Current Award

Variations

Plaster, Plasterglass and Cement Workers' Award No. A 29 of 1989

Plaster, Plasterglass and Cement Workers’ Award

1. - TITLE

This award shall be known as the Plaster, Plasterglass and Cement Workers' Award No.  A 29 of 1989 and replaces Award No.  11 of 1969 and Award No.  6 of 1962 as amended.

1. - TITLE

This award shall be known as the Plaster, Plasterglass and Cement Workers’ Award.

Insert the following as a heading before clause 1 ‘Title’:

PART 1 – APPLICATION AND OPERATION

1B. - MINIMUM ADULT AWARD WAGE

(1) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(2) The minimum adult award wage for full-time employees aged 21 or more working under an award that provides for a 38-hour week is $918.60 per week.

The minimum adult award wage for full-time employees aged 21 or more working under awards that provide for other than a 38-hour week is calculated as follows: divide $918.60 by 38 and multiply by the number of ordinary hours prescribed for a full-time employee under the award.

The minimum adult award wage is payable from the beginning of the first pay period commencing on or after 1 July 2024.

(3) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case decisions.

(4) Unless otherwise provided in this clause adults aged 21 or more employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by results, shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award (if applicable) to the minimum adult award wage, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or government approved work placement programs or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(7) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(8) Subject to this clause the minimum adult award wage shall –

(a) Apply to all work in ordinary hours.

(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(9) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2024 State Wage order. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(10) Adult Apprentices

(a) Notwithstanding the provisions of this clause, the minimum adult apprentice wage for a fulltime apprentice aged 21 years or more working under an award that provides for a 38-hour week is $762.80 per week.

(b) The minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for other than a 38- hour week is calculated as follows: divide $762.80 by 38 and multiply by the number of ordinary hours prescribed for a full-time apprentice under the award.

(c) The minimum adult apprentice wage is payable from the beginning of the first pay period commencing on or after 1 July 2024.

(d) Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.

(e) The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.

(f) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

NO VARIATIONS

2. - ARRANGEMENT

1. Title

1B. Minimum Adult Award Wage

2. Arrangement

3. Scope

4. Area

5. Term

6. Definitions

7. Adult Trainee Casters

8. Contract of Service

9. Breakdowns

10. Hours

12. Overtime

13. Wages

14. Special Rates and Provisions

15. Payment of Wages

16. Under Rate Employees

17. Absence Through Sickness or Bereavement

18. Holidays and Annual Leave

19. Records

20. Posting Copy of Award and Union Notices

21. Representative Interviewing Employees

22. Board of Reference

23. Junior Employees

24. Apprentices

25. Long Service Leave

26. Grievance and Disputes Procedure

27. Maternity Leave

28. Superannuation

29. Introduction of Change

30. Redundancy

31. Enterprise Agreement

Appendix - Resolution of Disputes Requirements

Schedule 1 - Parties to the Award

Schedule 2 - Respondents

2. - ARRANGEMENT

PART 1 – APPLICATION AND OPERATION

1. Title

1B. Minimum Adult Award Wage

2. Arrangement

3. Scope

4. Area

5. Definitions

PART 2 – CONTRACT OF EMPLOYMENT

6. Contract of Employment

6A. Flexible Working Arrangement Requests

7. Termination of Employment

8. Trainee Casters

9. Junior Employees

10. Apprentices

11. Breakdowns

PART 3 – HOURS OF WORK

12. Hours

13. Overtime

PART 4 – RATES OF PAY AND ALLOWANCES

14. Wages

15. Special Rates and Provisions

16. Payment of Wages

17. Supported Wage System

18. Superannuation

PART 5 – LEAVE

19. Personal Leave

20. Bereavement Leave

21. Family and Domestic Violence Leave

22. Public Holidays

23. Annual Leave

24. Long Service Leave

25. Parental Leave

PART 6 – OTHER

26. Right of Entry and Inspection of Records

27. Posting Copy of Award and Union Notices

28. Dispute Resolution Procedure

29. Introduction of Change

30. Redundancy

Schedule 1 – Parties to the Award

Schedule 2 – Respondents

3. - SCOPE

This Award shall apply to employees (except those employed on any work "on-site" in connection with the erection, repair, renovation, maintenance, ornamental or demolition of buildings or structures) engaged in the industries carried out by the respondents and employed in the classifications referred to in Clause 13. – Wages hereof.

3. - SCOPE

This Award shall apply to employees (except those employed on any work "on-site" in connection with the erection, repair, renovation, maintenance, ornamental or demolition of buildings or structures) engaged in the industries carried out by the respondents and employed in the classifications referred to in Clause 14. – Wages hereof.

4. - AREA

This Award shall have effect over the whole of the State of Western Australia.

NO VARIATIONS

5. - TERM

The term of this award shall be for a period of three years from the beginning of the first pay period commencing on or after the date hereof.

CLAUSE DELETED

6. - DEFINITIONS

(1) "Operative Fibrous Employee", "Operative Plasterglass Employee" or "Manufactured Cement Goods Employee" means an employee engaged in -

(a) architectural modelling;

(b) the manufacture of architectural ornaments of fibrous plaster, plasterglass plaster or cement;

(c) the manufacture of fibrous plasterglass goods or portable articles of reinforced cement or concrete, cement pressed work, baths, wash tubs, troughs, sinks, pillars, ornaments, and other miscellaneous goods, including floor beams, partition blocks, lintels and acoustic tiles (but excluding cement roofing tiles);

(d) any phase or phases of items (a) to (c) inclusive.

(2) A "Modeller" is defined as an employee who prepares the ground work or who makes models and/or moulds, whether of gelatine, plaster, wax, plasterglass cement or fibreglass, or other suitable materials.

(3) A "Fibrous Plaster Caster" is defined as an employee who prepares the benches or moulds for casting, prepares and applies plaster face gauges (whether for fibrous plaster boards, moulding, or other fibrous plaster products), prepares and applies plaster back gauges, places reinforcement into position, imbeds the reinforcement either by hand, or with rollers, rules off the sheet, trowels the sheet back, cleans the bench or mould rules, removes the manufactured article from bench or mould and places same in drying area. Keeps his/her working area, tools and appurtenances in a clean and workable condition and transfers plaster into the bin in accordance with subclause (7) of this clause.

(4) "Labourers" may be employed on all or any of the following work, namely:-

(a) filling of plaster bins, water troughs and fibre bins;

(b) removing from benches or moulds fibrous plaster products, placing same in drying areas, changing moulds with the assistance of casters when necessary;

(c) maintaining appurtenances such as tubs, troughs, bins, drains, etc. in a clean and workable condition;

(d) maintaining floor in a clean condition;

(e) removing fibrous plaster products from drying areas into stores;

(f) carting plaster

(5) Except as provided in subclause (4) hereof, labourers shall not perform any operation which is the duty of a caster.

(6) Junior employees shall not be employed on labourers' duties in any factory in which labourers are employed on the work set out in subclause (4) hereof, except such juniors as may be agreed upon between the union and the employer from time to time.

(7) Carting plaster: For the purpose of the schedules to this award the term "carting plaster" shall not include the work of transferring plaster into the bin, from stacks adjacent to the bin nor the cartage of the gauge from the bin to the table. A stack shall be considered adjacent to the bin if it is within a radius of twelve feet from the bin.

5. - DEFINITIONS

(1) “Operative Fibrous Employee”, “Operative Plasterglass Employee” or “Manufactured Cement Goods Employee” means an employee engaged in -

(a) architectural modelling;

(b) the manufacture of architectural ornaments of fibrous plaster, plasterglass plaster or cement;

(c) the manufacture of fibrous plasterglass goods or portable articles of reinforced cement or concrete, cement pressed work, baths, wash tubs, troughs, sinks, pillars, ornaments, and other miscellaneous goods, including floor beams, partition blocks, lintels and acoustic tiles (but excluding cement roofing tiles);

(d) any phase or phases of items (a) to (c) inclusive.

(2) A “Modeller” is defined as an employee who prepares the ground work or who makes models and/or moulds, whether of gelatine, plaster, wax, plasterglass cement or fibreglass, or other suitable materials.

(3) A “Fibrous Plaster Caster” is defined as an employee who prepares the benches or moulds for casting, prepares and applies plaster face gauges (whether for fibrous plaster boards, moulding, or other fibrous plaster products), prepares and applies plaster back gauges, places reinforcement into position, imbeds the reinforcement either by hand, or with rollers, rules off the sheet, trowels the sheet back, cleans the bench or mould rules, removes the manufactured article from bench or mould and places same in drying area. Keeps their working area, tools and appurtenances in a clean and workable condition and transfers plaster into the bin in accordance with subclause (6) of this clause.

(4) “Labourers” may be employed on all or any of the following work, namely:-

(a) filling of plaster bins, water troughs and fibre bins;

(b) removing from benches or moulds fibrous plaster products, placing same in drying areas, changing moulds with the assistance of casters when necessary;

(c) maintaining appurtenances such as tubs, troughs, bins, drains, etc. in a clean and workable condition;

(d) maintaining floor in a clean condition;

(e) removing fibrous plaster products from drying areas into stores;

(f) carting plaster

(5) Except as provided in subclause (4) hereof, labourers shall not perform any operation which is the duty of a caster.

