BUILDING TRADES (CONSTRUCTION) AWARD 1987

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Construction, Forestry, Mining and Energy Union of Workers

APPLICANT

-v-

All Ready Surfacing Co Pty Ltd, Apollo Construction & Renovation Pty Ltd, Associated Shopfitters Pty Ltd

RESPONDENT

CORAM Commissioner T Emmanuel

DATE WEDNESday, 12 December 2018

FILE NO/S APPL 74 OF 2017

CITATION NO. 2018 WAIRC 00890

Result Award varied

Representation

Applicant Ms K Hunter (of counsel)

Respondent Mr K Richardson (as agent)

Order

HAVING heard from Ms K Hunter (of counsel) on behalf of the applicant and Mr K Richardson (as agent) on behalf of a respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby orders –

THAT the Building Trades (Construction) Award 1987 be varied in accordance with the following schedule and that such variation shall have effect from the first pay period on or after today’s date.

Further, the Commission records the following basis for the variations:

1. The Key Minimum Classification in this Award is the classification contained at clause 8(2)(a)(i), being ‘bricklayers, stoneworkers, stonemasons, carpenters, joiners, painters, signwriters, glaziers and plasterers roof tile fixers’.

2. For work related allowances, the percentage increase in:

• Clause 8 – Rates of Pay
• Clause 9 – Special Rates and Provisions
• Clause 10 – Multi-Storey Allowance
• Appendix F – Asbestos Eradication
• Appendix G – Laser Equipment

is derived from:

• $29.00 divided by $622.30 multiplied by 100 equals  4.66 % (2008);
• $12.30 divided by $651.30 multiplied by 100 equals  1.89% (2009);
• $17.50 divided by $663.60 multiplied by 100 equals  2.64% (2010);
• $19.90 divided by $681.10 multiplied by 100 equals  2.92% (2011);
• State wage order increase of     3.40% (2012);
• $18.20 divided by $724.80 multiplied by 100 equals  2.51% (2013);
• $20.00 divided by $743.00 multiplied by 100 equals  2.69% (2014);
• State wage order increase of     2.10% (2015); and
• $13.00 divided by $779.00 multiplied by 100 equals  1.67% (2016):

which is in accordance with Principle 6 – Adjustment of Allowances and Service Increments of the Statement of Principles, specifically 6.4, which states:

In circumstances where the Commission has determined that it is appropriate to adjust existing allowances relating to working conditions which have not changed and service increments for a monetary safety net increase, the method of adjustment shall be that such allowances and service increments should be increased by a percentage derived as follows: divide the monetary safety net increase by the rate of for the key classification in the relevant award immediately prior to the application of the safety net increase to the award rate and multiply by 100.

3. For expense related allowances, the percentage increase in:

 (I)

• Clause 8(6) – Tool Allowance
• Clause 32(5)(b) – Special Tools and Protective Clothing; and
• Clause 33(2)(a) – Compensation for Clothes and Tools

is derived from the percentage change in the current ABS 6401.0 CPI tables 1 and 2 Index Numbers; All groups CPI; Australia for the period of December 2007 to December 2016 giving a percentage increase of 23.46%. That is:  

   = 23.46%

(II)

• Clauses 12A(2), 12A(5) and 12A(11) – Fares and Travelling (Except Plumbers)
• Clauses 12B(2), 12B(3) and 12B(5) – Fares and Travelling (Plumbers Only); and
• Clause 21(6)(a) -  Living Away from Home – Distant Work

is derived from the percentage change in the current ABS 6401.0 CPI table 7 Index Numbers; Transport; Australia for the period of December 2007 to December 2016 giving a percentage increase of 5.86%. That is:

  = 5.86%

(III)

• Clause 20 – Metal Allowance; and
• Clause 21(4)(a)(iii) – Living Away from Home – Distant Work

is derived from the percentage change in the current ABS 6401.0 CPI table 7 Index Numbers; Meals out and take away foods; Australia for the period of December 2007 to December 2016 giving a percentage increase of 27.73%. That is:

   = 27.73%

(IV)

• Clause 21(3)(b) – Living Away from Home – Distant Work

is derived from the percentage change in the current ABS 6401.0 CPI table 7 Index Numbers; Holiday travel and accommodation; Australia for the period of December 2007 to December 2016 giving a percentage increase of 12.98%. That is:

  = 12.98%

(V)

• Clause 21(7)(b) – Camping Allowance

is derived from the average of the percentage change in the current ABS 6401.0 CPI table 7 Index Numbers; Food and non-alcoholic beverages; Australia, Index Numbers; Housing; Australia and Index Numbers; Transport; Australia for the period of December 2007 to December 2016 giving a percentage increase of 21.82%. That is:

(i)                 CPI - Index Numbers; Food and non-alcoholic beverages; Australia

        (Dec 2007 – 88.9, Dec 2016 - 106.2)  

