2023 WAIRC 00815
ELECTRICAL TRADES (SECURITY ALARMS INDUSTRY) AWARD 1980
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES ELECTRICAL TRADES UNION WA
APPLICANT
-V-
CHUBB AUSTRALIA PTY LTD FORMERLY KNOWN AS CHUBB AUSTRALIA T/AS CHUBB ALARMS AND ANOTHER
RESPONDENTS
CORAM SENIOR COMMISSIONER R COSENTINO
DATE FRIDAY, 13 OCTOBER 2023
FILE NO/S APPL 67 OF 2023
CITATION NO. 2023 WAIRC 00815

Result Award Varied
Representation


APPLICANT NO APPEARANCES

RESPONDENTS NO APPEARANCES


Order

WHEREAS this is an application filed by the Electrical Trades Union WA (ETU) on 16 August 2023 to vary the Electrical Trades (Security Alarms Industry) Award 1980 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 increase 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% and by relevant CPI rates from June 2022 to June 2023;

AND WHEREAS the variations were not opposed by any respondent;

AND BEING satisfied that:
(a) The ETU is a party bound by the Award and it has standing to bring the application under s 40(2) of the IR Act;
(b) The amendments proposed do not effect any substantive change to the scope of the Award or its area of operation;
(c) The application is not made within a term specified in the Award;
(d) The Award does not specify a method for adjusting allowances which is at odds with the methods involved in this application. The adjustments sought are consistent with the wage fixing principles set out in the 2021 State Wage Case; and
(e) The requirements for varying the Award are met;

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

THAT the Electrical Trades (Security Alarms Industry) Award 1980 be varied in accordance with the 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 11. – 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 $16.35 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required they shall be supplied with each such meal by the employer or be paid $11.25 for each meal so required.

2. Clause 15. – Special Rates and Provisions:

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

(1) Height Money: An employee shall be paid an allowance of $3.70 for each day on which they work at a height of 15.5 metres or more above the nearest horizontal plane but this provision does not apply to linespersons nor to riggers and splicers on ships or buildings.

(2) Dirt Money: An employee shall be paid an allowance of 75 cents per hour when engaged on work of an unusually dirty nature where clothes are necessarily unduly soiled or damaged or boots are unduly damaged by the nature of the work done.

(3) Confined Space: An employee shall be paid an allowance of 95 cents per hour when, because of the dimensions of the compartment or space in which they are working, the employee is required to work in a stooped or otherwise cramped position or without proper ventilation.

(4) Hot Work: An employee shall be paid an allowance of 75 cents per hour when they work in the shade in any place where the temperature is raised by artificial means to between 46.1 and 54.4 degrees Celsius.

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

(6) Percussion Tools:

An employee shall be paid an allowance of 48 cents per hour when working a pneumatic rivetter of the percussion type and other pneumatic tools of the percussion type.

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

(13) An employee, holding either a Third Year First Aid Medallion of the St. John Ambulance Association or a "C" Standard Senior First Aid Certificate of the Australian Red Cross Society, appointed by the employer to perform first aid duties shall be paid $15.50 per week in addition to their ordinary rate.

(14) A Serviceperson - Special Class, a Serviceperson or an Installer who holds, and in the course of their employment may be required to use, a current "A" Grade or "B" Grade Licence issued pursuant to the relevant regulation in force on the 28th day of February, 1978 under the Electricity Act 1945 shall be paid an allowance of $31.10 per week.

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

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

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
101.9
91.0
79.1
South West Land Division
104.3
93.2
81.0
North of 23.5o South Latitude
115.1
102.8
89.4
Rest of the State
107.1
96.6
83.7
MOTOR CYCLE (In All Areas)
34.9 cents per Kilometre

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

(4) An employee to whom the provisions of subclause (1) of this Clause apply shall be paid an allowance of $42.60 for any weekend that they return to their home from the job but only if -

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

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

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

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

(5) Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job the employee shall be provided with suitable transport to and from that job or be paid an allowance of $19.00 per day provided that where the time actually spent in travelling either to or from the job exceeds 20 minutes, that excess time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.

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

(3) (a) Where an employer does not provide a tradesperson with the tools ordinarily required by that tradesperson in the performance of their work as a tradesperson the employer shall pay a tool allowance of $21.50 per week to such tradesperson for the purpose of such tradesperson supplying and maintaining tools ordinarily required in the performance of their work as a tradesperson.

(b) Any tool allowance paid pursuant to paragraph (a) of this subclause shall be included in, and form part of, the ordinary weekly wage prescribed in this Clause.

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

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

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

(i) $69.30 per week if they are engaged on the construction of a large industrial undertaking or any large civil engineering project.

(ii) $62.90 per week if they are engaged in a multi-storeyed building but only until the exterior walls have been erected and the windows completed and a lift made available to carry the employee between the ground floor and the floor upon which they are required to work. A multi-storeyed building is a building which, when completed, will consist of at least five storeys.

(iii) $36.30 per week if they are engaged otherwise on construction work falling within the definition of construction work in Clause 5. - Definitions of this Award.

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

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

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

(a)
If placed in charge of not less than three and not more than ten other employees
$39.50
(b)
If placed in charge of more than ten but not more than twenty other employees
$60.00
(c)
If placed in charge of more than twenty other employees
$77.50