2022 WAIRC 00058
APPLICATION TO VARY METAL TRADES (GENERAL) AWARD
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES COMMISSION'S OWN MOTION
APPLICANT
-V-
(NOT APPLICABLE)
RESPONDENT
CORAM COMMISSIONER T B WALKINGTON
DATE WEDNESDAY, 9 FEBRUARY 2022
FILE NO/S APPL 7 OF 2020
CITATION NO. 2022 WAIRC 00058

Result Award varied
Representation


Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations
Mr P Moss on behalf of Chamber of Commerce and Industry Western Australia
Dr T Dymond on behalf of UnionsWA
Ms P Lim on behalf of the Australian Manufacturing Workers’ Union


Order
HAVING heard from Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations, Mr P Moss on behalf of Chamber of Commerce and Industry WA, Dr T Dymond on behalf of UnionsWA and Ms P Lim on behalf of the Australian Manufacturing Workers’ Union, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –
THAT the Metal Trades (General Award) 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 9 February 2022.




COMMISSIONER T B WALKINGTON


SCHEDULE

1. Clause 1.2 – Arrangement:

(A) Delete clause 6.2 and insert in lieu thereof the following:

6.2 Sick / Carer’s Leave

(B) Delete clause 6.6 and insert in lieu thereof the following:

6.6 (Deleted)

(C) Delete clause 8.4 and insert in lieu thereof the following:

8.4 (Deleted)

(D) Delete Appendix 3 and insert in lieu thereof the following:

Appendix 3 - ACTU Code of Conduct on Twelve Hour Shift Work


2. Clause 1.6 – Definitions and Classification Structure:

(A) Delete subclause 1.6.1 of this clause and insert in lieu thereof the following:

"Apprentice" means an apprentice under the Vocational Education and Training Act 1996, or any successor legislation.

"Casual Employee" means an employee engaged and paid as such.

"Construction work" means work on site in or in connection with:

(1) the construction of a large industrial undertaking or any large civil engineering project;

(2) the construction or erection of any multi-storey building; and

(3) the construction, erection or alteration of any other building; structure, or civil engineering project which the employer and the union or unions concerned agree or, in the event of disagreement, which the Commission declares to be construction work for the purposes of this Award.

"Junior Employee" means an employee under the age of 21 years who is not an apprentice.

"Commission" means the Western Australian Industrial Relations Commission.

"Registrar" means the Registrar of the Western Australian Industrial Relations Commission.

"the Act" means the Industrial Relations Act 1979.

(B) Delete subclause 1.6.2(1) of this clause and insert in lieu thereof the following:

(1) The following classifications and definitions have superseded the old task and craft based definitions contained in Appendices 1 and 2 hereof. The following classifications specify skill and training standards and broad areas of work. The definitions recognise the relevant qualifications as recognised and accredited in Western Australia by the Department of Training and Workforce Development or its successor.

(C) Delete subclause 1.6.2(4) of this clause and insert in lieu thereof the following:

(4) Appointment to any wage level in the classification structure is contingent upon such additional work being available and required to be performed by the employer.

Wage Group
Classification Title
Minimum Training Requirement



C 5
Advanced Engineering Tradesperson - Level II
Diploma of Engineering - Advanced Trade, or equivalent.



C 6
Advanced Engineering Tradesperson - Level I
C10 + 80% towards a Diploma of Engineering - Advanced Trade, or equivalent.



C 7
Engineering Tradesperson
Special Class - Level II
Certificate IV in Engineering, or C10 + 60% towards a Diploma of Engineering, or equivalent.



C 8
Engineering Tradesperson
Special Class - Level I
C10 + 40% towards a Diploma of Engineering, or equivalent.



C 9
Engineering Tradesperson - Level II
C10 + 20% towards a Diploma of Engineering, or equivalent.



C 10
Engineering Tradesperson -
Level I Engineering / Production Employee
Recognised Trade Certificate, or Certificate III in Engineering -Mechanical Trade, or Certificate III in Engineering - Fabrication Trade, or Certificate III in Engineering - Electrical/Electronic Trade, or equivalent.



C 11
Engineering / Production Employee - Level IV
Engineering Production Certificate II, or Certificate II in Engineering Production Technology, or equivalent.



C 12
Engineering / Production Employee - Level III
Engineering Production Certificate I or Certificate II in Engineering, or equivalent.



C 13
Engineering / Production Employee - Level II
In-house Training



C 14
Engineering / Production Employee - Level I
Up to 38 hours' induction training

(D) Delete subclause 1.6.3(1) of this clause and insert in lieu thereof the following:

(1) Engineering/Production Employee - Level I
(Relativity to C10 - 78%)

An Engineering/Production Employee - Level I is an employee who undertakes up to 38 hours' induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow employees, training and career path opportunities, plant lay-out, work and documentation procedures, occupational health and safety, equal employment opportunity and quality control/assurance.

(E) Delete subclause 1.6.4(1) of this clause and insert in lieu thereof the following:

(1) Engineering/Production Employee - Level II
(Relativity to C10 - 82%)

An Engineering/Production Employee - Level II has completed up to three (3) months structured training so as to enable the employee to perform work within the scope of this level.

(F) Delete subclause 1.6.4(3)(c) and (d) of this clause and insert in lieu thereof the following:

(c) Basic soldering or butt and spot welding skills or cutting scrap with oxy-acetylene blow pipe.

(d) Uses selected hand tools.

(G) Delete subclause 1.6.5(1) of this clause and insert in lieu thereof the following:

(1) Engineering/Production Employee - Level III
(Relativity to C10 - 87.4%)

An Engineering/Production Employee - Level III has completed an Engineering Production Certificate I or Certificate II in Engineering or equivalent training to enable him/her to perform work within the scope of this Level.

(H) Delete subclause 1.6.5(3)(d) of this clause and insert in lieu thereof the following:

(d) Basic tracing and sketching skills.

(I) Delete subclause 1.6.6(1) and (2) of this clause and insert in lieu thereof the following:

(1) Engineering/Production Employee - Level IV
(Relativity to C10 - 92.4%)

An Engineering/Production Employee - Level IV has completed an Engineering Production Certificate II, or Certificate II in Engineering Production Technology, or equivalent as to enable the employee to perform work within the scope of this Level.

(2) At this Level an employee performs work above and beyond the skills of an employee at C12 and to the level of the employee's training:

(a) Works from complex instructions and procedures.

(b) Assists in the provision of on-the-job training to a limited degree.

(c) Co-ordinates work in a team environment or works individually under general supervision.

(d) Is responsible for assuring the quality of his or her own work.

(J) Delete subclause 1.6.9(1) of this clause and insert in lieu thereof the following:

(1) Engineering Tradesperson - Level II
(Relativity to C10 - 105%)

An Engineering Tradesperson - Level II is an:

Engineering Tradesperson (Automotive) - Level II; or

Engineering Tradesperson (Electrical/Electronic) - Level II; or

Engineering Tradesperson (Mechanical) - Level II; or

Engineering Tradesperson (Fabrication) - Level II,

who has completed the minimum training requirements specified in clause 1.6.2(4) or equivalent.

(K) Delete subclause 1.6.10(1) of this clause and insert in lieu thereof the following:

(1) Engineering Tradesperson Special Class - Level I
(Relativity to C10 - 110%)

An Engineering Tradesperson Special Class - Level I means an:

Engineering Tradesperson Special Class (Automotive) - Level I; or

Engineering Tradesperson Special Class (Electrical/Electronic) - Level I; or

Engineering Tradesperson Special Class (Mechanical) - Level I; or

Engineering Tradesperson Special Class (Fabrication) - Level I,

who has completed the minimum training requirements specified in clause 1.6.2(4) or equivalent.