(ii)               CPI - Index Numbers; Housing; Australia

               (Dec 2007 – 81.3, Dec 2016 – 115.9)

(iii)            CPI - Index Numbers; Transport; Australia

                (Dec 2007 – 93.9, Dec 2016 – 99.4)

       = 21.82%

4. For the list of named respondents to the award at Schedule B, the following respondents have changed their business name, or trade under a different name:

Named respondent in Schedule B Respondent’s current name

Belmont Shire Council  City of Belmont

D'Alesio M  M & A D’Alesio

Gill Neil F  Neil Francis Gill

Kalgoorlie Town Council  City of Kalgoorlie-Boulder

Midland Cement Products  Midland Cement Group

Parri Guido  G & M Parri

Perth City Council  City of Perth

Siesta Park Tourist Resort  Siesta Park Holiday Resort

The Blue Army  Blue Army Co-Operative Limited

The Master Plumbers' Association of WA  Master Plumbers & Gasfitters

(Union of Employers)  Association of Western Australia

5. For the list of named respondents to the award at Schedule B, the following respondents have been deregistered or had their business names removed:

Named respondent in Schedule B  Date of deregistration (where                                                                                       provided to the Commission)

Adsigns Pty Ltd   20/05/2009

Arcus Pty Ltd   04/09/2006

Best and Son Holding Pty Ltd   26/04/2010

Bonanza Reinforcing   19/06/1990

Brambles Manford   -

Bric-Bloc Constructions Pty Ltd   14/12/1992

Busby W F and Co   -

Cataldo   -

Colour Circle Pty Ltd   -

Coogee Painting Services   -

CS Roofing   -

D’Ercole and Co   -

Doro Painting Contractors   -

Doust H A Pty Ltd   21/01/2018

Ellis Concrete Construction   -

Fairway Painting Contractors   -

Forster J V and P A   -

Fremantle Sheeting Piping Contractors   -

G Wickhams   -

Geraldton Building Co (Port Hedland)  21/12/2003

Pty Ltd

GKN Lysaght Pty Ltd   -

Henk and Co   -

Interform Pty Ltd   24/06/1993

Interstruct Pty Ltd   25/06/1997

Iris Painting Co Pty Ltd   24/06/1993

J and K Reinforcings Pty Ltd   12/08/2007

J H and A L Mitchell and Co   05/06/2005

Jaco Painting   -

Jason Industries Ltd   13/02/2010

Jeb Scaffolding Co   -

K Vilips and Co Pty Ltd   02/07/1991

M Kilgren and Co   30/03/1995

M Silver and Son Pty Ltd   09/03/1992

Marblecrete Co   -

Maric and Co Painters   -

Mount Lawley Concrete Co Pty Ltd   -

Olsen Constructions   -

Osborne Terrazzo Pty Ltd   07/07/1995

Paul’s Outdoor Leisure Centre   -

Peel Estate Builders   -

Peter Excavation and Demolition   -

R and J Roofing and Repairs   -

Regency Décor   -

Road Marking Specialists   -

Sabemo (WA) Pty Ltd   21/02/2011

Shaft Airconditioning Co   -

Squeez Crete Pump Hire   -

Stegbar (WA) Pty Ltd   21/12/2003

Swan Irrigation   -

Swan Plumbing Service Pty Ltd   21/12/1990

Tarten Painting Contractors   -

The Tercon Co Pty Ltd   -

The Patio Makers   -

The Wallpaper House   -

Thompson Watson and Carruthers   -

WA Salvage Demolition Pty Ltd   18/08/1993

Wallpaper World and Furnishing Fabrics  -

Wattle Grove Painting Services   -

West Australian Insulation Co   -

West Swan Formwork Pty Ltd   27/02/1998

6. For the list of named respondents to the award at Schedule B, the following respondents are national system employers for the purposes of the Fair Work Act 2009 (Cth):

All Ready Surfacing Co Pty Ltd

Apollo Construction (Apollo Construction & Renovation Pty Ltd)

Associated Shopfitters Pty Ltd

Austral Insulation Pty Ltd (Askin (WA) Pty Ltd)

Baker A J and Sons Pty Ltd

Bell Brothers Pty Ltd

Bestobell (Bestobell Developments Pty Ltd)

Bond Corporation Pty Ltd

Citra Constructions Pty Ltd

 Civil and Civic Pty Ltd (Lend Lease Building Pty Ltd)

 Clarity Screen Print (Oaktree Nominees Pty Ltd)

 Community Builders Pty Ltd

 Contrax (1945) Pty Ltd

Crommelin Chemicals Pty Ltd

DBM Contractors Pty Ltd

Diploma Homes (Diploma Constructions (WA) Pty Ltd)

Electric Power Transmission (ABB EPT Construction Pty Ltd)

Hardie James and Co Pty Ltd (Amaca Pty Ltd)

