2014 WAIRC 01343
WA GOVERNMENT HEALTH SERVICES ENGINEERING AND BUILDING SERVICES AWARD 2004
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES ELECTRICAL TRADES UNION WA
APPLICANT
-V-
THE MINISTER FOR HEALTH AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S M MAYMAN
DATE TUESDAY, 9 DECEMBER 2014
FILE NO/S APPL 46 OF 2014
CITATION NO. 2014 WAIRC 01343

Result Award varied
Representation


APPLICANT MS N O’BRIEN

RESPONDENT MR B KIRWAN


Order
HAVING heard Ms O’Brien for Electrical Trades Union WA, as applicant and Mr Kirwan on behalf of the Minister for Health and there was no appearance on behalf of the others, as respondents; the Commission, pursuant to the powers conferred 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 variations shall have effect from the beginning of the first pay period on or after the 9th day of December 2014.




COMMISSIONER S M MAYMAN


SCHEDULE

1. Clause 4. – Application & Parties Bound: Delete paragraph (e) of subclause (1) and insert in lieu thereof the following:


(e) Electrical Trades Union WA.


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

(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 - $44.80 per week;

(b) More than 10 and not more than 20 other employees - $60.10 per week;

(c) More than 20 other employees - $75.10 per week.


3. Clause 23. – Special Rates and Provisions:

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

(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 $2.26 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, i.e. respiratory protection in the form of a high efficiency class H particulate respirator and/or special clothing, shall be paid an allowance of $0.75 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 $1.64 per hour or part thereof whilst so engaged.

(e) Construction Allowance

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

(aa) $49.50 per week if engaged on the construction of a large industrial undertaking or any large civil engineering project;

(bb) $44.70 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) $26.30 per week if engaged otherwise on Construction Work.

(ii) The rates specified in paragraph (1)(e)(i) shall be discounted by $20.40 per week, the amount of the commuted allowance granted under paragraph (1)(a) of this subclause.

(f) Asbestos Eradication

(i) This subclause 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 of 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 limited 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 $1.63 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 (i.e. 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 paragraphs (b), (d), (e) and (f) of subclause (3) of this Clause and insert in lieu thereof the following:

(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 $19.30 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 $0.61 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 $19.30 per week.

(f) Setter Out

A setter out (other than a leading hand) in a joiner’s shop shall be paid $5.85 per day in addition to the rates otherwise prescribed.


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

(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 $13.75 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 previous day of the requirement to work such overtime.



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


(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)
Salary
Carpenter
Building Tradesperson Level 04
100
365.20
52.00
345.70
762.90
12.40
102.60
12.00
46,423

Building Tradesperson Level 05
105
383.50
54.60
346.40
784.50
13.04
103.00
12.00
47,604

Building Tradesperson Level 06
110
401.70
57.20
347.10
806.00
13.68
103.30
12.00
48,774

Building Tradesperson Level 07
115
420.00
59.80
345.80
825.60
14.22
103.50
12.00
49,835

Building Tradesperson Level 08
120
438.20
62.40
346.50
847.10
14.86
85.90
12.00
50,072

Building Tradesperson Level 09
125
456.50
65.00
347.20
868.70
15.50
86.40
12.00
51,258











Painter
Building Tradesperson Level 04
100
365.20
52.00
345.70
762.90
12.40
79.60
12.00
45,223

Building Tradesperson Level 05
105
383.50
54.60
346.40
784.50
13.04
79.90
12.00
46,399

Building Tradesperson Level 06
110
401.70
57.20
347.10
806.00
13.68
80.10
12.00
47,564

Building Tradesperson Level 07
115
420.00
59.80
345.80
825.60
14.22
80.40
12.00
48,630

Building Tradesperson Level 08
120
438.20
62.40
344.40
845.00
14.86
62.80
12.00
48,757

Building Tradesperson Level 09
125
456.50
65.00
347.20
868.70
15.50
63.30
12.00
50,053











Plasterer
Building Tradesperson Level 04
100
365.20
52.00
345.70
762.90
12.40
97.20
12.00
46,141

