2023 WAIRC 00779
ELECTRICAL CONTRACTING INDUSTRY AWARD R 22 OF 1978
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES ELECTRICAL TRADES UNION WA
APPLICANT
-V-
KELMEC SERVICES AND OTHERS
RESPONDENTS
CORAM SENIOR COMMISSIONER R COSENTINO
DATE FRIDAY, 29 SEPTEMBER 2023
FILE NO/S APPL 60 OF 2023
CITATION NO. 2023 WAIRC 00779

Result Award Varied
Representation
APPLICANT NO APPEARANCE

RESPONDENTS NO APPEARANCE


Order

WHEREAS the Electrical Trades Union WA (ETU) applied on 7 August 2023 to vary the Electrical Contracting Industry Award R 22 of 1978 pursuant to s 40 of the Industrial Relations Act 1979 (WA) (IR Act);

AND WHEREAS Schedule C of the application set out the grounds upon which it is made, indicating the application is made to:
(a) Increase a number of the allowances in the Award by the percentage increase ordered in the 2023 State Wage case ([2023] WAIRC 00337; (2023) 103 WAIG 748), that is an increase of 5.3%; or by relevant CPI rates from June 2022 to June 2023; and
(b) Update the superannuation provisions of the Award;

AND WHEREAS the Commission sought the ETU’s clarification of the ‘Phosphate Ships’ rate at cl 18(12) and the correct rounding to be applied. The ETU clarified that the correct rate, rounded to the nearest cent should be ‘$1.05’ and not ‘$1.06’;

AND WHEREAS the variations were not opposed by any respondent;

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

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

THAT the Electrical Contracting Industry Award R 22 of 1978 be varied in accordance with the following schedule and that the variations shall have effect from the beginning of the first pay period commencing on or after the date of this order.






SENIOR COMMISSIONER R COSENTINO

SCHEDULE

1. Clause 12. - Overtime: Delete paragraph (e) of subclause (2) of this Clause and insert in lieu thereof the following:

(e) (i) An employee required to work overtime for more than two hours without being notified on the previous day or earlier that they will be so required to work overtime shall be supplied with a meal by the employer or be paid $17.10 for such meal and for a second or subsequent meal if so required.

(ii) No such payments shall be made to any employee living in the same locality as their place of work who can reasonably return home for such meals.

(iii) If an employee to whom subparagraph (i) of paragraph (e) of subclause (2) hereof applies has, as a consequence of the notice referred to in that paragraph, provided themselves with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, they shall be paid for each meal provided and not required, $17.10.

2. Clause 18. - Special Rates and Provisions:

A. Delete subclauses (1), (2), (3), (4) and (5) of this Clause and insert in lieu thereof the following:

(1) Height Money: An employee shall be paid an allowance of $3.45 for each day on which they work at a height of 15.5 metres or more above the nearest horizontal plane, but this provision does not apply to linespersons.

(2) Dirt Money: An employee shall be paid an allowance of 71 cents per hour when engaged on work of an unusually dirty nature where clothes are necessarily unduly soiled or damaged or boots are unduly damaged by the nature of the work done.

(3) Grain Dust: Where any dispute arises at a bulk grain handling installation due to the presence of grain dust in the atmosphere and the Board of Reference determines that employees employed under this award are unduly affected by that dust, the Board may, subject to such conditions as it deems fit to impose, fix an allowance or allowances not exceeding $1.19 per hour.

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

(5) Diesel Engine Ships: The provisions of subclauses (2) and (4) of this Clause do not apply to an employee when they are engaged on work below the floor plates in diesel engine ships, but the employee shall be paid an allowance of $1.19 per hour whilst so engaged.

B. Delete subclause (7) of this Clause and insert in lieu thereof the following:

(7) Hot Work: An employee shall be paid an allowance of 71 cents per hour when they work in the shade in any place where the temperature is raised by artificial means to between 46.1 and 54.4 degrees Celsius.

C. Delete subclauses (9), (10), (11) and (12) of this Clause and insert in lieu thereof the following:

(9) Percussion Tools: An employee shall be paid an allowance of 46 cents per hour when working a pneumatic riveter of the percussion type and other pneumatic tools of the percussion type.

(10) Chemical, Artificial Manure and Cement Works: An employee other than a general labourer, in chemical, artificial manure and cement works shall, in respect of all work done in and around the plant outside the machine shop, be paid an allowance calculated at the rate of $17.60 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.

(11) Abattoirs: An employee employed in and about an abattoir shall be paid an allowance calculated at the rate of $23.80 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.

(12) Phosphate Ships: An employee shall be paid an allowance of $1.05 for each hour they work in the holds 'tween decks of ships which, immediately prior to such work, have carried phosphatic rock but this subclause only applies if and for as long as the holds and 'tween decks are not cleaned down.

