2019 WAIRC 00318
APPLICATION TO VARY THE ENGINE DRIVERS' (GENERAL) AWARD 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 WEDNESDAY, 26 JUNE 2019
FILE NO/S APPL 46 OF 2018
CITATION NO. 2019 WAIRC 00318

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' (General) Award 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 Wednesday, 26 June 2019.







CHIEF COMMISSIONER P E SCOTT



SCHEDULE

Clause 19 – Wages: Delete this clause and insert the following in lieu thereof:

19. – WAGES

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)
Classification:
Wage Per Week $
Supplementary Payments Per Week $
Safety Net $
Total Per Week Adjustments $







(a) Turbine Driver
345.30
16.80
403.60
765.70







(b) Steam Engine Drivers:











(i) whose work requires 1st or 2nd class certificate
341.30
16.80
407.10
765.20







(ii) whose work requires a 3rd class certificate



765.20







I Internal Combustion Engine Drivers:











(i) 180 kW brake power or over
344.20
16.80
404.20
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
339.60
16.80
408.80
765.20







(ii) on motors 70 kW power to 180 kW power inclusive



765.20







(iii) on motors under 70 kW power



765.20







Where an employee attends two or more motors he/she 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 nameplate.











(e) Greaser or Oiler



765.20







(f) Fireperson:











(i) Attending one boiler



765.20







(ii) attending two or more boilers



765.20







(g) Trimmer



765.20







(h) Scotch Derrick Crane Driver
347.40
16.80
403.70
767.90







(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 tonnes
339.60
13.80
411.80
765.20







(ii) lifting capacity over 5 tonnes but not exceeding 10 tonnes
344.10
16.80
404.30
765.20







(iii) lifting capacity over 10 tonnes but not exceeding 20 tonnes
349.90
19.90
404.00
773.80







(iv) lifting capacity over 20 tonnes but not exceeding 40 tonnes
360.20
23.10
404.70
788.00







(v) lifting capacity over 40 tonnes but not exceeding 80 tonnes
366.30
26.00
405.20
797.50







(vi) lifting capacity in excess of 80 tonnes
373.90
28.00
405.70
807.60







(k) Excavator Driver:











(i) up to.5m3
350.00
19.90
404.10
774.00







(ii) over.5 m3 and up to and including 2.25m 3
353.30
21.50
404.30
779.10







(iii) over 2.25 m3
364.00
24.80
405.10
793.90







(l) Tractors - while using power operated attachments:











(i) up to 35 kW brake power



765.20







(ii) over 35 kW brake power to 70 kW brake power
344.20
16.80
404.20
765.20







(iii) over 70 kW brake power to 110 kW brake power
350.00
19.90
404.10
774.00







(iv) over 110 kW brake power
353.30
21.50
404.30
779.10







(m) Loader, front end or overhead - Appropriate Tractor Margin











(n) Grader self propelled











(i) over 70 kW brake power
364.00
24.80
405.10
793.90







(ii) 35 to 70 kW brake power inclusive
353.30
21.50
404.30
779.10







(iii) under 35 kW brake power
350.00
19.90
404.10
774.00







(2) Additions to Weekly Wage Rates

(a) An Engine Driver, Electric Motor Attendant or Fireperson engaged as hereinafter specified shall have his/her wage increase as follows:



Per Week$



(i)
Attending to refrigerating and/or air compressor or compressors
$24.44



(ii)
Attending to an electric generator or dynamo exceeding 10 kw capacity
$24.44



(iii)
Attending to switchboard where the generating capacity is 350 kw or over
$7.78



(iv)
An Engine Driver who attends a boiler or boilers
$24.44

(b) Employees employed on boiler cleaning inside the boiler of flues of combustion chamber shall be paid an additional rate of $1.20 per hour whilst so engaged.

(3) Industry Allowance

(a) In addition to the rates prescribed in this clause an amount of $21.28 per week shall be paid to employees engaged under this award in rock quarries, limestone quarries and sand pits to compensate for dust and climatic conditions when working in the open and for deficiencies in general amenities and facilitates. Provided that employees in the limestone quarries of Cockburn Cement Ltd shall be paid an amount of $0.52 per hour in lieu of the $21.28 referred to in this subclause.

(b) (i) In addition to the rates prescribed in this clause a driver of an overhead electric crane, mobile crane, front end loader or tractor, employed by Cockburn Cement Limited shall, subject to as hereinafter provided, be paid an allowance of $0.21 per hour.

(ii) The allowance prescribed in this paragraph is to compensate for the extra duties, including servicing and re-fuelling of machines, associated with the work practices of Cockburn Cement Limited and shall be paid for each hour worked in a quarry, or for each hour worked elsewhere on shifts other than day shift Monday to Friday.

(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.

Schedule "C" – 38 Hour Week Provisions: Delete this clause and insert the following in lieu thereof:


SCHEDULE "C" - 38 HOUR WEEK PROVISIONS


1 . - APPLICATION

(1) The provisions of this schedule apply to all employees to whom this award applies.

(2) The provisions of this schedule apply in substitution for corresponding provisions of this award or where there is no corresponding provision in addition to the provisions of this award.