(Commission's own motion) -v- (Not applicable)
Document Type: Order
Matter Number: APPL 8/2009
Matter Description: Industrial Spraypainting and Sandblasting Award 1991
Industry: Spraypainting
Jurisdiction: Single Commissioner
Member/Magistrate name: Chief Commissioner A R Beech
Delivery Date: 29 Apr 2009
Result: Award varied
Citation: 2009 WAIRC 00222
WAIG Reference: 89 WAIG 498
INDUSTRIAL SPRAYPAINTING AND SANDBLASTING AWARD 1991
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES ON THE COMMISSION'S OWN MOTION
CORAM CHIEF COMMISSIONER A R BEECH
DATE WEDNESDAY, 29 APRIL 2009
FILE NO/S APPL 8 OF 2009
CITATION NO. 2009 WAIRC 00222
Result Award varied
Order
HAVING heard Mr M Swinbourn on behalf of The Construction, Forestry, Mining and Energy Union of Workers, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –
THAT the Industrial Spraypainting and Sandblasting Award 1991 be varied in accordance with the following schedule and that such variations shall have effect from the first pay period commencing on or after the 29th day of April 2009.
CHIEF COMMISSIONER A R BEECH
SCHEDULE
1. Clause 1. – Title: Delete this clause and insert the following in lieu thereof:
1. - TITLE
This award shall be known as the Industrial Spraypainting and Sandblasting Award.
2. Clause 2. – Arrangement: Delete this clause and insert the following in lieu thereof:
2. - ARRANGEMENT
1. Title
1B. Minimum Adult Award Wage
2. Arrangement
3. (deleted)
4. Scope
5. Area
6. (deleted)
7. Definitions
8. Rates of Pay
9. Special Rates and Provisions
10. Multi-Storey Allowance
11. Hours
12. Rest Periods and Crib Time
13. Overtime
14. Weekend Work
15. Holidays and Holiday Work
16. Shift Work
17. Meal Allowance
18. Living Away from Home - Distant Work
19. Location Allowance
20. Annual Leave
21. Sick Leave
22. Accident Pay
23. Bereavement Leave
24. Maternity Leave
25. Jury Service
26. Time Records
27. Protection of Employees
28. Amenities
29. First Aid Equipment
30. Special Tools and Protective Clothing
31. Compensation for Clothes and Tools
32. Payment of Wages
33. Presenting For Work But Not Required
34. Termination of Employment
35. Job Stewards
36. Posting of Award
37. Posting of Notices
38. Right of Entry
39. Long Service Leave
40. Stand Downs
41. Prohibition of Junior Employees
42. Settlement of Disputes
43. Board of Reference
44. No Reduction
45. Award Modernisation
46. Structural Efficiency Exercise
47. Fares and Travelling
48. (deleted)
49(A). Redundancy - On site Employees
49(B). Redundancy - Factory Based Employees
50. Inclement Weather
Appendix - Resolution of Disputes Requirements
Appendix A - (deleted)
Appendix B - Asbestos Eradication
Appendix C - Fares and Travelling - Daily Rates Respondents
Schedule A - Named Parties to the Award
3. Clause 3. – State Wage Principles – June 1991: Delete this clause.
4. Clause 6. – Term: Delete this clause.
5. Clause 8. - Rates of Pay:
A. Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) The weekly rate of pay is as follows:
Painter, Spraypainter, Shotblaster, Sandblaster or employee performing two or more of those functions:
$
Weekly Rate
692.66
B. Re-number subclauses (3), (4), (5) and (6) as (2), (3), (4) and (5) respectively.
6. Clause 9. – Special Rates and Provisions: Delete subclause (7) of this clause.
7. Clause 26. – Time Records: Delete subclauses (4), (5) and (6) of this clause and insert the following in lieu thereof:
(4) Access to employment records is provided for in section 49E of the Industrial Relations Act, 1979.
8. Clause 38. – Right of Entry: Delete this clause and insert the following in lieu thereof:
38. - RIGHT OF ENTRY
An authorised representative of the Union, as defined by the Act, may enter any premises during working hours where employees covered by this Award work, for the purpose of holding discussions at the premises with any of the employees who wish to participate in those discussions in accordance with the provisions of s 49H of the Industrial Relations Act, 1979 or in accordance with the provisions of s 49G of the Industrial Relations, 1979 for the purpose of investigating any suspected breach of the Occupational Safety and Health Act, 1984.
9. Clause 48. – Liberty to Apply: Delete this clause.
10. Appendix A - North West Shelf Gas Project: Delete this Appendix.
11. Appendix B - Asbestos Eradication:
A. Delete subclauses (3), (4) and (7) of this Appendix.
B. Delete subclause (6) of this Appendix and insert the following in lieu thereof:
6 . - PROTECTION OF EMPLOYEES
Asbestos removal will be undertaken in accordance with the provisions of the Occupational Safety and Health Act, 1984 and Regulations, and employers must ensure that all employees are provided with protective equipment in accordance with that Act and Regulations.
