ELECTRICAL CONTRACTING INDUSTRY AWARD R 22 OF 1978

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Electrical Trades Union WA

APPLICANT

-v-

The Electrical Contractors' Association of WA (Union of Employers), AND OTHERS

RESPONDENT

CORAM Commissioner T B Walkington

DATE thursday, 14 january 2021

FILE NO/S APPL 53 OF 2020

CITATION NO. 2021 WAIRC 00004

Result Award varied

Representation

Applicant Ms A Heffernan (of counsel)

Respondent Mr M Humphry (of counsel)

Order

Having heard from Ms A Heffernan (of counsel) on behalf of the applicant and Mr M Humphrey (of counsel) on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –

 THAT the Electrical Contracting Industry Award R 22 of 1978 be varied in accordance with the following Schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after January 2021.

Commissioner T B Walkington

SCHEDULE

1. Clause 12 – Overtime: Delete paragraph (e) of subclause (2) and insert in lieu thereof the following:

(e) (i) An employee required to work overtime for more than two hours without being notified on the previous day or earlier that they will be so required to work overtime shall be supplied with a meal by the employer or be paid $14.70 for such meal and for a second or subsequent meal if so required.

 (ii) No such payments shall be made to any employee living in the same locality as their place of work who can reasonably return home for such meals.

 (iii) If an employee to whom subparagraph (i) of paragraph (e) of subclause (2) hereof applies has, as a consequence of the notice referred to in that paragraph, provided themselves with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, they shall be paid for each meal provided and not required, $14.70.

2. Clause 18 – Special Rates and Provisions

A. Delete subclause (1), (2), (3), (4) and (5) and insert in lieu thereof the following:

(1) Height Money: An employee shall be paid an allowance of $3.00 for each day on which they work at a height of 15.5 metres or more above the nearest horizontal plane, but this provision does not apply to linespersons.

(2) Dirt Money: An employee shall be paid an allowance of 61 cents per hour when engaged on work of an unusually dirty nature where clothes are necessarily unduly soiled or damaged or boots are unduly damaged by the nature of the work done.

(3) Grain Dust: Where any dispute arises at a bulk grain handling installation due to the presence of grain dust in the atmosphere and the Board of Reference determines that employees employed under this award are unduly affected by that dust, the Board may, subject to such conditions as it deems fit to impose, fix an allowance or allowances not exceeding $1.03 per hour.

(4) Confined Space: An employee shall be paid an allowance of 73 cents per hour when, because of the dimensions of the compartment or space in which they are working, the employee is required to work in a stooped or otherwise cramped position or without proper ventilation.

(5) Diesel Engine Ships: The provisions of subclauses (2) and (4) of this Clause do not apply to an employee when they are engaged on work below the floor plates in diesel engine ships, but the employee shall be paid an allowance of $1.03 per hour whilst so engaged.

B. Delete subclause (7) and insert in lieu thereof the following:

(7) Hot Work: An employee shall be paid an allowance of 61 cents per hour when they work in the shade in any place where the temperature is raised by artificial means to between 46.1 and 54.4 degrees Celsius.

C. Delete subclauses (9), (10), (11) and (12) and insert in lieu thereof the following:

(9) Percussion Tools: An employee shall be paid an allowance of 40 cents per hour when working a pneumatic riveter of the percussion type and other pneumatic tools of the percussion type.

(10) Chemical, Artificial Manure and Cement Works: An employee other than a general labourer, in chemical, artificial manure and cement works shall, in respect of all work done in and around the plant outside the machine shop, be paid an allowance calculated at the rate of $15.30 per week. The allowance shall be paid during overtime but shall not be subject to penalty additions. An employee receiving this allowance is not entitled to any other allowance under this Clause.

(11) Abattoirs: An employee employed in and about an abattoir shall be paid an allowance calculated at the rate of $20.70 per week. The allowance shall be paid during overtime but shall not be subject to penalty additions. An employee receiving this allowance is not entitled to any other allowance under this Clause.

(12) Phosphate Ships: An employee shall be paid an allowance of 92 cents for each hour they work in the holds 'tween decks of ships which, immediately prior to such work, have carried phosphatic rock but this subclause only applies if and for as long as the holds and 'tween decks are not cleaned down.

D. Delete subclause (19) and insert in lieu thereof the following:

(19) An employee holding either a Third Year First Aid Medallion of the St. John Ambulance Association or a "C" Standard Senior First Aid Certificate of the Australian Red Cross Society, appointed by the employer to perform first aid duties shall be paid $12.20 per week in addition to their ordinary rate.