(6) Carting plaster: For the purpose of the schedules to this award the term “carting plaster” shall not include the work of transferring plaster into the bin, from stacks adjacent to the bin nor the cartage of the gauge from the bin to the table. A stack shall be considered adjacent to the bin if it is within a radius of 3.7 m from the bin.

8. - CONTRACT OF SERVICE

(1) Except in the case of casual employees, the contract of service shall be weekly and shall be terminable by one week's notice on either side or by the payment or forfeiture of one week's pay as the case may be.

(2) In the case of a casual employee the contract of service shall be hourly and shall be terminable by one hour's notice on either side or by the payment or forfeiture of one hour's pay as the case may be.

(3) An employer may at any time dismiss an employee for misconduct.

(4) Payment may be deducted for any period that an employee is absent from work during the ordinary working hours in any establishment.

6.- CONTRACT OF EMPLOYMENT

(1) An employer may engage an employee on either a full-time, part-time or casual basis subject to the terms of this award.

(2) At the time of the engagement the employer will inform each employee of the category of their employment, in particular, whether they are to be full-time, part-time or casual.

(3) A “full time” employee is engaged to work an average of 38 hours per week on an ongoing basis. An employee not specifically engaged as a part-time or casual is a full-time employee for the purposes of this award.

(4) A “part time” employee is an employee who is engaged to work less than an average of 38 hours per week on an ongoing basis and works a regular number of ordinary hours each week.

(5) A “casual employee” is an employee who is engaged and paid as such, applying s 7B of the Industrial Relations Act 1979 (WA). A casual employee is paid by the hour. A casual employee may only be employed for a period of less than one week.

Insert the following as a heading before clause 6 ‘Contract of Employment’:

PART 2 – CONTRACT OF EMPLOYMENT

Insert the following as a new clause before clause 7 ‘Termination of Employment’:

6A. - FLEXIBLE WORKING ARRANGEMENT REQUESTS

 Employees may make a request for a flexible working arrangement in accordance with s 39F and s 39G of the Minimum Conditions of Employment Act 1993 (WA). Any such request must be dealt with and determined in accordance with Part 4A of the Minimum Conditions of Employment Act 1993 (WA).

7. - TERMINATION OF EMPLOYMENT

Termination by the Employer

(1) In order to terminate the employment of a full time or part time employee the employer must give the employee the following notice in writing:

(2) An employee who at the time of being given notice is over 45 years of age and who at the date of termination has completed two years’ continuous service with the employer, is entitled to one week’s notice in addition to the notice prescribed in clause 7(1).

(3) Payment in lieu of the notice prescribed in clause 7(1) and (2) must be made if the prescribed notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu.

(4) The period of notice in this subclause does not apply to those employees who are exempt from receiving notice under Subdivision A of Division 11 of Part 2-2 of the Fair Work Act 2009 (Cth), as amended from time to time.

(5) For the purpose of this clause an employee’s continuity of service has the same meaning as prescribed in section 22 of the Fair Work Act 2009 (Cth).

Termination by the Employee

(6) Except in the case of a pieceworker or a casual employee an employee may terminate the employment by giving one week’s notice.

Termination of Casual Employment

(7) Casual employment may be terminated by either party with one hours’ notice.

Dismissal for Misconduct

(8) Nothing in this clause shall prevent an employer from terminating the employment of an employee at any time for misconduct.

7. - ADULT TRAINEE CASTERS

Where juniors are not available for employment as casters, adult trainee casters may be employed on the following terms:-

(1) The period of training shall be one year; provided that if, in the opinion of the examiners a trainee reaches 100 per cent proficiency before the expiration of one year, his/her period of training may be reduced accordingly. Provided further, the examiners shall have power to extend the period of training in special circumstances where the trainee has not reached the full proficiency.

(2) The combined number of trainee and junior casters employed by the employer shall not exceed the number of adult casters employed.

(3) The employer shall notify the union of the engagement of a trainee within fourteen days of the engagement.

(4) A caster responsible for the training of a trainee under this clause shall be paid $2.90 per week extra whilst so engaged.

(5) A trainee shall be allocated to a caster for three-monthly periods. No trainee shall be allocated to a junior or a person receiving training under the Commonwealth Reconstruction Training Scheme.

(6) One examiner shall be appointed by the union and one by the employers for the purposes of examining trainees.

(7) A syllabus of training shall be prepared by the examiners and employers shall provide training in accordance with such syllabus.

(8) Examinations shall be conducted quarterly except where a trainee or employer requests an examination earlier than three months from the previous examination.

(9) The examiners shall assess the proficiency of trainees and fix the percentage of the total wage prescribed for a plaster caster in Clause 13. - Wages which shall be paid to a trainee in accordance with paragraph (f) of subclause (1) of the said clause.

(10) The examiners shall report to the Industrial Registrar the result of each examination and The Construction, Forestry, Mining and Energy Union of Workers and the Association of Wall and Ceiling Contractors of WA (Inc.) shall be supplied with a copy thereof.

(11) In the event of a disagreement between the examiners on any matter within their jurisdiction, the matter shall be referred to the Registrar whose decision  shall be final.

(12) Nothing in this clause shall apply to trainees employed under the Commonwealth Reconstruction Training Scheme.

8 . - TRAINEE CASTERS

(1) 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 Plaster, Plasterglass and Cement Workers’ 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.

(2) A caster responsible for the training of a trainee under this clause shall be paid an additional 0.6% of a Plaster Caster’s wage per week whilst so engaged.

23. - JUNIOR EMPLOYEES

(1) Junior Employees may only be employed in the Fibrous Plaster Casting and Cement branches of the industry in the proportion of one junior to one adult employee.

(2) One junior only shall be employed on the teasing machine.

(3) Junior employees, upon being engaged, shall furnish the employer with a certificate showing the following particulars –

(a) name in full;

(b) age and date of birth;

(c) name of each previous employer;

(d) length of service with each previous employer.

(4) No employee shall have any claim for additional wages in the event of his/her age or length of service with another employer being wrongly stated on this certificate and he/she alone shall be guilty of breach of this award.

(1)                 The provisions of this clause do not apply to employees engaged in the Plaster Mill industry.

9. - JUNIOR EMPLOYEES

(1) Junior Employees may only be employed in the Fibrous Plaster Casting and Cement branches of the industry in the proportion of one junior to one adult employee.

(2) One junior only shall be employed on the teasing machine.

(3) Junior employees, upon being engaged, shall furnish the employer with a certificate showing the following particulars –

(a) name in full;

(b) age and date of birth;

(c) name of each previous employer;

(d) length of service with each previous employer.

(4) No employee shall have any claim for additional wages in the event of their age or length of service with another employer being wrongly stated on this certificate and they alone shall be guilty of breach of this award.

(5) The provisions of this clause do not apply to employees engaged in the Plaster Mill industry.

24. - APPRENTICES

(1) Apprentices to the Modelling Branch of the fibrous plaster trade may be taken in the ratio of one apprentice to every two or fraction of two (the fraction being not less than one) tradespersons and shall not be taken in excess of that ratio.

(2) Liberty to apply is reserved to either party to vary the provisions of this clause.

10. - APPRENTICES

Apprentices to the Modelling Branch of the fibrous plaster trade may be taken in the ratio of one apprentice to every two or fraction of two (the fraction being not less than one) tradespersons and shall not be taken in excess of that ratio.

9. - BREAKDOWNS

The employer shall be entitled to deduct payment for any day or portion of a day upon which the employee cannot be usefully employed because of any strike by the union or unions affiliated with it or by any other association or union or through the breakdown of the employer's machinery or any stoppage of work by any cause which the employer cannot reasonably prevent.

RENUMBERED AS CLAUSE 11

Insert the following as a heading before clause 12 ‘Hours’:

PART 3 – HOURS OF WORK

10. - HOURS

(1) Hours of Work:

(a) The ordinary working hours shall be 38 per week to operate from the beginning of the first pay period commencing on or after January 1, 1984, provided that for employees employed up until the date of this award pursuant to the Plaster Mill Employees Award No. 6 of 1962 shall have ordinary working hours of 38 per week from the first pay period commencing on or after 1st May 1990.

(b) Subject to the provisions of this subclause and subclauses (2) - Implementation of 38 Hour Week - (3) - Procedures for In-house Discussions; the ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases.

(i) 38 hours within a work cycle not exceeding seven consecutive days; or

(ii) 76 hours within a work cycle not exceeding fourteen consecutive days; or

(iii) 114 hours within a work cycle not exceeding twenty-one consecutive days; or

(iv) 152 hours within a work cycle not exceeding twenty-eight consecutive days.

(c) The ordinary hours of work may be worked on any or all days of the week, Monday to Friday, inclusive, and except in the case of shift employees, shall be worked between the hours of 6.00am to 6.00pm with an interval of not less than thirty minutes or more than sixty minutes for lunch.

(d) The ordinary hours of work shall not exceed 10 hours on any day.

