GATE, FENCE AND FRAMES MANUFACTURING AWARD

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division WA Branch and another

APPLICANTS

-v-

CAI Fences Pty LtD AND ANOTHER

RESPONDENTS

CORAM Commissioner S M Mayman

DATE MONDAY, 16 MAY 2011

FILE NO/S APPL 9 OF 2011

CITATION NO. 2011 WAIRC 00334

Result Award varied

Representation

Applicant Ms N Ireland and with her Ms B Ward on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division WA Branch

Respondents No appearance

Order

HAVING HEARD Ms N Ireland and with her Ms B Ward on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division WA Branch and there being no appearance on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders:

THAT the Gate, Fence and Frames Manufacturing Award 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 16 May 2011.

Commissioner S M Mayman

SCHEDULE

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

(f) Subject to the provisions of paragraph (h) 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 $10.85 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 such meal by the employer or paid $7.45 for each meal so required.

2. Clause 14. – Special Rates and Provisions:  Delete subclauses (1), (2) and (4) of this clause and insert the following in lieu thereof:

(1) Dirt Money: An employee shall be paid an allowance of 51 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.

(2) Confined Space: An employee shall be paid an allowance of 64 cents per hour when, because of the dimensions of the compartment or space in which the employee is working, the employee is required to work in a stooped or otherwise cramped position or without proper ventilation.

(4) An employee, holding a Third Year First Aid Medallion of the St.  John Ambulance Association appointed by the employer to perform first aid duties, shall be paid $10.50 per week in addition to the ordinary rate.

3. Clause 19. – Fares & Travelling Time:  Delete subclause (2)(a) 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 - $15.65 per day.

4. Clause 20. – 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 $30.40 for any weekend the employee returns to the employee’s home from the job, but only if -

(a) The employee advises the employer or the employer's agent of the employee's intention not later than the Tuesday immediately preceding the weekend 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 $13.40 per day, provided that where the time actually spent in travelling either to or from the job exceeds 20 minutes, that excess travelling time shall be paid for at ordinary rates, whether or not suitable transport is supplied by the employer.

5. First Schedule - Wages:  Delete subclauses (2) and (6) of this clause and insert the following in lieu thereof:

(2) Leading Hand: In addition to the appropriate rate prescribed in subclause (1) of this clause, a leading hand shall be paid:

(6) (a)  Where an employer does not provide a tradesperson or an apprentice with the tools ordinarily required by that tradesperson or apprentice in the performance of their work as a tradesperson or as an apprentice, the employer shall pay a tool allowance of -

(i) $15.40 per week to such tradesperson, or

(ii) In the case of an apprentice a percentage of $15.40 being the percentage which appears against the year of apprenticeship in subclause (a) of subclause (3) of this Schedule.

For the purpose of such tradesperson or apprentice supplying and maintaining tools ordinarily required in the performance of their work as a tradesperson or apprentice.

(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 schedule.

(c) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments.

(d) A tradesperson or apprentice shall replace or pay for any tools supplied by the employer, if lost through their negligence.