Ship Painters' and Dockers' Awardforms.wairc.wa.gov.au/awards/SHI001/p18/SHI001.docx · Web viewShip Painters' and Dockers' Award 1. – TITLE This award shall be known as the “Ship

Ship Painters' and Dockers' Award

1. – TITLE

This award shall be known as the “Ship Painters’ and Dockers’” Award No. 29 of 1960 as varied and consolidated, and replaces awards numbered 7 and 7A of 1956.

1B. – MINIMUM ADULT AWARD WAGE

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

(2) The minimum adult award wage for full-time employees aged 21 or more is $692.90 per week payable on and from the commencement of the first pay period on or after 1 July 2016.

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

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

(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.

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

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

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

(a) Apply to all work in ordinary hours.

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

(9) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2016 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

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

(10) Adult Apprentices

(a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $593.90 per week on and from the commencement of the first pay period on or after 1 July 2016.

(b) The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.

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

(d) Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003.

2. – ARRANGEMENT

1. Title1B. Minimum Adult Award Wage2. Arrangement2A. State Wage Principles – September 19892B. Structural Efficiency3. Area and Scope4. Term

Division I – General Provisions Applicable to All Employees Except Where Otherwise Provided

1. Meal Money2. Payment of Wages3. Special Rates4. Dirty or Obnoxious Work and Cleaning Vessels After Obnoxious Cargoes5. Non Accumulation of Special Rates6. Working in Water7. Lighting and Ventilation8. Prevention of Accidents9. Protective Clothing and Equipment10. First Aid Facilities11. Accommodation12. Ships’ Crews13. Compassionate Leave14. Union Meetings15. Time and Wages Records16. Right of Entry17. Definitions

Division II – This Division Shall Apply to Permanent Employees as Defined in Clause 17. – Definitions of Division I of This Award Except Where Otherwise Provided

1. Hours of Work2. Meal Times3. Work During Meal Times4. Rates of Wages5. Higher Duties6. Overtime7. Saturday, Sunday and Holiday Work8. Holidays9. Annual Leave10. Sick Leave11. Long Service Leave12. Rest Periods

13. Fares and Travelling Time14. Contract of Service

Division III – This Division Shall Apply to Employees Who Are Employed as “Registered Casual Employees” and “Unregistered Casual Employees” as Defined in Clause 17. – Definitions, of Division I of This Award, Except Where Otherwise Provided

1. Hours of Work2. Meal Times3. Work During Meal Times4. Rates of Wages5. Overtime6. Saturday, Sunday and Holiday Work7. Public Holidays, Annual Leave and Sick Leave – Registered Casual Employees8. Long Service Leave9. Rest Periods10. Travelling Time11. Guarantee of Earnings – Registered Casual Employees12. Minimum Period of Engagement13. Engagement of Employees14. Attendance Money

Division IV – Ship Building and/or Repairing

1. Contract of Service2. Rates of Wages3. Higher Duties4. Under Rate Employees5. Hours6. Implementation of 38 Hour Week7. Overtime8. Shift Work9. Payment of Wages10. Car Allowance11. Fares and Travelling Time12. Holidays and Annual Leave13. Absence Through Sickness14. Long Service Leave15. Posting of Award and Union Notices

Appendix – Resolution of Disputes RequirementSchedule “A” – Respondents Appendix – S.49B – Inspection Of Records Requirements

2A. – STATE WAGE PRINCIPLES – SEPTEMBER 1989

It is a term of this award that the union undertakes for the duration of the Principles determined by the Commission in Court Session in Application No. 1940 of 1989 not to pursue any extra claims, award or over award except when consistent with the State Wage Principles.

2B. – STRUCTURAL EFFICIENCY

Arising out of the decision of August 7, 1989, in the National Wage Case (Print No. 9100) and the State Wage Case on September 8, 1989 and in consideration of the wage increase resulting from the first 3% Structural Efficiency adjustment, employees are to perform a wider range of duties associated with the main tasks or functions consistent with the application of the Structural Efficiency principles, as agreed between the parties.

