2021 WAIRC 00637
WA GOVERNMENT HEALTH SERVICES ENGINEERING AND BUILDING SERVICES AWARD 2004
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES ELECTRICAL TRADES UNION WA
APPLICANT
-V-
CHILD AND ADOLESCENT HEALTH SERVICE AND OTHERS
RESPONDENTS
CORAM SENIOR COMMISSIONER R COSENTINO
DATE FRIDAY, 17 DECEMBER 2021
FILE NO/S APPL 39 OF 2021
CITATION NO. 2021 WAIRC 00637

Result Award varied
Representation


APPLICANT MS B WARD

FIRST RESPONDENT MS J WITHERS

Second Respondent Ms P Lim

Third Respondent Mr B Bintley

Fourth Respondent Mr K Singh


Order

WHEREAS this is an application filed by the Electrical Trades Union WA on 15 November 2021 to vary the WA Government Health Services Engineering and Building Services Award 2004 (Award) pursuant to s 40 of the Industrial Relations Act 1979 (WA) (IR Act);

AND WHEREAS Schedule B of the application set out the grounds upon which it is made, indicating the application is made to increase the allowances in the Award by the percentage increases ordered in the 2020 and 2021 State Wage cases ([2020] WAIRC 00363; (2020) 100 WAIG 432 and [2021] WAIRC 00179; (2021) 101 WAIG 477), that is 1.75% and 2.50%;

AND WHEREAS after the application was filed, the parties agreed that the overtime meal allowance rate in clause 25(7)(a) of the Award should be varied to $15.30 in accordance with Principle 6.1 Adjustment of Allowances and Service Increments in the 2021 State Wage decision;
AND WHEREAS clause 3 of the Award provides that its term is six months from the date of its issue. That term expired in September 2004. As the application is not made within the term, s 40(3) of the IR Act is inapplicable and no barrier to the amendments sought;

AND WHEREAS the amendments proposed were consented to by the Health Service Provider respondents to the Award, and were not opposed by any other respondent;

AND BEING satisfied that:
(a) The amendments proposed do not effect any substantive change to the scope of the Award or its area of operation;
(b) The application is not made within a term specified in the Award; and
(c) The requirements for varying the Award are met;

NOW THEREFORE, the Commission, pursuant to the powers conferred under the IR Act, hereby orders –

1. 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 commencing on or after the date of this order.






SENIOR COMMISSIONER R COSENTINO


SCHEDULE

1. 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 - $52.20 per week;

(b) More than 10 and not more than 20 other employees - $69.90 per week;

(c) More than 20 other employees - $87.40 per week.


2. 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 $2.62 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, ie. respiratory protection in the form of a high efficiency class H particulate respirator and/or special clothing, shall be paid an allowance of $0.87 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 $1.91 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) $57.60 per week if engaged on the construction of a large industrial undertaking or any large civil engineering project;

(bb) $52.10 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) $30.50 per week if engaged otherwise on Construction Work.

(ii) The rates specified in paragraph (1)(e)(i) shall be discounted by $23.70 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 $1.90 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 paragraphs (b), (d), (e) and (f) 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 $22.60 for that week in addition to the rates otherwise prescribed.

(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 $0.70 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 $22.60 per week.

(f) Setter Out

A setter out (other than a leading hand) in a joiner’s shop shall be paid $6.75 per day in addition to the rates otherwise prescribed.

3. 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 $15.30 for each meal so required or may be provided with a meal ticket.

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


4. 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
470.20
887.40
12.40
119.50
12.00
53,799

Building Tradesperson Level 05
105
383.50
54.60
473.50
911.60
13.04
119.90
12.00
55,115

Building Tradesperson Level 06
110
401.70
57.20
476.70
935.60
13.68
120.20
12.00
56,416

Building Tradesperson Level 07
115
420.00
59.80
477.90
957.70
14.22
120.40
12.00
57,608

Building Tradesperson Level 08
120
438.20
62.40
481.10
981.70
14.86
100.00
12.00
57,829

Building Tradesperson Level 09
125
456.50
65.00
484.30
1005.80
15.50
100.60
12.00
59,151
Painter
Building Tradesperson Level 04
100
365.20
52.00
470.20
887.40
12.40
92.80
12.00
52,406

Building Tradesperson Level 05
105
383.50
54.60
473.50
911.60
13.04
93.10
12.00
53,717

Building Tradesperson Level 06
110
401.70
57.20
476.80
935.70
13.68
93.30
12.00
55,018

