2008 WAIRC 00100
AIR CONDITIONING AND REFRIGERATION INDUSTRY (CONSTRUCTION AND SERVICING) AWARD NO. 10 OF 1979
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING & KINDRED INDUSTRIES UNION OF WORKERS - WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
DIRECT ENGINEERING SERVICES PTY LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE FRIDAY, 15 FEBRUARY 2008
FILE NO APPL 116 OF 2007
CITATION NO. 2008 WAIRC 00100

Result Award varied
Representation


APPLICANT MR L EDMONDS, OF COUNSEL

RESPONDENT MS J PRICE AND WITH HER MR M HAYLETT ON BEHALF OF A.J. BAKER AND SONS PTY LTD


Order
HAVING heard Mr L Edmonds, of Counsel on behalf of the applicant and Ms J Price and with her Mr M Haylett on behalf of A.J. Baker and Sons Pty Ltd, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders:

THAT the Air Conditioning and Refrigeration Industry (Construction and Servicing) Award No. 10 of 1979 as varied, be further varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the date of this order.



COMMISSIONER S WOOD

SCHEDULE



1. Clause 12. – Overtime: Delete paragraph (f) of subclause (3) of this clause and insert the following in lieu thereof:

(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 $10.20 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 $6.90 for each meal so required.


2. Clause 17. – Car Allowance: Delete subclause (3) of this clause and insert the following in lieu thereof:

(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 Details
Engine Displacement (in cubic centimetres)

Rate per kilometre (Cents)
Distance Travelled Each Year on Employer's Business
Over 2600cc
1600cc - 2600cc
1600cc and Under




Metropolitan Area
73.8
66.1
57.6




South West Land Division
75.6
67.8
59.0




North of 23.5o South Latitude
83.2
74.7
64.9




Rest of the State
78.1
70.0
60.9




Motor Cycle (in all areas)
25.4¢ per kilometre


3. Clause 18. –Allowance for Travelling and Employment in Construction Work: Delete paragraphs (a), (b) and (c) of subclause (2) of this clause and insert the following in lieu thereof:

(a) On places within a radius of 50 kilometres from the General Post Office, Perth - $15.80 per day.

(b) For each additional kilometre to a radius of 60 kilometres from the General Post Office, Perth – 82 cents per kilometre.

(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 82 cents per kilometre shall be paid for each kilometre in excess of the 60 kilometre radius.


4. Clause 19. – Distant Work: Delete subclauses (6) and (7) of this clause and insert the following in lieu thereof:

(6) An employee, to whom the provisions of subclause (1) of this clause apply, shall be paid an allowance of $32.10 for any week-end 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 the Tuesday immediately preceding the week-end 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 that job or be paid an allowance of $14.25 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 29. – Wages:

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

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

(i) $43.00 per week if engaged on the construction of a large industrial undertaking or any large civil engineering project.

(ii) $38.80 per week if engaged on a multi-storey 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 he/she is required to work. A multi-storey building is a building which, when completed, will consist of at least five storeys.

(iii) $22.80 per week if 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 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
24.40



(b)
If placed in charge of more than 10 and not more than 20other employees
37.10



(c)
If placed in charge of more than 20 other employees
48.00


B. Delete subparagraphs (i) and (ii) of paragraph (a) of subclause (8) of this clause and insert the following in lieu thereof:

(i) $13.40 per week to such tradesperson or second-class sheetmetal employee; or

(ii) in the case of an apprentice a percentage of $13.40 being the percentage which appears against the year of apprenticeship in subclause (3) hereof, for the purpose of such tradesperson, second-class sheetmetal employee or Apprentice supplying and maintaining tools ordinarily required in the performance of work as a tradesperson, second-class sheetmetal employee or as an apprentice.