 Provided that in any arrangement of ordinary working hours, where such ordinary hours are to exceed 8 hours on any day, the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the employer's premises or section or sections concerned.

(e) (i) In establishments where shift work is performed, subject to the provisions of subclause (5) of Varied Starting Times, such shift work hours shall commence not earlier than 7.00am and shall finish not later than 12.00 midnight. Provided that where shifts are worked, an interval of not less than thirty minutes shall be allowed as a meal break.

(ii) Subject to the provisions of subclause (2) - Implementation of 38 Hour Week and subclause (3) - Procedures for In-house discussions, the ordinary hours of shift employees shall average 38 per week (inclusive of crib time) and shall not exceed 152 hours in twenty-eight consecutive days.

(iii) Provided that in any arrangement of ordinary working hours, where such ordinary hours are to exceed eight hours on any day, the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the employer's premises or section or sections concerned.

(iv) When an employee is engaged on afternoon shift he/she shall be entitled to be paid at the rate of 15 per cent in addition to the rates prescribed.

(2) Implementation of 38 Hour Week:

(a) Except as provided in paragraph (c) hereof, the method of implementation of the 38 hour week may be any one of the following:-

(i) by employees working less than 8 ordinary hours each day; or

(ii) by employees working less than 8 ordinary hours on one or more days each week; or

(iii) by fixing one day of ordinary working hours on which all employees will be off duty during a particular four week cycle; or

(iv) by rostering employees off duty on various days of the week during a particular four week cycle so that each employee has one day of ordinary working hours off duty during that cycle; or

(v) Where any rostered day off duty falls on a Holiday as prescribed in Clause 18. - Holidays and Annual Leave, the next working day shall be taken in lieu unless an alternate day in that four week cycle or the next is agreed.

(b) An assessment should be made as to which method of implementation best suits each employer and the proposal shall be discussed with the employees concerned, the objective being to reach agreement on the method of implementation.

(c) Different methods of implementation of a 38 hour week may apply to various sections or establishments of the one employer.

(d) Notice of Days Off Duty:

Except as provided in paragraph (e) hereof, in cases where, by virtue of the arrangement of his/her ordinary working hours, an employee, in accordance with sub-paragraphs (iii) and (v) of paragraph (a) hereof, is entitled to a day off duty during his/her four week cycle, such employee shall be advised by the employer at least four weeks in advance of the day he/she is to take off duty.

(e) (i) An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off in accordance with subparagraphs (iii) and (v) of paragraph (a) hereof, for another day in the case of a breakdown in machinery or a failure or shortage of electric power or some other emergency situation.

(ii) An employer and employee may by agreement substitute the day the employee is to take off for another day.

(3) Procedure for In-House Discussions:

(a) Procedures shall be established for in-house discussions, the objective being to agree on the method of implementing a 38 hour week in accordance with subclauses (1) - Hours of Work and (3) - Implementation of 38 Hour Week of this clause and shall entail an objective review of current practices to establish where improvements can be made and implemented.

(b) The procedures should make suggestions as to the recording of understandings reached and methods of communicating agreements and understandings to all employees, including the overcoming of language difficulties.

(c) The procedures should allow for the monitoring of agreements and understandings reached inhouse.

(d) In cases where agreement cannot be reached in-house in the first instance or where problems arise after initial agreements or understandings have been achieved in-house, a formal monitoring procedure shall apply. The basic steps in this procedure for settling such a problem are as follows –

(i) Consultation shall take place within the particular establishment concerned.

(ii) If it is unable to be resolved at establishment level, the matter shall be referred to the State Secretary of the union (or unions) concerned or his/her deputy, at which level a conference of the parties shall be convened without delay.

(iii) In the absence of agreement either party may refer the matter to the Western Australian Industrial Commission.

(4)  an employee shall not be prohibited nor discouraged by his/her employer, nor by any leading hand or foreperson acting for the employer, from having a "cup of tea" (which expression includes any suitable beverage, together with something to eat) at a convenient time once during each morning work period.

Provided that such a "cup of tea" is taken at a suitable place (where flasks and cribs may be safely left) designated by the employer for any particular employee or group of employees or, if no such place be designated, then at the nearest such suitable place to the place where the employee in question reasonably believes when he/she commences work for the morning that he/she will be working at about the time he/she customarily has such "cup of tea", and

Provided further that work is not unduly interfered with and that there is no organised stoppage of work for the purpose of having the "cup of tea" except with the consent of the employer.

(5) (a)     The ordinary  hours of  work may, at the option of the employer, be      varied within a span of hours between 6.00am and 6.00pm and the working time shall then begin to run from the time so fixed, by the employer, with a consequential adjustment to the meal cessation period.

(b) Subject to agreement between the employer and an employee or a group of employees, or the workforce, at a particular location, the span of hours prescribed by paragraph (a) hereof he/she maybe extended, to any agreed time, earlier than 6.00am.

12. - HOURS

Hours of Work:

(a) The ordinary working hours shall be 38 per week.

(b) The ordinary hours of work shall be worked on one of the following bases.

(i) 38 hours within a work cycle not exceeding seven consecutive days; or

(ii) 76 hours within a work cycle not exceeding fourteen consecutive days; or

(iii) 114 hours within a work cycle not exceeding twenty- one consecutive days; or

(iv) 152 hours within a work cycle not exceeding twenty- eight consecutive days.

(c) The ordinary hours of work may be worked on any or all days of the week, Monday to Friday, inclusive, and except in the case of shift employees, shall be worked between the hours of 6.00am to 6.00pm with an interval of not less than thirty minutes or more than sixty minutes for lunch.

(d) The ordinary hours of work shall not exceed 10 hours on any day.

Provided that in any arrangement of ordinary working hours, where such ordinary hours are to exceed 8 hours on any day, the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the employer’s premises or section or sections concerned.

(e) (i) In establishments where shift work is performed, such   shift work hours shall commence not earlier than 7.00am and shall finish not later than 12.00 midnight. Provided that where shifts are worked, an interval of not less than thirty minutes shall be allowed as a meal break.

(ii) The ordinary hours of shift employees shall average 38 per week (inclusive of crib time) and shall not exceed 152 hours in twenty-eight consecutive days.

(iii) Provided that in any arrangement of ordinary working hours, where such ordinary hours are to exceed eight hours on any day, the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the employer's premises or section or sections concerned.

(iv) When an employee is engaged on afternoon shift they shall be entitled to be paid at the rate of 15% in addition to the rates prescribed.

(2) An employee shall not be prohibited nor discouraged by their employer, nor by any leading hand or foreperson acting for the employer, from having a 10 minute morning rest break at a convenient time once during each morning work period.

Provided that such a morning rest break is taken at a suitable place (where flasks and cribs may be safely left) designated by the employer for any particular employee or group of employees or, if no such place be designated, then at the nearest such suitable place to the place where the employee in question reasonably believes when they commence work for the morning that they will be working at about the time they customarily have such morning rest break, and

Provided further that work is not unduly interfered with and that there is no organised stoppage of work for the purpose of having the morning rest break except with the consent of the employer.

(3) The ordinary hours of work may, at the option of the employer, be varied within a span of hours between 6.00am and 6.00pm and the working time shall then begin to run from the time so fixed, by the employer, with a consequential adjustment to the meal cessation period.

(4) (a) If the ordinary hours of duty in a workplace provide for rostered days off, an employee shall be advised by the employer at least four weeks in advance of the day they are to take off duty.

(b) An employer, with the agreement of the majority of employees concerned, may substitute an employee’s rostered day off for another day in the case of a breakdown in machinery or a failure or shortage of electric power or some other emergency situation.

(c) An employer and employee may agree to substitute the employee’s rostered day off for another day.

(d) Where any rostered day off duty falls on a public holiday, the next working day shall be taken in lieu, unless an alternate day is agreed between the employer and employee.

12. - OVERTIME

(1) All work performed outside the normal limits of the hours of labour shall be paid for at the rate of time and a half for the first two hours and double time thereafter, provided an employee who commences at or after midnight shall be paid double time until 6.00am the following morning.

Subject to the provisions of subclause (3) of this clause, for the purpose of this subclause, the normal limits of the hours of labour shall be ascertained by reference to the time of commencement and time of finishing generally observed in regard to the employee in question for the particular job on which he/she is engaged.

(2) Any employee who is called upon to continue working for more than two hours beyond his/her usual ceasing time shall be provided with any meal required or shall be paid an allowance of $7.30 in lieu thereof.

Provided that this subclause shall not apply to any employee who was advised on the previous day that he/she would be required to work such overtime, nor to any employee who can conveniently return home for a meal.

(3) Any employee who has left the premises at which he/she is employed and is recalled to work after the usual ceasing time for less than one hour shall receive payment for one hour at overtime rates.

(4) If an employee is required to work during the recognised meal period so that the commencement of the meal period is postponed for more than half an hour, that employee shall receive payment at double time rates until he/she gets his/her meal.

(5) Subject to the preceding subclause, if an employee who is required to work during the recognised meal period does not in consequence obtain during the shift the full continuous meal period, or loses any portion of the meal period, he/she shall be paid at double time rates for the period not obtained or any portion lost.