Building Tradesperson Level 05
105
383.50
54.60
346.40
784.50
13.04
97.50
12.00
47,317

Building Tradesperson Level 06
110
401.70
57.20
347.10
806.00
13.68
97.90
12.00
48,492

Building Tradesperson Level 07
115
420.00
59.80
345.80
825.60
14.22
98.20
12.00
49,559

Building Tradesperson Level 08
120
438.20
62.40
346.50
847.10
14.86
80.50
12.00
49,790

Building Tradesperson Level 09
125
456.50
65.00
347.20
868.70
15.50
80.80
12.00
50,966











Plumber
Building Tradesperson Level 04
100
365.20
52.00
345.70
762.90
12.40
125.00
12.00
47,591

Building Tradesperson Level 05
105
383.50
54.60
346.40
784.50
13.04
125.20
12.00
48,762

Building Tradesperson Level 06
110
401.70
57.20
347.10
806.00
13.68
125.50
12.00
49,932

Building Tradesperson Level 07
115
420.00
59.80
345.80
825.60
14.22
125.80
12.00
50,999

Building Tradesperson Level 08
120
438.20
62.40
346.50
847.10
14.86
108.20
12.00
51,235

Building Tradesperson Level 09
125
456.50
65.00
347.20
868.70
15.50
108.50
12.00
52,411





 





Other Building
Building Employee Entrant Level
78
284.86
40.56
340.54
665.96
9.68
70.80
14.00
39,669
employees
Building Employee Level 1
82
299.46
42.64
341.10
683.20
10.20
71.00
14.00
40,606
not elsewhere
Building Employee Level 2
87
319.18
45.45
341.88
706.51
10.87
71.20
14.00
41,867
classified
Building Employee Level 3
92
337.44
48.05
342.58
728.07
11.51
71.50
14.00
43,041

Building Employee Level 4
100
365.20
52.00
345.70
762.90
12.40
71.90
14.00
44,925











Mechanical Fitter,
Engineering Employee Level 14
78
284.86
40.56
340.54
665.96
14.68
69.60
14.00
39,867
Motor Mechanic,
Engineering Employee Level 13
82
299.46
42.64
341.10
683.20
15.40
69.80
14.00
40,815
Refrigeration
Engineering Employee Level 12
87.4
319.18
45.45
341.88
706.51
16.47
70.00
14.00
42,097
Fitter & other
Engineering Employee Level 11
92.4
337.44
48.05
342.58
728.07
17.41
70.30
14.00
43,286
engineering
Engineering Tradesperson Level 10
100
365.20
52.00
345.70
762.90
18.80
86.90
12.00
45,937
trades
Engineering Tradesperson Level 09
105
383.50
54.60
346.40
784.50
19.70
87.20
12.00
47,127
employees not
Engineering Tradesperson Level 08
110
401.70
57.20
347.10
806.00
20.70
87.40
12.00
48,311
elsewhere
Engineering Tradesperson Level 07
115
420.00
59.80
345.80
825.60
21.60
87.70
12.00
49,396
classified
Engineering Tradesperson Level 06
125
456.50
65.00
349.30
870.80
23.50
70.40
12.00
50,951

Engineering Tradesperson Level 05
130
474.80
67.60
347.90
890.30
24.40
70.70
10.00
51,926











Electrical Fitter/
Engineering Tradesperson Level 10
100
365.20
52.00
345.70
762.90
18.80
109.90
12.00
47,137
Mechanic
Engineering Tradesperson Level 09
105
383.50
54.60
346.40
784.50
19.70
110.20
12.00
48,327

Engineering Tradesperson Level 08
110
401.70
57.20
347.10
806.00
20.70
110.60
12.00
49,521

Engineering Tradesperson Level 07
115
420.00
59.80
345.80
825.60
21.60
110.80
12.00
50,601

Engineering Tradesperson Level 06
125
456.50
65.00
347.20
868.70
23.50
93.30
12.00
52,036

Engineering Tradesperson Level 05
130
474.80
67.60
347.90
890.30
24.40
93.70
10.00
53,126