(L) Delete subclause 1.6.11(1) of this clause and insert in lieu thereof the following:

(1) Engineering Tradesperson Special Class - Level II
(Relativity to C10 - 115%)

An Engineering Tradesperson Special Class - Level II means an:

Engineering Tradesperson Special Class (Automotive) - Level II; or

Engineering Tradesperson Special Class (Electrical/Electronic) - Level II; or

Engineering Tradesperson Special Class (Mechanical) - Level II; or

Engineering Tradesperson Special Class (Fabrication) - Level II,

who has completed the minimum training requirements specified in clause 1.6.2(4) or equivalent.

(M) Delete subclause 1.6.12(1) and the preamble of this clause and insert in lieu thereof the following:

(1) Advanced Engineering Tradesperson - Level I
(Relativity to C10 - 125%)

An Advanced Engineering Tradesperson Level I means an:

Advanced Engineering Tradesperson (Automotive) - Level I; or

Advanced Engineering Tradesperson (Electrical/Electronic) - Level I; or

Advanced Engineering Tradesperson (Mechanical) - Level I; or

Advanced Engineering Tradesperson (Fabrication) - Level I,

who has completed, (including appropriate on-the-job training) the minimum training requirements specified in clause 1.6.2(4) or equivalent.

(N) Delete subclause 1.6.13(1) and the preamble of this clause and insert in lieu thereof the following:

(1) Advanced Engineering Tradesperson - Level II
(Relativity to C10 - 130%)

An Advanced Engineering Tradesperson - Level II means an:

Advanced Engineering Tradesperson (Automotive) - Level II; or

Advanced Engineering Tradesperson (Electrical/Electronic) Level II; or

Advanced Engineering Tradesperson (Mechanical) - Level II; or

Advanced Engineering Tradesperson (Fabrication) - Level II,

who has completed (including appropriate on-the-job training) the minimum training requirements specified in clause 1.6.2(4) or equivalent.


3. Clause 2.1 – Contract of Service:

(A) Delete subclause 2.1.1(2) of this clause and insert in lieu thereof the following:

(2) For the purposes of 2.1.1(1), the definition of "serious misconduct" is misconduct, including conduct as defined by regulation 1.07 of the Fair Work Regulations 2009 (as amended from time to time), of such a nature that it would be unreasonable to require the employer to continue the employment of the employee concerned during the required period of notice.

(B) Delete subclause 2.1.2(1) of this clause and insert in lieu thereof the following:

(1) In order to terminate the employment of an employee the employer shall give the employee the following notice in writing:

PERIOD OF CONTINUOUS SERVICE WITH THE EMPLOYER
PERIOD OF NOTICE


Not more than 1 year
At least 1 week


More than 1 year but less than 3 years
At least 2 weeks


More than 3 years but less than 5 years
At least 3 weeks


More than 5 years
At least 4 weeks

(C) Delete subclause 2.1.2(5), (6), (7), (8), (9) and (10) of this clause and insert in lieu thereof the following:

(5) The period of notice in this subclause shall not apply to those employees who are exempt from receiving notice under Subdivision A of Division 11 of Part 2-2 of the Fair Work Act 2009, as amended from time to time.

(6) For the purpose of this clause an employee’s continuity of service has the same meaning as prescribed in section 22 of the Fair Work Act 2009.

(7) In order to terminate the employment of a casual employee the employer shall give the employee one hour's notice, or one hour's wages in lieu of notice.

(8) The provisions of this subclause shall not apply in any case where the employee's contract of service is changed from PART 1 - GENERAL to PART 2 – CONSTRUCTION WORK, of this Award.

(D) Delete subclause 2.1.3(1) of this clause and insert in lieu thereof the following:

(1) The notice of termination required to be given by an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned, and the required period of notice to be given by any casual employee shall be one hour.

(E) Delete subclause 2.1.7(2) and (3) of this clause and insert in lieu thereof the following:

(2) The provisions of 2.1.7(1) also apply where the employee cannot be usefully employed through any cause which the employer could not reasonably have prevented but only if, and to the extent that, the employer and the union or unions concerned so agree or, in the event of disagreement, the Commission so determines.

(3) Where the stoppage of work has resulted from a breakdown of the employer's machinery the Commission, in determining a dispute under 2.1.7(2), shall have regard for the duration of the stoppage and the endeavours made by the employer to repair the breakdown.


4. Clause 2.2 – Training: Delete subclause 2.2.5 and 2.2.6 of this clause and insert in lieu thereof the following:

2.2.5 Any disputes arising in relation to 2.2.2 and 2.2.3 shall be subject to the provisions of Clause 7. - Dispute Resolution Procedure of this Award.


5. Clause 2.3 – Redundancy:

(A) Delete subclause 2.3.3(1) of this clause and insert in lieu thereof the following:

(1) In addition to the period of notice prescribed in 2.1.2(1) in Clause 2.1 - Contract of Service, of this Award, for ordinary termination, and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in 2.3.1 shall be entitled to the following amount of severance pay in respect of a continuous period of service.

PERIOD OF CONTINUOUS SERVICE
SEVERANCE PAY


Less than 1 year
Nil
1 year and less than 2 years
4 weeks' pay
2 years and less than 3 years
6 weeks' pay
3 years and less than 4 years
7 weeks' pay
4 years and less than 5 years
8 weeks' pay
5 years and less than 6 years
10 weeks' pay
6 years and less than 7 years
11 weeks' pay
7 years and less than 8 years
13 weeks' pay
8 years and less than 9 years
14 weeks' pay
9 years and less than 10 years
16 weeks' pay
10 years and over
12 weeks' pay

"Weeks' Pay" means the ordinary weekly rate of wage for the employee concerned.

Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.

(B) Delete subclause 2.3.6(1) of this clause and insert in lieu thereof the following:

(1) During the period of notice of termination of employment given by an employer, an employee whose employment is to be terminated for reasons set out in 2.3.1 shall for the purpose of seeking other employment be entitled to be absent from work during each week of notice up to a maximum of eight ordinary hours without deduction of pay. The eight hours need not be consecutive.

(C) Delete subclause 2.3.8 including heading of this clause and insert in lieu thereof the following:

2.3.8 Termination / Redundancy Fund

Employers may, at their discretion, utilise a fund to meet their liabilities to their employees accrued pursuant to the term of this clause, provided that such fund shall provide a level of benefits equal to those prescribed by this clause.

(C) Delete subclause 2.3.10 of this clause and insert in lieu thereof the following:

This clause shall not apply where employment is terminated as a consequence of serious misconduct that justifies dismissal without notice or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks.

(D) Delete subclause 2.3.11 of this clause and insert in lieu thereof the following:

Subject to an order of the Commission, in a particular redundancy case, clause 2.3.3 – Severance Pay shall not apply to employers who employ less than fifteen (15) employees.


6. Clause 3.1 Hours:

(A) Delete subclause 3.1.1(2) of this clause and insert in lieu thereof the following:

(2) Subject to the provisions of 3.1.3 the ordinary hours of the work shall be an average of 38 per week to be worked on one of the following bases.


(a)
38 hours within a work cycle not exceeding seven (7) consecutive days; or


(b)
76 hours within a work cycle not exceeding fourteen (14) consecutive days; or


(c)
114 hours within a work cycle not exceeding twenty-one (21) consecutive days; or


(d)
152 hours within a work cycle not exceeding twenty-eight (28) consecutive days; or


(e)
where the ordinary hours being worked each day are in accordance with 3.1.1(5)(b), any other work cycle during which a weekly average of 38 ordinary hours are worked; or


(f)
for the purposes of 3.1.3(6) any other work cycle during which a weekly average of 38 ordinary hours are worked as may be agreed in accordance with 3.1.3(6).

(B) Delete subclause 3.1.1(5)(b)(i) of this clause and insert in lieu thereof the following:

(i) the employer and the employees concerned being guided by the Occupational Health and Safety provisions of the ACTU Code of Conduct on 12 Hour Shifts, as outlined in Appendix 3 of this Award;

(C) Delete subclause 3.1.2(3)(b)(i) of this clause and insert in lieu thereof the following:

(i) the employer and the employees concerned being guided by the Occupational Health and Safety provisions of the ACTU Code of Conduct on 12 Hour Shifts, as outlined in Appendix 3 of this Award;

(D) Delete subclause 3.1.3(1)(e) of this clause and insert in lieu thereof the following:

(e) except in the case of continuous shift employees, where the ordinary hours of work are worked within an arrangement as provided in 3.1.3(1)(c) or 3.1.3(1)(d), any day off duty shall be arranged so that it does not coincide with a public holiday prescribed in 6.7.1 of Clause 6.7 - Public Holidays of this Award.


