WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING, AND ALLIED WORKERS UNION OF AUSTRALIA, ENGINEERING & ELECTRICAL DIV.

APPLICANT

-v-

Green E.G. & Sons Pty Ltd, Anodisers W.A., Dardanup Butchering Company

RESPONDENT

CORAM Commissioner S J Kenner

DATE WEDNESDAY, 13 DECEMBER 2006

FILE NO/S APPL 82 OF 2006

CITATION NO. 2006 WAIRC 05829

Result Award varied

Representation

Applicant Mr L Edmonds of counsel

Respondent Ms J Price as agent

Order

HAVING heard Mr L Edmonds of counsel on behalf of the applicant and Ms J Price as agent on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders –

THAT the Metal Trades (General) Award 1966 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:  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 $9.95 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 18. – Special Rates and Provisions:  Delete this clause and insert in lieu thereof the following:

(1) 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, but this provision does not apply to linesmen nor to riggers and splicers on ships and buildings.

(2) Dirt Money:  An employee shall be paid an allowance of 47 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.

(3) Grain Dust:  Where any dispute arises at a bulk grain handling installation due to the presence of grain dust in the atmosphere and the Board of Reference determines that employees employed under this Award are unduly affected by that dust, the Board may, subject to such conditions as it deems fit to impose, fix an allowance or allowances not exceeding 79 cents per hour.

(4) Confined Space:  An employee shall be paid an allowance of 56 cents per hour when, because of the dimensions of the compartment or space in which the employee is working, the employee is required to work in a stooped or otherwise cramped position, or without proper ventilation.

(5) Diesel Engine Ships:  The provisions of subclauses (2) and (4) 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 79 cents per hour whilst so engaged.

(6) Boiler Work:  An employee required to work in a boiler which has not been cooled down shall be paid at the rate of time and one-half for each hour or part of an hour so worked in addition to any allowance to which the employee may be entitled under subclauses (2) and (4) of this clause.

(7) Hot Work:  An employee shall be paid an allowance of 47 cents per hour when the employee works in the shade in any place where the temperature is raised by artificial means to between 46.1º and 54.4º Celsius.

(8) (a) Where, in the opinion of the Board of Reference, the conditions under which work is to be performed are, by reason of excessive heat, exceptionally oppressive, the Board may –

(i) Fix an allowance, or allowances, not exceeding the equivalent of half the ordinary rate;

(ii) Fix the period (including a minimum period) during which any allowance so fixed is to be paid; and

(iii) Prescribed such other conditions, relating to the provision of protective clothing or equipment and the granting of rest periods, as the Board sees fit.

(b) The provisions of paragraph (a) of this subclause do not apply unless the temperature in the shade at the place of work has been raised by artificial means beyond 54.4 degrees Celsius.

(c) An allowance fixed pursuant to paragraph (a) of this subclause includes any other allowance which would otherwise be payable under this clause.

(9) Tarring Pipes:  The provisions of subclauses (2) and (4) hereof do not apply to an employee engaged in tarring pipes in the Cast Pipe Section but the employee shall, in lieu thereof, be paid an allowance of 75 cents per day whilst so engaged.

(10) Percussion Tools:  An employee shall be paid an allowance of 27 cents per hour when working a pneumatic rivetter of the percussion type and other pneumatic tools of the percussion type.

(11) 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.

(12) Abattoirs and Tallow Rendering Works:  An employee, employed in and about an abattoir or in a rendering section of a tallow works, 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 receive any other allowance under this Clause.

(13) An employee who is employed at a timber sawmill or is sent to work at a timber sawmill shall be paid for the time there engaged a disability allowance equivalent to what the majority of the employees at the mill receive under the appropriate award.  The allowance shall be paid during overtime but shall not be subject to penalty additions.  An employee receiving this allowance is not entitled to receive any other allowance under this clause with the exception of that prescribed in subclause (1), Height Money.

(14) Phosphate Ships:  An employee shall be paid an allowance of 67 cents for each hour the employee works in the holds or 'tween decks of ships which, immediately prior to such work, have carried phosphatic rock, but this subclause only applies if and for as long as the holds and 'tween decks are not cleaned down.

(15) An employee who is sent to work on any gold mine shall be paid an allowance of such amount as will afford the employee a wage not less than they would be entitled to receive pursuant to the award which would apply if such employee was employed in the gold mine concerned.

(16) An employee who is required to work from a ladder shall be provided with an assistant on the ground where it is reasonably necessary for the employee’s safety.

(17) The work of an electrical fitter shall not be tested by an employee of a lower grade.

