Electrical Trades Union WA -v- Chubb Electronic Security, Wormald Security Controls, Metropolitan Security Services

Document Type: Order

Matter Number: APPL 136/2015

Matter Description: Electrical Trades (Security Alarms Industry) Award, 1980

Industry: Electrical

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner S J Kenner

Delivery Date: 11 Nov 2015

Result: Award varied

Citation: 2015 WAIRC 01001

WAIG Reference: 95 WAIG 1829

DOCX | 35kB
2015 WAIRC 01001
ELECTRICAL TRADES (SECURITY ALARMS INDUSTRY) AWARD, 1980
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES ELECTRICAL TRADES UNION WA
APPLICANT
-V-
CHUBB ELECTRONIC SECURITY, WORMALD SECURITY CONTROLS, METROPOLITAN SECURITY SERVICES
RESPONDENT
CORAM COMMISSIONER S J KENNER
DATE WEDNESDAY, 11 NOVEMBER 2015
FILE NO/S APPL 136 OF 2015
CITATION NO. 2015 WAIRC 01001

Result Award varied
Representation
APPLICANT MR J MURIE

RESPONDENT NO APPEARANCE



Order

HAVING heard Mr J Murie on behalf of the applicant and there being no appearance by the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders –

THAT the Electrical Trades (Security Alarms Industry) Award 1980 be varied in accordance with the following schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period on or after 5 November 2015.






COMMISSIONER S J KENNER




SCHEDULE



1. Clause 5. – Definitions: Delete subclause (6) of this Clause and insert in lieu thereof the following:

(6) "Union" means the Electrical Trades Union WA.



2. Clause 11. – Overtime: Delete paragraph (f) of subclause (3) of this Clause and insert in lieu thereof the following:

(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 $13.10 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required they shall be supplied with each such meal by the employer or be paid $9.00 for each meal so required.



3. Clause 15. – Special Rates and Provisions:

A. Delete subclauses (1), (2), (3) and (4) of this Clause and insert in lieu thereof the following:

(1) Height Money: An employee shall be paid an allowance of $2.95 for each day on which they work at a height of 15.5 metres or more above the nearest horizontal plane but this provision does not apply to linespersons nor to riggers and splicers on ships or buildings.

(2) Dirt Money: An employee shall be paid an allowance of 60 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.

(3) Confined Space: An employee shall be paid an allowance of 76 cents per hour when, because of the dimensions of the compartment or space in which they are working, the employee is required to work in a stooped or otherwise cramped position or without proper ventilation.

(4) Hot Work: An employee shall be paid an allowance of 60 cents per hour when they work in the shade in any place where the temperature is raised by artificial means to between 46.1 and 54.4 degrees Celsius.



B. Delete subclause (6) of this Clause and insert in lieu thereof the following:

(6) Percussion Tools:

An employee shall be paid an allowance of 38 cents per hour when working a pneumatic rivetter of the percussion type and other pneumatic tools of the percussion type.




C. Delete subclauses (13) and (14) of this Clause and insert in lieu thereof the following:

(13) An employee, holding either a Third Year First Aid Medallion of the St. John Ambulance Association or a "C" Standard Senior First Aid Certificate of the Australian Red Cross Society, appointed by the employer to perform first aid duties shall be paid $12.30 per week in addition to their ordinary rate.

(14) A Serviceperson - Special Class, a Serviceperson or an Installer who holds, and in the course of their employment may be required to use, a current "A" Grade or "B" Grade Licence issued pursuant to the relevant regulation in force on the 28th day of February, 1978 under the Electricity Act 1945 shall be paid an allowance of $24.80 per week.



4. Clause 28. – Wages: Delete subclauses (3), (4) and (5) of this Clause and insert in lieu thereof the following:

(3) (a) Where an employer does not provide a tradesperson with the tools ordinarily required by that tradesperson in the performance of their work as a tradesperson the employer shall pay a tool allowance of $17.10 per week to such tradesperson for the purpose of such tradesperson supplying and maintaining tools ordinarily required in the performance of their work as a tradesperson.

(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 Clause.

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

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

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

(i) $55.40 per week if they are engaged on the construction of a large industrial undertaking or any large civil engineering project.

(ii) $50.10 per week if they are engaged in a multi-storeyed 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 they are required to work. A multi-storeyed building is a building which, when completed, will consist of at least five storeys.

(iii) $29.00 per week if they are 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.

(c) An allowance paid under this subclause includes any allowance otherwise payable under Clause 15. - Special Rates and Provisions of this Award except the allowance for work at heights, the first aid allowance and the licence allowance.

