2009 WAIRC 01325
WA GOVERNMENT HEALTH SERVICES ENGINEERING AND BUILDING SERVICES AWARD 2004
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING, AND ALLIED WORKERS UNION OF AUSTRALIA, ENGINEERING & ELECTRICAL DIVISION, WA BRANCH
APPLICANT
-V-
DEPARTMENT OF HEALTH AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S M MAYMAN
DATE TUESDAY, 15 DECEMBER 2009
FILE NO APPL 65 OF 2009
CITATION NO. 2009 WAIRC 01325

Result Award varied
Representation


APPLICANT MS N IRELAND

RESPONDENT MS S SMITH ON BEHALF OF THE DEPARTMENT OF HEALTH

Ms S Walker on behalf of The Construction, Forestry, Mining and Energy Union of Workers Western Australian Branch


Order
HAVING HEARD Ms N Ireland on behalf of the applicant, Ms S Smith on behalf of the Department of Health and Ms S Walker on behalf of The Construction, Forestry, Mining and Energy Union of Workers Western Australian Branch, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders:
THAT the WA Government Health Services Engineering and Building Services Award 2004 be 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 11 December 2009.

COMMISSIONER S M MAYMAN

SCHEDULE


1. Clause 19. – Leading Hand Allowance: Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) An employee placed in charge of 3 or more other employees shall, in addition to the employee’s ordinary salary, be paid -

(a) Not less than 3 and not more than 10 other employees - $38.90 per week;

(b) More than 10 and not more than 20 other employees - $52.20 per week;

(c) More than 20 other employees - $65.30 per week.


2. Clause 23. – Special Rates and Provisions:

(A) Delete subclause (1) of this clause and insert the following in lieu thereof:

(1) Disability Allowances

(a) Except as otherwise provided in this clause, the annual base salaries prescribed in this Award incorporate a commuted allowance which is in full substitution for all disability allowances and other special rates and provisions which are contained in any of the awards named in Clause 1. - Title, as at the date of registration of this Award.

(b) Polychlorinated Biphenyls: Employees required to remove or handle equipment or fittings containing polychlorinated biphenyls (PCBs), for which protective clothing must be worn, shall be paid an allowance of $1.97 for each hour or part thereof whilst so engaged.

(c) Asbestos:

(i) Employees required to use materials containing asbestos or to work in close proximity to employees using such materials shall be provided with and shall use all necessary safeguards as required by the appropriate occupational health authority

(ii) Employees engaged in a work process involving asbestos who are required to wear protective equipment, ie. respiratory protection in the form of a high efficiency class H particulate respirator and/or special clothing, shall be paid an allowance of $0.65 per hour for each hour or part thereof whilst so engaged.

(d) Furnace Work

Employees engaged in the construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles, steam generators, heat exchangers and similar refractory work or on underpinning shall be paid $1.43 per hour or part thereof whilst so engaged.

(e) Construction Allowance

(i) In addition to the appropriate rate of pay prescribed in Appendix A. - Salaries of this Award, an employee shall be paid -

(aa) $43.10 per week if engaged on the construction of a large industrial undertaking or any large civil engineering project;

(bb) $38.80 per week if engaged on a multi-storey building but only until the exterior walls have been erected, 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, shall consist of at least five stories.

(cc) $22.90 per week if engaged otherwise on Construction Work.

(ii) The rates specified in paragraph (1)(e)(i) shall be discounted by $17.80 per week, the amount of the commuted allowance granted under paragraph (1)(a) of this subclause.

(f) Asbestos Eradication

(i) This sub-clause shall apply to employees engaged in the process of asbestos eradication on the performance of work within the scope of this Award.

(ii) For the purposes of this clause “asbestos eradication” means work on or about buildings, involving the removal or any other method of neutralisation of any materials which consist of, or contain asbestos.

(iii) All aspects of asbestos work shall meet as a minimum standard the provisions of the National Health and Medical Research Council codes, as varied from time to time, for the safe demolition/removal of asbestos based materials.

Without limiting the effect of the above provision, any person who carried out asbestos eradication work shall do so in accordance with the legislation/regulations prescribed by the appropriate authorities.

(iv) An employee engaged in asbestos eradication (as defined) shall receive an allowance of $1.42 per hour worked in lieu of rates prescribed in paragraph (1)(c) of Clause 23.- Special Rates and Provisions

(v) Respiratory protective equipment, conforming to the relevant parts of the appropriate Australian Standard (ie. 1716 "Specification of Respiratory Protective Devices") shall be worn by all personnel during work involving eradication of asbestos.

