Electrical Trades Union WA -v- CAI Fences Pty. Ltd., DBS Fencing, Woodford Gatemakers Pty. Ltd.
Document Type: Order
Matter Number: APPL 138/2015
Matter Description: Gate, Fence and Frames Manufacturing Award
Industry: Electrical
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S J Kenner
Delivery Date: 11 Nov 2015
Result: Award varied
Citation: 2015 WAIRC 01003
WAIG Reference: 95 WAIG 1839
GATE, FENCE AND FRAMES MANUFACTURING AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES ELECTRICAL TRADES UNION WA
APPLICANT
-V-
CAI FENCES PTY. LTD., DBS FENCING, WOODFORD GATEMAKERS PTY. LTD.
RESPONDENT
CORAM COMMISSIONER S J KENNER
DATE WEDNESDAY, 11 NOVEMBER 2015
FILE NO/S APPL 138 OF 2015
CITATION NO. 2015 WAIRC 01003
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 Gate, Fence and Frames Manufacturing Award 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 7. – Overtime: Delete paragraph (f) of subclause (3) of this Clause and insert in lieu thereof the following:
(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 $12.00 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 $8.30 for each meal so required.
2. Clause 14. – Special Rates and Provisions:
A. Delete subclauses (1) and (2) of this Clause and insert in lieu thereof the following:
(1) Dirt Money: An employee shall be paid an allowance of 59 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 74 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.
B. Delete subclause (4) of this Clause and insert in lieu thereof the following:
(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 $12.10 PER WEEK IN ADDITION TO THE ORDINARY RATE.
3. First Schedule - Wages:
A. Delete subclause (2) of this Schedule and insert in lieu thereof the following:
(2) Leading Hand: In addition to the appropriate rate of 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
$31.70
(b)
If placed in charge of more than ten but not more than twenty other employees
$48.70
(c)
If placed in charge of more than twenty other employees
$62.80
B. Delete subclause (6) of this Schedule and insert in lieu thereof the following:
(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) $17.70 per week to such tradesperson, or
(ii) In the case of an apprentice a percentage of $17.70 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.
4. Fourth Schedule – Named Parties to the Award: Delete this Schedule and insert in lieu thereof the following:
FOURTH SCHEDULE - NAMED PARTIES TO THE AWARD
Union party
Electrical Trades Union WA
GATE, FENCE AND FRAMES MANUFACTURING AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Electrical Trades Union WA
APPLICANT
-v-
CAI Fences Pty. Ltd., DBS Fencing, Woodford Gatemakers Pty. Ltd.
RESPONDENT
CORAM Commissioner S J Kenner
DATE WEDNESDAY, 11 NOVEMber 2015
FILE NO/S APPL 138 OF 2015
CITATION NO. 2015 WAIRC 01003
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 Gate, Fence and Frames Manufacturing Award 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 7. – Overtime: Delete paragraph (f) of subclause (3) of this Clause and insert in lieu thereof the following:
(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 $12.00 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 $8.30 for each meal so required.
2. Clause 14. – Special Rates and Provisions:
A. Delete subclauses (1) and (2) of this Clause and insert in lieu thereof the following:
(1) Dirt Money: An employee shall be paid an allowance of 59 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 74 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.
B. Delete subclause (4) of this Clause and insert in lieu thereof the following:
(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 $12.10 per week in addition to the ordinary rate.
3. First Schedule - Wages:
A. Delete subclause (2) of this Schedule and insert in lieu thereof the following:
(2) Leading Hand: In addition to the appropriate rate of 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
|
$31.70 |
(b) |
If placed in charge of more than ten but not more than twenty other employees
|
$48.70 |
(c) |
If placed in charge of more than twenty other employees |
$62.80 |
B. Delete subclause (6) of this Schedule and insert in lieu thereof the following:
(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) $17.70 per week to such tradesperson, or
(ii) In the case of an apprentice a percentage of $17.70 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.
4. Fourth Schedule – Named Parties to the Award: Delete this Schedule and insert in lieu thereof the following:
FOURTH SCHEDULE - NAMED PARTIES TO THE AWARD
Union party
Electrical Trades Union WA