2019 WAIRC 00224
APPLICATION TO VARY THE BUILDING AND ENGINEERING TRADES (NICKEL MINING AND PROCESSING) AWARD, 1968 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 41 OF 2018
CITATION NO. 2019 WAIRC 00224

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 Building and Engineering Trades (Nickel Mining and Processing) Award, 1968 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 44 – Wages: Delete the text of this clause and insert the following in lieu thereof:

44. - RATES OF PAY AND CLASSIFICATION DEFINITIONS

(1) Classification and Wage Rates - Kambalda and Leinster Nickel Operations

(a) Engineering Employees -

(i) Engineering Employees Grade 1 (EEG1)

Not defined in Kambalda.

(ii) Engineering Employees Grade 2 (EEG2)

Semi-skilled employee comparable to former classifications of battery attendant, pipe fitter, etc.

(iii) Engineering Employees Grade 3 (EEG3)

Indentured tradespersons who satisfy all regulatory requirements or an EEG2 who has achieved a practical level of competency as approved by some regulatory control.

(iv) Engineering Employees Grade 4 (EEG4)

Indentured tradespersons who continually demonstrate superior knowledge and ability and are capable of handling difficult problems without immediate supervision, and have obtained training in, and can practically apply various skills as previously appropriate to other specific trade areas.

e.g. Boilermaker with basic fitting skills including basic hydraulic and pneumatic fitting and vice versa.

(v) Engineering Employees Grade 5 (EEG5)

Indentured tradespersons who continually demonstrate superior knowledge and ability, and have achieved successful completion in relevant post-trade studies or courses, which enables them to apply multi-disciplinary skills as required including primary skills, and can competently work largely unsupervised.

e.g. A Fitter/Turner who acquires qualifications and training to competently act as a Diesel Fitter.

A Boilermaker who becomes competent at more detailed fitting such as balancing, aligning, fault detecting, etc.

(vi) Engineering Employees Grade 6 (EEG6)

Indentured tradespersons who possess the same qualities as an EEG5, and are also capable of supervising a large work group. Generally fulfils the duties as Assistant/Acting Supervisor and are therefore by appointment only.

Award Wages
Rate $
Arbitrated Safety Net Adjustments $
Total Rate $




EEG1
N/A


EEG2
324.80
440.40
765.20
EEG3
372.40
404.10
776.50
EEG4
389.40
405.10
794.50
EEG5
404.10
405.90
810.00
EEG6
426.90
411.80
838.70





The above new rates include allowance for the withdrawal of the multi-skilled over award payment. The above new rates for EEG4, EEG5 and EEG6 also include allowance for the withdrawal of the award leading hand rates 1, 2 and 3 respectively.

(b) Electrical Employees:-

(i) Electrical Employee Grade 1 (EEG1)

Not defined in Kambalda.

(ii) Electrical Employee Grade 2 (EEG2)

Semi-skilled employee comparable to former classifications such as battery fitter, linesperson (three years experience) etc.

(iii) Electrical Employee Grade 3 (EEG3)

A linesperson with more than three years experience or an indentured electrical fitter or installer.

(iv) Electrical Employee Grade 4 (EEG4)

An EEG3 who continually demonstrates superior knowledge and ability and is capable of handling difficult problems without immediate supervision and has obtained training in, and can practically apply various skills appropriate to other trades, or an indentured instrument fitter.

(v) Electrical Employee Grade 5 (EEG5)

An indentured electrical or instrumentation fitter/installer who has completed relevant post-trade courses conducing to cross-skilling of these disciplines, or an EEG4 who has obtained through experience and practice a high degree of competency in multi-disciplinary trade areas, and is capable of supervising work groups.

(vi) Electrical Employee Grade 6 (EEG6)

An Electrical Employee Grade 5 who is capable of supervising a large work group. Generally fulfils the duties as Assistant/Acting Foreperson is therefore by appointment only.

Award Wages
Rate $
Arbitrated Safety Net Adjustments $
Total Rate $




EEG1
N/A


EEG2
341.90
423.30
765.20
EEG3
372.40
404.10
776.50
EEG4
389.40
405.10
794.50
EEG5
404.80
405.90
810.70
EEG6
426.90
411.80
838.70





The above new rates include allowance for the withdrawal of the multi-skilled over award payment. The above new rates for EEG4, EEG5 and EEG6 also include allowance for the withdrawal of the award leading hand rates 1, 2 and 3 respectively.

