[63] · 2020. 3. 5. · [63] WEDNESDAY, 17th APRIL, 1968 No. 48-Part 1 >S — Delivered GROCERY AND MATCH MANUFACTURING. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 5

[63]

WEDNESDAY, 17th APRIL, 1968 No. 48-Part 1

>S — Delivered GROCERY AND MATCH MANUFACTURING.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION.

No. 5 of 1967. Between the Food Preservers' Union of Western

Australia Union of Workers, Applicant, and D. & J. Fowler (Aust.) Ltd. and others as per Schedule A. Respondents.

COMMISSIONER J. R. FLANAGAN, in pursuance of the powers and jurisdiction conferred upon him by section 50 of the Industrial Arbitration Act, 1912-1966, and in pursuance of an allocation to him under section 54 of the said Act, doth hereby make the following award in connection with the industrial dispute between the abovenamed parties.

Award. 1.—Title.

This Award shall be known as the Grocery and Match Manufacturing Award, 1968, and replaces Awards 17 and 17A of 1962 as amended.

2.—Arrangement. 1. Title. 2. Arrangement. 2A. Special Loading. 3. Scope. 4. Area. 5. Term. 6. Definitions. 7. Wages. 8. Incentive Schemes. 9. Hours of Work.

10. Shift Work. 11. Overtime. 12. Meal Interval. 13. Contract of Service. 14. Higher Duties. 15. Holidays. 16. Annual Leave. 17. Absence Through Sickness. 18. Payment of Wages. 19. Time and Wages Record. 20. No Reduction. 21. Under-rate Workers. 22. Junior Workers' Certificate. 23. Limitation of Female Work. 24. Right of Entry. 25. Board of Reference. 26. Travelling Facilities. 27. General Conditions. 28. Posting of Award. 29. Long Service Leave. 30. Preference to Unionists*.

* Denotes disputed clause.

2A.—Special Loading. (1) Each ordinary wage rate prescribed else-

where herein shall be increased— (a) by 60 cents per week if it is equal to or

greater than the basic wage for males or, as the case may be, the basic wage for females; and

(b) in all other cases by an amount which bears the same relationship to 60 cents as the ordinary wage rate bears to the basic wage for males or, as the case may be, the basic wage for females.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

(2) For the purposes of subclause (1) of this clause, and to give effect thereto, wherever a basic wage is prescribed herein it shall be deemed to be increased by 60 cents per week.

3.—Scope. This award shall apply to all workers employed

by the respondents in the classifications described in Clause 7 hereof, in the manufacture, preparation, packing or putting up of spices, condiments, coffee, chicory, cocoa, tea, jelly crystals, farinaceous foods, dog biscuits, polishes, honey and other similar lines generally manufactured, packed, prepared or put up by manufacturing grocers, matches, margarine, cereal foods, macaroni or similar products, nuts, nut foods, nut products, potato chips, popcorn, polishing materials and such other products as are handled by the respondents.

4.—Area. This award shall have effect over the area south

of the 26th parallel of south latitude.

5.—Term. The term of this award shall be for a period

of three years as from the beginning of the first pay period commencing on or after the date hereof.

6.—Definitions. "Leading Hand" shall mean a worker who is ap-

pointed as such by his employer and who, in addition to his ordinary duties, is required by the employer to supervise the work of other workers.

"Casual Worker" shall mean any worker engaged and paid as such.

"Mixer and/or Blender" means a worker engaged on the mixing and/or blending of ingredients for products covered by the award.

7.—Wages. The following shall be the minimum rates of

wages payable to workers covered by this award:— (1) Basic Wage (per week): $

Males 33.50 Females ... 25.13

(2) Adult Males (margin over male basic wage):

Groceries— Worker roasting and/or grind-

ing and mixing and blending coffee or chicory 8.30

Steam retort operator or steam vat cooker 7.55

Other grinders or millers .... 7.00 Other mixers and blenders .... 7.00 Roasters of other commodities 7.00

Nut Foods and Allied Products— Roaster of nuts 8.30 Salted cooker (potato chips and

nuts) 8.30 Cereal Foods—

Cereal cooker 7.80 Fillers, pressmen and conveyor

workers 6.35 Macaroni—

Worker drying macaroni, ver- micelli and allied products .... 7.50

Paste Makers 6.35 Press operators 6.35

Match Manufacturing— $ V.P.O. dipper 7.30 Painting machine attendant

(including mixing of the paint) 6.95

Mixer (compo and adhesives) 6.95 Inner machine operator .... 6.00 Board slitter (inner reels) .... 6.00

All Sections— General Factory Hands 5.20 All others 2.65

(3) Adult Females (margin over female basic wage):

General Assistants 3.25 (4) Junior Workers—Male (per cent, of

male basic wage per week): % 14 to 15 years of age 35 15 to 16 years of age 45 16 to 17 years of age 55 17 to 18 yeai's of age 65 18 to 19 years of age 75 19 to 20 years of age 85 20 to 21 years of age 95

Junior Workers.—Female (per cent, female basic wage per week): % 14 to 15 years of age — 15 to 16 years of age 45 16 to 17 years of age 55 17 to 18 years of age 65 18 to 19 years of age 75 19 to 20 years of age 85 20 to 21 years of age 95

(5) Casual Workers: Casual workers shall receive fifteen per cent, in addition to the rates prescribed in this clause for the work performed.

(6) Leading Hands (males per week extra): A leading hand in charge of— $

(i) less than 3 other workers .... 1.20 (ii) not less than 3 and not more

than 10 others 2.30 (iii) more than 10 but less than

20 other workers 4.45 (iv) more than 20 other workers 6.65

Leading Hands (females per week extra): A leading hand in charge of— $

(i) less than 3 other workers .... 0.60 (ii) not less than 3 and not more

than 10 others 1.10 (iii) more than 10 but less than

20 other workers 2.30 (iv) more than 20 other workers 3.50

(7) Workers engaged on the milling and/or grinding of spices or workers employed bot- tling concentrated liquid food colour in small bottles and who are unable to avoid staining their hands, shall be paid five cents per hour in addition to the rates herein prescribed.

(8) Liberty is reserved to the union to apply for the fixation of a margin for females employed on coffee roasting.

(9) Minimum Wage: (a) Notwithstanding the provisions of this

Clause, no adult male worker shall be paid less than thirty-seven dollars, fifty- five cents per week as ordinary rates of pay in respect of the ordinary hours of work prescribed by this award.

17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 65

(b) Where a minimum rate of pay as aforesaid is applicable to workers for work in ordinary hours, the same rate shall be applicable to the calculation of overtime and all other penalty rates, payment during sick leave and annual leave and all other purposes of this award.

8.-—Incentive Schemes. (1) The particulars of the basis of any incen-

tive scheme shall be supplied to the union. (2) Adjustments and/or variations of the basis

of any incentive scheme shall be subject to mutual agreement between the employer and the workers concerned.

(3) In the event of any disagreement between the employer and the workers concerned, the matter may be referred to the Board of Reference by the employer or the union.

8.—Hours of Work. (1) The ordinary working hours shall not exceed

forty and, subject to Clause 10—Shift Work, shall be worked between 7 a.m. and 5.30 p.m. on Mon- day to Friday inclusive. Provided that in the case of workers employed by the Sanitarium Health Food Company, the forty ordinary hours may be worked in five days between Sunday and Friday inclusive.

(2) The starting and finishing times in any establishment shall only be altered by the employer giving seven days' notice to his workers of such alteration, except where otherwise agreed between the employer and the union.

10.—Shift Work. (1) An employer may, if he so desires, work his

establishment on shifts, but before doing so, shall give notice of his intention to the union and of the intended starting and finishing times of ordinary working hours of the respective shifts.

(2) (a) Where any particular process is carried out on shifts other than day shift, and less than five consecutive afternoon or five consecutive night shifts are worked on that process then the workers employed on such afternoon or night shifts shall be paid at overtime rates.

(b) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or on any public holiday.

(3) The loading on the ordinary rates of pay for shift work shall be five per cent, for afternoon shift and ten per cent, for night shift.

(4) Where three shifts are worked, a meal break of not less than twenty minutes shall be allowed in each shift and paid for.

11.—Overtime. (1) All time worked before the usual starting-

time or after the usual finishing time shall be deemed overtime and paid for at the rate of time and a half for the first four hours and double time thereafter.

(2) Except as hereinafter provided, all work performed after twelve noon Saturdays, or on Sundays or on any of the holidays prescribed in Clause 15 (1) hereof shall be paid for at the rate of double time. Provided that in the case of workers employed by the Sanitarium Health Food

Company the subclause shall not apply, and all work performed on Saturdays shall be paid for at the rate of double time, except for shift work commencing at or before 10 p.m. on Saturdays.

(3) When a worker is recalled to work after leaving the job, he shall be paid for at least three hours at overtime rates.

(4) (a) A worker required to work overtime for more than two hours, without being notified on the previous day or earlier that he will be so required to work, shall be supplied with a meal by the employer or paid sixty-five cents for a meal.

(b) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he has notified the workers concerned on the previous day or earlier that such second or subsequent meal will also be required, provide such meals or pay an amount of forty-five cents for each such second or subsequent meal.

(c) No such payments need be made to workers living in the same locality as their workshops who can reasonably return home for such meals.

(d) If a worker, in consequence of receiving such notice has provided himself with a meal or meals, and is not required to work overtime, or is required to work less overtime than notified, he shall be paid the amounts above prescribed in respect of the meals not then required.

(5) (a) Rest period after overtime: When overtime work is necessary, it shall, wherever, reasonably practicable, be so arranged that workers have at least eight consecutive hours off duty between the work of successive days.

(b) A worker (other than a casual worker) who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not at least eight consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c) If, on the instructions of his employer, such a worker resumes or continues work without having had such eight consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then' be entitled to be absent until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

12.—Meal Interval. (1) Not less than thirty minutes nor more than

one hour shall be allowed for a meal each day. (2) A worker shall not be compelled to work

for more than five and a half hours without a break for a meal.

(3) When a worker is required for duty during any meal time, whereby his mealtime is postposed for more than one hour, he shall be paid at overtime rates until he gets his meal.

13.—Contract of Service. (1) Except in the case of a casual worker, whose

engagement shall be by the hour, the contract of hiring of every worker shall be a weekly contract terminable by one week's notice on either side, given on any working day or by the payment of one week's pay by the employer, or the forfeiture of one week's pay by the worker.

66 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

(2) The employer shall be under no obligation to pay for any day not worked upon which the worker is required to present himself for duty, except such absence from work is due to illness and comes within the provisions of clause 17, or such absence is on account of holidays to which the worker is entitled under the provisions of this award.

(3) The employer shall be entitled to deduct payment for any day or portion of a day upon which the worker 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.

14.—Higher Duties. (DA worker engaged for more than half of one

day or shift on duties carrying a higher rate than his ordinary classification shall be paid the higher rate for such day or shift. If employed for half of one day or shift, or less, he shall be paid the higher rate for the time so worked.

(2) A worker's regular rate of wage shall not be reduced whilst he is temporarily employed on work classified with a lower minimum rate.

15.—Holidays. (1) (a) The following days, or the days observed

in lieu shall, subject as hereinafter provided, be allowed as holidays without deduction of pay, namely—New Year's Day, Australia Day, Good Friday, Easter Monday, Anzae 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 the subclause.

(b) Where Christmas Day or New Year's Day falls on a Saturday or a Sunday, such holiday shall be observed on the next succeeding Monday and where Boxing Day falls on a Sunday or a Monday such holiday shall be observed on the next succeeding Tuesday, in each such case the substituted day shall be deemed a holiday without deduction of pay in lieu of the day for which it is substituted.

(c) Provided that in the case of workers employed by the Sanitarium Health Food Company who ordinarily work on Sundays, any holiday which falls or is generally observed on the preceeding Sunday in lieu of the Monday.

(2) 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 a worker need not present himself for duty and payment may be deducted, but if work be done ordinary rates of pay shall apply. Provided that for workers who ordinarily work on Sunday, any such public holiday which falls or is generally observed on a Monday may be observed on the preceeding Sunday in lieu of the Monday.

16.—Annual Leave. (1) Except as hereinafter provided, a period of

three consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by his employer after a period of twelve months' continuous service with such employer.

(2) If any award holidays falls within a worker's period of annual leave and is observed on a day which in the case of that worker 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.

(3) If after one month's continuous service in any qualifying twelve-monthly period a worker leaves his employment or his employment is terminated by the employer through no fault of the worker, the worker shall be paid one quarter of a week's pay at his ordinary rate of wages in respect of each completed month of continuous service.

(4) Any time in respect of which a worker is absent from work except time for which he 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 right to annual leave.

(5) In the event of a worker being employed by an employer for portion only of a year, he shall only be entitled, subject to subclause (3) of this clause, to such leave on full pay as is proportionate to his length of service during that period with such employer, and if such leave is not equal to the leave given to other workers he shall not be entitled to work or pay whilst the other workers of such employer are on leave on full pay.

(6) A worker who is justifiably dismissed for misconduct shall not be entitled to the benefit of the provisions of this clause.

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

(8) The provisions of this clause shall not apply to casual workers.

(9) A worker shall be given at least two weeks' notice that he is to take his annual leave.

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

17.—Absence Through Sickness. (1) A worker shall be entitled to payment for

non-attendance on the ground of personal ill- health for one-twelfth of a week for each completed month of service. Provided that payment for absence through such ill-health shall be limited to one week in each calendar year. Payment hereunder may be adjusted at the end of each calendar year, or at the time the worker leaves the service of the employer, in the event of the worker being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred. This clause shall not apply where the worker is entitled to compensation under the Workers' Compensation Act.

(2) A worker shall not be entitled to receive any wages from his employer for any time lost through the result of an accident not arising out of or in the course of his employment or for any accident, wherever sustained, arising out of his own wilful default or for sickness arising out of his own wilful default.

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


(4) 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 worker by his employer as paid sick leave may be claimed by the worker and, subject to the conditions hereinbefore prescribed, shall be allowed by his employer in any subsequent year without diminution of the sick leave prescribed in respect of that year. Provided that the sick leave which accumulates pursuant to this subclause shall be available to the worker for a period of two years but not longer from the end of the year in which it accrues.

18.—Payment of Wages. (1) Wages shall be paid at least weekly. (2) Not more than two days' wages shall be kept

in hand by the employer. (3) When a worker's services are terminated

through no fault of the worker he shall be paid all wages due before leaving the employer's premises or alternatively (except in the case of casual workers) a cheque for the amount due may be forwarded to the worker's last known address within forty- eight hours of such termination.

19.—Time and Wages Record. (1) The employer shall keep or cause to be kept

a record or records containing the following particulars:—

(a) Name of each worker. (b) Nature of his work. (c) The hours worked each day and each week. (d) The wages and overtime (if any) paid

each week. (e) The age of each junior worker.

Any system of automatic recording by machines shall be deemed to comply with this provision to the extent of the information recorded.

(2) The time and wages record shall be open for inspection by a duly accredited official of the union during the usual office hours at the employer's office, or other convenient place, and the representative may be allowed to take extracts therefrom.

20.—No Reduction. Nothing herein contained shall entitle an em-

ployer to reduce the wage of any worker who at the date of this award was being paid a higher rate of wage than the minimum prescribed for his or her class of work.

21.—Under-rate Workers. (1) Any worker who by reason of old age or in-

firmity 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 worker shall be entitled to work for and be employed at the proposed lesser rate.

22.—Junior Workers' Certificate. (1) Junior Workers upon being engaged shall

furnish the employer with a certificate containing the following details:—

(a) Name in full. (b) Age and date of birth.

(2) No worker shall have any claim upon an employer for additional pay in the event of the age of the worker being wrongly stated on the certificate. If the junior worker shall wilfully misstate his age in the certificate, he alone shall be guilty of a breach of this award, and in the event of a worker having received a higher rate than that to which he was entitled he shall make restitution to the employer.

The Certificate shall be available for inspection by an accredited representative of the union in the manner which the Time and Wages Record is open for inspection.

23.—Limitation of Female Work. No female worker shall be required to lift any

weight in excess of thirty-five pounds.

24.—Right of Entry. (1) Accredited representatives of the union

shall be permitted to interview the workers on the business premises of the employer during non- working times or meal breaks.

(2) In the case of a dispute between the union and an employer which is likely to lead to a cessation of work or to an application to the Court and which involves the inspection of workers or of machines in the process of production on which such workers are engaged, such union representative shall have the right of inspection at any time during which the workers or machines concerned are working, but this permission shall not be exercised without the consent of the employer more than once in any one week.

(3) Provided that the duly accredited representative shall notify the employer beforehand of his intention to exercise his rights under this clause.

25.—Board of Reference. (1) The Commission hereby appoints, for the

purposes of this award, a Board of Reference con- sisting of a chairman and two other members who shall be appointed pursuant to regulation 80 of the Industrial Arbitration Act (Western Australian In- dustrial Commission) Regulations, 1964.

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

26.—Travelling Facilities. Where a worker is detained at work until it is

too late to travel by the last ordinary bus, train, or other regular public conveyance to his usual place of residence, the employer shall provide proper conveyance to the workers' usual place of residence, free of charge. This clause shall not apply to a worker who usually has his own means of conveyance.

27.—General Conditions. (1) Where the conditions of work are such that

workers are unable to avoid their clothing becoming excessively wet or dirty, they shall be supplied with suitable protective clothing or material. Such protective clothing or material shall remain the property of the emlpoyer and shall be returned when required, in good order and condition, fair wear and tear excepted.

(2) Where the conditions of work are such that workers are unable to avoid their feet becoming excessively wet, the employer shall, on request,

[17 April, 1968.

supply free of charge, rubber boots, or, alternatively, the employer may pay the allowance of 30 cents per week. Boots supplied by the employer shall remain the property of the employer and shall be returned when required, in good order and condition, fair wear and tear excepted. Pro- vided that an employer shall not be obliged to supply rubber boots to casual workers but shall pay the allowance referred to above to any casual worker who regularly wears his own boots and needs to do so to avoid his feet becoming excessively wet.

(3) Where the conditions of the work being performed require the use of gloves, they shall be supplied by the employer free of cost.

(4) Where the employer requires a uniform to be worn, it shall be supplied by the employer.

(5) Where and when practicable, suitable seat- ing accommodation shall be provided for females workers unless it is physically impossible to carry out the work required in a sitting position.

(6) Adequate first aid equipment shall be provided in all establishments.

28.—Posting of Award. The employer shall allow a copy of this Award

if supplied by the union, to be posted in a place easily accessible to the workers.

29.—Long Service Leave. The Long Service Leave provisions published in

44 of the Western Australian Industrial Gazette, at pages 606 to 612 inclusive, are hereby incorporated in and shall be deemed to be part of this award.

30.—Preference to Unionists. (1) In this clause "the union" means the Food

Preservers' Union of Western Australia, Union of Workers:

"unionist" means a worker who is a member of the union;

"non-unionist" means a worker who is not a member of the union.

(2) Subject to the provisions of this clause, it is a condition of employment under this award that each non-unionist shall—

(a) Unless he has already applied for membership of the union in the manner prescribed in the rules of the union, apply for such membership in the manner so prescribed, within seven days of receiving from an accredited representative of the union, a copy of those rules, a copy of this clause, and an application form for membership;

(b) upon being notified that he has been accepted as a member of the union, to do such things as may be required under the ru'es of the union in relation to his admission to membership; and

(c) thereafter remain a unionist while so employed.

(3) Subclause (2) of this clause does not apply to any worker—

(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 6 IB of the In- dustrial Arbitration Act, 1912-1966.

(b) who, prior to the expiration of the seven days referred to in that subclause, has applied for such a certificate of exemption, unless and until that application is finally determined under that section; or

(c) for the unexpired portion of any period in respect of which he has, prior to commencing employment under this award, paid membership fees on his own behalf to another union.

(4) (a) Where the Secretary of the union has notified an employer that a non-unionist to whom the provisions of subclause (2) of this clause apply has failed or refused to comply with those provisions, that non-unionist shall not be retained in employment by that employer for more than twenty-four hours to the exclusion of any well- conducted unionist who is employed by, or who applies for employment, with that employer, and who is adequately experienced and otherwise competent in the work performed by that non-unionist and is of the sex to which that work is allotted by this award or, where the award makes no such provision, by custom.

(b) Where paragraph (a) of this subclause operates so as to require the dismissal of a non- unionist by his employer the provisions of Clause 13 of this award are hereby declared inoperative in respect of that dismissal but only if—

(i) a unionist is engaged to commence work in the place of the non-unionist; and

(ii) that the dismissal does not become effective before the unionist has so commenced.

(5) A non-unionist shall not be engaged for any work to the exclusion of a well-conducted unionist if that unionist—

(a) is adequately experienced in and competent to perform that work;

(b) applies to that employer for employment on that work—

(i) not later than the time at which the non-unionist applies; or

(ii) within the time specified by that employer in any advertisement calling for such applications;

whichever is the later; (c) is able to commence work at the time re-

quired by the employer; and (d) is of the sex to which the work concerned

is allotted by this award, or, where the award makes no such provision, by custom.

(6) Subclause (5) of this clause does not apply to a non-unionist—

(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 61B of the In- dustrial Arbitration Act, 1912-1966; or

(b) for the period between the date on which he applies for such a certificate and the date on which that application is finally determined under that section.

(7) The provisions of this clause shall not apply to workers employed by the Sanitarium Health Food Company or to the said Company.

In witness whereof this award has been signed bv the said Commissioner this 20th day of March, 1968.

[L.S.] (Sgd.) J. R. FLANAGAN, Commissioner.

17 April, 1968.] WESTERN

Schedule "A" Respondents. Anchor Products Pty. Ltd. Blue Seal Products Pty. Ltd. D. & J. Fowler (Aust.) Ltd. Robert Harper & Co. Ltd. Flavoured Products Pty. Ltd. Food Products of Australia (A Division of General

Foods Corporation Pty. Ltd.). Peerless Emulsion Pty. Ltd. Nabisco Pty. Ltd. Sanitarium Health Food Company. Sunny Flo Apiaries. Atlas Macaroni Co. Pty. Ltd. Golden West Macaroni Co. W.A. Match Co. Pty. Ltd. W.A. Honey Pool. Pre-Pact Processors and Packers. W. J. Pascoe & Sons. Meadow Lea Margarine (W.A.) <& Co. Pty. Ltd. Clifford Love & Co. Ltd. West & Co. Enterprises. Kiwi Home Products Pty. Ltd. Reckitt & Coleman Pty. Ltd. Hunters Products (W.A.) Pty, Ltd.

WHALING. (Catcher Crews.)


No. 5 of 1968. Between Australian Workers' Union, Westralian

Branch, Industrial Union of Workers, Appli- cant, and Cheynes Beach Whaling Co. (1963) Pty Ltd, Respondent.

WHEREAS an industrial dispute existed between the abovenamed parties, and whereas the said dispute was referred to The Western Australian In- dustrial Commission for the purpose of hearing and determination, and whereas the said reference of industrial dispute was allocated pursuant to section 54 of the Industrial Arbitration Act, 1912- 1966, to Commissioner J. R. Flanagan and whereas the parties subsequently met and conferred and have arrived at agreement on all matters in difference, and whereas the parties have this day appeared before the said Commissioner by their respective representatives and requested the said Commissioner to make the said agreement an award of the Commission: Now, therefore, the said Commissioner, pursuant to section 65 of the said Act and all other powers therein enabling him, hereby declares the memorandum hereunder written to have the same effect as and be deemed an award of the Commission.

Memorandum of Agreement. (Note: Wherever the word "award" occurs here-

in, it shall be taken to mean and include "agreement".)

1.—Title. This award shall be known as "The Cheynes

Beach Whale Catcher Crews Award, 1968".

2.—Arrangement. 1. Title. 2. Arrangement. 2A. Special Loading. 3. Definitions. 4. Area. 5. Scope. 6. Term. 7. Hours. 8. Wages. 9. Boiler Work.

10. Bonus Rates. 11. Board of Reference. 12. Holidays. 13. Annual Leave. 14. Contract of Service. 15. Absence through Sickness. 16. Messing and Accommodation. 17. Preference. 18. Long Service Leave.




(b) in all other cases by an amount which bears the same relationship to 60 cents as the ordinary wage rate bears to the basic wage for males or, as the case may be, the basic wage for females.

(2) For the purposes of subclause (1) of this clause and to give effect thereto, wherever a basic wage is prescribed herein it shall be deemed to be increased by 60 cents per week.

3.—Definitions. "Whaling Season" shall mean the period from

the day the Company commences whaling operations, continuing until at least forty-eight hours after the last whale, to be nominated by the Com- pany, has been taken.

"Port Day" shall mean any day on which a vessel is in harbour for the purpose of maintenance or repair, or is prevented from whaling by rough weather or any other cause.

"Port Rate" shall mean the rate payable on a Port Day.

"Whaling Day" shall mean any day on which a vessel proceeds to sea on whaling operations.

"Whaling Rate" shall mean the rate payable on a Whaling Day.

4.—Area. This award shall operate over that area in which

the Company is carrying out whaling operations off the coast of Albany, Western Australia.

5.—Scope. This award shall apply to all crew members

below the rank of Ships' Officer who are employed by the Company on whaling operations.

6.—Term. The term of this award shall be for a period of

one year from the beginning of the first pay period commencing after the date hereof.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

7.—Hours. (1) Port Days:

(a) Eight hours shall constitute a day's work to be worked between the hours of 8 a.m. to 5 p.m. on any day Monday to Friday inclusive.

(b) Subject to the provisions of this subclause, all work done beyond the ordinary working hours on any day, Monday to Fri- day, inclusive, shall be paid for at the rate of time and one-half for the first two hours and double time thereafter.

(c) Work done on Saturday after 12 noon or on Sundays or on any day prescribed as a holiday under this award, shall be paid for at the rate of double time. Provided that all work done on Saturdays prior to 12 noon shall be paid for at the rate of time and one- half for the first four hours and double time thereafter.

(d) In the calculation of overtime rates each day shall stand alone, provided that when a worker continues working beyond midnight on any day, the hours worked after midnight shall be counted as part of the previous day's work for the purpose of calculating the rates to be paid.

(e) For the purpose of this clause forty hours shall comprise a week's work.

(f) When a worker is recalled to work after leaving the job he shall be paid for at least three hours at overtime rates.

(2) Whaling Time: (a) The working week whilst whaling opera-

tions are being carried out shall consist of seven days, Monday to Sunday inclusive, and on such days crew members shall work such hours as are necessary for the successful execution of whaling operations, provided that on any day on which a vessel commences whaling operations and returns to port through weather conditions, or any other reasons, prior to the elapse of ten hours from standby, crew members may be employed, at the discretion of the Com- pany until such ten hours has elapsed provided—

(i) Ship's whaling routine (i.e., relief of watches, etc.) shall be maintained until such time as a decision is made as to whaling operations.

(ii) Once it is decided that whaling operations shall not be carried out, and it is declared a port-day, the port rate of pay shall apply for all time worked and port-pay hours of work shall apply.

(iii) In the event of a port-day having been declared, and the vessel be subsequently ordered to go whaling, the period worked prior to the instruc- tion to proceed whaling shall be paid for at port-rates, and any subsequent time shall be paid for as a whaling day.

(b) The Master of each vessel shall determine each day's whaling time and no overtime shall be payable, except as hereunder provided:— (i) Deck Crew: On returning to port after

the completion of a whaling day all work performed after berthing, other

[17 April, 1968.

than work in connection with the re- provisioning of the vessel shall be paid for at port overtime rates, provided that if the re-provisioning of the vessel extends beyond one hour after berthing, all work performed after such time shall be paid for at port overtime rates.