E. Delete subclause (21) and insert in lieu thereof the following:

(21) Nominee: A licensed electrical installer or fitter who acts as a nominee for an electrical contractor shall be paid an allowance of $76.30 per week.

3. Clause 19 - Car Allowance: Delete this Clause and insert in lieu thereof the following:

19. – CAR ALLOWANCE

Where an employee is required and authorised to use their own motor vehicle in the course of their duties the employee shall be paid an allowance of 87 cents per kilometre travelled. Notwithstanding anything contained in this Clause the employer and the employee may make any other arrangement as to car allowance not less favourable to the employee.

4. Clause 20 - Allowance for Travelling and Employment in Construction Work: Delete paragraph (a) of subclause (2) and insert in lieu thereof the following:

 (a) On jobs measured by radius from the General Post Office, Perth situated within the area of:

 Per Day

 $

 (i) Up to and including 50 kilometre radius  18.85

 OR

 (ii) Over 50 kilometres up to and including 60 kilometre radius  23.90

 OR

 (iii) Over 60 kilometres up to and including 75 kilometre radius  36.75

 OR

 (iv) Over 75 kilometres up to and including 90 kilometre radius  52.00

 OR

 (v) Over 90 kilometres up to and including 105 kilometre radius  67.55

5. Clause 21. - Distant Work:

A. Delete subclause (6) and insert in lieu thereof the following:

(6) An employee to whom the provisions of subclause (I) of this Clause apply shall be paid an allowance of $36.90 for any weekend that they returns to their home from the job but only if-

(a) The employee advises the employer or their agent of their intention no later than the Tuesday immediately preceding the weekend in which the employee so returns;

(b) The employee is not required to work during that weekend;

(c) The employee returns to the job on the first working day following the weekend; and

(d) The employer does not provide or offer to provide suitable transport.

B. Delete subclause (9) and insert in lieu thereof the following:

(9) Where an employee, supplied with the board and lodging by their employer, is required to live more than 800 metres from the job the employee shall be provided with suitable transport to and from that job or be paid an allowance of $16.30 per day provided that where the time actually spent in travelling either to or from the job exceeds 20 minutes, that excess travelling time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.

6. Clause 27 – Grievance Procedure and Special Allowance: Delete subclause (3) of this Clause and insert in lieu thereof the following:

(3) (a) Subject to paragraph (e) of this subclause, a special allowance of $37.80 per week shall be paid as a flat amount each week except where direct action takes place.

(b) Provided that a general combined union meeting called by the Unions W.A., or any absence declared by the Commission under Section 44 as being an authorised absence, shall not be regarded as nonadherence to the disputes procedure Clause or affect the payment of this allowance.

(c) In the event of the need for a meeting not covered by the circumstances outlined by the above, a Union Official shall give 24 hours' notice to the employer and the reason for the meeting and $37.80 shall be paid.

(d) Any time which an employee is absent from work on annual leave, public holidays, bereavement leave or paid sick leave shall not affect the payment of this allowance.

(e) An apprentice shall be paid a percentage of $37.80 being the percentage which appears against their year of apprenticeship set out in subclause (4) of the First Schedule - Wages.

7. Clause 30 – Special Provisions – Western Power:

Delete subclause (2) – (5) of this Clause and insert in lieu thereof the following:

(2) In addition to the wage otherwise payable to an employee pursuant to the provisions of this award an employee (other than an apprentice) shall be paid:

(a) $2.36 per hour for each hour worked if employed at Muja;

(b) $1.40 per hour for each hour worked if employed at Kwinana;

(3) (a) An employee to whom Clause 20. - Allowance for Travelling and Employment in Construction Work applies and who is engaged on construction work at Muja shall be paid:

(i) An allowance of $18.85 per day if the employee resides within a radius of 50 kilometres from the Muja Power Station;

(ii) An allowance of $51.10 per day if the employee resides outside that radius;

in lieu of the allowance prescribed in the said Clause.

 (b) Where transport to and from the job is supplied by the employer from and to a place mutually agreed upon between the employer and the employee half the above rates shall be paid provided that the conveyance used for such transport is equipped with suitable seating and weather proof covering.

