2010 WAIRC 00022
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 M MAYMAN
DATE THURSDAY, 21 JANUARY 2010
FILE NO/S APPL 57 OF 2009
CITATION NO. 2010 WAIRC 00022

Result Award varied
Representation


APPLICANT MS S THIEL

RESPONDENTS NO APPEARANCE


Order
HAVING HEARD Ms S Thiel on behalf of the applicant and there being no appearance on behalf of the respondents, and by consent, 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 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 21 January 2010.


COMMISSIONER S M MAYMAN


SCHEDULE

1. Clause 12. – Overtime: Delete subclause (3)(f) of the 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 $11.35 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 $7.65 for each meal so required.

2. Clause 16. – Special Rates and Provisions: Delete Subclause (2)(b) and insert in lieu thereof the following:

(b) Subject to paragraph (c) hereof where the employee's 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 worker for that loss but only up to a maximum of $153.25.

3. Clause 29. - Wages:

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

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

(i) $45.70 per week if engaged on the construction of a large industrial undertaking or any large civil engineering project.

(ii) $41.20 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) $24.20 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
26.00



(b)
If placed in charge of more than 10 and not more than 20other employees
39.50



(c)
If placed in charge of more than 20 other employees
51.10

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

(i) $14.30 per week to such tradesperson or second-class sheetmetal employee; or

(ii) in the case of an apprentice a percentage of $14.30 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.