 1 July and end on 30 June next following.

RATES OF HIRE FOR USE OF EMPLOYEE'S OWN VEHICLE
ON EMPLOYER'S BUSINESS

MOTOR CAR

AREA AND DETAILS
ENGINE DISPLACEMENT

(IN CUBIC CENTIMETRES)




Rate per kilometre (cents)
Over
1600cc
1600cc

2600cc
-2600cc
& Under




Metropolitan Area
73.9
66.0
57.4
South West Land Division
75.5
67.5
58.9
North of 23.5o South Latitude
82.9
74.6
65.0
Rest of the State
77.8
69.9
60.6


MOTOR CYCLE (IN ALL AREAS)
25.2 cents per kilometre


3. Clause 15. – Distant Work: Delete subclauses (4) and (5) of this clause and insert in lieu thereof the following:

(4) An employee, to whom the provisions of subclause (1) of this Clause apply, shall be paid an allowance of $31.20 for any weekend that the employee returns home from the job, but only if -

(a) The employee advises the employer or the employer's agent of the employee's intention no later than Tuesday immediately preceding the weekend in which the employee so returns;

(b) The employee 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, suitable transport.

(5) Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job the employee shall be provided with suitable transport to and from that job or be paid an allowance of $13.65 per day, provided that where the time actually spent in travelling either to or from the job exceeds 20 minutes, that excess time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.


4. Clause 20. – Special Provisions:

A. Delete subclauses (1) - (4) of this clause and insert in lieu thereof the following:

(1) Dirt Money: An employee shall be paid an allowance of 46 cents per hour when engaged on work of an unusually dirty nature where clothes are necessarily unduly soiled or damaged or boots are unduly damaged by the nature of the work done.

(2) Confined Space: An employee shall be paid an allowance of 57 cents per hour when, because of the dimensions of the compartment or space in which they are working, the employee is required to work in a stooped or otherwise cramped position or without proper ventilation.

(3) Hot Work: An employee shall be paid an allowance of 46 cents per hour when working in the shade in any place where the temperature is raised by artificial means to be between 46.1 and 54.4 degrees celsius.

(4) Height Money: An employee shall be paid an allowance of $2.20 for each day on which the employee works at a height of 15.5 metres or more above the nearest horizontal plane.

B. Delete subclauses (6) - (8) of this clause and insert in lieu thereof the following:

(6) Diesel Engine Ships: The provisions of subclauses (1) and (2) hereof do not apply to an employee when the employee is engaged on work below the floor plates in diesel engine ships, but the employee shall be paid an allowance of 77 cents per hour whilst so engaged.

(7) Percussion Tools: An employee shall be paid an allowance of 29 cents per hour when working pneumatic riveter of the percussion type and other pneumatic tools of the percussion type.

(8) Chemical, Artificial Manure and Cement Works: An employee, other than a general labourer, in chemical, artificial manure and cement works, in respect of all work done in and around the plant outside the machine shop, shall be paid an allowance calculated at the rate of $11.60 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.

C. Delete subclause (14) of this clause and insert in lieu thereof the following:

(14) An employee holding either a Third Year First Aid Medallion of the St. John Ambulance Association of 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.

5. Clause 33. – Wages:

A. Delete subclause (2) of this clause and insert in lieu thereof the following:

(2) Leading Hands:

In addition to the appropriate rate of wage prescribed in subclause (1) of this clause a leading hand shall be paid:

(a)
If placed in charge of not less than three and not more than ten other employees
$23.10
(b)
If placed in charge of more than ten but not more than twenty other employees
$36.20
(c)
If placed in charge of more than twenty other employees
$46.80

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

(5) Tool Allowance

(a) Where an employer does not provide a technician, serviceperson, installer or an apprentice with the tools ordinarily required by that person in the performance of work as a technician, serviceperson, installer or an apprentice the employer shall pay a tool allowance of -

(i) $13.20 per week to such technician, serviceperson, installer; or

(ii) In the case of an apprentice a percentage of $13.20 being the percentage which appears against their year of apprenticeship in subclause (3) of this clause for the purpose of such technician, serviceperson, installer or apprentice applying and maintaining tools ordinarily required in the performance of work as a technician, serviceperson, installer or apprentice.

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

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

(d) A technician, serviceperson, installer or apprentice shall replace or pay for any tools supplied by the employer if lost through his negligence.