12. Schedule A - Respondents: Delete this Schedule and insert the following in lieu thereof:
SCHEDULE A
NAMED PARTIES TO THE AWARD
Abrasive Blasting Services Pty Ltd
Blastcoaters Pty Ltd
Blastworks Pty Ltd
Dalla Riva & Associates Pty Ltd
Dwyers Sandblasting & Industrial Painting
Feroblast (WA) Pty Ltd
Gardner Bros & Perrott (WA) Pty Ltd
Mills Sign and Painting Service
Rustproofers (Aust) Pty Ltd
Total Corrosion Control Pty Ltd
Zinco (WA) Pty Ltd
INDUSTRIAL SPRAYPAINTING AND SANDBLASTING AWARD 1991
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES on the Commission's own motion
CORAM Chief Commissioner A R Beech
DATE wednesday, 29 april 2009
FILE NO/S APPL 8 OF 2009
CITATION NO. 2009 WAIRC 00222
Result Award varied
Order
HAVING heard Mr M Swinbourn on behalf of The Construction, Forestry, Mining and Energy Union of Workers, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –
THAT the Industrial Spraypainting and Sandblasting Award 1991 be varied in accordance with the following schedule and that such variations shall have effect from the first pay period commencing on or after the 29th day of April 2009.
Chief Commissioner A R Beech
SCHEDULE
1. Clause 1. – Title: Delete this clause and insert the following in lieu thereof:
1. - TITLE
This award shall be known as the Industrial Spraypainting and Sandblasting Award.
2. Clause 2. – Arrangement: Delete this clause and insert the following in lieu thereof:
2. - ARRANGEMENT
1. Title
1B. Minimum Adult Award Wage
2. Arrangement
3. (deleted)
4. Scope
5. Area
6. (deleted)
7. Definitions
8. Rates of Pay
9. Special Rates and Provisions
10. Multi-Storey Allowance
11. Hours
12. Rest Periods and Crib Time
13. Overtime
14. Weekend Work
15. Holidays and Holiday Work
16. Shift Work
17. Meal Allowance
18. Living Away from Home - Distant Work
19. Location Allowance
20. Annual Leave
21. Sick Leave
22. Accident Pay
23. Bereavement Leave
24. Maternity Leave
25. Jury Service
26. Time Records
27. Protection of Employees
28. Amenities
29. First Aid Equipment
30. Special Tools and Protective Clothing
31. Compensation for Clothes and Tools
32. Payment of Wages
33. Presenting For Work But Not Required
34. Termination of Employment
35. Job Stewards
36. Posting of Award
37. Posting of Notices
38. Right of Entry
39. Long Service Leave
40. Stand Downs
41. Prohibition of Junior Employees
42. Settlement of Disputes
43. Board of Reference
44. No Reduction
45. Award Modernisation
46. Structural Efficiency Exercise
47. Fares and Travelling
48. (deleted)
49(A). Redundancy - On site Employees
49(B). Redundancy - Factory Based Employees
50. Inclement Weather
Appendix - Resolution of Disputes Requirements
Appendix A - (deleted)
Appendix B - Asbestos Eradication
Appendix C - Fares and Travelling - Daily Rates Respondents
Schedule A - Named Parties to the Award
3. Clause 3. – State Wage Principles – June 1991: Delete this clause.
4. Clause 6. – Term: Delete this clause.
5. Clause 8. - Rates of Pay:
A. Delete subclause (1) of this clause and insert the following in lieu thereof:
(1) The weekly rate of pay is as follows:
Painter, Spraypainter, Shotblaster, Sandblaster or employee performing two or more of those functions:
|
|
$ |
|
|
|
|
Weekly Rate |
692.66 |
|
|
|
B. Re-number subclauses (3), (4), (5) and (6) as (2), (3), (4) and (5) respectively.
6. Clause 9. – Special Rates and Provisions: Delete subclause (7) of this clause.
7. Clause 26. – Time Records: Delete subclauses (4), (5) and (6) of this clause and insert the following in lieu thereof:
(4) Access to employment records is provided for in section 49E of the Industrial Relations Act, 1979.
8. Clause 38. – Right of Entry: Delete this clause and insert the following in lieu thereof:
38. - RIGHT OF ENTRY
An authorised representative of the Union, as defined by the Act, may enter any premises during working hours where employees covered by this Award work, for the purpose of holding discussions at the premises with any of the employees who wish to participate in those discussions in accordance with the provisions of s 49H of the Industrial Relations Act, 1979 or in accordance with the provisions of s 49G of the Industrial Relations, 1979 for the purpose of investigating any suspected breach of the Occupational Safety and Health Act, 1984.
9. Clause 48. – Liberty to Apply: Delete this clause.
10. Appendix A - North West Shelf Gas Project: Delete this Appendix.
11. Appendix B - Asbestos Eradication:
A. Delete subclauses (3), (4) and (7) of this Appendix.
B. Delete subclause (6) of this Appendix and insert the following in lieu thereof:
6 . - PROTECTION OF EMPLOYEES
Asbestos removal will be undertaken in accordance with the provisions of the Occupational Safety and Health Act, 1984 and Regulations, and employers must ensure that all employees are provided with protective equipment in accordance with that Act and Regulations.
12. Schedule A - Respondents: Delete this Schedule and insert the following in lieu thereof:
SCHEDULE A
NAMED PARTIES TO THE AWARD
Abrasive Blasting Services Pty Ltd
Blastcoaters Pty Ltd
Blastworks Pty Ltd
Dalla Riva & Associates Pty Ltd
Dwyers Sandblasting & Industrial Painting
Feroblast (WA) Pty Ltd
Gardner Bros & Perrott (WA) Pty Ltd
Mills Sign and Painting Service
Rustproofers (Aust) Pty Ltd
Total Corrosion Control Pty Ltd
Zinco (WA) Pty Ltd