Hart S W and Co Pty Ltd

John Holland (Constructions) Pty Ltd

Hugall and Hoile Pty Ltd

Hunter Douglas Ltd

Hurll J Norman and Co (Aust) Pty Ltd (Hurll Nu-Way Pty Ltd)

Industrial Roofing Contractors Kounis Pty Ltd (Kounis Metal Industries Pty Ltd)

Leighton Contractors Pty

Lidco Distributors (WA) Pty Ltd

Lyons and Peirce Pty Ltd

Modular Metals Pty Ltd

O’Donnell Griffin Pty Ltd (RCR O'Donnell Griffin Pty Ltd)

Perth Outdoor Centre Pty Ltd

Roy Galvin and Co Pty Ltd

Springdale Comfort Pty Ltd (BGC Construction Pty Ltd)

Stateside Hire and Site Services Pty Ltd (Aramco Pty Ltd)

Steel Main Pty Ltd

Thiess Bros Pty Ltd

Transfield (WA) Pty Ltd

M T Vocisano Nominees Pty Ltd

WA Gravel and Paving Pty Ltd (Downer EDI Works Pty Ltd)

Western Irrigation Pty Ltd

Coote A D and Co (A.D. Coote & Co Pty Ltd)

Commissioner T Emmanuel

SCHEDULE

1. Clause 8 – Rates of Pay

A. Delete subclause (3) of this clause and insert in lieu the following:

(3) Industry Allowance

The industry allowance at the rate of $30.00 per week to be paid to each employee is to compensate for the following disabilities associated with construction work:-

(a) Climate conditions when working in the open on all types of work.

(b) The physical disadvantage of having to climb stairs or ladders.

(c) The disability of dust blowing in the wind, brick dust and drippings from concrete.

(d) Sloppy and muddy conditions associated with the initial stages of the erection of a building.

(e) The disability of working on all types of scaffolding or ladders other than a swing scaffold, suspended scaffold, or a bosun's chair.

(f) The lack of the usual amenities associated with factory work (e.g.  meal rooms, change rooms, lockers).

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

(6) Tool Allowance

Tool allowances shall be paid to tradesmen as prescribed hereunder:-

C. Delete subclause (8) of this clause and insert in lieu the following:

(8) Underground Allowance

(a) (i) Subject to paragraph (b) hereof, an employee required to work underground shall be paid an allowance of $14.40 per week in addition to the allowance prescribed in subclause (3) of this clause and any other amount prescribed for such employee elsewhere in this award.

(ii) Where a shaft is to be sunk to a depth greater than six metres the payment of the underground allowance shall commence from the surface.

(iii) This allowance shall not be payable to an employee engaged upon "pot and drive" work at a depth of 3.5 metres or less.

(b) Where an employee is required to work underground for no more than four days or shifts in any ordinary week he/she shall be paid an underground allowance in accordance with the provisions of paragraph (t) of subclause (1) of Clause 9. - Special Rates and Provisions in lieu of the allowance prescribed in paragraph (a) hereof.

D. Delete the preamble to subclause (9) of this clause and insert in lieu the following:

(9) Plumbing Trade Allowance

Plumbers shall be paid an allowance at the rate of $23.70 per week to compensate for the following classes of work and in lieu of the relevant amounts in Clause 9. - Special Rates and Provisions whether or not such work is performed in any one week.  When working outside the categories listed hereunder, a plumber shall receive the appropriate rates provided for in the said Clause 9. - Special Rates and Provisions.

E. Delete subclauses (10) to (14) inclusive of this clause and insert in lieu the following:

(10) Leading Hands

(a) A person specifically appointed to be a leading hand shall be paid at the rate of the undermentioned additional amounts above the rate of the highest classification supervised, or his/her own rate, whichever is the highest, in accordance with the number of persons in his/her charge:-

(b) The hourly rate prescribed in paragraph (a) hereof is calculated to the nearest cent (less than half a cent to be disregarded) by multiplying the weekly base amount by 52 and dividing the result by 50.4 and by dividing the amount by 38.

(11) Licensed Plumbers Accepting Responsibility

Any licensed plumber called upon by his/her employer to use the licence issued to him/her by the Metropolitan Water Supply, Sewerage and Drainage Board for a period in any week - $46.40 for that week.

(12) Plumber Acting on Welding Certificate

A plumber who is requested by his/her employer to hold the relevant qualifications and has obtained a certificate of competency pursuant to procedures as set out by the Standards Association of Australia or other relevant recognised codes, or, who may have to carry out work which is subject to other special tests but not a normal trade test, and is required by his/her employer to act on such qualifications, shall be paid an additional 61 cents per hour for oxyacetylene welding and 61 cents per hour for electric welding for every hour of his/her employment whether or not he/she has in any hour performed work relevant to those qualifications held.

(13) Lead Work

A plumber engaged in leadburning or lead work in connection therewith shall be paid an additional $2.08 per hour.

