2020 WAIRC 00882
WA GOVERNMENT HEALTH SERVICES ENGINEERING AND BUILDING SERVICES AWARD 2004
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES ELECTRICAL TRADES UNION WA
APPLICANT
-V-
THE MINISTER FOR HEALTH IN HIS/HER INCORPORATED CAPACITY UNDER S7 OF THE HOSPITAL AND HEALTH SERVICE ACT 1927 AS THE HOSPITALS FORMALLY COMPROMISED IN THE METROPOLITAN HEALTH SERVICES BOARD, SOUTH WEST HEALTH BOARD, PEEL HEALTH SERVICES BOARD AND WA COUNTRY HEALTH SERVICES, AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION OF WORKERS WESTERN AUSTRALIAN BRANCH, THE PLUMBERS AND GASFITTERS EMPLOYEES' UNION OF AUSTRALIA, WEST AUSTRALIAN BRANCH, INDUSTRIAL UNION OF WORKERS, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
RESPONDENTS
CORAM COMMISSIONER T EMMANUEL
DATE FRIDAY, 30 OCTOBER 2020
FILE NO/S APPL 30 OF 2020
CITATION NO. 2020 WAIRC 00882

Result Award varied
Representation
APPLICANT MS A AMBIHAIPAHAR (OF COUNSEL)

FIRST RESPONDENT MS C HOLMES & MR J SUN (AS AGENTS)
Second respondent Ms C Holmes & Mr J Sun (as agents)
Third respondent Ms C Holmes & Mr J Sun (as agents)
Fourth respondent Ms C Holmes & Mr J Sun (as agents)
FIFTH RESPONDENT NO APPEARANCE
Sixth respondent No appearance
Seventh respondent No appearance

Order
WHEREAS this is an application filed by the Electrical Trades Union WA to vary the WA Government Health Services Engineering and Building Services Award 2004;

AND WHEREAS the Department of Health as the System Manager exercising functions under s 20 of the Health Services Act 2016 (WA) (Department of Health) filed a response to this application on behalf of the first, second, third and fourth respondents (the Minister for Health incorporated as the Board of the Hospitals formerly comprised in the Metropolitan Health Service Board, the WA Country Health Service, the South West Health Board and the Peel Health Services Board, under s 7 of the Hospitals and Health Services Act 1927 (WA));

AND WHEREAS in its response, the Department of Health proposed a different process for varying the award, which it said was in line with how previous variations were made;

AND WHEREAS in its response, the Department of Health also proposed to update the names of the employer parties to the award to reflect the names those parties are now known by under s 32(1) of the Health Services Act 2016 (WA);

AND WHEREAS the Department of Health does not consider that updating the names of the employer parties will vary the existing area and scope of the award;

AND WHEREAS the Electrical Trades Union WA and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers – Western Australian Branch consented to the variations proposed by the Department of Health;

AND WHEREAS after being emailed the minute of proposed order, the Construction, Forestry, Mining and Energy Union of Workers confirmed that it ‘consents to the application’;

AND WHEREAS The Plumbers and Gasfitters Employees’ Union of Australia, Western Australian Branch, Industrial Union of Workers did not respond to the Commission and did not appear at the hearing;

AND WHEREAS on 15 October 2020 this application was set down for hearing and I am satisfied that a notice of hearing was served on all parties in accordance with regulation 24 of the Industrial Relations Commission Regulations 2005 (WA) by email (successful delivery receipts were received) and by post on 15 October 2020;

AND HAVING heard from Ms A Ambihaipahar of counsel on behalf of the applicant and from Ms C Holmes and Mr J Sun as agents on behalf of the first, second, third and fourth respondents, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA) hereby orders –

THAT the WA Government Health Services Engineering and Building Services Award 2004 be varied in accordance with the attached Schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period on or after the date of this order.