D. Delete subclause (19) of this Clause and insert in lieu thereof the following:

(19) An employee holding either a Third Year First Aid Medallion of the St. John Ambulance Association or a "C" Standard Senior First Aid Certificate of the Australian Red Cross Society, appointed by the employer to perform first aid duties shall be paid $14.00 per week in addition to their ordinary rate.

E. Delete subclause (21) of this Clause and insert in lieu thereof the following:

(21) Nominee: A licensed electrical installer or fitter who acts as a nominee for an electrical contractor shall be paid an allowance of $87.60 per week.

3. Clause 19. - Car Allowance: Delete this Clause and insert in lieu thereof the following:

19. - CAR ALLOWANCE

Where an employee is required and authorised to use their own motor vehicle in the course of their duties the employee shall be paid an allowance of $1.03 per kilometre travelled. Notwithstanding anything contained in this Clause the employer and the employee may make any other arrangement as to car allowance not less favourable to the employee.

4. Clause 20. - Allowance for Travelling and Employment in Construction Work: Delete paragraph (a) of subclause (2) of this Clause and insert in lieu thereof the following:

(a) On jobs measured by radius from the General Post Office, Perth situated within the area of:



Per Day


$
(i)
Up to and including 50 kilometre radius
22.25




OR




(ii)
Over 50 kilometres up to and including 60 kilometre radius
28.20




OR




(iii)
Over 60 kilometres up to and including 75 kilometre radius
43.40




OR




(iv)
Over 75 kilometres up to and including 90 kilometre radius
61.35




OR




(v)
Over 90 kilometres up to and including 105 kilometre radius
79.70

5. Clause 21. - Distant Work:

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

(6) An employee to whom the provisions of subclause (1) of this Clause apply shall be paid an allowance of $43.55 for any weekend that they return to their home from the job but only if -

(a) The employee advises the employer or their agent of their intention no later than the Tuesday immediately preceding the weekend in which the employee so returns;

(b) The employee is not required to 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.

B. Delete subclause (9) of this Clause and insert in lieu thereof the following:

(9) Where an employee, supplied with the board and lodging by their 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 $19.25 per day provided that where the time actually spent in travelling either to or from the job exceeds 20 minutes, that excess travelling time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.

6. Clause 27. - Grievance Procedure and Special Allowance: Delete subclause (3) of this Clause and insert in lieu thereof the following:

(3) (a) Subject to paragraph (e) of this subclause, a special allowance of $43.50 per week shall be paid as a flat amount each week except where direct action takes place.

(b) Provided that a general combined union meeting called by the Unions W.A., or any absence declared by the Commission under Section 44 as being an authorised absence, shall not be regarded as nonadherence to the disputes procedure Clause or affect the payment of this allowance.

(c) In the event of the need for a meeting not covered by the circumstances outlined by the above, a Union Official shall give 24 hours' notice to the employer and the reason for the meeting and $43.50 shall be paid.

(d) Any time which an employee is absent from work on annual leave, public holidays, bereavement leave or paid sick leave shall not affect the payment of this allowance.

(e) An apprentice shall be paid a percentage of $43.50 being the percentage which appears against their year of apprenticeship set out in subclause (4) of the First Schedule - Wages.

7. Clause 30. - Special Provisions - Western Power Corporation: Delete subclauses (2), (3), (4), (5) and (6) of this Clause and insert in lieu thereof the following:

(2) In addition to the wage otherwise payable to an employee pursuant to the provisions of this award an employee (other than an apprentice) shall be paid:

(a) $2.79 per hour for each hour worked if employed at Muja;

(b) $1.65 per hour for each hour worked if employed at Kwinana;

(3) (a) An employee to whom Clause 20. - Allowance for Travelling and Employment in Construction Work applies and who is engaged on construction work at Muja shall be paid:

(i) An allowance of $22.25 per day if the employee resides within a radius of 50 kilometres from the Muja Power Station;

(ii) An allowance of $60.30 per day if the employee resides outside that radius;

in lieu of the allowance prescribed in the said Clause.

(b) Where transport to and from the job is supplied by the employer from and to a place mutually agreed upon between the employer and the employee half the above rates shall be paid provided that the conveyance used for such transport is equipped with suitable seating and weather proof covering.

(4) In addition to the allowance payable pursuant to subclause (6) of Clause 21. - Distant Work of this award an employee to whom that Clause applies shall be paid $38.10 on each occasion upon which the employee returns home at the weekend but only if -

(a) The employee has completed three months' continuous service with the employer;

(b) The employee is not required for work during the weekend;

(c) The employee returns to the job on the first working day following the weekend;

(d) The employer does not provide or offer to provide suitable transport; and such payment shall be deemed to compensate for a periodical return home at the employer's expense.

(5) An employee to whom Clause 21. - Distant Work of this award applied and who proceeds to construction work at Muja from their home where located within a radius of 50 kilometres from the General Post Office, Perth -

(a) Shall be paid an amount of $102.35 and for three hours at ordinary rates in lieu of the expenses and payment prescribed in subclause (3) of the said Clause; and

(b) In lieu of the provisions of subclause (4) of the said Clause, shall be paid $102.35 and for three hours at ordinary rates when their services terminate if the employee has completed three months continuous service;

and the provisions of subclause (3) and subclause (4) of Clause 21. - Distant Work shall not apply to such an employee.

