GATE, FENCE AND FRAMES MANUFACTURING AWARD

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Electrical Trades Union WA

APPLICANT

-v-

Joyce Bros. (W.A.) Pty Ltd AND OTHERS

RESPONDENTS

CORAM Senior Commissioner R Cosentino

DATE FRIDAY, 7 JANUARY 2022

FILE NO/S APPL 53 OF 2021

CITATION NO. 2022 WAIRC 00005

Result Award varied

Representation

Applicant Ms B Ward

Respondents No appearance

Order

WHEREAS this is an application filed by the Electrical Trades Union WA (ETU) on 19 November 2021 to vary the Gate, Fence and Frames Manufacturing Award (Award) pursuant to s 40 of the Industrial Relations Act 1979 (WA) (IR Act);

AND WHEREAS the application set out the grounds upon which it is made, indicating the application is made to increase allowances in the Award effected by the State Wage Case decisions 2016 to 2021 and CPI;

AND WHEREAS the proposed key amendments sought by the present application were set out in an attachment to the application supported by a second attachment showing the calculations underpinning the amendments sought;

AND WHEREAS the Award lists only two employer respondents: Joyce Bros. (W.A.) Pty Ltd and Skinners Pty Ltd, neither of whom are currently registered corporate entities;

AND WHEREAS the named respondents to the ETU’s application herein: CAI Fences Pty Ltd, DBS Fencing, Woodford Gatemakers Pty Ltd were each duly served;

AND WHEREAS no response to the application was received within the time specified and the application is unopposed;

AND WHEREAS as the ETU is a party bound by the Award it has standing to bring the application under s 40(2) of the IR Act;

AND WHEREAS as the application is not made within the term specified in clause 4 of the Award, s 40(3) of the IR Act is inapplicable and no barrier to the amendments sought;

AND WHEREAS the Award does not specify a method for adjusting allowances which is at odds with the methods involved in this application. The adjustments sought are consistent with the wage fixing principles set out in the 2021 State Wage Case;

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 Gate, Fence and Frames Manufacturing Award 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 7. - Overtime: Delete paragraph (f) of subclause (3) of this Clause and insert in lieu thereof the following:

(f) Subject to the provisions of paragraph (h) of this subclause, an employee required to work overtime for more than two hours, shall be supplied with a meal by the employer or be paid $13.30 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with such meal by the employer or paid $9.20 for each meal so required.

2. Clause 14. - Special Rates and Provisions:

A. Delete subclauses (1) and (2) of this Clause and insert in lieu thereof the following:

(1) Dirt Money: An employee shall be paid an allowance of 67 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.

(2) Confined Space: An employee shall be paid an allowance of 84 cents per hour when, because of the dimensions of the compartment or space in which the employee is working, the employee is required to work in a stooped or otherwise cramped position or without proper ventilation.

B. Delete subclause (4) of this Clause and insert in lieu thereof the following:

(4) An employee, holding a Third Year First Aid Medallion of the St. John Ambulance Association appointed by the employer to perform first aid duties, shall be paid $13.80 per week in addition to the ordinary rate.

3. Clause 19. - Fares and Travelling Time: Delete paragraphs (a), (b) and (c) of subclause (2) of this Clause and insert in lieu thereof the following:

(a) On places within a radius of 50 kilometres from the General Post Office, Perth - $17.90 per day.

(b) For each additional kilometre to a radius of 60 kilometres from the General Post Office, Perth - 80 cents per kilometre.

(c) Subject to the provisions of paragraph (d), of this subclause work performed at places beyond a 60 kilometre radius from the General Post Office, Perth shall be deemed to be distant work unless the employer and the employees with the consent of the Union, agree in any particular case that the travelling allowance for such work shall be paid under this clause, in which case an additional allowance of 80 cents per kilometre shall be paid for each kilometre in excess of 60 kilometres.

4. Clause 20. – Distant Work: Delete subclauses (6) and (7) of this Clause and insert in lieu thereof the following:

(6) An employee to whom the provisions of subclause (1) of this clause apply shall be paid an allowance of $35.00 for any week-end the employee returns to the employee's home from the job, but only if -

(a) The employee advises the employer or the employer's agent of the employee's intention not later than the Tuesday immediately preceding the week-end in which the employee so returns;

(b) The employee is not required for work during that week-end;

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

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

(7) Where an employee, supplied with board and lodging by the 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 $15.40 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.

5. First Schedule - Wages:

A. Delete subclause (2) of this Schedule and insert in lieu thereof the following:

(2) Leading Hand: In addition to the appropriate rate prescribed in subclause (1) of this clause, a leading hand shall be paid:

B. Delete subclause (6) of this Schedule and insert in lieu thereof the following:

(6) (a) Where an employer does not provide a tradesperson or an apprentice with the tools ordinarily required by that tradesperson or apprentice in the performance of their work as a tradesperson or as an apprentice, the employer shall pay a tool allowance of -

(i) $20.10 per week to such tradesperson, or

(ii) In the case of an apprentice a percentage of $20.10 being the percentage which appears against the year of apprenticeship in subclause (a) of subclause (3) of this Schedule.

For the purpose of such tradesperson or apprentice supplying and maintaining tools ordinarily required in the performance of their work as a tradesperson or apprentice.

(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 schedule.

(c) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments.

(d) A tradesperson or apprentice shall replace or pay for any tools supplied by the employer, if lost through their negligence.