COMMISSIONER T EMMANUEL
SCHEDULE

1. Clause 4. – Application & Parties Bound: delete this clause and insert in lieu thereof the following:

4. - APPLICATION & PARTIES BOUND

(1) The following are parties to and bound by this Award;

(a) all health service providers established pursuant to section 32(1)(b) of the Health Services Act 2016 (WA), including the Child and Adolescent Health Service, East Metropolitan Health Service, Health Support Services, North Metropolitan Health Service, PathWest Laboratory Medicine WA, South Metropolitan Health Service and WA Country Health Service.

(b) Electrical Trades Union WA.

(c) The Plumbers and Gasfitters Employees’ Union of Australia, Western Australian Branch, Industrial Union of Workers.

(d) Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers – Western Australian Branch.

(e) The Construction, Forestry, Mining and Energy Union of Workers.

2. Clause 6. – Definitions: delete subclause (7) of this Clause and insert in lieu thereof the following:

(7) “Employer” means the parties detailed in subclause (1)(a) of Clause 4 – Application and Parties Bound, of this Award.

3. Clause 19. – Leading Hand Allowance: Delete subclause (1) of this clause and insert in lieu thereof the following:

(1) An employee placed in charge of 3 or more other employees shall, in addition to the employee’s ordinary salary, be paid –

(a) Not less than 3 and not more than 10 other employees - $50.00 per week;

(b) More than 10 and not more than 20 other employees - $67.00 per week;

(c) More than 20 other employees - $83.80 per week.


4. Clause 23. – Special Rates and Provisions:

A. Delete subclause (1) of this Clause and insert in lieu thereof the following:

(1) Disability Allowances

(a) Except as otherwise provided in this clause, the annual base salaries prescribed in this Award incorporate a commuted allowance which is in full substitution for all disability allowances and other special rates and provisions which are contained in any of the awards named in Clause 1. – Title, as at the date of registration of this Award.

(b) Polychlorinated Biphenyls: Employees required to remove or handle equipment or fittings containing polychlorinated biphenyls (PCBs), for which protective clothing must be worn, shall be paid an allowance of $2.52 for each hour or part thereof whilst so engaged.

(c) Asbestos:

(i) Employees required to use materials containing asbestos or to work in close proximity to employees using such materials shall be provided with and shall use all necessary safeguards as required by the appropriate occupational health authority.

(ii) Employees engaged in a work process involving asbestos who are required to wear protective equipment, i.e. respiratory protection in the form of a high efficiency class H particulate respirator and/or special clothing, shall be paid an allowance of $0.84 per hour for each hour or part thereof whilst so engaged.

(d) Furnace Work

Employees engaged in the construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles, steam generators, heat exchangers and similar refractory work or on underpinning shall be paid $1.83 per hour or part thereof whilst so engaged.

(e) Construction Allowance

(i) In addition to the appropriate rate of pay prescribed in Appendix A. – Salaries of this Award, an employee shall be paid –

(aa) $55.20 per week if engaged on the construction of a large industrial undertaking or any large civil engineering project;

(bb) $49.90 per week if engaged on a multi-storey building but only until the exterior walls have been erected, the windows completed and a lift made available to carry the employee between the ground floor and the floor upon which he/she is required to work. A “multi-storey building” is a building which, when completed, shall consist of at least five stories.

(cc) $29.30 per week if engaged otherwise on Construction Work.

(ii) The rates specified in paragraph (1)(e)(i) shall be discounted by $22.70 per week, the amount of the commuted allowance granted under paragraph (1)(a) of this subclause.

(f) Asbestos Eradication

(i) This subclause shall apply to employees engaged in the process of asbestos eradication on the performance of work within the scope of this Award.

(ii) For the purposes of this clause “asbestos eradication” means work on or about buildings, involving the removal or any other method of neutralisation of any materials which consist of, or contain asbestos.

(iii) All aspects of asbestos work shall meet as a minimum standard the provisions of the National Health and Medical Research Council codes, as varied from time to time, for the safe demolition/removal of asbestos based materials.

Without limiting the effect of the above provision, any person who carried out asbestos eradication work shall do so in accordance with the legislation/regulations prescribed by the appropriate authorities.

(iv) An employee engaged in asbestos eradication (as defined) shall receive an allowance of $1.82 per hour worked in lieu of rates prescribed in paragraph (1)(c) of Clause 23. – Special Rates and Provisions.