(14) Ship's Plumbing

A plumber engaged on plumbing work in connection with ships shall be paid an additional $1.45 per hour.

2. Clause 9 – Special Rates and Provisions:

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

(1) In addition to the rates otherwise prescribed in this Award, the following rates shall be payable to employees covered by the said Award:

(a) Insulation

An employee handling charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool, limpet fibre, vermiculite or other recognised insulating material of a like nature or working in the immediate vicinity so as to be affected by the use thereof 82 cents per hour or part thereof.

(b) Hotwork

An employee who works in a place where the temperature has been raised by artificial means to between 46 degrees and 54 degrees Celsius - 67 cents per hour or part thereof, exceeding 54 degrees celsius - 82 cents per hour or part thereof.

Where such work continues for more than two hours, the employee shall be entitled to 20 minutes rest after every two hours work without loss of pay, not including the special rate provided by this paragraph.

(c) Cold Work

An employee who works in a place where the temperature is lowered by artificial means to less than zero degrees Celsius shall be paid 67 cents per hour.

Where such work continues for more than two hours, the employee shall be entitled to 20 minutes rest after every two hours work without loss of pay, not including the special rate provided by this paragraph.

(d) Confined Space

An employee required to work in a confined space shall be paid 82 cents per hour or part thereof.

  ("Confined Space" means a place the dimensions or nature of which necessitate working in a cramped position or without sufficient ventilation.)

(e) Swing Scaffold -

(i) an employee required to work from any type of swing or any scaffold suspended by rope or cable, bosun's chair, or suspended scaffold requiring use of steel or iron hooks or angle irons shall be paid the appropriate allowance set out below corresponding to the storey level at which the anchors or bracing, from which the stage is suspended, has been erected.

Such allowance shall be paid for minimum of four hours' work or part thereof until construction work (as defined) has been completed.

Provided that an apprentice with less than two years' experience shall not use a swing scaffold or bosun's chair, and further provided that solid plasterers when working off a swing scaffold shall receive an additional 12 cents per hour.

(f) Explosive Powered Tools

An operator of explosive powered tools, as defined in this award, who is required to use an explosive powered tool, shall be paid $1.65 for each day on which he/she uses such a tool.

(g) Wet Work

An employee working in any place where water is continually dripping on him/her so that clothing and boots become wet, or where there is water underfoot, shall be paid 67 cents per hour whilst so engaged.

(h) Dirty Work

An employee engaged on unusually dirty work shall be paid 67 cents per hour.

(i) Towers Allowance

An employee working on a chimney stack, spire, tower, radio or television mast or tower, air shaft (other than above ground in a multi-storey building), cooling tower or silo, where the construction exceeds fifteen metres in height shall be paid 67 cents per hour for all work above fifteen metres, and 67 cents per hour for work above each further fifteen metres.

Provided that any similarly constructed building, or a building not covered by Clause 10. - Multi-Storey Allowance, which exceeds 15 metres in height may be covered by this subclause, or by that clause by agreement or where agreement is not reached, by determination of the Commission.

(j) Toxic Substances

(i) An employee required to use toxic substances shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials.

(ii) Employees using such materials will be provided with and shall use all safeguards as are required by Clause 29. - Protection of Employees and the appropriate Government authority or in the absence of such requirement such safeguards as are defined by a competent authority or person chosen by the union and the employer.

(iii) Employees using toxic substances or materials of a like nature shall be paid 82 cents per hour.  Employees working in close proximity to employees so engaged shall be paid 67 cents per hour.

(iv) For the purpose of this paragraph toxic substances shall include epoxy based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.

(k) Fumes

An employee required to work in a place where fumes of sulphur or other acid or other offensive fumes are present shall be paid such rates as are agreed upon between him/her and the employer; provided that, in default of agreement, the matter may be referred to a Board of Reference for the fixation of a special rate. 

Any special rate so fixed shall apply from the date the employer is advised of the claim and thereafter shall be paid as and when the fume condition occurs.

(l) Asbestos

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 and where such safeguards include the mandatory wearing of protective equipment (i.e. combination overalls and breathing equipment or similar apparatus) shall be paid 82 cents per hour extra whilst so engaged.

(m) Furnace Work

An employee engaged in the construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work shall be paid $1.78 per hour.  This additional rate shall be regarded as part of the wage rate for all purposes.

(n) Acid Work

An employee required to work on the construction or repairs to acid furnaces, acid stills, acid towers and all other acid resisting brickwork shall be paid $1.78 per hour.  This additional rate shall be regarded as part of the wage rate for all purposes.

(o) Cleaning Down Brickwork

An employee required to clean down bricks using acids or other corrosive substances shall be paid 61 cents per hour.  While so employed employees will be supplied with gloves by the employer.

(p) Bagging

Employees engaged upon bagging brick or concrete structures shall be paid 61 cents per hour.