(g) Where more than one of the disabilities entitling an employee to extra rates exists on the same job the employee shall be paid only the highest rate for the disabilities so prevailing.

(B) Delete subclause (3)(b), (d), (e) and (f) of this clause and insert the following in lieu thereof:

(b) Permit Work

Any licensed plumber called upon by the Employer to use the licence issued to him/her by the Metropolitan Water Supply, Sewerage and Drainage Board for a period in any one week shall be paid $16.80 for that week in addition to the rates otherwise prescribed.

(d) Scaffolding Certificate Allowance:

A tradesperson who is the holder of a scaffolding certificate or rigging certificate issued by an accredited training provider and is required to act on that certificate whilst engaged on work requiring a certified person shall be paid $0.53 per hour or part thereof: in addition to the rates otherwise prescribed in this Award.

(e) Nominee Allowance

A licensed electrical fitter or mechanic who acts as nominee for the Employer shall be paid an allowance of $16.80 per week.

(f) Setter Out:

A setter out (other than a leading hand) in a joiner's shop shall be paid $5.05 per day in addition to the rates otherwise prescribed.


3. Clause 25. – Overtime: Delete subclause (7)(a) of this clause and insert the following in lieu thereof:

(a) An employee required to work 2 hours or more overtime continuous with their rostered hours, which necessitates taking a meal break, shall be paid a meal allowance of $12.25 for each meal so required or may be provided with a meal ticket.

Provided that this subclause shall not apply to an employee notified on the previous day of the requirement to work such overtime.


4. Appendix A – Salaries: Delete subclause (1) of this Appendix and insert the following in lieu thereof:


(1) RATES OF PAY

SUBJECT TO THIS APPENDIX, EMPLOYEES SHALL BE PAID THE RATES OF PAY SPECIFIED IN THE FOLLOWING TABLE IN ACCORDANCE WITH THE LEVEL TO WHICH THEY ARE FROM TIME TO TIME CLASSIFIED.

LEVEL
PERCENTAGE RELATIVITY TO C10 TRADES-PERSON
Award Base Weekly – Metal, Engineering and Associated Industries Award, 1998 Part I.
Supple-mentary Payment
State Wage Order Adjustment
Minimum Rate
Additional Payment
Annualised Weekly Allowances and Loading
Commuted Overtime and Mobility Allowance (Salary Increase for value for money trade-offs in award safety net of conditions)
Above Award Payment - Subject to Absorption
Salary
Carpenter
Building Tradesperson Level 04
100
365.20
52.00
246.30
663.50
12.40
89.30
12.00
0.00
40,543

Building Tradesperson Level 05
105
383.50
54.60
246.30
684.40
13.04
89.54
12.00
0.00
41,680

Building Tradesperson Level 06
110
401.70
57.20
246.30
705.20
13.68
89.80
12.00
0.00
42,812

Building Tradesperson Level 07
115
420.00
59.80
244.30
724.10
14.22
90.04
12.00
0.00
43,838

Building Tradesperson Level 08
120
438.20
62.40
244.30
744.90
14.86
74.73
12.00
0.00
44,158

Building Tradesperson Level 09
125
456.50
65.00
244.30
765.80
15.50
75.05
12.00
0.00
45,298












Painter
Building Tradesperson Level 04
100
365.20
52.00
246.30
663.50
12.40
69.20
12.00
0.00
39,495

Building Tradesperson Level 05
105
383.50
54.60
246.30
684.40
13.04
69.46
12.00
0.00
40,632

Building Tradesperson Level 06
110
401.70
57.20
246.30
705.20
13.68
69.71
12.00
0.00
41,764

Building Tradesperson Level 07
115
420.00
59.80
244.30
724.10
14.22
69.96
12.00
0.00
42,791

Building Tradesperson Level 08
120
438.20
62.40
242.30
742.90
14.86
54.60
12.00
0.00
43,004

Building Tradesperson Level 09
125
456.50
65.00
244.30
765.80
15.50
54.97
12.00
0.00
44,251












Plasterer
Building Tradesperson Level 04
100
365.20
52.00
246.30
663.50
12.40
84.60
12.00
0.00
39,657