(6) The expression "recognised meal period" means the period customarily observed as the meal period between fixed times on the job, or at the works, as the case may be, except where the time of commencement of the customary period is altered by mutual consent of the employer and the employees on a job to suit the convenience of the employees or the building proprietor, in which case the altered times shall be the basis of any rights under the preceding subclauses (4) and (5).

(7) Notwithstanding anything contained herein -

(a) An employer may require any employee to work reasonable overtime and such employee shall work the overtime in accordance with such requirement.

(b) An organisation, party to this award, and/or an employee or employees covered by this award, shall not in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with (a) above.

13. - OVERTIME

(1) All work performed outside the ordinary hours of work shall be paid for at the rate of time and a half for the first two hours and double time thereafter, provided an employee who commences at or after midnight shall be paid double time until 6.00am the following morning.

(2) Any employee who is called upon to continue working for more than two hours beyond their usual ceasing time shall be provided with any meal required or shall be paid an allowance equal to the amount provided for in Clause 21.4(c) of the Joinery and Building Trades Award 2020 .

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 meal allowance contained in Clause 21.4(c) of the Joinery and Building Trades Award 2020 is usually adjusted from 1 July each year.

Provided that this subclause shall not apply to any employee who was advised on the previous day that they would be required to work such overtime, nor to any employee who can conveniently return home for a meal.

(3) Any employee who has left the premises at which they are employed and is recalled to work after the usual ceasing time for less than one hour shall receive payment for one hour at overtime rates.

(4) If an employee is required to work during the recognised meal period so that the commencement of the meal period is postponed for more than half an hour, that employee shall receive payment at double time rates until they get their meal.

(5) Subject to the preceding subclause, if an employee who is required to work during the recognised meal period does not in consequence obtain during the shift the full continuous meal period, or loses any portion of the meal period, they shall be paid at double time rates for the period not obtained or any portion lost.

(6) The expression “recognised meal period” means the period customarily observed as the meal period between fixed times on the job, or at the works, as the case may be, except where the time of commencement of the customary period is altered by mutual consent of the employer and the employees on a job to suit the convenience of the employees or the building proprietor, in which case the altered times shall be the basis of any rights under the preceding subclauses (4) and (5).

(7) Notwithstanding anything contained herein -

(a) An employer may require any employee to work reasonable overtime consistent with the requirements of section 9B of the Minimum Conditions of Employment Act 1993 (WA).

(b) An organisation, party to this award, and/or an employee or employees covered by this award, shall not in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with (a) above.

Insert the following as a heading before clause 14 ‘Wages’:

PART 4 – RATES OF PAY AND ALLOWANCES

13. - WAGES

Thereafter, such percentage of the plaster caster’s total wage as is assessed in accordance with subclause (9) of Clause 7. – Adult Trainee Casters.

(3) Apprentice Modellers –

N.B. The above percentages are of both the adult wage and the tool allowance.

(4) A “Casual Employee” being a person who is engaged or employed for a period of less than one week shall be paid for the time so engaged at the rate of 20 per cent in addition to the rates prescribed herein.  Provided that this shall not apply to an employee who serves his/her contract of service or who is dismissed for misconduct.

(5) The rates of pay in this award include the arbitrated safety net adjustment payable under the June 1998 State Wage Case Decision.  This arbitrated safety net adjustment shall be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award.  Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements.  Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous State Wage Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

Further the rates of pay in this award include the $12 per week or $10 per week arbitrated safety net adjustments payable from the beginning of the first pay period on or after 1 st August, 1999.

The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

14. - WAGES

*Rounded to the nearest 10 cents.

Note 1:  The above percentages are of both the adult wages and the tool allowance.

Note 2:  Adult apprentices aged 21 years or over must receive the minimum adult apprentice wage outlined in Clause 1B, or the above percentage of the Modeller’s Wage, whichever is the greater.

(4) A “Casual Employee” shall be paid for the time so engaged at the rate of 25% in addition to the rates prescribed herein.

14. - SPECIAL RATES AND PROVISIONS

(1) Leading Hands: An employee placed in charge for not less than one day of -

Where the leading hand works under the supervision of a foreperson or of the employer for the major portion of the day, the extra rates set out in this subclause shall be halved.

(2) The employer shall provide at lunch time on each job, boiling water for the use of all employees.

(3) Protection of Tools: The employer shall, where practicable, provide a place on each job for the safekeeping of the employees’ tools when not in use

(4) Change Room: The employer shall, where practicable, provide and maintain in a cleanly condition –

(a) on each job a proper change room where the employee may change his/her clothes, and such place shall not be used for storing lime, cement, or other similar materials;

(b) separate locker accommodation, fitted with a suitable lock, for each employee employed in or about the factory or shop for the safekeeping of the employees’ clothes and effects;

(c) suitable heating facilities for the drying of wet clothes of employees employed on casting.

(5) Changing Time: At the factory, five minutes be allowed to employees who desire to change their clothes, but no employee shall leave the factory before the proper time for ceasing work.

(6) Gloves for Cement Concrete Employees: Cement concrete employees shall be supplied with suitable gloves.

15. - SPECIAL RATES AND PROVISIONS

(1) All employees required to work on any Sunday shall be paid double time rate for all time worked on any such day.

(2) Leading Hands: An employee placed in charge of other tradespersons for not less than one day shall be paid the following additional amounts per week -

The rates herein prescribed shall be deemed to form part of the ordinary rate of wage of the employees concerned for all purposes of this Award.

Where the leading hand works under the supervision of a foreperson or of the employer for the major portion of the day, the extra rates set out in this subclause shall be halved.

(3) The employer shall provide at lunch time on each job, boiling water for the use of all employees.

(4) Protection of Tools:

The employer shall, where practicable, provide a place on each job for the safekeeping of the employees’ tools when not in use.

(5) Change Room:

The employer shall, where practicable, provide and maintain in a cleanly condition -

(a) on each job a proper change room where the employee may change their clothes, and such place shall not be used for storing lime, cement, or other similar materials;

(b) separate locker accommodation, fitted with a suitable lock, for each employee employed in or about the factory or shop for the safekeeping of the employees’ clothes and effects;

(c) suitable heating facilities for the drying of wet clothes of employees employed on casting.

(6) Changing Time:

At the factory, five minutes be allowed to employees who desire to change their clothes, but no employee shall leave the factory before the proper time for ceasing work.

(7) Gloves for Cement Concrete Employees:

Cement concrete employees shall be supplied with suitable gloves.

15. - PAYMENT OF WAGES

(1) Subject to subclause (2) of this clause, from the beginning of the first pay period commencing on or after 1 st May, 1984 wages shall be paid as follows:-

(a) Actual 38 ordinary hours

In the case of an employee whose ordinary hours of work are arranged in accordance with subparagraph (i) or (ii) of paragraph (a) of subclause (2) – Implementation of 38 Hour Week – of Clause 10. – Hours so that he/she works 38 ordinary hours each week, wages shall be paid weekly according to the actual ordinary hours worked each week.

(b) Average of 38 ordinary hours

Subject to subclauses (2) and (3) of this clause, in the case of an employee whose ordinary hours of work are arranged in accordance with subparagraphs (iii) or (iv) of paragraph (a) of subclause (2) – Implementation of 38 Hour Week – of Clause 10. – Hours so that he/she works an average of 38 ordinary hours each week during a particular four week cycle, wages shall be paid weekly according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the four week cycle.

(2) For employees employed up until the date of this award pursuant to the Plaster Mill Employees Award No. 6 of 1962, the provisions of this clause have effect from 1 January 1990.

(3) Absences from Duty

(a) An employee whose ordinary hours are arranged in accordance with subparagraph (iii) or (iv) of paragraph (a) of subclause (2) – Implementation of 38 Hour Week – of Clause 10. – Hours and who is paid wages in accordance with paragraph (b) of subclause (1) hereof and is absent from duty (except for paid leave pursuant to Clause 18. – Holidays and Annual Leave, except annual leave, and Clause 17. – Absence Through Sickness) shall, for each day or part day he/she is so absent lose the average pay “credit” or 0.4 hours for that day.

(b) Consequently, during the week of the work cycle he/she is to work less than 38 ordinary hours he/she will not be entitled to average pay for that week. In that week, the average pay will be reduced by the amount of the “ credit” he/she does not accrue for each whole or part day during the work cycle he/she is absent.

(4) Alternative Method of Payment.

An alternative method of paying wages to that prescribed by subclauses (1) and (2) of this clause may be agreed between the employer and the majority of the employees concerned.

(5) (a) When an employee is dismissed (other than for misconduct) or lawfully terminates his/her service, he/she shall be paid all wages due to him/her before leaving the job unless that payment is prevented because of circumstances beyond the control of the employer. Otherwise all monies due shall be posted on the next working day to the employee’s last known address or such other address as may be nominated by the employee.

(b) In the case of an employee whose ordinary hours are arranged in accordance with subparagraph (ii) or (iv) of paragraph (a) of subclause (2) – Implementation of 38 Hour Week – of Clause 10. – Hours and who is paid average pay and who has not taken the day off due to him/her during the work cycle in which his/her employment is terminated, the wages due to that employee shall include a total of credits accrued during the work cycle.

