2019 WAIRC 00228
APPLICATION TO VARY THE ENGINE DRIVERS' (GOLD MINING) CONSOLIDATED AWARD, 1979 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 50 OF 2018
CITATION NO. 2019 WAIRC 00228

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' (Gold Mining) Consolidated Award, 1979 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 14 – Casual Workers: Delete this clause and insert the following in lieu thereof:

14. - CASUAL WORKERS

Any worker dismissed through no fault of his own before the expiration of one week of his employment shall be considered casual and shall receive 20% above the rate specified for the work performed.


Schedule 1 – Wages: Delete this schedule and insert the following in lieu thereof:

SCHEDULE 1. - WAGES

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


Classification:
Award Base Rate $
ASNA $
Total $
(a)
Winding Engine Driver
356.70
408.50
765.20





(b)
Locomotive Engine Drivers on Mines
327.10
438.10
765.20





(c)
Excavators driven by electricity or internal combustion -




(i) up to 3/4 cubic yards
330.40
434.80
765.20

(ii) over 3/4 cubic yards
335.20
430.00
765.20





(d)
Drivers of suction gas and other internal combustion engines -




(i) if under 50 bhp
320.60
444.60
765.20

(ii) if 50 bhp or over
329.20
436.00
765.20





(e)
Drivers of suction gas and other internal combustion engines in power houses including electric generating engines and/or air compressors -




(i) Exceeding 500 bhp -




(aa) Shift Engine Driver in charge
334.10
431.10
765.20

(bb) Other Engine Drivers on shift
332.30
432.90
765.20






(ii) Exceeding 2000 bhp -




(aa) Shift Engine Driver in charge
338.30
426.90
765.20

(bb) Other Engine Drivers on shift
332.30
432.90
765.20






Exceeding 5000 bhp -




(aa) Shift Engine Driver in charge
340.30
424.90
765.20

(bb) Other Engine Drivers on shift
332.30
432.90
765.20






(iv) Exceeding 8000 bhp -




(aa) Shift Engine Driver in charge
342.70
422.50
765.20

(bb) Other Engine Drivers on shift
332.30
432.90
765.20






(v) Exceeding 14000 bhp -




(aa) Shift Engine Driver in charge
344.80
420.40
765.20

(bb) Other Engine Drivers on shift
332.30
432.90
765.20





(f)
If an engine driver also attends to an electric generator or dynamo exceeding 10 kilowatt capacity he/she shall be paid an additional sum of $14.20 per week.








(g)
If an engine driver also attends to a switchboard he/she shall be paid an additional sum of $4.10 per week.





(h)
If an engine driver also attends to a refrigerating and/or air compressor or compressors, he/she shall be paid an additional $14.20 per week.








(i)
Engine Greasers or Cleaners (Powerhouse)
310.80
454.40
765.20





(j)
Lube Oil - Fuel Oil Attendant
310.80
454.40
765.20





(k)
Electric Air Compressor Drivers
315.90
449.30
765.20





(l)
Electric Locomotive of Tractor Drivers
318.70
446.50
765.20





(m)
Drivers of Mobile Cranes -




Lifting capacity up to and including five tons
327.00
438.20
765.20

Lifting capacity over five tons
331.00
434.20
765.20






The above wages are payable under a contract of weekly service.

(2) 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.

(3) Structural Efficiency:

(a) An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

(b) Arising out of the decision on 8 September 1989 in the State Wage Case the parties to this Award are committed to implementing a new wage and classification structure. In making this commitment, the parties -

(i) Accept in principle that the descriptions of job functions within a new structure will be more broadly based and generic in nature.

(ii) Undertake that upon variation of the Award to implement a new wage and classification structure, employees may undertake training for a wider range of duties and/or access to higher levels in accordance with the definitions and training standards laid down in the Award variation relating to a new classification structure.

(iii) Will co-operate in the transition from the existing classification structure to the proposed new structure to ensure that the transition takes place in an orderly manner without creating false expectations or disputation

(iv) Are committed to modernising the terms of the Award and addressing issues associated with training in an endeavour to finalise matters.

(c) In the event that there is a claim for reclassification by an employee to higher level under any new structure on the ground that the employee possesses equivalent skill and knowledge gained through on-the-job experience or on any other ground, the following principles apply:

(i) Agreed competency standards shall be established by the parties in conjunction with T.A.F.E. and S.E.S.D.A. (when operative) for all levels in any new classification structure before any claims for reclassification are processed;

(ii) An agreed authority such as T.A.F.E. or S.E.S.D.A. or agreed accreditation authority (when operative) shall test the validity of an employee's claim for classification.

(d) The parties are committed to modernising the terms of the Award and to addressing the issues associated with training in an endeavour to finalise these matters.

(4) Award Modernisation:

(a) In accordance with sub-paragraph (iv) in paragraph (b) of subclause (5) hereof, the parties are committed to modernising terms of the award.

(b) The parties will discuss all matters raised which may lead to increased flexibility and the removal of the obsolete conditions to better reflect the realities of modern industry practices and assist the restructuring process. Any such discussion with the Unions shall be on the premise that -

(i) The majority of employees at the enterprise must genuinely agree;

(ii) No employee will lose income as a result of the change;

(iii) The Union must be party to the agreement, particularly where enterprise level discussions are considering matters requiring variations to the Award;

(iv) Agreements will be ratified by the Commission.

(c) Should an agreement be reached pursuant to subclause (b) hereof and that agreement requires an award variation, the parties will not oppose that award variation for that particular provision for that particular enterprise.

(d) There shall not be limitations on any award matter being raised for discussion.

(e) The parties agree that working parties will continue to meet with the aim of modernising the Award.

(5) Subclauses (5) and (6) 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.

(6) 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.