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

(a)
If placed in charge of not less than three and not more than ten other employees

$31.50

(b)
If placed in charge of more than ten and not more than twenty other employees

$48.00
(c)
If placed in charge of more than twenty other employees
$61.90


5. Schedule Two – Named Parties to the Award: Delete this Schedule and insert in lieu thereof the following:

SCHEDULE TWO - NAMED PARTIES TO THE AWARD

Union Party to the Award

Electrical Trades Union WA

Electrical Trades Union WA -v- Chubb Electronic Security, Wormald Security Controls, Metropolitan Security Services

ELECTRICAL TRADES (SECURITY ALARMS INDUSTRY) AWARD, 1980

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Electrical Trades Union WA

APPLICANT

-v-

Chubb Electronic Security, Wormald Security Controls, Metropolitan Security Services

RESPONDENT

CORAM Commissioner S J Kenner

DATE WEDNESDAY, 11 NOVEMber 2015

FILE NO/S APPL 136 OF 2015

CITATION NO. 2015 WAIRC 01001

 

Result Award varied

Representation

Applicant Mr J Murie

 

Respondent No Appearance

 

 

 

Order

 

HAVING heard Mr J Murie on behalf of the applicant and there being no appearance by the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders –

 

THAT the Electrical Trades (Security Alarms Industry) Award 1980 be varied in accordance with the following schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period on or after 5 November 2015.

 

 

 

 

 

 

Commissioner S J Kenner

 

 

 


SCHEDULE

 

 

 

1. Clause 5. – Definitions:  Delete subclause (6) of this Clause and insert in lieu thereof the following:

 

(6)  "Union" means the Electrical Trades Union WA.

 

 

 

2. Clause 11. – Overtime:  Delete paragraph (f) of subclause (3) of this Clause and insert in lieu thereof the following:

 

(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 $13.10 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required they shall be supplied with each such meal by the employer or be paid $9.00 for each meal so required.

 

 

 

3. Clause 15. – Special Rates and Provisions:

 

A. Delete subclauses (1), (2), (3) and (4) of this Clause and insert in lieu thereof the following:

 

(1) Height Money:  An employee shall be paid an allowance of $2.95 for each day on which they work at a height of 15.5 metres or more above the nearest horizontal plane but this provision does not apply to linespersons nor to riggers and splicers on ships or buildings.

 

(2) Dirt Money:  An employee shall be paid an allowance of 60 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.

 

(3) Confined Space:  An employee shall be paid an allowance of 76 cents per hour when, because of the dimensions of the compartment or space in which they are working, the employee is required to work in a stooped or otherwise cramped position or without proper ventilation.

 

(4) Hot Work:  An employee shall be paid an allowance of 60 cents per hour when they work in the shade in any place where the temperature is raised by artificial means to between 46.1 and 54.4 degrees Celsius.

 

 

 

B. Delete subclause (6) of this Clause and insert in lieu thereof the following:

 

(6) Percussion Tools:

 

An employee shall be paid an allowance of 38 cents per hour when working a pneumatic rivetter of the percussion type and other pneumatic tools of the percussion type.

 

 

 

 

C. Delete subclauses (13) and (14) of this Clause and insert in lieu thereof the following:

 

(13) An employee, holding either a Third Year First Aid Medallion of the St. John Ambulance Association or a "C" Standard Senior First Aid Certificate of the Australian Red Cross Society, appointed by the employer to perform first aid duties shall be paid $12.30 per week in addition to their ordinary rate.

 

(14) A Serviceperson - Special Class, a Serviceperson or an Installer who holds, and in the course of their employment may be required to use, a current "A" Grade or "B" Grade Licence issued pursuant to the relevant regulation in force on the 28th day of February, 1978 under the Electricity Act 1945 shall be paid an allowance of $24.80 per week.

 

 

 

4. Clause 28. – Wages:  Delete subclauses (3), (4) and (5) of this Clause and insert in lieu thereof the following:

 

(3) (a) Where an employer does not provide a tradesperson with the tools ordinarily required by that tradesperson in the performance of their work as a tradesperson the employer shall pay a tool allowance of $17.10 per week to such tradesperson for the purpose of such tradesperson supplying and maintaining tools ordinarily required in the performance of their work as a tradesperson.

 

(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 Clause.

 

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

 

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

 

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

 

(i) $55.40 per week if they are engaged on the construction of a large industrial undertaking or any large civil engineering project.

 

(ii) $50.10 per week if they are engaged in a multi-storeyed 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 they are required to work. A multi-storeyed building is a building which, when completed, will consist of at least five storeys.

 

(iii) $29.00 per week if they are 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.

 

(c) An allowance paid under this subclause includes any allowance otherwise payable under Clause 15. - Special Rates and Provisions of this Award except the allowance for work at heights, the first aid allowance and the licence allowance.

 

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

 

(a)

If placed in charge of not less than three and not more than ten other employees

 

$31.50

 

(b)

If placed in charge of more than ten and not more than twenty other employees

 

$48.00

(c)

If placed in charge of more than twenty other employees

$61.90

 

 

5. Schedule Two – Named Parties to the Award:  Delete this Schedule and insert in lieu thereof the following:

 

SCHEDULE TWO - NAMED PARTIES TO THE AWARD

 

Union Party to the Award

 

Electrical Trades Union WA