Provided further, where the employee has taken a day off during the work cycle in which his/her employment is terminated, the wages due to that employee shall be reduced by the total of credits which have not accrued during the work cycle.

(6) Payment of wages shall be made at least once weekly and, at the option of the employer, may be paid by Electronics Funds Transfer.

(7) Subject to subclause (4) hereof, where an employee is required to spend time in waiting for wages or attending the employer’s office on a subsequent day, he/she shall be paid at the ordinary rate of pay for the time so spent, in addition to any fares incurred. Providing that this subclause shall not apply where such waiting or attending was due to an underpayment caused by a genuine mistake or by a genuine dispute as to amount due.

(8) Pay Packet Details:

Particulars of details of payment to each employee shall be included on the envelope holding the payment, or in a statement handed to the employee at the time such payment is made and shall contain the following information -

(a) Date of payment.

(b) Period covered by such payment.

(c) The amount of wages paid for work at ordinary rates.

(d) The gross amount of wages and allowances paid.

(e) The amount of each deduction made and the nature thereof

(f) The net amount of wages and allowances paid.

In addition, the following details will also be included in the statement which such payments and benefits apply:

(g) The number of hours paid at overtime rates and the amount paid 12herefore.

(h) The amount of allowances of special rates paid and the nature thereof.

(i) Annual leave payments.

(j) Payment due on termination, including payment for annual leave, rostered day off accumulation, and public holidays, (on termination payment only).

(k) The employer and employee’s superannuation number upon payments of superannuation for the employee.

(l) The amount of superannuation contribution paid by the employer for the employee.

16. - PAYMENT OF WAGES

(1) Wages shall be paid as follows:

(a) Actual hours

In the case of an employee whose hours of duty are constant each week, wages shall be paid weekly or fortnightly according to the actual ordinary hours worked each week or fortnight.

(b) Average hours

In the case of an employee whose hours of duty are averaged each week during a particular work cycle, wages shall be paid weekly or fortnightly according to a weekly average of ordinary hours of duty even though more or less hours may be worked in any particular week of the work cycle.

(2) (a) Where an employee is paid in accordance with clause 16(1)(b), the average weekly pay will be reduced by the ordinary hourly rate for each hour the employee is absent from duty other than on paid leave.

(b) When an employee is dismissed (other than for misconduct) or lawfully terminates their service, they shall be paid all wages due to them before leaving the job unless that payment is prevented because of circumstances beyond the control of the employer. Otherwise all moneys due shall be paid on the next working day.

(c) In the case of an employee who is paid average pay and who has not taken time off due to them during the work cycle in which their employment is terminated, the wages due to that employee shall include a total of credits accrued during the work cycle. Provided further, where the employee has taken time off during the work cycle in which their employment is terminated, the wages due to that employee shall be reduced by the total of credits which have not accrued during the work cycle.

(3) The employee’s wages may be paid by cash or direct transfer into the employee's nominated bank account.

(4) Wages paid in cash shall be paid in the employee’s time. Payment of wages shall be made at least weekly or fortnightly.

(5) An employer must keep employment records and provide pay slips in accordance with Part II of Division 2F ‘Keeping of and access to employment records and pay slips’ of the Industrial Relations Act 1979 (WA) and section 26 of the Long Service Leave Act 1958 (WA).

16. - UNDER-RATE EMPLOYEES

(1) Any employee who by reason of old age or infirmity is unable to earn the minimum wage may be paid such lesser wage as may from time to time be agreed upon in writing between the union and the employer.

(2) In the event of no agreement being arrived at the matter may be referred to the Board of Reference for determination.

(3) After application has been made to the Board and pending the Board’s decision, the employee shall be entitled to work for and be employed at the proposed lesser rate.

17. - SUPPORTED WAGE SYSTEM

(1) Definitions

This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In the context of this clause, the following definitions will apply:

(a) approved assessor means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.

(b) assessment instrument means the tool provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

(c) disability support pension means the Commonwealth Government pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

(d) supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.

(e) SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.

(2) Eligibility criteria

(a) Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension.

(b) This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their current employment.

(3) Supported wage rates

(a) Employees to whom this clause applies will be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:

(b) Provided that the minimum amount payable must not be less than $106.00 per week.

(c) Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.

(4) Assessment of capacity

(a) For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, the union.

(b) All assessments made under this clause must be documented in a SWS wage assessment agreement and retained by the employer as a time and wages record.

(5) Lodgement of SWS wage assessment agreement

(a) All SWS wage assessment agreements under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, must be lodged by the employer with the Commission.

(b) All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where the union is not a party to the assessment, the assessment will be referred by the Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Commission within 10 working days.

(6) Review of assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review will be in accordance with the procedures for assessing capacity under the SWS.

(7) Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the wage rate only. Employees covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other employees covered by this award paid on a pro-rata basis.

(8) Workplace adjustment

An employer wishing to employ a person under the provisions of this clause must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve redesign of job duties, working time arrangements and work organisation in consultation with other employees in the area.

(9) Trial period

(a) In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.

(b) During the trial period the assessment of capacity will be undertaken and the proposed wage rate for a continuing employment relationship will be determined.

(c) The minimum amount payable to the employee during the trial period must be no less than $106.00 per week.

(d) Work trials should include induction or training as appropriate to the job being trialled.

(e) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under subclause (4) – Assessment of capacity.

28. - SUPERANNUATION

The superannuation provisions contained herein operate subject to the requirements of the hereinafter prescribed provision titled – Compliance, Nomination and Transition.

(1) Application:

(a) Subject to the provisions of  subclause (4)  Exemptions of  this clause, each employer to whom this Award applies shall execute an agreement to become a contributor to an approved Occupational Superannuation Scheme, within one month of the enactment of this clause.

(b) For the purpose of  this  Award  an  approved  Occupational  Superannuation Scheme means any scheme which complies with the standards for occupational superannuation schemes under the Occupational Superannuation Standards Act 1987 and Regulations made thereunder.

(2) Contributions:

(a) Subject to the provisions of  subclause (4)  Exemptions of  this clause, each employer shall make monthly contributions to the fund in respect of all eligible employees at the rate of 9% of ordinary time earnings.

(b) Eligible employees are full-time and part-time employees to whose employment this Award applies and whose length of employment with the employer exceeds one month.

(c) Subject to the provisions of subclauses (3) Employee Entry into Fund and (4) Exemptions of this clause, contributions shall be made in respect of each current eligible employee from the date the employer executes the fund trust deed. Contributions in respect of all other eligible employees shall be made from commencement of employment with the employer but in no case prior to the date the employer executes the fund trust deed.

(d) “Ordinary time earnings” (which for the purposes of the Superannuation Guarantee (Administration) Act 1992 will operate to provide a notional earnings base) shall mean the actual ordinary rate of pay the employee receives for ordinary hours of work leading hand where applicable. The term includes any regular over-award pay as well as casual rates received, and additional rates and allowances paid for work undertaken during ordinary hours of work excluding fares and travel and other reimbursement allowances.

(e) No contributions shall be made for periods of unpaid leave, or unauthorised absences in excess of 38 ordinary hours or for periods of workers’ compensation in excess of 26 weeks. No shall be made in respect of annual leave paid out on termination or any other payments on termination.

(3) Employee Entry into Fund:

(a) On executing the fund trust deed the employer shall provide each current employee with an application form and documentation explaining the fund.

(b) If an employee fails to return to the employer a completed application form to join the fund within two weeks of receipt, the employer shall provide a reminder notice together with an application form and documentation explaining the fund to the employee.

(c) If the employee fails to complete and return the application to join the fund within two weeks of receipt of the second form, no contribution need be made in respect of that employee until such time as a completed application form is received by the employer.

(d) It shall be the responsibility of the employer to ensure that all new employees complete an application to join the fund during the first month of employment. Provided that where an eligible employee refuses to complete an application to join the fund the employer shall notify the union in writing of the employee’s refusal to do so.

(4) Exemptions:

(a) Employers of eligible employees who are covered by a Superannuation Order or Award made pursuant to the Industrial Relations Act 1979 shall be exempted from the provisions of this clause in respect of those employees to whose employment the said Order or Award applies.

(b) Employers of eligible employees who are contributing to a Superannuation Fund in accordance with an Order or Award made pursuant to the Industrial Relations Act 1979, the Conciliation and Arbitration Act 1904 or the Industrial Relations Act 1988 for a majority of employees and, at the date of issue of this Order, make payment for eligible employees covered by this Award in accordance with that Order or Award shall be exempt from the provisions of this clause.

An employer may make an application to the Western Australian Industrial Relations Commission for exemption from the provisions of this clause and until proceedings before the Western Australian Industrial Relations Commission are finalised, the provisions of this clause shall be deemed to have been complied with.

