2019 WAIRC 00219
APPLICATION TO VARY THE ENGINE DRIVERS' MINERALS PRODUCTION (SALT) INDUSTRY AWARD, 1970 TO ENSURE THAT PAYMENT OF WAGES FOR HOURS IN EXCESS OF 38 PER WEEK COMPLIES WITH STATUTORY MINIMUM REQUIREMENTS
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES COMMISSION'S OWN MOTION
APPLICANT
-V-
(NOT APPLICABLE)
RESPONDENT
CORAM CHIEF COMMISSIONER P E SCOTT
DATE FRIDAY, 10 MAY 2019
FILE NO/S APPL 33 OF 2018
CITATION NO. 2019 WAIRC 00219

Result Award varied


Order
HAVING heard Dr T Dymond on behalf of UnionsWA, Mr K Black on behalf of Chamber of Commerce and Industry WA and Mr B Entrekin on behalf of the Minister for Commerce and Industrial Relations, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979, and by consent, hereby orders -

THAT the Engine Drivers' Minerals Production (Salt) Industry Award, 1970 be varied in accordance with the following Schedule and that such variations shall have effect from the beginning of the first pay period commencing on or after Friday, 10 May 2019.




CHIEF COMMISSIONER P E SCOTT



SCHEDULE

Clause 26 – Wages: Delete this clause and insert the following in lieu thereof:

26. - WAGES

An employer on whom this award (or industrial agreement) is binding shall not increase the rate of wage payable to an employee on the 5th February, 1988 or otherwise vary the conditions of employment applicable to an employee on that date so as to increase that employer's labour costs except to the extent that any such increase has been authorised by the Commission after that date.

The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

(1) The minimum rates of wages payable to workers covered by this award shall be:

Classification:
Total Wage Rate $
(a) Turbine Driver
765.20
(b) Steam Engine Drivers -

(i) whose work requires 1st or 2nd class certificate
765.20
(ii) whose work requires a 3rd class certificate
765.20
(c) Internal Combustion Engine Drivers -

(i) 180 kw brake power or over
765.20
(ii) 35 kw brake power or over but under 180 kw brake power
765.20
(iii) under 35 kw brake power
765.20
(d) Electric Motor Attendant -

(i) on motors over 180 kw power
765.20
(ii) on motors 70 kw power to 180 kw power incl
765.20
(iii) on motors under 70 kw power
765.20
Where a worker attends to two or more motors he shall be paid at a rate calculated on the aggregate kw power of such motors NOTE: Kw power shall be that shown on the maker's name plate

(e) Greaser or Oiler
765.20
(f) Firemen

(i) attending one boiler
765.20
(ii) attending two or more boilers
765.20
Where two or more firemen are employed on one shift, one fireman shall be paid ten cents per shift extra.

(g) Trimmer
765.20
(h) Scotch Derrick Crane Driver
765.20
(i) Overhead electric crane driver who requires a certificate under the Inspection of Machinery Act
765.20
(j) Mobile Crane Driver -

(i) lifting capacity up to and including 5 t
765.20
(ii) lifting capacity over 5 t but not exceeding 10 t
765.20
(iii) lifting capacity over 10 t but not exceeding 20 t
765.20
(iv) lifting capacity over 20 t but not exceeding 40 t
765.20
(v) lifting capacity over 40 t but not exceeding 80 t
765.20
(vi) lifting capacity in excess of 80 t
765.20
(k) Excavator Driver -

(i) up to.5m3
765.20
(ii) over.5m3 and up to and including 2.25m3
765.20
(iii) over 2.5m3
765.20




(2)
Additions to wage rates prescribed in subclause (1) of this clause.





(a) An Engine Driver, Electric Motor Attendant or Fireman engaged as hereinafter specified shall have his wage increased as follows:-





(i) attending to refrigerating and/or air compressor or compressors
15.90




(ii) attending to an electric generator or dynamo exceeding 10 kw capacity
15.90




(iii) attending to switchboard where the generating capacity is 350 kw or over
4.90




(iv) an Engine Driver who attends a boiler or boilers
15.90




(b) Workers employed on boiler cleaning inside the boiler or flues or combustion chamber shall be paid an additional rate of $0.81 cents per hour whilst so engaged.




(3)
Subclauses (3) and (4) apply whenever a State Wage Case decision is issued by the Commission, increasing adult rates of pay in State awards by a flat dollar amount.




(4)
The State Wage Case increase is to be applied to adult weekly rates of pay in this award in accordance with the following formula:

Step 1: Divide the flat dollar increase by 38 (and round to the nearest cent)

Step 2: Multiply the figure calculated in Step 1 by 40

Example: The Commission awards an $18.00 per week increase to adult weekly rates of pay

Step 1 = $18.00 ÷38 = $0.47
Step 2 = $0.47 x 40 = $18.80

In this example adult weekly rates of pay would be increased by $18.80 per week.