Commission's Own Motion; Commission's Own Motion -v- (Not applicable); (Not applicable)
Document Type: Decision
Matter Number: CICS 11/2022
Matter Description: Review of Building Trades (Construction) Award 1987 scope clause pursuant to s 37D of the Industrial Relations Act 1979 (WA)
Industry: General Construction
Jurisdiction: Commission in Court Session
Member/Magistrate name: Senior Commissioner R Cosentino, Commissioner T Emmanuel, Commissioner C Tsang
Delivery Date: 11 Dec 2024
Result: Awards varied
Citation: 2024 WAIRC 01022
WAIG Reference: 104 WAIG 2502
REVIEW OF BUILDING TRADES (CONSTRUCTION) AWARD 1987 AND BUILDING TRADES AWARD 1968 SCOPE CLAUSES PURSUANT TO S 37D OF THE INDUSTRIAL RELATIONS ACT 1979 (WA)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
CITATION : 2024 WAIRC 01022
CORAM
: COMMISSION IN COURT SESSION
SENIOR COMMISSIONER R COSENTINO
COMMISSIONER T EMMANUEL
COMMISSIONER TSANG
HEARD
:
TUESDAY, 10 DECEMBER 2024
DELIVERED : WEDNESDAY, 11 DECEMBER 2024
FILE NO. : CICS 11 OF 2022 AND CICS 23 OF 2022
BETWEEN
:
COMMISSION’S OWN MOTION
Applicant
AND
(NOT APPLICABLE)
Respondent
CatchWords : Industrial Law (WA) – Commission’s Own Motion – The Building Trades (Construction) Award 1987 – The Building Trades Award 1968 – s 37D of the Industrial Relations Act 1979 (WA) – Variations to the scope clause of a private sector award – Reference to on-site building and construction industry – Donovan clause replaced in Building Trades Award 1968 – New classification for tradesperson with apprenticeship in concreting – Deletion of prohibition of junior employees clause in Building Trades (Construction) Award 1987 – Award scope provisions varied
Legislation : Building Services (Registration) Act 2011 (WA)
Industrial Relations Act 1979 (WA)
Result : Awards varied
REPRESENTATION:
Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations
Mr Thomas Meagher on behalf of the Construction, Forestry, Mining and Energy Union of Workers
Mr M Gale on behalf of the Master Painters & Decorators Australia
Case(s) referred to in reasons:
COMMISSION’S OWN MOTION V (NOT APPLICABLE) [2023] WAIRC 00801; (2023) 103 WAIG 1752
R.J. DONOVAN AND ASSOCIATES PTY LTD V FEDERATED CLERKS UNIONS OF AUSTRALIA INDUSTRIAL UNION OF WORKERS, W.A. BRANCH (1977) 57 WAIG 1317
The Construction, Mining and Energy Workers’ Union of Western Australia, Western Australian Branch v Adsigns Pty Ltd and Others (1990) 70 WAIG 2661
Reasons for Decision
Contents
Proposed variations 5
Scope provision 5
Building Trades (Construction) Award 5
Building Trades Award 1968 6
Other variations 8
Conclusion and Order 9
Schedule 1 10
Schedule 2 17
1 In reasons for decision concerning the review of the Restaurant, Tearoom and Catering Workers’ Award scope clause under s 37D of the Industrial Relations Act 1979 (WA), the Commission in Court Session set out the process for identifying awards suitable for a scope review, and for reviewing that award’s scope: Commission’s Own Motion v (Not applicable) [2023] WAIRC 00801; (2023) 103 WAIG 1752 (CICS 5 Reasons). It also set out the reasons for and intention behind the scope variations which were made to that award.
2 The Building Trades (Construction) Award 1987 and the Building Trades Award 1968 (jointly, the Building Trades Awards) were other awards identified as suitable for scope review, as a result of the process described in the CICS 5 Reasons. One of the purposes of reviewing the scope of these awards was to clarify the delineation between them. The delineation is not easy for a reader to discern, perhaps in part because of the close historical nexus between them.
3 The Commission gave notice of the proposed variations to the Building Trades Awards, and of the opportunity to be heard in relation to them, in the Industrial Gazette and on the Commission’s website. It also gave notice to the Hon. Minister for Industrial Relations, the Construction, Forestry, Mining and Energy Union of Workers (CFMEU), Master Builders Western Australia, the Plumbing and Pipe Trades Employees Union, Master Painters & Decorators Australia, UnionsWA, the Chamber of Commerce and Industry of Western Australia (Inc) and the Australian Resources and Energy Employer Association, formerly known as the Mines and Metals Association.
4 Additionally, notice in relation to the Building Trades (Construction) Award was also given to the Master Plumbers & Gasfitters Association of WA.
5 All of these parties were provided with the opportunity to participate in a joint conference convened by the Commission.
6 Only the Minister, the CFMEU, Master Painters & Decorators Australia and UnionsWA participated in the conference. As a result of those parties’ discussions at and after the conference, they reached a consensus position as to variations to the Building Trades Awards’ scope clauses.
7 The Commission then directed that the following named parties to the Building Trades (Construction) Award be given notice of the consensus variations to that award:
a. the Construction, Forestry, Mining and Energy Union of Workers;
b. Building Trades Association of Unions of Western Australia (Association of Workers);
c. the Plumbers and Gasfitters Employees’ Union of Australia, West Australian Branch, Industrial Union of Workers;
d. The Master Plumbers & Gasfitters Association of WA;
e. City of Belmont;
f. City of Kalgoorlie-Boulder;
g. City of Perth;
h. City of Stirling; and
i. Construction Contractors Association of Western Australia.
8 The Commission directed that the following named parties to the Building Trades Award 1968 be given notice of the consensus variations to that award:
a. the Construction, Forestry, Mining and Energy Union of Workers;
b. the Building Trades Association of Unions of Western Australia (Association of Workers);
c. Master Painters & Decorators Australia;
d. Royal Agricultural Society of WA;
e. WA Trotting Association;
f. WA Turf Club;
g. City of Albany;
h. City of Fremantle;
i. City of Perth;
j. City of Subiaco; and
k. His Majesty’s Theatre.
9 Notices of the proposed variations of the Building Trades Awards were also published in the Industrial Gazette and on the Commission’s website.
10 No individual, organisation or employer has advised the Commission of any opposition to the proposed variations.
Proposed variations
Scope provisions
Building Trades (Construction) Award
11 The Building Trades (Construction) Award’s scope provision currently says:
This award shall apply:
(1) to all employees usually employed on or employed as casual employees on construction work as defined in Clause 7. - Definitions of this award in any of the callings set out in Clause 8. - Rates of Pay of this award and who are employed in the building construction industry; and
(2) to all apprentices usually employed on construction work as defined in Clause 7. - Definitions of this award and taken to any of the trades to which this award relates and who are employed in the building construction industry; and
(3) without affecting the operation of subclauses (1) and (2) hereof, to all employees including apprentices usually employed on or employed as casual employees on construction work as defined in Clause 7. - Definitions of this award in any of the callings (except each and every builders’ labourers classification) set out in Clause 8. - Rates of Pay of this award, who are employed in the construction industry (other than the building construction industry) and whose work if it had been performed on the 27th day of November 1989, was not covered by any other award of the Western Australian Industrial Relations Commission; and
(4) to all employers employing those employees and/or apprentices; and
(5) to all principal contractors and project managers referred to in Clause 30. - Amenities of this award for the purposes only of that clause.
12 The Building Trades (Construction) Award therefore currently applies to tradespersons, builders’ labourers and apprentices working on ‘construction work’ as defined in the construction industry. It also extends to employees working in any of the callings (except each and every builders’ labourer classification) set out in the award, in the construction industry (other than the building construction industry) where that work, if it had been performed on the 27th day of November 1989, was not covered by any other State award.
13 The current provision is not user-friendly. Its drafting reflects historical limitations based on union coverage, and the proliferation of other State awards within the broader construction industry: see for instance The Construction, Mining and Energy Workers’ Union of Western Australia, Western Australian Branch v Adsigns Pty Ltd and Others (1990) 70 WAIG 2661.
14 Accordingly, the proposed variations seek to simplify the scope clause to make it easier to understand and modernise its terminology but maintain the existing coverage.
15 The proposed variations define scope by reference to ‘on-site building and construction industry’ for which there is a new definition.
Building Trades Award 1968
16 The Building Trades Award 1968 has most of the same occupational classifications as the Building Trades (Construction) Award, but applies predominantly to employees who are not working ‘on-site’ such as those working in workshops.
17 The award’s scope provision currently says:
This award shall apply –
(1) (a) Employees in “Schedule B – Common Rule”:
To all employees (including apprentices) employed in a calling or callings set out in Clause 10. – Wages, of this award in the industries carried on by the respondents set out in the schedule attached to this award, and
(b) Employers in “Schedule C – Named Employers Only – No Common Rule”:
To all employees (including apprentices) employed in a calling or callings set out in Clause 10. – Wages, of this award employed only by those named employers.
(2) To all employers employing those employees, but the Award shall not apply –
(a) to an employee covered by the Painters’ (Government Shipping) Award (No. 32A of 1961) as amended or replaced from time to time;
(b) to an employee employed in sandblasting or in painting structural steel work in an establishment of an employer bound by the provisions of the Metal Trades (General) Award 1966 (No. 13 of 1965) as amended or replaced from time to time;
(c) (i) in respect to employers in “Schedule B – Common Rule”:
to an employee employed on work coming within the scope of any award or industrial agreement in force at the date of this award or to an employee whose conditions of employment are regulated by any such award or industrial agreement;
(ii) in respect to employers in “Schedule C – Named Employers Only – No Common Rule”:
to employees employed on work coming within the scope of any award or industrial agreement of the Western Australian Industrial Relations Commission in force as at 6 July 1998 being the date upon which the employers were named as respondents to this Award;
(d) to an employee, not employed by a painting contractor or by a building contractor or not usually employed as a painter under the award, who is employed on work in which only one coat of paint or any other preparation used for preservative purposes is applied;
(e) to an employee who paints petrol or oil containers not exceeding fifty gallons capacity; or
(f) to an employee employed by Di-Met (WA) Pty Ltd in painting or applying protective coating in its workshop, to any plant, machinery, object or structure, not being a building or a part, in situ, of a building.
(g) Notwithstanding the exclusions contained in paragraphs (a) to (f) above and without limiting in any way the operation of those paragraphs, the award shall not apply to work performed by any employee falling within the scope of the following awards and registered industrial agreements:
(i) Pipe, Tile and Pottery Manufacturing Industry Award (No. R 34 of 1978)
(ii) Bristile Clay Tiles Enterprise Agreement 1995 (No. AG 287 of 1995)
(iii) Heat Containment Industries (Refractory Specialties) Award No. 3 of 1981
(iv) Heat Containment Industries Enterprise Agreement 1993 (No. AG 59 of 1993
(v) Cement Tile Manufacturing Award No. 3 of 1966
(vi) Porcelain Workers’ Award, 1970 (No. 1 of 1970)
(vii) Brick Manufacturing Award 1979 (No. R 19 of 1979)
(viii) Metro Brick (Cardup) (Enterprise Bargaining) Agreement 1994 (No. AG 37 of 199
(ix) Metro Brick Armadale (Enterprise Bargaining) Agreement 1994 (No. AG 96 of 1995)
(x) Geraldton Brickworks Pty Ltd Enterprise Agreement 1996 (No. AG 172 of 1996)
(xi) Appendix 4 of the Metal Trade (General) Award 1966 (No. 13 of 1965)
(xii) Furniture Trades Industry Award (No. A 6 of 1984).
18 This scope clause is partly of the type discussed in R.J. Donovan and Associates Pty Ltd v Federated Clerks Unions of Australia Industrial Union of Workers, W.A. Branch (1977) 57 WAIG 1317, sometimes referred to as a Donovan scope clause, with common rule coverage determined by whether an employee is working on one of the industries listed in Schedule B, with an extension to named respondents in Schedule C.
19 This structure leaves the potential for gaps in coverage if an industry is not expressly mentioned. Accordingly, the proposed variations extend the coverage to all industries who employ workers in the occupations covered by the award, unless they are covered by another award. The award’s scope if defined on a purely occupational basis, to ensure it continues to cover all employees and employers currently bound by it, while also extending coverage to other businesses who engage building trades workers. The variations have the effect that the scope is now fully common rule.
20 Most of the current exclusions from scope are retained, except where an award or employer referenced is no longer in existence. A note has been added to the exclusion at cl 3(3)(b) to alert readers to the Building Services (Registration) Act 2011 (WA) and the fact that it regulates the registration of painters in Western Australia based on the value of work undertaken.
Other variations
21 On the CFMEU’s suggestion, an incidental variation to the title of the Building Trades Awards to add reference to ‘labourers’ is made so that the title better reflects the awards’ scope and coverage.
22 There are minor changes to the definition of ‘builders’ labourer’ in the Building Trades Awards to make it easier to understand.
23 A variation has been made to add a classification for tradespersons with an apprenticeship in concreting, which is now a recognised trade. This has been done by adding reference in the Building Trades (Construction) Award to concrete tradespersons in the classification column of clause 8 – Rates of Pay, and in the classification column of clause 10 – Wages in the Building Trades Award 1968.
24 This variation will ensure that employees undertaking an apprenticeship in concreting are covered by the Building Trades Awards, and that trade qualified concreters are classified and paid at tradesperson rates rather than labourer’s rates.
25 Further variations are intended to:
a. provide clarification in relation to labour hire businesses, group training services for apprentices or trainees (and principal contractors and project managers for the purpose of clause 30 of the Building Trades (Construction) Award);
b. expressly state that the Building Trades Awards do not apply to employees who are covered by another State award, or are subject to the national industrial relations system, to ensure that employers are not subject to more than one award simultaneously in relation to an employee;
c. list the awards which apply to the exclusion of the Building Trades Awards; and
d. align clause 4 – Area with the form of words used in other updated State awards.