(c) Building Employees -

(i) Building Employee Grade 1 (BEG1)

Not applicable at Kambalda Nickel Operations.

(ii) Building Employee Grade 2 (BEG2)

Not applicable at Kambalda Nickel Operations.

(iii) Building Employee Grade 3 (BEG3)

Indentured tradespersons who satisfy all regulatory requirements and who have achieved a practical level of competency as approved by some regulatory control.

(iv) Building Employee Grade 4 (BEG4)

Indentured tradespersons who continually demonstrate superior knowledge and ability and are capable of handling difficult problems without immediate supervision, and have obtained training in, and can practically apply various skills as previously appropriate to other specific trade areas.

(v) Building Employee Grade 5 (BEG5)

Indentured tradespersons who continually demonstrate superior knowledge and ability, and have achieved successful completion in relevant post-trade studies or courses, which enables them to apply multi-disciplinary skills as required including them primary skills, and can competently work largely unsupervised.

(vi) Building Employee Grade 6 (BEG6)

Indentured tradespersons who possess the same qualities as a BEG5, and are also capable of supervising a large work group. Generally fulfils the duties as assistant/acting supervisor and is therefore by appointment only.

Award Wages
Rate $
Arbitrated Safety Net Adjustments $
Total Rate $




BEG1
N/A


BEG2
N/A


BEG3
363.20
403.60
766.80
BEG4
376.70
404.40
781.10
BEG5
389.60
405.10
794.70
BEG6
413.80
406.40
820.20





The above new rates for BEG4, BEG5 and BEG6 also include allowance for the withdrawal of the award leading hand rates, 1, 2 and 3 respectively.

(2) Classification and Wage Rates - Windarra Nickel Project

(a) Engineering Employees -

(i) Engineering Employees Grade 1 (EEG1)

Newly appointed semi-skilled employees who have not yet shown the necessary site knowledge to be competent enough to move from area to area within the operation without assistance. An employee will not remain in this classification for more than three months. This is a new classification.

(ii) Engineering Employees Grade 2 (EEG2)

Semi-skilled employees who have been employed at the operation for more than three months and are comparable to the former classification of pipe fitter.

(iii) Engineering Employees Grade 3 (EEG3)

Indentured tradespersons who satisfy all regulatory requirements of Grade 2 employees and have who achieved practical levels of competency as approved by the regulatory authority.

(iv) Engineering Employees Grade 4 (EEG4)

Indentured tradespersons who continually demonstrate superior knowledge and ability and are capable of handling difficult problems without immediate supervision.

(v) Engineering Employees Grade 5 (EEG5)

Indentured tradespersons who continually demonstrate superior knowledge and ability, and have achieved successful completion in relevant post-trade studies or courses, which enables them to apply multi-disciplinary skills as required and can work largely unsupervised.

(vi) Engineering Employee Grade 6 (EEG6)

Indentured tradespersons who possess the same qualities as Grade 5 employees and are capable of organising and supervising a large work group. Generally fulfils the duties as Assistant/Acting Supervisor.

Award Wages
Rate $
Arbitrated Safety Net Adjustment $
Total Rate $




EEG1
302.00
463.20
765.20
EEG2
327.60
437.60
765.20
EEG3
363.20
403.60
766.80
EEG4
377.10
404.40
781.50
EEG5
384.20
404.80
789.00
EEG6
390.40
405.20
795.60





The above new rates include allowance for the withdrawal of the award leading hand rates 1, 2 and 3 respectively.

(b) Electrical Employee -

(i) Electrical Employee Grade 1 (EEG1)

Newly appointed semi-skilled employees who have not yet shown the necessary site knowledge to be competent enough to move from area to area within the operation without assistance. An employee will not remain in this classification for more than three months. This is a new classification.

(ii) Electrical Employee Grade 2 (EEG2)

Semi-skilled employees who have been employed at the operation for more than three months and are comparable to the former classification of battery fitter.

(iii) Electrical Employee Grade 3 (EEG3)

A linesperson with more than three years experience or an indentured electrical fitter or installer.

(iv) Electrical Employee Grade 4 (EEG4)

A Grade 3 employee who continually demonstrates superior knowledge and ability and is capable of handling difficult problems without immediate supervision or an indentured instrument fitter.

(v) Electrical Employee Grade 5 (EEG5)

An indentured electrical or instrument fitter/installer who has completed relevant post-trade courses conducive to cross-skilling of these disciplines, or a Grade 4 employee who has obtained through experience and practice a high degree of competency in multi-disciplinary trade areas.