(ii) Engine Room: On returning to port after the completion of a whaling day all work performed in the engine room after berthing shall be restricted to work of an urgent or emergency nature, provided that all such work performed after the re-provisioning of the vessel has been completed or continues beyond one hour after berthing, whichever be the shorter period, shall be paid for at port overtime rates.

(c) (i) Crew members shall be granted one day off in each two weekly period, payment for such day to be made at port rate.

(ii) Whales caught by the catcher on which he is employed, on a crew member's day off shall be credited to such crew member and be paid for in accordance with the provisions of clause 10.

(3) Station Bunkering: (a) When a catcher is required to deliver fuel

oil to the Station or to standby a vessel receiving whale oil for overseas shipment, that day shall be counted as a whaling day and in addition crew members of such catcher shall be credited, in respect to both "head bonus" and "end of season bonus" with the number of whales caught by the whaling vessels during such bunkering period.

(b) Whilst on bunkering duties, all work performed after the berthing of the whaling vessel shall be paid for at the rate applying to the crew of such vessel, as determined by sub-clauses 2 (b) (i) and (ii) of this clause.

(4) Ship Watching: All ship watching performed outside of ordinary working hours shall be paid for at the rate of time and one-quarter with the exception of Sundays and public holidays, when the rate of time and one-half shall apply, provided that a worker required to perform watching duty after the completion of an ordinary shift and such watching duty extends through to the commencement of the next succeeding ordinary shift shall be relieved from duty not later than noon on such next succeeding ordinary shift without deduction of pay.

8.—Wages. (1) The rate of wage for seamen and firemen

shall be: $ (a) Port Rate (per week) 40.20 (b) Whaling Rate (per week) .... 71.80

(2) The rate of wage for a cook shall be: (a) Whilst messing (per week) 69.70 (b) When messing is discontinued in

accordance with clause 16 (a) (per week) 40.20

17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(3) The rate of wage for deck boys shall be:

(a) 18 years of age and under— (i) Port Rate (ptr week) 20.10

(11) Whaling Rate (per week) .... 23.93 (b) Over 18 years of age—

(i) Port Rate (per week) 71.80 (11) Whaling Rate (per week) .... 71.80

(4) The above rates are inclusive of a Basic Wage (per week) 33.50.

9.—Boiler Work, etc. For any of the following work, a worker shall,

in addition to any other ordinary or overtime rate payable under this award, be paid at the rate of 25 cents per hour for the time so occupied:—

(a) Working inside boilers or furnaces. (b) Cleaning tubes (except tubes of water tube

boilers, unless cleaning is performed from inside the steam or water drums or other confined spaces), uptakes or smoke boxes where doors have to be opened.

(c) Cleaning bilges (including rose boxes) and coffer dams.

(d) Protective or alternative clothing shall be supplied to workers engaged on the above- mentioned duties.

10.—Bonus Rates. (1) Head Bonus: The company shall pay to

each crew member of each catcher, for each legal length whale of either baleen or sperm variety, delivered to the Station Whale Buoy, a "head" bonus as set out in Schedule "A" hereunder. Such "head" bonus shall be paid weekly.

Schedule "A". Based on Collective Catch—All Catchers.

Rate Whales Caught per Whale.

$ 1- 75 0.30

76-150 0.40 151-225 0.50 226-300 0.60 301-375 0.65 376-450 0.70 451-600 0.75 601-650 0.80 651-700 0.90 Over 700 1.00

(2) End of Season Bonus: The Company shall pay to each crew member for each legal length whale of either baleen or sperm variety credited to the catcher on which he is employed, during his period of employment on such catcher, an "end of season" bonus as set out in Schedule "B" hereunder, provided that:—

(a) The Company takes in excess of three hundred legal length whales, all types included. On the three hundredth whale being taken the additional bonus will accrue for all whales credited to the catcher upon which and for that period during which a crew member is employed and will continue to accrue for all additional whales taken until the end of the season.

(b) A crew member who terminates his employment prior to the end of the season for reasons not acceptable to the Com- pany shall forfeit his "end of season" bonus. Should any dispute arise regarding this clause the Union shall have the right to refer the matter to a Board of Refer- ence.

Schedule "B". Based on Catcher's Individual Catch.

Rate Whales Caught per Whale.

1- 25 26- 50 51- 75 76-100

101-125 126-150 151-200 201-250 Over 250

11.—Board of Reference. (1) The Commission hereby appoints for the

purpose of this award, a Board of Reference con- sisting of a Chairman and two other members who shall be apopinted pursuant to regulation 80 of the Industrial Arbitration Act (Western Australian Industrial Commission) Regulations, 1964.

(2) The Board of Reference is hereby assigned the function of allowing, approving, fixing, determining or dealing with any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference and shall include the determination of any dispute arising out of hours of work in excess of those usually worked during the seasons covered by previous agreements.

12.—Holidays. (1) The following days or the days observed in

lieu, shall subject to subelause (2) hereof, be allowed as holidays without deduction of pay, namely, New Year's Day, Australia Day, Good Fri- day, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day.

(2) A crew member required to work on any of the foregoing days shall be paid an additional day's pay at port rates.

13.—Annual Leave. (1) A crew member shall be entitled to annual

leave at port rates, at the rate of one-quarter of a week's pay for each month of continuous service.

(2) Any time in respect of which a crew member is absent from work, except time for which he is entitled to claim, sick pay, or time spent on holidays, annual leave, or long service leave, as prescribed, shall not count for the purpose of determining his right to annual leave.

(3) A crew member who is justifiably dismissed for misconduct shall not be entitled to the benefits of the provisions of this clause.

(4) If any prescribed holiday falls within a worker's period of annual leave, there shall be added to that period one day, being an ordinary working day, for each such holiday observed.

72 ^ WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

14.—Contract of Service. (1) The contract of service shall be by the week

and shall be terminable by one week's notice given on either side on any day. If the Company or the crew member fails to give the required notice, one week's wages shall be paid or forfeited.

(2) The preceding clause does not apply when the last whale of the season has been nominated by the Company, in which case two days' notice of termination of engagement shall apply.

(3) This clause does not effect the right to dismiss for misconduct.

15.—Absence through Sickness. (1) A crew member shall be entitled to payment

for non-attendance on the grounds of personal ill- health for one-twelfth of a week's pay for each completed month of service. Payment hereunder may be adjusted at the end of the season or at any time the crew member leaves the service of the Company.

(2) This clause shall not apply when the crew member is entitled to compensation under the Workers' Compensation Act.

(3) All sick leave unclaimed shall be paid to the crew member on termination of employment or at the end of the season.

16.—Messing and Accommodation. (1) Messing and accommodation, including bed-

ding, shall be provided by the Company whilst whaling, provided that for any non-whaling period in excess of five continuous days, messing shall be discontinued.

(2) All bedding and linen shall be signed for by each crew member. Failure to return same at termination of service may be treated by the Com- pany as lost and cost thereof be paid by the crew member concerned.

17.—Preference. (1) In this clause—

"the union" means the Australian Workers' Union, Westralian Branch, Industrial Union of Workers;




(a) unless he has already applied for membership of the union in the manner prescribed by the rules of the union, apply for such membership in the manner so prescribed within seven days of receiving, from an accredited representative of the union, a copy of those rules, a copy of this clause and an application form for membership;

(b) upon being notified that he has been accepted as a member of the union, do such things as may be required under the rules of the union in relation to his admission to membership; and

(c) thereafter remain a unionist while so employed.


(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 6IB of the Indus- trial Arbitration Act, 1912-1966;

(b) who, prior to the expiration of the seven days referred to in that subclause, has applied for such a certificate of exemption, unless and until that application is finally determined under that section; or

(c) for the unexpired portion of any period in respect of which he has, prior to commencing employment under this award, paid membership fees on his own behalf to another union.

(4) (a) Where the Secretary of the union has notified an employer that a non-unionist to whom the provisions of subclause (2) of this clause apply has failed or refused to comply with those provisions, that non-unionist shall not be retained in employment for more than twenty-four hours to the exclusion of any well-conducted unionist who is employed by, or who applies for employment with that employer and who is adequately experienced and otherwise competent in the work performed by that non-unionist and is of the sex to which that work is allotted by this award or, where the award makes no such provision, by custom.

(b) Where paragraph (a) of this subclause operates so as to require the dismissal of a non-unionist by his employer the provisions of clause 14 of this award are hereby declared inoperative in respect of that dismissal but only if—

(i) a unionist is engaged to commence work in the place of a non-unionist; and

(ii) that the dismissal does not become effective before the unionist has so commenced.


(a) is adequately experienced in and competent to perform that work;

(b) applies to that employer, for employment on that work—

(i) not later than the time of which the non-unionist applies; or

(ii) within the time specified by that employer in any advertisement calling for such applications,

whichever is the later; (c) is able to commence work at the time

required by the employer; and (d) is of the sex to which the work concerned

is allotted by this award or, where the award makes no such provision, by custom.

(6) Subclause (5) of this clause does not apply to a non-unionist—

(a) who holds a certificate of exemption from membership of the union issued, and in force pursuant to section 61B of the Indus- dustrial Arbitration Act, 1912-1966; or



18.—Long Service Leave. The long service provisions published in Volume

45 of the Western Australian Industrial Gazette at pages 15 to 21 inclusive, are hereby incorporated in and shall be deemed to be part of this award.

I certify pursuant to section 65 of the Industrial Arbitration Act, 1912-1966, that the foregoing is a copy of the agreement arrived at between the parties mentioned above.

Dated at Perth this 26th day of March, 1968. [L.S.l (Sgd.) J. R. FLANAGAN,

Commissioner.

Filed at my office this 26th day of March, 1968. R. BOWYER,

Registrar.

WHALING. (Shore Station.)


No. 4 of 1968. Between Australian Workers' Union, Westralian

Branch, Industrial Union of Workers, Appli- cant, and Cheynes Beach Whaling Co. (1963) Pty Ltd, Respondent.

WHEREAS an industrial dispute existed between the abovenamed parties, and whereas the said dispute was referred to The Western Australian In- dustrial Commission for the purpose of hearing and determination, and whereas the said reference of industrial dispute was allocated pursuant to section 54 of the Industrial Arbitration Act, 1912- 1966, to Commissioner J. R. Flanagan and whereas the parties subsequently met and conferred and have arrived at agreement on all matters in difference, and whereas the parties have this day appeared before the said Commisioner by their respective representatives and requested the said Commissioner to make the said agreement an award of the Commission: Now, therefore, the said Commissioner, pursuant to section 65 of the said Act and all other powers therein enabling him, hereby declares the memorandum hereunder written to have the same effect as and be deemed an award of the Commission.

Memorandum of Agreement. (Note: Wherever the word "award" occurs

herein, it shall be taken to mean and include "agreement".)

1.—Title. This award shall be known as "The Cheynes

Beach Whaling Shore Station Award, 1968".

2.—Arrangement. 1. Title. 2. Arrangement. 2A. Special Loading. 3. Area and Scope. 4. Term. 5. Contract of Service. 6. Wages. 7. Hours. 8. Overtime. 9. Rest period after overtime.

10. Shift Work.

11. Holidays. 12. Annual Leave. 13. Sick Leave. 14. First Aid. 15. Time and Wages Record. 16. Preference. 17. Long Service Leave. 18. Special Rates and Provisions.




(b) in all other cases by an amount which bears the same relationship to 60 cents as the ordinary wage rate bears to the basic wage for males, or as the case may be, the basic wage for females.

(2) For the purposes of subclause (1) of this clause and to give effect thereto, wherever a basic wage is prescribed herein it shall be deemed to be increased by 60 cents per week.

3.—Area and Scope. This award shall operate over that area occupied

by the Company at Albany and shall apply to workers classified in clause 6 hereof.

The term of this award shall be for a period of one year from the beginning of the first pay period commencing after the date hereof.

5.—Contract of Service. (1) The contract of service shall be by the week

and shall be terminable by one week's notice given on either side on any day. If the Company or the worker fails to give the required notice, one week's wages shall be paid or forfeited.

(2) This clause does not affect the right to dismiss for misconduct.

6.—Wages. The minimum rates of wages payable to workers

covered by this award shall be as follows:— $

(1) Basic Wage (per week) 33.50 (2) Classification and margin (per week):

(a) Dryer operator 7.60 (b) Separator operator 7.60 (c) Decanter operator ... 7.60 (d) Solubles operator 7.60 (e) Boatman ... 9.00 (f) Driver hygiene .... .... ... 8.60

7.—Hours. (1) The ordinary working hours shall be worked

between Monday and Friday inclusive and shall not exceed forty in any one week or eight hours in any one day.

(2) The meal interval shall not exceed one hour. (3) When a night shift is worked, the ordinary

hours of such shift shall be inclusive of a twenty minute crib time which shall be taken in relays at such times as not to cause a stoppage of work.

74 [17 April, 1968.

8.—Overtime. CD Subject to the provisions of this subelause,

all work done beyond the ordinary working hours on any day, Monday to Friday, inclusive, shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

(2) Work done on Saturdays after 12 noon or on Sundays or on any day prescribed as a holiday under this award, shall be paid for at the rate of double time. Provided that all work done on Saturdays prior to 12 noon shall be paid for at the rate of time and one half for the first four hours and double time thereafter.

(3) Overtime on shift work shall be based on the rate payable for shift work.

(4) A worker required to work overtime for more than two hours, without being notified on the previous day or earlier that he will be so required to work, shall be supplied with a meal by the Company.

(5) (a) The Company may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement.

(5) (b) No organisation party to this award or worker or workers covered by this award, shall 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 the requirements of this subelause.

(6) In the calculation of overtime rates, each day shall stand alone. Provided that, when a worker continues working beyond midnight on any day, the hours worked after midnight shall be counted as part of the previous day's work for the purpose of calculating the rates to be paid.

(7) When a worker is recalled to work after leaving the job he shall be paid for at least three hours at overtime rates.

(8) When a worker is required to hold himself in readiness for a call to work after ordinary hours, he shall be paid at ordinary rates for the time he so holds himself in readiness.

9.—Rest Period after Overtime. (1) When overtime work is necessary it shall,

wherever reasonably practicable, be so arranged that workers have at least eight consecutive hours off duty between the work of successive days.

(2) A worker who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not at least eight consecutive hours off duty between those times shall, subject to this subelause, be released after completion of such overtime until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(3) If, on the instructions of the Company, such a worker resumes or continues work without having had such eight consecutive hours off duty he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

10.—Shift Work. When the work is performed on shifts the load-

ing on the ordinary rate of pay for night shift shall be ten per cent.

11.—^Holidays. (1) The following days, or the days observed in

lieu, shall subject to subelause (2) of clause 8 hereof, 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, Christ- mas 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 the subelause.

(2) Where Christmas Day or New Year's Day falls on a Saturday or a Sunday, such holiday shall be observed on the next succeeding Monday and where Boxing Day falls on a Sunday or a Monday such holiday shall be observed on the next succeeding Tuesday; in each such case the substituted day shall be deemed a holiday without deduction of pay in lieu of the day for which it is substituted.

12.—Annual Leave. (1) Except as hereinafter provided, a period of

three consecutive weeks leave with payment of ordinary wages as prescribed shall be allowed annually to a worker after a period of twelve months continuous service.

(2) If any prescribed holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker 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 as aforesaid.

(3) If after one month's continuous service - in any qualifying twelve-monthly period a worker lawfully leaves his employment, or his employment is terminated by the Company through no fault of the worker, the worker shall be paid one-quarter of a week's pay at his ordinary rate of wage in respect of each completed month of continuous service.

(4) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay or time spent on holidays or annual leave prescribed by this agreement shall not count for the purpose of determining his right to annual leave.

15) In the event of a worker being employed by the Company for portion only of a year, he shall only be entitled, subject to subelause (3) of this clause, to such leave on full pay as is proportionate to his length of service during that period with the Company, and if such leave is not equal to the leave given to the other workers he shall not be entitled to work or pay whilst the other workers of the Company are on leave on full pay.

(6) A worker who is justifiably dismissed for misconduct shall not be entitled to the benefit of the provisions of this clause.

13.—Sick Leave. (1) A worker shall be entitled to payment for

non-attendance on the ground of personal ill- health for one-twelfth of a week for each completed month of service; Provided that payment for absence through such ill-health shall be limited to one week in each calendar year. Payment hereunder may be adjusted at the end of each calendar year, or at the time the worker leaves the service of the Company, in the event of the worker being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred. This clause shall not apply where the worker is entitled to compensation under the Workers' Compensation Act.


(2) A worker shall not be entitled to receive any wages from the Company for any time lost through the result of an accident not arising out of or In the course of his employment, or for any accident, wherever sustained, arising out of his own wilful default, or for sickness arising out of his own wilful default.

(3) No worker shall be entitled to the benefits of this clause unless he produces proof satisfactory to the Company of sickness, but the Company shall not be entitled to a medical certificate unless the absence is for three days or more.

(4) All sick leave unclaimed shall be paid to the worker on termination of employment or at the end of the season.

14.—First Aid. The Company shall provide a first aid chest in

conformity with the scale prescribed by the Fac- tories and Shops Act.

15.—Time and Wages Record. (1) The Company shall keep a record contain-

ing— (a) The names of all workers employed to

whom the award applies. (b) The class of work performed. (c) The hours worked (including overtime) by

each worker; and (d) the wages paid (including overtime) to

each such worker. (2) Such record may be inspected at any time

during ordinary working hours by a duly accredited representative of the Union, and he shall be allowed to take extracts therefrom.

16.—Preference. (1) In this clause—

"the union" means the Australian Workers' Union, Westralian Branch, Industrial Union of Workers;




(a) unless he has already applied for membership of the union in the manner prescribed by the rules of the union, apply for such membership in the manner so prescribed within seven days of receiving, from an accredited representative of the union, a copy of those rules, a copy of this clause and an application form for membership;

(b) upon being notified that he has been accepted as a member of the union, do such things as may be required under the rules of the union in relation to his admission to membership; and

(c) thereafter remain a unionist while so epa- ployed.


(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 61B of the Indus- trial Arbitration Act, 1912-1966;

(b) who, prior to the expiration of the seven days referred to in that subclause, has applied for such a certificate of exemption, unless and until that application is finally determined under that section; or

(c) for the unexpired portion of any period in respect of which he has, prior to commencing employment under this award, paid membership fees on his own behalf to another union.

(4) (a) Where the Secretary of the union has notified an employer that a non-unionist to whom the provisions of sub-clause (2) of this clause apply has failed or refused to comply with those provisions, that non-unionist shall not be retained in employment by that employer for more than twenty-four hours to the exclusion of any well- conducted unionist who is employed by, or who applies for employment with that employer and who is adequately experienced and otherwise competent in the work performed by that non-unionist and is of the sex to which that work is allotted by this award or, where the award makes no such provisions by custom.

(b) Where paragraph (a) of this sub-clause operates so as to require the dismissal of a non- unionist by his employer the provisions of clause 5 of this award are hereby declared inoperative in respect of that dismissal but only if—

(i) a unionist is engaged to commence work in the place of a non-unionist; and

(ii) that the dismissal does not become. effective before the unionist has so commenced.


(a) is adequately experienced in and competent to perform that work;

(b) applies to that employer, for employment on that work—

(i) not later than the time at which the non-unionist applies; or

(ii) within the time specified by that employer in any advertisement calling for such applications,

whichever is the later; (c) is able to commence work at the time re-

quired by the employer; (d) is of the sex to which the work concerned

is allotted by this award or, where the award makes no such provision, by custom.

(6) Sub-clause (5) of this clause does not apply to a non-unionist—

(a) who holds a certificate of exemption from membership of the union issued, and in force pursuant to section 61B of the In- dustrial Arbitration Act, 1912-1966; or


17.—Long Service Leave. The long service provisions published in Volume

45 of the Western Australian Industrial Gazette at pages 15 to 21 inclusive, are hereby incorporated in and shall be deemed to be part of this award.

76

18.—Special Rates and Provisions. (1) Height Money: A worker shall be paid an

allowance of twenty-five cents for each day on which he works at a height of fifty feet or more above the nearest horizontal plane.

(2) Dirt Money: A worker shall be paid an allowance of five cents per hour when engaged on work of an unusually dirty nature where clothes are necessarily unduly soiled or damaged.

(3) Confined Space: A worker shall be paid an allowance of eight cents per hour when, because of the dimensions of the compartment or space in which he is working, he is required to work in a stooped or otherwise cramped position.

I certify pursuant to section 65 of the Industrial Arbitration Act, 1912-1966, that the foregoing is a copy of the agreement arrived at between the parties mentioned above.

Dated at Perth this 26th day of March, 1968. L L S ]

(Sgd.) J. R. FLANAGAN, Commissioner.

Filed at my office this 26th day of March, 1968. R. BOWYER,

Registrar.

A WARDS-Amendment of- BREADCARTERS.

(Metropolitan and Collie.) Award No. 35 of 1963.


No. 61 of 1968. Between Transport Workers Union of Australia,

Industrial Union of Workers, Western Aus- tralian Branch, Applicant, and Bread Manu- facturers' (Perth and Suburbs) Industrial Union of Employers of Western Australia, Respondent.

HAVING heard Mr D. Culley on behalf of the applicant and Mr D. Hosking on behalf of the respondent, and by consent, I, the undersigned, Commissioner of The Western Australian Indus- trial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Breadcarters (Metropolitan and Collie) Award No. 35 of 1963 as amended be and the same is hereby further amended in accordance with the following schedule in the manner following and that such amendment shall take effect as from the beginning of the first pay period .commencing on or after the date hereof.

[17 April, 1968.

Schedule. Clause 6—Wages: Delete subclauses (b), (c) and

(g) and insert in lieu thereof:—

(b) Adult Males (margin over basic wage per week): $

(i) Breadcarters 6.35 (ii) Breadcarters in charge of motor

vehicles 9.70 (iii) Loader placed in charge of

automatic slicing and wrapping machine 9.70

iiv.) Loader 6.70 (v) Yardmen 3.05

(c) Adult Females Loader placed in charge of automatic

slicing and wrapping machine .... 5.70 Loader 2.70

The following provisions shall only apply within a 28 mile radius of the G.P.O., Perth:—

(g) (i) Loaders who are required to commence work before 7 a.m. on any day shall be paid an extra ten per cent, for each day so worked.

(ii) Breadcarters who are required to commence work before 7 a.m. on any day on which delivery of bread is permitted by the Bread Act, 1903-1966 prior to 7 a.m. shall be paid an extra ten per cent, for each day so worked.

CEMETERY EMPLOYEES.

Award No. 28 of 1953. BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION.

No. 1090 of 1967. Between Western Australian Municipal, Road

Boards, Parks and Racecourse Employees' Union of Workers, Perth, Applicant, and the Karrakatta Cemetery Board and the Fremantle Cemetery Trust, Respondents.

HAVING heard Mr P. L. Norris on behalf of the applicant and Mr G. J. Martin on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Cemetery Employees' Award No. 28 of 1953, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


Dated at Perth this 20th day of March, 1968. Dated at Perth this 29th day of March, 1968. (Sgd) J. R. FLANAGAN, (Sgd) D. CORT,

[L.S.l Commissioner. [L.S.] Commissioner.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 17 April, 1968.]

Schedule. Clause 11.—Wages: Delete subclauses (1) and (2)

and insert in lieu thereof:— 11.—Wages.

The following shall be the minimum rate of wages payable to workers covered by this award:—

$ (1) Basic Wage (adult males per week) 33.50 (2) Adult Males (margin per week):

(a) Crematorium operator-in-charge 16.30 (b) Crematorium assistants 12.80 (c) Grave Diggers 11.60 (d) Gardeners 6.75 (e) Maintenance men 4.65 (f) Motor Vehicle Drivers—

(i) Not exceeding twenty-five cwt. capacity 8.60

(ii) Exceeding twenty-five cwt. and not exceeding three tons capacity 10.10

(iii) Exceeding three tons and under six tons capacity .... 11.70

(g) Machine Drivers—Operator-tractor-pneumatic tyred with power operated attachments— (i) Classes 1, 2 and 3 10.30

(ii) Classes 4, 5 and 6 (not including tilting or one man hitch trailer) 12.60

(iii) Over class 6 and up to and including 230 engine horsepower 14.10

(iv) Class 6 with power operated attachments in excess of 230 horsepower 15.20

(h) Drivers of portable petrol driven cross-cut or circular saws 6.70

(i) For the purposes of paragraph (2) of subclause (g) of this clause— (i) Pneumatic tyred tractors up to 230

power take off h.p. are classified as follows:—

Power Take-off Class Horse Power.

1 Up to 15. 2 Over 15 up to 25. 3 Over 25 up to 35. 4 Over 35 up to 45. 5 Over 45 up to 60. 6 Over 60 up to 80. 7 Over 80 up to 100. 8 Over 100.

(ii) Pneumatic tyred tractors over 230 power take off h.p. are classified as indicated in the margins table of this clause.

(iii) Back hoe when attached to a tractor shall be considered as a power operated attachment to the tractor.

METAL TRADES. (General.)

Award No. 13 of 1965.


No. 1094 of 1967.

Between Diesel Motors Pty. Ltd., and another, Applicants, and State Executive, Australasian Society of Engineers, Industrial Association of Workers, and another, Respondents.

HAVING heard Mr D. L. Hosking on behalf of the applicants and Mr M. Jahn on behalf of the State Executive, Australasian Society of Engineers, Industrial Association of Workers and Mr J. Mut- ton on behalf of the Coastal Districts Committee, Amalgamated Engineering Union, Association of Workers and by consent, I the undersigned, Com- missioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1968, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Metal Trades (General) Award No. 13 of 1965 as amended be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 12th day of March, 1968.

(Sgd) J. R. FLANAGAN, IL.S.'J Commissioner.

Schedule. 1. Clause 10—Apprentices: Delete subclause 2 of

this clause and insert in lieu thereof:—

(2) Apprentices may be taken to— Engineering: Patternmaking, electrical fitting,

fitting and/or turning, first class machin- ing, first class welding, electrical install- ing, automative electrical fitting, motor mechanics, motor cycle mechanics, brass finishing, first class electroplating, black- smithing, coppersmithing, scale adjusting, locksmithing, battery fitting, refrigeration fitting, scientific instrument making, fuel injection fitting.

Boilermaking: Boilermaking and/or steel construction work and/or first-class welding.

Moulding: Jobbing moulding and coremaking and/or jobbing brass moulding and coremaking.

First Schedule. 2. Add the following new classification to para-

graph (a) of subclause 2:— Margin per week over basic wage: $

Fuel Injection Fitter 16.70


CORRECTION RAILWAY EMPLOYEES.

Award No. 3 of 1961. (Correction to Order No. 26 of 1968.)

WHEREAS an error has occurred in the copy of the amendment of the above award as published in the Western Australian Industrial Gazette of 21st February, 1968, No, 48, Part 1, Sub-part 1, page 22, the following correction is made:—

Clause 38—Shift and/or Night Work—Sub- clause 3 (a). "Night Shift": Delete reference to "8 p.m," in the last line of this subclause and insert in lieu thereof "8 a.m.".

Dated at Perth this 18th day of March, 1968. R. BOWYER,

Industrial Registrar.

SHOP ASSISTANTS. (Metropolitan.)


INDUSTRIAL COMMISSION. No. 391 of 1967.

Between the West Australian Shop Assistants' and Warehouse Employees' Industrial Union of Workers, Perth, Applicant, and Boans Limited, and others, Respondents.

Before Mr Commissioner D. E. Cort. The 25th day of March, 1968,

Mr R. E. Archer on behalf of the applicant. Mr. D. L. Hosking on behalf of the respondents.