(6) (a) An employee to whom the provisions of Clause 21. - Distant Work of this award, applies who work at Muja and who elects not to live in Construction Camp Accommodation shall, subject to paragraph (b) of this subclause, be paid a living-out allowance at the rate of $701.50 per week to meet the expenses reasonably incurred by the employee for board and lodging.

(b) (i) The allowance prescribed in paragraph (a) shall only apply to an employee while they continue to live with their spouse (including de facto partner) in accommodation provided by the employee.

(ii) The accommodation shall be of a reasonable standard.

(iii) The employee shall continue to maintain their original residence.

(iv) The employee shall satisfy the employer, upon request, that their circumstances meet the requirements of this subclause.

(v) Any dispute as to the application of this Clause shall be subject to discussion between the employer and the Union and, failing agreement, shall be referred to a Board of Reference for determination.

(c) Provided that the provisions of subclause (6) of Clause 21. - Distant Work of this award shall not apply.

8. Clause 36. - Superannuation: Delete paragraphs (a) and (b) of subclause (2) of this Clause and insert in lieu thereof the following:

(a) Adult Employees

Each employer shall, on behalf of each full time, part time or casual employee as defined in Clause 5. - Definitions of this Award, pay a weekly contribution into an approved occupational superannuation fund on the following basis:

(i) For employees not engaged on construction work, a weekly contribution of 11% of the employee’s weekly earnings.

(ii) Provided that

(aa) An employee who is entitled to be paid a Leading Hand and/or Commissioning Allowance as prescribed in First Schedule - Wages of this Award, shall have an amount calculated as 11% of those allowances added to their weekly contribution.

(bb) An employee who is entitled to be paid shift loadings including weekend and public holiday rates where the shift work is part of the employee’s ordinary hours of work, shall have an amount calculated at 11% of such loading added to their weekly contribution.

(iii) Provided further that part time and casual employees will have pro-rata payments made on their behalf.

(b) Apprentices

Each employer shall, on behalf of apprentices, pay a weekly contribution into an approved occupational superannuation fund on the following basis:

(i) For apprentices not engaged on construction work, a weekly contribution calculated as 11% of the rate of pay prescribed in the First Schedule – Wages of this Award as follows:

Four Year Term
Three and a Half Year Term
Three Year Term
1st Year
$44.60
Six Months
$44.60


2nd Year
$58.30
Next Year
$58.30
1st Year
$58.30
3rd Year
$76.60
Next Year
$76.60
2nd Year
$76.60
4th Year
$90.30
Final Year
$90.30
3rd Year
$90.30

(ii) Provided that adult apprentices receive an 11% contribution based on their actual rate of pay.

(iii) Provided further that apprentices engaged on construction work shall, in addition to the contributions provided in (i) hereof, have an amount calculated as 11% of the applicable Construction Allowance as provided in First Schedule – Wages of this Award added to their weekly contribution.

9. First Schedule - Wages:

A. Delete subclause (3) of this Schedule and insert in lieu thereof the following:

(3) Leading Hands - In addition to the appropriate rates shown in subclause (2) hereof a leading hand shall be paid -

(a)
If placed in charge of not less than three and not more than ten other employees
$36.60
(b)
If placed in charge of more than ten but not more than twenty other employees
$56.20
(c)
If placed in charge of more than twenty other employees
$72.70

B. Delete subclauses (5) and (6) of this Schedule and insert in lieu thereof the following:

(5) Tool Allowance:

(a) In accordance with the provisions of subclause (20) of Clause 18. - Special Rates and Provisions of this award the tool allowance to be paid is:

(i) $21.20 per week to such tradesperson, or

(ii) In the case of an apprentice a percentage of $21.20 being the percentage which appears against the apprentice's year of apprenticeship set out in subclause (4) of this schedule.

(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.

(6) Construction Allowance:

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

(i) $65.30 per week if the employee is engaged on the construction of a large industrial undertaking or any large civil engineering project.

(ii) $58.80 per week if the employee is 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) $34.70 per week if the employee is engaged otherwise on construction work falling within the definition of construction work in Clause 5. - Definitions of this award.

(b) Any dispute as to which of the aforesaid allowances applies to particular work shall be determined by the Board of Reference.

C. Delete subclauses (9) and (10) of this Clause and insert in lieu thereof the following:

(9) Licence Allowance:

A tradesperson who holds and in the course of their employment may be required to use a current "A" Grade or "B" Grade licence issued pursuant to the relevant regulation in force at the date of this award under the Electricity Act, 1945, shall be paid $31.10 per week.

(10) Commissioning Allowances:

An "Electrician Commissioning" as defined shall be paid at the rate of $47.50 per week in addition to rates prescribed in this schedule.