Compliance, Nomination and Transition

Notwithstanding anything contained elsewhere herein which requires that contribution be made to a superannuation fund or scheme in respect of an employee, on and from 30 June 1998 -

(a) Any such fund or scheme shall no longer be a complying superannuation fund or scheme for the purposes of this clause unless -

(i) the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and

(ii) under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme;

(b) The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee;

(c) The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable;

(d) A nomination or notification of the type referred to in paragraphs (b) and (c) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed;

(e) The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made;

(f) The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by a employee;

Provided that on and from 30 June 1998, and until an employee thereafter nominates a complying superannuation fund or scheme -

(g) if one or more complying superannuation funds or schemes to which contributions may be made be specified herein, the employer is required to make contributions to that fund or scheme, or one of those funds or schemes nominated by the employer;

or

(h) if no complying superannuation fund or scheme to which contributions may be made be specified herein, the employer is required to make contributions to a complying fund or scheme nominated by the employer.

18. – SUPERANNUATION

(1) The Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth) deals with the superannuation rights and obligations of employers and employees.

(2) The employer must make superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

(3) The employer must notify the employee of the entitlement to nominate a complying superannuation fund or scheme to which contributions in respect of the employee may be made.

(4) The employer must make contributions to a complying fund or scheme nominated by the employer until the employee nominates such a fund or scheme.

(5) The employer and the employee are bound by the employee’s nomination unless the employer and employee agree to change the complying superannuation fund or scheme to which contributions are to be made.

(6) An employer must not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by an employee.

Insert the following as a heading before clause 19 ‘Personal Leave’:

PART 5 – LEAVE

17. - ABSENCE THROUGH SICKNESS OR BEREAVEMENT

(1) An employee shall be entitled to payment for non-attendance at work during ordinary hours on the ground of personal ill-health or injury at the rate of one- sixth of a week’s pay at the rate prescribed for his/her classification by Clause 13. – Wages for each completed month of service.

(2) Payment hereunder may be adjusted at the end of each calendar year or at the time the employee leaves the service of the employer, in the event of the employee being entitled by service subsequent to the sickness or injury to a greater allowance than that made at the time the sickness or injury occurred.

(3) This clause shall not apply to employees who are entitled to payment under the Workers’ Compensation and Assistance Act nor to employees whose injury or illness is the result of the employee’s own misconduct.

(4) (a) The employee shall, where possible, within 24  hours  of  the commencement of such absence, inform the employer of his/her inability to attend for duty, and, as far as practicable state the nature of the injury or illness and the estimated duration of the absence.

(b) No employee shall be entitled to the benefits of this clause unless he/she produces proof satisfactory to his/her employer of sickness or injury, but the employer shall not be entitled to a medical certificate unless the absence is for three days or more.

(5) Notwithstanding the provisions of subclause (4) hereof, an employee, who in any calendar year, has already been allowed paid sick leave on one occasion for one day only shall not be entitled to payment for any further absence of one day only unless he/she produces to the employer a medical certificate stating that he/she was unable to attend for duty on account of personal ill-health or injury.

(6) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has in any year not been allowed to any employee by his/her employer as paid sick leave may be claimed by the employee and, subject to the conditions hereinbefore prescribed, shall be allowed by his/her employer in any subsequent year without diminution of the sick leave prescribed in respect of that year. Provided that an employee shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service.

An employee shall, on the death within Australia of a wife, husband, father, mother, brother, sister, child or stepchild, be entitled on notice of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary days of work. Proof of such death to be furnished by the employee to the satisfaction of his/her employer.

Provided that this subclause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave.

For the purposes of this subclause the words “wife” and “husband” shall include a person who lives with the employee as a de facto wife or husband.

19. - PERSONAL LEAVE

Paid and unpaid personal leave, including carer’s leave, is as provided for in the

Minimum Conditions of Employment Act 1993 (WA).

20. - BEREAVEMENT LEAVE

Bereavement leave is as provided for in the Minimum Conditions of Employment Act 1993 (WA).

21. - FAMILY AND DOMESTIC VIOLENCE LEAVE

Family and Domestic Violence leave is provided for in Division 7 Part 2-2 of the Fair Work Act 2009 (Cth) and the Minimum Conditions of Employment Act 1993 (WA).

18. - HOLIDAYS AND ANNUAL LEAVE

(1) (a) The following days, or the days observed in lieu shall, subject to this subclause be allowed as holidays without deduction of pay, namely – New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign’s Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause.

(b) Where any of the days mentioned in paragraph (a) hereof falls on a  Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday, provided that when a Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(2) (a) All employees required to work on the days named in subclause (1)(a) hereof shall be paid at the rate of double time and a half for all time worked.

(b) All employees required to work on any Sunday shall be paid double time rate for all time worked on any such day.

(3) On any public holiday not prescribed as a holiday under this award the employer’s establishment or place of business may be closed in which case an employee need not present himself for duty and payment may be deducted, but if work be done ordinary rates of pay shall apply.

(4) Except as hereinafter provided a period of four consecutive weeks’ leave with payment of ordinary wages as prescribed shall be allowed annually to an employee by his/her employer after a period of twelve months’ continuous service with such employer.

(5) (a) During a period of annual leave an employee shall be paid a loading of 17½ per cent, calculated on his/her ordinary wage as prescribed.

(b) The loading prescribed by this subclause shall not apply to proportionate leave on termination.

(6) If any prescribed holiday falls within an employee’s period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid.

(7) If after one month’s continuous service in any qualifying twelve monthly period an employee leaves his/her employment on or after the 1 st day of January, 1984 or his/her employment is terminated by the employer through no fault of the employee, the employee shall be paid 2.932 hours pay at his/her ordinary hourly rate of wage in respect of each completed week of service from January 1, 1984 up until the date of termination. Should an employee leave his/her employment before the 1 st day of January 1984, he/she shall be paid one-third of a week’s pay at his/her ordinary rate of wage in respect of each completed month of service in any qualifying twelve monthly period up until January 2, 1984.

(8) Any time in respect of which an employee is absent from work except time for which he/she is entitled to claim sick pay or time spent on holidays or annual leave as prescribed by this award shall not count for the purpose of determining his/her right to annual leave.

(9) In the event of an employee being employed by an employer for portion only of a year, he/she shall only be entitled, subject to subclause (7) of this clause to such leave on full pay as is proportionate to his/her length of service during that period with such employer, and if such leave is not equal to the leave given to the other employees he/she shall not be entitled to work or pay whilst the other employees of such employer are on leave on full pay.

(10) (a) In addition to any payment to which he/she may be entitled  under  subclause (7) of this clause, an employee, whose employment terminates after he/she has completed a twelve monthly qualifying period and who has not been allowed leave prescribed under this award in respect of that qualifying period shall be given payment in lieu of that leave or, in a case to which paragraph (b) of this subclause or subclause (13) of this clause applies, in lieu of so much of that leave as has not been allowed unless -

(i) he/she has been justifiably dismissed for misconduct; and

(ii) the misconduct for which he/she has been dismissed occurred prior to the completion of that qualifying period.

(b) In special circumstances and by mutual consent of the employer, the employee and the union concerned, annual leave may be taken in not more than two periods.

(11) For the purpose of this clause “double time” rate shall be the rate which is  payable to the employee on any ordinary working day (including all allowances paid in accordance with the provisions of Clause 13. – Wages) multiplied by two.

(12) The provisions of this clause shall not apply to casual employees.

(13) Notwithstanding anything else herein contained an employer who observes a Christmas closedown for the purpose of granting annual leave may require an employee to take his/her annual leave in not more than two periods but neither of such periods shall be less than one week.

22. - PUBLIC HOLIDAYS

(1) (a) The following days, or the days observed in lieu shall, subject to this subclause be recognised as public holidays for the purpose of this award namely - New Year’s Day, Australia Day, Good Friday, Easter Sunday. Easter Monday, Anzac Day, Labour Day, Western Australia Day, Sovereign’s Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause.

(b) An employee is entitled to be absent from work without loss of pay on a day or part of a day that is a public holiday for the purpose of this award, or a public holiday as defined in the Minimum Conditions of Employment Act 1993(WA).

(c) Where any of the days mentioned in paragraph (a) hereof, other than Easter Sunday, falls on a Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday, provided that when a Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(2) The employer may request that an employee work on a day or part of a day that is a public holiday if the request is reasonable.

(3) If the employer makes a request, the employee may refuse the request if -

(a) the request is not reasonable; or

(b) the refusal is reasonable.

(4) In determining whether a request or refusal is reasonable, the following must be taken into account -

(a) the nature and conduct of the employer’s business or operations;

(b) the nature of the employee’s work;

(c) the employee’s personal circumstances, including family responsibilities

(d) whether the employee could reasonably expect that the employer might request work on the public holiday;

(e) whether the employee is entitled to receive overtime payments, penalty rates or other compensation (including compensation in the form of an annualised salary) for, or a level of remuneration that reflects an expectation of, work on the public holiday;

(f) the type of employment of the employee (for example, whether full time, part time, casual or shift work);

(g) the amount of notice in advance of the public holiday given

(i) by the employer when making the request; or

(ii) by the employee when refusing the request.

(5) All employees required to work on a public holiday shall be paid at the rate of double time and a half for all time worked.