26 An incidental variation is made to add a provision in clause 8 – Rates of Pay of the Building Trades (Construction) Award and clause 10 – Wages of the Building Trades Award 1968, for trainees’ pay. The new clause of the Building Trades (Construction) Award refers to Schedule D of the national Building and Construction General On-site Award 2022 and the new clause of the Building Trades Award 1968 refers to Schedule E of the national Joinery and Building Trades Award 2020, which each incorporate the national training wage pay rates and conditions.
27 These purposes are common to the rationale and intent of the variations in the CICS 5 Reasons and the CICS 5 Reasons should be referred to for elaboration about the purpose of the variations.
28 Additionally, clause 45 – Prohibition of Junior Employees of the Building Trades (Construction) Award has been deleted in its entirety. It prohibited the employment of junior employees without the consent of the union. Removing the clause ensures that the scope of the award extends to all junior workers.
Conclusion and Order
29 The Commission orders that:
1. the Building Trades (Construction) Award 1987 be amended in accordance with the Schedule 1 attached to these reasons, with such variations to take effect from the date of the Commission’s order;
2. the Building Trades Award 1968 be amended in accordance with the Schedule 2 attached to these reasons, with such variations to take effect from the date of the Commission’s order.
Schedule 1
Current Award
Proposed variations
1. - TITLE
This award shall be known as the "Building Trades (Construction) Award 1987",and shall replace Award No. 14A of 1975, as amended and the Building Trades (Construction) Award 1977, Nos. 24 of 1976 and 14 of 1975, as amended.
1. – TITLE
This award shall be known as the “Building Trades and Labourers (Construction) Award”.
3. - SCOPE
This award shall apply:
(1) to all employees usually employed on or employed as casual employees on construction work as defined in Clause 7. - Definitions of this award in any of the callings set out in Clause 8. - Rates of Pay of this award and who are employed in the building construction industry; and
(2) to all apprentices usually employed on construction work as defined in Clause 7. - Definitions of this award and taken to any of the trades to which this award relates and who are employed in the building construction industry; and
(3) without affecting the operation of subclauses (1) and (2) hereof, to all employees including apprentices usually employed on or employed as casual employees on construction work as defined in Clause 7. - Definitions of this award in any of the callings (except each and every builders' labourers classification) set out in Clause 8. - Rates of Pay of this award, who are employed in the construction industry (other than the building construction industry) and whose work if it had been performed on the 27th day of November 1989, was not covered by any other award of the Western Australian Industrial Relations Commission; and
(4) to all employers employing those employees and/or apprentices; and
(5) to all principal contractors and project managers referred to in Clause 30. - Amenities of this award for the purposes only of that clause.
3. – SCOPE
(1) This award applies to employees working in the “on-site building and construction industry” (as defined) in any classification mentioned in this award and to all employers employing those employees.
(2) This award also applies to:
(a) Employers that supply labour on an on-hire basis to host employers in the on-site building and construction industry in respect of on-hire employees employed in any classification mentioned in this award, and those on-hire employees, while engaged in the performance of work covered by this award;
(b) Employers that provide group training services for apprentices and/or trainees in the on-site building and construction industry in respect of apprentices and/or trainees working in one or more of the classifications mentioned in this award, and those apprentices and trainees, while engaged by a host employer in the performance of work covered by this award; and
(c) Principal contractors and project managers referred to in Clause 30. – Amenities of this award (for the purposes only of that clause).
(3) This award does not apply to:
(a) Employers and employees who are subject to the national industrial relations system;
(b) Employees who are covered by another State award, including the:
(i) Australian Workers Union Road Maintenance, Marking and Traffic Management Award 2002;
(ii) Building Trades and Labourers (General) Award;
(iii) Building Trades (Government) Award 1968;
(iv) Foreman (Building Trades) Award 1991;
(v) Industrial Spraypainting and Sandblasting Award;
(vi) Earth Moving and Construction Award;
(vii) Engine Drivers’ (General) Award;
(viii) Metal Trades (General) Award
4. - AREA
This award shall operate throughout the State of Western Australia
4. – AREA
(1) This award has effect throughout Western Australia.
(2) This award also has effect with respect to employers who are connected to the State of Western Australia and their employees while performing work covered by this award.
Note: For a non-exhaustive list of indicators of when an employer may be connected to the State of Western Australia, see section 3(2) of the Industrial Relations Act 1979 (WA). Indicators include, but are not limited to, whether the employer is:
· Domiciled or resident in, or has an office or place of business in, the State; or
· Registered, incorporated or established under a law of the State; or
· The holder of a licence, lease, tenement, permit, or other authority granted under a law of the State or by a public authority.
7(1)(a)(iv). - DEFINITION
(1) Builders' Labouring
(a) "Builders' Labourer" means an employee engaged -
…
(iv) in general labouring not provided for herein provided that such work had it been performed on 23 September 1997 was not at that date covered by any other award of the Western Australian Industrial Relations Commission.
7(1)(a)(iv). – DEFINITION
(1) Builders’ Labouring
(a) “Builders’ Labourer” means an employee engaged –
…
(iv) in general labouring not provided for herein.
7(1)(3) – DEFINITION
(3) "Construction Work" means –
(a) all work "on-site" in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or other structures of any kind whatsoever;
or
(b) all work which the union and the employer concerned agree is construction work but only if the agreement is approved by the Board of Reference;
Or
(c) all work which, in default of an agreement as aforesaid, is declared by the Board of Reference to be construction work.
7(1)(3) – DEFINITION
(3) the “on-site building and construction industry” means:
(a) the construction, alteration, extension, restoration, repair, demolition or dismantling of buildings, structures or works that form, or are to form, part of land, whether or not the buildings, structures or works are permanent, and maintenance undertaken by employees of such buildings, structures or works;
(b) the installation in any building, structure or works of fittings and services;
(c) other construction work not mentioned in part (a) or (b) of this subclause.
ADD NEW CLAUSE 7(15) - DEFINITION
(15) “On-hire” means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
CLASSIFICATION COLUMN 8(2)(a)(i). - RATES OF PAY
(2) Weekly Rate: The following amounts shall be applied for the purpose of the calculation in subclause (4) of this clause of the hourly rate to apply under this Award.
(a)
(i)
Bricklayers, stoneworkers, stonemasons, carpenters, joiners, painters, signwriters, glaziers, and plasterers roof tile fixers
CLASSIFICATION COLUMN 8(2)(a)(i). – RATES OF PAY
(2) Weekly Rate: The following amounts shall be applied for the purpose of the calculation in subclause (4) of this clause of the hourly rate to apply under this Award.
(a)
(i)
Bricklayers, stoneworkers, stonemasons, carpenters, joiners, painters, signwriters, glaziers, plasterers roof tile fixers, and concrete tradesperson (Certificate III trade qualified)
ADD NEW SUBCLAUSE 8(17) RATES OF PAY
(17) Trainees
The minimum rates of pay and conditions of employment applicable to trainees will be those set out in Schedule D - National Training Wage of the Building and Construction General On-site Award 2020 as amended from time to time. Provided that any reference to “this award” in Schedule D to the Building and Construction General On-site Award 2020 is to be read as referring to the Building Trades and Labourers (Construction) Award.
Note: The Building and Construction General On-site Award 2020 is a modern award that applies to employers and employees in the national industrial relations system. The rates of pay for trainees are usually adjusted from 1 July each year.
45. - PROHIBITION OF JUNIOR EMPLOYEES
(1) Except as provided in subclauses (2)-(9) inclusive hereof, the employment of junior employees (except apprentices) on any work which, if performed by an adult employee, would be subject to the provisions of this award is prohibited unless the consent of the union is in each case first obtained. If any junior employee (except an apprentice) is so employed such employee shall be paid not less than the rate of pay of an adult performing similar work.
(2) A junior employee employed on work for which an apprenticeship is provided for in this award and who is not registered as a probationer pursuant to regulation 6 of the Industrial Training Act Regulations, shall be paid not less than the wage prescribed in Clause 8 of this award for an adult employee performing similar work.
(3) Junior employees may be employed as roof tile fixers in the proportion of 2 juniors to 1 adult employee.
(4) (a) A junior employee employed as a roof tile fixer shall, upon attaining the age of 20 years, be classed as an improver and be paid as such, provided that the time worked prior to his 20th birthday shall be counted as time worked as an improver.
(b) Notwithstanding subclause (a) hereof, after 3 years service a junior employee may request a trade test and if he passes shall receive full adult rates.
(5) An employee commencing in the industry after his 20th birthday shall be classed as an improver and shall be paid as provided in subclause (7) hereof, provided that after 2 years service an improver may request a trade test and if he passes shall receive full adult rates.
(6) (a) The ordinary rates of pay to be paid to junior employees shall be in accordance with the percentages set out below applied to the sum of the tradesperson's weekly rate set out in Clause 8(2)(a) and the appropriate special allowance prescribed in 8(5).
%
Between 16 and 17 years
42
Between 17 and 18 years
55
Between 18 and 19 years
75
Between 19 and 20 years
88
Over 20 years of age
100
(b) Industry Allowance
Where a junior employee works in circumstances which would entitle a tradesperson to the industry allowance prescribed in Clause 8(3) the following extra rates, expressed as a percentage of that industry allowance, shall be paid.
%
Between 16 and 17 years
40
Between 17 and 18 years
72
Between 18 and 19 years
95
Over 19 years of age
100
(7) The ordinary rates of pay to be paid to improvers shall be in accordance with the percentages set out below applied to the sum of the tradesperson's weekly rate set out in Clause 8(2)(a) - Rates of Pay and the appropriate special allowance set out in Clause 8(5).
%
First 6 months' service
60
Second 6 months' service
65
Second year of service
75
Third year of service
88
Thereafter
100
(8) Where an improver works in circumstances which would entitle a tradesperson to the industry allowance prescribed in Clause 8(3) the following extra rates, expressed as a percentage of that industry allowance shall be paid.
%
First 6 months service
40
Second 6 months service
72
Second year of service
95
Third year of service
100
(9) A tool allowance of one-third of the amount payable to a tradesperson shall be paid to a junior employee or improver in that trade of his first year of service and of two-thirds of that amount in his second year of service and of the same amount as is payable to a tradesperson in the remaining period of his service as a junior employee or improver.
DELETE CLAUSE 45.
Schedule 2
Current Award
Proposed variations
1. - TITLE
This award shall be known as the "Building Trades Award 1968" and it shall replace Award No. 24 of 1958 as amended, Award No. 1 of 1965 and Award No. 30 of 1965.
1. – TITLE
This award is known as the “Building Trades and Labourers (General) Award”.
3. - SCOPE
This award shall apply -
(1) (a) Employees in “Schedule B – Common Rule”:
To all employees (including apprentices) employed in a calling or callings set out in Clause 10. – Wages, of this award in the industries carried on by the respondents set out in the schedule attached to this award, and
(b) Employers in “Schedule C – Named Employers Only – No Common Rule”:
To all employees (including apprentices) employed in a calling or callings set out in Clause 10. – Wages, of this award employed only by those named employers.
(2) To all employers employing those employees, but the Award shall not apply -
(a) to an employee covered by the Painters' (Government Shipping) Award (No. 32A of 1961) as amended or replaced from time to time;
(b) to an employee employed in sandblasting or in painting structural steel work in an establishment of an employer bound by the provisions of the Metal Trades (General) Award 1966 (No. 13 of 1965) as amended or replaced from time to time;
(c) (i) in respect to employers in “Schedule B – Common Rule”:
to an employee employed on work coming within the scope of any award or industrial agreement in force at the date of this award or to an employee whose conditions of employment are regulated by any such award or industrial agreement;
(ii) in respect to employers in “Schedule C – Named Employers Only – No Common Rule”:
to employees employed on work coming within the scope of any award or industrial agreement of the Western Australian Industrial Relations Commission in force as at 6 July 1998 being the date upon which the employers were named as respondents to this Award;
(d) to an employee, not employed by a painting contractor or by a building contractor or not usually employed as a painter under the award, who is employed on work in which only one coat of paint or any other preparation used for preservative purposes is applied;
(e) to an employee who paints petrol or oil containers not exceeding fifty gallons capacity; or
(f) to an employee employed by Di-Met (WA) Pty Ltd in painting or applying protective coating in its workshop, to any plant, machinery, object or structure, not being a building or a part, in situ, of a building.
(g) Notwithstanding the exclusions contained in paragraphs (a) to (f) above and without limiting in any way the operation of those paragraphs, the award shall not apply to work performed by any employee falling within the scope of the following awards and registered industrial agreements:
(i) Pipe, Tile and Pottery Manufacturing Industry Award (No. R 34 of 1978)
(ii) Bristile Clay Tiles Enterprise Agreement 1995 (No. AG 287 of 1995)
(iii) Heat Containment Industries (Refractory Specialties) Award No. 3 of 1981
(iv) Heat Containment Industries Enterprise Agreement 1993 (No. AG 59 of 1993
(v) Cement Tile Manufacturing Award No. 3 of 1966
(vi) Porcelain Workers’ Award, 1970 (No. 1 of 1970)
(vii) Brick Manufacturing Award 1979 (No. R 19 of 1979)
(viii) Metro Brick (Cardup) (Enterprise Bargaining) Agreement 1994 (No. AG 37 of 199
(ix) Metro Brick Armadale (Enterprise Bargaining) Agreement 1994 (No. AG 96 of 1995)
(x) Geraldton Brickworks Pty Ltd Enterprise Agreement 1996 (No. AG 172 of 1996)
(xi) Appendix 4 of the Metal Trade (General) Award 1966 (No. 13 of 1965)
(xii) Furniture Trades Industry Award (No. A 6 of 1984).
3. – SCOPE
(1) This award applies to:
(a) All employees employed in any classification mentioned in Clause 10. – Wages and Clause 16. – Apprentices of this award, except where that work is covered by another State award containing a classification which is more appropriate to the work performed by the employee; and
(b) Employers of employees mentioned in subclause (a).
(2) This award also applies to:
(a) Employers that supply labour on an on-hire basis to host employers in respect of on-hire employees employed in any classification mentioned in this award, and those on-hire employees, while engaged in the performance of work covered by this award; and
(b) Employers that provide group training services for apprentices and/or trainees in respect of apprentices and/or trainees working in one or more of the classifications mentioned in this award, and those apprentices and trainees, while engaged by a host employer in the performance of work covered by this award.
(3) This award does not apply to:
(a) Employers and employees who are subject to the national industrial relations system;
(b) Employees, not employed by a painting contractor or by a building contractor or not usually employed as a painter under the award, who are employed on work in which only one coat of paint or any other preparation used for preservative purposes is applied;
Note: The Building Services (Registration) Act 2011 regulates the registration of painters in Western Australia based on the value of the work undertaken.
(c) Employees who paint petrol or oil containers not exceeding fifty gallons (227 litres) capacity;
(d) Employees employed in sandblasting or painting structural steel work in an establishment of an employer bound by the provisions of the Metal Trades General Award;
(e) Employees who are covered by another State award, including the:
(i) Pipe, Tile and Pottery Manufacturing Industry Award
(ii) Furniture Trades Industry Award
(iii) Building Trades and Labourers (Construction) Award
(iv) Building Trades (Government) Award 1968
(v) Brick Manufacturing Award 1979
(vi) Industrial Spraypainting and Sandblasting Award
(vii) Monumental Masonry Industry Award, 1989
4. - AREA
This award shall operate throughout the State of Western Australia.
4. – AREA
(1) This award has effect throughout Western Australia.
(2) This award also has effect with respect to employers who are connected to the State of Western Australia and their employees while performing work covered by this award.
Note: For a non-exhaustive list of indicators of when an employer may be connected to the State of Western Australia, see section 3(2) of the Industrial Relations Act 1979 (WA). Indicators include, but are not limited to, whether the employer is:
· Domiciled or resident in, or has an office or place of business in, the State; or
· Registered, incorporated or established under a law of the State; or
· The holder of a licence, lease, tenement, permit, or other authority granted under a law of the State or by a public authority.
6(3)(a)(iv). - DEFINITION
(3) Builders Labouring:
(a) "Builders Labourer" means a worker engaged -
…
(iv) in general labouring (excluding production and processing) not provided for herein. Provided that such work is covered by the Constitution Rule of the WABLPPU and had such work been performed on 6/2/2001, was not at that date covered by any other award of the Western Australian Industrial Relations Commission.
6(3)(a)(iv). – DEFINITION
(3) Builders Labouring:
(a) “Builders Labourer” means a worker engaged –
…
(iv) in general labouring (excluding production and processing) not provided for herein.
INSERT NEW 6(10) – DEFINITION
(10) “On-hire” means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
CLASSIFICATION COLUMN CLAUSE 10(1)(a)(i). - WAGES
The rates of wages payable to the employees covered by the award (other than duly registered apprentices) shall be as follows:
(1) Base Rate and Supplementary Payment (per week)
(a)
(i) Bricklayers, stoneworkers, carpenters, joiners, painters, signwriters, glaziers, plasterers and plumbers as defined in Clause 6 of this award
CLASSIFICATION COLUMN CLAUSE 10(1)(a)(i). – WAGES
The rates of wages payable to the employees covered by the award (other than duly registered apprentices) shall be as follows:
(1) Base Rate and Supplementary Payment (per week)
(a)
(i) Bricklayers, stoneworkers, carpenters, joiners, painters, signwriters, glaziers, plasterers, plumbers, concrete tradesperson (Certificate III trade qualification), and stonemason as defined in Clause 6 of this award
10(7) – WAGES
(7) (a) Junior employees may be employed in the classification of Joiner - Assembler A but in no other classification and shall be paid the following percentages of the base rate and special payment applicable to that classification:
%
Up to 16 years
38
16 – 17
46
17 – 18
53
18 – 19
73
19 – 20
88
20 +
100
(b) In addition to the above rates a junior employee shall be paid the tool allowance specified in subclause (3) hereof if required by the employer to supply tools.
(c) This subclause shall not operate to reduce the wages of any employee who is paid more than the rate prescribed herein for such employee nor shall the same permit the reduction of any such wages.
(d) Junior employees employed in the classification of Joiner - Assembler A may perform any of the duties of a Joiner - Assembler A and/or Joiner - Assembler B as defined in Clause 6. - Definitions and shall not perform work ordinarily carried out by any other classification of employee covered by this award.
(e) Junior employees shall be employed at a ratio of one junior employee to each five adult employees or part thereof.
10(7) - WAGES
(7) The minimum rates of pay and conditions of employment applicable to trainees will be those set out in Schedule E – National Training Wage of the Joinery and Building Trades Award 2020 as amended from time to time. Provided that any reference to “this award” in Schedule E to the Joinery and Building Trades Award 2020 is to be read as referring to the Building Trades and Labourers (General) Award.
Note: The Joinery and Building Trades Award 2020 is a modern award that applies to employers and employees in the national industrial relations system. The rates of pay for trainees are usually adjusted from 1 July each year.
SCHEDULE B – COMMON RULE
Aerated Water Manufacturers
Crystal Softdrinks
Clune Street, BAYSWATER WA 6053
Agricultural Societies
Royal Agricultural Society of WA
Royal Showgrounds, CLAREMONT WA 6010
Aluminium Pre-fabrication
Jason Industries
Walsh's Glass Pty Ltd
200 Bannister Road, CANNING VALE WA 6155
Copral Aluminium
8-10 Bradford Street, KEWDALE WA 6105
Avanti Glass
24 Port Kembla Drive, BIBRA LAKE WA 6163
Frontline Aluminium Windows
21 Wellard Street, BIBRA LAKE WA 6163
Breweries
Swan Brewery Co. Pty Ltd
25 Baile Road, CANNING VALE WA 6155
Brick Manufacturers
Cardup Metro Bricks Pty Ltd
Kiln Road, BYFORD WA 6201
Caterers
Fisher Catering Services
Suite 23-25 Walters Drive, OSBORNE PARK WA 6017
P & O Catering Services
243 Beaufort Street, PERTH WA 6000
Ceiling Board Manufacturers
CSR Building Materials
21 Sheffield Road, WELSHPOOL WA 6106
Brady’s Building Products
18 Railway Parade, BAYSWATER WA 6053
Cement Manufacturers
Swan Portland Cement Ltd
175 Burswood Road, BURSWOOD WA 6100
Private Colleges
Wesley College
40 Coode Street, SOUTH PERTH WA 6151
Christ Church Grammar School (Inc)
Queenslea Drive, CLAREMONT WA 6010
Methodist Ladies College
365 Stirling Highway, CLAREMONT WA 6010
Confectionary Manufacturers
Blackpool Rock Candies
16 Keegan Street, O'CONNOR WA 6163
Fresh Food Industries
10 Knock Place, JANDAK0T WA 6164
Perth Candy
3/50 Howe Street, OSBORNE PARK WA 6017
Concrete Tank Builders
AAA Tiger Concrete Tanks Pty Ltd
Lot 101 Byron Road, ARMADALE WA 6112
Amalgamated Concrete Tanks Pty Ltd
16 Little John Road, ARMADALE WA 6112
Dairy Produce Processors
Peters & Brownes Group
22 Geddes Street, BALCATTA WA 6021
Brownes Dairy Ltd
299 Charles Street, NORTH PERTH WA 6006
Fonti Dairy Foods Pty Ltd
27 Howe Street, OSBORNE PARK WA 6017
Earth Moving Contractors,
Thiess Contractors Pty Ltd
256 St George's Terrace, PERTH WA 6000
Western National Earthmoving Corporation Pty Ltd
Unit 7, 15-21 Collier Road, MORLEY WA 6062
Fertiliser Manufacturers
Pivot Agriculture Ltd
10 Fargo Way, WELSHPOOL WA 6106
Organic 2000
59 Safari Place, WANNEROO WA 6065
Fish Processors
Kailis Bros
23 Catalano Road, CANNING VALE WA 6155
Del Pty Ltd
55 Armadale Crescent, COOLBINIA WA 6050
Horse Racing Associations
WA Trotting Association
Nelson Crescent, EAST PERTH WA 6004
WA Turf Club
70 Grandstand Road, BELMONT WA 6104
Hotels
Sheraton Hotel
207 Adelaide Terrace, PERTH WA 6000
Hyatt Hotel
99 Adelaide Terrace, PERTH WA 6000
The Vines Resort
Verdelho Drive, THE VINES WA 6069
The Lord Forrest Hotel
Symmons Street, BUNBURY WA 6230
House Repairers & Renovators
Apex Construction & Maintenance Pty Ltd
10 Cleaver Street, WEST PERTH WA 6005
McAlister & McAlister Pty Ltd
17 Pearson Way, OSBORNE PARK WA 6017
Industrial Gas Manufacturers
Air Liquide WA Pty Ltd
276 Leach Highway, MYAREE WA 6154
Oxair Australia Pty Ltd
355 Victoria Road, MALAGA WA 6062
Insulation Materials Manufacturers
Australian Fibre Glass Pty Ltd
12 Dobra Road, YANGEBUP WA 6164
Thermacon 88 Insulation
23 Faulkner Avenue, BELMONT WA 6104
Total Wool Insulation
29 Welshpool Road, WELSHPOOL WA 6106
Bellis Australia Pty Ltd
16 Keegan Place, O'CONNOR WA 6163
Insurance Companies
AMP
140 St George's Terrace, PERTH WA 6000
Prudential Corporation Australia Ltd
76 Kings Park Road, WEST PERTH WA 6005
Joinery Manufacturers
Canning Joinery & Cabinet Manufacturers
22-24 Faulkner Avenue, BELMONT WA 6104
Mapp Bros Pty Ltd
56 Edward Street, OSBORNE PARK WA 6017
Newmarket Joinery
11 Rockingham Road, HAMILTON HILL WA 6163
Del Riccio N & Son
16 John Street, BAYSWATER WA 6063
Kewdale Joiners Pty Ltd
34 Stanhope Gardens, MIDVALE WA 6056
Local Government Authorities
Albany Council
Mercer Road, ALBANY WA 6330
Fremantle City Council
8 William Street, FREMANTLE WA 6160
Perth City Council
141 St George's Terrace, PERTH WA 6000
Subiaco City Council
241 Rokeby Road, SUBIACO WA 6008
Meat Exporters & Frozen Food Storers
Australasian Country Fresh Meat Exporters Pty Ltd
9/17 Boag Place, MORLEY WA 6062
Floreat Meat Exporters Pty Ltd
17 McLaren Street, SOUTH FREMANTLE WA 6162
Harvey Meat Exporters
Seventh Street, HARVEY WA 6220
Motor Vehicle Distributors
Scarboro Toyota
297 Scarborough Beach Road, OSBORNE PARK WA 6017
City Motors
505 Newcastle Street, PERTH WA 6000
Neon Sign Manufacturers
Rainbow Neon Signs
178 Colin Place, WEST PERTH WA 6005
Claude Neon (Aust) Pty Ltd
1/30 Walters Drive, OSBOR.NE PARK WA 6017
Petrol & Oil Distributors
Ampol Petroleum Pty Ltd
220 St George's Terrace, PERTH WA 6000
Amgas Pty Ltd
178 St George's Terrace, PERTH WA 6000
BP Oil
543 Abernethy Road, KEWDALE WA 6105
Plastic Fabricators
Acrifab Display Products
101 Albany Highway, VICTORIA PARK WA 6100
Plastic Fabricators & Welders
Unit 5/40 Oxleigh Drive, MALAGA WA 6062
BCJ Plastic Products
Unit 4/96 Hector Street, VICTORIA PARK WA 6100
Poultry Processors
Aussie Chicken
Unit 6, 11 Vale Road, MALAGA WA 6062
Bohemia Food Distributors Pty Ltd
71 Howe Street, OSBORNE PARK WA 6017
Retail & Wholesale Distributors
Aherns
622 Hay Street, PERTH WA 6000
Roofing Contractors
The Federation Roofing Co. (WA)
19a Guildford Road, MT LAWLEY WA 6050
Bower Roof Plumbing
79 Essex Street, WEMBLEY WA 6014
Ship Builders & Repairers
Austal Ships Pty Ltd
100 Clarence Ceach Road, HENDERSON WA 6166
Fremantle Shipwriting Co. WA Pty Ltd
8 Slip Street, FREMANTLE WA 6160
Key Engineering
41 Wood Street, FREMANTLE WA 6160
Sail Power Marine Chandlery
23 Carrington Street, NEDLANDS WA 6009
Shop Fronts & Office Fitting Manufacture
Associated Shop Fitters Pty Ltd
395 Victoria Street, MALAGA WA 6162
Dakota Interiors
23 Ruse Street, OSBORNE PARK WA 6017
Co-ordinated Shop & Office Fit-outs
Unit 8/11 Milford Street, EAST VICTORIA PARK WA 6101
Ivo Industries Cabinet Makers
Unit 8/42 Collingwood Road, OSBORNE PARK WA 6017
Focus Shopfitters Pty Ltd
139 Winton Road, JOONDALUP WA 6027
K & R Jennings
Unit 5/42 Prendiville Drive, WANGARA WA 6065
Architectural Shopfitters
5 Paddington Road, BAYSWATER WA 6053
Lane Industries Pty Ltd
20 Thurso Road, MYAREE WA 6154
Small Goods Manufacturers
Watsonia
71 High Street, FREMANTLE WA 6160
Roediger Bros Pty Ltd
182 Fitzgerald Street, NORTHAM WA 6401
Swimming Pool Manufacturers & Equipment Suppliers
Southside Pool ServiceUnit 6, Cnr South Street & Bannister Road, CANNING VALE WA 6155
Pool Doctor
25 Peregrine Drive, KINGSLEY WA 6026
Buccaneer Pools & Spas
28 Belmont Avenue, BELMONT WA 6104
Aqua Technics
10 Ferguson Street, KEWDALE WA 6105
Freedom Pools
63 Winton Road, SOUTH JOONDALUP WA 6027
Textile Manufacturers
Birkmyre Pty Ltd
16 Murchison Terrace, EAST PERTH WA 6004
Grange Jaquard Pty Ltd
Unit 1, 73 Holder Way, MALAGA WA 6062
Ace Cinemas Pty Ltd
1002 Hay Street, PERTH WA 6000
Greater Union Organisation
Liege Street, INNALOO WA 6017
His Majesty's Theatre
825 Hay Street, PERTH WA 6000
Hoyts Cinemas Ltd
580 Hay Street, PERTH WA 6000
DELETE SCHEDULE
SCHEDULE C – NAMED EMPLOYERS ONLY – NO COMMON RULE
Glass Cutting & Fitting
All Style Glass and Aluminium
Unit 5, 40 Prendiville Drive, WANGARA WA 6065
Glass Repairs
Unit 5, 40 Prendiville Drive, WANGARA WA 6065
Action Glass & Aluminium
83 Crocker Drive, MALAGA WA 6062
Modern Glass
1 Gary Road, MADDINGTON WA 6109
Peters Glazing Service
12 Haller Road, BALCATTA WA 6021
Tudor Glass & Glazing
Unit 2, 31 Yampi Way, WILLETON WA 6155
Better Glass Co.
399 Sevenoaks Street, CANNINGTON WA 6107
Clearview Glass & Aluminium
18 Ilumba Way, NOLLAMARA WA 6061
Cooling Bros Glass Co Pty Ltd
170 Oxford Street, LEEDERVILLE WA 6007
Mr Glass Repairs
10 Petrel Court, HUNTINGDALE WA 6110
M & S Glass & Shower Screens
Unit 2, 1919 Beach Road, MALAGA WA 6062
Mt Lawley Glass
1070 Beaufort Street, BEDFORD WA 6052
Aardvark Holdings WA
Unit 8/211 Bannister Road, CANNING VALE WA 6155
Pilkington Victor Glass
79 McCoy Street, MYAREE WA 6154
Walsh's Glass
200 Bannister Road, CANNING VALE WA 6155
Accord Glass
52 Peel Road , O'CONNOR WA 6163
All Aussie Aluminium & Glass
345 Belmont Avenue, BELMONT WA 6104
All Suburbs Glass & Glazing
Unit 2, 201 Carr Place, LEEDERVILLE WA 6007
Allied Glass Pty Ltd
47 Duxon Road, ROCKINGHAM WA 6168
Avanti Glass
24 Port Kembla Drive, BIBRA LAKE WA 6163
Williams Glass & Glazing
Unit 5, 7 Cusack Road, MALAGA WA 6062
Balcatta Glass & Glazing
58 Erindale Road, BALCATTA WA 6021
Glass Doctor
882 Albany Highway, EAST VICTORIA PARK WA 6101
Benora Glass & Aluminium
Unit 7, 87 Erindale Road, BALCATTA WA 6021
Glazewell
Unit 1/2/10,15 Dellamarta Road, WANGARA WA 6065
Glass Service
82 Belmont Avenue, BELMONT WA 6104
Bentley Glass
Unit 4, 27 Sevenoaks Street, BENTLEY WA 6102
Buckingham Glass
Shop 7, Cnr Railway Avenue & Gillam Drive, KELMSCOTT WA 6111
Carousel Glass & Glazing Service
1A Gary Road, MADDINGTON WA 6109
Centurion Glass
Unit 6, 11 Townsend Street, MALAGA WA 6062
Classic Glass
4/24 Poletti Road, JANDAKOT WA 6164
Concept Glass
Unit 5, 39 Delawney Street, BALCATTA WA 6021
Davey Glass
404/396 Scarborough Beach Road, OSBORNE PARK WA 6017
Design Glass Pty Ltd
367 Sevenoaks Street, CANNINGTON WA 6107
Quality Glass & Maintenance
772 Beaufort Street, MT LAWLEY WA 6050
Speedy Glass
106 Norma Road, MYAREE WA 6154
Dial-A-Glass
Unit 2, 6 Ismail Street, WANGARA WA 6065
Don Mok Glass & Aluminium Windows
Unit 7, 16 Vale Street, MALAGA WA 6062
Doubleview Glass
253 Scarborough Beach Road, OSBORNE PARK WA 6017
Freeway Screens & Windows
2 Ledgar Road, BALCATTA WA 6021
Fremantle Glass Pty Ltd
149 South Terrace, FREMANTLE WA 6160
General Glass
Unit 4, 123 Burslem Drive, MADDINGTON WA 6109
Stirling Glass & Aluminium
19 O'Malley Street, OSBORNE PARK WA 6017
Kelmac Glass
73 Forsyth Street, O'CONNIOR WA 6163
K.T.S. Glass & Glazing
Unit 4, 91 Champion Drive, KELMSCOTT WA 6111
Maida Glass
Unit 4, 27 Sevenoaks Street, BENTLEY WA 6102
Midland Glass
173 Great Eastern Highway, MIDLAND WA 6056
Modern Glass
376 Scarborough Beach Road, OSBORNE PARK WA 6017
Premier Glass & Mirrors
198 Star Street, WELSHPOOL WA 6106
Prompt Glass
Unit 8, 211 Bannister Road, CANNING VALE WA 6155
Showerama
Unit 2, 11 Yampi Way, WILLETTON WA 6155
Uniglaze
4 Gordon Road (West), OSBORNE PARK WA 6017
Vic's Glass & Maintenance Service Pty Ltd
399 Sevenoaks Street, CANNINGTON WA 6107
Lakeside Glass
Unit 10/7 Delage Street, JOONDALUP WA 6027
Port Glass & Glazing Service
24 Mullings Way, MYAREE WA 6154
Recycled Glass
Unit 4, 27 Sevenoaks Street, BENTLEY WA 6102
Machinery Hire Companies
AAA Spot On Hire Services
69 Norma Road, MYAREE WA 6154
Belmont Hire
149 Francisco Street, BELMONT WA 6104
Bayswater Builders Hire Pty Ltd
239 Gnangara Road, WANGARA WA 6065
Bees Hire & Sales Kenwick
1726 Albany Highway, KENWICK WA 6107
Lees Hire
36 Railway Road, SUBIACO WA 6008
Crommelins Handyman Hire & Sales
139 Welshpool Road, WELSHPOOL WA 6106
Wreckair Hire
140 Welshpool Road, WELSHPOOL WA 6106
Malaga Handy Hire
6 Carson Road, MALAGA WA 6062
Hire-all & Sales
3 Winton Road, JOONDALUP WA 6027
Smart Hire & Sales
Cnr Bulwer & Fitzgerald Street, PERTH WA 6000
Signwriting
A Sign Company
16 Vahland Avenue, RIVERTON WA 6148
Alphabetter Computer Cutting Services
10 Drake Street, OSBORNE PARK WA 6017
Anderson's Signs
22/1 Baden Street, OSBORNE PARK WA 6017
Authentic Signs Pty Ltd
11 Anvill Way, WELSHPOOL WA 6106
Artform
23 Buckingham Drive, WANGARA WA 6065
Total Sign Co
Unit 2 & 3, 194 Balcatta Road, BALCATTA WA 6021
Norfolk Signs
7 Sackville Terrace, SCARBOROUGH WA 6019
Bullet Signs
Shop 11/443 Albany Highway, VICTORIA PARK WA 6100
Autographics WA
26A Collingwood Street, OSBORNE PARK WA 6017
Budget Signs
Unit 5/96 President Street, WELSHPOOL WA 6106
Bulldog Signs
18 King Edward Road, OSBORNE PARK WA 6017
Compac Marketing
6 Packard Street, JOONDALUP WA 6027
Custom Signs27 Leake Street, NORTH PERTH WA 6006
Datawest
Unit 1/24 Irvine Drive, MALAGA WA 6062
Down Under Signs
31 Owen Road, KELMSCOTT WA 6111
Dynamic Signs
Unit 1, 72 Clavering Street, BELMONT WA 6104
Express Signs
38A Sundercombe Street, OSBORNE PARK WA 6017
Hall & Myer Signs
5 Camden Street, BELMONT WA 6104
Indian Head Sign Co
291 Fitzgerald Street, NORTH PERTH WA 6006
JetCut
7-11 Catalano Road, CANNING VALE WA 6155
Jiffy SignsUnit 2,11-13 Gimpie Way, WILLETON WA 6155
Nancarrow Signs
208 Grand Promenade, BEDFORD WA 6052
Peardon Signs
Unit 5/79 Howe Street, OSBORNE PARK WA 6017
Rockingham Signwriters
38B Hurrell Way, ROCKINGHAM WA 6168
Signwrite
196 Carrington Road, HILTON WA 6163
The Sign Shop
3/1297 Hay Street, WEST PERTH WA 6005
Sign Supermarket
Unit 14/22 Farrell Road, MIDVALE WA 6056
Signlite Australia
71 Buckingham Drive, WANGARA WA 6065
Signs R Us
323 Great Eastern Highway, MIDVALE WA 6056
Signtalk
Unit 8/354 Victoria Road, MALAGA WA 6062
Signtek Fabricators
8 Midas Road, MALAGA WA 6062
Timbo Sign Co
Unit 2/35 Elmsfield Road, MIDVALE WA 6056
Toucan Sign & Design
Unit 401/396 Scarborough Beach Road, OSBORNE PARK WA 6017
Varisigns
55 McDonald Street (East), OSBORNE PARK WA 6017
Vital Line Corporate Signage
Unit 5/92 Beechboro Road, BAYSWATER WA 6053
WA Signs
73 Holder Way, MALAGA WA 6062
Woodpecker Signs & Graphics
Unit 6, 40 Prendiville Drive, WANGARA WA 6065
Stonemasonry
Atlas Limestone
356 Kew Street, CLOVERDALE WA 6105
Limestone Resources
Parkland Road, OSBORNE PARK WA 6017
Limestone City
Lot 66, Parkland Road, OSBORNE PARK WA 6017
Exclusive Sandstone Products
6 McDonald Crescent, BASSENDEAN WA 6054
Meteor Stone
14 Furniss Road, LANDSDALE WA 6065
Formstone Australia Pty Ltd
7 Winchester Road, SPEARWOOD WA 6163
Ausita Constructions Pty Ltd
181 Hay Street, SUBIACO WA 6008
Classic Solid Surfaces
41 Sarich Court, OSBORNE PARK WA 6017
Classical Stone Company
Unit 10, 50 Banksia Road, WELSHPOOL WA 6106
Creative Marble Constructions
2 Jade Street, MADDINGTON WA 6109
Exclusive Marble & Granite Pty Ltd
Unit 2, 9 Sundercombe Street, OSBORNE PARK WA 6017
Marble & Granite Expo
12 Rowallan Street, OSBORNE PARK WA 6017
Granite Construction Co
8 Koojan Avenue, SOUTH GUILDFORD WA 6055
lnterceramics
357 Oxford Street LEEDERVILLE WA 6007
Sogenco Pty Ltd
62 Winchester Road, MALAGA WA 6062
Status Marble & Granite
16 Cocos Industrial Park, BIBRA LAKE WA 6163
WA Marble & Granite Co
419 Scarborough Beach Road, OSBORNE PARK WA 6017
Indo Expo
7/33 Hector Street, OSBORNE PARK WA 6017
United Stone Gallery
Unit 3, 21 Stanford Way, MALAGA WA 6062
Marble & Cement Work (WA) Pty Ltd
25 Felspar Street, WELSHPOOL WA 6106
GC Smith & Co
Lot 12 Stockdale Road, O'CONNOR WA 6163
Ital Marble & Granite
Unit 5, 28 Vale Street, MALAGA WA 6062
Fraser Range Granite NL
Lot 3, Cnr Esplanade & Manning Street, SCARBOROUGH WA 6019
Granite Construction Co
8 Koojan Avenue, SOUTH GUILDFORD WA 6055
Historium Furniture
41 Sarich Court, OSBORNE PARK WA 6017
Rock Solid Products Pty Ltd
10 O'Connor Way, WANGARA WA 6065
Silestone
Unit 10/43 Hutton Street, OSBORNE PARK WA 6017
Universal Marble & Granite
Unit 3, 33 Hector Street, OSBORNE PARK WA 6017
Ceramic Floor & Wall Tiling
Tiles Expo
324 Charles Street, NORTH PERTH WA 6006
Bathroom International
199 Balcatta Road, BALCATI'A WA 6021
Bannister Tile Gallery
Unit 3/180 Bannister Road, CANNING VALE WA 6155
Crosby Tiles
46 Hector Road, OSBORNE PARK WA 6017
Ceramic Tiles
10 Gibberd Road, BALCATTA WA 6021
Ceramics International
636 King Edward Road, OSBORNE PARK WA 6017
Trend Ceramics Pty Ltd
98 Hector Street, OSBORNE PARK WA 6017
Federation Tile Factory
1 Thorley Street, OSBORNE PARK WA 6017
Interceramics
357 Oxford Street, LEEDERVILLE WA 6007
Lucy Simich
52 Hector Street, OSBORNE PARK WA 6017
European Ceramics
18 Hector Street, OSBORNE PARK WA 6017
Myaree Ceramics
91 Norma Road, MYAREE WA 6154
Fremantle Tile Gallery
289 Stock Road, O'CONNOR WA 6163
O'Meara's
28 Sundercombe Street, O'CONNOR WA 6163
Imported Ceramics
59 Fitzgerald Street, NORTH PERTH WA 6006
Craft Decor
1448 Albany Highway, CANNINGTON WA 6107
House of Ceramics
267 Scarborough Beach Road, MT HAWTHORN WA 6016
DELETE SCHEDULE
SCHEDULE D – RESERVED LIST
1.Reserved Employers
Whitford City Glass
27 Buckingham Drive, WANGARA WA 6065
Joondalup Glass & Glazing
27 Buckingham Drive, WANGARA WA 6065
Armadale Glass & Mirrors
253 Railway Avenue, KELMSCOTT WA 6111
Action Glass & Aluminium
83 Crocker Drive, MALAGA WA 6062
Alpha Armour
3-5 Zanni Street, CANNING VALE WA 6155
Alpha Marine
3-5 Zanni Street, CANNING VALE WA 6155
Nu-look Glass & Aluminium Windows
62 McCoy Street, MYAREE WA 6154
Direct Glass & Aluminium2/11 Macadam Place, BALCATTA WA 6021
Double Glazing Australasia
6 Chalkley Place, BAYSWATER WA 6053
Glass Services Pty Ltd
82 Belmont Avenue, BELMONT WA 6104
Diamond Glass
2/24 Irvane Drive, MALAGA WA 6062
Glass Products WA
Cnr Albany Highway and George Way, CANNINGTON WA 6107
Independant Glass & Glazing Pty Ltd
3/164 Abernethy Road, BELMONT WA 6104
Morley Glass & Aluminium
49 Bassendean Road, BAYSWATER WA 6053
Glazewell
Unit 1, 2 & 10/15 Dellamarta Road, WANGARA WA 6065
Altona Industries
6A Baratta Road, WANGARA WA 6065
Jason Signmakers
54-58 Kurnall Road, WELSHPOOL WA 6106
Bernini Stone & Tiles
181 Hay Street, SUBIACO WA 6008
Coates Hire
18 Wheeler Street, BELMONT WA 6104
Cockburn Hire
6 Hargraves Street, BELMONT WA 6104
Ascot Sign & Display
14 Rio Street, BAYSWATER WA 6053
Coca-Cola Bottlers (Perth) Pty Ltd
19-21 Milne Road, KEWDALE WA 6105
Big W Discount Stores
Karrinyup Shopping Centre, Karrinyup Road, KARRINYUP WA 6018
2. The Naming of Respondents under the heading of Estate Developers in Schedule B
DATED at Perth this 19th day of December, 1968.
DELETE SCHEDULE
REVIEW OF BUILDING TRADES (CONSTRUCTION) AWARD 1987 AND BUILDING TRADES AWARD 1968 SCOPE CLAUSES PURSUANT TO S 37D OF THE INDUSTRIAL RELATIONS ACT 1979 (WA)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
CITATION : 2024 WAIRC 01022
CORAM |
: COMMISSION IN COURT SESSION Senior Commissioner R Cosentino Commissioner T EmmanueL COMMISSIONER TSANG |
HEARD |
: |
Tuesday, 10 December 2024 |
DELIVERED : WEDNESday, 11 December 2024
FILE NO. : CICS 11 OF 2022 AND CICS 23 OF 2022
BETWEEN |
: |
Commission’s Own Motion |
Applicant
AND
(Not applicable)
Respondent
CatchWords : Industrial Law (WA) – Commission’s Own Motion – The Building Trades (Construction) Award 1987 – The Building Trades Award 1968 – s 37D of the Industrial Relations Act 1979 (WA) – Variations to the scope clause of a private sector award – Reference to on-site building and construction industry – Donovan clause replaced in Building Trades Award 1968 – New classification for tradesperson with apprenticeship in concreting – Deletion of prohibition of junior employees clause in Building Trades (Construction) Award 1987 – Award scope provisions varied
Legislation : Building Services (Registration) Act 2011 (WA)
Industrial Relations Act 1979 (WA)
Result : Awards varied
Representation:
Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations
Mr Thomas Meagher on behalf of the Construction, Forestry, Mining and Energy Union of Workers
Mr M Gale on behalf of the Master Painters & Decorators Australia
Case(s) referred to in reasons:
Commission’s Own Motion v (Not applicable) [2023] WAIRC 00801; (2023) 103 WAIG 1752
R.J. Donovan and Associates Pty Ltd v Federated Clerks Unions of Australia Industrial Union of Workers, W.A. Branch (1977) 57 WAIG 1317
The Construction, Mining and Energy Workers’ Union of Western Australia, Western Australian Branch v Adsigns Pty Ltd and Others (1990) 70 WAIG 2661
Reasons for Decision
1 In reasons for decision concerning the review of the Restaurant, Tearoom and Catering Workers’ Award scope clause under s 37D of the Industrial Relations Act 1979 (WA), the Commission in Court Session set out the process for identifying awards suitable for a scope review, and for reviewing that award’s scope: Commission’s Own Motion v (Not applicable) [2023] WAIRC 00801; (2023) 103 WAIG 1752 (CICS 5 Reasons). It also set out the reasons for and intention behind the scope variations which were made to that award.
2 The Building Trades (Construction) Award 1987 and the Building Trades Award 1968 (jointly, the Building Trades Awards) were other awards identified as suitable for scope review, as a result of the process described in the CICS 5 Reasons. One of the purposes of reviewing the scope of these awards was to clarify the delineation between them. The delineation is not easy for a reader to discern, perhaps in part because of the close historical nexus between them.
3 The Commission gave notice of the proposed variations to the Building Trades Awards, and of the opportunity to be heard in relation to them, in the Industrial Gazette and on the Commission’s website. It also gave notice to the Hon. Minister for Industrial Relations, the Construction, Forestry, Mining and Energy Union of Workers (CFMEU), Master Builders Western Australia, the Plumbing and Pipe Trades Employees Union, Master Painters & Decorators Australia, UnionsWA, the Chamber of Commerce and Industry of Western Australia (Inc) and the Australian Resources and Energy Employer Association, formerly known as the Mines and Metals Association.
4 Additionally, notice in relation to the Building Trades (Construction) Award was also given to the Master Plumbers & Gasfitters Association of WA.
5 All of these parties were provided with the opportunity to participate in a joint conference convened by the Commission.
6 Only the Minister, the CFMEU, Master Painters & Decorators Australia and UnionsWA participated in the conference. As a result of those parties’ discussions at and after the conference, they reached a consensus position as to variations to the Building Trades Awards’ scope clauses.
7 The Commission then directed that the following named parties to the Building Trades (Construction) Award be given notice of the consensus variations to that award:
a. the Construction, Forestry, Mining and Energy Union of Workers;
b. Building Trades Association of Unions of Western Australia (Association of Workers);
c. the Plumbers and Gasfitters Employees’ Union of Australia, West Australian Branch, Industrial Union of Workers;
d. The Master Plumbers & Gasfitters Association of WA;
e. City of Belmont;
f. City of Kalgoorlie-Boulder;
g. City of Perth;
h. City of Stirling; and
i. Construction Contractors Association of Western Australia.
8 The Commission directed that the following named parties to the Building Trades Award 1968 be given notice of the consensus variations to that award:
a. the Construction, Forestry, Mining and Energy Union of Workers;
b. the Building Trades Association of Unions of Western Australia (Association of Workers);
c. Master Painters & Decorators Australia;
d. Royal Agricultural Society of WA;
e. WA Trotting Association;
f. WA Turf Club;
g. City of Albany;
h. City of Fremantle;
i. City of Perth;
j. City of Subiaco; and
k. His Majesty’s Theatre.
9 Notices of the proposed variations of the Building Trades Awards were also published in the Industrial Gazette and on the Commission’s website.
10 No individual, organisation or employer has advised the Commission of any opposition to the proposed variations.
Proposed variations
Scope provisions
Building Trades (Construction) Award
11 The Building Trades (Construction) Award’s scope provision currently says:
This award shall apply:
(1) to all employees usually employed on or employed as casual employees on construction work as defined in Clause 7. - Definitions of this award in any of the callings set out in Clause 8. - Rates of Pay of this award and who are employed in the building construction industry; and
(2) to all apprentices usually employed on construction work as defined in Clause 7. - Definitions of this award and taken to any of the trades to which this award relates and who are employed in the building construction industry; and
(3) without affecting the operation of subclauses (1) and (2) hereof, to all employees including apprentices usually employed on or employed as casual employees on construction work as defined in Clause 7. - Definitions of this award in any of the callings (except each and every builders’ labourers classification) set out in Clause 8. - Rates of Pay of this award, who are employed in the construction industry (other than the building construction industry) and whose work if it had been performed on the 27th day of November 1989, was not covered by any other award of the Western Australian Industrial Relations Commission; and
(4) to all employers employing those employees and/or apprentices; and
(5) to all principal contractors and project managers referred to in Clause 30. - Amenities of this award for the purposes only of that clause.
12 The Building Trades (Construction) Award therefore currently applies to tradespersons, builders’ labourers and apprentices working on ‘construction work’ as defined in the construction industry. It also extends to employees working in any of the callings (except each and every builders’ labourer classification) set out in the award, in the construction industry (other than the building construction industry) where that work, if it had been performed on the 27th day of November 1989, was not covered by any other State award.
13 The current provision is not user-friendly. Its drafting reflects historical limitations based on union coverage, and the proliferation of other State awards within the broader construction industry: see for instance The Construction, Mining and Energy Workers’ Union of Western Australia, Western Australian Branch v Adsigns Pty Ltd and Others (1990) 70 WAIG 2661.
14 Accordingly, the proposed variations seek to simplify the scope clause to make it easier to understand and modernise its terminology but maintain the existing coverage.
15 The proposed variations define scope by reference to ‘on-site building and construction industry’ for which there is a new definition.
Building Trades Award 1968
16 The Building Trades Award 1968 has most of the same occupational classifications as the Building Trades (Construction) Award, but applies predominantly to employees who are not working ‘on-site’ such as those working in workshops.
17 The award’s scope provision currently says:
This award shall apply –
(1) (a) Employees in “Schedule B – Common Rule”:
To all employees (including apprentices) employed in a calling or callings set out in Clause 10. – Wages, of this award in the industries carried on by the respondents set out in the schedule attached to this award, and
(b) Employers in “Schedule C – Named Employers Only – No Common Rule”:
To all employees (including apprentices) employed in a calling or callings set out in Clause 10. – Wages, of this award employed only by those named employers.
(2) To all employers employing those employees, but the Award shall not apply –
(a) to an employee covered by the Painters’ (Government Shipping) Award (No. 32A of 1961) as amended or replaced from time to time;
(b) to an employee employed in sandblasting or in painting structural steel work in an establishment of an employer bound by the provisions of the Metal Trades (General) Award 1966 (No. 13 of 1965) as amended or replaced from time to time;
(c) (i) in respect to employers in “Schedule B – Common Rule”:
to an employee employed on work coming within the scope of any award or industrial agreement in force at the date of this award or to an employee whose conditions of employment are regulated by any such award or industrial agreement;
(ii) in respect to employers in “Schedule C – Named Employers Only – No Common Rule”:
to employees employed on work coming within the scope of any award or industrial agreement of the Western Australian Industrial Relations Commission in force as at 6 July 1998 being the date upon which the employers were named as respondents to this Award;
(d) to an employee, not employed by a painting contractor or by a building contractor or not usually employed as a painter under the award, who is employed on work in which only one coat of paint or any other preparation used for preservative purposes is applied;
(e) to an employee who paints petrol or oil containers not exceeding fifty gallons capacity; or
(f) to an employee employed by Di-Met (WA) Pty Ltd in painting or applying protective coating in its workshop, to any plant, machinery, object or structure, not being a building or a part, in situ, of a building.
(g) Notwithstanding the exclusions contained in paragraphs (a) to (f) above and without limiting in any way the operation of those paragraphs, the award shall not apply to work performed by any employee falling within the scope of the following awards and registered industrial agreements:
(i) Pipe, Tile and Pottery Manufacturing Industry Award (No. R 34 of 1978)
(ii) Bristile Clay Tiles Enterprise Agreement 1995 (No. AG 287 of 1995)
(iii) Heat Containment Industries (Refractory Specialties) Award No. 3 of 1981
(iv) Heat Containment Industries Enterprise Agreement 1993 (No. AG 59 of 1993
(v) Cement Tile Manufacturing Award No. 3 of 1966
(vi) Porcelain Workers’ Award, 1970 (No. 1 of 1970)
(vii) Brick Manufacturing Award 1979 (No. R 19 of 1979)
(viii) Metro Brick (Cardup) (Enterprise Bargaining) Agreement 1994 (No. AG 37 of 199
(ix) Metro Brick Armadale (Enterprise Bargaining) Agreement 1994 (No. AG 96 of 1995)
(x) Geraldton Brickworks Pty Ltd Enterprise Agreement 1996 (No. AG 172 of 1996)
(xi) Appendix 4 of the Metal Trade (General) Award 1966 (No. 13 of 1965)
(xii) Furniture Trades Industry Award (No. A 6 of 1984).
18 This scope clause is partly of the type discussed in R.J. Donovan and Associates Pty Ltd v Federated Clerks Unions of Australia Industrial Union of Workers, W.A. Branch (1977) 57 WAIG 1317, sometimes referred to as a Donovan scope clause, with common rule coverage determined by whether an employee is working on one of the industries listed in Schedule B, with an extension to named respondents in Schedule C.
19 This structure leaves the potential for gaps in coverage if an industry is not expressly mentioned. Accordingly, the proposed variations extend the coverage to all industries who employ workers in the occupations covered by the award, unless they are covered by another award. The award’s scope if defined on a purely occupational basis, to ensure it continues to cover all employees and employers currently bound by it, while also extending coverage to other businesses who engage building trades workers. The variations have the effect that the scope is now fully common rule.
20 Most of the current exclusions from scope are retained, except where an award or employer referenced is no longer in existence. A note has been added to the exclusion at cl 3(3)(b) to alert readers to the Building Services (Registration) Act 2011 (WA) and the fact that it regulates the registration of painters in Western Australia based on the value of work undertaken.
Other variations
21 On the CFMEU’s suggestion, an incidental variation to the title of the Building Trades Awards to add reference to ‘labourers’ is made so that the title better reflects the awards’ scope and coverage.
22 There are minor changes to the definition of ‘builders’ labourer’ in the Building Trades Awards to make it easier to understand.
23 A variation has been made to add a classification for tradespersons with an apprenticeship in concreting, which is now a recognised trade. This has been done by adding reference in the Building Trades (Construction) Award to concrete tradespersons in the classification column of clause 8 – Rates of Pay, and in the classification column of clause 10 – Wages in the Building Trades Award 1968.
24 This variation will ensure that employees undertaking an apprenticeship in concreting are covered by the Building Trades Awards, and that trade qualified concreters are classified and paid at tradesperson rates rather than labourer’s rates.
25 Further variations are intended to:
a. provide clarification in relation to labour hire businesses, group training services for apprentices or trainees (and principal contractors and project managers for the purpose of clause 30 of the Building Trades (Construction) Award);
b. expressly state that the Building Trades Awards do not apply to employees who are covered by another State award, or are subject to the national industrial relations system, to ensure that employers are not subject to more than one award simultaneously in relation to an employee;
c. list the awards which apply to the exclusion of the Building Trades Awards; and
d. align clause 4 – Area with the form of words used in other updated State awards.
26 An incidental variation is made to add a provision in clause 8 – Rates of Pay of the Building Trades (Construction) Award and clause 10 – Wages of the Building Trades Award 1968, for trainees’ pay. The new clause of the Building Trades (Construction) Award refers to Schedule D of the national Building and Construction General On-site Award 2022 and the new clause of the Building Trades Award 1968 refers to Schedule E of the national Joinery and Building Trades Award 2020, which each incorporate the national training wage pay rates and conditions.
27 These purposes are common to the rationale and intent of the variations in the CICS 5 Reasons and the CICS 5 Reasons should be referred to for elaboration about the purpose of the variations.
28 Additionally, clause 45 – Prohibition of Junior Employees of the Building Trades (Construction) Award has been deleted in its entirety. It prohibited the employment of junior employees without the consent of the union. Removing the clause ensures that the scope of the award extends to all junior workers.
Conclusion and Order
29 The Commission orders that:
1. the Building Trades (Construction) Award 1987 be amended in accordance with the Schedule 1 attached to these reasons, with such variations to take effect from the date of the Commission’s order;
2. the Building Trades Award 1968 be amended in accordance with the Schedule 2 attached to these reasons, with such variations to take effect from the date of the Commission’s order.
Schedule 1
Current Award |
Proposed variations |
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1. - TITLE
This award shall be known as the "Building Trades (Construction) Award 1987",and shall replace Award No. 14A of 1975, as amended and the Building Trades (Construction) Award 1977, Nos. 24 of 1976 and 14 of 1975, as amended.
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1. – TITLE
This award shall be known as the “Building Trades and Labourers (Construction) Award”. |
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3. - SCOPE
This award shall apply:
(1) to all employees usually employed on or employed as casual employees on construction work as defined in Clause 7. - Definitions of this award in any of the callings set out in Clause 8. - Rates of Pay of this award and who are employed in the building construction industry; and
(2) to all apprentices usually employed on construction work as defined in Clause 7. - Definitions of this award and taken to any of the trades to which this award relates and who are employed in the building construction industry; and
(3) without affecting the operation of subclauses (1) and (2) hereof, to all employees including apprentices usually employed on or employed as casual employees on construction work as defined in Clause 7. - Definitions of this award in any of the callings (except each and every builders' labourers classification) set out in Clause 8. - Rates of Pay of this award, who are employed in the construction industry (other than the building construction industry) and whose work if it had been performed on the 27th day of November 1989, was not covered by any other award of the Western Australian Industrial Relations Commission; and
(4) to all employers employing those employees and/or apprentices; and
(5) to all principal contractors and project managers referred to in Clause 30. - Amenities of this award for the purposes only of that clause.
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3. – SCOPE
(1) This award applies to employees working in the “on-site building and construction industry” (as defined) in any classification mentioned in this award and to all employers employing those employees.
(2) This award also applies to:
(a) Employers that supply labour on an on-hire basis to host employers in the on-site building and construction industry in respect of on-hire employees employed in any classification mentioned in this award, and those on-hire employees, while engaged in the performance of work covered by this award;
(b) Employers that provide group training services for apprentices and/or trainees in the on-site building and construction industry in respect of apprentices and/or trainees working in one or more of the classifications mentioned in this award, and those apprentices and trainees, while engaged by a host employer in the performance of work covered by this award; and
(c) Principal contractors and project managers referred to in Clause 30. – Amenities of this award (for the purposes only of that clause).
(3) This award does not apply to:
(a) Employers and employees who are subject to the national industrial relations system;
(b) Employees who are covered by another State award, including the:
(i) Australian Workers Union Road Maintenance, Marking and Traffic Management Award 2002;
(ii) Building Trades and Labourers (General) Award;
(iii) Building Trades (Government) Award 1968;
(iv) Foreman (Building Trades) Award 1991;
(v) Industrial Spraypainting and Sandblasting Award;
(vi) Earth Moving and Construction Award;
(vii) Engine Drivers’ (General) Award;
(viii) Metal Trades (General) Award |
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4. - AREA
This award shall operate throughout the State of Western Australia
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4. – AREA
(1) This award has effect throughout Western Australia.
(2) This award also has effect with respect to employers who are connected to the State of Western Australia and their employees while performing work covered by this award.
Note: For a non-exhaustive list of indicators of when an employer may be connected to the State of Western Australia, see section 3(2) of the Industrial Relations Act 1979 (WA). Indicators include, but are not limited to, whether the employer is:
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7(1)(a)(iv). - DEFINITION
(1) Builders' Labouring
(a) "Builders' Labourer" means an employee engaged -
…
(iv) in general labouring not provided for herein provided that such work had it been performed on 23 September 1997 was not at that date covered by any other award of the Western Australian Industrial Relations Commission.
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7(1)(a)(iv). – DEFINITION
(1) Builders’ Labouring
(a) “Builders’ Labourer” means an employee engaged –
…
(iv) in general labouring not provided for herein.
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7(1)(3) – DEFINITION
(3) "Construction Work" means –
(a) all work "on-site" in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or other structures of any kind whatsoever; or
(b) all work which the union and the employer concerned agree is construction work but only if the agreement is approved by the Board of Reference; Or
(c) all work which, in default of an agreement as aforesaid, is declared by the Board of Reference to be construction work.
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7(1)(3) – DEFINITION
(3) the “on-site building and construction industry” means:
(a) the construction, alteration, extension, restoration, repair, demolition or dismantling of buildings, structures or works that form, or are to form, part of land, whether or not the buildings, structures or works are permanent, and maintenance undertaken by employees of such buildings, structures or works;
(b) the installation in any building, structure or works of fittings and services;
(c) other construction work not mentioned in part (a) or (b) of this subclause.
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ADD NEW CLAUSE 7(15) - DEFINITION
(15) “On-hire” means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
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CLASSIFICATION COLUMN 8(2)(a)(i). - RATES OF PAY
(2) Weekly Rate: The following amounts shall be applied for the purpose of the calculation in subclause (4) of this clause of the hourly rate to apply under this Award.
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CLASSIFICATION COLUMN 8(2)(a)(i). – RATES OF PAY
(2) Weekly Rate: The following amounts shall be applied for the purpose of the calculation in subclause (4) of this clause of the hourly rate to apply under this Award.
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ADD NEW SUBCLAUSE 8(17) RATES OF PAY
(17) Trainees
The minimum rates of pay and conditions of employment applicable to trainees will be those set out in Schedule D - National Training Wage of the Building and Construction General On-site Award 2020 as amended from time to time. Provided that any reference to “this award” in Schedule D to the Building and Construction General On-site Award 2020 is to be read as referring to the Building Trades and Labourers (Construction) Award.
Note: The Building and Construction General On-site Award 2020 is a modern award that applies to employers and employees in the national industrial relations system. The rates of pay for trainees are usually adjusted from 1 July each year.
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45. - PROHIBITION OF JUNIOR EMPLOYEES
(1) Except as provided in subclauses (2)-(9) inclusive hereof, the employment of junior employees (except apprentices) on any work which, if performed by an adult employee, would be subject to the provisions of this award is prohibited unless the consent of the union is in each case first obtained. If any junior employee (except an apprentice) is so employed such employee shall be paid not less than the rate of pay of an adult performing similar work.
(2) A junior employee employed on work for which an apprenticeship is provided for in this award and who is not registered as a probationer pursuant to regulation 6 of the Industrial Training Act Regulations, shall be paid not less than the wage prescribed in Clause 8 of this award for an adult employee performing similar work.
(3) Junior employees may be employed as roof tile fixers in the proportion of 2 juniors to 1 adult employee.
(4) (a) A junior employee employed as a roof tile fixer shall, upon attaining the age of 20 years, be classed as an improver and be paid as such, provided that the time worked prior to his 20th birthday shall be counted as time worked as an improver.
(b) Notwithstanding subclause (a) hereof, after 3 years service a junior employee may request a trade test and if he passes shall receive full adult rates.
(5) An employee commencing in the industry after his 20th birthday shall be classed as an improver and shall be paid as provided in subclause (7) hereof, provided that after 2 years service an improver may request a trade test and if he passes shall receive full adult rates.
(6) (a) The ordinary rates of pay to be paid to junior employees shall be in accordance with the percentages set out below applied to the sum of the tradesperson's weekly rate set out in Clause 8(2)(a) and the appropriate special allowance prescribed in 8(5).
(b) Industry Allowance
Where a junior employee works in circumstances which would entitle a tradesperson to the industry allowance prescribed in Clause 8(3) the following extra rates, expressed as a percentage of that industry allowance, shall be paid.
(7) The ordinary rates of pay to be paid to improvers shall be in accordance with the percentages set out below applied to the sum of the tradesperson's weekly rate set out in Clause 8(2)(a) - Rates of Pay and the appropriate special allowance set out in Clause 8(5).
(8) Where an improver works in circumstances which would entitle a tradesperson to the industry allowance prescribed in Clause 8(3) the following extra rates, expressed as a percentage of that industry allowance shall be paid.
(9) A tool allowance of one-third of the amount payable to a tradesperson shall be paid to a junior employee or improver in that trade of his first year of service and of two-thirds of that amount in his second year of service and of the same amount as is payable to a tradesperson in the remaining period of his service as a junior employee or improver.
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DELETE CLAUSE 45. |
Schedule 2
Current Award |
Proposed variations |
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1. - TITLE
This award shall be known as the "Building Trades Award 1968" and it shall replace Award No. 24 of 1958 as amended, Award No. 1 of 1965 and Award No. 30 of 1965.
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1. – TITLE
This award is known as the “Building Trades and Labourers (General) Award”. |
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3. - SCOPE
This award shall apply -
(1) (a) Employees in “Schedule B – Common Rule”:
To all employees (including apprentices) employed in a calling or callings set out in Clause 10. – Wages, of this award in the industries carried on by the respondents set out in the schedule attached to this award, and
(b) Employers in “Schedule C – Named Employers Only – No Common Rule”:
To all employees (including apprentices) employed in a calling or callings set out in Clause 10. – Wages, of this award employed only by those named employers.
(2) To all employers employing those employees, but the Award shall not apply -
(a) to an employee covered by the Painters' (Government Shipping) Award (No. 32A of 1961) as amended or replaced from time to time;
(b) to an employee employed in sandblasting or in painting structural steel work in an establishment of an employer bound by the provisions of the Metal Trades (General) Award 1966 (No. 13 of 1965) as amended or replaced from time to time;
(c) (i) in respect to employers in “Schedule B – Common Rule”:
to an employee employed on work coming within the scope of any award or industrial agreement in force at the date of this award or to an employee whose conditions of employment are regulated by any such award or industrial agreement;
(ii) in respect to employers in “Schedule C – Named Employers Only – No Common Rule”:
to employees employed on work coming within the scope of any award or industrial agreement of the Western Australian Industrial Relations Commission in force as at 6 July 1998 being the date upon which the employers were named as respondents to this Award;
(d) to an employee, not employed by a painting contractor or by a building contractor or not usually employed as a painter under the award, who is employed on work in which only one coat of paint or any other preparation used for preservative purposes is applied;
(e) to an employee who paints petrol or oil containers not exceeding fifty gallons capacity; or
(f) to an employee employed by Di-Met (WA) Pty Ltd in painting or applying protective coating in its workshop, to any plant, machinery, object or structure, not being a building or a part, in situ, of a building.
(g) Notwithstanding the exclusions contained in paragraphs (a) to (f) above and without limiting in any way the operation of those paragraphs, the award shall not apply to work performed by any employee falling within the scope of the following awards and registered industrial agreements:
(i) Pipe, Tile and Pottery Manufacturing Industry Award (No. R 34 of 1978)
(ii) Bristile Clay Tiles Enterprise Agreement 1995 (No. AG 287 of 1995)
(iii) Heat Containment Industries (Refractory Specialties) Award No. 3 of 1981
(iv) Heat Containment Industries Enterprise Agreement 1993 (No. AG 59 of 1993
(v) Cement Tile Manufacturing Award No. 3 of 1966
(vi) Porcelain Workers’ Award, 1970 (No. 1 of 1970)
(vii) Brick Manufacturing Award 1979 (No. R 19 of 1979)
(viii) Metro Brick (Cardup) (Enterprise Bargaining) Agreement 1994 (No. AG 37 of 199
(ix) Metro Brick Armadale (Enterprise Bargaining) Agreement 1994 (No. AG 96 of 1995)
(x) Geraldton Brickworks Pty Ltd Enterprise Agreement 1996 (No. AG 172 of 1996)
(xi) Appendix 4 of the Metal Trade (General) Award 1966 (No. 13 of 1965)
(xii) Furniture Trades Industry Award (No. A 6 of 1984).
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3. – SCOPE
(1) This award applies to:
(a) All employees employed in any classification mentioned in Clause 10. – Wages and Clause 16. – Apprentices of this award, except where that work is covered by another State award containing a classification which is more appropriate to the work performed by the employee; and
(b) Employers of employees mentioned in subclause (a).
(2) This award also applies to:
(a) Employers that supply labour on an on-hire basis to host employers in respect of on-hire employees employed in any classification mentioned in this award, and those on-hire employees, while engaged in the performance of work covered by this award; and
(b) Employers that provide group training services for apprentices and/or trainees in respect of apprentices and/or trainees working in one or more of the classifications mentioned in this award, and those apprentices and trainees, while engaged by a host employer in the performance of work covered by this award.
(3) This award does not apply to:
(a) Employers and employees who are subject to the national industrial relations system;
(b) Employees, not employed by a painting contractor or by a building contractor or not usually employed as a painter under the award, who are employed on work in which only one coat of paint or any other preparation used for preservative purposes is applied;
Note: The Building Services (Registration) Act 2011 regulates the registration of painters in Western Australia based on the value of the work undertaken.