(7) Clause 3.2 Overtime:

(A) Delete subclause 3.2.1(3)(b) of this clause and insert in lieu thereof the following:

(b) Work done on any day prescribed as a public holiday under this Award shall be paid for at the rate of double time and a half.

(B) Delete subclause 3.2.2(2) of this clause and insert in lieu thereof the following:

(2) Subject to the provisions of 3.2.2(3) all time worked in excess of or outside the ordinary working hours, or on a shift other than a rostered shift, shall be paid for at the rate of double time, except where an employee is called upon to work a sixth shift in not more than one week in any four weeks, when the employee shall be paid for such shift at time and a half for the first four hours and double time thereafter.

For the purposes of this subclause, ordinary hours shall mean the hours of work fixed in an establishment in accordance with 3.1.3 of Clause 3.1 - Hours.

(C) Delete subclause 3.2.3(3)(d) of this clause and insert in lieu thereof the following:

(d) Where an employee (other than a casual employee or an employee engaged on continuous shift work) is called into work on a Sunday or public holiday prescribed under this Award preceding an ordinary working day, the employee shall, wherever reasonably practicable, be given ten consecutive hours off duty before the employee's usual starting time on the next day. If this is not practicable, then the provisions of 3.2.3(3)(b) and 3.2.3(3)(c) shall apply, the necessary changes having been made.

(D) Delete subclause 3.2.3(3)(f) of this clause and insert in lieu thereof the following:

(f) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of 3.2.3(3) when the actual time worked is less than three hours on such recall or on each of such recalls.

(E) Delete subclause 3.2.3(9)(b) of this clause and insert in lieu thereof the following:

(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

(i) any risk to the employee’s health and safety that might reasonably be expected to arise if the employee worked the overtime;
(ii) the employee's personal circumstances (including any family responsibilities);
(iii) the conduct of the operations or business in relation to which the employee is required or requested to work the overtime;
(iv) any notice given by the employer of the requirement or request that the employee work the overtime;
(v) any notice given by the employee of the employee’s intention to refuse to work the overtime;
(vi) whether any of the overtime is on a public holiday in the area of the State where the employee is required or requested to work the overtime;
(vii) the employee’s hours of work over the 4 weeks ending immediately before the employee is required or requested to work the overtime; and
(viii) any other relevant matter.

(F) Delete subclause 3.2.4 of this clause and insert in lieu thereof the following:

3.2.4 The provisions of this clause do not operate so as to require payment of more than double time rates, or double time and a half on a public holiday prescribed under this Award, for any work except and to the extent that the provisions of Clause 5.2 - Special Allowances and Facilities of this Award apply to that work.


(8) Clause 3.3 Shift Work:

(A) Delete subclause 3.3.3(2) of this clause and insert in lieu thereof the following:

(2) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or any other day that the employer observes a shut down for the purpose of allowing a 38 hour week or on any public holiday.

(B) Delete subclause 3.3.5 of this clause and insert in lieu thereof the following:

3.3.5 A shift employee when on afternoon or night shift shall be paid for such shift fifteen per cent (15%) more than the employee's ordinary rate prescribed by this Award.

(C) Delete subclause 3.3.6(1) of this clause and insert in lieu thereof the following:

3.3.6 (1) All work performed on a rostered shift, when the major portion of such shift falls on a Saturday, Sunday or a public holiday, shall be paid for as follows -

Saturday - at the rate of time and one half.

Sunday - at the rate of time and three quarters.

Public Holidays - at the rate of double time.

(D) Delete subclause 3.3.7 of this clause and insert in lieu thereof the following:

3.3.7 A continuous shift employee who is not required to work on a public holiday which falls on the employee's rostered day off shall be allowed a day's leave with pay to be added to annual leave or taken at some other time if the employee so agrees.


(9) Clause 4.2 Supported Wage System for Employees with Disabilities:

(A) Delete subclause 4.2.1(1) and (2) of this clause and insert in lieu thereof the following:

(1) "Supported Wage System" means the Commonwealth Government system to promote employment for people who cannot work at full Award wages because of a disability as documented in “Supported Wages System Handbook”. The Handbook is available from the following website: www.jobaccess.gov.au

(2) "Approved Assessor" means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.

(B) Delete subclause 4.2.1(4) of this clause and insert in lieu thereof the following:

(4) "Assessment instrument" means the tool provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

(C) Delete subclause 4.2.2 of this clause and insert in lieu thereof the following:

Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this Award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension. (The clause does not apply to any existing employee who has a claim against the employer that is subject to the provisions of workers’ compensation legislation or any provision of this Award relating to the rehabilitation of employees who are injured in the course of their current employment.)

(D) Delete subclause 4.2.3 of this clause and insert in lieu thereof the following:

Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this Award for the class of work which the person is performing according to the following schedule:

Assessed Capacity (subclause 4.2.4)
% of Prescribed Award Rate
10%*
10%
20%
20%
30%
30%
40%
40%
50%
50%
60%
60%
70%
70%
80%
80%
90%
90%

Provided that the minimum amount payable shall be not less than that prescribed in Schedule D of the national Miscellaneous Award 2020, as amended from time to time.

* Where a person’s assessed capacity is 10%, he or she shall receive a high degree of assistance and support.

(E) Delete subclause 4.2.4 of this clause and insert in lieu thereof the following:

For the purpose of establishing the percentage of the Award rate to be paid to an employee under this Award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by an approved assessor, having consulted the employer and employee and, if the employee so desires, the union.

(F) Delete subclause 4.2.9(3) of this clause and insert in lieu thereof the following:

(3) The minimum amount payable to the employee during the trial period shall be no less than that prescribed in Schedule D of the national Miscellaneous Award 2020, as amended from time to time.


(10) Clause 4.4 Junior Employees: Delete this clause and insert in lieu thereof the following:

Junior employees shall not be employed in any occupation to which apprentices may be taken pursuant to the provisions of the Vocational Education and Training Act 1996, or any successor legislation.


(11) Clause 4.5 Part Time Employment: Delete subclause 4.5.3 of this clause and insert in lieu thereof the following:

4.5.3 A part time employee who works in excess of the hours fixed under the contract of employment shall be paid overtime in accordance with Clause 3.2 - Overtime of this Award.

(12) Clause 4.6 Payment of Wages:

(A) Delete subclause 4.6.3(1) and (2) of this clause and insert in lieu thereof the following:

(1) An employee whose ordinary hours are arranged in accordance with 3.1.3(1)(c) or 3.1.3(1)(d) of Clause 3.1 - Hours of this Award and who is paid wages in accordance with 4.6.2(2) and is absent from duty (other than on paid leave) shall, for each day the employee is so absent, lose average pay for that day calculated by dividing the employee's average weekly wage rate by 5.

An employee who is so absent from duty for part of a day shall lose average pay for each hour the employee is absent by dividing the employee's average daily pay rate by 8.

(2) Provided when such an employee is absent from duty (other than on paid leave) for a whole day the employee will not accrue a "credit" because the employee would not have worked ordinary hours that day in excess of 7 hours 36 minutes for which the employee would otherwise have been paid. Consequently, during the week of the work cycle the employee is to work less than 38 ordinary hours the employee will not be entitled to average pay for that week. In that week, the average pay will be reduced by the amount of the "credit" the employee does not accrue for each whole day during the work cycle the employee is absent (other than on paid leave).

