ELECTRICAL TRADES (SECURITY ALARMS INDUSTRY) AWARD, 1980

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Electrical Trades Union WA

APPLICANT

-v-

Wormald Security Controls AND OTHERS

RESPONDENTS

CORAM Senior Commissioner R Cosentino

DATE FRIDAY, 4 FEBRUARY 2022

FILE NO/S APPL 51 OF 2021

CITATION NO. 2022 WAIRC 00044

Result Award varied

Representation

Applicant Ms B Ward

Respondents No appearance

Order

WHEREAS this is an application filed by the Electrical Trades Union WA on 19 November 2021 to vary the Electrical Trades (Security Alarms Industry) Award, 1980 (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 update the allowances contained in the Award by the respective percentage increases determined by the State Wage Case decisions 2016 to 2021 and CPI;

AND WHEREAS clauses 11, 15 and 28 allowances were last varied on 5 November 2015 ([2015] WAIRC 01001; (2015) 95 WAIG 1829);

AND WHEREAS clauses 16 and 18 allowances were last varied on 9 December 2014 ([2014] WAIRC 01334; (2014) 94 WAIG 1874) to take into account the 2015 State Wage Case and CPI increases to the March 2014 quarter respectively;

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 only party named in Schedule Two of the Award is the ETU;

AND WHEREAS the Electrical and Communications Association of Western Australia (Union of Employers) advised that it consented to the application on the basis that any orders take effect from the first full pay period on or after 1 January 2022;

AND WHEREAS notice of the application was provided to the employer respondents to the Award, none of whom filed a response. The application is, therefore, 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 the Award does not specify a method for adjusting allowances which is at odds with the methods involved in this application;

AND BEING satisfied that:

(a) The amendments proposed do not affect 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 –

THAT the Electrical Trades (Security Alarms Industry) Award, 1980 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 1 January 2022.

Senior Commissioner R Cosentino

SCHEDULE

1. Clause 11. - Overtime: Delete paragraph (f) of subclause (3) of this Clause and insert in lieu thereof:

(f) Subject to the provisions of paragraph (g) 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 $14.50 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required they shall be supplied with each such meal by the employer or be paid $10.00 for each meal so required.

2. Clause 15. - Special Rates and Provisions:

A. Delete subclauses (1), (2), (3) and (4) of this Clause and insert in lieu thereof the following:

(1) Height Money: An employee shall be paid an allowance of $3.35 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 nor to riggers and splicers on ships or buildings.

(2) Dirt Money: An employee shall be paid an allowance of 68 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) Confined Space: An employee shall be paid an allowance of 86 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.

(4) Hot Work: An employee shall be paid an allowance of 68 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.

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

(6) Percussion Tools:

An employee shall be paid an allowance of 44 cents per hour when working a pneumatic rivetter of the percussion type and other pneumatic tools of the percussion type.

C. Delete subclauses (13) and (14) of this Clause and insert in lieu thereof the following:

(13) 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 $14.00 per week in addition to their ordinary rate.

(14) A Serviceperson - Special Class, a Serviceperson or an Installer 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 on the 28th day of February, 1978 under the Electricity Act 1945 shall be paid an allowance of $28.20 per week.

3. Clause 16. - Car Allowance: Delete subclause (3) of this Clause and insert in lieu thereof the following:

(3) A year for the purpose of this Clause shall commence on the 1 July and end on the 30 June next following.

4. Clause 18. - Distant Work: Delete subclauses (4) and (5) of this Clause and insert in lieu thereof the following:

(4) An employee to whom the provisions of subclause (1) of this Clause apply shall be paid an allowance of $37.00 for any weekend that they return to their home from the job but only if -

(a) The employee advises the employer or the employer's 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 for 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.

(5) 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 $16.50 per day provided that where the time actually spent in travelling either to or from the job exceeds 20 minutes, that excess time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.

5. Clause 28. - Wages: Delete subclauses (3), (4) and (5) of this Clause and insert in lieu thereof the following:

(3) (a) Where an employer does not provide a tradesperson with the tools ordinarily required by that tradesperson in the performance of their work as a tradesperson the employer shall pay a tool allowance of $19.50 per week to such tradesperson for the purpose of such tradesperson supplying and maintaining tools ordinarily required in the performance of their work as a tradesperson.

(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.

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

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

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

(i) $62.90 per week if they are engaged on the construction of a large industrial undertaking or any large civil engineering project.

(ii) $57.00 per week if they are engaged in 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 they are required to work. A multi-storeyed building is a building which, when completed, will consist of at least five storeys.

(iii) $33.00 per week if they are 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 apply to particular work shall be determined by the Board of Reference.

(c) An allowance paid under this subclause includes any allowance otherwise payable under Clause 15. - Special Rates and Provisions of this Award except the allowance for work at heights, the first aid allowance and the licence allowance.

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

(a) If placed in charge of not less than three and not more than ten other employees  $35.80

(b) If placed in charge of not less than ten and not more than twenty other employees $54.50

(c) If placed in charge of more than twenty other employees    $70.30