Judgment. THE COMMISSIONER: This is an application by The West Australian Shop Assistants' and Ware- house Employees' Industrial Union of Workers to further amend the Shop Assistants' Award No. 41 of 1961. The parties have agreed to alter several provisions of the award but remain in dispute on its application to wholesale salesmen; the time and wages record to be kept by the employer; the wage rates to be paid to adult females and to male and female junior workers and the right of entry of union officials to the employers' premises.

Dealing first with the claim relating to wholesale salesmen it should be said that generally those salesmen are covered by the provisions of Award No. 72 of 1951 which applies within a radius of fifteen miles from the G.P.O., Perth. The union desires the Shop Assistants' Award to cover wholesale salesmen employed outside of a fifteen mile but within a twenty-five mile radius of the G.P.O., Perth, in the industries mentioned in the Whole- sale Salesmen's Award and also other salesmen employed in the industries specified in the Shop Assistants' Award, if those industries are not mentioned in the Wholesale Salesmen's Award.

In my view the claim raises two questions for consideration. First, should it be granted having regard generally to the provisions of the Act and secondly, has it been shown that there is a real need for wholesale salesmen to be brought within the terms of the Shop Assistants' Award?

The parties may have realised, from what was said during the proceedings, that I am inclined to the view that the first of the foregoing questions

should be answered in the negative but it is not necessary to reach a final conclusion on that matter. It follows that, irrespective of the provisions of the Act, I would answer the second question in the negative.

In an application to amend the provisions of an award the onus is placed squarely on an applicant to show the need for such an amendment and, in contrast to the considerable evidence brought by the applicant in relation to other matters in dispute, no evidence was produced to support this claim. However, in order that there may be no misunderstanding, it should be said that it seems likely that, the union may have had regard to what was said during the proceedings and decided not to press the claim. Finally, I am fortified by the knowledge that the union is able to seek a new award for all wholesale salesmen and if salesmen are being treated unjustly, then, no doubt, a reference of industrial dispute will be filed with the Commission.

In view of the foregoing I feel it desirable to leave the wording of clause 24—Exclusions—ûn- altered. Although the parties have agreed to change the clause it does not appear to make sense in that the Wholesale Salesmen's Award does not cover storemen and others mentioned therein.

I turn now to the claims to amend clause 19— Time and Wages Record—and clause 30—Right of Entry. The union asks that a worker's full name and address be recorded in the time and wages record and that accredited representatives of the union be permitted to interview workers during working hours without restriction but not so as to unreasonably interfere with the performance of work.

These claims were related one with the other and Mr Archer submitted each should be granted to overcome problems experienced by union organisers. It was alleged that, although those organisers generally received every assistance, they were frustrated in some instances by the actions of certain employers. It was suggested that, if the claim were granted, union officials would be helped in the performance of their daily tasks. Evidence was given by Organisers Higgins, Beard and Skipper and by Mr Archer.

It is not intended to review that evidence in detail but it is possible to make two general observations thereon. First, the main "problem" of the Organisers seems to arise when it is intended to approach workers regarding union membership and secondly, it is clear that the provisions of the award are already sufficient to overcome most of the difficulties mentioned. It should be remarked that clause 27.—^Preference of Employment— requires workers to become members of the union and the union is able to take action against those workers who refuse to comply with that provision. In 1964, the Commission approved the concept of preference to unionists (44 W.A.I.G. 513) but did not place an obligation on the employer to require his workers to join the relevant union. In other words, the question of a worker joining a union arises between those directly concerned and not with the employer unless a non-unionist is employed to the exclusion of a well-conducted unionist.

With the foregoing in mind and, subject to what remains to be said, the clauses will be altered to require the address of a worker to be shown for in this way a worker may be identified for all purposes of the award and union officials will be given


a right of entry to the employer's premises to in- spect the work being performed but not to interview the workers performing that work. It is usual to find this right of entry in awards of the Commission and the evidence supports its inclusion in this award. It was not shown that the circumstances of this industry were such to require a special provision to be included in the award as is the case in a few awards operating in this State.

In respect of certain matters raised in the proceedings it should not be necessary to mention that an employer and a worker contract one with the other in relation to the work to be performed during certain hours for a specified wage. That common law contract is governed to some extent by provisions of the award and it is not unreason- able for an employer to require work to be done in accord with that contract. If a worker has another "contract", for example, with the union, then, generally speaking, those duties should be carried out at another time. Furthermore, in an industry where a worker is in contact with the public, that worker must be able to give his attention to the work and not be engaged in what may become a heated conversation with a union official regarding payment of union fees. It is in the nature of things that some workers will try to avoid union membership with its financial obligation and it is appreciated that unon officals do not have an easy task. However, in my view, the union has been given every reasonable assistance in this matter and an employer should not be required by award to help the union further on the question of union membership. It is also noted that the union has made little or no attempt to take action against workers who fail to join the union or to maintain financial membership.

Before I leave this matter of preference to unionists it is desirable to record that clause 27 of the award is not worded in the same way as the clause usually adopted by the Commission for the purposes of its awards.

It remains to deal with the principal matter in dispute between the parties, namely, the wages to be paid to adult female workers and to junior male and female workers.

Shortly stated, the union claims that each adult female worker should be paid the same total wage as a male worker in the same classification and that male and female junior workers in each age group should be paid the same percentage of the wage prescribed for adult workers. In reply the employers contend that the wages at present prescribed for all of these workers should remain unaltered. Both the union and the employers agree that the existing wages for adult male workers should continue and it is that agreed wage that indicates the extent of the dispute between the parties.

Under the existing award, adult male workers are entitled to a wage of $42.50 per week if shop assistants and to $41.50 if storemen, packers or despatch hands and the union claims that these rates should be paid to adult female workers. In support of the claim Mr Archer submitted that female workers employed in the industry under review performed the same work as male workers and therefore should be granted equal pay; that the claim was in accord with the principle of comparative wage justice in that in other States female workers are paid male rates of pay (but only in some shops or departments) and in several of those States other female workers are paid (21—42412

the same marginal rate as male workers and finally, that the economy of the State was such that it could support the claim. Evidence was called from a number of witnesses on the work performed in the industry and that work was viewed in a number of establishments.

The issue between the parties raises questions of considerable importance and in order that those questions may be appreciated it is desirable to refer briefly to the past fixation of wages in this industry. The union submitted an exhibit showing the marginal rates prescribed for shop assistants in various awards since 1929 and it is convenient to mention certain of the amounts set out in that exhibit. However, before doing so, it is recorded that, except in relation to the application of certain National Wage formulae in this State, the marginal rates for both male and female shop assistants have been fixed by agreement between the parties since at least 1920.

In 1929 (9 W.A.I.G. 24), a male shop assistant, wherever employed, was in receipt of a margin in excess of the male basic wage equivalent to $1.25 compared with one of $2.32 for female shop assistants in grocery departments or shops; $1.71 in soft furnishings, manchester, dress and silk departments or shops; $1.32 in hardware, furniture, carpet and dairy produce, house furnishing, saddlery, sporting materials, men's clothing, mercery and men's boot departments or shops and 81 cents in all other departments and shops. Those margins for female workers were paid in excess of the female basic wage which was then 54 per cent, of the male base. By 1948 (28 W.A.I.G. 511), margins had risen to the equivalent of $2.50 for male shop assistants and $3.46, $2.78, $2.41 and $1.89 respectively for female shop assistants. In 1951, when the female basic wage was increased by $1.74, with no change in the male basic wage, the 1948 margins for females were decreased by a like amount but shortly thereafter (31 W.A.G.I. 688) the parties agreed that female shop assistants, wherever employed, should be paid a margin equivalent to $2.65 and, at the same time, agreed that male shop assistants should be paid a margin equivalent to $3.25. This was the first occasion upon which an "average" margin was prescribed for all female shop assistants. The principle of fixing such a margin is still in force and the parties now agree that the one wage should be prescribed for male shop assistants irrespective of the type of department or shop in which those assistants are employed and, notwithstanding the evidence to which a reference will be made later, each of the parties ask that an "average" wage be prescribed for all female shop assistants again irrespective of the department or shop involved. The margins continued to increase after 1951, although in 1960 the margins for female workers were reduced by the equivalent of $2.81 when the female basic wage was increased by that amount to 75 per cent, of the male basic wage. At the moment the margins are $8.40 and $6.10 respectively for male and female assistants and slightly less for store workers.

It is against this background that the Commis- sion is asked to increase the wage for all female shop assistants from $31.83 to $42.50 per week (for convenience, reference will now be made to shop assistants only even though other female workers are involved), and in a situation where, in recent years, the Commission has dealt somewhat exten- sively with rates of pay for female workers. The relevant decisions on those matters have been studied with care and the parties will realise that a substantial part of what is to follow is taken from those decisions.


Along with other questions, the concept of equal pay for male and female workers has been considered and as recently as the 30th October, 1967, the Commission, as presently constituted, refused to grant equal pay on an application by the Shop Assistants' Union (47 W.A.I.G. 1050). This decision is mentioned as in some respects the basic submissions put in this matter are little different from those raised in that 1967 application. How- ever, in any event, the circumstances of this application are such that it seems desirable to deal at somewhat greater length with the questions involved than was the case in that application.

First, as to jurisdiction, this Commission has the power to award the male rate of pay to female workers. It has said that it would do so in a proper case but that, in view of the provisions of the Industrial Arbitration Act relating to the fixation of a basic wage to be paid to female workers, a case would not be a proper one unless special or exceptional circumstances were involved. This was recognised by the union and Mr. Archer submitted that a special circumstance did exist, but before dealing with that circumstance a reference needs to be made to the provisions of the Industrial Arbitration Act and, in general terms, to the fixation of the basic wage and marginal rates.

Part VII of the Act deals with the basic wage and thereunder a different and lower basic wage is fixed for female workers than for male workers. In that same Part, section 127A makes it obligatory for awards and industrial agreements to prescribe and distinguish separately—(a) the basic wage to be paid to adult male workers or to adult female workers and (b) other wages, allowances or additional remuneration. It seems obvious that when workers do the same work, under identical conditions and circumstances, the "other wages, allowances or additional remuneration" should be the same for both male and female workers. Next, in the light of the provisions of the Act, there would need to be a substantial reason for the "other wages" of the female worker (or of the male worker) to be fixed at a different level from that of the male (or the female) worker. It follows that the Commission should not fix a higher margin for a female because the Legislature has fixed a lower basic wage for that worker unless the circumstances are out of the ordinary. This matter was dealt with by Mr Commissioner Kelly in a Dairy Factory Decision dated the 24th September, 1965, (45 W.A.I.G. 771) and in an appeal against that decision by the Commission sitting in Court Session. (45 W.A.I.G. 954). Since then, Part VH of the Act has been amended by the Industrial Arbi- tration Act Amendment Act, 1966, but I am of the opinion that the amending Act strengthens the statement in the 1965 decision "that to grant equal pay in the circumstances posed in the question would amount to a circumvention of those provisions (relating to the basic wage) and would be contrary to the policy of the Act".

In this respect, in 1965, the Commission sitting in Court Session had jurisdiction to determine and declare a basic wage to be paid to male workers and a basic wage to be paid to female workers. Those basic wages were fixed at the discretion of the Commission at amounts considered to be just and reasonable for the average worker to whom it applied and took into account the domestic obligation to which that worker, living in reasonable com- fort, would be ordinarily subject and the economic capacity of industry and any other matters which the Commission deemed relevant and advisable. The Commission last declared a basic wage on the

24th October, 1966. It was late in that year that the Act was amended so that the basic wages for adult male workers and adult female workers would be at the level of the basic wage determined from time to time by the Commonwealth Conciliation and Arbitration Commission. The Commission, as constituted by a single Commissioner, has no jurisdiction to alter the basic wage, nor did that jurisdiction exist in 1965. If in 1965 it were wrong, as I think it was, for the Commission so constituted to act under the general powers conferred by the Act to, in fact, cause an alteration in the female basic wage, then, in 1968, it is obviously wrong for that Commission to so act in the face of the Legislature.

Secondly, although it may be said that the principle of equal pay for work of equal value is gaining recognition there may be some misconcep- tions in regard to that principle. In the 1965 Dairy Factory Appeal Case the then Chief Industrial Commissioner and Mr Commissioner Flanagan

It is quite evident therefore that, without substantial amendments to the basic wage section of the Act, any attempt, by other variations or additions, cannot achieve "equal pay" in the sense that it is commonly and popularly used. Unless the basic wage provisions are also varied, then it is most apparent that other amendments could only result in creating further anomalies throughout the entire system of female wage regulation. From this it should not be assumed that we are suggesting any alteration to the provisions relating to the basic wage. That is a matter for the parties and the legislature. The implications involved, on a national level, obviously become more pronounced when considered solely on a State basis. Those implications involve a complete breakaway from the concept of needs and social responsibilities in wage fixation; consideration of serious social and economic issues, including capacity to pay, prices and costs; the effect on the level of male wages, and equally important the ultimate effect on the employment of females, and make this matter an issue on which an industrial authority should not attempt to give a lead by exercising its discretionary powers in the manner suggested. (45 W.A.I.G. 954 at p. 960.)

Some work in industry happens to be performed by both male and female workers and there is no doubt that in some instances the female is as capable or more capable than the male. However, this on its own does not necessarily entitle a female worker to the male rate of pay under the "equal pay principle". I hold the view that in the imple- mentation of such a principle it is necessary, in the first instance, to determine the true value of the work and then to express that value as a total wage to be paid irrespective of the level of the male basic wage which the Commission is required to prescribe. For example, in the present case, it cannot be said that the work of a shop assistant is or has been the sole province of the male worker or that it is work which has been valued at the level of the total male rate of pay. Therefore the question arises as to whether the true value of that work is, say, the $31.83 now payable to a female or the $42.50 payable to a male, or some other amount. It is relevant that of the $42.50 now prescribed for a male shop assistant, nearly 80% of that amount is on account of the basic wage of $33.50. That basic wage had its genesis in the 1964 Decision of the Commission in Court Session (44 W.A.I.G. 545) and was fixed


without regard to the value of the actual work performed by a shop assistant except, perhaps, to the extent that the work may have contributed generally to economic capacity as a whole. True, the basic wage is no longer fixed having a direct regard to the domestic obligation of the worker but so little time has passed since it was so fixed that this aspect cannot be ignored in considering the level of the male rate of pay.

Thirdly, it must be borne in mind that in the fixation of marginal rates regard is paid to the "skill" and the responsibilities of the "average worker" in the classification involved and the total wage of a worker performing work which carries no "skill" or responsibility is not overlooked. It is not possible to compare the work of a male shop assistant in a particular department or shop with that of a female shop assistant in that same department or shop and then to conclude that the comparative "value" of the work is the same for male and female assistants at large in all departments or shops. Whilst this latter statement may appear to be somewhat trite it is particularly pertinent in this matter when the Commission is asked to fix an appropriate marginal rate for the average female shop assistant irrespective of the department or shop in which she is employed and when evidence is given of male and female shop assistants working alongside each other in a particular department or shop.

I turn now to consider the special circumstance raised by the union in support of the claim. That circumstance is "that females employed in the retail trade are paid equal total wages in all States of the Commonwealth except W.A.". Such a submission really raises the application of the accepted principle of comparative wage justice and it is proper to draw attention to the basis upon which this principle is given application. In a 1964 Government Printing Office Case (44 W.A.I.G. 265) an attempt was made to summarise the many decisions on the principle in the following terms;—

(a) In paying regard to the specific conditions in these Eastern States awards it is prefer- able for a "standard" condition to exist if it is to be introduced in this State. For example, if in each of the other States the margin . . . was £6 17s. 6d. per week, . . . extremely good reasons would have to be evident to cause that claim to be rejected.

(b) . . . this Commission, . . . will not automatically introduce a provision into its award merely because it applies in an award in another State . . . the first requirement placed upon the party seeking a change in an award prescription to show that the existing practice or award prescription was unjust or had been abused to such an extent to necessitate an alteration to the award. In my opinion, when that first requirement has been met regard can then be paid to the Eastern States awards to ascertain whether a provision of one of them should be introduced to overcome the condition found to be un- reasonable.

(c) When Eastern States awards contain differing provisions, greater weight should be given to the provision inserted by an industrial authority, more particularly when reasons for decision are given which are consistent with the principles followed in this State. . . . The Pulp and Paper De- cision reported in Volume 39 W.A.I.G. p.

663 is relevant in that whilst the Court generally applied the terms of an agreement between the union and the employer applicable in other States to employees of that employer in this State it did not include in its award those provisions which it considered were inconsistent with its principles. . . .

(d) When regard is paid to an Eastern States award, that award should be considered as a whole and not only in respect to its most favourable provisions. In all awards many conditions prescribed therein are related and to select only one of the conditions could well distort the comparison intended.

and to that extract I would add another from a Meat Industry Case (47 W.A.I.G. 751 at p. 752) —

Comparative wage justice is an important factor to be taken into account in fixing marginal rates but only in accord with certain well established principles referred to in num- erous decisions reported in the Gazette, but more recently in the matter of the metal trades industry (46 W.A.I.G. 707) and the appeal thereon (46 W.A.I.G. 823) and the building trades industry (46 W.A.I.G. 766). The rate of pay in one award should not be accepted as a guide to a rate to be awarded in another unless the Commission is satisfied that the work in each case is fairly comparable. Even then, other conditions of the award need to be studied so that a true comparison is made, not only with that other award but in order to avoid the creation of anomalies and incon- sistencies within the award under review. . . . Finally, in looking at another award, it is necessary to consider the circumstances under which it was made and the principle upon which the rates and conditions prescribed therein were fixed to ascertain whether those circumstances and principles form a proper basis upon which this Commission should act.

At this point it should be made clear that, in the other States, all female shop assistants do not receive the male rate of pay in that it is paid to females employed in a restricted number of departments or shops. Therefore, the "special circumstance" raised by the union does not exist in such a way to support the claim as filed. In this industry the position is somewhat different but certainly less "persuasive" than the one in the passenger carrying industry when the payment of the male rate to conductresses in the other States of the Commonwealth (except South Australia) was not regarded as a special circumstance sufficient to cause the male rate to be awarded (44 W.A.I.G. 874). In that matter the Commission looked to the background of those rates and it is proper to do so in this application.

In Queensland, male rates have been paid since at least 1924 to females employed in the manchester, dress and silks, men's and juvenile clothing, mercery, draper-y, furnishings, grocery or furniture departments or in a grocery shop or in a furniture shop or in an ironmonger's shop in the Brisbane district. (9 Q.I.G. 53.) It appears that a similar provision first appeared in a 1915 Shop Assistants' Award at a time when no female employees were principally employed on the work.


It is relevant to observe that in a 1960 case deal- ling with the payment of male rates to female assistants in the Northern areas of Queensland, the Full Bench of the Industrial Court of Queens- land stated—

. . . However after the First World War had started. Parliament introduced an important principle into industrial relations in Queens- land, in so far as the wages of females were concerned.

"The Industrial Arbitration Act of 1916", contained the following significant provision and the same provision now appears in the current Act:—

"... the Court may make an Award with reference to a calling or callings—

(i) Fixing . . . the lowest prices for their work or rates of wages payable to employees . . .

Provided that in fixing rates of wages in any calling—

(a) The same wage shall be paid to persons of either sex performing the same work or producing the same return of profit to their employer . . ."

This lays down a principle of wage fixation to be followed by the Court. (45 Q.I.G. 1251 at p. 1252).

In New South Wales, male rates of pay were first prescribed for female assistants in 1937. Several extracts from decisions of the New South Wales Industrial Commission are informative. First, the 1937 decision—

... It was claimed that the goods sold in these departments had, in the past, almost exclusively been handled by male shop assistants, but that of recent years the practice had been growing up of employing women and girls in these departments, thus ousting or preventing the employment of men and youths.

Material was placed before the Commission . . . which showed that, in the case of many retailers, a very low percentage of males was employed and that, too, in the sale of goods generally sold by male shop assistants. This practice of a limited number of retailers in the beginning forced others, however desirous they might have been of employing men and youths, to do the same and make use of the cheaper labour in order to meet resulting competition. It seemed, however, to the Com- mission that the mischief sought to be remedied by the unions would not be cured by the provisions contained in the applications . . . the Commission realised that the problems presented might best be solved by allocating the work available between males and females according to the classes of goods handled. Accordingly, we proceeded to divide the various departments into three classes namely, men's departments, women's departments, and departments common to both men and women. In the first class, shop assistants whether males or females should be paid male rates; in the second class, an employer should be entitled to employ all female shop assistants: and, in the third class, not less than 50 per cent, of the shop assistants employed should be males. . . .

We think that the sale of certain goods and classes of goods in retail shops is in some cases quite unsuitable work for women, in

others more suitable for men than women, in many cases again quite unsuitable for men or much more suitable for women than men. . . .

We have decided on the present applications that the proper course for us to take is to insert in the award a clause providing that (a) shop assistants employed in the sale of certain specified goods such as groceries, men's clothing, hardware, shall be paid at the rates prescribed for males ... (36 N.S.W.A.R. 456 at pps. 478 and 484).

Then in a 1940 Shop Assistants' Case it was said:—

. . . The contention now placed before us is that not only should the same wage be paid to "persons of either sex performing the same work or producing the same return of profit or value to their employer," but that . . .

and after dealing at some length with the provisions of the Act relating to the basic wage, the decision continued—

Another legislative aspect of the matter must now be referred to and considered . . . By the amending Act No. 14 of 1926, the definition of "Industrial matters" . . . was amended to include "any claim that the same wage shall be paid to persons of either sex performing the same work or producing the same return of profit or value to their employer." . . . The provision introduced by the Act of 1926 was considered by the Commission in In re Hairdressers, &c., Females (State) Award (1929) A.R. 39, where the following passage appears at page 42:—

Now, apart from special circumstances, the usual method of fixing the amount of the wage to be awarded to any particular class of employees, is to assess the amount which is to be taken as an adequate margin over and above the current living wage, either for the skill involved in the work or for its nature or the conditions under which it is carried out, and by adding that determined margin to the current living wage an amount is obtained which is regarded as the minimum fair wage to be awarded. This principle is applied both to wages for male employees and wages for female employees, but as the Act requires a separate living wage to be fixed for female employees, and that wage has always been fixed at an amount less than the living wage for adult males, this system has resulted generally in lower wages being awarded to females. That the Legislature contemplated a differentiation is clear by the fact of the provision for a male living wage and a female living wage. By the amending Act of 1926 the definition of "Industrial matters" in section 5 of the principal Act was amended by adding subclause (g) thereto in the following terms:—

any claim that the same wage shall be paid to persons of either sex performing the same work or producing the same return of profit or value to their employer.

Now this section only permits such a claim to be regarded as an industrial matter, and therefore within the competency of a committee or this Commission to determine, but no indication is given by the Legislature as to how the discretion of the committee or this Commission is to be exercised. The female living wage is still retained as an integral part


of the system of wage fixation, and in our view this method described above still remains the prima facie method of determining the amount of any wage to be awarded to females. The Commission is bound to entertain an application for the male rate to be awarded to females under the defined conditions, but it must exercise its discretion in the light of all the circumstances of each case.

The Commission's view respecting the principles proper to be applied when considering an application for equal pay for the sexes under the power expressly conferred by the Act of 1926 was pronounced in clear terms in 1929. At that time the Industrial Arbitration Act also provided for a different basis for the assessment of rates of pay for females from that provided for rates of pay for males. The Com- mission took the view . . . that the intention of the Legislature was to retain the female living wage as an integral part of the system of wage fixation, and that the method of assessing female rates of pay upon the basis of the female living wage still remained, prima facie, the method of determining the amount of any wage to be awarded to females. ... A separate and lower basis for the assesment of female rates of pay is still prescribed as an integral part of the system of wage fixation in this State. Moreover, there would appear to be still stronger support for the application, at the least, of the same principle, since, as we have pointed out, the very purpose and intention of the Legislature in passing the Act in 1937 was to achieve and maintain uniformity, so far as the basis for assessment of wages is concerned, with the basis adopted and to be adopted by the Commonwealth Court. ... (39 N.S.W.A.R. 198 at pps 199 and 204)

and finally in the 1959 Equal Pay Case held to consider the 1958 legislation which directed the Commission to award equal pay in certain circumstances:—

... It appears to have been not unusual in some industries for male rates to be awarded to females engaged on work normally regarded as male work, but no reported case has come to our notice where the basis of the jurisdiction so to award was considered. Where it could have been shown that the female "persons" concerned were performing the same work or producing the same return of profit to their employer, the jurisdiction to award equal rates of pay would no doubt have existed pursuant to the power to determine "Industrial matters" as defined. This may have been the basis for the decision of the Commission in In re Shop Asistants (Metropolitan) Conciliation Committee (1937 A.R. 456 at p. 484) that there was jurisdiction to prescribe that the same wages shall be paid to persons of either sex where the particular issue had been whether equal pay could be prescribed for male and female employees working in "men's departments". . . .

It is plain that, in their practice of fixing wages for female employees, the tribunals under the Industrial Arbitration Act have uniformly acted on the view that the statute has prescribed, as an integral part of the system of wage fixation in this State, a female basic wage which is to be adopted for the assessment of rates of pay for females and which is separate from and lower than the amount of the basic wage prescribed as the

basis for the assessment of the rates of pay for males. In the result, it has been exceptional hitherto for awards to be made fixing equal total rates of wages for males and females performing the same work. (58 N.S.W.A.R. 470 at pps 474-5.)

Following the aforementioned 1937 decision, female shop assistants became entitled to the male rate of pay if employed in any department or shop in the sale of groceries, men's clothing, used clothing, hardware, furniture, carpets and linoleum, manchester, mercery, men't hats, youths' hats, men's footwear, youths' footwear, sports goods, saddlery and trade grindery, wireless sets and equipment, motor vehicles and motor vehicle accessories and bicycles and bicycle accessories. Subsequently, as a consequence of the equal pay legislation that list of goods was extended.

In Victoria, the position is somewhat compli- cated in that a number of Wages Boards deal with sections of the retail trade. However, the Drapers' Board has been selected to indicate the period over which certain female assistants have been entitled to the male rate. It is to the point that Mr Archer suggested that this Board was one of importance and influence.

In 1920, the Drapers' Board held an appointment to deal with persons employed in the business of a seller of goods usually sold by drapers or haber- dashers including mantle, costume, millinery, gloves, stockings and underclothing and in that year saleswomen in dress, manchester, drapery, furnishing, prints or silk departments were granted the male rate of pay whilst other saleswomen received a much lower rate. In 1965, those other saleswomen were granted a wage increase so that the margin in excess of the female base was the same as that prescribed for the male assistant for the reason that "there is no aspect of a sales- woman's work which makes it less skilful in the broad sense relevant to a marginal fixation than that performed by a male. Each sex, for reasons of delicacy, is exclusively engaged in some department in selling to persons of the same sex but the overall impression, which emerges from the evidence and inspections, is that the skills required and the duties performed are substantially the same for both sexes".

Other departments or shops in which male rates are prescribed for female assistants in Victoria are furniture, motor requisites, grocery and hardware.

Finally, in relation to South Australia, it appears that since at least 1928, female assistants selling in the dress, manchester, drapery, furnishing, prints, men's clothing or mercery departments have been entitled to the male rate of pay. Male rates have also been paid in other departments and it is possible to refer to decisions of the South Australian industrial authority in order to gain an appreciation of the position.

The fh-st of these decisions is in connection with an application in 1952 by employers to delete a provision which required the male rate to be paid to certain female shop assistants. It was there stated:—

In an award of 21st May, 1936, for shop and warehouse employees at Port Pirie, there was provision ensuring to "female assistants employed in selling in grocery, mercery and men's clothing departments" the same wage as males. (v.14 S.A.I.R.12). That provision was inserted


"by consent" of the parties to that award, but only a very few of the present applicants were parties to that award . . .