(q) Bitumen Work

An employee handling hot bitumen or asphalt or dipping materials in creosote shall be paid 82 cents per hour.

(r) Roof Repairs

Employees engaged on repairs to roofs shall be paid 82 cents per hour.

(s) Computing Quantities

Employees who are regularly required to compute or estimate quantities of materials in respect to the work performed by other employees shall be paid $4.85 per day or part thereof.

Provided that this allowance shall not apply to an employee classified as a leading hand.

(t) Underground Allowance

(i) An employee required to work underground for no more than 4 days or shifts in an ordinary week shall be paid $2.85 a day or shift in addition to any other amount prescribed for such employees elsewhere in this award.

Provided that an employee required to work underground for more than four days or shifts in an ordinary week shall be paid an underground allowance in accordance with the provisions of subclause (8) of Clause 8. - Rates of Pay.

(ii) Where a shaft is to be sunk to a depth greater than 6 metres the payment of the underground allowance shall commence from the surface.

(iii) This allowance shall not be payable to employees engaged upon "pot and drive" work at a depth of 3.5 metres or less.

(u) Plumbing

(i) A plumber doing sanitary plumbing work or repairs to sewer drainage or waste pipe services in any of the following places -

(aa) Infectious and contagious diseases hospitals or any block or portion of a hospital used for the care of or treatment of patients suffering from any infectious or contagious disease; or

(bb) Morgues:

shall be paid 61 cents per hour or part thereof.

(ii) A plumber required to enter a well 9 metres or more in depth for the purpose in the first place of examining the pump, pipe or any other work connected therewith shall be paid $2.88 for such examination and $1.29 per hour thereafter for fixing, renewing or repairing such work.

(iii) A plumber or an apprentice to plumbing, other than one in his/her first or second year of apprenticeship, on work involving the opening up of house drains or waste pipes for the purpose of clearing blockages or for any other purpose or on work involving the cleaning out of septic tanks or dry wells shall be paid a minimum of $3.60 per day.

(v) (a) An employee who:

(i) is appointed by his or her employer to be responsible for carrying out first aid duties as they may arise; and

(ii) holds a recognised first aid qualification (as set out hereunder) from the Australian Red Cross Society, St John Ambulance Association or similar body; and

(iii) is required by his or her employer to hold a qualification at that level; and

(iv) the qualification satisfies the relevant statutory requirement pertaining to the provision of first-aid services at the particular location where the employee is engaged;

(v) those duties are in addition to his or her normal duties, recognising what first aid duties encompass by definition;

shall be paid at the following additional rates to compensate that person for the additional responsibilities, skill obtained, and time spent acquiring the relevant qualifications;

(A) an employee who holds the Basic First Aid certificate or equivalent qualification recognised under the Occupational Safety and Health Act 1984 - $2.80 per day; or

(B) an employee who holds at least a Senior First Aid certificate, Industrial First Aid certificate or equivalent, or higher qualification recognised under the Occupational Safety and Health Act 1984 - $4.45 per day.

(b) In payment of an allowance under this clause, a person shall be paid only for the level of qualification required to be held, and there shall be no double counting for employees who hold more than one qualification.

(c) An employer shall be under no obligation to provide paid training leave or other payment of any kind to employees to acquire or update first aid qualifications.

(w) Heavy Blocks

(i) Employees lifting other than standard bricks

An employee required to lift blocks (other than cindcrete blocks for plugging purposes) shall be paid the following additional rates:

Where the blocks weigh over 5.5 kg and under 9 kg - 67 cents per hour. 

Where the blocks weigh 9 kg or over and up to 18 kg - $1.20 cents per hour. 

Where the blocks weigh over 18 kg – $1.70 cents per hour. 

An employee shall not be required to lift a building block in excess of 20 kg in weight unless such employee is provided with a mechanical aid or with an assisting employee; provided that an employee shall not be required to manually lift any building block in excess of 20 kg in weight to a height of more than 1.2 metres above the working platform.

Provided that this subclause shall not apply to employees being paid the extra rate for refractory work.

(ii) Stonemasonry Employees

The employer of stonemasonry employees shall provide mechanical means for the handling, lifting and placing of heavy blocks or pay in lieu thereof the rates and observe the conditions prescribed in paragraph (i) herein.

(x) Plaster or Composition Spray

An employee using a plaster or composition spray shall be paid an additional 67 cents per hour whilst so engaged.

(y) Slushing

An employee engaged at "Slushing" shall be paid 67 cents per hour.

(z) Dry Polishing of Tiles

Employees engaged on dry polishing of tiles (as defined) where machines are used shall be paid 82 cents per hour or part thereof.

(aa) Cutting Tiles

An employee engaged at cutting tiles by electric saw shall be paid 82 cents per hour whilst so engaged.