The amount by which an employee's average weekly pay will be reduced when the employee is absent from duty (other than on paid leave) is to be calculated as follows:



Total of "credits" not accrued during cycle


x

average weekly pay
38
Examples


1
Employee takes one day off without authorisation in first week of cycle

Week of Cycle
Payment

1st week
= average weekly pay less one day's pay (i.e. 1/5th)

2nd & 3rd weeks
= average weekly pay each week

4th Week
= average pay less credit not accrued on day of absence


= average pay less 0.4 hours x (average weekly pay / 38)


2.
Employee takes each of the 4 days off without authorisation in the 4th week.

Week of Cycle
Payment

1st, 2nd & 3rd weeks
= average pay each week

4th week
= average pay less 4/5ths of average pay for the four days absent less total of credits not accrued that week


= 1/5th average pay less 4 x 0.4 hours x (average weekly pay / 38)


= 1/5th average pay less 1.6 hours x (average weekly pay / 38)

(B) Delete subclause 4.6.5 of this clause and insert in lieu thereof the following:

In the event that an employee who is paid by cash or cheque, by virtue of the arrangement of the employee's ordinary working hours, is to take a day off duty on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day. Provided that, where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

(C) Delete subclause 4.6.6 of this clause and insert in lieu thereof the following:

An employee's wages may be paid by cash, cheque or direct transfer into the employee's bank (or other recognised financial institution) account.

(D) Delete subclause 4.6.8 of this clause and insert in lieu thereof the following:

Where an employee requests the employer to state in writing with respect to each week's wages the amount of wages to which the employee is entitled, the amount of deductions made therefrom, the net amount being paid, and the number of hours worked, the employer shall do so. In the case of employees paid by cash or cheque, this shall occur not less than two (2) hours before the employee is paid.


(13) Clause 4.7 Time and Wages Record:

(A) Delete subclause 4.7.4(8) of this clause and insert in lieu thereof the following:

(8) any other information in respect of the employee required under the Award to be recorded; and

(9) any information, not otherwise covered by this subsection, that is necessary to show that the remuneration and benefits received by the employee comply with the Award.

(B) Delete subclause 4.7.6(1)(b) of this clause and insert in lieu thereof the following:

(b) let the person inspect the employment records at the employer’s premises, or other convenient place, during usual business hours.


(14) Clause 4.8 Wages and Supplementary Payments:

(A) At the end of subclause 4.8.3 insert the following note:

Note:

* Adult apprentices aged 21 or more are entitled to receive the minimum adult apprentice wage, as set out in Clause 4.1.10 of this Award, or the relevant amount referred to above, whichever is the higher.
* The General Order on Wage structures for school-based and part-time apprentices applies to apprentices working under this Award.

(B) Delete subclause 4.8.6(3) and (4) of this clause and insert in lieu thereof the following:

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

(4) A tradesperson or apprentice shall replace or pay for any tool supplied by the employer if lost through the employee's negligence.

(C) Delete subclause 4.8.7 of this clause and insert in lieu thereof the following:

4.8.7 An employee employed in rock quarries, limestone quarries or sand pits shall be paid an allowance of $27.60 per week to compensate for dust and climatic conditions when working in the open and for deficiencies in general amenities and facilities, but an employee so employed for not more than three days shall be paid on a pro rata basis.


(15) Clause 4.9 Traineeships:

(A) Delete first paragraph of subclause 4.9.3 of this clause and insert in lieu thereof the following

"Appropriate State Legislation" means the Vocational Education and Training Act 1996, or any successor legislation.

(B) Delete subclause 4.9.5(1) of this clause and insert in lieu thereof the following

(1) A full time Trainee shall be engaged for a maximum of one (1) year's duration, except in respect of AQF III and AQF IV traineeships which may extend up to two (2) years full time, provided that a Trainee shall be subject to a satisfactory probation period of one month which may be reduced at the discretion of the employer. By agreement in writing, and with the consent of the Training Authority, the relevant employer and the Trainee may vary the duration of the Traineeship and the extent of approved training provided that any agreement to vary is in accordance with the relevant Traineeship Scheme. A part-time trainee shall be engaged in accordance with the provisions of 4.9.6(5).

(C) Delete subclause 4.9.6(2)(a) (b) and (c) of this clause and insert in lieu thereof the following

(a) Industry/Skill Level A:

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Industry/Skill Level A.

Highest Year of Schooling Completed

HIGHEST YEAR OF SCHOOLING
School Leaver
Year 10 $
Year 11 $
Year 12 $

$
$
$
 



 
269.00
320.00
394.00
plus 1 year out of school
320.00
394.00
456.00
plus 2 year out of school
394.00
456.00
534.00
plus 3 year out of school
456.00
534.00
610.00
plus 4 year out of school
534.00
610.00
 
plus 5 years/more
610.00
 
 


(b) Industry/Skill Level B:

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Industry/Skill Level B.

Highest Year of Schooling Completed

HIGHEST YEAR OF SCHOOLING

School Leaver
Year 10 $
Year 11 $
Year 12 $

$
$
$
 



 
269.00
320.00
385.00
plus 1 year out of school
320.00
385.00
439.00
plus 2 year out of school
385.00
439.00
517.00
plus 3 year out of school
439.00
517.00
590.00
plus 4 year out of school
517.00
590.00
 
plus 5 years/more
590.00
 
 


(c) Industry/Skill Level C:

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Industry/Skill Level C.

Highest Year of Schooling Completed

HIGHEST YEAR OF SCHOOLING

School Leaver
Year 10 $
Year 11 $
Year 12 $

$
$
$
 



 
269.00
320.00
382.00
plus 1 year out of school
320.00
382.00
429.00
plus 2 year out of school
382.00
429.00
482.00
plus 3 year out of school
429.00
482.00
541.00
plus 4 year out of school
482.00
541.00
 
plus 5 years/more
541.00
 
 

(D) Delete subclause 4.9.6(4) of this clause and insert in lieu thereof the following

Trainees undertaking an AQFIV traineeship shall receive the relevant weekly wage rate for AQFIII trainees at Skill/Industry Levels A, B and C as applicable with the addition of 3.8% of that wage rate.


(16) Clause 5.2 Special Allowances and Facilities:

(A) Delete subclause 5.2.3 of this clause and insert in lieu thereof the following:

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

(B) Delete subclause 5.2.8(1) of this clause and insert in lieu thereof the following:

5.2.8 (1) Where in the opinion of the Commission, the conditions under which work is to be performed are, by reason of excessive heat, exceptionally oppressive, the Commission may –

(a) Fix an allowance, or allowances, not exceeding the equivalent of half the ordinary rate;

(b) Fix the period (including a minimum period) during which any allowance so fixed is to be paid; and

(c) Prescribe such other conditions, relating to the provision of protective clothing or equipment and the granting of rest periods, as the Commission sees fit.

(C) Delete subclause 5.2.19(3), (4) and (5) of this clause and insert in lieu thereof the following:

(3) An article of protective equipment which has been used by an employee shall not be issued by the employer to another employee until it has been effectively sterilised but this paragraph only applies where sterilisation of the article is practicable and is reasonably necessary.

(4) Adequate safety gear (including insulating gloves, mats and/or shields where necessary) shall be provided by employers for employees required to work on live electrical equipment.

(D) Delete subclause 5.2.21 of this clause and insert in lieu thereof the following:

5.2.21 An employee, holding a Provide First Aid certificate (HLTAID011) or equivalent, appointed by the employer to perform first aid duties, shall be paid $12.00 per week in addition to the employee's ordinary rate.

(E) Delete subclause 5.2.22 of this clause and insert in lieu thereof the following:

5.2.22 An electronics tradesperson, an electrician - special class, an electrical fitter and/or armature winder or an electrical installer who holds and, in the course of employment may be required to use, a current electrical licence (unrestricted) issued pursuant to the relevant Regulation in force under the Electricity Act 1945, shall be paid an allowance of $24.70 per week.


(17) Clause 6 Leave: Delete entire clause 6. Leave and insert in lieu thereof the following:

6. - LEAVE


6.1 - ANNUAL LEAVE

6.1.1 (1) Annual Leave is provided for in the Minimum Conditions of Employment Act 1993.

