WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

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

APPLICANT

-v-

Electrical Contractors Association of Western Australia (Union of Employers), Electrical Group Training Ltd, Dominic Riggio

RESPONDENT

CORAM Commissioner S J Kenner

DATE Tuesday, 21 August 2007

FILE NO/S APPL 55 OF 2007

CITATION NO. 2007 WAIRC 01016

Result Award varied

Representation

Applicant Mr L Edmonds of counsel

Respondent Mr C Martin

Order

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

THAT the Electrical Contracting Industry Award R22 of 1978 be varied in accordance with the following schedule and that such variation shall have effect from the first pay period on or after the date of this order.

Commissioner S J Kenner

SCHEDULE

1. Clause 12. – Overtime:  Delete paragraph (e) of subclause (2) of this clause and insert in lieu thereof the following:

(e) (i) An employee required to work overtime for more than two hours without being notified on the previous day or earlier that they will be so required to work overtime shall be supplied with a meal by the employer or be paid $10.65 for such meal and for a second or subsequent meal if so required.

(ii) No such payments shall be made to any employee living in the same locality as their place of work who can reasonably return home for such meals.

(iii) If an employee to whom subparagraph (i) of paragraph (e) of subclause (2) hereof applies has, as a consequence of the notice referred to in that paragraph, provided themselves with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, they shall be paid for each meal provided and not required, $10.65.

2. Clause 18. – Special Rates and Provisions:

 A. Delete subclauses (1), (2), (3), (4) and (5) of this clause and insert in lieu thereof the following:

(1) Height Money:  An employee shall be paid an allowance of $2.25 for each day on 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.

(2) 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.

(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 78 cents per hour.

(4) Confined Space:  An employee shall be paid an allowance of 55 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.

(5) Diesel Engine Ships:  The provisions of subclauses (2) and (4) of this Clause do not apply to an employee when they are engaged on work below the floor plates in diesel engine ships, but the employee shall be paid an allowance of 78 cents per hour whilst so engaged.

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

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

 C. Delete subclauses (9), (10), (11) and (12) of this clause and insert in lieu thereof the following:

(9) Percussion Tools:  An employee shall be paid an allowance of 28 cents per hour when working a pneumatic riveter of the percussion type and other pneumatic tools of the percussion type.

(10) Chemical, Artificial Manure and Cement Works:  An employee other than a general labourer, in chemical, artificial manure and cement works shall, in respect of all work done in and around the plant outside the machine shop, be paid an allowance calculated at the rate of $11.50 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.

(11) Abattoirs:  An employee employed in and about an abattoir shall be paid an allowance calculated at the rate of $15.20 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) Phosphate Ships:  An employee shall be paid an allowance of 68 cents for each hour they work in the holds '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.

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

(19) 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 their ordinary rate.

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

(21) Nominee: A licensed electrical installer or fitter who acts as a nominee for an electrical contractor shall be paid an allowance of $56.60 per week.

3. Clause 27. – Grievance Procedure and Special Allowance:  Delete subclause (3) of this clause and insert in lieu thereof the following:

(3) (a) Subject to paragraph (e) of this subclause, a special allowance of $28.10 per week shall be paid as a flat amount each week except where direct action takes place.

(b) Provided that a general combined union meeting called by the Unions W.A., or any absence declared by the Commission under Section 44 as being an authorised absence, shall not be regarded as non-adherence to the disputes procedure Clause or affect the payment of this allowance.

(c) In the event of the need for a meeting not covered by the circumstances outlined by the above, a Union Official shall give 24 hours' notice to the employer and the reason for the meeting and $28.10 shall be paid.

(d) Any time which an employee is absent from work on annual leave, public holidays, bereavement leave or paid sick leave shall not affect the payment of this allowance.

(e) An apprentice shall be paid a percentage of $28.10 being the percentage which appears against their year of apprenticeship set out in subclause (4) of the First Schedule - Wages.

4. Clause 30. – Special Provisions – Western Power:  Delete subclause (6) of this clause and insert in lieu thereof the following:

(6) (a) An employee to whom the provisions of Clause 21. - Distant Work of this Award, applies who work 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 $381.10 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 they continue to live with their spouse (including de facto partner) in accommodation provided by the employee.

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

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

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

(v) 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 21. - Distant Work of this Award shall not apply.

5. First Schedule – Wages:

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

(3) Leading Hands - In addition to the appropriate rates shown in subclause (2) hereof a leading hand shall be paid -

 B. Delete subclauses (5) and (6) of this Schedule and insert in lieu thereof the following:

(5) Tool Allowance:

(a) In accordance with the provisions of subclause (20) of Clause 18. – Special Rates and Provisions of this award the tool allowance to be paid is:

(i) $13.60 per week to such tradesperson, or

(ii) In the case of an apprentice a percentage of $13.60 being the percentage which appears against the apprentice’s year of apprenticeship set out in subclause (4) of this schedule.

(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.

(6) Construction Allowance:

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

(i) $42.10 per week if the employee is engaged on the construction of a large industrial undertaking or any large civil engineering project.

(ii) $38.00 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 the employee is required to work.  A multi-storeyed building is a building which, when completed, will consist of at least five storeys.

(iii) $22.30 per week if the employee is engaged otherwise on construction work falling within the definition of construction work in Clause 5. - Definitions of this Award.

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

 C. Delete subclauses (9) and (10) of this Schedule and insert in lieu thereof the following:

(9) Licence Allowance:

A tradesperson who holds and in the course of their employment may be required to use a current "A" Grade or "B" Grade licence issued pursuant to the relevant regulation in force at the date of this Award under the Electricity Act, 1945, shall be paid  $20.00 per week.

(10) Commissioning Allowances:

An "Electrician Commissioning" as defined shall be paid at the rate of $30.60 per week in addition to rates prescribed in this schedule.