(v) Respiratory protective equipment, conforming to the relevant parts of the appropriate Australian Standard (i.e. 1716 “Specification of Respiratory Protective Devices”) shall be worn by all personnel during work involving eradication of asbestos.

(g) Where more than one of the disabilities entitling an employee to extra rates exists on the same job the employee shall be paid only the highest rate for the disabilities so prevailing.


B. Delete paragraph (b) of subclause (3) of this clause and insert in lieu thereof the following:

(b) Permit Work

Any licensed plumber called upon by the Employer to use the licence issued to him/her by the Metropolitan Water Supply, Sewerage and Drainage Board for a period in any one week shall be paid $21.60 for that week in addition to the rates otherwise prescribed.


C. Delete paragraphs (d), (e) and (f) of subclause (3) of this clause and insert in lieu thereof the following:

(d) Scaffolding Certificate Allowance

A tradesperson who is the holder of a scaffolding certificate or rigging certificate issued by an accredited training provider and is required to act on that certificate whilst engaged on work requiring a certified person shall be paid $0.67 per hour or part thereof, in addition to the rates otherwise prescribed in this Award.

(e) Nominee Allowance

A licensed electrical fitter or mechanic who acts as nominee for the Employer shall be paid an allowance of $21.60 per week.

(f) Setter Out

A setter out (other than a leading hand) in a joiner’s shop shall be paid $6.50 per day in addition to the rates otherwise prescribed.


5. Clause 25. – Overtime: Delete paragraph (a) of subclause (7) of this clause and insert in lieu thereof the following:


(a) An employee required to work 2 hours or more overtime continuous with their rostered hours, which necessitates taking a meal break, shall be paid a meal allowance of $14.95 for each meal so required or may be provided with a meal ticket.

Provided that this sub-clause shall not apply to an employee notified on the previous day of the previous day of the requirement to work such overtime.


6. Appendix A – Salaries: Delete subclause (1) of this Appendix and insert in lieu thereof the following:



(1) Rates of Pay

Subject to this Appendix, employees shall be paid the rates of pay specified in the following table in accordance with the level to which they are from time to time classified.

Level
Percentage Relativity to C10 Trades-person
Award Base Weekly – Metal, Engineering and Associated Industries Award, 1998 Part I.
Supple-mentary Payment
State Wage Order Adjustment
Minimum Rate
Additional Payment
Annualised Weekly Allowances and Loading
Commuted Overtime and Mobility Allowance (Salary Increase for value for money trade-offs in award safety net of conditions)
Salary
Carpenter
Building Tradesperson Level 04
100
365.20
52.00
433.70
850.90
12.40
114.60
12.00
51639

Building Tradesperson Level 05
105
383.50
54.60
436.00
874.10
13.04
115.00
12.00
52904

Building Tradesperson Level 06
110
401.70
57.20
438.20
897.10
13.68
115.30
12.00
54152

Building Tradesperson Level 07
115
420.00
59.80
438.40
918.20
14.22
115.50
12.00
55292

Building Tradesperson Level 08
120
438.20
62.40
440.70
941.30
14.86
95.90
12.00
55508

Building Tradesperson Level 09
125
456.50
65.00
442.90
964.40
15.50
96.40
12.00
56772











Painter
Building Tradesperson Level 04
100
365.20
52.00
433.70
850.90
12.40
88.90
12.00
50298

Building Tradesperson Level 05
105
383.50
54.60
436.00
874.10
13.04
89.20
12.00
51558

Building Tradesperson Level 06
110
401.70
57.20
438.20
897.20
13.68
89.40
12.00
52801

Building Tradesperson Level 07
115
420.00
59.80
438.40
918.20
14.22
89.70
12.00
53946

Building Tradesperson Level 08
120
438.20
62.40
438.30
938.90
14.86
70.10
12.00
54037

Building Tradesperson Level 09
125
456.50
65.00
442.90
964.40
15.50
70.60
12.00
55426