PART II – CONSTRUCTION

6. Clause 5. – Special Rates and Provisions: Delete subclause (2) of this clause and insert in lieu thereof the following:

(2) (a) The employer shall, where practicable, provide a waterproof and secure place on each job for the safekeeping of a employee's tools when not in use and an employee's working clothes and where an employee is absent from work because of illness or accident and has advised the employer to that effect in accordance with the provisions of Clause 11. - Sick Leave of PART I - GENERAL of this award the employer shall ensure that the employee's tools and working clothes are securely stored during their absence.

(b) Subject to paragraph (c) hereof where the employee's tools or working clothes are lost by fire or breaking and entering whilst securely stored in the place provided by the employer under paragraph (a) hereof the employer shall reimburse the employee for that loss but only up to a maximum of $280.15.

(c) The provisions of paragraph (b) hereof shall only apply with respect to tools and working clothes used by an employee in the course of their employment as set out in a list furnished to the employer at least twenty four hours before being lost by fire or theft and if the employee has reported any theft to the police.


7. Clause 6. – Allowance for Travelling and Employment in Construction Work:: Delete subclause (1)(a), (b) and (c) of this clause and insert in lieu thereof the following:

(a) On places within a radius of 50 kilometres from the General Post Office, Perth - $14.90 per day.

(b) For each additional kilometre to a radius of 60 kilometres from the General Post Office, Perth - 76 cents per kilometre.

(c) Subject to the provisions of paragraph (d), work performed at places beyond a 60 kilometre radius from the General Post Office, Perth shall be deemed to be distant work unless the employer and the employees, 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 76 cents per kilometre shall be paid for each kilometre in excess of the 60 kilometre radius.

8. Clause 7. – Distant Work::

A. Delete the number and title of this clause and insert in lieu thereof the following:

7. - DISTANT WORK

B. 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 $30.40 for any weekend that the employee returns home from the job, but only if -

(a) The employee advises the employer or the employee's agent of the employee's intention not later than the Tuesday immediately preceding the weekend in which the employee so returns;

(b) The employee 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, suitable transport.

(7) Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job the employee shall be provided with suitable transport to and from the job or be paid an allowance of $13.40 per day, provided that where the time actually spent in travelling either to or from the job exceeds 20 minutes, that excess time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.


9. Clause 10. – Wages:: Delete subclauses (5), (6) and (7) of this clause and insert in lieu thereof the following:

(5) Construction Allowances:

(a) In addition to the appropriate rates of pay prescribed in this clause an employee shall be paid -

(i) $42.00 per week if engaged on the construction of a large industrial undertaking or any large civil engineering projects.

(ii) $38.00 per week if engaged on a multi-storeyed building, but only until the exterior walls have been erected and the windows completed and a lift made available to carry the employee between the ground floor and the floor upon which the employee is required to work. A multi-storeyed building is a building which, when completed, will consist of at least five storeys.

(iii) $22.20 per week if engaged otherwise on construction work falling within the definition of construction work in Clause 5. - Definitions of PART I - GENERAL of this award.

(b) Any dispute as to which of the aforesaid allowances apply to particular work shall be determined by the Board of Reference.

(6) Leading Hand:

In addition to the appropriate rate of wage prescribed in subclause (1) of this clause a leading hand shall be paid:

(a)
If placed in charge of not less than three and not more than ten other employees
$23.80
(b)
If placed in charge of more than ten but not more than twenty other employees
$36.20
(c)
If placed in charge of more than twenty other employees
$46.80

(7) (a) Where an employer does not provide a Technician, Serviceperson, Installer or Apprentice with the tools ordinarily required by that Serviceperson, Technician or Installer in the performance of work as a Technician, Installer or Apprentice the employer shall pay a tool allowance of -

(i) $13.20 per week to such Technician, Serviceperson or Installer, or

(ii) In the case of an apprentice a percentage of $13.20 being the percentage referred to in subclause (3) of Clause 33. - Wages of PART I - GENERAL of this award,

for the purpose of such Technician, Serviceperson, Installer or Apprentice supplying and maintaining tools ordinarily required in the performance of work as a Technician, Serviceperson, Installer or Apprentice.

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

(c) An employer shall provide for the use of Technicians, Servicepersons, Installers and Apprentices all necessary power tools, special purpose tools and precision measuring instruments.

(d) A Technician, Serviceperson, Installer or Apprentice shall replace or pay for any tools supplied by the employer if lost through that person's negligence.