(bb) Second Hand Timber

Where, whilst working with second hand timber, an employee's tools are damaged by nails, dumps or other foreign matter on the timber he/she shall be entitled to an allowance of $2.60 per day on each day upon which his/her tools are so damaged, provided that no allowance shall be payable under this paragraph unless it is reported immediately to the employer's representative on the job in order that he/she may prove the claim.

(cc) Height Work - Painting Trades

An employee working on any structure at a height of more than 9 metres where an adequate fixed support not less than 0.75 metres wide is not provided, shall be paid 61 cents per hour in addition to ordinary rates.  This subclause shall not apply to an employee working on a bosun's chair or swinging stage. 

This provision shall not apply in addition to the Towers Allowance prescribed in paragraph (i) of this subclause.

(dd) Brewery Cylinders - Painters

A painter in brewery cylinders or stout tuns shall be allowed 15 minutes' spell in the fresh air at the end of each hour worked by him/her. 

Such 15 minutes shall be counted as working time and shall be paid for as such.  The rate for working in brewery cylinders or stout tuns shall be at the rate of time and one-half.  When an employee is working overtime and is required to work in brewery cylinders and stout tuns he/she shall, in addition to the overtime rates payable, be paid one half of the ordinary rate payable as provided by Clause 8. - Rates of Pay of this award.

(ee) Certificate Allowance

A tradesman who is the holder of a scaffolding certificate or rigging certificate issued by the Department of Industrial Affairs and is required to act on that Certificate whilst engaged on work requiring a certificated person shall be paid an additional 67 cents per hour.

Provided that this allowance shall not be payable cumulative on the allowance for swing scaffolds.

(ff) Spray Application - Painters

An employee engaged on all spray applications carried out in other than a properly constructed booth approved by the Department of Industrial Affairs shall be paid 67 cents per hour extra.

(gg) Bricklayer Operating Cutting Machine

One bricklayer on each site to operate the cutting machine and to be paid 82 cents per hour or part thereof whilst so engaged.

(hh) Spray Painting - Painters

(i) Lead paint shall not be applied by a spray to the interior of any building and no surface painted with lead paint shall be rubbed down or scraped by a dry process.

(ii) All employees (including apprentices) applying paint by spraying shall be provided with full overalls and head covering and respirators by the employer.

(iii) Where from the nature of the paint or substance used in spraying a respirator would be of little or no practical use in preventing the absorption of fumes or materials from substances used by an employee in spray painting, the employee shall be paid a special allowance of $1.95 per day.

(ii) Grindstone Allowance

Where a grindstone or wheel is not made available as required by Clause 32(5)(b) of the award, an allowance of $7.20 per week shall be paid in lieu of same to each Carpenter or Joiner.

3. Clause 10. – Multi-storey Allowance: Delete subclause (3) of this clause and insert in lieu the following:

(3) Rates For Multi-Storey Buildings

Except as provided for in subclause (4) of this clause, an allowance in accordance with the following table shall be paid to all employees on the building site.  The second and subsequent allowance scales shall, where applicable, commence to apply to all employees when one of the following components of the building - structural steel, re-inforcing steel, boxing or walls, rises above the floor level first designated in each such allowance scale.

"Floor Level" means that stage of construction which in the completed building would constitute the walking surface of the particular floor level referred to in the table of payments. 

From commencement of Building to Fifteenth Floor Level - 53 cents per hour extra;

From Sixteenth Floor Level to Thirtieth Floor Level - 66 cents per hour extra;

From Thirty-first Floor Level to Forty-fifth Floor Level - $1.02 cents per hour extra;

From Forty-sixth Floor Level to Sixtieth Floor Level - $1.29 per hour extra;

From Sixty-first Floor Level Onwards – $1.61 per hour extra. 

The allowance payable at the highest point of the building shall continue until completion of the building. 

The allowance payable at the highest point of the building shall continue until completion of the building.

4. Clause 12A – Fares and Travelling (Except Plumbers)

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

(2) Perth Metropolitan Radial Area

When employed on work located within a radius of 50 kilometres from the G.P.O.  Perth - $16.55 per day.

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

(5) Travelling Outside Radial Areas

Where an employee travels daily from inside any radial area mentioned in subclauses (2), (3) or (4) of this clause to a job outside that area, he/she shall be paid :-

(a) the allowance prescribed in subclause (2) of this clause;

(b) in respect of travel from the designated radius to the job and return to that radius -

(i) the time outside ordinary working hours reasonably spent in such travel calculated at ordinary hourly "on site" rates to the next quarter of an hour with a minimum payment of one-half an hour per day for each return journey;

(ii) any expenses necessarily incurred in such travel, which shall be 48 cents per kilometre where the employee uses his/her own vehicle.

C. Delete subclause (11) of this clause and insert in lieu the following:

(11) Transfer During Working Hours

An employee transferred from one site to another during working hours shall be paid for the time occupied in travelling and, unless transported by the employer, shall be paid reasonable cost of fares by most convenient public transport between such sites. 