(2) (a) An employee before going on leave shall be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on leave during the relevant period.

(b) Subject to 6.1.1(3) an employee shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following where applicable:

(i) The rate applicable to the employee as prescribed by either:

· Clause 4.8 – Wages and Supplementary Payments of PART 1 – GENERAL; or
· Clause 13 – Wages of PART 2 – CONSTRUCTION WORK;

and the rates prescribed by the following clauses:

· Clause 5.2.11 (Chemical, Artificial Manure and Cement Work);
· Clause 5.2.12 (Abattoirs and Tallow Rendering Works);
· Clause 5.2.13 (Timber and Sawmill Works);
· Clause 5.6 - Location Allowances;

(ii) Subject to 6.1.1(3)(b) the rate prescribed for work in ordinary time by Clause 3.3 - Shift Work according to the employee's roster or projected roster including Saturday and Sunday shifts;

(iii) The rate payable pursuant to Clause 5.1 - Higher Duties calculated on a daily basis, which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise;

(iv) Any other rate to which the employee is entitled in accordance with the contract of employment for ordinary hours of work; provided that this provision shall not operate so as to include any payment which might have become payable to the employee as reimbursement for expenses incurred, nor any payment which is of a similar nature to or is paid for the same reasons as or is paid in lieu of those payments prescribed by the following clauses:

· Clause 3.2 – Overtime;
· Clause 5.2 - Special Allowances and Facilities / Clause 15.1 - Special Allowances and Provisions;
· Clause 5.3 - Car Allowance;
· Clause 5.4 - Fares and Travelling Time / Clause 15.2 - Allowance for Travelling and Employment; and
· Clause 5.5 - Distant Work / Clause 15.3 - Distant Work.

(3) In addition to the payment prescribed in 6.1.1(2), an employee shall receive a loading calculated on the rate of wage prescribed by that paragraph. This loading shall be as follows -

(a) Day Employees - An employee who would have worked on day work had the employee not been on leave - a loading of 17.5%.

(b) Shift Employees - An employee who would have worked on shift work had the employee not been on leave shall receive whichever is the greater of:

(i) a loading of 17.5%; or

(ii) the shift loadings prescribed by Clause 3.3 - Shift Work and, if applicable, payment for work on a regularly rostered sixth shift in not more than one week in any four weeks had the employee not been on leave during the relevant period.

Where the loading of 17.5% is paid, then such loading shall be added to the rate of wage prescribed by 6.1.1(2) but not including 6.1.1(2)(b)(ii) in lieu of the shift loadings and the said payment.

(c) Except as prescribed in 6.1.4 and Clause 16.1 - Annual Leave Loading of PART 2 - CONSTRUCTION WORK, the loading prescribed by this paragraph shall not apply to proportionate leave on termination.

6.1.2 (1) A seven (7) day shift employee, i.e. a shift employee who is rostered to work regularly on Sundays and public holidays shall be allowed one week's leave in addition to the leave to which the employee is otherwise entitled under this clause.

(2) Where an employee with twelve (12) months' continuous service is engaged as a seven (7) day shift employee, the employee shall be entitled to have the period of annual leave to which the employee is otherwise entitled under this clause increased by one twelfth of a week for each completed month the employee is continuously so engaged.

6.1.3 If any public holiday listed in Clause 6.7 falls within an employee’s period of annual leave and is observed on a day that would have been an ordinary working day for the employee, the period of annual leave is extended by one day for each such public holiday.

6.1.4 (1) Upon termination, an employee shall be paid for any untaken annual leave that relates to a completed year of service at the rate prescribed in 6.1.1(2) and 6.1.1(3) unless -

(a) the employee has been justifiably dismissed for misconduct; and

(b) the leave relates to a year of service that was completed after the misconduct occurred.

(2) If an employee lawfully leaves the employment or the employment is terminated by the employer through no fault of the employee, the employee shall be paid for any untaken pro rata annual leave at the rate of wage prescribed by 6.1.1(2), in respect of each completed week of continuous service that does not relate to a completed year of service.

6.1.5 Where an employer closes down the business, or a section or sections thereof, for the purposes of allowing annual leave to all or the bulk of the employees in the business, or section or sections concerned, the following provisions shall apply:-

(1) The employer may by giving not less than one (1) month's notice of the intention so to do, stand off for the duration of the close down all employees in the business or section or sections concerned.

(2) An employer may close down the business for one or two separate periods for the purpose of granting annual leave in accordance with this subclause. If the employer closes down the business in two separate periods one of those periods shall be for a period of at least three consecutive weeks. Provided that where the majority of the employees in the business or section or sections concerned agree, the employer may close down the business in accordance with this subclause in two separate periods neither of which is of at least three (3) consecutive weeks, or in three (3) separate periods. In such cases the employer shall advise the employees concerned of the proposed date of each close down before asking them for their agreement.

6.1.6 (1) An employer may close down the business, or a section or sections thereof, for a period of at least three (3) consecutive weeks and grant the balance of the annual leave due to an employee in one (1) continuous period in accordance with a roster. Provided that by agreement with the majority of employees concerned, an employer may close down the plant for a period of at least fourteen (14) consecutive days including non-working days and grant the balance of the annual leave due to an employee by mutual arrangement.

(2) An employer may close down the business, or a section or sections thereof for a period of less than three (3) consecutive weeks and allow the balance of the annual leave due to an employee in one or two continuous periods, either of which may be in accordance with a roster. In such a case the granting and taking of annual leave shall be subject to the agreement of the employer and the majority of the employees in the business, or a section or sections thereof respectively and before asking the employees concerned for their agreement, the employer shall advise them of the proposed date of the close down or close downs and the details of the annual leave roster.


6.2 - SICK / CARER’S LEAVE

6.2.1 (1) Sick / carer’s leave is provided for in the Minimum Conditions of Employment Act 1993.

(2) If in the first or successive years of service with the employer an employee is absent on the ground of personal ill health or injury for a period longer than the employee's entitlement to paid sick/carer’s leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid sick/carer’s leave during that year of service.

6.2.2 The employee shall as soon as reasonably practicable advise the employer of his or her inability to attend for work, the reason for the absence and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence.

6.2.3 For absences due to personal illness or injury, an employee shall not be required to provide evidence of the entitlement with respect to absences of two days or less.

6.2.4 (1) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when the employee is absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave.

(2) Application for replacement shall be made within seven (7) days of resuming work and then only if the employee was confined to place of residence or a hospital as a result of the employee personal ill health or injury for a period of seven (7) consecutive days or more and the employee produces a certificate from a registered medical practitioner that the employee was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with 6.2.2 if the employee is unable to attend for work on the working day next following the employee annual leave.

(3) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick/carer’s leave to which the employee was entitled at the time the employee proceeded on annual leave and shall not be made with respect to fractions of a day.

(4) Where paid sick leave has been granted by the employer in accordance with 6.2.4(1), 6.2.4(2) and 6.2.4(3), that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 6.1 - Annual Leave.

(5) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 6.1 - Annual Leave shall be deemed to have been paid with respect to the replaced annual leave.

6.2.5 Where a business has been transmitted from one employer to another and the employee's service has been deemed continuous in accordance with section 6 of the Long Service Leave Act 1958, the paid sick/carer’s leave standing to the credit of the employee at the date of transmission from service with the transmittor shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.


6.3 - LONG SERVICE LEAVE

An employee covered by this Award is entitled to long service leave in accordance with the Long Service Leave Act 1958.


6.4 - BEREAVEMENT LEAVE

6.4.1 Bereavement leave is provided for in the Minimum Conditions of Employment Act 1993.

6.4.2 Payment in respect of bereavement leave is to be made only where the employee otherwise would have been on duty and shall not be granted in any case where the employee concerned would have been off duty in accordance with any shift roster or during a period of any other kind of leave.

6.4.3 For the purposes of this clause the pay of an employee employed on shift work shall be deemed to include any usual shift allowance.


