2019 WAIRC 00229
APPLICATION TO VARY THE ENGINE DRIVERS' (NICKEL MINING) 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 51 OF 2018
CITATION NO. 2019 WAIRC 00229

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' (Nickel Mining) 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

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

SCHEDULE 1 - WAGES

The minimum rate of wages payable to employees covered by this award shall be:

(1) KAMBALDA NICKEL OPERATIONS



Arbitrated



Safety Net


Base Rate
Adjustment
Total

$
$
$




Plant Controller Grade 1



Semi skilled employee comparable to former classification of Engine Greaser.
318.50
446.70
765.20




Plant Controller Grade 2



Semi skilled employee comparable to former classification of Mobile or Electrical Air Compressor Driver and Locomotive Engine Driver (Surface).
335.30
429.90
765.20




Plant Controller Grade 3



An employee who has acquired a Mobile Crane Drivers ticket and operates a crane with the capacity of less than 20 tonnes.
343.10
422.10
765.20




Plant Controller Grade 4



An employee who has acquired a Mobile Crane Drivers ticket and operates a crane with the capacity of more than20 tonnes.
362.15
403.05
765.20




OR







An employee who is a certificated Winding Engine Driver and is conversant and competent to operate all types of winders on the lease. In addition the duties will include the cleaning of the Winder cabin including the window.
368.30
396.90
765.20




Plant Controller Grade 5



An employee who is the holder of an Engine Drivers ticket relevant to drive internal combustion engines in Power Houses including Electric Generating and for Air Compressors and attending a Switchboard.
386.55
378.65
765.20





(2) Industry Allowance

(a) Each employee shall be paid an allowance of $66.30 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.

(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) Subclauses (4) and (5) 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.

(5) 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 1 – Wages (1) line 7, line 10, line 14, line 17, line 20 and line 25 edited in accordance with Corrigendum 25 June 2019 [2019] WAIRC 00314.