Where an employer requests an employee to use his/her own vehicle to effect such a transfer and the employee agrees to do so the employee shall be paid an allowance at the rate of 90 cents per kilometre.

5. Clause 12B – Fares and Travelling – Plumbers Only

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

(2) Travel beyond defined radius

When working on jobs beyond the defined radius from the centre (as defined) the fares as defined and one quarter of an hour travelling time plus an allowance for travelling time calculated at the ordinary time rate of pay for the time required to travel to the job site and back from and to the defined radius and calculated at a speed not exceeding the legal speed limit and with a minimum payment of a quarter of an hour for each such journey. 

Where an employee provides his/her own transport, an additional allowance of 48 cents per kilometre shall be payable for the distance involved in travelling beyond the defined radius and return thereto, which shall compensate for any fares incurred by public transport

B. Delete subclause (3) of this clause and insert in lieu the following:

(3) Transport During Working Hours

Where an employee is required by an employer to travel to any other job site during the course of his/her daily engagement he/she shall be paid all fares necessarily incurred except where transport is provided by the employer to and from such site, and all time spent in such travel shall be regarded as time worked. 

Provided that where an employer requests an employee to use his/her own car to effect such a transfer and such employee agrees to do so the employee shall be paid an allowance at the rate of 90 cents per kilometre.

C. Delete subclause (5) of this clause and insert in lieu the following:

(5) Definitions:

(a) Radius and Fares:-

The radius shall be 50 kilometres and the fares shall be $10.80 per day.

(b) Centre for Employment:

(i) The employer's normal base establishment or workshop; or

(ii) The G.P.O.  Perth for all employers whose base establishment or workshop is within the defined radius from the said G.P.O.; or

(iii) The local Post Office closest to the employer's establishment or workshop beyond the defined radius of the G.P.O.  Perth.

(iv) In the case of an employee sent to distant work (as defined) the place at which such employee is domiciled with the approval of their employer, for that distant work.

(v) An employer having selected (i), (ii) or (iii) hereof as the centre shall not change that centre without one month's prior notice to each employee.

6. Clause 20 – Meal Allowance: Delete this clause and insert in lieu the following:

An employee required to work overtime for at least one and a half hours after working ordinary hours inclusive of any time worked for accrual purposes as prescribed in clauses 13(1) or 18(4) shall be paid by his/her employer an amount of $14.70 to meet the cost of a meal.

Provided that this clause shall not apply to an employee who is provided with reasonable board and lodging or who is receiving a distant work allowance in lieu thereof as provided for in subclause (3) of Clause 21. - Living Away From Home - Distant Work and is provided with a suitable meal.

7. Clause 21 – Living Away From Home – Distant Work:

A. Delete subclause (3) of this clause and insert in lieu the following:

(3) Entitlement

Where an employee qualifies under subclause (1) of this clause the employer shall either:-

(a) Provide the employee with reasonable board and lodging; or

(b) Pay an allowance of $454.40 per week of seven days but such allowance shall not be wages.  In the case of broken parts of the week occurring at the beginning or ending of employment on a distant job the allowance shall be $65.00 per day.

Provided that the foregoing allowances shall be increased if the employee satisfies the employer that he/she reasonably incurred a greater outlay than that prescribed.  In the event of disagreement the matter may be referred to a Board of Reference for determination; or

(c) in circumstances prescribed in subclause (7) of this clause, provide camp accommodation and messing constructed and maintained in accordance with subclause (10) of this clause.

"Reasonable board and lodging" shall mean lodging in a well kept establishment with three adequate meals each day, adequate furnishings, good bedding, good floor coverings, good lighting and heating and with hot and cold running water, in either a single room or a twin room if a single room is not available.

B. Delete subclause (4) of this clause and insert in lieu the following:

(4) Travelling Expenses

An employee who is sent by his/her employer or selected or engaged by an employer or agent to go to a job which qualifies him/her to the provision of this clause shall not be entitled to any of the allowances prescribed by Clause 12A. - Fares and Travelling (Except Plumbers) covered by this Award, and Clause 12B. - Fares and Travelling Time - Plumbers Only, of this award for the period occupied in travelling from his/her usual place of residence to the distant job, but in lieu thereof shall be paid:

(a) Forward Journey -

(i) For the time spent in so travelling, at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities).

(ii) For the amount of a fare on the most common method of public transport to the job (bus, economy air, second class rail with sleeping berths if necessary, which may require a first class rail fare), and any excess payment due to transporting his/her tools if such is incurred.

(iii) For any meals incurred while travelling at $14.75 per meal.

Provided that the employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues his/her employment within two weeks of commencing on the job and who does not forthwith return to his/her place of engagement.

