2022 WAIRC 00085
ELECTRONICS INDUSTRY AWARD NO. A 22 OF 1985
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES ELECTRICAL TRADES UNION WA
APPLICANT
-V-
HINCO ENGINEERING AND OTHERS
RESPONDENTS
CORAM SENIOR COMMISSIONER R COSENTINO
DATE THURSDAY, 24 FEBRUARY 2022
FILE NO/S APPL 44 OF 2021
CITATION NO. 2022 WAIRC 00085

Result Award varied
Representation


APPLICANT MR P CARTER AND MS B WARD

TWENTY-EIGHTH
RESPONDENT MS E CLANCY


Order

WHEREAS this is an application filed by the Electrical Trades Union WA (ETU) on 19 November 2021 to vary the Electronics Industry Award No. A 22 of 1985 (Award) pursuant to s 40 of the Industrial Relations Act 1979 (WA) (IR Act);

AND WHEREAS the grounds for the application are to update the allowances contained in the Award by the respective percentage increases determined by the State Wage Cases and CPI as follows:

(a) The allowances in Part I clause 20 Special Provisions and clause 33 Wages (Leading Hand and Tool Allowance) and Part II clause 10 Wages (Construction, Leading Hand and Tool Allowance) by the increases effected by the State Wage Case decisions 2016 to 2021 in accordance with Principle 6.4 of the Statement of Principles. These allowances were last varied on 5 November 2015 ([2015] WAIRC 01004; (2015) 95 WAIG 1831);

(b) The meal allowance in Part I clause 9 Overtime, and the clothing and tool allowances in Part II clause 5(2) Special Rates and Provisions by the relevant CPI increases from June 2015 to June 2021. These allowances were last varied on 5 November 2015 ([2015] WAIRC 01004; (2015) 95 WAIG 1831); and

(c) The travel allowances in Part I clauses 13 and 15 and Part II clauses 6 and 7 by the relevant CPI increases from March 2014 to June 2021. These allowances were last varied on 9 December 2014 ([2014] WAIRC 01335; (2014) 94 WAIG 1876);

AND WHEREAS the proposed amendments are set out in Schedule B to the application. The methodology applied is set out in Schedule C. The proposed amendments are in accordance with Principle 6 of the Statement of Principles made in the 2021 State Wage Case;

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 Fourth Schedule to the Award lists the ETU and The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers  Western Australian Branch (AMWU) as the only named parties to the Award;

AND WHEREAS all named parties to the Award have been served and no party to either the Award or to these proceedings has responded to the notice given of this application. The variations are therefore unopposed;

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 Electronics Industry Award No. A 22 of 1985 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

PART I  GENERAL

1. Clause 9. - Overtime: Delete paragraph (f) of subclause (3) of this Clause and insert in lieu thereof the following:

(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 $13.20 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 each such meal by the employer or be paid $8.80 for each meal so required.

2. Clause 13. - 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 1 July and end on 30 June next following.

RATES OF HIRE FOR USE OF EMPLOYEE'S OWN VEHICLE
ON EMPLOYER'S BUSINESS

MOTOR CAR


AREA AND DETAILS
ENGINE DISPLACEMENT
(IN CUBIC CENTIMETRES)




Rate per kilometre (cents)
Over
2600cc
1600cc -
2600cc
1600cc
& Under




Metropolitan Area
88.8
79.2
68.8
South West Land Division
90.6
81.1
70.7
North of 23.5o South Latitude
99.5
89.5
78.0
Rest of the State
93.4
83.9
72.8




MOTOR CYCLE (IN ALL AREAS)
30.2 cents per kilometre

3. Clause 15. - 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 $37.50 for any weekend that the employee returns home from the job, but only if -

(a) The employee advises the employer or the employer's agent of the employee's intention no later than 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 $16.35 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.

4. Clause 20. - Special Provisions:

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

(1) 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.

(2) Confined Space: An employee shall be paid an allowance of 85 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.

(3) Hot Work: An employee shall be paid an allowance of 68 cents per hour when working in the shade in any place where the temperature is raised by artificial means to be between 46.1 and 54.4 degrees Celsius.

(4) Height Money: An employee shall be paid an allowance of $3.20 for each day on which the employee works at a height of 15.5 metres or more above the nearest horizontal plane.

B. Delete subclauses (6), (7) and (8) of this Clause and insert in lieu thereof the following:

(6) Diesel Engine Ships: The provisions of subclauses (1) and (2) hereof do not apply to an employee when the employee is engaged on work below the floor plates in diesel engine ships, but the employee shall be paid an allowance of $1.15 per hour whilst so engaged.