(vi) Electrical Employee Grade 6 (EEG6)

A Grade 5 employee who is capable of supervising a large work group and generally fulfils the duties as assistant/acting foreman.

Award Wages
Rate $
Arbitrated Safety Net Adjustments $
Total Rate $




EEG1
302.00
463.20
765.20
EEG2
327.60
437.60
765.20
EEG3
363.20
403.60
766.80
EEG4
391.70
405.20
796.90
EEG5
404.80
405.90
810.70
EEG6
411.00
406.30
817.30





The above new rates include allowance for the withdrawal of the award leading hand rates.

(c) Building Employees -

(i) Building Employee Grade 1 (BEG1)

Not applicable at Windarra Nickel Project.

(ii) Building Employee Grade 2 (BEG2)

Not applicable at Windarra Nickel Project.

(iii) Building Employee Grade 3 (BEG3)

Indentured tradespersons who satisfy all regulatory requirements and who have achieved a practical level of competency as approved by some regulatory control.

(iv) Building Employee Grade 4 (BEG4)

Indentured tradespersons who continually demonstrate superior knowledge and ability and are capable of handling difficult problems without immediate supervision, and have obtained training in, and can practically apply various skills as previously appropriate to other specific trade areas.

Award Wages
Rate $
Arbitrated Safety Net Adjustments $
Total Rate $




BEG3
363.20
403.60
766.80
BEG4
376.70
404.40
781.10





The above new rate for BEG4 also include allowance for the withdrawal of the award leading hand rates 1, 2 and 3 respectively.

(3) 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.

(4) Apprentices:

Apprentices shall be paid the following percentage of tradespersons (EEG3) rate per week:-

Four year term -
%


First year
42
Second year
55
Third year
75
Fourth year
88


Three and a half year term -



First Six Months
42
Next year
55
Following year
75
Final year
88


Third year term -



First year
55
Second year
75
Third year
88

Apprentices shall also receive the above percentage rates of the District Allowance, Disability Allowance, Tool Allowance and Industry Allowance available to Tradespersons under this award.

(5) Tool Allowance

(a)
Bricklayers, Carpenters and Joiners, Plumbers or Painters shall be paid the following tool allowance:


$

Bricklayers
1.68

Carpenter and Joiners
3.13

Plumbers
2.33

Painters
0.71

This allowance includes an amount of five cents for the purpose of enabling employees to insure their tools against loss or damage by theft or fire and shall not be paid where the employer supplies employees with all necessary tools.

An employee in receipt of a tool allowance shall provide all necessary tools kept in suitable condition for the performances of the work.

An employee who fails to provide all such tools when required shall be guilty of a breach of this award and shall not be entitled to the tool allowance prescribed above until they comply with this provision.

(b) Metal Trades Employees:

Notwithstanding the previous provisions of this clause, a metal tradesperson, including an apprentice, to whom the employer does not supply all necessary tools, shall be paid an allowance of $11.70 per week.

A "tradesperson", for the purpose of this clause, shall be deemed to be an employee who is paid an equal rate of wage or higher than for the classification "Boilermaker".

(6) Leading Hands

In addition to the appropriate wage prescribed in this clause, a Leading Hand shall be paid –



$
(a)
If placed in charge of not less than 3 and not more than 10 other employees
21.10
(b)
If place in charge of more than 10 and not more than 20 other employees
31.70
(c)
If place in charge of more than 20 other employees
41.10

(7) Disabilities Allowance:

An employee employed outside of their shop on construction work shall for the time so employed be paid a disabilities allowance at the rate of $1.40 per week in addition to the prescribed rate.

(8) Industry Allowance:

(a) Each employee shall be paid an allowance of $93.20 per week.

(b) The allowance recognises, and is in payment for, all aspects of work in the industry, including the location and nature of individual operations within it.

(c) The allowance shall be paid in addition to the rate of wage set out in this clause and shall be paid for all purposes of the award.

(9) Casual Employees:

A casual employee shall be paid 20% in addition to the ordinary rate prescribed herein.

(10) Subclauses (10) and (11) 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.

(11) 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.
EDITOR’S NOTE:
Schedule Clause 44 – Wages(1)(a)(vi) line 7, (1)(b)(vi) line 6, (2)(a)(vi) line 6, (2)(a)(vi) line 7, (2)(b)(vi) line 5 and (2)(b)(vi) line 6 edited in accordance with Corrigendum 25 June 2019 [2019] WAIRC 00312.