Plasterer
Building Tradesperson Level 04
100
365.20
52.00
433.70
850.90
12.40
108.40
12.00
51316

Building Tradesperson Level 05
105
383.50
54.60
436.00
874.10
13.04
108.70
12.00
52575

Building Tradesperson Level 06
110
401.70
57.20
438.20
897.10
13.68
109.20
12.00
53834

Building Tradesperson Level 07
115
420.00
59.80
438.40
918.20
14.22
109.50
12.00
54979

Building Tradesperson Level 08
120
438.20
62.40
440.70
941.30
14.86
89.80
12.00
55190

Building Tradesperson Level 09
125
456.50
65.00
442.90
964.40
15.50
90.10
12.00
56444











Plumber
Building Tradesperson Level 04
100
365.20
52.00
433.70
850.90
12.40
139.30
12.00
52928

Building Tradesperson Level 05
105
383.50
54.60
436.00
874.10
13.04
139.60
12.00
54187

Building Tradesperson Level 06
110
401.70
57.20
438.20
897.10
13.68
139.90
12.00
55436

Building Tradesperson Level 07
115
420.00
59.80
438.40
918.20
14.22
140.30
12.00
56586

Building Tradesperson Level 08
120
438.20
62.40
440.70
941.30
14.86
120.70
12.00
56801

Building Tradesperson Level 09
125
456.50
65.00
442.90
964.40
15.50
121.10
12.00
58061











Other Building
Building Employee Entrant Level
78
284.86
40.56
421.48
746.90
9.68
79.00
14.00
44319
employees
Building Employee Level 1
82
299.46
42.64
422.90
765.00
10.20
79.20
14.00
45301
not elsewhere
Building Employee Level 2
87
319.18
45.45
424.77
789.40
10.87
79.40
14.00
46619
classified
Building Employee Level 3
92
337.44
48.05
426.61
812.10
11.51
79.70
14.00
47852

Building Employee Level 4
100
365.20
52.00
433.70
850.90
12.40
80.10
14.00
49944











Mechanical Fitter,
Engineering Employee Level 14
78
284.86
40.56
421.48
746.90
14.68
77.70
14.00
44512
Motor Mechanic,
Engineering Employee Level 13
82
299.46
42.64
422.90
765.00
15.40
77.90
14.00
45504
Refrigeration
Engineering Employee Level 12
87.4
319.18
45.45
424.77
789.40
16.47
78.20
14.00
46849
Fitter & other
Engineering Employee Level 11
92.4
337.44
48.05
426.61
812.10
17.41
78.50
14.00
48098
engineering
Engineering Tradesperson Level 10
100
365.20
52.00
433.70
850.90
18.80
96.90
12.00
51050
trades
Engineering Tradesperson Level 09
105
383.50
54.60
436.00
874.10
19.70
97.30
12.00
52328
employees not
Engineering Tradesperson Level 08
110
401.70
57.20
438.20
897.10
20.70
97.50
12.00
53590
elsewhere
Engineering Tradesperson Level 07
115
420.00
59.80
438.40
918.20
21.60
97.80
12.00
54753
classified
Engineering Tradesperson Level 06
125
456.50
65.00
445.20
966.70
23.50
78.60
12.00
56381

Engineering Tradesperson Level 05
130
474.80
67.60
445.20
987.60
24.40
78.90
10.00
57430











Electrical Fitter/
Engineering Tradesperson Level 10
100
365.20
52.00
433.70
850.90
18.80
122.60
12.00
52390
Mechanic
Engineering Tradesperson Level 09
105
383.50
54.60
436.00
874.10
19.70
122.90
12.00
53663

Engineering Tradesperson Level 08
110
401.70
57.20
438.20
897.10
20.70
123.30
12.00
54936

Engineering Tradesperson Level 07
115
420.00
59.80
438.40
918.20
21.60
123.50
12.00
56094

Engineering Tradesperson Level 06
125
456.50
65.00
442.90
964.40
23.50
104.10
12.00
57591

Engineering Tradesperson Level 05
130
474.80
67.60
445.20
987.60
24.40
104.50
10.00
58765