C. Delete subclause (6) of this clause and insert in lieu the following:

(6) (a)  Weekend Return Home: An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or his/her representative, no later than Tuesday of each week, of his/her intention to return to his/her usual place of residence at the weekend and who returns to his/her usual place of residence for the weekend, shall be paid an allowance of $33.60 for each occasion

(b) Paragraph (a) of this subclause shall not apply to an employee who is receiving the payment prescribed in subclause (3) of this clause in lieu of board and lodging being provided by the employer or who is receiving a camping allowance as prescribed in paragraph (b) of subclause (7) of this clause.

(c) When an employee returns to his/her usual place of residence for a weekend or part of a weekend and does not absent himself/herself from the job for any of the ordinary working hours, no reduction of the allowance prescribed in paragraph (b) of subclause (3) of this clause shall be made.

D. Delete subclause (7) of this clause and insert in lieu the following:

(7) Construction Camps

(a) Camp Accommodation

Where an employee is engaged on the construction of projects which are located in areas where suitable board and lodging as defined in subclause (3) of this clause is not available, or where the size of the workforce is in excess of the available accommodation or where continuous concrete pour requirements of the project or the working shifts necessitate camp accommodation and where, because of these circumstances, it is necessary to house the employees in a camp, such camp shall be constructed and maintained in accordance with subclause (10) of this clause.

(b) Camping Allowance: An employee living in a construction camp where free messing is not provided shall receive a camping allowance of $194.70 for every complete week he/she is available for work.  If required to be in camp for less than a complete week he/she shall be paid $27.95 per day including any Saturday or Sunday if he/she is in camp and available for work on the working days immediately preceding and succeeding each Saturday and Sunday.  If an employee is absent without the employer's approval on any day, the allowance shall not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance shall not be payable for the Saturday or Sunday.

(c) Camp Meal Charges

Where a charge is made for meals in a construction camp, such charge shall be fixed by agreement between the parties.

8. Clause 32 – Special Tools and Protective Clothing: Delete subclause (5) of this clause and insert in lieu the following:

(5) Carpenters and Joiners

(a) The employer shall provide the following tools when they are required on the job:

Dogs and cramps of all descriptions, bars of all descriptions, augers of all sizes, bits not ordinarily used in a brace, all hammers except claw hammers, glue pots and brushes, dowel plates, trammels, hand and thumb screws, soldering irons, spanners from 19mm upwards, and all power driven tools and machines on construction jobs.

(b) The employer shall make available, during working hours, a suitable grindstone or wheel together with power (hand or mechanically driven) for turning it.  If a grindstone or wheel is not made available the employer shall pay to each carpenter or joiner $6.80 per week in lieu of same.

9. Clause 33 – Compensation for Clothes and Tools: Delete subclause (2) of this clause and inset in lieu the following:

(2) (a) An employee shall be reimbursed by his/her employer to a maximum of $1,795.00 for loss of tools or clothes by fire or breaking and entering whilst securely stored at the employer's direction in a room or building on the employer's premises, job or workshop or in a lock-up as provided in this award or if the tools are lost or stolen whilst being transported by the employee at the employer's direction, or if the tools are accidentally lost over water or if tools are lost or stolen during an employee's absence after leaving the job because of injury or illness.

Provided that an employee transporting his/her own tools shall take all reasonable care to protect those tools and prevent theft or loss

(b) Where an employee is absent from work because of illness or accident and has advised the employer in accordance with Clause 23.- Sick Leave the employer shall ensure that the employee's tools are securely stored during his/her absence.

10. Appendix F – Asbestos Eradication: Delete the text of clause 5 of this Appendix and insert in lieu the following:

In addition to the rates prescribed in this award, an employee engaged in asbestos eradication (as defined) shall receive $2.25 per hour worked in lieu of Special Rates prescribed in Clause 9(1) with the exception of subclauses (b), (c), (e), (x), (ab) and (af).

11. Appendix G – Laser Equipment: Delete the text of clause 4 of this Appendix and insert in lieu the following:

Where an employee has been appointed by his employer to carry out the duties of a laser safety officer he shall be paid an allowance of $2.75 per day or part thereof whilst carrying out such duties.  The allowance shall be paid as a flat amount without attracting any premium or penalty.

12. Schedule B – Respondents: Delete the text of this schedule and insert in lieu the following:

Aurora Painting

Belmont Salvage Yard

Bergen C and Co

Blue Army Co-Operative Limited

Chiricosta C and T

City of Belmont

City of Kalgoorlie-Boulder

City of Perth

City of Stirling

Construction Contractors Association of Western Australia

Crystal Plumbing

De Santis T and R

G & M Parri

M & A D’Alesio

Midland Cement Group

Neil Francis Gill

Scotch Signwriting Service

Siesta Park Holiday Resort

Spectrum Painting Service

St James Painting Service

Subiaco Painting Service

The Master Builders’ Association of WA (Union of Employers)

The Master Painters’, Decorators’ and Signwriters’ Association of WA, Industrial Union of Employers

The Master Plasterers’ Association of WA (Union of Employers)

The Master Plumbers and Gasfitters Union of Western Australia