3. – AREA AND SCOPE

This award shall operate –

(1) Within the ports of Fremantle and Perth and within the Fishing Boat Harbour, Fremantle.

(2) On and about all slipways and shipyards contiguous with the said ports or harbour.

(3) Within the land and premises occupied by the Department of Marine and Harbours near Fishmarkets Jetty, Fremantle, and known as the boatyard and store.

And shall apply to all employees employed by the respondents set out in the schedule marked “A” and annexed hereto, in the maintaining, repairing, cleaning, fitting and such like work (including slipping and unslipping) on or about vessels of all description or any other class of work hitherto usually performed by ship painters and dockers.

4. – TERM

The term of this award shall be a period of three years from the beginning of the first pay period commencing after the date of delivery of the award. (This award was delivered on the 26 th day of September, 1961).

Division I. – General Provisions Applicable to All Employees Except Where Otherwise Provided

1. – MEAL MONEY

(1) Employees required to work after the tea meal hour on any day Monday to Sunday, both inclusive, or after the midday meal on any Saturday or Sunday, without being notified the previous day that the work would extend beyond the midday meal hour except when employment commences at or after 3.00pm, shall be paid a meal allowance of $8.50. This payment shall not be paid if the employer provides the necessary meal.

(2) Where reasonably practicable, employers shall give notice of the intention to work overtime not less than three hours before the commencement of work on the day upon which such overtime is to be worked.

(3) The amount of the meal money prescribed herein shall be varied in accordance with any variation to the meal money paid to Waterside Workers under the Waterside Workers’ Award.

2. – PAYMENT OF WAGES

(1) Wages shall be paid weekly to permanent employees and registered casual employees. Provided that unregistered casual employees discharged at or before 3.00pm on the ordinary working day shall be paid on the same day. In all other cases, wages shall be paid before 11.00am on the following working day. Wages shall be paid within a quarter of an hour of the time specified; if paid after the said quarter of an hour has elapsed, waiting time shall be paid for at the employee’s last rate for every quarter of an hour beyond the first quarter of an hour. Any fraction of a quarter of an hour shall be paid for as a full quarter of an hour.

(2) Wages shall be paid according to the scale for the time in respect to which they are payable. Broken time shall be paid to the next quarter hour.

3. – SPECIAL RATES

The following rates, additional to the rates set out in Clause 4. – Rates of Wages, of Division II and III and Clause 2. – Rates of Wages, of Division IV of this award, shall be paid for the categories of work set out hereunder:-

CentsPer Hour

(1) (a) When working in scavenge trunkways, sanitary soil tanks and oil tanks which have been in service, including -

double bottom tanks, drain tanks, settling tanks, wing tanks, storage gravity tanks, deep cargo tanks

$1.26

(b) When working in ballast tanks, fresh water tanks, salt water tanks, caissons, airtight compartments and air receivers, including -

double bottom tanks and cofferdams, peak tanks chain locker and transom space, trimming tanks, ballast deep tanks

$ .50

When working at any of the places referred to in (b) which have been in service

$ .87

(c) Cleaning engine crankcases externally or internally, cleaning engine room tank tops, cleaning boiler room tank tops, cleaning tunnel tank tops and tunnel well, cleaning bilges and holds, engine room, stokehold and tunnel, smoke boxes, furnaces, engine uptakes

$ .75

(d) When directly associated with the cleaning of -

(i) Oil Fired $1.26(ii) Coal Fired $ .75

(e) When wire brushing by hand -

in any of the spaces included in paragraph (b) hereof $ .60

in any other enclosed space, or partly enclosed space such as cabins, pantries, lockers and fan rooms

$ .12

(2) (a) When working in docks or in slipways on scraping, scaling, scrubbing and painting the external under water parts of vessels’ hulls from loadline to keel and/or removing refuse from the bottom of docks or slipways

$ .50

Provided that employees engaged on the duties just described who are working alongside tradesmen in the same situation for which the latter are entitled to a rate greater than the said $0.45 shall be paid such additional rate.