The fact that some of the present employer applicants may have consented to clause 6 of the existing award is not, of itself, a sufficient reason for repeating it in a new award at the request of the respondent Union. (See Gawler Shop Assistants Case, 12 S.A.I.R. 226). In the Public School Teachers Case (18 S.A.I.R. at pp. 140-141) Mr President Morgan said: "The principles which this Court has applied to the fixation of women's wages where women do the same class of work as men have been con- stant for at least the last twenty years. . . . The cardinal rule may be stated thus—that unless the industry is one where it is desirable that men should be kept in employment, and there is a real danger of their being competed out of employment by women labour, the wage rate payable to women doing the same class of work as men should be fixed by adding to the woman's living wage the same margin as has been allowed to men above the man's living wage for the class of work in question. . . . that cardinal rule has never been de- parted from since the Furniture Board Case by this Court, though its application has been modified where particular conditions in an industry under consideration have justified such modification." In considering that statement it must be kept in mind that since the Full Court's opinion expressed in the Clerks (Marginal Rates) Case (No. 2) in May of this year (v. p. 31 ante), prima facie the wage rates for women doing the same work as men will be ascertained by adding to the living wage for women seventy-five per centum of the margin which was added to the living wage for men when fixing the_men's wage. But I am not aware that this Court has ever suggested that females doing the same work as males should be awarded the same wage for any reason other than that referred to in the Printing Trades Case—that "it is desirable that men should be kept in employment, and there is real danger of their being competed out of employment by women labour-"; and in that case it was said (at p. 53) that where the prima facie rule with respect to the fixation of females' wages was challenged, "evidence should be adduced to show that it is desirable having in view the interests of all parties and of the community, that men should be retained in that industry or grade . . ."

The only evidence before me seems to suggest that owing to comparatively limited op- portunities for employment at Port Pirie there is a danger of some male shop assistants being competed out of employment if a lower rate than that for the male be fixed for female doing the same work. There is before me no evidence on the part of the applicants which controverts the evidence given by the respondent Union's witness Lines. On that evidence some men who are employed in the sale of groceries might be competed out of employment, but no particular evidence was directed to any other classes of goods covered by the section. Although I might have some doubt whether men other than those engaged in the sale of groceries would be competed out of busines by women if I rescind the clause, yet the presence of the clause itself and the evidence (meagre as the later is) suggests that

they would be; and the fact that the clause found a place (by consent of the parties) in the existing award suggests that it was thought when that award was made that in the interests of the parties and of the community it was desirable (so far as Port Pirie is concerned) that men should be retained in the particular employment to which the clause relates. In the circumstances I think that, until the employers satisfy the Court that the existing condition of employment now under discussion cannot be justified on principle, it should not be removed. I propose to include the clause in the new award. (25 S.A.I.R. 123 at p. 130.)

Next, in 1958, the Shop Assistants' Union made application to amend the Country Award to provide for equal pay and it was said:—

Finally I turn to the third of the questions which fall to me for decision, namely, whether male rates of pay should be awarded to females selling certain types of goods.

The clause claimed is as follows:— Male Rates for Certain Females. Females employed in the sale of gro-

ceries, men's clothing, mercery, men's boots and shoes, or furniture, or employed in departments principally devoted to the sale of builders' hardware, sanitaryware, tools of trade, saddlery and ironmongery (excluding kitchenware) shall be paid the same rates as are prescribed for males.

This clause seems to be the same as that included in the current Port Pirie Shop and Warehouse Employees award under the head- ing of "Male Rates for Certain Females". That provisions in its present form has found a place in the Port Pirie Shop and Warehouse Employees award since 1947 and was so inserted by consent of the parties. Actually a similar provision but with a more restricted coverage of merchandise was first inserted in the Port Pirie award for shop assistants, etc., by consent in 1936.

In the current determination of Shop Board No. 1 the same sort of provision has-been inserted although the classes of goods, which, if sold by females, attract the male rate of pay, are not the same as those prescribed by the current Port Pirie Shop and Warehouse Em- ployees award referred to above.

There are in evidence before me determinations of wage fixing tribunals of other States which also prescribe the male rate of pay for females selling a wider variety of goods than is fixed by tribunals in this State, although it is not easy to understand the justification in every case for such prescriptions? What, then, should be the guiding principles in these matters? The question was to some extent considered by me in the Port Pirie Shop and Warehouse Employees Case (25 S.A.I.R. 123 at p. 131).

So far as the present application is concerned, I indicate that I propose to adhere to the same principle ... I anticipate that in some cases it would be difficult to decide what the interest of the community might actually be. Suppose, for example, in a country town there is a factory which is able to absorb the available male labour. Could it be said that because females were employed as shop assistants that men were being competed out of such work? Moreover, difficult questions can


arise, particularly where efficient male labour for shops in towns in the country is not available, whereas more efficient female labour is. In such a case, efficiency would win the con- test and the inefficient male applicant would not get the job which is available, irrespective of whether females had to be paid the male rate or not. The provision for payment of the male rate to females in certain cases will never satisfactorily solve the real problem underlying the matter now under review when efficient male labour is inadequate. In some cases a prohibition of the employment of females in shops might be the only effective remedy.

. . . the problem of competing out has never been really thoroughly investigated but I adhere to it as the basis of justification for awarding male rates of pay for females in certain cases although the question is fraught with difficulty. In a clear case I would not hesitate to act in the public interest. I think, to, that the Court may have to take some action to discourage females from accepting work for which they are not suited such as that where the lifting of heavy articles or merchandise is involved. In such a case it might be that a prohibition of the employment of females is the appropriate remedy, but circumstances could arise which might justify the payment of a male rate of pay to females. Unless justified on the grounds of (a) competing out or (b) discouraging employers from accepting females for types of work for which they are not suited or which are not appropriate for them to do, I would not generally award the male rate of pay for females in this industry. There may be other grounds which justify the payment of the male rate to females but at the moment I am not aware of them and I take the matter no further in this application.

There is in the present case no evidence upon which I could come to a finding that men are being competed out of work in this industry in the country by females and under those circumstances I feel unable to award the clause as claimed. (28 S.A.I.R. 89 at p. 95.)

and finally in the matter of appeals against a determination of the Shop Board the Full Court dealt with the question on the 1st March, 1962. In that matter the employers applied to the Shop Board to have all the provisions prescribing male rates of pay for female shop assistants deleted from the award. The effect of the decision was to allow the employers' application as regards grocery shops but to refuse it as regards other shops. Both the employers and the union appealed against the decision and, after dealing with the principles upon which wage rates had been fixed for female employees, the Full Court reviewed the submissions of the parties and in relation to the employers' appeal said—

In addition, the employees' representatives tendered certain statistics relating to the general unemployment situation in Australia as a whole and in South Australia. That there is at present a certain amount of unemployment in industry generally cannot be de- nied. . . .

As we have stated more than once, in the classes of occupations we are at present considering, females are already in receipt of male rates of pay. Having regard to the present

unemployment situation, it is almost impossible to predict with any feeling of certainty what would be the effect on employment in the classes of occupations we are now considering if the relationship between male and female rates of pay were suddenly altered so as to make female rates substantially lower than the rates payable to their male counterparts.

But for the general unemployment referred to above and the fact that an alteration of the present relationship of male and female rates of pay might in such circumstances induce a situation where males, the traditional bread- winners of the family, could not find any employment whereas females, who, generally speaking, do not have the same family responsibilities as males, were in employment, we might have felt compelled to alter the present prescription and fix the relationship between male and female rates, for the occupations concerned, at the percentage normally adopted by the Court in fixing female rates of pay, namely, 75 per centum.

However, we cannot ignore the evidence concerning unemployment. We point out that one of the functions of the Court is to protect the interests both of employers and of employees. If the relationship between the rates payable to male and female employees in the classes of occupations we are considering were suddenly changed at the present time so that the rates payable to females were substantially lower than those payable to males, we feel that male employment could be adversely affected. In our opinion this would be opposed to the public interest in the broad sense.

Having regard to the present state of the employment situation, therefore, we are not prepared to say that the Chairman of the Industrial Board erred in refusing to alter the existing relationship, which, we point out, has continued for approximately 40 years. ... we feel that little harm can be done by continuing that relationship at least until such time as it can be altered without the present fear that the effect would be to cause additional unemployment as regards males at present employed in the industry. In making this statement, we emphasise that if we had felt satisfied that any males who might have been displaced from this industry as a result of a reduction in female rates could have been readily absorbed into other industries, we would probably have been prepared to alter the existing relationship.

We have also given consideration to the provisions in awards and determinations operating in other States, but point out that, particularly as the provisions are not identical in each State, they should not be followed if to do so was opposed to the principles of this Court discussed earlier herein.

In our opinion different considerations might apply if the employees were seeking to establish male rates of pay for female shop assistants for the first time, but of course, we are, in this case, considering the complete reverse of such a situation.

In brief, we do not consider that, under normal circumstances, male rates should be required to be paid to female shop assistants as regards the occupations we are considering, but, having regard to the history of the industry, the fact that there is no evidence of


any vital change in the structure of the industry, and the general employment situation, we are not of the opinion that the existing relationship between male and female rates should be disturbed at the present time.

For the above reasons, this portion of the employers' appeal is dismissed. . . .

In considering the union's appeal, the Pull Court said—•

It is to be remembered that from very early times in the history of this Court, female employees in the grocery section of this industry have consistently—except for one period of fairly short duration—received the male rate for such work. It is true that female employees do not normally carry out all the work expected of male employees, for example, the lifting of heavy weights. However, it could not be expected that females should perform such work and indeed, there may be other aspects of the work that they are not expected to perform, though we are not aware of any. The evidence before the Chairman of the Board seems to establish or at least strongly suggest that in this section of the industry also, male employees are more efficient and effective than females and that if efficient male labour were available, such male labour would be employed in preference to female labour. The original reasons for fixing the same rate of pay for females as for males in this section of the trade were not brought to our attention. We cannot, however, ignore the fact that such a provision was included in determinations for many years prior to the making of the determination under appeal. It may be pertinent to add, too, that the awards of other States indicate that in most cases females receive the same rate of pay as males in this section of the trade. We point out that mere usage in this State or elsewhere should not determine the matter, although in such circumstances the Court would not be disposed to delete the provision without some good reason. However, we emphasise that equal rates of pay for male and female employees should not be awarded except in the circumstances discussed earlier in this judgment when referring to the Court's principles in relation to this subject matter.

Before attempting to come to any conclusion on the facts, we think it highly desirable to examine the evidence relating to the grocery section of the industry. The evidence reveals that radical changes have in fact taken place in the industry in recent years, particularly in the methods of selling, resulting in a curtail- ment of labour and the establishment of serve-yourself stores, sometimes called super- marts. The method now generally adopted in such establishments is to place on display goods of many different kinds, allowing customers to choose their own goods, the prices of which are usually marked on the articles themselves or on the racks and the total cost of which is computed by a female cashier as customers leave the shop. Most of the employees are females, being mainly employed in "racking up" or replenishing the shelves as the goods on display are depleted. Male labour in this type of establishment is, except for the manager, not considerable but males are employed where the lifting of heavy weights is involved and sometimes for "racking up"

or replenishing the shelves. Normally goods on display sell themselves without the aid to any extent of the staff.

The statistical evidence before the Court indicates that the percentage of male employees to females is dropping appreciably, although such a trend is to be expected in the modern type of grocer's shop where few males, except managers, are employed. The conclusion is irresistable that in such shops male employees, other than managers, are not now really essential to any great extent unless goods of heavy weight are handled.

. . . The trend undoubtedly has moved against the employment of males in the grocery section but it seems to us on the evidence, or as a fair infei'ence from the evidence that it has done so owing to other factors. It has become obvious that men have, for one reason or another, been seeking employment in other industries where, at least in times of prosperity, the rewards seem to be greater. This, coupled with modern trends in grocers' shops has caused the number of male employees to drop in relation to females, notwithstanding that females have, until the coming into operation of the current determination, been receiving the same rate of pay as men. Indeed, it has occurred despite the factor of equal pay which might lend some support to the theory that men are not now, under modern conditions and changing circumstances, as necessary in grocers' shops as they used to be

It seems to us that while in self-service stores some males will continue to be employed on management and planning, or where there is heavy work to be performed, yet the work of the cashier who reckons up the amount each customer has to pay, as well as the work of those who "rack-up" and replenish the shelves, may be said to be quite appropriate for women.

In the modern grocer's shop there arises some doubt as to whether males need be retained except in small numbers and we do not consider that the change to what we regard as the appropriate rate of pay for women, namely, 75 per centum of the male rate, will cause that essential nucleus of male labour to be competed out of work.

Nor do we see any great danger that males will be competed out of employment in the older type of grocer's shop. In many of such the proprietor has a delivery round whereby orders are collected and delivered almost exclusively, if not exclusively, by men. The work of lifting goods of heavy weight would have to be performed by men also and although the serving of customers could be performed by females, the other factors of the work would necessitate the employment of a certain number of men.

In view of the significant changes which have taken place in the structure of this section of the industry we feel unable to say that the Chairman erred or was manifestly wrong. (30 S.A.I.R. 13.)

The following observations may now be made on the position in the other States as it relates to the question now before the Commission:—

(1) Generally, emphasis has been given to the level of the female basic wage and to the intention of the Legislature that the wage of


the female worker should be lower than that for the male. In New South Wales, stress has been laid on the intention to retain the female basic wage as an integral part of the system of wage fixation. In Queensland and New South Wales and for many years the Legislature has given a discretion in specific terms to the industrial authority to allow equal pay and, since 1958, the New South Wales Industrial Commission has been directed to so prescribe under certain circumstances. This State may be distinguished from those two States in that there is no legislative directive regarding equal pay whilst it may be said that there is such a directive in regard to the level of male and female wages in that the female basic wage and the male basic wage have been fixed by the Legislature;

(2) Equal pay has operated to an extent in some of the other States since at least 1920 and in all of those States since 1937 but never in Western Australia;

(3) Broadly speaking, the departments or shops in which male rates are paid to female workers in the other States are not dissimilar to those in this State in which, in 1929 at least, female assistants were entitled to a higher margin than male assistants and substantially higher margins than female shop assistants in "other departments or shops". As mentioned earlier, in 1951 the parties agreed that an "average" margin should be prescribed for female assistants and the principle of prescribing a common rate for all female assistants has continued with apparent satisfaction as both the union and the employers asked the Commission to continue that principle. It may be that the reason, which caused a higher minimum wage to be prescribed for some female assistants in this State, ceased to exist in the post-war era and in this respect the appeal decision in South Australia is relevant;

(4) In the instant case, no question arises as to females being employed to oust or prevent the employment of male workers, nor has it been suggested that any of the work is unsuitable for women. The reasons for the prescription of the male rate, say, in New South Wales in 1937, do not exist in this State in 1968 even assuming that in these times those grounds would be sufficient to support such an award. In this respect the evidence clearly indicated that some female workers are employed now because male workers are not available and that the work was suitable for and could be performed by female workers;

(5) In South Australia the male rate was originally granted by consent and on the principles enunciated it seems most unlikely that, in today's circumstances in this State, a claim for equal pay would succeed;

(6) The Commission is aware that some changes have taken place in the industry over the years. A change in the grocery trade has been referred to in South Australia and this type of retailing is becoming more prevalent in other departments, for example, hardware. In view of this, less weight can be given to provisions inserted in awards in other States in the 1920's and 1930's than would otherwise be the ease and particularly in view of the position in this State as referred to in paragraph 3. above;

(7) The Commission is also aware of the change which has taken place in the approach of society to the employment of female workers. In these times it is accepted that female workers should have an equal oppor- tunity of employment in industry and the field in which women are being employed is increasing. This is to be expected with the present shortage of male labour in this State but is of itself no reason for the claim to be granted, and

(8) On the evidence and the inspections I am unable to agree that a}l of the work for which the male rate is prescribed elsewhere is work on which female assistants should be paid a considerably higher wage than that prescribed for assistants in other departments.

In my view the foregoing does not support the union's submission that the limited prescription of male rates in other States creates a special circumstance sufficient to cause this Commission to depart from its normal practice of considering the work and fixing a fair and reasonable margin to be added to the female basic wage.

It remains to refer to the evidence of two employers, each of whom supported the principle of male rates being paid to female workers. Those employers are engaged mainly, but not wholly, in the grocery trade and have paid "male rates" to most female assistants since April, 1966. Viewed as a whole, that evidence was not so convincing to cause me to depart from the principles laid down by this Commission. Employers are free to pay in excess of the award rate for whatever reason they consider proper, but such payments should be given little or no weight in considering minimum wage levels and particularly when, comparatively speaking, the payments are the exception rather than the rule. In such a case the overaward payment cannot be taken as an indication of the capacity of the industry as a whole to pay a higher wage. Finally, I am fortified in reaching this conclusion by my appreciation of the work being performed and by what has been said by the Full Court in South Australia. In looking at that work, in which one of the witnesses said a worker could become proficient in a short time, it would not be possible to value it at an amount in excess of $42 per week. Also it is relevant to recall that in 1966 the Commission indicated that, in fixing wages, it was appropriate in certain circumstances to look to the wages prescrbed for workers in other industries in this State and this course has been followed in this case to substantiate a conclusion otherwise reached.

I would refuse the claim for the prescription of the male rate of pay for female workers in this industry and turn to consider whether the existing marginal rates should be altered.

Much of what has already been said is also relevant in relation to this question but attention is drawn to those decisions of the Commission which have dealt with the fixation of marginal rates for male and female workers employed in the same classification. Those decisions have held that, prima facie, male and female workers, employed in the same classification, should be paid the same marginal rate but that rate has not necessarily been awarded when the industry has been viewed in depth (46 W.A.I.G. 951). In view of these decisions it is first necessary to consider whether the work of the average female employed in the industry is sufficiently different from the work of the average male in the industry to cause the Commission to depart from the prima facie rule.


The evidence from a number of witnesses, the inspections of several establishments and my general knowledge of the industry are of assistance in this respect but there are several complicating factors to which I must refer. First, little was said in relation to any change which has taken place in the work performed in the industry over the years. However, it would seem that, with the exception of the introduction of "self-service", few such changes have taken place. This must be viewed against the parties' own assessment of the work in that it has been agreed between them that the average male worker should have a substantially higher margin than the one fixed for the average female worker. Secondly, the evidence showed that work performed by some female assistants was more skilled than that performed by others but as that evidence did not cover the work of shop assistants in all departments it is not possible to reach a firm conclusion on the relative skills of all assistants. Without such a complete review of all of the work anomalies and inconsist- encies could be introduced into the award if varying marginal rates were granted to some female assistants. Thirdly, it would not appear to be conducive to industrial peace to award a higher margin to a female assistant in a department for considerations likely to apply equally to the male worker when the male worker in that department will receive the same margin as his counterpart elsewhere. Therefore, on the claim and answer before the Commission, it would appear to be un- wise to endeavour to "go outside" those issues by reintroducing differential rates of pay. Fourthly, the evidence and inspections showed that female assistants were being employed in a greater number of departments than was previously the case. However it was said that male workers, who would be preferred, are not available. Next, the evidence and the inspections also showed that the work of some male and female assistants was similar but that the male assistant was usually employed in the department requiring the most ability. (This, of course, applied equally to the female assistants in those departments.) In the so called chain stores only female assistants are employed and it is this type of work which I regard as being less skilled than other "selling" carried out by shop assistants. Lastly, in at least some departments it is necessary for a worker to gain experience and it is understandable that the experienced female assistant would be more efficient than the inex- perienced male but the margins are not related to experience and must be paid to all assistants (male or female) irrespective of comparative experience.

It will be evident from the foregoing that, in my opinion, it has been shown that female assistants in at least some departments or shops perform work so similar to the male worker that, in other circumstances, the margin for both would be the same; that the work of the average male assistant, for which the margin of $8.40 is fixed, calls for the exercise of far greater skill than the work of the average female assistant in other departments. However the matter before me is such that to endeavour to fix differential rates for assistants at large would be to create difficulties and problems and possibly difficulties and problems much greater than those which such a decision would seek to overcome.

In the final analysis I am led to the conclusion that overall the work of the "average male assistant" is more "skilled" than the work of the "average female assistant". Therefore, on the issues

before the Commission it is impossible to fix a margin for the average female shop assistant which will do justice to each of the persons bound by the award whether those persons be worker or employer. On the one hand, it will appear to be unjust to some if a margin is fixed below the male margin of $8.40 per week and on the other it will appear to be unjust if female assistants engaged in relatively simple retailing are granted a margin anywhere near that prescribed for the more skilled male worker. In my opinion the margin of $6.10, presently prescribed for female assistants, should be increased but not by an amount sufficient to bring it too close to the $8.40 per week agreed for the average male assistant.

To fix the level of the margin I feel it is proper to ascertain whether the wages prescribed for female assistants (but not the male rates) in the other main States can be of assistance. In Queens- land the wage is $32.50 per week or about 70 cents higher than the wage in this State. In New South Wales the rates vary from $31.10 to $34.30 per week with the principal group of assistants receiving $31.25 or, depending on age, $34.30 per week. The lesser of these rates is about 60 cents below the wage in this State and the other about $2.50 higher. In Victoria several rates are also prescribed. These range from $30.85 to $33.90 per week but it appears that $33.90, which is about $2 per week in excess of the Western Australian wage, is the wage prescribed for the majority of assistants. Finally, in South Australia, the wage is either $31.00 or $31.50 per week. In passing it should be remarked that the lower rate is the one prescribed fairly recently for work in grocery departments or shops. Each of these rates is less than the wage of $31.83 prescribed for female assistants in this State.

To summarise, the present wage in this State is higher than that paid in South Australia, higher than the wage prescribed for some assistants in New South Wales and Victoria but up to about $2.50 and $2.00 per week below the maximum wages in those respective States and about 70 cents below the Queensland wage. It is this type of situation, in which varying rates are prescribed in the different States, which has caused the industrial tribunal in this State to look for a "standard" in the application of the principle of comparative wage justice. On the information before the Commission it is not possible to select one wage as being more proper than another except the maximum rates in New South Wales and Victoria must be ruled out in view of the earlier conclusion that the margin for female assistants should be something less than $8.40. It is noted that in some States the female margin is equal to that of the male and in others that it is less than the male margin. If the rate in this State is to be equal to that in the Eastern States the immediate question is whether the Com- mission should select the $31.50 in South Australia, the $32.50 in Queensland, the $33.90 or some lesser amount in Victoria or the $34.30 or again some lesser amount in New South Wales.

It seems proper that the Commission should fix a wage which on the evidence and inspections appears reasonable in all the circumstances.

After consideration I would increase the margin by $1.50 per week. If it had been open to me to fix differing margins in various departments a somewhat higher margin than $7.60 would have been prescribed for some assistants but a somewhat lower one for the lesser skilled assistants. For those interested in comparisons, this increase will take the wage of female assistants to an amount about


$1.80 in excess of the highest "female wage" in South Australia and about 80 cents in excess of that wage in Queensland but it must be remembered that some female assistants in those States are entitled to a much higher wage. The new wage will also be higher than some of the wages prescribed in New South Wales and Victoria but, for the reasons expressed, not as high as the maximum wage in those States.

Similar considerations apply to storewomen, packers and despatch hands. Some store work is not suitable for female workers but I see no reason to disturb the relationship between assistants and storeworkers fixed by the parties and the same increase will be awarded.

It follows that, in my view, the economy should be called on to bear the additional wage cost involved. In view of the submissions put by Mi- Archer in relation to the economic position of the State, it should be made clear that because of that position the increase has not been fixed at a different level than would otherwise be the case.

I turn now to the claim for increased wages for male and female junior workers. In the first place the contention that juniors in the same age group should be paid the same wage calculated as a percentage of the adult rate is rejected. It is not supported by the provisions of the Industrial Arbitra- tion Act or, on the submissions, by the awards applicable in the other States and, in any event, it would have to be refused in view of the decision relating to adult female assistants. However, it is still necessary to review the level of the wages presently payable to male and female juniors.

The union also submitted that wage increases should be granted on the comparative wage justice principle in that regard should be paid to the rates prescribed in the other States. No evidence was called from a junior worker but the other evidence, supported by inspections, gave an indication of the work performed and the conditions under which it is so performed. On the other hand, Mr Hosking contended that the general level of rates paid to junior workers in this State should be the first consideration in that rates should be fixed within that framework.

These respective submissions may be said to suffer from the same fault. With one exception, namely, the Dairy Factory Award, the attention of the Commission was not drawn to the reason for the rates being fixed at the different levels in the other States or in other awards in this State. Fur- thermore, no "standard" is discernible from either the exhibit tendered by Mr. Archer or that submitted by Mr. Hosking.

Refen-ing to the employers' exhibit, it is notice- able that the wage rates in the "factory" awards are generally lower than those prescribed for office workers in the Clerks' Award. The reason for this is not known, but if it is because of the work or the conditions under which it is performed (including the standard of dress required), then those rates are of more assistance in this matter than the wages prescribed in the other awards.

Be that as it may, I am of the opinion that, generally, the wage rates for both male and female junior workers should be increased. In addition, and it follows from what has gone before, I see no reason why junior male storemen of certain ages should receive a higher rate than junior male shop assistants, nor do I agree with the union that, generally, junior storemen should be paid less than junior assistants.

The minutes of the proposed order contain the rates felt to be proper. Generally, having regard to the industry in which these junior workers are employed, those rates have been fixed on similar principles to those referred to in the Dairy Factory Case (45 W.A.I.G. 52) and to maintain a regular but gradual increase throughout the various age groups.

The minutes of the proposed order will now issue. The speaking to those minutes will be held on receipt of a request from the applicant.

Order accordingly.


No. 391 of 1967. Between The West Australian Shop Assistants' and

Warehouse Employees' Industrial Union of Workers, Perth, Applicant, and Boans Limited, and others, Respondents.

HAVING heard Mr. R. E. Archer on behalf of the applicant and Mr. D. L. Hosking on behalf of the respondents, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Shop Assistants' (Metropolitan) Award No. 41 of 1961, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 29th day of March, 1968. [L.S.] (Sgd.) D. CORT,

Commissioner.

Schedule. 1. Clause 11—Overtime: Delete subclauses (d)

and (g) of this clause and insert in lieu thereof:— (d) Work performed on Saturdays before 12

o'clock noon in establishments which work a five-day week (Monday to Friday inclusive) shall be paid for at the rate of time and a half for the first four hours and double time thereafter.

(g) (i) All time worked before the usual starting time or after the usual finishing time in any establishment shall be paid for at the overtime rates.

(ii) A worker required to work overtime on Saturday afternoon, Sunday or a holiday referred to in clause 12 after leaving the employer's premises and who returns home on completion of that overtime, shall be paid:—

(aa) For a minimum of two hours at overtime rates if notified of the requirement to work overtime before leaving the employer's premises.

(tab) For a minimum of three hours at overtime rates if recalled.


$ If placed in charge of 3 or more

other workers but less than 10 workers 2.35

If placed in charge of 10 or more workers 4.60

(c) Adult Females (margin over female basic wage per week):

Shop assistants or demonstrators .... 7.60 Storewomen, despatch hands, pack-

ers .... 6.95 In addition to the rate prescribed

herein for her classification, a worker required by the employer to be in charge of a shop or of other workers shall be paid the following amount:—

If placed in charge of a- shop with no other workers or if placed in charge of less than 3 other workers 0.95

If placed in charge of 3 or more workers but less than 10 workers .. 1.80

(iii) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that workers have at least eight consecutive hours off duty between the work of successive days.

A worker (other than a casual worker) who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not had at least eight consecutive hours off duty between those times, shall, subject to this paragraph, be released after completion of such overtime until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

If, on the instructions of his employer, such a worker resumes or continues work without having had such eight consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

2. Clause 19—Time and Wages Record: Delete subclause (a) of this clause and insert in lieu thereof:—

(a) The employer shall keep and enter up or cause to be kept and entered up records containing the following particulars:—

(i) The name and address given by each worker.