6.5 - PARENTAL LEAVE

6.5.1 Parental leave is provided for in accordance with Division 5 of Part 2-2 of the Fair Work Act 2009 (Cth) and the Minimum Conditions of Employment Act 1993.


6.6 - (DELETED)


6.7 - PUBLIC HOLIDAYS

6.7.1 (1) The following days or the days observed in lieu shall, subject to this clause and to 3.2.1(3) of Clause 3.2 - Overtime of this Award, be allowed as public holidays without deduction of pay, namely -

New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Western Australia Day, Sovereign's Birthday, Christmas Day and Boxing Day.

Provided that another day may be taken as a public holiday by arrangement between the parties in lieu of any of the days named in this subclause.

(2) Employers located north of the 26th parallel of south latitude or outside the South West Land Division may provide an additional one week of annual leave to their employees in lieu of observing Australia Day, Easter Monday, Western Australia Day, Sovereign’s Birthday and Boxing Day as public holidays, in which case these days are not to be treated as public holidays for the purposes of the Award.

(3) When any of the days mentioned in 6.7.1(1) falls on a Saturday or a Sunday the public holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or on a Monday the public holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a public holiday without deduction of pay and the day for which it is substituted shall not be a public holiday.

6.7.2 On any public holiday not prescribed as a holiday under this Award, the employer's establishment or place of business may be closed. An employee, other than a casual employee, who in any area of the State is not required to work on that day solely because that day is a public holiday in that area, is entitled to be paid as if he or she were required to work on that day. If work is done on that day, ordinary rates of pay shall apply.

6.7.3 A part time employee shall be allowed the public holidays prescribed by this clause without deduction of pay in respect of each public holiday which is observed on a day ordinarily worked by the part time employee


(18) Clause 7 Dispute Resolution Procedure: Delete subclause 7.4(4) of this clause and insert in lieu thereof the following:

(4) Sensible time limits shall be allowed for the completion of the various stages of the discussions.

(a) Generally, at least seven days should be allowed for all stages of the discussions to be finalised.

(b) In relation to the following clauses, a matter may be referred to the Commission in accordance with (5) after at least 24 hours has elapsed from the relevant party(s) being notified of the matter:

(i) 1.6.1 – meaning of construction work;
(ii) 2.1.7(2) - stand down where the employee cannot be usefully employed through any cause which the employer could not reasonably have prevented;
(iii) 5.2.3 – grain dust;
(iv) 5.2.8 – excessive heat or exceptionally oppressive;
(v) 13.4 – construction allowances; or
(vi) 15.1.1 – obnoxious, unusually dirty or extreme confined spaces.



(19) Clause 8.4 Board of Reference: Delete entire clause and insert in lieu thereof the following:

8.4 - (DELETED)


(20) Clause 9 Superannuation: Delete entire clause and insert in lieu thereof the following:

9. - SUPERANNUATION

9.1 An employer shall pay contributions in accordance with the Superannuation Legislation on behalf of each eligible employee to an Approved Fund or scheme chosen in accordance with 9.3 - Employer Contributions.

9.2 Definitions:

"Approved Fund" means a superannuation fund or scheme that is a complying superannuation fund or scheme within the meaning of the Superannuation Legislation and to which, under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme.

"Eligible employee" means an employee who is entitled to receive employer superannuation contributions in accordance with the Superannuation Legislation.

"Ordinary time earnings" has the same meaning as provided for in the Superannuation legislation, and includes an employee's award classification rate (including supplementary payment), any regular over-award payment, tool allowance, leading hand allowance and shift loading, including weekend and public holiday rates where the shift worked is part of the employee's ordinary hours of work.

"Relevant Fund" means an Approved Fund nominated by the employee, which is able to accept contributions from the employer.

"Superannuation Legislation" means the Federal legislation as varied from time to time, governing the superannuation rights and obligations of the parties, which includes the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993.

9.3 Employer Contributions:

(1) An employer shall contribute the minimum percentage of ordinary time earnings per eligible employee (as required by the Superannuation Legislation) into one of the following approved funds:

(a) Any fund the employer is required to pay into in accordance with the Superannuation Legislation;

(b) AustralianSuper;

(c) Any Approved Fund agreed between the employer, employees and their Union or Unions, where applicable;

(d) Any Approved Fund which has application to employees in the principal business of the employer, where employees covered by this Award are a minority of award-covered employees;

(e) Any other Approved Fund to which an employer or employee who is a member of the religious fellowship known as Brethren elects to contribute; or

(f) Any Relevant Fund which is nominated by the employee.

(2) Employer contributions shall be paid on a monthly basis for each week of service that the eligible employee completes with the employer.

(3) No contributions shall be made for periods of unpaid leave, or unauthorised absences, of one day or more.

9.4 (1) Employees may nominate a Relevant Fund or scheme into which the contributions by an employer on behalf of the employee will be made.

(2) The employer shall notify the employee of the entitlement to nominate an Approved Fund or scheme as a Relevant Fund as soon as practicable.

(3) The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the Relevant Fund or scheme to which contributions are to be made.

(4) The employer shall not unreasonably refuse to agree to a change of Relevant Fund or scheme requested by an employee.

(5) The employer is required to make contributions to any Approved Fund or scheme they are required to pay into in accordance with the Superannuation Legislation, until the employee nominates a Relevant Fund or scheme. If the Superannuation Legislation does not require contributions to be made to a specific Approved Fund or scheme, the employer is required to make contributions to an Approved Fund or scheme nominated by the employer, until the employee nominates a Relevant Fund or scheme.

9.5 Subject to the Trust Deed to the Fund of which an employee is a member, the following provisions will apply:

(1) Paid Leave

Contributions must continue whilst a member of a Fund is absent on annual leave, sick/carer’s leave, long service leave, public holidays, jury service, bereavement leave, or other paid leave.

(2) Unpaid Leave

Contributions will not be required in respect of any period of absence from work without pay of one day or more.

(3) Work Related Injury or Illness

If an eligible employee's absence from work is due to work related injury or work related illness, contributions at the normal rate must continue for the period of the absence provided that:

(a) the member of the fund is receiving workers' compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements or the provisions of this Award;

(b) the person remains an employee of the employer.

9.6 Nothing contained herein shall serve to reduce any superannuation entitlement which an employee was receiving at the time this clause became effective.


(21) Clause 12.1 Contract of Service: Delete entire clause and insert in lieu thereof the following:

12.1 - CONTRACT OF SERVICE

12.1 (1) Subject to 12.1(2), the provisions of Clause 2.1 – Contract of Service of PART 1 – GENERAL also apply to employees working under PART 2 – CONSTRUCTION WORK of this Award.

(2) The provisions of Clause 2.1 - Contract of Service of PART 1 – GENERAL shall not apply in any case where the employee's contract of service is to be changed from PART 2 - CONSTRUCTION WORK to PART 1 - GENERAL of this Award.


(22) Clause 12.2 Apprentices: Delete subclause (2) and insert in lieu thereof the following:

(2) is not less than 19 years of age; or

(23) Clause 12.3 Redundancy:

(A) Delete subclause 12.3.1 (a) and (b) and insert in lieu thereof the following:

12.3.1 (a) Subject to subclause (b), this clause shall apply where an employee ceases, for any reason, to be employed by an employer respondent to this Award, other than for reasons of misconduct.

(b) Should any provisions of the 2005 General Order on Termination, Change and Redundancy (2005 WAIRC 01715) provide more favourable entitlements to an employee than those set out in this clause, the provisions of the General Order will apply to the extent of any such inconsistency.

(B) Delete subclause 12.3.2(4), (5), (6) and (7) and insert in lieu thereof the following:

(4) For the purpose of this clause, continuity of service shall not be broken on account of -

(a) any interruption or termination of employment by the employer if made merely with the intention of avoiding obligations hereunder in respect of leave of absence; or

(b) any absence from work on account of leave lawfully granted by the employer; or

(c) any absence, with reasonable cause, proof whereof shall be provided by the employee;

Provided that in the calculation of continuous service under this subclause, any time in respect of which an employee is absent from work, except on paid leave and public holidays as prescribed by this Award, shall not count as service for the purposes of this clause.

(5) Where an employee remains in his or her employment with the employer and is transferred between construction sites, or between construction work and work of PART 1 - GENERAL of this Award, the period of service on construction work shall be preserved for the purposes of calculating continuous service under the terms of this clause.

(6) An employee who terminates his or her employment before the completion of four weeks' continuous service with the employer shall not be entitled to the provisions of this clause.


(24) Clause 13. Wages:

(A) Delete subclause 13.2(1)(z) and insert in lieu thereof the following:

(z)
Crane Attendant and Dogger
334.70
67.70
463.70
866.10

(B) At the end of subclause 13.3 insert the following note:

Note:

* Adult apprentices aged 21 or more are entitled to receive the minimum adult apprentice wage, as set out in Clause 13.8(10) of this Award, or the relevant amount referred to above, whichever is the higher.
* The General Order on Wage structures for school-based and part-time apprentices applies to apprentices working under this Award.

(C) Delete subclause 13.4(2) and insert in lieu thereof the following:

(2) Any dispute as to which of the aforesaid allowances apply to particular work shall be determined by the Commission.

(D) Delete subclause 13.6(1)(a) and insert in lieu thereof the following:

(a) $17.10 per week to such tradesperson; or


(25) Clause 14.2 Shift Work: Delete subclause 14.2.2(2) and insert in lieu thereof the following:

(2) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or any other day that the employer observes a shut down for the purpose of allowing a 38 hour week or on any public holiday.


(26) Clause 15.1. Special Allowances and Provisions.

(A) Delete subclause 15.1.1(1) and (2) and insert in lieu thereof the following:

15.1.1 (1) Where obnoxious or unusually dirty or extreme confined space conditions are encountered attributable to sources other than normal construction work disabilities, a complaint may be referred to the Commission pursuant to Clause 7. Dispute Resolution Procedure to investigate the specific complaint.

(2) The Commission shall determine the remedial measures required and/or award a disability allowance if deemed necessary in the circumstances.

(B) Delete subclause 15.1.2(1) and insert in lieu thereof the following:

15.1.2 (1) The employer shall, where practicable, provide a waterproof and secure place on each job for the safekeeping of an employee's tools when not in use and an employee's working clothes and where an employee is absent from work because of illness or accident and has advised the employer to that effect in accordance with the provisions of Clause 6.2 – Sick / Carer’s Leave of PART 1 - GENERAL of this award the employer shall ensure that the employee's tools and working clothes are securely stored during the employee's absence.

(B) Delete subclause 15.1.3 and 15.1.4 and insert in lieu thereof the following:

15.1.3 An Electronics Tradesperson, an Electrician Special Class, an Electrical Fitter and/or Armature Winder or an Electrical Installer who holds, and in the course of employment may be required to use, a current electrical licence (unrestricted) issued pursuant to the relevant regulation in force under the Electricity Act 1945, shall be paid an allowance of $24.70 per week.


(27) Clause 15.3. Distant Work.

(A) Delete subclause 15.3.4 and insert in lieu thereof the following:

15.3.4 Where an employee who, after one month of employment with an employer, leaves the employment, or whose employment is terminated by the employer "except for incompetency, within one working week of the employee commencing work on the job or for misconduct" and in either instance subject to the provisions of Clause 12. - Contract of Employment of this PART of this Award returns to the place from where the employee first proceeded to the locality, or to a place less distant than or equidistant to the place where the employee first proceeded, the employer shall pay all expenses - including fares, transport of tools, meals and, if necessary, suitable overnight accommodation incurred by the employee in so returning. Provided that the employer shall in no case be liable to pay a greater amount under this subclause than the employer would have paid if the employee had returned to the locality from which they first proceeded to the job.

(B) Delete subclause 15.3.9 and insert in lieu thereof the following:

15.3.9 Any time in respect of which an employee is absent from work except time for which the employee is entitled to claim payment pursuant to Clause 6.2 - Sick / Carer’s Leave or Clause 6.4 – Bereavement Leave of PART 1 - GENERAL of this Award or time spent on public holidays pursuant to Clause 6.7- Public Holidays of PART 1 - GENERAL of this Award shall not count for determining the employee's rights to travel and leave under the provisions of 15.3.8.


(28) Clause 15.4. Special Provision - Western Power. Delete subclause 15.4.2(3) and insert in lieu thereof the following:

(3) A safety footwear allowance of twelve (12) cents per hour for each hour worked to compensate for the requirement to wear approved safety footwear which is to be maintained in sound condition by the employee.


(29) Appendix 1, Old Classifications.

(A) Delete subclause (2)(g) and insert in lieu thereof the following:

(g)
Foundry Section


Annealing stove attendant
K

Assistant furnace operator
L

Core stove or oven attendant


Dresser and/or fettler and/or grinder
K

Dresser and/or fettler and/or grinder when using a portable machine
K

Employee directly assisting tradesperson
L

Furnace operator -


Cupola
H

Electric
H

Other
I

Jobbing coremaker
D

Jobbing moulder
D

Plate or machine moulder and/or coremaker -


first six months' experience
M

second six months' experience
L

third six months' experience
K

Thereafter
H

("experience" includes experience as a moulder or coremaker whether jobbing or machine and whether as a junior or an adult)


Shot blast and sand blast dresser -


(i) who is not protected from flying shot and sand by a properly enclosed cabin
I

(ii) who is so protected
L

Tapper out
L




(B) Delete subclause (2)(j) and insert in lieu thereof the following:

(j)
Iron Working and General Section


Assistant furnace operator
M

Attendant at small rivet heating or bolt heating or similar type of fires
M

Bender of iron and steel frames used for reinforcing concrete
M

Boiler (inside) cleaner and chipper
K

Cold saw operator
K

Crane attendant and Dogger
K

Crane driver - overhead cabin controlled
H

Dresser and/or fettler and/or grinder
L

Dresser and/or fettler and/or grinder when using portable machine
K

Friction saw operator
M

Furnace operator
J

Lagger -


first six months' experience
M

second and third six months' experience
L

fourth and fifth six months' experience
K

Thereafter
J

Painter of iron work (other than coach painter and ship painter) - using brush or spray
K

Rigger and splicer or scaffolder on ships and buildings -


(i) Certificated rigger or scaffolder
E

(ii) Rigger or scaffolder (other)
G

(iii) A certificated rigger or scaffolder, other than a leading hand who, in compliance with the provisions of the regulations made pursuant to the Occupational Safety and Health Act 1984, is responsible for the supervision of not less than three employees shall be deemed a leading hand and shall be paid the additional rate prescribed in subparagraph (i) of paragraph (a) of subclause (3) of this clause.



Rigger and splicer or scaffolder other than on ships and buildings
H

Shot blast and sand blast dresser -


(i) who is not protected from flying shot and sand by a properly enclosed cabin
I

(ii) who is so protected
M

Tool and material storeperson
I

(C) Delete subclause (3) ABB Transmission Pty Ltd, of this clause.


(30) Appendix 3, ABB Power Transmission Pty Ltd: Delete Appendix 3 ABB Power Transmission Pty Ltd and insert in lieu thereof the following:

APPENDIX 3

ACTU CODE OF CONDUCT ON TWELVE HOUR SHIFT WORK

1. Introduction

1.1 The ACTU Executive reaffirms its policy on shift work as set out in the ACTU Working Conditions Policy 1985.

1.2 Shift work involving twelve hour rosters may not introduce a new range of hazards into the workplace but rather may exacerbate existing problems faced by shift workers. The main hazards associated with twelve hour shifts continue to involve disrupted sleep patterns, fatigue, disturbance of eating habits, social dislocation and psychological problems.

1.3 Data show that shift workers (and former shift workers) suffer a higher incidence of gastro-intestinal disorders and gastric and duodenal ulcers than day workers. Shift workers also more often report colds or other respiratory illnesses than their day work counterparts. Further, the incidence of nervous disorders and drug-taking is higher for shift workers than day workers. Similarly, women shift workers have a higher incidence of menstrual problems. Recent studies indicate a link between shift work and cardiac heart disease.

