ELECTRONICS INDUSTRY AWARD NO. A 22 OF 1985

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Electrical Trades Union WA

APPLICANT

-v-

Action Electronics Pty. Ltd., Lion Electronics, Aldetec Pty Ltd

RESPONDENT

CORAM Commissioner S J Kenner

DATE WEDNESDAY, 11 NOVEMber 2015

FILE NO/S APPL 139 OF 2015

CITATION NO. 2015 WAIRC 01004

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 Electronics Industry Award No. A 22 of 1985 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 9. – 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 $12.25 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 $8.20 for each meal so required.

2. Clause 20. - Special Rates and Provisions:

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

(1) 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.

(2) Confined Space:  An employee shall be paid an allowance of 75 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.

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

(4) Height Money:  An employee shall be paid an allowance of $2.80 for each day on which the employee works at a height of 15.5 metres or more above the nearest horizontal plane.

B. Delete subclauses (6), (7) and (8) of this Clause and insert in lieu thereof the following:

(6) Diesel Engine Ships:  The provisions of subclauses (1) and (2) hereof do not apply to an employee when the employee is engaged on work below the floor plates in diesel engine ships, but the employee shall be paid an allowance of $1.01 per hour whilst so engaged.

(7) Percussion Tools:  An employee shall be paid an allowance of 38 cents per hour when working pneumatic rivetter of the percussion type and other pneumatic tools of the percussion type.

(8) Chemical, Artificial Manure and Cement Works:  An employee, other than a general labourer, in chemical, artificial manure and cement works, in respect of all work done in and around the plant outside the machine shop, shall be paid an allowance calculated at the rate of $15.20 per week.  The allowance shall be paid during overtime but shall not be subject to penalty additions.  An employee receiving this allowance is not entitled to any other allowance under this clause.

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

(14) 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 $11.80 per week in addition to their ordinary rate.

3. Clause 33. – Wages:

A. Delete subclause (2) of this Clause and insert in lieu thereof the following:

(2) Leading Hands:

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

B. Delete subclause (5) of this Clause and insert in lieu thereof the following:

(5) Tool Allowance

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

(i) $17.10 per week to such technician, serviceperson, installer; or

(ii) In the case of an apprentice a percentage of $17.10 being the percentage which appears against their year of apprenticeship in subclause (3) of this clause for the purpose of such technician, serviceperson, installer or apprentice applying and maintaining tools ordinarily required in the performance of work as a technician, serviceperson, installer 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 clause.

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

(d) A technician, serviceperson, installer or apprentice shall replace or pay for any tools supplied by the employer if lost through his negligence.

4. Clause 34. – Union Coverage: Delete this Clause and insert in lieu thereof the following:

34. - UNION COVERAGE

The unions party to this part of the award shall be the Electrical Trades Union WA (the ETU) and the Association of Draughting, Supervisory and Technical Employees, Western Australian Branch (ADSTE) provided that ADSTE shall not enrol or seek to enrol as members any employee bound by this Part of the award, except employees engaged in classifications above the classification of Electronic Serviceperson.  Provided further, that the ETU may enrol or seek to enrol as members any employee engaged in any and all of the classifications in this Part of the award.

5. PART II – CONSTRUCTION WORK:  Clause 5. – Special Rates and Provisions:  Delete subclause (2) of this Clause and insert in lieu thereof the following:

(2) (a) The employer shall, where practicable, provide a waterproof and secure place on each job for the safekeeping of an employee's tools when not in use and an employee's working clothes and where an employee is absent from work because of illness or accident and has advised the employer to that effect in accordance with the provisions of Clause 11. - Sick Leave of PART I - GENERAL of this award the employer shall ensure that the employee's tools and working clothes are securely stored during their absence.

(b) Subject to paragraph (c) hereof where the employee's tools or 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 employee for that loss but only up to a maximum of $353.40.

(c) The provisions of paragraph (b) hereof shall only apply with respect to tools and working clothes used by an employee in the course of their employment as set out in a list furnished to the employer at least twenty four hours before being lost by fire or theft and if the employee has reported any theft to the police.

6. PART II – CONSTRUCTION:  Clause 10. – Wages:  Delete subclauses (5), (6) and (7) of this Clause and insert in lieu thereof the following:

(5) Construction Allowances:

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

(i) $54.70 per week if engaged on the construction of a large industrial undertaking or any large civil engineering projects.

(ii) $49.50 per week if engaged on 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 the employee is required to work.  A multi-storeyed building is a building which, when completed, will consist of at least five storeys.

(iii) $28.90 per week if engaged otherwise on construction work falling within the definition of construction work in Clause 5. - Definitions of PART I - GENERAL 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.

(6) 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    $31.10

(b) If placed in charge of more than ten but not

more than twenty other employees    $47.00

(c) If placed in charge of more than twenty

other employees      $61.20

(7) (a) Where an employer does not provide a Technician, Serviceperson, Installer or Apprentice with the tools ordinarily required by that Serviceperson, Technician or Installer in the performance of work as a Technician, Installer or Apprentice the employer shall pay a tool allowance of -

(i) $17.10 per week to such Technician, Serviceperson or Installer, or

(ii) In the case of an apprentice a percentage of $17.10 being the percentage referred to in subclause (3) of Clause 33. - Wages of PART I - GENERAL of this award,

for the purpose of such Technician, Serviceperson, Installer or Apprentice supplying and maintaining tools ordinarily required in the performance of work as a Technician, Serviceperson, Installer 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 clause.

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

(d) A Technician, Serviceperson, Installer or Apprentice shall replace or pay for any tools supplied by the employer if lost through that person's negligence.

7. PART II – CONSTRUCTION:  Clause 12 – Union Coverage:  Delete this Clause and insert in lieu thereof the following:

12. - UNION COVERAGE

The Electrical Trades Union WA shall be the sole union able to enrol or seek to enrol as members, employees bound by this Part of the Award.

8. Third Schedule – Memorandum of Understanding:  Delete the heading of this Clause and insert in lieu thereof the following:

THIRD SCHEDULE - MEMORANDUM OF UNDERSTANDING

Between the Electrical Trades Union WA

and

Employers in the Electronics Industry

9. Fourth Schedule – Names Parties to the Award:  Delete this Clause and insert in lieu thereof the following:

FOURTH SCHEDULE - NAMED PARTIES TO THE AWARD

Union Parties

Electrical Trades Union WA.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch.