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

DOCX | 88kB
2024 WAIRC 01022
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

Commission's Own Motion; Commission's Own Motion -v- (Not applicable); (Not applicable)

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

:

Commissions Own Motion

Applicant

 

AND

 

(Not applicable)

Respondent

 

CatchWords : Industrial Law (WA) Commissions 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

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