(18) Special Rates Not Cumulative:  Where more than one of the disabilities entitling an employee to extra rates exists on the same job, the employer shall be bound to pay only one rate, namely – the highest for the disabilities prevailing.  Provided that this subclause shall not apply to confined  space, dirt money, height money, or hot work, the rates for which are cumulative.

(19) Protective Equipment:

(a) An employer shall have available a sufficient supply of protective equipment (as, for example, goggles (including anti-flash goggles), glasses, gloves, mitts, aprons, sleeves, leggings, gumboots, ear protectors, helmets, or other efficient substitutes thereof) for use by employees when engaged on work for which some protective equipment is reasonably necessary.

(b) An employee shall sign an acknowledgement when issued with any article of protective equipment and shall return that article to the employer when finished using it or on leaving employment.

(c) An employee to whom an article of protective equipment has been issued shall not lend that article to another employee and if the employee does both employees shall be deemed guilty of wilful misconduct.

(d) An article of protective equipment which has been used by an employee shall not be issued by the employer to another employee until it has been effectively sterilised but this paragraph only applies where sterilisation of the article is practicable and is reasonably necessary.

(e) Adequate safety gear (including insulating gloves, mats and/or shields where necessary) shall be provided by employers for employees required to work on live electrical equipment.

(20) (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 spaces, and noise.

(b) The foundry allowance herein prescribed shall also apply to apprentices and unapprenticed juniors employed in foundries; provided that where an apprentice is, for a period of half a day or longer, away from the foundry for the purpose of receiving tuition, the amount of foundry allowance paid to the employee shall be decreased proportionately.

(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 composition 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-ferous die casting (including gravity and pressure);

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

(cc) Continuous casting of metal into billets;

(dd) Melting of metal for use in printing;

(ee) Refining of metal.

(21) An employee, 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 $9.10 per week in addition to the employee's ordinary rate.

(22) An electronics tradesperson, an electrician - special class, an electrical fitter and/or 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 1945, shall be paid an allowance of $18.90 per week.

3. Clause 19. – 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 the 1st day of July and end on the 30th day of 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)

 Distance Travelled Each Year Over Over 1600cc

 on Employer’s Business 2600cc 1600cc & Under

  -2600cc 

 Metropolitan Area 73.7 66.0 57.4

 South West Land Division 75.4 67.7 58.9

 North of 23.5' South Latitude 82.9 74.7 64.9

 Rest of the State 78.0 69.8 60.7

 Motor Cycle (in all areas) 25.4 ¢ per kilometre

4. Clause 21. – 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 such intention not 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 $13.75 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.

5. Clause 31. – Wages and Supplementary Payments:

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

(2) (a) Leading Hand:

  In addition to the appropriate total wage prescribed in this clause, a leading hand shall be paid per week -

   $

(i) If placed in charge of not less than three

 and not more than 10 other employees 23.90

(ii) If placed in charge of more than 10 and

 not more than 20 other employees  36.50

(iii) If placed in charge of more than 20 other

 employees  47.30

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

(a) Where an employer does not provide a tradesperson or an apprentice with 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) $13.20 per week to such tradesperson, or

(ii) In the case of an apprentice a percentage of $13.20 being the percentage which appears against the year of apprenticeship in subclause (3) of this Clause,

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

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

(8) An employee employed in rock quarries, limestone quarries or sand pits shall be paid an allowance of $21.30 per week to compensate for dust and climatic conditions when working in the open and for deficiencies in general amenities and facilities but an employee so employed for no more than three days in a week shall be paid on a pro rata basis.

 This subclause shall not apply to employees employed by Cockburn Cement Limited.

PART II – CONSTRUCTION WORK

7. Clause 5. – Special Rates and Provisions:

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

(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 $731.25.

 B. Delete subclause (4) of this clause and insert in lieu thereof the following:

(4) An Electronics Tradesperson, an Electrician - Special Class, an Electrical Fitter and/or 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 1945, shall be paid an allowance of $18.90 per week. (rate from 11/4/90). 

8. 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 - $15.25 per day.

(b) For each additional kilometre to a radius of 60 kilometres from the General Post Office, Perth – 81 cents per kilmetre.

(c) Subject to the provisions of paragraph (d) hereof, 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 81 cents per kilometre shall be paid for each kilometre in excess of the 60 kilometre radius.

9. Clause 7. – Distant Work:  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 $31.20 for any weekend that the employee returns home from the job, but only if -

(a) The employee advises their employer or the employer's agent of their intention not later than the Tuesday immediately preceding the weekend in which he/she 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 $13.75 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.

10. Clause 10. – Wages:  Delete subclauses (4), (5) and (6) of this clause and insert in lieu thereof the following:

(4) Construction Allowances

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

(i) $42.30 per week if the employee is engaged on the construction of a large industrial undertaking or any large civil engineering project.