Building Tradesperson Level 07
115
420.00
59.80
477.90
957.70
14.22
93.60
12.00
56,210

Building Tradesperson Level 08
120
438.20
62.40
478.60
979.20
14.86
73.10
12.00
56,295

Building Tradesperson Level 09
125
456.50
65.00
484.30
1005.80
15.50
73.60
12.00
57,743
Plasterer
Building Tradesperson Level 04
100
365.20
52.00
470.20
887.40
12.40
113.10
12.00
53,465

Building Tradesperson Level 05
105
383.50
54.60
473.50
911.60
13.04
113.40
12.00
54,776

Building Tradesperson Level 06
110
401.70
57.20
476.70
935.60
13.68
113.90
12.00
56,088

Building Tradesperson Level 07
115
420.00
59.80
477.90
957.70
14.22
114.20
12.00
57,285

Building Tradesperson Level 08
120
438.20
62.40
481.10
981.70
14.86
93.70
12.00
57,500

Building Tradesperson Level 09
125
456.50
65.00
484.30
1005.80
15.50
94.00
12.00
58,807
Plumber
Building Tradesperson Level 04
100
365.20
52.00
470.20
887.40
12.40
145.20
12.00
55,139

Building Tradesperson Level 05
105
383.50
54.60
473.50
911.60
13.04
145.60
12.00
56,456

Building Tradesperson Level 06
110
401.70
57.20
476.70
935.60
13.68
145.90
12.00
57,757

Building Tradesperson Level 07
115
420.00
59.80
477.90
957.70
14.22
146.40
12.00
58,964

Building Tradesperson Level 08
120
438.20
62.40
481.10
981.70
14.86
125.90
12.00
59,180

Building Tradesperson Level 09
125
456.50
65.00
484.30
1005.80
15.50
126.30
12.00
60,492


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
Other Building
Building Employee Entrant Level
78
284.86
40.56
453.58
779.00
9.68
82.40
14.00
46,171
employees
Building Employee Level 1
82
299.46
42.64
455.80
797.90
10.20
82.60
14.00
47,195
not elsewhere
Building Employee Level 2
87
319.18
45.45
458.67
823.30
10.87
82.80
14.00
48,565
classified
Building Employee Level 3
92
337.44
48.05
461.51
847.00
11.51
83.10
14.00
49,850

Building Employee Level 4
100
365.20
52.00
470.20
887.40
12.40
83.50
14.00
52,025
Mechanical Fitter,
Engineering Employee Level 14
78
284.86
40.56
453.58
779.00
14.68
81.10
14.00
46,364
Motor Mechanic,
Engineering Employee Level 13
82
299.46
42.64
455.80
797.90
15.40
81.30
14.00
47,398
Refrigeration
Engineering Employee Level 12
87.4
319.18
45.45
458.67
823.30
16.47
81.60
14.00
48,795
Fitter & other
Engineering Employee Level 11
92.4
337.44
48.05
461.51
847.00
17.41
81.90
14.00
50,096
engineering
Engineering Tradesperson Level 10
100
365.20
52.00
470.20
887.40
18.80
101.10
12.00
53,173
trades
Engineering Tradesperson Level 09
105
383.50
54.60
473.50
911.60
19.70
101.50
12.00
54,503
employees not
Engineering Tradesperson Level 08
110
401.70
57.20
476.70
935.60
20.70
101.70
12.00
55,818
elsewhere
Engineering Tradesperson Level 07
115
420.00
59.80
477.90
957.70
21.60
102.00
12.00
57,033
classified
Engineering Tradesperson Level 06
125
456.50
65.00
486.70
1008.20
23.50
82.00
12.00
58,723

Engineering Tradesperson Level 05
130
474.80
67.60
487.60
1030.00
24.40
82.30
10.00
59,819
Electrical Fitter/
Engineering Tradesperson Level 10
100
365.20
52.00
470.20
887.40
18.80
127.80
12.00
54,566
Mechanic
Engineering Tradesperson Level 09
105
383.50
54.60
473.50
911.60
19.70
128.20
12.00
55,896

Engineering Tradesperson Level 08
110
401.70
57.20
476.70
935.60
20.70
128.60
12.00
57,221

Engineering Tradesperson Level 07
115
420.00
59.80
477.90
957.70
21.60
128.80
12.00
58,431

Engineering Tradesperson Level 06
125
456.50
65.00
484.30
1005.80
23.50
108.50
12.00
59,980

Engineering Tradesperson Level 05
130
474.80
67.60
487.60
1030.00
24.40
109.00
10.00
61,212