(c) Employees who paint petrol or oil containers not exceeding fifty gallons (227 litres) capacity;
(d) Employees employed in sandblasting or painting structural steel work in an establishment of an employer bound by the provisions of the Metal Trades General Award;
(e) Employees who are covered by another State award, including the:
(i) Pipe, Tile and Pottery Manufacturing Industry Award
(ii) Furniture Trades Industry Award
(iii) Building Trades and Labourers (Construction) Award
(iv) Building Trades (Government) Award 1968
(v) Brick Manufacturing Award 1979
(vi) Industrial Spraypainting and Sandblasting Award
(vii) Monumental Masonry Industry Award, 1989 |
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4. - AREA
This award shall operate throughout the State of Western Australia.
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4. – AREA
(1) This award has effect throughout Western Australia.
(2) This award also has effect with respect to employers who are connected to the State of Western Australia and their employees while performing work covered by this award.
Note: For a non-exhaustive list of indicators of when an employer may be connected to the State of Western Australia, see section 3(2) of the Industrial Relations Act 1979 (WA). Indicators include, but are not limited to, whether the employer is:
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6(3)(a)(iv). - DEFINITION
(3) Builders Labouring:
(a) "Builders Labourer" means a worker engaged -
…
(iv) in general labouring (excluding production and processing) not provided for herein. Provided that such work is covered by the Constitution Rule of the WABLPPU and had such work been performed on 6/2/2001, was not at that date covered by any other award of the Western Australian Industrial Relations Commission.
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6(3)(a)(iv). – DEFINITION
(3) Builders Labouring:
(a) “Builders Labourer” means a worker engaged –
…
(iv) in general labouring (excluding production and processing) not provided for herein.
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INSERT NEW 6(10) – DEFINITION
(10) “On-hire” means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
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CLASSIFICATION COLUMN CLAUSE 10(1)(a)(i). - WAGES
The rates of wages payable to the employees covered by the award (other than duly registered apprentices) shall be as follows:
(1) Base Rate and Supplementary Payment (per week)
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CLASSIFICATION COLUMN CLAUSE 10(1)(a)(i). – WAGES
The rates of wages payable to the employees covered by the award (other than duly registered apprentices) shall be as follows:
(1) Base Rate and Supplementary Payment (per week)
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10(7) – WAGES
(7) (a) Junior employees may be employed in the classification of Joiner - Assembler A but in no other classification and shall be paid the following percentages of the base rate and special payment applicable to that classification:
(b) In addition to the above rates a junior employee shall be paid the tool allowance specified in subclause (3) hereof if required by the employer to supply tools.
(c) This subclause shall not operate to reduce the wages of any employee who is paid more than the rate prescribed herein for such employee nor shall the same permit the reduction of any such wages.
(d) Junior employees employed in the classification of Joiner - Assembler A may perform any of the duties of a Joiner - Assembler A and/or Joiner - Assembler B as defined in Clause 6. - Definitions and shall not perform work ordinarily carried out by any other classification of employee covered by this award.
(e) Junior employees shall be employed at a ratio of one junior employee to each five adult employees or part thereof.
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10(7) - WAGES
(7) The minimum rates of pay and conditions of employment applicable to trainees will be those set out in Schedule E – National Training Wage of the Joinery and Building Trades Award 2020 as amended from time to time. Provided that any reference to “this award” in Schedule E to the Joinery and Building Trades Award 2020 is to be read as referring to the Building Trades and Labourers (General) Award.
Note: The Joinery and Building Trades Award 2020 is a modern award that applies to employers and employees in the national industrial relations system. The rates of pay for trainees are usually adjusted from 1 July each year. |
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SCHEDULE B – COMMON RULE
Aerated Water Manufacturers
Crystal Softdrinks Clune Street, BAYSWATER WA 6053
Agricultural Societies
Royal Agricultural Society of WA Royal Showgrounds, CLAREMONT WA 6010
Aluminium Pre-fabrication
Jason Industries Walsh's Glass Pty Ltd 200 Bannister Road, CANNING VALE WA 6155
Copral Aluminium 8-10 Bradford Street, KEWDALE WA 6105
Avanti Glass 24 Port Kembla Drive, BIBRA LAKE WA 6163
Frontline Aluminium Windows 21 Wellard Street, BIBRA LAKE WA 6163
Breweries
Swan Brewery Co. Pty Ltd 25 Baile Road, CANNING VALE WA 6155
Brick Manufacturers
Cardup Metro Bricks Pty Ltd Kiln Road, BYFORD WA 6201
Caterers
Fisher Catering Services Suite 23-25 Walters Drive, OSBORNE PARK WA 6017
P & O Catering Services 243 Beaufort Street, PERTH WA 6000
Ceiling Board Manufacturers
CSR Building Materials 21 Sheffield Road, WELSHPOOL WA 6106
Brady’s Building Products 18 Railway Parade, BAYSWATER WA 6053
Cement Manufacturers
Swan Portland Cement Ltd 175 Burswood Road, BURSWOOD WA 6100
Private Colleges
Wesley College 40 Coode Street, SOUTH PERTH WA 6151
Christ Church Grammar School (Inc) Queenslea Drive, CLAREMONT WA 6010
Methodist Ladies College 365 Stirling Highway, CLAREMONT WA 6010
Confectionary Manufacturers
Blackpool Rock Candies 16 Keegan Street, O'CONNOR WA 6163
Fresh Food Industries 10 Knock Place, JANDAK0T WA 6164
Perth Candy 3/50 Howe Street, OSBORNE PARK WA 6017
Concrete Tank Builders
AAA Tiger Concrete Tanks Pty Ltd Lot 101 Byron Road, ARMADALE WA 6112
Amalgamated Concrete Tanks Pty Ltd 16 Little John Road, ARMADALE WA 6112
Dairy Produce Processors
Peters & Brownes Group 22 Geddes Street, BALCATTA WA 6021
Brownes Dairy Ltd 299 Charles Street, NORTH PERTH WA 6006
Fonti Dairy Foods Pty Ltd 27 Howe Street, OSBORNE PARK WA 6017
Earth Moving Contractors,
Thiess Contractors Pty Ltd 256 St George's Terrace, PERTH WA 6000
Western National Earthmoving Corporation Pty Ltd Unit 7, 15-21 Collier Road, MORLEY WA 6062
Fertiliser Manufacturers
Pivot Agriculture Ltd 10 Fargo Way, WELSHPOOL WA 6106
Organic 2000 59 Safari Place, WANNEROO WA 6065
Fish Processors
Kailis Bros 23 Catalano Road, CANNING VALE WA 6155
Del Pty Ltd 55 Armadale Crescent, COOLBINIA WA 6050
Horse Racing Associations
WA Trotting Association Nelson Crescent, EAST PERTH WA 6004
WA Turf Club 70 Grandstand Road, BELMONT WA 6104
Hotels
Sheraton Hotel 207 Adelaide Terrace, PERTH WA 6000
Hyatt Hotel 99 Adelaide Terrace, PERTH WA 6000
The Vines Resort Verdelho Drive, THE VINES WA 6069
The Lord Forrest Hotel Symmons Street, BUNBURY WA 6230
House Repairers & Renovators
Apex Construction & Maintenance Pty Ltd 10 Cleaver Street, WEST PERTH WA 6005
McAlister & McAlister Pty Ltd 17 Pearson Way, OSBORNE PARK WA 6017
Industrial Gas Manufacturers
Air Liquide WA Pty Ltd 276 Leach Highway, MYAREE WA 6154
Oxair Australia Pty Ltd 355 Victoria Road, MALAGA WA 6062
Insulation Materials Manufacturers
Australian Fibre Glass Pty Ltd 12 Dobra Road, YANGEBUP WA 6164
Thermacon 88 Insulation 23 Faulkner Avenue, BELMONT WA 6104
Total Wool Insulation 29 Welshpool Road, WELSHPOOL WA 6106
Bellis Australia Pty Ltd 16 Keegan Place, O'CONNOR WA 6163
Insurance Companies
AMP 140 St George's Terrace, PERTH WA 6000
Prudential Corporation Australia Ltd 76 Kings Park Road, WEST PERTH WA 6005
Joinery Manufacturers
Canning Joinery & Cabinet Manufacturers 22-24 Faulkner Avenue, BELMONT WA 6104
Mapp Bros Pty Ltd 56 Edward Street, OSBORNE PARK WA 6017
Newmarket Joinery 11 Rockingham Road, HAMILTON HILL WA 6163
Del Riccio N & Son 16 John Street, BAYSWATER WA 6063
Kewdale Joiners Pty Ltd 34 Stanhope Gardens, MIDVALE WA 6056
Local Government Authorities
Albany Council Mercer Road, ALBANY WA 6330
Fremantle City Council 8 William Street, FREMANTLE WA 6160
Perth City Council 141 St George's Terrace, PERTH WA 6000
Subiaco City Council 241 Rokeby Road, SUBIACO WA 6008
Meat Exporters & Frozen Food Storers
Australasian Country Fresh Meat Exporters Pty Ltd 9/17 Boag Place, MORLEY WA 6062
Floreat Meat Exporters Pty Ltd 17 McLaren Street, SOUTH FREMANTLE WA 6162
Harvey Meat Exporters Seventh Street, HARVEY WA 6220
Motor Vehicle Distributors
Scarboro Toyota 297 Scarborough Beach Road, OSBORNE PARK WA 6017
City Motors 505 Newcastle Street, PERTH WA 6000
Neon Sign Manufacturers
Rainbow Neon Signs 178 Colin Place, WEST PERTH WA 6005
Claude Neon (Aust) Pty Ltd 1/30 Walters Drive, OSBOR.NE PARK WA 6017
Petrol & Oil Distributors
Ampol Petroleum Pty Ltd 220 St George's Terrace, PERTH WA 6000
Amgas Pty Ltd 178 St George's Terrace, PERTH WA 6000
BP Oil 543 Abernethy Road, KEWDALE WA 6105
Plastic Fabricators
Acrifab Display Products 101 Albany Highway, VICTORIA PARK WA 6100
Plastic Fabricators & Welders Unit 5/40 Oxleigh Drive, MALAGA WA 6062
BCJ Plastic Products Unit 4/96 Hector Street, VICTORIA PARK WA 6100
Poultry Processors
Aussie Chicken Unit 6, 11 Vale Road, MALAGA WA 6062
Bohemia Food Distributors Pty Ltd 71 Howe Street, OSBORNE PARK WA 6017
Retail & Wholesale Distributors
Aherns 622 Hay Street, PERTH WA 6000
Roofing Contractors
The Federation Roofing Co. (WA) 19a Guildford Road, MT LAWLEY WA 6050
Bower Roof Plumbing 79 Essex Street, WEMBLEY WA 6014
Ship Builders & Repairers
Austal Ships Pty Ltd 100 Clarence Ceach Road, HENDERSON WA 6166
Fremantle Shipwriting Co. WA Pty Ltd 8 Slip Street, FREMANTLE WA 6160
Key Engineering 41 Wood Street, FREMANTLE WA 6160
Sail Power Marine Chandlery 23 Carrington Street, NEDLANDS WA 6009
Shop Fronts & Office Fitting Manufacture
Associated Shop Fitters Pty Ltd 395 Victoria Street, MALAGA WA 6162
Dakota Interiors 23 Ruse Street, OSBORNE PARK WA 6017
Co-ordinated Shop & Office Fit-outs Unit 8/11 Milford Street, EAST VICTORIA PARK WA 6101
Ivo Industries Cabinet Makers Unit 8/42 Collingwood Road, OSBORNE PARK WA 6017
Focus Shopfitters Pty Ltd 139 Winton Road, JOONDALUP WA 6027
K & R Jennings Unit 5/42 Prendiville Drive, WANGARA WA 6065
Architectural Shopfitters 5 Paddington Road, BAYSWATER WA 6053
Lane Industries Pty Ltd 20 Thurso Road, MYAREE WA 6154
Small Goods Manufacturers
Watsonia 71 High Street, FREMANTLE WA 6160
Roediger Bros Pty Ltd 182 Fitzgerald Street, NORTHAM WA 6401
Swimming Pool Manufacturers & Equipment Suppliers
Southside Pool ServiceUnit 6, Cnr South Street & Bannister Road, CANNING VALE WA 6155
Pool Doctor
25 Peregrine Drive, KINGSLEY WA 6026
Buccaneer Pools & Spas 28 Belmont Avenue, BELMONT WA 6104
Aqua Technics 10 Ferguson Street, KEWDALE WA 6105