(4) In addition to the allowance payable pursuant to subclause (6) of Clause 21. - Distant Work of this award an employee to whom that Clause applies shall be paid $32.25 on each occasion upon which the employee returns home at the weekend but only if –

(a) The employee has completed three months' continuous service with the employer;

(b) The employee is not required for work during the weekend;

(c) The employee returns to the job on the first working day following the weekend;

(d) The employer does not provide or offer to provide suitable transport; and such payment shall be deemed to compensate for a periodical return home at the employer's expense.

(5) An employee to whom Clause 21. - Distant Work of this award applied and who proceeds to construction work at Muja from their home where located within a radius of 50 kilometres from the General Post Office, Perth –

 (a) Shall be paid an amount of $86.75 and for three hours at ordinary rates in lieu of the expenses and payment prescribed in subclause (3) of the said Clause; and

 (b) In lieu of the provisions of subclause (4) of the said Clause, shall be paid $86.75 and for three hours at ordinary rates when their services terminate if the employee has completed three months continuous service;

 and the provisions of subclause (3) and subclause (4) of Clause 21. – Distant Work shall not apply to such an employee.

Delete subclause (6) of this Clause and insert in lieu thereof the following:

(6) (a) An employee to whom the provisions of Clause 21. - Distant Work of this Award, applies who work at Muja and who elects not to live in Construction Camp Accommodation shall, subject to paragraph (b) of this subclause, be paid a living-out allowance at the rate of $504.10 per week to meet the expenses reasonably incurred by the employee for board and lodging.

(b) (i) The allowance prescribed in paragraph (a) shall only apply to an employee while they continue to live with their spouse (including de facto partner) in accommodation provided by the employee.

(ii) The accommodation shall be of a reasonable standard.

(iii) The employee shall continue to maintain their original residence.

(iv) The employee shall satisfy the employer, upon request, that their circumstances meet the requirements of this subclause.

(v) Any dispute as to the application of this Clause shall be subject to discussion between the employer and the Union and, failing agreement, shall be referred to a Board of Reference for determination.

(c) Provided that the provisions of subclause (6) of Clause 21. - Distant Work of this Award shall not apply.

8. Clause 36 - Superannuation: Delete subparagraph (i) of paragraph (b) of subclause (2) and insert in lieu thereof the following:

(b) Apprentices

 Each employer shall, on behalf of apprentices pay a weekly contribution into an approved occupational superannuation fund on the following basis:

 (i) For Apprentices not engaged on construction work, a weekly contribution calculated as 9.50% of the rate of pay prescribed in the First Schedule - Wages of this Award as follows:

9. First Schedule – Wages:

A. Delete subclause (3) of this Clause and insert in lieu thereof the following:

(3) Leading Hands - In addition to the appropriate rates shown in subclause (2) hereof a leading hand shall be paid –

B. Delete subclauses (5) and (6) of this Clause and insert in lieu thereof the following:

(5) Tool Allowance:

(a) In accordance with the provisions of subclause (20) of Clause 18. – Special Rates and Provisions of this award the tool allowance to be paid is:

 (i) $18.40 per week to such tradesperson, or

 (ii) In the case of an apprentice a percentage of $18.40 being the percentage which appears against the apprentice’s year of apprenticeship set out in subclause (4) of this schedule.

(b) Any tool allowance paid pursuant to paragraph (a) of this subclause shall be included in, and form part of, the ordinary weekly wage prescribed in this Clause.

(6) Construction Allowance:

(a) In addition to the appropriate rates of pay prescribed in this Clause an employee shall be paid:

 (i) $56.80 per week if the employee is engaged on the construction of a large industrial undertaking or any large civil engineering project.

 (ii) $51.10 per week if the employee is engaged on a multi-storeyed building but only until the exterior walls have been erected and the windows completed and a lift made available to carry the employee between the ground floor and the floor upon which the employee is required to work. A multi-storeyed building is a building which, when completed, will consist of at least five storeys.

 (iii) $30.20 per week if the employee is engaged otherwise on construction work falling within the definition of construction work in Clause 5. - Definitions of this Award.

(b) Any dispute as to which of the aforesaid allowances applies to particular work shall be determined by the Board of Reference.

C. Delete subclauses (9) and (10) of this Clause and insert in lieu thereof the following:

(9) Licence Allowance:

 A tradesperson who holds and in the course of their employment may be required to use a current "A" Grade or "B" Grade licence issued pursuant to the relevant regulation in force at the date of this Award under the Electricity Act, 1945, shall be paid $27.00 per week.

(10) Commissioning Allowances:

 An "Electrician Commissioning" as defined shall be paid at the rate of $41.30 per week in addition to rates prescribed in this schedule.