Building Tradesperson Level 05
105
383.50
54.60
246.30
684.40
13.04
84.84
12.00
0.00
41,434

Building Tradesperson Level 06
110
401.70
57.20
246.30
705.20
13.68
85.10
12.00
0.00
42,566

Building Tradesperson Level 07
115
420.00
59.80
244.30
724.10
14.22
85.34
12.00
0.00
43,593

Building Tradesperson Level 08
120
438.20
62.40
244.30
744.90
14.86
70.01
12.00
0.00
43,912

Building Tradesperson Level 09
125
456.50
65.00
244.30
765.80
15.50
70.33
12.00
0.00
45,052












Plumber
Building Tradesperson Level 04
100
365.20
52.00
246.30
663.50
12.40
108.66
12.00
0.00
41,553

Building Tradesperson Level 05
105
383.50
54.60
246.30
684.40
13.04
108.90
12.00
0.00
42,690

Building Tradesperson Level 06
110
401.70
57.20
246.30
705.20
13.68
109.15
12.00
0.00
43,821

Building Tradesperson Level 07
115
420.00
59.80
244.30
724.10
14.22
109.40
12.00
0.00
44,848

Building Tradesperson Level 08
120
438.20
62.40
244.30
744.90
14.86
94.06
12.00
0.00
45,166

Building Tradesperson Level 09
125
456.50
65.00
244.30
765.80
15.50
94.40
12.00
0.00
46,308












Other Building
Building Employee Entrant Level
78
284.86
40.56
244.30
569.72
9.68
61.54
14.00
0.00
34,166
employees
Building Employee Level 1
82
299.46
42.64
244.30
586.40
10.20
61.70
14.00
0.00
35,071
not elsewhere
Building Employee Level 2
87
319.18
45.45
244.30
608.93
10.87
61.95
14.00
0.00
36,294
classified
Building Employee Level 3
92
337.44
48.05
244.30
629.79
11.51
62.16
14.00
0.00
37,427

Building Employee Level 4
100
365.20
52.00
246.30
663.50
12.40
62.64
14.00
0.00
39,257












Mechanical Fitter,
Engineering Employee Level 14
78
284.86
40.56
244.30
569.72
14.68
60.49
14.00
0.00
34,372
Motor Mechanic,
Engineering Employee Level 13
82
299.46
42.64
244.30
586.40
15.40
60.67
14.00
0.00
35,289
Refrigeration
Engineering Employee Level 12
87.4
319.18
45.45
244.30
608.93
16.47
60.90
14.00
0.00
36,532
Fitter & other
Engineering Employee Level 11
92.4
337.44
48.05
244.30
629.79
17.41
61.13
14.00
0.00
37,681
engineering
Engineering Tradesperson Level 10
100
365.20
52.00
246.30
663.50
18.80
75.56
12.00
0.00
40,161
trades
Engineering Tradesperson Level 09
105
383.50
54.60
246.30
684.40
19.70
75.81
12.00
0.00
41,311
employees not
Engineering Tradesperson Level 08
110
401.70
57.20
246.30
705.20
20.70
76.06
12.00
0.00
42,461
elsewhere
Engineering Tradesperson Level 07
115
420.00
59.80
244.30
724.10
21.60
76.31
12.00
0.00
43,507
classified
Engineering Tradesperson Level 06
125
456.50
65.00
246.30
767.80
23.50
61.23
12.00
0.00
45,099

Engineering Tradesperson Level 05
130
474.80
67.60
244.30
786.70
24.40
61.40
10.00
0.00
46,036












Electrical Fitter/
Engineering Tradesperson Level 10
100
365.20
52.00
246.30
663.50
18.80
95.63
12.00
0.00
41,207
Mechanic
Engineering Tradesperson Level 09
105
383.50
54.60
246.30
684.40
19.70
95.88
12.00
0.00
42,358

Engineering Tradesperson Level 08
110
401.70
57.20
246.30
705.20
20.70
96.13
12.00
0.00
43,508

Engineering Tradesperson Level 07
115
420.00
59.80
244.30
724.10
21.60
96.38
12.00
0.00
44,554

Engineering Tradesperson Level 06
125
456.50
65.00
244.30
765.80
23.50
81.21
12.00
0.00
46,037

Engineering Tradesperson Level 05
130
474.80
67.60
244.30
786.70
24.40
81.47
10.00
0.00
47,083