1.4 Twelve hour shift work, with correctly designed rosters, may provide benefits to workers by reducing cumulative fatigue, increasing leisure time and relieving the pressure of seven day shift work. For twelve hour shift work to be advantageous, it is essential the increased leisure time be used for recuperation and recreation and not as an opportunity for additional employment.

1.5 While day work does not involve the same disturbances to circadian rhythms as night work, twelve hour day work may still involve disruption to sleep and eating patterns, fatigue, social dislocation and psychological problems.

2. Introduction of Twelve Hour Shift Work

2.1 The introduction of twelve hour shifts should be permitted only:

- where there is a continuous work process or other special circumstances can be shown to exist;
- where twelve hour shift work will not impose excessive physical or mental workload;
- where, after a proper examination of the possible injurious effects to employee health and social well-being, there are demonstrated benefits for the workers concerned;
- after full consultation with union(s) and the two-thirds majority support of affected workers; and
- in conjunction with possibilities of reducing working time generally.

2.2 The introduction of twelve hour shift work should be on a trial basis for twelve months to allow workers to evaluate changed shifts.

3. Women and Young Persons

3.1 State and Federal Governments need to review legislative restrictions on the employment of women and young persons.

3.2 Unions do not oppose the employment of women on twelve hour shift work but recognise the adverse effects on shift work of all employees.

3.3 Unions should oppose the employment of persons under the age of eighteen on twelve hour night shifts.

4. Control Measures

4.1 Introduction

4.1.1 To minimise the health and safety risks of twelve hour shift work, unions should negotiate the following control measures. The application of these measures may vary according to the industry and workload involved.

4.2 Shift Rosters

4.2.1 Rosters must be developed in consultation with employees through their unions and provision made for ongoing consultation and resolution of disputes about the rosters.

To reduce the hazards associated with night and shift work, rosters should be designed to:

- have a maximum of two night shifts in succession;
- have at least a twelve hour interval between shifts;
- have a short cycle period with regular rotations;
- have the day shift not start before 6.00am;
- allow workers some flexibility about shift change times and shift length; and
- provide in addition to normal breaks, where practicable, an extended rest period during night shift. Breaks should occur at the same time each night.

4.2.2 In all but highly exceptional circumstances, the maximum length of time a worker should have to remain on duty before being relieved is 2 hours.

4.2.3 Overtime should not be worked in conjunction with twelve hour shifts. In no circumstances should overtime work override the basic principles of roster design.

4.2.4 Special rosters are required for workers exposed to hazards, where health and safety standards are determined on the basis of exposure over eight hours. These rosters must be designed in consultation with employees through their unions.

4.3 Award Variations

4.3.1 In accordance with emerging overseas standards, unions should negotiate:

- an additional paid break per shift (the duration of this break will depend on the nature of the work);
- additional paid leave increasing with years of service;
- early retirement provisions;
- where a total rate is used the individual component parts of penalties, allowances, base rate etc. should be identified;
- job security for older and long term shift workers; and
- overtime limitations and maximum weekly hours.

4.4 Administrative Measures

4.4.1 Employer support services can assist in minimising the inconveniences and disturbances of shift work. Such services could include:

- provision of adequate information in everyday language to address such issues as shift rosters, rest, fatigue, the effects of medication and other drugs, employer services etc. (this information should be provided in appropriate languages);
- availability of nutritionally balanced meals and drinks during shifts;
- provision of transport services to and from the workplace and/or arranging more convenient utilisation of available transport facilities;
- provision for rest areas and social/recreational facilities;
- training for supervisors to increase awareness of the special requirements of twelve hour shift working;
- assistance in home renovations to facilitate sleeping during the day; and
- child care facilities.

Employers must negotiate with employees through their unions regarding the provision and administration of such services.

4.5 Health and Related Matters

4.5.1 Introduction:

Most people are affected by shift work. In addition, older workers and those already suffering from digestive disorders, diabetes, heart diseases, psychological problems, alcohol and drug addiction and chronic sleep disturbances, face additional burdens.

4.5.2 Health Services:

4.5.2.1 Employers should provide health supervision and health services for shift workers including:

- pre-placement health examinations to advise the worker about adjustment to the job assignment. Special provisions including transfer to day-time jobs may be required;
- periodic health examinations (within 12 months after starting night work and regularly thereafter). Again, transfer provisions or readjustment of the job assignment may be required; and
- health counselling and preventative health care including temporary or permanent transfer to day-time work.

4.5.3 Procedures Following Health Surveillance:

4.5.3.1 The results of health surveillance should be confidential to the worker and should be released to a third party (e.g. the employer) only with the written consent of the individual concerned. All results should be accompanied by a clear explanation of what they mean in practice. A certificate of fitness (or otherwise) should be provided to the employer by the medical practitioner. Aggregate data should be provided to unions.

4.5.3.2 Where there is a need to transfer from shift work, a period of adjustment should be provided to enable the worker to adapt to any reduction in income. Consideration should also be given to the preservation of superannuation entitlements for long-term shift workers who subsequently move to lower paid work for health reasons.

4.5.3.3 Where it is not possible to continue shift work for health reasons, the employer shall take all necessary steps to find suitable alternative employment for the worker, and shall be required to maintain.


(31) Appendix 4, Architectural Aluminium Fabrication Classification – Clause 2 Definitions: Delete Wage Group C 11, Architectural Aluminium Fabrication Employee level IV paragraph 5 and insert in lieu thereof the following:

5. Operates flexibly across all area of aluminium fabrication workshop activities.

Indicative of the tasks which an employee at this level may perform are the following:

· Use of precision measuring instruments;

· Machine setting, loading and operation;

· Inventory and store control including;

- licensed operation of all appropriate materials handling equipment;

- use of tools and equipment within the scope (basic non-trades) maintenance;

- computer operation at a level higher than that of an employee at C 12 level;

· Intermediate keyboard skills;

· Basic engineering and fault finding skills;

· Licensed and certified for forklift, and crane driving operations to a level of higher than C 12;

· Has a knowledge of the employer’s operation as it relates to production processes;

· Lubricates production machinery equipment;

· Assists in the provision of on-the-job training in conjunction with tradespersons and supervisors/trainers.

· Complete production and assembly of all products with the aluminium fabrication workshop to a level higher than C 12.

· Glass Cutting and Workshop Process Glazing to a level higher than C 12.



(32) Appendix 4, Architectural Aluminium Fabrication Classification – Clause 2 Definitions: Delete Wage Group C 10, Architectural Aluminium Fabrication Employee paragraph 5 and insert in lieu thereof the following:

5. Performs work under general supervision either individually or in a team environment.

Indicative tasks which an employee at this level may perform are as follows:

· Approves and passes first off samples and maintains quality of product across all areas of aluminium fabrication workshop;

· Works from basic production drawings, prints or plans;

· Operates, sets up and adjusts all production machinery in a plant including production process welding to the extent of training;

· Can perform a range of engineering maintenance functions including:

- Removing equipment fastenings including use of destructive cutting equipment.

- Lubrication of production equipment.

- Running adjustments to production equipment.

· Operate all lifting equipment;

· Basic production scheduling and materials handling within the scope of the production process or directly related functions within raw materials/finished goods locations in conjunction with technicians;

· Understands computer techniques as they relate to production process operation;

· High level of stores and inventory responsibility beyond the requirements of an employee at C 11;

· Assists in the provision of on-the-job training in conjunction with tradespersons and trainers;

· Has a sound knowledge of the employer’s operations as it relates to the production process;

· Can select, prepare and assemble all products in the workshop.


(33) Appendix 4, Architectural Aluminium Fabrication Classification - Clause 3 Wages: Delete Clause 3. Wages and insert in lieu thereof the following:

3 . - WAGES

Rates of pay for each classification level shall be that specified for corresponding wage level specified in Clause 4.8 - Wages and Supplementary Payments of this Award.