(7) Percussion Tools: An employee shall be paid an allowance of 44 cents per hour when working pneumatic rivetter of the percussion type and other pneumatic tools of the percussion type.

(8) Chemical, Artificial Manure and Cement Works: An employee, other than a general labourer, in chemical, artificial manure and cement works, in respect of all work done in and around the plant outside the machine shop, shall be paid an allowance calculated at the rate of $17.40 per week. The allowance shall be paid during overtime but shall not be subject to penalty additions. An employee receiving this allowance is not entitled to any other allowance under this clause.

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

(14) 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 $13.40 per week in addition to their ordinary rate.

5. Clause 33. - Wages:

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

(2) Leading Hands:

In addition to the appropriate rate of 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
$35.40
(b)
If placed in charge of more than ten but not more than twenty other employees
$53.60
(c)
If placed in charge of more than twenty other employees
$69.70

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

(5) Tool Allowance

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

(i) $19.50 per week to such technician, serviceperson, installer; or

(ii) In the case of an apprentice a percentage of $19.50 being the percentage which appears against their year of apprenticeship in subclause (3) of this clause for the purpose of such technician, serviceperson, installer or apprentice applying and maintaining tools ordinarily required in the performance of work as a technician, serviceperson, installer 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 clause.

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

(d) A technician, serviceperson, installer or apprentice shall replace or pay for any tools supplied by the employer if lost through his negligence.

PART II  CONSTRUCTION WORK

6. Clause 5. - Special Rates and Provisions: Delete subclause (2) of this Clause and insert in lieu thereof the following:

(2) (a) The employer shall, where practicable, provide a waterproof and secure place on each job for the safekeeping of a 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 11. - Sick Leave of PART I - GENERAL of this award the employer shall ensure that the employee's tools and working clothes are securely stored during their absence.

(b) Subject to paragraph (c) hereof where the employee's tools or working clothes are lost by fire or breaking and entering whilst securely stored in the place provided by the employer under paragraph (a) hereof the employer shall reimburse the employee for that loss but only up to a maximum of $383.10.

(c) The provisions of paragraph (b) hereof shall only apply with respect to tools and working clothes used by an employee in the course of their employment as set out in a list furnished to the employer at least twenty four hours before being lost by fire or theft and if the employee has reported any theft to the police.

7. Clause 6. - Allowance for Travelling and Employment in Construction Work: Delete paragraphs (a), (b) and (c) of subclause (1) 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  91 cents per kilometre.

(c) Subject to the provisions of paragraph (d), 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 91 cents per kilometre shall be paid for each kilometre in excess of the 60 kilometre radius.

8. Clause 7. - Distant Work: Delete subclauses (6) and (7) of this Clause respectively 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 $36.60 for any weekend that the employee returns home from the job, but only if -

(a) The employee advises the employer or the employee's agent of the employee's intention not 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.

(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 the job or be paid an allowance of $16.05 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.

9. Clause 10. - Wages: Delete subclauses (5), (6) and (7) of this Clause and insert in lieu thereof the following:

(5) Construction Allowances:

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

(i) $62.30 per week if engaged on the construction of a large industrial undertaking or any large civil engineering projects.

(ii) $56.30 per week if engaged on a multi-storeyed building, but only until the exterior walls have been erected and the windows completed and a lift made available to carry the employee between the ground floor and the floor upon which the employee is required to work. A multi-storeyed building is a building which, when completed, will consist of at least five storeys.

(iii) $33.00 per week if engaged otherwise on construction work falling within the definition of construction work in Clause 5. - Definitions of PART I - GENERAL 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.

(6) Leading Hand:

In addition to the appropriate rate of 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
$35.40
(b)
If placed in charge of more than ten but not more than twenty other employees
$53.60
(c)
If placed in charge of more than twenty other employees
$69.70

(7) (a) Where an employer does not provide a Technician, Serviceperson, Installer or Apprentice with the tools ordinarily required by that Serviceperson, Technician or Installer in the performance of work as a Technician, Installer or Apprentice the employer shall pay a tool allowance of -

(i) $19.50 per week to such Technician, Serviceperson or Installer, or

(ii) In the case of an apprentice a percentage of $19.50 being the percentage referred to in subclause (3) of Clause 33. - Wages of PART I - GENERAL of this award, for the purpose of such Technician, Serviceperson, Installer or Apprentice supplying and maintaining tools ordinarily required in the performance of work as a Technician, Serviceperson, Installer 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 clause.

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

(d) A Technician, Serviceperson, Installer or Apprentice shall replace or pay for any tools supplied by the employer if lost through that person's negligence.