(6) Where a day is proclaimed as a public holiday or public half-holiday under section 7 of the Public and Bank Holidays Act 1972 (WA), either throughout the State or within a district or locality as specified in the proclamation, that day will be a public holiday or public half-holiday for the purposes of this award within the area specified in the proclamation.

23. - ANNUAL LEAVE

(1) Annual leave is as provided for in the Minimum Conditions of Employment Act 1993 (WA).

(2)  (a) During a period of annual leave an employee shall be paid a loading of 17½%, calculated on their ordinary wage as prescribed.

(b) The loading prescribed by this subclause shall not apply to proportionate leave on termination.

(3) The provisions of this clause shall not apply to casual employees.

25. - LONG SERVICE LEAVE

The Long Service Leave provisions published in Volume 60 of the “Western Australian Industrial Gazette” at pages 1 to 6 inclusive are hereby incorporated in and shall be deemed to be part of this award.

24. - LONG SERVICE LEAVE

The Long Service Leave provisions of the Long Service Leave Act 1958 (WA) are hereby incorporated in and shall be deemed to be part of this award.

27. - MATERNITY LEAVE

(1) Eligibility for Maternity Leave:

An employee who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has had not less than 12 months’ continuous service with that employer immediately proceeding the date upon which she proceeds upon such leave.

For the purpose of this clause:

(a) An employee shall include a part-time employee but shall not include an employee engaged upon casual or seasonal work.

(b) Maternity leave shall mean unpaid maternity leave.

(2) Period of Leave and Commencement of Leave.

(a) Subject of subclauses (3) and (6) hereof, the period of maternity leave shall be for an unbroken period of from 12 to 52 weeks and shall include a period of six weeks’ compulsory leave to be taken immediately following confinement.

(b) An employee shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement.

(c) An employee shall give not less than four weeks’ notice in writing to her employer of the date upon which she proposes to commence maternity leave, stating the period of leave to be taken.

(d) An employer by not less than 14 days’ notice in writing to the employee may require her to commence maternity leave at any time within the six weeks immediately prior to her presumed date of confinement.

(e) An employee shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier that the presumed date.

(3) Transfer to a Safe-Job. Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy of hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

If the transfer to a safe job is not practicable, the employee may, or the employer may require the employee to take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof.

(4) Variation of Period of Maternity Leave.

(a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the employee giving not less than 14 days’ notice in writing stating the period by which the leave is to be lengthened.

(b) The period of leave may, with the consent of the employer, be shortened by the employee giving not less than 14 days’ notice in writing stating the period by which the leave is to be shortened.

(5) Cancellation of Maternity Leave.

(a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child.

(b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the employee to the employer that she desires to resume work.

(6) Special Maternity Leave and Sick Leave.

(a) Where a pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child then -

(i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, or

(ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly qualified medical practitioner certifies as necessary before her return to work.

(b) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks.

(c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave,

(d) An employee returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position she held immediately before such transfer.

Where such position no longer exists but there are other positions available, for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wages to that of her former position.

(7) Maternity Leave and Other Leave Entitlements:

Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks:

(a) An employee may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled.

(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during her absence on maternity leave.

(8) Effect of Maternity Leave on Employment:

Notwithstanding any award, or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purposes of the award.

(9) Termination of Employment.

(a) An employee on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award.

(b) An employer shall not terminate the employment of an employee on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

(10) Return to Work After Maternity Leave.

(a) An employee shall confirm her intention of returning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave.

(b) An employee, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position.

(11) Replacement Employees.

(a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave.

(b) Before an employer engages a replacement employee under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

(c) Before an employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.

(d) Provided that nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.

(e) A replacement employee shall not be entitled to any of the rights conferred by this clause except where her employment continues beyond the 12 months’ qualifying period.

25.- PARENTAL LEAVE

Parental leave is provided for in accordance with Division 5 of Part 2-2 of the Fair Work Act 2009 (Cth).

Insert the following as a heading before clause 26 ‘Right of Entry and Inspection of Records.

PART 6 – OTHER

19. - RECORDS

(1) In addition to the requirements of the Industrial Relations (General) Regulations 1997, each employer shall keep a record, on a separate page for each employee, from which can be readily ascertained the following:

(a) the name of each employee and his/her classification;

(b) each day worked, the hours worked each day, including time of starting and finishing work each day, overtime hours worked and meal breaks taken;

(c) the gross amount of ordinary wages, overtime wages, special rates and specific allowances paid each week;

(d) the amount of each deduction and the nature thereof;

(e) the net amount of wages and allowances paid each week;

(f) any relevant records which detail taxation deductions and remittances to the Australian Taxation Office, including those payments made as PAYE tax whether under a Group Employer’s Scheme or not;

(g) where an employer is required to make payments to the Construction Industry Long Service Leave Board, a certificate or other documentation from the Board which will confirm the employer’s registration, the date of the last payment, and the period for which that payment applies;

(h) the employer’s and  the  employee’s  Occupational  Superannuation  Scheme number and the contribution returns by the employer to the Scheme on behalf of the employee, where such benefit applies; and

(2) In addition, the employer shall record the location of the job if it is outside the Perth Metropolitan area.

(3) The employer shall provide evidence of the employer’s current Workers Compensation Policy or other satisfactory proof of insurance such as a renewal certificate.

(4) Subject to subclause (6) of this clause, all records and documentation referred to in subclauses (1), (2) and (3), or copies thereof, shall be available for inspection by a duly accredited official under the rules of an organisation of employees bound by this Award during the usual office hours, at the employer’s office or other convenient place. If desired, the official may take extracts from the records and documentation.

Before exercising the power of inspection, reasonable notice of not less than 24 hours of the intention to inspect the records must be given to the employer by the union or duly accredited union official.

(5) If the secretary of the union reasonably suspects that a breach of the award has occurred, copies of the appropriate records may, by agreement, be provided to the official for retention, or sent to the union office within seven days of notification of the suspected breach.

(6) The employer may refuse the representative access to the records if the employer:

(a) is of the opinion that access to the records by a duly accredited official of the organisation of employees would infringe the privacy of persons who are not members of the union;

(b) undertakes to produce the records to an Industrial Inspector within 48 hours of being notified of the requirements to inspect by the Union official; and

(c) complies with the undertaking to produce the records to an Industrial Inspector.

26. - RIGHT OF ENTRY AND INSPECTION OF RECORDS

Conditions regarding the right of entry by authorised representatives of the union for the purpose of inspection of records are dealt with in Part II of Division 2G ‘Right of Entry and Inspection by authorised representatives’ of the Industrial Relations Act 1979 (WA).

21. - REPRESENTATIVE INTERVIEWING EMPLOYEES

Consistent with the terms of the Labour Relations Legislation Amendment Act 1997 and S.23(3)(c)(iii) of the Industrial Relations Act a representative of the Union shall not exercise the rights under this clause with respect to entering any part of the premises of the employer unless the employer is the employer, or former employer of a member of the Union.

(1) The Secretary or any authorised officer of the union or association shall be allowed free access to any job or shop at any time during the meal period and, with the consent of the employer or his/her foreperson at any other time, to interview any of the employees if he/she desires to do so.

(2) The Secretary or any authorised representative of the union or association shall have the right to visit and inspect any factory or works or any part thereof during the time that work is being carried on outside the ordinary working hours and to interview employees therein.

CLAUSE DELETED

20. - POSTING COPY OF AWARD AND UNION NOTICES

(1) No employer shall prevent an official of the employees’ union from posting a copy of this award, or any union notice, not exceeding fourteen inches by nine inches in a suitable place on any job.

(2) Liberty to apply to amend this clause is reserved in the event of any objectionable notice being posted.

27. - POSTING COPY OF AWARD AND UNION NOTICES

No employer shall prevent an official of the employees’ union from posting a copy of this award, or any union notice, not exceeding 36 cm by 23cm in a suitable place on any job.

26. - GRIEVANCE AND DISPUTES PROCEDURE

All parties (employers, employees and the Union – including all of its officers and officials) accept and provide a commitment to abide by the following to prevent disputation:

(1) An employee (or shop steward) shall immediately refer any grievance, or other matter which may lead to a dispute, to the foreperson or immediate supervisor.

(2) If the grievance, or other such matter likely to lead to dispute, is not resolved following the procedures outlined in subclause (1), it shall be immediately referred to the appropriate officer nominated by the employer to deal with such matters.

(3) If any grievance, or other such matter is not resolved through the procedures outlined in subclause (2) it shall be immediately referred to the appropriate full- time official of the Union.

(4) The aforementioned Union official shall take all steps necessary to resolve the matter and the Union official and the Union, its officers and members, shall, at all times, act in accordance with the rules of the Union and the provisions of the Industrial Relations Act, 1979.

(5) If any grievance or other matter is not resolved through the procedures outlined in subclauses (3) and (4) it shall be immediately referred to the Commission for determination.

(6) Nothing shall prevent any party from immediately referring any grievance, or other such matter which is likely to lead to a dispute, to the Commission.

(7) There shall be no bans, limitations or any other form of industrial action and normal uninterrupted work shall continue at the direction of the employer whilst any matters are processed through this Grievance and Disputes Procedure.