(ii) $38.10 per week if the employee is 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 such employee is required to work.  A multi-storeyed building is a building which, when completed, will consist of at least five storeys.

(iii) $22.30 per week if the employee is 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.

(5) Leading Hands

 In addition to the appropriate total wage prescribed in this clause a Leading Hand shall be paid –

   $

(a) If placed in charge of not less than three

 and not more than 10 other employees 23.90

(b) If placed in charge of more than 10 and

 not more than 20 other employees 36.50

(c) If placed in charge of more than 20 other

 employees 47.30

(6) (a) Where an employer does not provide a tradesperson or an apprentice with 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) $13.20 per week to such tradesperson; 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 (4) of Clause 31. - Wages and Supplementary Payments of PART I - GENERAL (subject to Clause 13. - Apprentices in PART II) of this award,

 for the purpose of such tradesperson or apprentice supplying and maintaining tools ordinarily required in the performance of their work as a tradesperson 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 tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments.

(d) A tradesperson or an apprentice shall replace or pay for any tools supplied by their employer if lost through their negligence.

11. Clause 15. – Special Provisions – Western Power Corporation:  Delete this clause and insert in lieu thereof the following:

(1) This clause shall apply to any employee otherwise covered by this Part of the award who is engaged on work being carried out for the western Power Corporation at Kwinana or Muja.

(2) In addition to the wage otherwise payable to an employee pursuant to the provisions of Part II - Construction Work of this award, an employee (other than an apprentice) shall be paid -

(a) $1.88 per hour for each hour worked if employed at Muja; (rate from 21.8.91)

(b) $1.12 per hour for each hour worked if employed at Kwinana; (rate from 21.8.91)

(c) A safety footwear allowance of ten cents per hour for each hour worked to compensate for the requirement to wear approved safety footwear which is to be maintained in sound condition by the employee.  Failure to wear approved safety footwear or to maintain it in sound condition as determined by the employer shall render the employee liable to dismissal.

(3) (a) An employee, to whom Clause 6. - Allowance for Travelling and Employment in Construction Work of this PART applies and who is engaged on construction work at Muja, shall be paid -

(i) An allowance of $15.25 per day if the employee resides within a radius of 50 kilometres from the Muja power station;

(ii) An allowance of $40.25 per day if the employee resides outside that radius.

 in lieu of the allowance prescribed in the said clause.

(b) Where transport to and from the job is supplied by the employer from and to a place mutually agreed upon between the employer and the employee half the above rates shall be paid provided that the conveyance used for such transport is equipped with suitable seating and weather proof covering.

(4) In addition to the allowance payable pursuant to subclause (6) of Clause 7. - Distant Work of this PART, an employee to whom that clause applies shall be paid $30.00 on each occasion upon which the employee returns home at the weekend, but only if -

(a) The employee has completed three months' continuous service with the employer;

(b) The employee is not required for work during the weekend;

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

(d) The employer does not provide, or offer to provide, suitable transport;

 and such payment shall be deemed to compensate for a periodical return home at the employer's expense.

(5) An employee to whom Clause 7. - Distant Work of this PART applies and who proceeds to construction work at Muja from home where located within a radius of 50 kilometres from the General Post Office, Perth -

(a) Shall be paid an amount of $70.65 and for three hours at ordinary rates in lieu of expenses and payment prescribed in subclause (3) of the said clause; and

(b) In lieu of the provisions of subclause (4) of the said clause, shall be paid $70.65 and for three hours at ordinary rates when the employee's services terminate, if the employee has completed three months' continuous service;

 and the provisions of subclause (3) and subclause (4) of Clause 7. - Distant Work of this PART shall not apply to such employee.

(6) (a) An employee, to whom the provisions of Clause 7. - Distant Work of Part II - Construction Work of this Award apply, who works at Muja and who elects not to live in Construction Camp Accommodation shall, subject to paragraph (b) of this subclause, be paid a living-out allowance at the rate of (as per National Building & Construction Industry Award 2000) per week to meet the expenses reasonably incurred by the employee for board and lodging.

(b) (i) The allowance prescribed in paragraph (a) shall only apply to an employee while the employee continues to live with their partner/spouse (including de facto) in accommodation provided by the employer.

(ii) The accommodation shall be of a reasonable standard.

(iii) The employee shall continue to maintain the original residence.

(v) The employee shall satisfy the employer, upon request, that the circumstances meet the requirements of this subclause.

(vi) Any dispute as to the application of this clause shall be subject to discussion between the employer and the Union and, failing agreement, shall be referred to a Board of Reference for determination

(c) Provided that the provisions of subclause (6) of Clause 7. - Distant Work of PART II of this Award shall not apply.