Freedom Pools 63 Winton Road, SOUTH JOONDALUP WA 6027
Textile Manufacturers
Birkmyre Pty Ltd 16 Murchison Terrace, EAST PERTH WA 6004
Grange Jaquard Pty Ltd Unit 1, 73 Holder Way, MALAGA WA 6062
Ace Cinemas Pty Ltd
1002 Hay Street, PERTH WA 6000
Greater Union Organisation Liege Street, INNALOO WA 6017
His Majesty's Theatre 825 Hay Street, PERTH WA 6000
Hoyts Cinemas Ltd 580 Hay Street, PERTH WA 6000
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SCHEDULE C – NAMED EMPLOYERS ONLY – NO COMMON RULE
Glass Cutting & Fitting
All Style Glass and Aluminium Unit 5, 40 Prendiville Drive, WANGARA WA 6065
Glass Repairs Unit 5, 40 Prendiville Drive, WANGARA WA 6065
Action Glass & Aluminium 83 Crocker Drive, MALAGA WA 6062
Modern Glass 1 Gary Road, MADDINGTON WA 6109
Peters Glazing Service
12 Haller Road, BALCATTA WA 6021
Tudor Glass & Glazing Unit 2, 31 Yampi Way, WILLETON WA 6155
Better Glass Co. 399 Sevenoaks Street, CANNINGTON WA 6107
Clearview Glass & Aluminium 18 Ilumba Way, NOLLAMARA WA 6061
Cooling Bros Glass Co Pty Ltd 170 Oxford Street, LEEDERVILLE WA 6007
Mr Glass Repairs 10 Petrel Court, HUNTINGDALE WA 6110
M & S Glass & Shower Screens Unit 2, 1919 Beach Road, MALAGA WA 6062
Mt Lawley Glass 1070 Beaufort Street, BEDFORD WA 6052
Aardvark Holdings WA Unit 8/211 Bannister Road, CANNING VALE WA 6155
Pilkington Victor Glass 79 McCoy Street, MYAREE WA 6154
Walsh's Glass 200 Bannister Road, CANNING VALE WA 6155
Accord Glass 52 Peel Road , O'CONNOR WA 6163
All Aussie Aluminium & Glass 345 Belmont Avenue, BELMONT WA 6104
All Suburbs Glass & Glazing Unit 2, 201 Carr Place, LEEDERVILLE WA 6007
Allied Glass Pty Ltd 47 Duxon Road, ROCKINGHAM WA 6168
Avanti Glass 24 Port Kembla Drive, BIBRA LAKE WA 6163
Williams Glass & Glazing Unit 5, 7 Cusack Road, MALAGA WA 6062
Balcatta Glass & Glazing 58 Erindale Road, BALCATTA WA 6021
Glass Doctor 882 Albany Highway, EAST VICTORIA PARK WA 6101
Benora Glass & Aluminium Unit 7, 87 Erindale Road, BALCATTA WA 6021
Glazewell Unit 1/2/10,15 Dellamarta Road, WANGARA WA 6065
Glass Service 82 Belmont Avenue, BELMONT WA 6104
Bentley Glass Unit 4, 27 Sevenoaks Street, BENTLEY WA 6102
Buckingham Glass Shop 7, Cnr Railway Avenue & Gillam Drive, KELMSCOTT WA 6111
Carousel Glass & Glazing Service 1A Gary Road, MADDINGTON WA 6109
Centurion Glass Unit 6, 11 Townsend Street, MALAGA WA 6062
Classic Glass 4/24 Poletti Road, JANDAKOT WA 6164
Concept Glass
Unit 5, 39 Delawney Street, BALCATTA WA 6021
Davey Glass 404/396 Scarborough Beach Road, OSBORNE PARK WA 6017
Design Glass Pty Ltd 367 Sevenoaks Street, CANNINGTON WA 6107
Quality Glass & Maintenance 772 Beaufort Street, MT LAWLEY WA 6050
Speedy Glass 106 Norma Road, MYAREE WA 6154
Dial-A-Glass Unit 2, 6 Ismail Street, WANGARA WA 6065
Don Mok Glass & Aluminium Windows Unit 7, 16 Vale Street, MALAGA WA 6062
Doubleview Glass 253 Scarborough Beach Road, OSBORNE PARK WA 6017
Freeway Screens & Windows 2 Ledgar Road, BALCATTA WA 6021
Fremantle Glass Pty Ltd 149 South Terrace, FREMANTLE WA 6160
General Glass Unit 4, 123 Burslem Drive, MADDINGTON WA 6109
Stirling Glass & Aluminium 19 O'Malley Street, OSBORNE PARK WA 6017
Kelmac Glass 73 Forsyth Street, O'CONNIOR WA 6163
K.T.S. Glass & Glazing Unit 4, 91 Champion Drive, KELMSCOTT WA 6111
Maida Glass Unit 4, 27 Sevenoaks Street, BENTLEY WA 6102
Midland Glass 173 Great Eastern Highway, MIDLAND WA 6056
Modern Glass 376 Scarborough Beach Road, OSBORNE PARK WA 6017
Premier Glass & Mirrors 198 Star Street, WELSHPOOL WA 6106
Prompt Glass Unit 8, 211 Bannister Road, CANNING VALE WA 6155
Showerama Unit 2, 11 Yampi Way, WILLETTON WA 6155
Uniglaze 4 Gordon Road (West), OSBORNE PARK WA 6017
Vic's Glass & Maintenance Service Pty Ltd 399 Sevenoaks Street, CANNINGTON WA 6107
Lakeside Glass Unit 10/7 Delage Street, JOONDALUP WA 6027
Port Glass & Glazing Service 24 Mullings Way, MYAREE WA 6154
Recycled Glass Unit 4, 27 Sevenoaks Street, BENTLEY WA 6102
Machinery Hire Companies
AAA Spot On Hire Services 69 Norma Road, MYAREE WA 6154
Belmont Hire 149 Francisco Street, BELMONT WA 6104
Bayswater Builders Hire Pty Ltd 239 Gnangara Road, WANGARA WA 6065
Bees Hire & Sales Kenwick 1726 Albany Highway, KENWICK WA 6107
Lees Hire 36 Railway Road, SUBIACO WA 6008
Crommelins Handyman Hire & Sales 139 Welshpool Road, WELSHPOOL WA 6106
Wreckair Hire 140 Welshpool Road, WELSHPOOL WA 6106
Malaga Handy Hire 6 Carson Road, MALAGA WA 6062
Hire-all & Sales 3 Winton Road, JOONDALUP WA 6027
Smart Hire & Sales Cnr Bulwer & Fitzgerald Street, PERTH WA 6000
Signwriting
A Sign Company 16 Vahland Avenue, RIVERTON WA 6148
Alphabetter Computer Cutting Services 10 Drake Street, OSBORNE PARK WA 6017
Anderson's Signs 22/1 Baden Street, OSBORNE PARK WA 6017
Authentic Signs Pty Ltd 11 Anvill Way, WELSHPOOL WA 6106
Artform 23 Buckingham Drive, WANGARA WA 6065
Total Sign Co Unit 2 & 3, 194 Balcatta Road, BALCATTA WA 6021
Norfolk Signs 7 Sackville Terrace, SCARBOROUGH WA 6019
Bullet Signs Shop 11/443 Albany Highway, VICTORIA PARK WA 6100
Autographics WA 26A Collingwood Street, OSBORNE PARK WA 6017
Budget Signs Unit 5/96 President Street, WELSHPOOL WA 6106
Bulldog Signs 18 King Edward Road, OSBORNE PARK WA 6017
Compac Marketing 6 Packard Street, JOONDALUP WA 6027
Custom Signs27 Leake Street, NORTH PERTH WA 6006
Datawest
Unit 1/24 Irvine Drive, MALAGA WA 6062
Down Under Signs 31 Owen Road, KELMSCOTT WA 6111
Dynamic Signs Unit 1, 72 Clavering Street, BELMONT WA 6104
Express Signs 38A Sundercombe Street, OSBORNE PARK WA 6017
Hall & Myer Signs 5 Camden Street, BELMONT WA 6104
Indian Head Sign Co 291 Fitzgerald Street, NORTH PERTH WA 6006
JetCut 7-11 Catalano Road, CANNING VALE WA 6155
Jiffy SignsUnit 2,11-13 Gimpie Way, WILLETON WA 6155
Nancarrow Signs
208 Grand Promenade, BEDFORD WA 6052
Peardon Signs Unit 5/79 Howe Street, OSBORNE PARK WA 6017
Rockingham Signwriters 38B Hurrell Way, ROCKINGHAM WA 6168
Signwrite 196 Carrington Road, HILTON WA 6163
The Sign Shop 3/1297 Hay Street, WEST PERTH WA 6005
Sign Supermarket Unit 14/22 Farrell Road, MIDVALE WA 6056
Signlite Australia 71 Buckingham Drive, WANGARA WA 6065
Signs R Us 323 Great Eastern Highway, MIDVALE WA 6056
Signtalk Unit 8/354 Victoria Road, MALAGA WA 6062
Signtek Fabricators 8 Midas Road, MALAGA WA 6062
Timbo Sign Co Unit 2/35 Elmsfield Road, MIDVALE WA 6056
Toucan Sign & Design Unit 401/396 Scarborough Beach Road, OSBORNE PARK WA 6017
Varisigns 55 McDonald Street (East), OSBORNE PARK WA 6017
Vital Line Corporate Signage Unit 5/92 Beechboro Road, BAYSWATER WA 6053
WA Signs 73 Holder Way, MALAGA WA 6062
Woodpecker Signs & Graphics Unit 6, 40 Prendiville Drive, WANGARA WA 6065
Stonemasonry
Atlas Limestone 356 Kew Street, CLOVERDALE WA 6105
Limestone Resources Parkland Road, OSBORNE PARK WA 6017
Limestone City Lot 66, Parkland Road, OSBORNE PARK WA 6017
Exclusive Sandstone Products 6 McDonald Crescent, BASSENDEAN WA 6054
Meteor Stone 14 Furniss Road, LANDSDALE WA 6065
Formstone Australia Pty Ltd 7 Winchester Road, SPEARWOOD WA 6163
Ausita Constructions Pty Ltd 181 Hay Street, SUBIACO WA 6008
Classic Solid Surfaces 41 Sarich Court, OSBORNE PARK WA 6017
Classical Stone Company Unit 10, 50 Banksia Road, WELSHPOOL WA 6106
Creative Marble Constructions 2 Jade Street, MADDINGTON WA 6109
Exclusive Marble & Granite Pty Ltd Unit 2, 9 Sundercombe Street, OSBORNE PARK WA 6017
Marble & Granite Expo 12 Rowallan Street, OSBORNE PARK WA 6017
Granite Construction Co 8 Koojan Avenue, SOUTH GUILDFORD WA 6055
lnterceramics 357 Oxford Street LEEDERVILLE WA 6007
Sogenco Pty Ltd 62 Winchester Road, MALAGA WA 6062
Status Marble & Granite 16 Cocos Industrial Park, BIBRA LAKE WA 6163
WA Marble & Granite Co 419 Scarborough Beach Road, OSBORNE PARK WA 6017
Indo Expo 7/33 Hector Street, OSBORNE PARK WA 6017
United Stone Gallery Unit 3, 21 Stanford Way, MALAGA WA 6062
Marble & Cement Work (WA) Pty Ltd 25 Felspar Street, WELSHPOOL WA 6106
GC Smith & Co Lot 12 Stockdale Road, O'CONNOR WA 6163
Ital Marble & Granite Unit 5, 28 Vale Street, MALAGA WA 6062
Fraser Range Granite NL Lot 3, Cnr Esplanade & Manning Street, SCARBOROUGH WA 6019
Granite Construction Co 8 Koojan Avenue, SOUTH GUILDFORD WA 6055
Historium Furniture 41 Sarich Court, OSBORNE PARK WA 6017
Rock Solid Products Pty Ltd 10 O'Connor Way, WANGARA WA 6065
Silestone Unit 10/43 Hutton Street, OSBORNE PARK WA 6017
Universal Marble & Granite Unit 3, 33 Hector Street, OSBORNE PARK WA 6017
Ceramic Floor & Wall Tiling
Tiles Expo 324 Charles Street, NORTH PERTH WA 6006
Bathroom International 199 Balcatta Road, BALCATI'A WA 6021
Bannister Tile Gallery Unit 3/180 Bannister Road, CANNING VALE WA 6155
Crosby Tiles 46 Hector Road, OSBORNE PARK WA 6017
Ceramic Tiles 10 Gibberd Road, BALCATTA WA 6021
Ceramics International 636 King Edward Road, OSBORNE PARK WA 6017
Trend Ceramics Pty Ltd 98 Hector Street, OSBORNE PARK WA 6017
Federation Tile Factory 1 Thorley Street, OSBORNE PARK WA 6017
Interceramics 357 Oxford Street, LEEDERVILLE WA 6007
Lucy Simich 52 Hector Street, OSBORNE PARK WA 6017
European Ceramics 18 Hector Street, OSBORNE PARK WA 6017
Myaree Ceramics 91 Norma Road, MYAREE WA 6154
Fremantle Tile Gallery 289 Stock Road, O'CONNOR WA 6163
O'Meara's 28 Sundercombe Street, O'CONNOR WA 6163
Imported Ceramics 59 Fitzgerald Street, NORTH PERTH WA 6006
Craft Decor 1448 Albany Highway, CANNINGTON WA 6107
House of Ceramics 267 Scarborough Beach Road, MT HAWTHORN WA 6016
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SCHEDULE D – RESERVED LIST
1.Reserved Employers
Whitford City Glass 27 Buckingham Drive, WANGARA WA 6065
Joondalup Glass & Glazing 27 Buckingham Drive, WANGARA WA 6065
Armadale Glass & Mirrors 253 Railway Avenue, KELMSCOTT WA 6111
Action Glass & Aluminium 83 Crocker Drive, MALAGA WA 6062
Alpha Armour 3-5 Zanni Street, CANNING VALE WA 6155
Alpha Marine 3-5 Zanni Street, CANNING VALE WA 6155
Nu-look Glass & Aluminium Windows 62 McCoy Street, MYAREE WA 6154
Direct Glass & Aluminium2/11 Macadam Place, BALCATTA WA 6021
Double Glazing Australasia
6 Chalkley Place, BAYSWATER WA 6053
Glass Services Pty Ltd 82 Belmont Avenue, BELMONT WA 6104
Diamond Glass 2/24 Irvane Drive, MALAGA WA 6062
Glass Products WA Cnr Albany Highway and George Way, CANNINGTON WA 6107
Independant Glass & Glazing Pty Ltd 3/164 Abernethy Road, BELMONT WA 6104
Morley Glass & Aluminium 49 Bassendean Road, BAYSWATER WA 6053
Glazewell Unit 1, 2 & 10/15 Dellamarta Road, WANGARA WA 6065
Altona Industries 6A Baratta Road, WANGARA WA 6065
Jason Signmakers 54-58 Kurnall Road, WELSHPOOL WA 6106
Bernini Stone & Tiles 181 Hay Street, SUBIACO WA 6008
Coates Hire 18 Wheeler Street, BELMONT WA 6104
Cockburn Hire 6 Hargraves Street, BELMONT WA 6104
Ascot Sign & Display 14 Rio Street, BAYSWATER WA 6053
Coca-Cola Bottlers (Perth) Pty Ltd 19-21 Milne Road, KEWDALE WA 6105
Big W Discount Stores Karrinyup Shopping Centre, Karrinyup Road, KARRINYUP WA 6018
2. The Naming of Respondents under the heading of Estate Developers in Schedule B
DATED at Perth this 19th day of December, 1968.
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