(ii) The class of work performed. (iii) The daily starting and finishing times

(and overtime, if any) worked by each worker.

(iv) The wages (and overtime, if any) paid to each worker.

(v) The ages of junior workers.

3. Clause 28—Wages: Delete this clause and insert in lieu thereof:—

28.—Wages. The minimum rates of wages payable to workers

covered by this award shall be as follows:— (a) Basic Wage (per week): $

Adult males 33.50 Adult females 25.13

(b) Adult Males (margin over male basic wage per week):

Shop assistants or demonstrators .... 8.40 Storeman, packer, despatch hands . 7.40 Storeman working singly 7.90 Canvasser and/or collector 8.40 Window dresser 9.50 In addition to the rate prescribed

herein for his classification, a worker required by the employer to be in charge of a shop or of other workers shall be paid the following amount:—

If placed in charge of a shop with no other workers or if placed in charge of less than 3 other workers 1.25

If placed in charge of 10 or more other workers 3.50

(d) Junior Male Workers (per cent, of male basic wage per week): %

Under 16 years of age 40 16 to 17 years of age 524 17 to 18 years of age 65 18 to 19 years of age 774 19 to 20 years of age 924 20 to 21 years of age .... 100 +

$1.00 Junior Female Workers (per cent, of female basic wage per week): %

Under 16 years of age 45 16 to 17 years of age 574 17 to 18 years of age 674 18 to 19 years of age 774 19 to 20 years of age 924 20 to 21 years of age .... 100 +

50 cents (f) Where a worker is required to use a fork

lift, towmotor or mechanical hoist in the performance of his duties, he shall be paid an additional 3 cents per hour whilst so engaged.

(g) Casual Hands—Whilst so engaged, casual hands shall be paid at the rate of 15 per cent, in addition to the rates prescribed herein.

(h) Any person, whether a junior or adult, employed as a canvasser and/or collector shall be paid the adult male wage.

(i) Where a canvasser provides his own bicycle he shall be paid an allowance of 25 cents per week.

(j) A worker shall receive 7 cents for every hour of which he spends 20 minutes or more in a cold chamber in which the temperature is less than 30 degrees fahrenheit.

4. Clause 30.—Right of Entry: Delete this clause and insert in lieu thereof:—

30.—Right of Entry. (a) On notifying the employer or his represen-

tative an accredited representative of the union shall be permitted to interview a worker during non-working times or the meal period on the business premises of the employer, but this permission shall not be exercised without the consent of the employer more than once in any one week.


(b) In the ease of a disagreement existing or anticipated concerning any of the provisions of this award, an accredited representative of the union, on notifying the employer or his representative, shall be permitted to enter the business premises of the employer to view the work, the subject of any such disagreement, but shall not interfere in any way with the carrying out of such work.

SHOP ASSISTANTS. (Wholesale Salesmen.) Award No. 72 of 1951.


No. 998 Of 1967. Between The West Australian Shop Assistants' and

Warehouse Employees' Industrial Union of Workers, Perth, Applicant, and Goode, Durrant and Murray Limited, and others, Respondents.

Before Mr. Commissisoner D. E. Cort. The 25th day of March, 1968.

Mr. R. E. Archer on behalf of the applicant. Mr. D. L. Hosking on behalf of the respondents.

Judgment. THE COMMISSIONER: This is an application by the Shop Assistants' Union to amend the Whole- sale Salesmen's Award No. 72 of 1951 in respect of the wage rates for adult female workers and for male and female junior workers and in relation to the Time and Wages Record and Right of Entry clauses.

The claims are the same as those dealt with by the Commission in the mater of Application Nod. 391 of 1967 to amend the Shop Assistants' Award No. 41 of 1961, and the reasons for decision, issued on that application, apply equally to this application. In the light of that decision and the minutes of the proposed order issued in connection therewith, the parties are requested to draw up an amending order in this matter.

The speaking to the minutes on that order will be held along with the speaking to the minutes in the Shop Assistants' application.

Order accordingly.


No. 998 of 1967. Between The West Australian Shop Assistants' and

Warehouse Employees' Industrial Union of Workers, Perth, Applicant, and Goode, Durrant and Murray Limited and others, Respondents.

HAVING heard Mr. R. E. Archer on behalf of the applicant and Mr. D. L. Hosking on behalf of the respondents, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Wholesale Salesmen's Award No. 72 of 1951, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such

amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 29th day of March, 1968. [L.S.]

(Sgd.) D. CORT, Commissioner.

Schedule. 1. Clause 13—Wages: Delete this clause and

insert in lieu thereof:— 13.—Wages.

The minimum rate of wages payable to workers covered by this award shall be as follows:—

(1) Basic Wage (per week): $ Males 33.50 Females 25.13

(2) Adult Males (margin over male basic wage per week):

Wholesale Salesman 8.40 (3) Adult Females (margin over female

basic wage per week): Wholesale saleswomen 7.60

(4) Junior Male Assistants (per cent, of male basic wage per week): %

Under 16 years of age 40 16 to 17 years of age 524 17 to 18 years of age 65 18 to 19 years of age 774 19 to 20 years of age 924 20 to 21 years of age 100 +

$1.00 (5) Junior Female Assistants (per cent,

of female basic wage per week): Under 16 years of age 45 16 to 17 years of age 574 17 to 18 years of age 674 18 to 19 years of age 774 19 to 20 years of age 924 20 to 21 years of age 100 +

50 cents

2. Clause 23—Time and Wages Record: Delete subclause (1) of this clause and insert in lieu thereof:—

(1) The employer shall keep and enter up or cause to be kept and entered up, records containing the following particulars:—

(a) The name and address given by each worker.

(b) The class of work performed. (e) The daily starting and finishing times

(and overtime if any) worked by each worker.

(d) The wages (and overtime, if any) paid to each worker.

(e) The ages of junior workers.

3. Clause 24—Right of Entry: Delete this clause and insert in lieu thereof:—

24.—Right of Entry. (1) On notifying the employer or his representa-

tive an accredited representative of the union shall be permitted to interview a worker during non- working times or the meal period on the business premises of the employer, but this permission shall not be exercised without the consent of the employer more than once in any one week.


(2) In the case of a disagreement existing or anticipated concerning any of the provisions of this award, an accredited representative of the union, on notifying the employer or his representative, shall be permitted to enter the business premises of the employer to view the work, the subject of any such disagreement, but shall not interfere in any way with the carrying out of such work.

WATER, SEWERAGE AND DRAINAGE EMPLOYEES. (Government.)



Between the Government Water, Sewerage and Drainage Employees' Industrial Union of Workers, and others, Applicants, and Hon. Minister for Water Supply, Sewerage and Drainage and the Metropolitan Water Supply, Sewerage and Drainage Board, Respondents.

HAVING heard Mr. H. R. Barrett on behalf of the Government Water, Sewerage and Drainage Em- ployees' Industrial Union of Workers. Mr, M. Jahn on behalf of the Australasian Society of Engineers' Industrial Union of Workers, Western Australian Branch, Mr. J. Mutton on behalf of Coastal Dis- tricts Committee, Amalgamated Engineering Union Asosciation of Workers and Mr. R. Fletcher on behalf of the Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth, applicants, and Mr. G. A. Johnson on behalf of the respondents and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Government Water, Sewerage and Drainage Employees' Award No. 22 of 1967, be and the same is hereby amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


(Sgd.) J. R. FLANAGAN, Commissioner.

Schedule. Clause 18.—Overtime:

1. Delete paragraph (c) of subclause (1). 2. Delete subclauses (5) and (8) and insert in

lieu thereof:— (5) A worker required to stand by shall be

rostered on a system to be mutually agreed for each depot, and shall be paid 2 hours at ordinary rates for such stand-by on any day from Monday to Friday and 3 hours for Satur- day or Sunday or a public holiday, in addition to any overtime to which he is entitled under this award and shall also receive a day in lieu of any public holiday on which he is on standby.

(8) (a) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that workers have at least 8 consecutive hours off duty between the work of successive days.

(b) A worker (other than a casual worker) who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not at least 8 consecutive hours off duty between those times shall, subject to this paragraph, be released after completion of such overtime until he has had 8 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c) If, on the instructions of his employer, such a worker resumes or continues work without having had such 8 consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had 8 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(d) The amount due under this subclause in respect of any day shall be reduced by any amount due under subclause (2) of this clause for time not worked (or counted as being worked) within 8 hours prior to the worker's ordinary commencing time on that day.

(e) Notwithstanding the foregoing provisions of this subclause paragraphs (a), (b), (c) and (d) shall not apply to workers referred to in subclause (5) hereof who work less than 6 of the hours of the day prior to the commencement of the ordinary work of that day.

AWARDS-

Application for Amendment of- BIJILDING TRADES.

(Government.) Award No. 25 of 1958.


No. 24 of 1968. Between Building Trades Association of Union of

Western Australia (Association of Workers), Applicant, and Minister for Works, and others. Respondents. Before Mr Commissioner J. R. Flanagan.

The 26th day of March, 1968. Mr T. Butler and Mr L. Beech on behalf of the

applicants. Mr W. Brown on behalf of the respondents.

Judgment. THE COMMISSIONER: This is an application by the Building Trades Association of Unions of West- ern Australia to amend the Special Rates and Pro- visions clause of the Building Trades (Government) Award 1962. The applicant seeks to add to that clause a new provision in the following terms:—

A worker employed in and about an abattoir shall be paid an allowance calculated at the rate of two dollars and fifty cents per week. The allowance shall be paid during overtime


but shall not be subject to penalty additions. A worker receiving this allowance is not entitled to any other allowance under this clause, except that provided for plumbers in sub-clause (4) (h).

The award was issued for a term of one year on the 9th November, 1962, and in the reference of dispute a claim for a ten shilling per week abattoir allowance was refused by the then Conciliation Commissioner who said:—•

The claim for an extra allowance when working around abattoirs is refused. In the main the workers so employed are permanent employees and the extent of the disability around the abattoirs is only pronounced depending on the length of the employment. (42 W.A.I.G. 485.)

In the Metal Trades (General) Award, 1966, an abattoir allowance of the amount claimed herein was granted and an allowance of the same amount was subsequently included in the Engineering (Government) Award No. 29 of 1957 but qualified to the extent that where overalls are supplied by the employer the weekly allowance is reduced by 50 cents.

The applicant, in support of the claim, under- took to establish that building trade workers experience the same conditions as those encountered by metal tradesmen and to this end evidence was adduced from two carpenters, one employed at the Midland Junction abattoir and the other at the W.A. Meat Export Works Robbs Jetty.

An inspection of these abattoirs enabled the Commission to observe in particular the conditions which were considered to be unusually obnoxious and which the applicant contended was justification for the allowance claimed.

The application was opposed by the respondents on the ground that the applicant had not discharged the undertaking to establish that building trade workers and metal trades workers experience the obnoxious or extremely unpleasant conditions to an equal degree and submitted that in any case, the history of the award and its current provisions, should cause the application to fail.

In granting the allowance in the Metal Trades (General) Award Mr Commissioner Kelly said—

I am satisfied that a composite allowance is the most convenient and satisfactory method of compensating these workers for the unpleasant features of their work and I am also satisfied that most of that work is unpleasant to a greater or lesser extent and that a good deal of it is highly obnoxious. In addition to the offensive features of their work, these workers quite frequently encounter work in hot, cold, wet and confined places which, though often not hot enough, cold enough, wet enough or confined enough to qualify inde- pendently for a special rate, combined with and accentuate those offensive features. (46 W.A.I.G. 731.)

The principle of a consolidated average disability rate enunciated therein has been endorsed and applied by consent with the payment of $1 per week to building trade workers employed at Robbs Jetty since 1963.

Following the issuance of the present award and the rejection by the Conciliation Commissioner of an abattoir allowance, a provision was invoked which empowers a Board of Reference to determine an extra rate for "workers who are called

upon to work in unusually obnoxious conditions". The Board is considering a claim "on behalf of plumbers and carpenters employed at the Midland Junction Abattoirs" for an allowance "on account of obnoxious conditions of work" concluded "that there was no particular claim before it warranting a determination" and the application was accordingly dismissed. (42 W.A.I.G. 882.)

Reference was made in the foregoing decision to plumbers having received a disabilities allowance of seven shillings and sixpence per week but that such allowance had been withdrawn upon the issue of the award. However, it was pointed out that the employer was prepared to resume payment of the allowance to plumbers with retrospective application but would not entertain a proposition of payment of any allowance to carpenters. The employer has continued the payment of an allowance of 75 cents per week to plumbers.

In the light of the foregoing it is apparent that the applicant has been motivated in this application in consequence of a special rate having been awarded to workers in metal trades awards.

There is a burden, therefore, imposed on the applicant, to clearly establish an affinity with metal trades workers by demonstrating that the incidence and degree of the disabilities encountered by building trade workers approximate to those experienced by metal trades workers.

The claim for a consolidated allowance is made on behalf of 49 building trade workers comprising carpenters, plumbers, painters, plasterers and labourers who are employed at the two main metropolitan abattoirs. It seems clear from a consideration of the evidence and information prof- fered during inspections that, with the exception of plumbers, whose experiences could be said to be more closely comparable to those of mechanical fitters to the extent that maintenance and repair requirements take them into a wider range in and about an abattoir than is the case with other building trades workers, the applicant has not adequately discharged the onus and the claim is accordingly refused.

From impressions gained during inspections it is equally clear that there would be occasions particularly at Midland Abattoir when the conditions experienced by some of the building trade workers could conceivably justify the prescription of a special rate for such workers whilst so engaged. This however is a matter for determination by a Board of Reference constituted under sub-clause (15) of Clause 13 of the Award.

Decision, accordingly.

AGREEAAENTS-INDUSTRIAL-

Registered—

PRINTING. (Mental Health Services—Apprentices.)

INDUSTRIAL AGREEMENT. No. 4 of 1968.

(Registered 22nd March, 1968.) THIS agreement made in pursuance of the Indus- trial Arbitration Act, 1912-66, this 22nd day of March, 1968, between the Hon. the Minister for Health of the one part; and the Printing and Kindred Industries Union, "Western Australian Branch, Industrial Union of Workers of the other


part, that for the consideration hereinafter appearing the parties hereto mutually covenant and agree the one with the other as follows:—

That an apprentice may be employed by the Mental Health Services at the Industrial Rehabili- tation Unit at Claremont, in the Printing Trades, and that the said apprentice shall be bound by the conditions and rates of pay prescribed by the Printing (Government Printing Office) Award 3 of 1963 as amended. It is further agreed that this agreement shall apply only in respect of that apprentice.

Male basic wage $33.50.

Area. This agreement shall operate within the Metro-

politan area. Term.

The term of this Agreement shall be three (3) years from the date of issue.

In witness whereof the parties hereto have hereunto set their hands and seals the day and year first hereinbefore written. Signed for and on behalf of

the said Honourable the Minister for Health in the presence of— I. HARMSWORTH,

A. S. ELLIS, Director Mental Health Services.

The Common Seal of the Printing and Kindred In- dustries Union, Western Australian Branch Indust- rial Union of Workers was affixed hereunto in the presence of—

J. WILLIAMS. [L.S.] L. E. HEARLE,

Secretary.

AGREEMENTS-INDUSTRIAL-

Variation and Amendment of-

STEVEDORING (Northern Ports)

INDUSTRIAL AGREEMENT No. 5 Of 1968.

Registered 28th March, 1968.) THIS Industrial Agreement, made in pursuance of the Industrial Arbitration Act 1912-1966, this 25th day of March, 1968, between Robert Laurie Pty. Ltd., Messrs. Nicholls Pty. Ltd., the Fremantle Stevedor- ing Pty. Ltd., and Smith Patrick Stevedoring (W.A.) Pty. Ltd., all of Fremantle (hereinafter called "the employer") and the Harbour and Light Department of the one part, and the Australian Workers Union, Westralian Branch, Industrial Union of Workers, Perth (hereinafter called "the union") of the other part, witnesseth that the parties hereto mutually covenant and agree the one with the other as follows: Whereas the parties hereto being the parties of an Industrial Agreement made on the 18th May, 1967, and numbered 18 of 1967, have mutually

agreed that the said Industrial Agreement be further varied in the following manner, that is to say:—

Clause 7—Priorities: Delete this clause and insert in lieu thereof:—

7.—Priorities. The Harbour and Light Department shall deter-

mine the priority of working ships in each port. Passenger vessels of the State Shipping Service shall receive priority.

In witness whereof the parties hereto have hereunder set their hands and seals the day and year hereinbefore written. Signed for and on behalf of—

Robert Laurie Pty. Ltd.—E. M. CONDRY, Messrs. Nicholls Pty. Ltd.—S. BUSWELL, The Fremantle Stevedoring Co. Pty. Ltd.—

J. GARNSWORTHY, Smith Patrick Stevedoring (W.A.) Pty. Ltd.—

N. PARKER, in the presence of—

W. J. BROWN. Harbour and Light Department—K. G.

FORSYTH, in the presence of—

W. J. BROWN. The Common Seal of the Australian Workers' Union Westralian Branch Industrial Union of Workers, Perth, was hereunto affixed in the presence of—

F. V. MITCHELL, [L.S.l Secretary.

H. BARRY, President.

COMPULSORY CONFERENCES-

The Boilermakers' Society of Australia, Union of Workers, Coastal Districts, W.A. and Others, and the Utah Construction and Mining Coy. Re Special Allowance on Construction Site

at Mt Tom Price. No. 63 of 1968.

A COMPULSORY conference was held before the Chief Industrial Commissioner, Mr. B. M. O'Sullivan, on Monday, the 18th March, 1968, at Mt. Tom Price at 9.30 a.m.

Present: Messrs. F. Bastow, C. Ward, E. Smith, B.

Archer, J. Marks, V. Starak, B. Eley, V. Malpeli, R. E. Sales and F. Roels representing the unions.

Messrs. L. Girdlestone, D. Murie, R. Brock and J. Kasvardi representing the employer.

The conference was called at the request of the Boilermakers' Society of Australia concerning a dispute existing between the Utah Construction and Mining Coy. and all unions concerned in the construction of a new plant at Mt. Tom Price. The unions involved are the Building Trades group and the Electrical Trades Union, the Amalgamated Engineering Union and the Boilermakers' Society of Australia.


An inspection of the work site was carried out on Sunday, the 17th March, 1968, and all persons attending the conference were in attendance at the inspection.

The dispute concerned a claim by the unions involved for a disability allowance of thirty cents per hour to compensate for the unusually dirty and hazardous nature of the job of construction at the milling plant of the Hamersley Iron Coy.

During the inspection members of the various unions were seen in their work positions at the construction site and the conditions under which they were required to work were amply demonstrated during the inspection by the conference members.

It was submitted at the conference that the conditions under which the workers were required to work were abnormal. It was pointed out that the work of construction was being carried out during the period of operation by the mining company.

The conference was told that the company had endeavoured to eradicate the disability of dust on the job but such attempts had not been successful. The company has, by agreement, paid the workers at this site an allowance of ten cents per hour to cover the disability of the dirty conditions but it is now claimed that the amount of ten cents is not sufficient to cover the conditions at present existing, it being submitted that the dirty conditions are increasing in intensity and it was further submitted that the number of workers on the job have increased since mid-January.

The company representatives suggested that the allowance of five dollars per week in the award was sufficient to cover the disability in ordinary circumstances but because of the condition of dirt existing, the ten cents additional allowance was paid. It was suggested that at the time of the inspection the conditions were worse than ordinarily found and that the company had continued in attempts to eradicate the dust nuisance at this site.

The union representatives claimed that any payments in excess of the ten cents should be made retrospective to the 1st day of January, 1968, that date being about one month subsequent to the agreement to pay the ten cents for the disability of the dust nuisance.

The Commissioner considered the submissions and reviewed the conditions of the site at the time of inspection.

On the understanding that any allowance recommended may be withdrawn by a direction of a Commissioner in the event of a stoppage of work by workers related to disabilities of the work place or camp site without the prior application for a conference being made to the Commission, a recommendation was made.

The recommendation concerns only workers in the area of the site of the milling operations and work performed by employees of the Utah Con- struction and Mining Company.

It was recommended that an allowance of twenty-two cents per hour be paid and that it be paid from and including the 14th day of January, 1968.

It was further recommended that the allowance be paid to all workers on the site from and including the 10th day of March, 1968.

The conference concluded at 11.10 a.m.

95

BOARDS OF REFERENCE-SPECIAL-.

Long Service Leave-

Appeals against Decisions of— PASTRYCOOKS.



Between Western Australian Pastrycooks and Con- fectioners' Union of Workers, Perth, Appellant, and the Dutch Biscuit Manufacturing Pty Ltd, Respondent. Before the Commission in Court Session.

Chief Industrial Commissioner B. M. O'Sullivan, Esq., and Mr. Commissioners E. R. Kelly and J. R. Flanagan.

The 22nd day of March, 1968. Mr W. S. Latter for appellant union. Mr L. Girdlestone for respondent.

Judgment. MR. COMMISSIONER O'SULLIVAN: This is an appeal against a decision of a Special Board of Reference made on the 31st. day of January, 1968.

The Board rejected the claim made by Cornelius Hoeksema for pro rota long service leave and from that rejection this appeal is made on the following grounds:—

(1) The Board erred in finding that Hoeksema terminated his own employment.

(2) The Board erred in allowing the respondent to raise alternative defences and to be influenced by the said alternatives.

(3) The Board erred in that it failed to ap- preciate the significant misconduct by the employer and failed to regard the law that such misconduct may terminate the contract of service.

(4) The Board's decision was against the evidence and the weight of evidence.

(5) The Board wrongly placed the onus of proof on the applicant and not the respondent.

The grounds of appeal may well be considered in three parts; the first concerning the evidence and the Board's finding of fact; the second the form of pleadings at the Board and the third the conduct of the Board as to the requirement of onus of proof.

The evidence before the Board disclosed that the appellant had been employed by the respondent for more than ten years and was a person whose claim fell within the provisions of subclause (3) of clause 3 of the Long Service Leave provisions.

The decision of the Board of Reference is to be found in 48 W.A.I.G. at p. 27.

Upon reading the majority decision of the Board, it appears to me that it had concluded that the appellant had established the fact that he had been employed for the required number of years but found that he had not satisfied the further requirements of subclause (3) of clause 3.

The Board made findings of fact upon the evidence and had the benefit of observing witnesses and upon my reading of the evidence and the

(3)—42412


reasons for judgment, I do not conclude that the findings were contrary to the evidence and should have been otherwise. I find no grounds upon which I should interfere with the findings of fact.

The complaint by the appellant that the respondent was permitted to raise alternative defences to the claim cannot, in my opinion, succeed. For my part I see no departure from ordinary conduct of pleading when an alternative is pleaded in defence. The defence to the claim in this case was that the appellant had himself terminated his services, or alternatively, the appellant's conduct was serious misconduct justifying a dismissal by the respondent.

In any event the Board did not make any finding in the alternative situation and said as much in its finding.

The third part of the grounds of appeal concerns the onus of proof and in this part the appeal could well have some merit.

It is not always an easy matter to determine when the onus of proof moves but it does appear that in applications before Boards of Reference concerning long service leave, the matter of onus is well defined.

Subclause (3) reads— (3) Subject to the provisions of paragraph

(6) of this subclause, where a worker has completed at least ten years' service but less than fifteen years' service since its commencement and his employment is terminated—

(i) by his death; or (ii) by the employer for any reason other

than serious misconduct; or (iii) by the worker on account of sickness

of or injury to the worker or domestic or other pressing necessity where such sickness or injury or necessity is of such a nature as to justify or in the event of a dispute is, in the opinion of the Special Board of Reference, of such a nature as to justify such termination;

the amount of the leave shall be such proportion of thirteen weeks' leave as the number of completed years of such service bears to fifteen years.

I believe that the applicant must establish the term of years appropriate and then the fact that his employment was terminated by the employer or by himself because of sickness or one of the other reasons of paragraph (iii).

Once the applicant has established the years of service and the fact of termination by the employer, then he has discharged his onus and the respondent must establish misconduct or any other defence.

In this present case the applicant established the term of years but upon his claiming termination of his employment by the employer a dispute arose. It is for the applicant to establish the termination and in the reasons given by the majority of the Board I find that his claim of termination by the employer was not accepted and therefore the onus did not move to the respondent.

The rule might well be stated as being "he who alleges must prove" and it is my opinion that this applicant has failed to satisfy the rule. He

alleged termination by the employer but did not prove it as a fact and did not discharge the onus placed on him. The appellant cannot succeed on the fifth ground of appeal and I believe that the appeal must be dismissed.

Mr COMMISSIONER KELLY: I agree. Mr COMMISSIONER FLANAGAN: I agree.

Order accordingly.


No. 28 of 1968. Between Western Australian Pastrycooks and

Confectioners' Union of Workers, Perth, Ap- pellant, and the Dutch Biscuit Manufacturing Pty Ltd, Respondent.

HAVING heard Mr W. S. Latter on behalf of the appellant union and Mr L. Girdlestone on behalf of the respondent, upon an appeal by the said appellant union from a decision of a Special Board of Reference constituted under the Long Service Leave provisions incorporated in the Pastrycooks' Award No. 11 of 1962, as amended, given on the 31st day of January, 1968, in the matter of a claim by Cornelius Hoeksema from pro rata long service leave, the Commission in Court Session doth hereby order—

That the said appeal be dismissed. Dated at Perth this 22nd day of March, 1968.

By the Commission in Court Session, (Sgd) B. M. O'SULLIVAN,

[L.S.l Commisisoner.

DISPUTES-

AAatters dealt with under Section 137-


No. 71 of 1968.' Between Forwood Down (W.A.) Pty Ltd, Applicant,

and the Boilermakers' Society of Australia, Union of Workers, Coastal Districts, W.A., and the workers designated in the annexure here- with, Respondents.

Order. THIS matter by leave of the Commission on the ground that it was of an urgent nature having been heard by the Commission in Court Session ex parte in Chambers and the Commission in Court Session, having heard Mr S. J. Carter on behalf of the applicant and having read the Statutory Declarations of Stanley James Carter and Richard Laurie Seale made on the 25th day of March, 1968, and being of the opinion that a contravention of the Industrial Arbitration Act, 1912-1966, has occurred and is continuing, hereby makes the following order to wit—

(1) The respondent Union and the respondent workers employed by Forwood Down (W.A.) Pty Ltd, be enjoined from refusing, limiting or banning work during ordinary or overtime hours of duty as provided for in The Metal Trades (General) Award No. 13 of 1965 as amended or from committing


or continuing a cessation or limitation of work as prescribed by the provisions of the Industrial Arbitration Act, 1912-1966.

(2) That forthwith the respondent union and each of its officers by the enforcement of the Union rules and by such other means as are available do and continue to do all things in their power to ensure that the workers whose names appear on the schedule annexed hereto comply with the requirement contained in paragraph (1) of this order.

Dated at Perth this 28th day of March, 1968. By the Commission in Court Session,

CL.S.l (Sgd) E. M. O'SULLIVAN,

Commissioner.

TAKE notice that non-compliance with this Order will render any person in default liable for punish- ment for an offence under the Industrial Arbitra- tion Act, 1912-1966. AND take further notice that any party or person affected by this Order may move the Commission in Court Session on twenty- four horns' notice to the applicant to vary, suspend or cancel the Order and take further notice that it is hereby directed that a copy of this Order together with a copy of the application and the Statutory Declarations in support thereof be served by the applicant on the abovenamed respondents.

Name"; Address. Michael Palumbo, 60 Hampshire Street, Victoria

Park. Janne Koops, 148 Surrey Road, Rivervale. L. G. Bristow, Lot 4, Connell Avenue, Gosnells. Eric William Brittain, 9 Kalgoorlie Street, Belmont. Edwin Ahkim, 42 Westminster Street, East Victoria

Park. Darryl Ogg, Plat 4, cnr. Onslow and Railway Par-

ade, Shenton Park. Philip Ibbotson, 364 Kew Street, Cloverdale. Prank Clift, 41 Westfield Street, Maddington. Robert D'Sylva, 35 McGregor Street, Embleton. Ernest Sharp, 25 Clinton Avenue, Millen. Vasil Chilko, 21 Bickley Road, Cannington. Kenneth Bawden, 44 Keane Street, Kewdale. Romildo diLena, 116 Oats Street, Carlisle. Gerhard Van Ingen, 28 Selby Street, Thornlie. Albert Mereweather, 6 Beverley Terrace, Clover-

dale. George McKinlay, Lot 328, Northumberland Street,

Forrestfield. William John Clark, Stafford Road, Kenwick. James Edward Bull, 115 Raleigh Street, Carlisle. Gerard McKay, 9 Onslow Flats, Albany Highway,

Bentley. Raymond James Stewart, 417 Guildford Road,

Bayswater. David Ross Shaw, 4 Upton Street, Millen Estate. James Charles Davies, 384 Hardy Road, Cloverdale. John French, 1 Lichfield Street, Victoria Park. Vincent Wilkinson, 40 Pitzroy Street, Queens Park. Robert Stirling, 17 Peacock Street, Cloverdale. Dennis Liddington, Flat 5, Block 5, Burtway, Perth. Charlie Bartolone, Reservoir Road, Maddington. Edward Albert Pegler, 42 Grand Parade, Redcliffe, Norman John Milligan, 23 Ross Street, Kewdale. Vivian John Grundy, 20 Northampton Street, Vic-

toria Park. Peter David Bradley, Plat 2, Dakara Flats, Chap-

man Road, Bentley.

Keith Busfield, 7 Sambeth Place, Como. Edwin Clegg Lyons, 170 Corinthian Road, Riverton. Antoni Bladowski, 165 Lake Street, Perth. Jan Hendrik Wubbels, 1 Cadden Street, Millen. Reginald Edward Rolls, 45 Hopkinson Way,

Wilson. Savo Stojsavljevic, 10 Selby Street, Thornlie. George Burnett, 36 Chapman Road, Bentley. James McLaughlin, 23 Raleigh Street, Belmont. Kenneth Stone, 24 Tudor Avenue, Riverton. Arne Anda, 20 Oakland Street, Cloverdale. Berend Leutscher, 47 Donaldson Street, Queens

Park. Robert Jean, 136 Arlunya Avenue, Cloverdale. Leonardus Van Veldhoven, 3 McMillen Street,

Victoria Park. David George Currie, 294 Epsom Avenue, Clover-

dale. Mark William Van Dongen, 126 Wharf Street,

Cannington. Malcolm Jones, 16 Panton Crescent, Karrinyup. Horst Wycisk, 61 Terence Street, Gosnells. Anton Theodore Byleveld, 218 Berwick Street,

Victoria Park. Larry Christon, 357 Stratheran Road, Forrestfield. L. E. Prout, 44 Alday Street, Bentley. Sydney Lesley Denness, 76 Claydon Street, New-

burn. Norman Wilkie, 7/152 Calais Road, Wembley

Downs. John Graham Sheldon, 22 Scott Street, South

Fremantle. Robert Harley Taylor-Rennie, 17 Hitchcock Street,

St. James. William John Woods, Lot 364 Northumberland

Road, Forrestfield. Wilfred Holmes, 126 Mars Street, Carlisle. Alexander Stewart, 382 Hardy Road, Cloverdale. Otto Riechers, Dixon Street, Kewdale. Willem Slooter, 110 Shepperton Road, Victoria

Park. Daniel Kearney, 35 Sussex Street, Victoria Park. Keith Vestey, 21 Hyde Street, Mosman Park. Patrick Edward Doran, 145 Hamilton Street,

Queens Park. Mario Raffaele Ambrosino, 12 Spring Avenue,

Middle Swan. Guiseppe De Domenico, 28 Lichfield Street,

Victoria Park. Salvatore Romeo, 8 Noel Road, Gooseberry Hill. Gunther Polchen, 2 Eric Street, Cottesloe. Volker Renke, 2 Eric Street, Cottesloe. George Arthur Dollas, 64 Gerard Street, Canning-

ton. James Duncan, 96 Clayton Road, Bellevue. Thomas T. Lawson, 26, 2nd Avenue, South Perth. Duncan Urquhart, Kelvin Road, Maddington. Michael Chamberlain, 30 Orpington Street, Clover-

dale. Robert Charles Buller, 2494 Albany Highway,

Gosnells. Ernst Bolliger, Flat 13, 132 Terrace Drive, Perth. Arthur Raymond Evans, 13 Mazzini Street, East

Victoria Park. David John Le Couteur, c/o Miss Gray, Southern

River Road, Gosnells. Hans Kammann, 82 Beatty Avenue, East Victoria

Park. Demal Gordic, 19 Celebration Street, East Can-

nington. Sydney Keating, Flat 2, 36 Bedford Street, Bentley. Edward Hocek, 151 Knutsford Avenue, Rivervale. Josef Wind, 56 South Western Highway, Armadale. Norman Dempster Cook, 35 Coolgardie Street,

Bentley. Antonio Di Marchi, 18 Warwick Street, Bentley.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE [17 April, 1968. 98

PUBLIC SERVICE ARBITRATION-

AWARDS—Delivered—

PUBLIC SERVICE ALLOWANCES (HIGHER DUTIES) Western Australia.

PUBLIC SERVICE ARBITRATION ACT, 1966. Proceedings before the Public Service Arbitrator.

No. 4 of 1967. IN the matter of Government Officers who are

public service officers or temporary employees under and within the meaning of the Public Service Act, 1904-1966, and the Public Service Comrhissioner, and in the matter of a claim concerning higher duties allowances to be paid to Government Officers in addition to salary and the circumstances 'in which such higher duties allowances shall be payable, made by The Civil Service Association of Western Aus- tralia Incorporated.

Decision. In respect of Clause 4 subclause (a) of the above

claim. The questions arising for consideration at the

present stage of this proceeding are firstly, for what length of time should an officer be required to act in an office classified higher than his own, in order to qualify for higher duties allowance? And secondly, should the fact that the officer is required to act in such office merely for the purpose of per- mitting clearance of normal annual leave preclude payment to him of such allowance?

These questions are interwoven and arise from a claim by the Association seeking alleviation of a rule which is deeply ingrained in the public service system.

The Public Service Act of 1900 expressly pre- cluded any payment above his normal salary to an officer required to step into the breach occasioned by the absence of a fellow officer. A concession which may have seemed generous enough at the time was granted by Regulation made under the 1904 enactment authorising such additional remuneration as the Governor might think fit for any period in excess of six months for which an officer was called upon to relieve.

Further liberalisation followed over the ensuing years resulting in progressive diminution of the qualifying period until in 1955, by Agreement made under Part X of the Industrial Arbitration Act, it was finally reduced to the existing requirement of two weeks.

It is apparent therefore that the formidable sub- stance of the early 1900's has fallen away to the mere shadow of the 1960's but it is a shadow which continues nevertheless to dim the prospect of temporary enrichment which such officers as are called upon to relieve their seniors during normal annual leave might otherwise entertain, because it is decreed that in such event higher duties allowance shall not be paid.

So long as the qualifying period continued to exceed the duration of annual leave this exclusion of course applied automatically, but the reduction of the former and the subsequent extension of the latter have combined to necessitate introduction into the Agreement of a term expressly designed to ensure the survival of this disqualification.

The Association now seeks its removal and in addition claims a reduction, to "five working days", of the existing qualifying period. The Commis- sioner's answer is in terms of retention of both provisions as they stand under the current Agree- ment.

The Association pleads that what might be con- veniently called the annual leave barrier is not only irrational and unjust but tends to lower morale and hence conduce to inefficiency. Mr Currie concedes that certain comparable awards covering salaried officers embody similar provisions but the fact that their conditions of employment tend to follow the public service pattern indicates the futility of looking in this direction for a lead. The Award covering the Railway Officers' Union however is cited as a significant exception.

It is contended that assumption of the full duties and responsibilities of the higher office by the officer called upon to act therein should be acknow- ledged as the proper basis for determining eligibility for the allowance. It is readily admitted that on the one hand there are offices entailing certain elements of responsibility which the less senior officer might not be expected to prove competent to undertake, and that on the other the officer who inherits an empty basket and through lack of industry during his temporary occupancy of the higher office bequeaths a full one should not be en- couraged to benefit from his lassitude. In neither case should the officer concerned be heard to claim that he has qualified.

For the Commissioner Mr Rutherford's submission is that the existing provisions appear reasonable and that, while pros and cons are to be found amongst industrial awards, comparable provisions appear in a number of these covering Local Government Officers. The value of such comparisons appears however to be seriously called in question by reason of the criticism levelled by Mr Currie.

Further justification for the annual leave barrier is offered on the grounds that an officer about to depart on annual leave, having made due preparation, is }n a position to hand over to his relief without an embarrassing accumulation in the pending tray such as might well be expected to confront an officer called upon in a sudden emergency to assume the more responsible post. While it must be conceded this factor does make a not inconsiderable contribution to the case for retention of the annual leave barrier it is not difficult to visualise circumstances which could well lessen its impact.

In the search for a solution of such problems as the present, one is called upon to evaluate comparisons and in doing so of course to draw con- clusions from contrasting situations. It is of some moment therefore to dwell upon that afforded by payment of an allowance to an officer required to act in a senior position during the appointee's absence on two weeks sick leave, of the need for which he may well have been forewarned, and its denial to another officer called upon to take a senior chair—no matter how well he may have demonstrated his competency to perform the full duties and assume full responsibility expected of him—for the three weeks of the normal occupant's annual leave.

Doubtless many other instances involving some such temporary re-allocation of duties from which the elements of suddenness and hence unprepared- ness are missing could be found to counter-balance further the weight sought to be attached to this submission.


It seems to me the strongest point in the case for the Respondent is presented in the form of comparisons with similar provisions incorporated in Commonwealth and Eastern States legislation and in the final assessment a critical survey of the effectiveness of this point as a determining factor is essential.

As Mr Rutherford concedes no standard pattern emerges but there is sufficient material to establish that in the overall scheme of things, regarded from this stand point, this State appears to occupy a relatively satisfactory position.

Apart from the Commonwealth where a salary barrier at a comparatively high figure imposes some restriction in the way of an otherwise virtually unencumbered entitlement to higher duties allowance, New South Wales adopts a policy bearing some trace of similarity in that the salary line is drawn at the somewhat modest figure of $4,833 beyond which not only does the qualifying period extend from five consecutive working days to a term in excess of four weeks (continuous or broken) but unless the qualifying period has already been served, the annual leave barrier becomes operative, subject only to special dispensa- tion by the Public Service Board.

In Victoria, South Australia and Tasmania, the barrier still operates by virtue of the duration of the qualifying period which, until proclamation of the recently re-enacted Public Service Act of South Australia brings into local effect a reduction to "more than one week", varies in these States only a matter of a few days between the two extremes of "more than four weeks", and "longer than one month".

The situation in South Australia assumes special significance in view of the enactment of the provision expressly designed to preserve the annual leave barrier, a matter which one supposes would have been viewed by the Legislature in the light of prevailing interstate comparisons and other relevant factors.

One is impelled, nevertheless, to consider this in relation to the situation in Queensland where in 1963 the Industrial Commission saw fit to reduce the qualifying period from four to three weeks thus abolishing a distinction operating to the detriment of officers relieving in the three weeks annual leave zone as compared with their more fortunate breth- ren privileged to relieve in a four weeks zone. This decision thus had the immediate effect of sounding the death-knell of the annual leave barrier, or what then remained of it, in that State.

Prom this comparison emerges a situation which could by no means be described as clearly defined but it would be difficult to deny that the weight of authority comes down fairly heavily on the side of retention of the annual leave barrier.

Despite this the factors dictating the need for its preservation in the States concerned are matters upon which, on the evidence before me, I can do little more than speculate. I am inclined to sus- pect the explanation is to be found in something rather more substantial than the preservation of uniformity merely for its own sake and that quite probably the real reason is not unrelated to economic considerations.

No such reason has been offered however in the present case and in the absence of more positive factors in favour of such interstate unanimity as now exists, I am persuaded to accept the Claimant's invitation to look at this case in isolation and in doing so, I come to the conclusion that in view of

99

the profound changes which the State has under- gone since the days when this barrier was first erected for what doubtless then seemed most ex- cellent reasons, viewed in more up-to-date perspec- tive its retention as an impediment to higher duties allowance smacks somewhat of an anachronism and upon the substantial merits of this case can no longer be justified.

I accept the proposition that assuming the requirement as to the qualifying period has been fulfilled the acid test for determining eligibility for higher duties allowance—irrespective of the circumstance necessitating the temporary occupancy of the higher office—is whether, in fact, the officer concerned does perform the full duties and accept the full responsibility of that office.

Reverting to the questions posed at the commencement of this decision but dealing with them in reverse order I conclude that the answer to the second question is in the negative so that the counter-proposal embodied in the Commissioner's answer to this Claim on this particular point should be rejected.

Referring finally to the first question, I do not propose to interfere with the existing qualifying period of two weeks. On interstate comparisons this appears a most reasonable requirement and looking at this matter in isolation does nothing to change that view. Having regard to the added importance which a proper assessment of the acting officer's competence will hereafter assume I feel the existing testing time should certainly not be reduced. Alternatively to increase it would be to suggest its inadequacy although it might be said to have long since withstood the test of time. I propose therefore to leave well alone and the answer to this question is, as contended in the counter-proposal, two weeks. This item of the Claim is accordingly refused.

Dated this 21st day of December, 1967. (Sgd) H. G. SMITH,

[L.S.l Public Service Arbitrator.

Western Australia. PUBLIC SERVICE ARBITRATION ACT, 1966.

Proceedings Before the Public Service Arbitrator. No. 4 of 1967.

IN the matter of Government Officers who are public service officers or temporary employees under and within the meaning of the Public Service Act, 1904-1967, and the Public Service Commissioner, and in the matter of a claim made by The Civil Service Association of Western Aus- tralia Incorporated concerning higher duties allowance to be paid to Government Officers in addition to salary and the circumstances in which such higher duties allowance shall be payable.

Decision. THIS claim came before me originally on the 21st day of November, 1967 for determination of certain fundamental issues arising from the answer lodged by the Public Service Commissioner seeking inclusion of provisions similar to those of Clause 16 of the Public Service Allowances Agree- ment, 1961, firstly, prescribing the qualifying period of two weeks as a prerequisite to payment of higher duties allowance and secondly, excluding payment of such allowance where performance of the higher duties involved is required merely to enable clearance of normal annual leave.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968. 100

The decision on these points having been delivered on the 21st day of December, 1967, the parties have subsequently reached agreement on the remaining items of the Claim. It therefore remains for me to hand down the Award embodying that agreement in the form in which it appears hereunder.

Dated this eleventh day of March, 1968. CL.S.] (Sgd.) H. G. SMITH,

Public Service Arbitrator.

Western Australia. PUBLIC SERVICE ARBITRATION ACT, 1966.

Proceedings Before the Public Service Arbitrator. No. 4 of 1967.

IN the matter of Government Officers who are public service officers or temporary employees under and within the meaning of the Public Service Act, 1904-1967, and the Public Service Commissioner, and in the matter of a claim made by The Civil Service Association of Western Australia Incor- porated concerning higher duties allowance to be paid to Government Officers in addition to salary and the circumstances in which such higher duties allowance shall be payable.

Having heard and considered the above claim and having determined the same in accordance with Section 15 (4) of the Public Service Arbitra- tion Act, the Public Service Arbitrator, pursuant to Section 24 of the said Act, hereby makes the following Award:—

PUBLIC SERVICE ALLOWANCES (HIGHER DUTIES) AWARD, 1968, Award No. 5.

1.—Title. This award shall be known as the Public Service

Allowances (Higher Duties) Award, 1968, Award No. 5.

2.—Scope. This award shall apply to all officers and tem-

porary employees employed under the provisions of the Public Service Act, 1904-1967, whose offices are not included in the Special Division of the Public Service.

3.—Arrangement. (1). Title. (2). Scope. (3). Arrangement. (4). Higher Duties Allowance. (5). Copies of Award. (6). Term of Award.

4.—Higher Duties Allowance. (a) An officer other than one classified as a Re-

lieving Officer above the automatic range, who is directed by the permanent head or duly authorised senior officer to act in an office which is classified higher than his own and who performs the full duties and accepts the full responsibility of the higher office for a continuous period of two weeks or more, shall, subject to the provisions of the award, be paid an allowance equal to the difference between his own salary and the salary he would receive if he were permanently appointed to the office in which he is so directed to act.

(b) Where the full duties of a higher office are temporarily performed by two or more officers they shall each be paid an allowance as determined by tlie Commissioner: Provided that a dispute or disagreement as to the amount of any such allowance shall be deemed to be a dispute or disagreement within the meaning of section 11 (1) (f) of the Public Service Arbitration Act, 1966.

(c) Where a Relieving Officer classified above the automatic range acts in an office classified one class higher than his own for a continuous period exceeding four weeks, he shall be paid higher duties allowance as prescribed in subclause (a) for all that part of such period in excess of four weeks.

(d) Where a Relieving Officer classified above the automatic range acts in an office classified two or more classes higher than his own, he shall be paid higher duties allowances as prescribed in subclause (a).

(e) Where an incremental range of salaries is allocated to an office, an officer acting in that office shall in due time be entitled to receive an increase in higher duties allowance equivalent to the annual increment he would have received had he been permanently appointed to such higher office.

(f) Where an officer who has been paid an increased higher duties allowance in accordance with the preceding subclause is further required to act in the same office within a period of twelve months from the date he last acted therein, he shall be paid an allowance at the rate received when last acting in that office.

(g) Where an officer who has qualified for payment of higher duties allowance under this clause is required to act in another office or other offices classified higher than his own for periods of less than two weeks duration and without any break occurring in acting service, he shall be paid higher duties allowance in respect of such further period or periods of so acting: Provided that payment shall be made at the highest rate the officer has been paid during his term of continuous acting or at the rate applicable to the office in which he is currently acting—-whichever is the less.

(h) Where an officer who is directed to act in an office classified one class higher than his own has during the preceding eighteeen months completed an aggregate of twelve months acting service with allowances as prescribed by this clause in offices of the same classification as or higher classification than the office in which he is so directed to act, the allowance payable shall be increased by the increment that would be paid to a permanent appointee of that office in his second year of service therein.

(i) Where an officer who has been in receipt of an allowance granted under this clause for a continuous period of twelve months or more proceeds on—

(ii) a period of any other approved leave of Hi) a period of any other approved leave of

absence of not more than three weeks duration—

he shall continue to receive such allowance if he resumes after such leave in the office in respect of which he was paid such allowance: Provided that this subclause shall apply to an officer who has been in receipt of an allowance for a period of less than twelve months if, during his absence, no other officer acts in the higher office.


(j) Where an officer who is in receipt of an allowance granted under this clause proceeds on—

(i) a period of annual leave in excess of the normal, or

(ii) a period of any other approved leave of absence of more than three weeks duration—

he shall not be entitled to x-eceive payment of such allowance for the whole or any part of the period of such leave.

(k) No officer under the age of 21 years shall be permitted to relieve or act in an office classified higher than his own without the prior approval of the Commissioner.

5.—Copies of Award. Every officer shall be entitled to have access to a

copy of this award. Sufficient copies shall be available in each Department for this purpose.

6.—Term of Award. This award shall operate as from and including

the eleventh day of March, 1968 and shall remain in force for a period of three years from that date, provided that either of the parties may after the tenth day of March, 1969, make application in accordance with the provisions of the Public Ser- vice Arbitration Act, 1966, for variation of this award.

Dated at Perth this eleventh day of March, 1968. (Sgd) H. G. SMITH,

tL.S.l Public Service Arbitrator.

Agreements Filed— ADMINISTRATIVE AND CLERICAL SALARIES.

(Western Australian Institute of Technology.) ADMINISTRATIVE AND CLERICAL SALARIES

AGREEMENT, 1968. Western Australian Institute of Technology.

No. 2 of 1968. THIS agreement, made pursuant to the provisions of the Public Service Arbitration Act, 1966, of Western Australia this 20th day of March, 1968, between the Civil Service Association of Western Australia Incorporated (hereinafter referred to as the Association) of the one part and the Interim Council of the Western Australian Institute of Technology (hereinafter referred to as the Coun- cil) of the other part, witnesseth that the parties hereto mutually covenant and agree the one with the other as follows:—

1.—Title. This agreement shall be known as the Admini-

strative and Clerical Salaries Agreement, 1968 (Western Australian Institute of Technology).

2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Adjustment of Salary Rates. 5. Male Officers—Salary Classes and Grades. 6. Male Officers—Automatic Range. 7. Female Officers—Salary Classes and Grades. 8. Female Officers—Âutomatic Range. 9. Qualification Allowance.

10. Annual increments. 11. Temporary Employees. 12. Copies of Agreement.

13. Term of Agreement. Schedule A—Male Officers—Salary Classes

and Grades. Schedule B—Female Officers—Salary Classes

and Grades. Schedule C—Qualifications Allowance.

3.—Scope. This agreement shall apply to all Officers em-

ployed in an Administrative or Clerical capacity by the Council.

4.—Adjustment of Salary Rates. The various salary rates expressed herein shall

be automatically varied to conform to any variations which are made from time to time in the equivalent salary rates applying to officers covered by the Public Service (Administrative and Clerical Officers Salaries Agreement, No. 6 of 1967. Any such variations shall apply from the date that the variations have been effected in respect to officers covered by that agreement.

5.—Male Officers—Salary Classes and Grades. (a) Except where otherwise provided in this

agreement, the classes and grades applicable to male officers in Administrative and Clerical positions shall be as indicated in Schedule A.

(b) In allocating salaries or salary ranges, in accordance with Section 12 of the Public Service Arbitration Act, 1966, the Council may amalgamate any two classes.

6.—Male Officers—Automatic Range. (a) The rates of pay for male clerical automatic

range officers shall be as follows:— Per

Annum. Age or Year of Adult Service— $

16 years of age 1,263 17 years of age 1,482 18 years of age 1,752 19 years of age 2,065 20 years of age 2,292 21 years of age or first year of aduit

2,452 service 22 years of age or second year of adult

service 2,560 23 years of age or third year of adult

service 2,670 24 years of age or fourth year of adult

srvice 2,800 25 years of age or fifth year of adult

service 2,930 26 years of age or sixth year of adult

service 3,060 27 years of age or seventh year of adult

service 3,200 (b) Classes and grades beyond a salary of $3,200

per annum shall be those set out in Schedule A to this agreement, provided that an officer shall not be eligible for promotion to a position above the automatic range or to claim or receive a salary higher than a salary of $3,200 per annum, until he has passed a promotional examination as determined by the Council from time to time, has acquired equal or higher qualifications as approved by the Council or has been exempted from the requirements of this subclause by the Council.

(c) An officer who is over the age of 21 years on appointment to the automatic range may be appointed at a minimum rate of pay based on years of service and not on age.


(d) A male clerical automatic range officer who is a married man or is the support of those related to him, on the approval of the Council, shall be paid an allowance equivalent to the difference between his rate of pay and the next higher grade in the increment scale of the automatic range, with a maximum salary, inclusive of such allowance of $3,200 per annum.

(e) A male clerk appointed to the automatic range who, at the date of such appointment, has successfully completed—

(i) English and three other subjects including either Mathematics A, Mathematics B, General Mathematics, Economics or Ac- countancy at the Leaving Certificate Ex- amination of the University of Western Australia; or

(ii) such examinations as may be accepted by the Council as being of a standard equivalent to or higher than that attained in acquiring the requirements contained in paragraph (i) of this subclause;

shall be paid an allowance of $60 per annum on and from the date of his appointment to the automatic range.

(f) A male clerk appointed to the automatic range who, subsequent to the date of such appointment, successfully completes one of the examination requirements, contained in paragraphs (i) and (ii) of subclause (e), shall be paid an allowance of $60 per annum on and from the first day of the month following the date on which the final examination paper was held.

(g) Payment of an allowance prescribed by subclause (e) or subclause (f), shall be in addition to any allowance received by the officer in accordance with the provisions of subclause (d).

(h) Payment of an allowance prescribed by subclause (e) or subclause (f), shall cease on the date when—

(i) the officer becomes eligible to receive a Qualifications Allowance in accordance with Clause 9 of this Agreement; or

(ii) the officer becomes eligible to receive an allowance in accordance with subclause (i) of this clause.

(i) A male clerical automatic range officer who has passed the examination referred to in subclause (e), (i) or (e) (ii), and who has been retained on the maximum salary of the automatic range for at least one year, shall be paid an allowance of $140 per annum which shall be increased to $280 per annum on completion of a further year's service on the automatic range. Thereafter the allowance shall be increased—

(i) to $420 per annum when the officer has been in receipt of the allowance of $280 per annum for a period of twelve months; and

(ii) to $560 per annum on the completion of a further twelve months' service.

Provided that— (a) an allowance under this subclause shall

not be granted unless the Director certifies as to good conduct, efficiency and ability of the officer to perform higher duties;

(b) on the promotion of an officer to a higher position, any allowance received by him under this subclause shall be reduced by the amount which is required to bring his salary up to the minimum salary of the position to which he is promoted, and

thereafter, any allowance still received by the officer shall be reduced and converted to salary as and when the officer becomes eligible for annual grade increments; and

(c) an allowance paid under this subclause shall cease, should the officer refuse to accept promotion.

(j) A male clerk classified in a Class 1 position shall be paid an allowance of $140 per annum after completion of twelve months' service on the maximum salary of such Class 1 position, which allowance shall increase to $280 per annum after completion of a further twelve months' service.

Provided that— (a) in each case, the Director certifies as to

the good conduct, efficiency and ability of the officer to perform higher duties;

(b) on the promotion of an officer to a higher position, any allowance received by him under this subclause shall be reduced by the amount which is required to bring his salary up to the minimum salary of the position to which he is promoted, and thereafter, any allowance still received by the officer shall be reduced and converted to salary as and when the officer becomes eligible for annual grade increments;

(c) an allowance paid under this subclause shall cease, should the officer refuse to accept promotion;

(d) an officer shall not be eligible to receive an allowance under this subclause unless he has completed not less than nine years' service in a clerical capacity as an adult permanent officer.

7.—Female Officers—Salary Classes and Trades. (a) Except where otherwise provided in this

Agreement the classes and grades applicable to female officers in clerical positions shall be as indicated in Schedule B.

(b) In allocating salaries or salary ranges in accordance with Section 12 of the Public Service Arbitration Act 1966, the Council may amalgamate any two classes.

(c) A female Clerical officer who has obtained promotion to either Class 1, 2, 3 or 4 as set out in Schedule B to this Agreement and who has completed not less than twenty (20) years of continuous permanent service, shall be paid an allowance of $60 per annum, provided the Director certifies as to the good conduct, diligence and efficiency of the officer and provided further that an allowance under this subclause shall not apply to an officer paid in accordance with the provisions of subclause (d) hereof.

(d) An adult female officer who is paid in accordance with the rates prescribed in Schedule B and who, on or after the 1st January, 1968, is performing work of the same or a like nature and of equal value to a male officer shall, subject to the principles and conditions laid down by Minis- terial Circular (L238/67) dated 28th November, 1967, receive payment on the basis set out in such Circular. Provided that as from the date of this Agreement a female officer shall not be appointed to any position the duties of which are the same or a like nature and of equal value to those performed by a male officer, unless she has passed the promotional examinations prescribed for male officers from time to time.

103

8.—Female Officers—Automatic Range. (a) The rates of pay for female Clerical officers

who occupy positions in the automatic range shall be as follows:—

Per Annum

Age or Year of Adult Service— $ 15 years of age 1,071 16 years of age 1,159 17 years of age 1,303 18 years of age 1,483 19 years of age 1,645 20 years of age ... 1,801 21 years of age or first year of adult

service 2,030 22 years of age or second year of adult

service .... 2,130 23 years of age or third year of adult


service 2,270 25 years of age or fifth year of adult

service 2,350 (b) Classes and grades beyond a salary of $2,350

per annum shall be those set out in Schedule B. (c) An officer who is over the age of 21 years on

appointment may be appointed at a minimum rate of pay based on years of service and not on age.

(d) An automatic range officer shall be paid an allowance of $60 per annum.

Provided that— (i) in the case of a typist or clerk-typist she

passes an efficiency examination approved by the Council in shorthand writing at a speed of 100 words per minute and typewriting at 50 words per minute;

(ii) in the case of a machinist she passes an examination approved by the Council in typwriting at a speed of 35 words per minute and in the operation of accounting and listing machines; and

(iii) such allowance shall cease on the promotion of the officer to a higher position or should the officer refuse to accept promotion.

(e) An automatic range officer who has passed either of the examinations referred to in subclause (d) and has completed at least two years' continuous service on a salary of $2,350 per annum exclusive of allowance, shall be paid an allowance of $130 per annum, inclusive of the allowance under subclause (d). Thereafter the allowance shall be increased to—

(i) £200 per annum when the officer has been in receipt of the allowance of $130 per annum for a period of twelve months; and to

(ii) $280 per anunm on the completion of a further twelve months' service.

(f) The payment of an allowance in accordance with subclause (e) shall be subject to a certificate from the Director as to the good conduct, efficiency and ability of the officer to perform higher duties and such allowance shall be converted to salary on promotion to a higher position or shall cease should the officer refuse to accept promotion.

(g) An automatic range officer who has not passed either of the examinations referred to in subclause (d) shall be paid—

(i) an allowance of $50 per annum on completion of five years' continuous service on a salary of $2,350 provided the Director

certifies that the officer is eligible and would be recommended for promotion on the grounds of efficiency and good conduct; such allowance to cease on promotion to a higher position or should the officer refuse to accept promotion; and

(ii) an allowance of $60 per annum on completion of not less than 20 years of continuous permanent service, provided the Director certifies as to the good conduct, diligence and efficiency of the officer.

9.—Qualifications Allowance. (a) Diplomates: A male adult clerk who holds—

the diploma in Commerce of the University of Western Australia; or

the diplomas in Public Administration, Ac- countancy, Business Studies or Manage- ment Studies of the Technical Education Division of the Education Department;

or passes the final examinations in all subjects in the syllabus of—

an Institute of Accountants, Secretaries or Cost Accountants approved by the Coun- cil; or

The Commonwealth Institute of "Valuers; or The Australian Insurance Institute; or passes—

in five (5) units (including English I) of a degree course in Arts, Science, Economics or Law at the University of Western Australia; or the examination in Law prescribed under section 25 of the Public Service Act, 1904-1966;

or passes— in the first four years of the part-time syllabus of the Associateship in Account- ing or the Associateship in Administra- tion of the Western Australian Institute of Technology ;

or holds or passes—a qualification or examination which, in the opinion of the Council is equivalent to any of the aforesaid; and who in receipt of a salary which is expressed in column (a) of Schedule C to this Agreement, shall be paid qualifications allowance at the rate expressed in column (b) of that Schedule immediately adjacent to the officer's salary.

(b) Graduates and Associates: A male adult clerk who holds—

a degree in Arts, Commerce, Science, Economics or Law of the University of Western Aus- trala;or

an Associateship in Commerce, Management, Business Administration or Public Admin- istration of the Technical Education Division of the Education Department; or

who passes an Associateship in Accounting or Administration of the Western Australian Institute of Technology; or

who holds or passes— a qualification or examination which, in the opinion of the Council, is equivalent to any of the aforesaid; and who is in receipt of a salary which is expressed in column (a) of Schedule C to this Agreement, shall be paid


qualifications allowance at the rate expressed in column (c) of that schedule immediately adjacent to the officers' salary.

(c) Payment of an allowance under the provisions of this clause shall cease as a result of the officer becoming entitled to a salary for which no qualifications allowance is provided.

Schedule A. MALE OFFICERS—CLERICAL DIVISION.

Salary Classes and Grades. Minimum Intermediate Maximum

10.—Annual Increments. Subject to good conduct, diligence and efficiency

an officer shall proceed from the minimum to the maximum of his salary range by annual increments according to the grades of such classification.

11.—Temporary Employees. A person employed in a temporary capacity shall

shall be paid at a daily or weekly rate of pay equivalent to the annual rate that would be payable under the provisions of this Agreement to a permanent officer engaged on duties of a similar nature and equal responsibility but in no case shall the provisions of clauses 6 (d), 6 (i), 6 (j) and 8 (e) of this Agreement apply in respect of a person temporarily employed.

12.—Copies of Agreement. Every officer and temporary employee shall be

entitled to have access to a copy of this agreement. Sufficient copies shall be available in the Institute for this purpose.

13.—Term of Agreement. This agreement shall operate as from and includ-

ing the twenty-second day of December, 1967, and shall remain in force for a period of three years, provided that at any time after the expiration of the first twelve months from the operative date of this agreement or after the expiration of any period of twelve months from the date of any variation thereof, either of the parties may negotiate with the other party to amend or add to this agreement or approach the Public Service Arbitra- tor for an amendment to this agreement.

MALE OFFICERS—ADMINISTRATIVE DIVISION. Salary Classes.

Class Salary

Schedule B. FEMALE OFFICERS—SALARY CLASSES AND

GRADES. Class Minimum Maximum

In witness whereof the parties hereto have hereunto set their hands and seals the day and year first before written. Signed by the Chairman of

the Western Australian In- stitute of Technology—

T. L. ROBERTSON, Chairman.

In the presence of— H. W. PETERS, Administrative Secretary.

[L.S.] The Common Seal of the

Civil Service Association of Western Australia Incorpor- ated was hereunto affixed in the presence of—

J. R. FLETCHER, Trustee.

R. A. PEMBER, Trustee.

B. J. COLLIER, General Secretary.

Schedule C. CLERICAL DIVISION OFFICERS.

Qualifications Allowance. Salary Diplomate Graduate

(Column (a).) (Column (b).) (Column (c).) Per Annum Per Annum Per Annum

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 17 April, 1968.]

ADMINISTRATIVE AND CLERICAL SALARIES. (Main Roads Department.)

PUBLIC SERVICE ARBITRATION ACT, 1967. Administrative and Clerical Salaries Agreement

1968 (Main Roads Department). No. 3 of 1968.

THIS agreement made pursuant to the provisions of the Public Service Arbitration Act, 1966, of Western Australia this 29th day of March, 1968, between the Civil Service Association of Western Australia Incorporated (hereinafter referred to as the Association) of the one part and the Commis- sioner of Main Roads (hereinafter referred to as the Commissioner) of the other part, witnesseth that the parties hereto mutually convenant and agree the one with the other as follows:—

1.—Title. This agreement shall be known as the Admini-

strative and Clerical Salaries Agreement 1968 (Main Roads Department).

2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Adjustment of Salary Rates. 5. Male Officers—Salary Classes and Grades. 6. Male Officers—Automatic Range. 7. Female Officers—Salary Classes and Grades. 8. Female Officers—Automatic Range. 9. Qualifications Allowance.

10. Annual Increments. 11. Temporary Employees. 12. Copies of Agreement. 13. Term of Agreement.

Schedule A—Male Officers—Salary Classes and Grades.

Schedule B—Female Officers—Salary Classes and Grades.

Schedule C—Qualifications Allowance.

3.—Scope. This agreement shall apply to all Government

Officers employed in an Administrative or Clerical capacity by the Commissioner.

4.—Âdjustment of Salary Rates. The various salary rates expressed herein shall

be automatically varied to conform to any variations which are made from time to time in the equivalent salary rates applying to officers covered by the Public Service (Administrative and Clerical Officers) Salaries Agreement, No. 6 of 1967. Any such variations shall apply from the date that the variations have been effected in respect to officers covered by that agreement.

5.—Male Officers—Salary Classes and Grades. (a) Except where otherwise provided in this

Agreement, the classes and grades applicable to male officers in Administrative and Clerical positions shall be as indicated in Schedule A.

(b) In allocating salaries or salary ranges, in accordance with section 12 of the Public Service Arbitration Act, 1966, the Commissioner may amalgamate any two classes.

6.—Male Officers—Automatic Range. (a) The rates of pay for male clerical automatic

range officers shall be as follows:— per

Annum Age or Year of Adult Service— $

16 years of age 1,263 17 years of age 1,482 18 years of age 1,752 19 years of age 2,065 20 years of age 2,292 21 years of age or first year of adult






service .... .... .... .... .. . 3,060 27 years of age or seventh year of adult

service 3,200 (b) Classes and grades beyond a salary of

$3,200 per annum shall be those set out in Sched- ule A to this Agreement, provided that an officer shall not be eligible for promotion to a position above the automatic range or to claim or receive a salary higher than a salary of $3,200 per annum, until he has passed a promotional examination as determined by the Commissioner from time to time, has acquired equal or higher qualifications as approved by the Commissioner or has been exempted from the requirements of this subclause by the Commissioner.

(c) An officer who is over the age of 21 years on appointment to the automatic range may be appointed at a minimum rate of pay based on years of service and not on age.

(d) A male clerical automatic range officer who is a married man or is the support of those related to him, on the approval of the Commissioner, shall be paid an allowance equivalent to the difference between his rate of pay and the next higher grade in the incremental scale of the automatic range, with a maximum salary, inclusive of such allowance of $3,200 per annum.

(e) A male clerk appointed to the automatic range who, at the date of such appointment, has successfully completed—

(i) English and three other subjects including either Mathematics A, Mathematics B, General Mathematics, Economics or Ac- countancy at the Leaving Certificate examination of the University of Western Australia; or

(ii) such examination as may be accepted by the Commissioner as being of a standard equivalent to or higher than attained in acquiring the requirements contained in paragraph (i) of this subclause;

shall be paid an allowance of $60 per annum on and from the date of his appointment to the automatic range.

(f) A male clerk appointed to the automatic range who, subsequent to the date of such appointment, successfully completes one of the examination requirements, contained in paragraphs (i) and (ii) of subclause (e), shall be paid an


allowance of $60 per annum on and from the first day of the month following the date on which the final examination paper was held.

(g) Payment of an allowance prescribed by subclause (e) or subclause (f), shall be in addition to any allowance received by the officer in accordance with the provisions of subclause (d).

(h) Payment of an allowance prescribed by subclause (e) or subclause (f), shall cease on the date when—

(i) the officer becomes eligible to receive a Qualifications Allowance in accordance with clause 9 of this Agreement; or

(ii) the officer becomes eligible to receive an allowance in accordance with subclause (i) of this clause.

(i) A male clerical automatic range officer who has passed the examination referred to in subclause (e) (i) or (e) (ii), and who has been retained on the maximum salary of the automatic range for at least one year, shall be paid an allowance of $140 per annum which shall be increased to $280 per annum on completion of a further year's service on the automatic range. Thereafter the allowance shall be increased—

(i) to $420 per annum when the officer has been in receipt of the allowance of $280 per annum for a period of twelve months; and

(ii) to $560 per annum on the completion of a further twelve months' service.

Provided that— (a) an allowance under this subclause shall

not be granted unless the Branch or Sec- tion Head certifies as to the good conduct, efficiency and ability of the officer to perform higher duties;

(b) on the promotion of an officer to a higher position, any allowance received by him under this subclause shall be reduced by the amount which is required to bring his salary up to the minimum salary of the position to which he is promoted, and thereafter, any allowance still received by the officer shall be reduced and converted to salary as and when the officer becomes eligible for annual grade increments; and

(c) an allowance paid under this subclause shall cease, should the officer refuse to accept promotion.

(j) A male clerk classified in a Class 1 position shall be paid an allowance of $140 per annum after completion of twelve months' service on the maximum salary of such Class 1 position, which allowance shall increase to $280 per annum after completion of a further twelve months' service.

Provided that— (a) in each case, the Branch or Section Head

certifies as to the good conduct, efficiency and ability of the officer to perform higher duties;

(b) on the promotion of an officer to a higher position any allowance received by him under this subclause shall be reduced by the amount which is required to bring his salary up to the minimum salary of the position to which he is promoted, and thereafter, any allowance still received by the officer shall be reduced and converted to salary as and when the officer becomes eligible for annual grade increments;

(c) an allowance paid under this subclause shall cease, should the officer refuse to accept promotion; and

(d) an officer shall not be eligible to receive an allowance under this subclause unless he has completed not less than nine years' service in a Clerical capacity as an adult permanent officer.

7—Female Officers—Salary Classes and Grades. (a) Except where otherwise provided in this

Agreement the classes and grades applicable to female officers in Clerical positions shall be as indicated in Schedule B.

(b) In allocating salaries or salary ranges in accordance with section 12 of the Public Service Arbitration Act, 1966, the Commissioner may amalgamate any two classes.

(c) A female Clerical officer who has obtained promotion to either Class 1, 2, 3, or 4 as set out in Schedule B to this Agreement and who has completed not less than twenty (20) years of continuous permanent service, shall be paid an allowance of $60 per annum, provided the Branch or Section Head certifies as to the good conduct, diligence and efficiency of the officer and provided further that an allowance under this subclause shall not apply to an officer paid in accordance with the provisions of subclause (d) hereof.

(d) An adult female officer who is paid in accordance with the rates prescribed in Schedule B and who, on or after the 1st January, 1968, is performing work of the same or a like nature and of equal value to a male officer shall, subject to the principles and conditions laid down by Ministerial Circular (L238/67) dated 28th November, 1967, receive payment on the basis set out in such Cir- cular. Provided that as from the date of this Agreement a female officer shall not be appointed to any position the duties of which are the same or a like nature and of equal value to those performed by a male officer, unless she has passed the promotional examinations prescribed for male officers from time to time.

8.—Female Officers—Automatic Range. (a) The rates of pay for female Clerical officers

who occupy positions in the automatic range shall be as follows:—

Per Annum.

Age or Year of Adult Service: $ 15 years of age 1,071 16 years of age 1,159 17 years of age .... .... 1,303 18 years of age 1,483 19 years of age .... 1,645 20 years of age 1,801 21 years of age or first year of adult

service . .. 2,030 22 years of age or second year of adult

service ... ■■ . 2,130 23 years of age or third year of adult


service . 2,270 25 years of age or fifth year of adult

service ..... .... 2,350 (b) Classes and grades beyond a salary of $2,350

per annum shall be those set out in Schedule B. (c) An officer who is over the age of 21 years on

appointment may be appointed at a minimum rate of pay based on years of service and not on age.


(d) An automatic range officer shall be paid an allowance of $60 per annum.

Provided that— (i) in the case of a typist or clerk-typist she

passes an efficiency examination approved by the Commissioner in shorthand writing at a speed of 100 words per minute and typewriting at 50 words per minute;

(ii) in the case of a machinist she passes an examination approved by the Commis- sioner in typewriting at a speed of 35 words per minute and in the operation of accounting and listing machines; and

(iii) such allowance shall cease on the promotion of the officer to a higher position or should the officer refuse to accept promotion.

(e) An automatic range officer who has passed either of the examinations referred to in subclause (d) and has completed at least two years' continuous service on a salary of $2,350 per annum exclusive of allowance, shall be paid an allowance of $130 per annum, inclusive of the allowance under subclause (d). Thereafter the allowance shall be increased to—

(i) $200 per annum when the officer has been in receipt of the allowance of $130 per annum for a period of twelve months; and to

(ii) $280 per annum on the completion of a further twelve months' service.

(f) The payment of an allowance in accordance with subclause (e) shall be subject to a certificate from the Branch or Section Head as to the good conduct, efficiency and ability of the officer to perform higher duties and such allowance shall be converted to salary on promotion to a higher position or shall cease should the officer refuse to accept promotion.

(g) An automatic range officer who has not passed either of the examinations referred to in subclause (d) shall be paid—

(i) an allowance of $50 per annum on completion of five years' continuous service on a salary of $2,350 provided the Branch or Section Head certifies that the officer is eligible and would be recommended for promotion on the grounds of efficiency and good conduct; such allowances to cease on promotion to a higher position or should the officer refuse to accept promotion; and

(ii) an allowance of $60 per annum on completion of not less than 20 years of continuous permanent service, provided the Branch or Section Head certifies as to the good conduct, diligence and efficiency of the officer.

9.—Qualifications Allowance, (a) Diplomates: A male adult clerk who holds—

the diploma in Commerce of the University of Western Australia; or

the diplomas in Public Administration, Ac- countancy, Business Studies or Manage- ment Studies of the Technical Education Division of the Education Department;

or passes the final examinations in all subjects in the syllabus of—

an institute of accountants, secretaries or cost accountants approved by the Commissioner; or

107

the Commonwealth Institute of Valu- ers; or

the Australian Insurance Institute; or passes—

in five (5) units (including English I) of a degree course in Arts, Science, Econ- omics or Law at the University of Western Australia; or

the examination in Law prescribed under section 25 of the Public Service Act, 1904-1966;

or passes in the first four years of the part- time syllabus of the Associateship in Ac- counting or the Associateship in Adminis- tration of the Western Australian Institute of Technology;

or holds or passes a qualification or examination which, in the opinion of the Commis- sioner, is equivalent to any of the aforesaid,

and who is in receipt of a salary which is expressed in column (a) of Schedule C to this agreement, shall be paid qualifications allowance at the rate expressed in column (b) of that schedule immediately adjacent to the officer's salary.

(b) Graduates and Associates: A male adult clerk who holds—

a degree in Arts, Commerce, Science, Econ- omics or Law of the University of Western Australia; or

an Associateship in Commerce, Management, Business Administration or Public Admin- istration of the Technical Education Di- vision of the Education Department; or

who passes an Associateship in Accounting or Administration of the Western Australian Institute of Technology; or

who holds or passes a qualification or examination which, in the opinion of the Com- missioner, is equivalent to any of the aforesaid,

and who is in receipt of a salary which is expressed in column (a) of Schedule C to this agreement, shall be paid qualifications allowance at the rate expressed in column (c) of that schedule immediately adjacent to the officer's salary.

(c) Payment of an allowance under the provisions of this clause shall cease as a result of the officer becoming entitled to a salary for which no qualifications allowance is provided.



11.—Temporary Employees. A person employed in a temporary capacity shall

be paid at a daily or weekly rate of pay equivalent to the annual rate that would be payable under the provisions of this agreement to a permanent officer engaged on duties of a similar nature and equal responsibility but in no case shall the provisions of clauses 6 (d), 6 (i), 6 (j) and 8 (e) of this agreement apply in respect of a person temporarily employed.


entitled to have access to a copy of this agreement. Sufficient copies shall be available in each Depart- ment for this purpose.



ing the 22nd day of December, 1967, and shall remain in force for a period of three years, provided that at any time after the expiration of the first 12 months from the operative date of this agreement or after the expiration of any period of 12 months from the date of any variation thereof, either of the parties may negotiate with the other party to amend or add to this agreement or approach the Public Service Arbitrator for an amendment to this agreement.

In witness whereof the parties hereto have hereunto set their hands and seals the day and year first before written. The Common Seal of the

Commissioner of Main Roads was hereunto affixed by D. H. Aitken the Com- missioner of Main Roads for the time being in the presence of—

P. Parrick. D. H. AITKEN.

[L.S.] The Common Seal of the Civil

Service Association of West- tern Australia Incorporated was hereunto affixed in the presence of—


B. E. CORBOY, [L.S.] Trustee.


Schedule A. MALE OFFICERS—CLERICAL DIVISION.

Salary Classes and Grades. Class. Minimum. Intermediate. Maximum.

$ $ $ 1 .... .... 3,340 — 3,480 2 .... .... 3,620 — 3,760 3 .... .... 3,910 — 4,060 4 .... .... 4,220 — 4,380 5 .... .... 4,540 — 4,700 6 .... .... 4,860 — 5,020 7 .... ... 5,190 5,360 5,530 8 .... .... 5,710 — 5,890 9 ... .... 6,070 — 6,260

10 .... .... 6,450 — 6,640 11 .... .... 6,830 — 7,020 MALE OFFICERS—ADMINISTRATIVE

DIVISION. Salary Classes.

Class. Salary.

1 7,340 2 7,670 3 8,030 4 8,390 5 8,750 6 9,120 7 9,490 8 9,870 9 10,250

10 10,650 11 11,100

Schedule B. FEMALE OFFICERS—SALARY CLASSES

AND GRADES. Class. Minimum

$ 1 2,550 2 2,725 3 2,970 4 3,260 5 3,560

SCHEDULE C. Clerical Division Officers. Qualifications Allowance.

Salary Diplomate Graduate (Column (a).) (Column (b).) (Column (c).)

Per Annum Per Annum Per Annum $ $ $

2,452 120 180 2,560 120 180 2,670 120 180 2,800 120 180 2,930 120 180 3,060 120 180 3,200 120 180 3,340 120 180 3,480 120 180 3,620 120 180 3,760 120 180 3,910 120 180 4,060 120 180 4,220 120 180 4,380 120 180 4,540 60 120 4700 60 120 4,860 — 60 5,020 — —

PUBLIC SERVICE (GENERAL DIVISION OFFICERS).

Western Australia. STATE PUBLIC SERVICE.

Public Service (General Division Officers) Salaries Agreement, 1968.

No. 1 of 1968. THIS agreement, made pursuant to the provisions of the Public Service Arbitration Act, 1966, of Western Australia this Fifteenth day of March, 1968, between the Civil Service Association of West- ern Australia Incorporated (hereinafter referred to as the Association) of the one part and the Public Service Commissioner (hereinafter referred to as the Commissioner) of the other part, witnesseth that the parties hereto mutually covenant and agree the one with the other as follows:—

1.—Title. This agreement shall be known as the Public

Service (General Division Officers) Salaries Agree- ment No. 1 of 1968.

2.—Ârrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Adjustment of Salary Rates. 5. Male Officers—Salary Classes and Grades. 6. Male Officers—Field Assistants. . 7. Male Officers—Laboratory Assistants. 8. Male Officers—Drafting Assistants. 9. Female Officers—Salary Classes and Grades.

Maximum. $

2,630 2,825 3,115 3,405 3,715


10. Female Officers—^Laboratory Assistants and Technical Assistants.

11. Female Officers—^Laboratory Attendants. 12. Female Officers—Telephonists and Assis-

tants. 13. Female Officers—Drafting Assistants. 14. Annual Increments. 15. Temporary Employees. 16. Copies of Agreement. 17. Term of Agreement.

3.—Scope. This agreement shall apply to all Government

Officers who are employed in the General Division under and within the meaning of the Public Ser- vice Act, 1904-1967.

4.—Adjustment of Salary Rates. The salary rates prescribed by this agreement

shall be varied to the extent necessary to give effect to any decision of the Commonwealth Con- ciliation and Arbitration Commission in a National Wage Case made during the currency of this agreement and expressed to be on general economic grounds and which has general application.

5.—Male Officers—Salary Classes and Grades, (a) The rates of pay for male General Division

officers except as provided for Field Assistants (Clause 6), Laboratory Assistants (Clause 7) and Drafting Assistants (Clause 8) shall be as follows:—

Per Annum.

Class 1: $ 15 years of age 1,037 16 years of age 1,207 17 years of age 1,482 18 years of age 1,752 19 years of age 2,065 20 years of age 2,292 21 years of age or first year of adult




service 2,782 Class 2:

Minimum 2,782 Intermediate 2,862 Maximum 2,942

Class 3: Minimum 2,942 Intermediate 3,032 Maximum 3,152 Provided that—

(i) an officer who occupies a position which has been classified by an amal- gamation of Classes 1 and 2, shall proceed to the intermediate margin of Class 2, after he has been in receipt of the maximum margin of Class 1 for a continuous period of twelve months; and

(ii) an officer who occupies a position which has been classified by an amal- gamation of Classes 2 and 3, shall proceed to the intermediate margin of Class 3, after he has been in receipt of the maximum margin of Class 2 for a continuous period of twelve months; and

(iii) an officer who occupies a position which has been classified by an amal- gamation of Classes 1, 2 and 3, shall proceed to the intermediate salary of Class 2 after he has been in receipt of the maximum salary of Class 1 for a continuous period of twelve months and to the intermediate salary of Class 3 after he has been in receipt of the maximum salary of Class 2 for a continuous period of twelve months.

(b) An officer who is over the age of 21 years on appointment may be appointed at a minimum rate of pay based on years of service and not on age.

(c) An officer retained on the maximum salary prescribed for Classes 1, 2 or 3 by subclause (a) for a period of five (5) years shall be paid an allowance of $60 per annum provided the Per- manent Head certifies that such officer is eligible and would be recommended for promotion on the grounds of efficiency and good conduct. An allowance paid under this subclause shall be converted to salary on promotion to a higher position and shall cease should the officer refuse to accept promotion.

(d) Classes and grades beyond a salary of $3,152 per annum shall be those set out in Schedule A to this agreement.

(e) In allocating salaries or salary ranges, in accordance with Section 12 of the Public Service Arbitration Act, 1966, the Commissioner may amalgamate any two or more classes.

6.—Male Officers—Field Assistants. (a) The rates of pay for male field assistants

shall be as follows:— Per


15 years of age 1,037 16 years of age 1,207 17 years of age 1,482 18 years of age 1,752 19 years of age 2,065 20 years of age 2,292 21 years of age or first year of adult







service 3,152 Provided that an officer who has been awarded a diploma of an approved Agricultural College shall be paid—

(i) one grade above the rate prescribed in this clause for his age, if he is under 21 years of age; or

(ii) two grades above the rate prescribed in this clause for his age or year of adult service, if he is 21 years of age or over.



(c) An officer retained on the maximum salary prescribed by subclause (a) for a period of five (5) years shall be paid an allowance of $60 per annum provided that the Permanent Head certifies that the officer is eligible and would be recommended for promotion on the grounds of efficiency and good conduct. An allowance paid under this subclause shall be converted to salary on promotion to a higher position and shall cease should the officer refuse to accept promotion.

7.—Male Officers—Laboratory Assistants. (a) The rates of pay for male laboratory assist-

ants shall be as follows:— Per


15 years of age 1,103 16 years of age 1,263 17 years of age 1,482 18 years of age 1,752 19 years of age 2,065 20 years of age ... 2,292 21 years of age or first year of adult







service 3,152 (b) An officer who is over the age of 21 years

on appointment may be appointed at a minimum rate of pay based on years of service and not on age.

(c) An officer retained on the maximum salary prescribed by subclause (a) for a period of five (5) years shall be paid an allowance of $60 per annum provided the Permanent Head certifies that the officer is eligible and would be recommended for promotion on the grounds of efficiency and good conduct. An allowance paid under this subclause shall be converted to salary on promotion to a higher position and shall cease should the officer refuse to accept promotion.

8.—Male Officers—Drafting Assistants. (a) The rates of pay for male drafting assist-

ants shall be as follows:-— Per


21 years of age or first year of adult service 2,662

22 years of age or second year of adult service 2,782

23 years of age or third year of adult service 2,902

24 years of age or fourth year of adult service 3,022

25 years of age or fifth year of adult service 3,152

26 years of age or sixth year of adult service 3,292

27 years of : age or seventh year of adult service 3,432

28 years of age or eighth year of adult service 3,577

29 years of age or ninth year of adult service 3,717


9.—Female Officers—Salary Classes and Grades. (a) Except where otherwise provided in this

agreement, the classes and grades applicable to female officers shall be as indicated in Schedule B.

(b) In allocating salaries or salary ranges, in accordance with Section 12 of the Public Service Arbitration Act, 1966, the Commissioner may amalgamate two or more classes.

(c) An adult female officer covered by this agreement who is performing work of the same or a like nature and of equal value to a male officer shall, subject to the principles and conditions laid down by Ministerial Circular (L238/67) dated 28th November, 1967, receive payment on the basis set out in such Circular.

10.—Female Officers—Laboratory Assistants and Technical Assistants.

(a) The rates of pay for female laboratory assistants and technical assistants shall be as follows:—

Per Annum.

Age or Year of Adult Service $ 15 years of age 1,048 16 years of age 1,133 17 years of age 1,274 18 years of age 1,455 19 years of age 1,614 20 years of age .... 1,773 21 years of age or first year of adult

service .... 1,986 22 years of age or second year of adult






(c) An officer who has completed not less than 20 years of continuous permanent service shall be paid an allowance of $80 per annum, provided the Permanent Head certifies as to the good conduct, diligence and efficiency of the officer.

11.—Female Officers—Laboratory Attendants. (a) The rates of pay for female laboratory

attendants shall be as follows:— Pei-

Annum. Age or Year of Adult Service $

15 years of age 908 16 years of age 1,051 17 years of age 1,135 18 years of age 1,278 19 years of age 1,459 20 years of age 1,665 21 years of age or first year of adult




service 2,108

17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. Ill


(c) An officer who has completed not less than 20 years of continuous permanent service shall be paid an allowance of $80 per annum, provided the Permanent Head certifies as to the good conduct, diligence and efficiency of the officer. 12.—Female Officers—Telephonists and Assistants.

(a) The rates of pay for female telephonists and assistants shall be as follows:—

Per Annum.

Age or Year of Adult Service $ 15 years of age 940 16 years of age 1,070 17 years of age 1,160 18 years of age 1,300 19 years of age 1,480 20 years of age 1,685 21 years of age or first year of adult






(c) An officer who has completed not less than 20 years of continuous permanent service shall be paid an allowance of $80 per annum, provided the Permanent Head certifies as to the good conduct, diligence and efficiency of the officer.

(d) A female assistant who passes an examination in typewriting at 40 words per minute as approved by the Commissioner shall be paid an allowance of $40 per annum.

(e) A female telephonist who passes a Tele- phonists' Efficiency Examination as approved by the Commissioner shall be paid an allowance of $40 per annum.

13.—Female Officers—Drafting Assistants. (a) The rates of pay for female drafting assist-

ants shall be as follows:— Per

Annum. Age or Year of Adult Service $

16 years of age 1,113 17 years of age 1,274 18 years of age 1,455 19 years of age 1,614 20 years of age 1,773 21 years of age or first year of adult







service 2,535 28 years of age or eighth year of adult

service 2,610 (4)—4241E

Provided that an officer shall not proceed beyond a salary of $2,301 per annum unless she—

(i) has completed and passed an efficiency examination in the appropriate group of subjects of the Technical Education Division of the Education Department, herein listed:—

Engineering Drafting— Elementary Drawing, Mechanical

Drawing I, Qualifying Mathematics D; or

Such other subjects of equivalent standard as may be approved by the Public Service Commissioner.

Architectural Drafting- Freehand Drawing, Building Construc-

tion I, Qualifying Mathematics D. Cartographic Drafting—

Plan Drawing I, Cartographic Repro- duction of Maps and Plans I, Quali- fying Mathematics D; or

(ii) has completed six years of continuous service as a Drafting Assistant after attain- ing the age of 21 years.

(b) Subject to a satisfactory report from the Permanent Head concerning the officer's conduct, diligence and efficiency, an officer who completes and passes the prescribed efficiency examination before reaching a salary of $2,356 per annum, shall be paid an allowance of $60 per annum, provided that such allowance shall convert to salary and cease when a salary margin of $2,356 per annum is reached.

(c) An officer who is over the age of 21 years on appointment may be appointed at a minimum rate of pay based on years of service and not on age.

(d) An officer who has completed not less than 20 yeai's of continuous permanent service shall be paid an allowance of $80 per annum, provided the Permanent Head certifies as to the good conduct, diligence and efficiency of the officer.



15.—Temporary Employees. A person employed in a temporary capacity in

the General Division under the provisions of section 31 of the Public Service Act, 1904-1967, shall be paid at a daily or weekly rate of pay equivalent to the annual rate that would be payable under the provisions of this agreement to a permanent officer engaged on duties of a similar nature and equal responsibility.


entitled to have access to a copy of this agreement. Sufficient copies shall be available in each Department for this purpose.

17.—Term of Agreement. This agreement shall operate as from and in-

cluding the fifteenth day of March, 1968, and shall remain in force for a period of three years, pro-

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968. 112

vided that either of the parties may after the fifteenth day of March, 1969, negotiate with the other party to amend or add to this agreement or approach the Arbitrator for an amendment to this agreement.

In witness whereof the parties hereto have hereunto set their hands and seals the day and year first before written. Signed by the Public Service

Commissioner of Western Australia in the presence of—

J. B. CROOKS. R. H. DOIG.

The Common Seal of the Civil Service Association of Western Australia (Incor- porated) was hereunto afflxed in the presence of—

J. R. FLETCHER, Trustee,

B. E. CORBOY, Trustee.

B. J. COLLIER. [L.S.I General Secretary.

Schedule A. MALE OFFICERS—GENERAL DIVISION.

Salary Classes and Grades. Class Minimum Intermediate Maximum

$ $ $ 1 3,292 — 3,432 2 3,577 — 3,717 3 - 3,872 — 4,022 4 4,182 — 4,342 5 4,502 — 4,662 6 4,827 — 4,987 7 5,157 5,327 5,502 8 5,682 — 5,867 9 6,052 — 6,242

10 6,432 — 6,622 11 6,817 — 7,007 12 — — 7,327 13 — — 7,657

Schedule B. FEMALE OFFICERS—GENERAL DIVISION.

Salary Classes and Grades. Class Minimum Intermediate Maximum

$ $ $ 1 2,535 — 2,610 2 2,710 — 2,815 3 2,955 — 3,100 4 3,245 — 3,390 5 3,540 — 3,690 6 3,840 — 3,990 7 4,140 — 4,290

PUBLIC SERVICE ALLOWANCES (MOTOR CAR HIRE).

State Public Service. PUBLIC SERVICE ALLOWANCES (MOTOR CAR

HIRE) AGREEMENT, 1968. Agreement No. 4 of 1968.

THIS agreement, made pursuant to the provisions of the Public Service Arbitration Act, 1966, of Western Australia this 1st day of April, 1968, between the Civil Service Association of Western

Australia Incorporated (hereinafter referred to as the Association) of the one part and the Public Service Commissioner (hereinafter referred to as the Commissioner) of the other part, witnesseth that the parties hereto mutually covenant and agree the one with the other as follows:—

1.—Title. This agreement shall be known as the Public

Service Allowances (Motor Car Hire) Agreement, No. 4 of 1968.

2.—Scope. This agreement shall apply to all officers and

temporary employees employed under the provisions of the Public Service Act, 1904-1967, whose offices are not included in the Special Division of the Public Service.

3.—Arrangement. 1. Title. 2. Scope. 3. Arrangement. 4. Definitions. 5. Payment of Hire for Use of Officer's Own

Vehicle. 6. Special Conditions. 7. Copies of Agreement. 8. Term of Agreement.

4.—Definitions. In this agreement the following expressions

shall, unless the contrary intention appears, have the meaning hereby respectively applied to them, namely:—

"Metropolitan Area" means that area within a radius of thirty (30) miles from the Perth Railway Station.

"South-West Land Division" means the South- west Land Division as defined by section 28 of the Land Act, 1933-1965, excluding the area contained within the metropolitan area.

"Other Areas" means that area of the State of Western Australia south of 26 degrees south latitude, excluding the metropolitan area and the South-West Land Division.

5.—Payment of Hire for Use of Officer's Own Vehicle.

(a) An officer who is required to maintain a motor car for use when travelling on official business and who is not in receipt of an allowance provided under subelause (b) shall, for journeys approved by the permanent head, be paid hire for such vehicle to cover all expenses in connection therewith, in accordance with the rates set out in the schedule hereto.

(b) The Commissioner may authorise a com- muted amount for the hire of motor vehicles or any other conveyance belonging to an officer.

(c) Where an officer in the course of a journey travels through two or more of the separate areas, payment of hire at the rates prescribed by subclause (a) shall be made at the appropriate rate applicable to each of the separate areas traversed.

(d) The Commissioner may increase the rates prescribed by this clause in any case in which he is satisfied that they are inadequate.

(e) A year for the purpose of this clause shall commence on the first day of July and end on the thirtieth day of June next following.


Schedule. RATES OF HIRE FOR USE OF OFFICER'S OWN VEHICLE ON OFFICIAL BUSINESS.

Cents per Mile. 1. South of 26 Degrees South Latitude.

, j * 41. i Engine Displacement Area and Details. | (in cubic centimetres)

Mileage travelled each Over 1 600( year on official busi- l,600cc. and ui ness:

Metropolitan Area— 1-5,000 miles .... 10.5 8.1 over 5,000 miles 6.5 5.!

S.W. Land Division— 1-5,000 miles .... 11.7 9.7 over 5,000 miles 7.9 6A

Other Areas—• 1-5,000 miles .... 12.5 10.E over 5,000 miles 8.7 7.C 2. North of 26 Degrees South Latitude.

l,600cc. and under

Mileage travelled each year on official business:

1-5,000 miles over 5,000 miles ....

Between 26° and 22°

6.—Special Conditions. An officer, who in accordance with the preceding

clause is entitled to receive a rate of hire applicable to motor cars of l,600cc. and under, but on the date immediately prior to the coming into operation of this Agreement maintained a motor car for which he was in receipt of a rate prescribed by Clause 15 of the Public Service Allow- ances Agreement, 1961 for motor vehicles of over 12 h.p„ shall continue to be reimbursed the rates payable under the aforesaid Clause 15 until the 31st December, 1968 in respect of such motor car, or the date on which he ceases to use the motor car on official business if prior to the 31st Dec- ember, 1968.

7.—Copies of Agreement. Every officer shall be entitled to have access to

a copy of this Agreement. Sufficient copies shall be available in each Department for this purpose.


ing the 1st April, 1968 and shall remain in force for a period of three years from that date, provided that either of the parties may after the 1st April, 1969, negotiate with the other party to amend or add to this agreement or approach the Arbitrator for an amendment to this agreement.

In witness whereof the parties hereunto set their hands and seals the day and year first before written. Signed by the Public Service

Commissioner of Western Australia in the presence of—

J. B. CROOKS. R. H. DOIG.

The Common Seal of the Civil Service Association of Western Australia Incor- porated was hereunto affixed in the presence of—


B. E. CORBOY, [L.S.l Trustee.


COAL INDUSTRY TRIBUNAL-

AWARDS-Amendment of— COLLIERIES STAFF. Award No. 62 of 1955.

MINING ACT, 1904-1965. Part XIII, Division 1.

Before the Western Australian Coal Industry Tribunal held at Collie.

Application No. 38 of 1967. Between the Australian Collieries Staff Association

Industrial Union of Workers, Applicant, and Griffin Coal Mining Co. Ltd. and Western Col- lieries Ltd., Respondents.

Application for an increase in wages of 30 cents per week for classifications in Division "A".

Decision. THIS is an application by the Association for an increase of 30 cents per week for all Division "A" classifications in Award No. 62 of 1955, in order to restore parity with their counterparts in New South Wales (C.R. 1859) and with Division "B" classifications.

The Tribunal has allowed the amendments as claimed, the employers being in agreement.

The Tribunal hereby awards, orders and pre- scribes that Award No. 62 of 1955 of the W.A. Coal Industry Tribunal, as amended, be further amended in the following manner:—

1. Clause 5. Wages subclause (b): Increase all margins shown opposite classifications in Division "A" by 30 cents per week.

2. These amendments shall be deemed to have taken effect from the commencement of the pay period current on 14th September, 1967.

Dated at Collie this 25th day of October, 1967. W. J. WALLWORK,

Chairman, Western Australian Coal Industry Tribunal.

Filed in my office this 18th day of March, 1968. R. BOWYER,

Industrial Registrar, The W.A. Industrial Commission.

DEPUTIES. Award No. 19 of 1954.



Application No. 37 of 1967. Between Collie District Deputies Union of Workers,

Applicant, and Amalgamated Collieries of W.A. Ltd., and others, Respondents.

Application for an increase of marginal rate payable to Deputies by 97 cents per shift.

Decision. THIS is an application by the Deputies Union to increase the marginal rate payable to deputies by 97 cents per shift, following a similar increase granted to tradesmen in the engineering unions on 28th July, 1967.

The members of the Tribunal being unable to agree and evenly divided the Chairman gave the decision of the Tribunal and allowed an increase


of 15 cents per shift to remove an anomaly created by the continued payment to engineers of the underground allowance of 15 cents per shift, the rates of deputies and engineering tradesmen being otherwise equated.

In the case of engineers their increases were granted in anticipation of the decision expected shortly to be given in the Commonwealth Metal Trades Margins case. If, as previously, any marginal increases granted by Federal Tribunals flow to mineworkers in New South Wales, it will be open to the Union to apply for a similar increase in this State.

The Tribunal hereby awards, orders and pre- scribes that Award No. 19 of 1954 of the W.A. Coal Industry Tribunal as amended be further amended in the following manner:

1. Clause 9. Rates of Pay subclause (b): In- crease the amount shown inerein by 15 cents per shift.

2. This amendment shall not apply to attendance allowance.

3. The amendment shall be deemed to have taken effect on and from the commencement of the pay period current on 14th August, 1967.

Dated at Collie this 29th day of November, 1967. W. J. WALLWORK,



Industrial Registrar, The W.A. Industrial Commission.

MINING. Award No. 4 of 1953.



Application No. 35 of 1967. Between Coal Miners Industrial Union of Workers

of Western Australia, Applicant, and Amalga- mated Collieries of W.A. Ltd, and others, Re- spondents.

Application for an increase of marginal rates for all classifications by 97 cents per shift.

Decision, THIS is an application by the Miners' Union to increase marginal rates for all classifications by 97 cents per shift, following similar increases granted to tradesmen in the Engineering Unions on 28th July, 1967.

The members of the Tribunal being unable to agree and evenly divided the Chairman gave the decision of the Tribunal and dismissed the application in respect of all classifications with the exception of that of composite miners. Composite miners will receive an increase of 15 cents per shift to remove an anomaly created by the continued payment to engineers of the underground allowance of 15 cents per shift, the rates of composite miners and engineering tradesman being otherwise equated.

In the case of engineers their increases were granted in anticipation of the decision expected shortly to be given in the Commonwealth Metal Trades Margins case. If, as previously, any marginal increases granted by Federal tribunals flow to mine-workers in New South Wales, it will be open to the Union to apply for similar increases in this State.

The Tribunal hereby awards, orders and pre- scribes that Award No. 4 of 1953 of the W.A. Coal Industry Tribunal, as amended, be further amended in the following manner:—

1. Clause 6 Wages, subclause c) (i). Increase the marginal rates shown opposite classification No. 30 Miner—composite duties—by an amount of 15 cents per shift.

2. This amendment shall not apply to attendance allowance.

3. The amendment shall be deemed to have taken effect on and from the commencement of the pay period current on 14th August, 1967.

Dated at Collie this 29th day of November, 1967. W. J. WALLWORK,



Industrial Registrar, the W.A. Industrial Commission.

AWARDS-Applications for

Amendment of- APPLICATION BY MINE-WORKERS UNIONS

FOR A 35 HOUR WORKING WEEK. MINING ACT 1904-1965.

Part XIII, Division 1. Before the Western Australian Coal Industry

Tribunal, held at Collie. Applications Nos. 11, 13, 14 and 17 of 1967.

Between: 11/67—Coal Miners Industrial Union of Workers

of Western Australia; 13/67—Collie District Deputies Union of

Workers; 14/67—Federated Engine Drivers' and Fire-

men's Union; 17/67—Amalgamated Engineering Union of

Workers, Applicants, and; Griffin Coal Mining Co. Ltd., and others.

Respondents, Application for a 35-hour Working Week.

Decision. THESE applications, which are made jointly, comprise what has become known as the 35 hour week case. They represent the culmination of earlier efforts by the mine-workers unions to secure a straight out 35 hour week, or 70 hour fortnight in lieu of the prescribed 77 hour fortnight.

A 35 hour week has been in practical operation on a trial basis since 1961, hours actually worked being made up by 10 shifts per fortnight each of 7 hour duration bank-to-bank. The mine workers


have worked under an arrangement incorporated in the awards that any deficiency in the tonnage quota at any mine be made up by working an eleventh shift on back Saturday as part of the working fortnight and without any obligation on the part of the employers to pay for the extra shift. Only one mine, on two occasions, has been required to work on a back Saturday to make up a tonnage quota during the whole trial period.

No good purpose is being served by retaining the back Saturday provisions in their present form the 35 hour week will be implemented in full without any loss of pay to mine-workers and, it is anticipated, without any inrcease in costs to the com- panies. Certain fringe benefits will flow to mine-workers by the reduction from an 11 shift to a ten shift fortnight, but the workers will be asked to make some sacrifices in return. In particular, the prescribed 7 hour bank-to-bank shift will become a 7 hour bank-to-bank shift in fact. There will be no time concessions.

Attendance allowances will continue, the same amount of money being paid as at present. The whole question of attendance allowance is due for overhaul, but that is not a matter for the moment.

It is not suggested that the principle should be abolished or the amount of payments reduced. Rates of pay will be converted to total rates per week instead of margins per shift. It will take some time to work out the new rates and to frame consequential amendments which will flow from the introduction of a 70 hour fortnight. The minutes of draft Award amendment will be duly handed down and may be spoken to if required.

It is anticipated that production per man-shift will be maintained at its present level if not increased. Production quotas will be set by the Tribunal, failing agreement between the parties. If quotas are not met action may be taken by the Tribunal on the application of any party.

In the existing provisions of the various Awards relating to the bonus production shift there is to be found a reference to a worker who fails to make a reasonable effort to maintain production, or who is a frequent absentee from work without lawful excuse. The Unions supported this provision when it was introduced into the Awards and have continued to support it in operation. Similar provisions will be retained in the new Award amendments and continued support is expected from the Unions involving decisive action against any worker who, after due warning does not pull his weight.

The whole idea leading to the introduction of a 35 hour week of five shifts is that production will be maintained or increased, and that costs will be maintained at their present level. Full co-operation of management and workers is expected in order to achieve this result.

This decision is the decision of the Chairman, other members of the Tribunal being unable to agree and evenly divided.

Tribunal Award amendments will follow this decision and will be promulgated in due course.

Dated at Collie this 29th day of November, 1967.. W. J. WALL WORK,

Chairman, W.A. Coal Industry Tribunal.

Filed in my office this 18th day of March, 1968. R. BOWYER, Industrial Registrar

the W.A. Industrial Commission.

115

APPRENTICES-

Application to employ apprentices

in excess of quota fixed

by Award- FURNITURE TRADES. Award No. 6 of 1960.

In the Matter of Award No. 6 of 1960 (Furniture Trades), and in the matter of a Board of Reference thereunder.

Decision. 1. In this matter, Poveys Furniture Manufac-

turers of 415 Scarborough Beach Road, Osborne Park, applied to the Board of Reference for approval to employ Ross Edward Jennings as a Cabinet Making apprentice in excess of the proportion set down under the award. The application is made under Clause 39 (a) of the award.

2. Ross Jennings had completed twelve months' full time training at Leederville Technical School and was eligible for apprenticeship on a three year term.

3. It was submitted to the Board that this Com- pany had the necessary facilities to soundly train the apprentice in the trade of cabinet making and the Board was also satisfied that the existing ratio of apprentices to journeymen in this firm was such that Jennings would receive proper training.

4. The Secretary of the Union indicated to the Chairman that in this particular instance the Union was not strongly opposing the application.

5. Accordingly the decision of the Board is that approval be granted to Poveys to employ Ross Edward Jennings as a cabinet making apprentice in excess of the quota prescribed in the above award.

Dated at Perth this 15th day of March, 1968. R. R. ELLIS,

Chairman.

Reduction of Term of Registered

Apprenticeship Agreements- BEFORE THE WESTERN AUSTRALIAN


In the matter of Apprenticeship Regulations, 1964, and in the matter of various registered apprenticeship agreements and applications to reduce the terms thereof. (Private Employ- ment.)

HAVING read and considered the applications herein made under regulation 11 of the above- mentioned regulations and having considered the recommendation of the Western Australian Ap- prenticeship Advisory Council in relation thereto and by consent of all the parties to the above apprenticeship agreements in connection with which the applications are made and the consent of the Unions concerned, I, the undersigned Chief Industrial Commissioner of the Western Australian Industrial Commission, in pursuance of the powers contained in the said regulations and all powers therein enabling me do hereby approve of the


terms of the agreements of apprenticeship as set out and identified in the said schedule hereto being reduced from five years to four- years and confirm the agreement demonstrated by each application that any periods of technical training lost as a result of the reduction in terms approved herein be made up in the remaining years of apprenticeship.


CSgd) B. M. O'SULLIVAN, [L.S.l Commissioner.

Schedule. Reductions of One Year—Private Sector.

Name; Trade; Employer. I. S. Smith; Electrical Fitting; Great Boulder Gold

Mines Ltd. C. R. Rees; Boilermaking/lst Class Welding;

Humes Ltd.

Syllabus of Training- SHEETMETAL WORKING.

FIRST YEAR. Industrial Safety.

Training should follow the principles set out in "Apprentice Safety Manual—Metal Trades". Apprentices should be conversant with section I of the manual and their responsibilities to industry.

Practical Plane and solid geometry. Trade calculations. The preparation of qualities of soft solders used

in sheet metal working. Notes on Soldering—The uses of fluxes and acids,

the preparations of soldering irons for use with various metals and solders, phosphoric acid and soldering fluxes.

The setting out of various joints and seams. Weights and gauges of sheetmetals for different

work. Metals and their properties. Elementary consideration of alloys, lead and tin,

copper, zinc, plastics, stainless steel, aluminium, cusilman, bronze, coated metal sheets (i.e., as in Marviplate). Care, handling and protection of such material.

First principles.—Correct use of all hand and elec- trically operated tools, machines, and care of same, correct use of hand tools, including the sharpening of twist drills, and equipment, and the necessity of a proper attitude to work situation and industrial clothing. Correct use of rollers. Correct principles of folding, grooving, notching, wiring, jennying, and making allowances for same.

Making of square trays, round trays, knockups, soldering methods, practical geometry, ground- ing in pattern marking radial line developments, simple cones, funnels. To understand the first principles of oxy, arc and also plastic welding. To be proficient in simple welds on sheetmetal between ten and sixteen gauge (Birmingham Sheetmetal gauge in practice).

Revision.

[17 April, 1968.

SECOND YEAR. Industrial Safety.

Training should follow the principles set out in "Apprentice Safety Manual—Metal Trades". Apprentices should be conversant with section II of this manual.

Practical plane and solid geometry. Trade calculations. Jointing methods.—Strength of soft solders of

various composition, and soldered joints. Dif- ference in technique between hard and soft soldering, silver soldering, brazing, bronze welding. Melting temperatures of jointing materials and metals.

Composition of the following alloys; Monel metal, stainless steel, silver solder, bronzes, plastics, aluminium, etc.

Protective coatings for metals as used in the Sheetmetal Industry.

Characteristics of the commercial acids (hydro- chloric, sulphuric and nitric) and their re- actions with the common metals.

Simple Radial Line Development.—Circular bell- mounts with knocked up flange and bottom and pipes coming off at different angles. Oblique cones, pyramids, buckets, cabinetwork procedures.

Simple parallel Line Developments.—Elbows, tees, Y-pieces, pipe junctions. Lobster back bends, simple blocking, stretching and forming of metal.

Revision. Continuing proficiency in oxy and arc welding. Including resistance welding.

THIRD YEAR. Industrial Safety.

Training should follow the principles set out in "Apprentices Safety Manual—Metal Trades". Apprentices should be conversant with Section III of this manual.

Pattern Drawing to scale with triangulation exercises.

Rounded elbows and offsets in square downpipe. Rounded elbows and offsets in rectangular down-

pipe. Box with knocked-up ends. Sink (equal tapered sides and knocked up ends

and bottom). Stove pipe. Elbow. T-pieces in unequal pipes. Oblique T-pieces in equal and unequal pipes. Offside oblique T-pieces as applies to exhaust

systems and air conditioning systems. Elbows and junctions in square pipe at different

angles (Square and diagonal). Cone frustrum and intersections. Blocking and

peening. Simple Rainheads. Oval container with blocked

lid. Bell mouth, square base and circular top. Exercises in cutting and fitting gutter mitres. Cabinetwork. External and internal angles at 90 degs. and

various other angles. Return ends. Box gutter, joints, branches, etc. Curved O.G. gutter.


Capable of oxy cutting, argon welding, micro inert gas welding, metallic arc welding. Plastic welding.

Assembling and care of equipment, etc. Continuing proficiency in Oxy and Arc Welding. The working and forming of plastic materials. Revision.

FOURTH YEAR. Industrial Safety.

Vent on sloping vent sheet. Transitional and conical.

Rectangular pipe intersecting cylinder obliquely. Bellmouth or chute out of centre. Semi circular to round or Transitions—oblong pipe

to round. Irregular breeches pieces. Wheel barrow body. Bull nose—Rounded corner. Transition elbow. Develop mitres in mouldings including door and

window frames. Multiple way piece—Welded—Triangulation. Industrial and Agricultural hoppers. Twisted rectangular pipe bends. Composite models. Power brakes, mechanical and hydraulic, safety in

use. Setting and adjustment and bending sequences.

Continuing proficiency in oxy cutting, argon welding, micro-inert gas welding, metallic arc welding. Plastic welding.

Knowledge of the principles of the power fixing tool and to become proficient in its use (with the object of obtaining license). >

Metal Finishing: Types of wheels, speeds and grits. Sanding: Types of discs and techniques.

Abrasive Bobs: Types of glues and grits. Polishing types of mops and polishing com-

pounds. Knowledge of the techniques involved in pre-

paring surfaces for protection coatings. Knowledge of chemical reaction in the joining

of dissimilar materials. The working and forming of plastic material.

FIFTH YEAR. Advanced triangulation. Oblique conical sections. Mitring oblique conical sections and cylinders. Oblique pyramid and prism. Oblique pyramid section and prism. Unequal tapering objects with flat and curved sur-

faces combines. Oval equal and unequal tapering objects. Elliptical cones and section. Box letters. Practical projects. To become proficient in all branches of the weld-

ing processes applicable to this trade. To have acquired an elementary knowledge of cost-

ing, the principles of shop planning and production.

To be able to work from and have a thorough knowledge of Mechanical and Architectural Drawings as applicable to this trade.

The working and forming of plastic material. Where metal spinning is undertaken within an

establishment an apprentice employed in his last year should have some knowledge of this activity.

Industrial Safety. H. PROTHERO, R. C. PURDIE, G. BLENCOWE, L. W. BENNETTS,

Examiners.

Documents

[63] · 2020. 3. 5. · [63] WEDNESDAY, 17th APRIL, 1968 No. 48-Part 1 >S — Delivered GROCERY AND MATCH MANUFACTURING. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 5