RENUMBERED AND RENAMED:

28. - DISPUTE RESOLUTION PROCEDURE

29. - INTRODUCTION OF CHANGE

(1) Where an employer has made a definite decision to introduce major changes in production, programme, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and their union or unions.

(2) The employer shall discuss with its employees affected and their union, the introduction of the changes referred to in subclause (1) hereof, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and their union in relation to the changes.

(3) For the purposes of such discussion, the employer shall provide in writing to the employees concerned and their union, all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would be inimical to the employer’s interests.

(4) In the event of disagreement over the proposed changes the parties shall consult to resolve the problematic issue(s) and work shall continue normally while the matter is discussed.

NO VARIATIONS

30. - REDUNDANCY

(1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer shall hold discussions with the employee directly affected and with his/her union.

(2) Transfer to Lower Paid Duties:

Where an employee is transferred to lower paid duties for reasons set out in subclause (1) hereof the e same period of notice of transfer as he/she would have been entitled to if his/her employment had been terminated, and the employer may, at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

(3) Severance Pay:

In addition to the period of notice prescribed for ordinary termination in Clause 8. – Contract of Service, and subject to further order of the Commission, an employee whose employment is terminated for se (1) hereof shall be entitled to the following minimum amount of severance pay in respect of a continuous period of service.

(4) Employee Leaving During Notice

An employee whose employment is terminated for reasons set out in subclause (1) hereof may terminate his/her employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had he/she remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(5) Alternative Employment:

An employer, in a particular redundancy case, may make application to the Western Australian Industrial Relations Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

(6) Time Off During Notice Period:

(a) During the period of notice of termination given by the employer an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he/she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

(7) Subject to further order of the Western Australian Industrial Relations Commission where an employee who is terminated receives a benefit from a superannuation scheme, he/she shall only receive under subclause (3) hereof the difference between the severance pay specified in that subclause and the amount of the superannuation benefit he/she receives which is attributable to employer contributions only.

If the superannuation benefit is greater than the amount due under subclause (3) hereof then he/she shall receive no payment under that subclause.

(8) Employees with Less than One Year’s Service:

This clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable g by the employees of suitable alternative employment.

(9) Employees Exempted:

This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specific task or tasks.

Incapacity to Pay:

An employer, in a particular redundancy case, may make application to the Western Australian Industrial Relations Commission (to ha tion varied) [to have the general severance pay prescription varied] on the basis of the employer’s incapacity to pay.

30. - REDUNDANCY

(1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer shall hold discussions with the employee directly affected and with their union.

(2) Transfer to Lower Paid Duties:

Where an employee is transferred to lower paid duties for reasons set out in subclause (1) hereof the employee shall be entitled to the same period of notice of transfer as they would have been entitled to if their employment had been terminated, and the employer may, at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

(3) Severance Pay:

In addition to the period of notice prescribed for ordinary termination in Clause 7. – Termination of Employment, and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in subclause (1) hereof shall be entitled to the following minimum amount of severance pay in respect of a continuous period of service.

(4) Employee Leaving During Notice:

An employee whose employment is terminated for reasons set out in subclause (1) hereof may terminate their employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had they remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(5) Alternative Employment:

An employer, in a particular redundancy case, may make an application to the Western Australian Industrial Relations Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee. This subclause does not apply in circumstances involving a transfer of business as set out in clause 4.7 of the Termination, Change and Redundancy General Order [2005] WAIRC 01715.

(6) Time Off During Notice Period:

(a) During the period of notice of termination given by the employer an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or they shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

(7) Employees with Less than One Year’s Service:

This clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

Note: Clause 4.2 – Consultation Before Termination of the Termination, Change and Redundancy General Order applies to all employees regardless of their length of continuous service.

(8) Employees Exempted:

This clause shall not apply where employment is terminated as a consequence of conduct that justifies summary dismissal, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specific task or tasks.

(9) Incapacity to Pay:

An employer, in a particular redundancy case, may make an application to the Western Australian Industrial Relations Commission to have the general severance pay prescription varied on the basis of the employer’s incapacity to pay.

22. - BOARD OF REFERENCE

(1) The Commission hereby appoints, for the purposes of this award, a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to Regulation 16 of the Industrial Commission Regulations, 1980.

(2) The Board of Reference is hereby assigned the function of allowing, approving, fixing, determining or dealing with any matter of difference between the parties in relation to any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference.

CLAUSE DELETED

31. - ENTERPRISE AGREEMENT

(1) (a) Where an agreement is reached between the employer, the employees  and the union concerning the working arrangements to be followed within the respondent employer’s factory, workshop, department or section thereof the provisions of this award may be varied in any manner as agreed.

(b) The union will not unreasonably withhold agreement to the alternative working arrangements.

(2) (a) An enterprise agreement shall not act to increase the ordinary hours of work beyond an average of 38 hours per week; reduce the quantum of annual leave, sick leave, maternity leave, public holidays and long service leave.

(b) Where any agreement concluded under subclause (1) hereof affects award conditions the parties shall jointly support such agreement before the Western Australian Industrial Relations Commission for registration as an appendix to the award.

(3) The following procedures shall apply in the formation of any agreement negotiated under the terms of this clause:

(a) The proposed variations for each workplace or part thereof shall be explained to the employees concerned and written notification of proposals will be placed on the notice board at the worksite and sent to the union.

(b) The employer and affected employees will then consult with each other on the changes with a view to reaching agreement.

The union will be notified in writing of the proposed variations prior to any change taking place.

CLAUSE DELETED

APPENDIX - RESOLUTION OF DISPUTES REQUIREMENTS

(1) This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation Amendment Act 1997).

(2) Any dispute or grievance procedure in this award/industrial agreement shall also apply to any questions, disputes or difficulties which may arise under it.

With effect from 22 November 1997 the dispute or grievance procedures in this award/industrial agreement is hereby varied to include the requirement that persons involved in the question, dispute or difficulty will confer among themselves and make reasonable attempts to resolve questions, disputes or taking those matters to the Commission.

APPENDIX DELETED

SCHEDULE 1 - PARTIES TO THE AWARD

The following organisation is a party to this award:

The Construction, Forestry, Mining and Energy Union of Workers

NO VARIATIONS

SCHEDULE 2 - RESPONDENTS

Anderson Industries Pty. Ltd., 3 Roydhouse Street, Subiaco.

E.D.U. Concrete Co., 97 Guildford Road, Bassendean.

Formica Ceilings, 195 Welshpool Road, Queens Park.

Geraldton Building Co. Pty. Ltd., Ocean Street, Geraldton.

H.B. Brady Co. Pty Ltd., Bayswater Henderson Modelling Workers,

Bourke Street, Bunbury.

Lite-Ceil Modelling Works, McCoy Street, Melville.

Midceil Moulding Supply, 19 Wildon Street, Bellevue

Modern Ceilings, Victoria Road, Malaga.

New Cement Co., 78 Goodwood Parade, Rivervale.

Placor Plaster Products, 288 Gnangara Road, Landsdale.

Plasterceil Modelling Workers, Beechboro Road, Bayswater.

Plasterline Industries, 16 King Edward Road, Osborne Park.

R. Galvin, Sundercombe Street, Osborne Park.

Regal Cement Works, 22 Sussex Street, Maylands.

Savage Plaster Pty Ltd, 10 Collingwood Street, Osborne Park.

Superb Ceilings, 19 Winchester Road, Spearwood.

Swan Concrete Works, 22 Hines Road, Hilton Park.

Welshpool Concrete Products , 21 Kew Street, Welshpool.

SCHEDULE 2 - RESPONDENTS

Anderson Industries Pty. Ltd. (now deregistered).

E.D.U. Concrete Co., 97 Guildford Road, Bassendean.

Formica Ceilings Pty Ltd (defunct state company).

Geraldton Building Co. Pty. Ltd. (now deregistered).

H.B. Brady Co. Pty Ltd. (now deregistered).

Henderson Modelling Workers, Bourke Street, Bunbury.

Wallis Enterprises Pty Ltd formerly known as Lite-Ceil Pty Ltd t/as Lite-Ceil Plaster Works, McCoy Street, Melville.

Mid-ceil Moulding Supplies, 19 Wildon Street, Bellevue.

Fording Bridge Nominees Pty Ltd formerly known as Modern Ceilings Pty Ltd t/a Modern Ceilings, Victoria Road, Malaga.

New Cement Co.Pty Ltd (now deregistered).

Placor Plaster Products, 288 Gnangara Road, Landsdale.

Plasterceil Pty Ltd t/as Plasterceil Modelling Workers (now deregistered).

Plasterline Industries, 16 King Edward Road, Osborne Park.

R. Galvin (decd).

Regal Cement Manufacturers Pty Ltd t/as Regal Cement Works, 22 Sussex Street, Maylands.

Savage Plaster Pty Ltd (now deregistered).

Superb Ceilings Pty Ltd, 19 Winchester Road, Spearwood. Swan Concrete Works Pty Ltd (now deregistered).

Hydraplant Equipment Pty Ltd previously known as Welshpool Concrete Products Pty Ltd (now deregistered).