(b) When working from stages slung from dockyard cranes, painting the external parts of vessels above the loadline excluding work performed whilst working from an hydraulic platform

$ .38

(c) General painter and docker when working at the South Mole Slipway flaking out, chipping, oiling and painting anchors and cables

$ .38

(d) Employees operating shotblasting, sandblasting, and metal spraying machines

$ .95

(e) When using hydraulic blast cleaning the external parts of vessels $ .95

(f) Employees docking and undocking vessels, slipping and unslipping vessels, shifting ship, winch driving (other than when done as part of a riggers job and excluding work done by Waterside Workers on cargo) Hatchmen

$ .65

(g) Spray painting $ .65

(h) Removing composition or cement flooring, or repairing insulation $ .50

(i) Tarring of vessels or applying flintcote, rosebanite, res-q-steel or compositions of a similar nature but not including preparations which are applied cold with an ordinary paint brush -

1. If working in a confined space $ .86

2. Otherwise $ .50

(j) Employees operating automatic scaling and/or chipping machines, jackhammers, rotary wire brushes, flame scalers, or other power tools for chipping, cleaning and scaling

$ .65

Provided that no such pneumatic machine shall be used in any confined place, entrance to which is gained through a manhole or other similar opening, except in cases where the conditions are such as to render the work incapable of performance except with the use of pneumatic machines in which case such machines may be used for such extra rates as may be agreed upon.

Failing agreement as to the necessity for the use of such machines or as to the rate to be paid, the same shall be determined by a Board of Reference.

(3) (a) When performing work directly associated with cleaning from holds the residues of bulk wheat, cement, coal, iron ore, carbon black, sulphur, phosphates and like obnoxious cargoes or as otherwise determined by the Board of Reference

$ .50

(b) When working for more than one hour in places where the temperature is reduced by artificial means. Below 0 ° Celsius

$ .29

(c) An employee, when he is performing duties which bring him into contact with obnoxious cargoes, carrying in the case of Waterside Workers an extra rate, or where working in the vicinity of such cargoes while being handled by Waterside Workers, and in such case is subject to the same disability as the Waterside Workers, should be paid the extra rate in addition to the rate otherwise payable to him.

(4) When handling slag wool, insulwool or other material of a like nature used for providing insulation against heat, cold or noise shall when so employed be paid.

$ .38

Provided that employees directly assisting tradesmen handling these materials or other material of a like nature shall be paid the same allowances as are prescribed for such tradesmen from time to time.

Provided further that laggers when working with such materials in the same situation where a tradesman is entitled to an additional rate therefore, shall be paid such additional rate.

(5) Working in Submarines :-

(a) When working inside the hull, including the fin and external casings, but excepting the compartments referred to in paragraphs (b) and (c) hereunder

$ .54

(b) When working in the torpedo tube compartment, bilges, machinery, 42rganizat machine and asdic compartments

$ .89

(c) When scraping, scaling or painting in tanks including external and M tanks and torpedo tubes

$1.85

(6) (a) The provisions of this clause shall not apply to employees employed by -

Fremantle Port AuthorityThe Honourable Minister for Works in respect to the Public Works DepartmentThe Honourable Minister for Transport in respect of the Department of Marine and HarboursThe State Shipping Service.

(b) For such employees the provisions of Clause 10. – Special Rates of the award, in effect immediately prior to the 24 th December, 1982 shall continue to apply.

4. – DIRTY OR OBNOXIOUS WORK AND CLEANING VESSELS AFTER OBNOXIOUS CARGOES

Work which is unusually obnoxious or of an objectionable nature and for which no other special rates are prescribed by this award, shall be paid an extra amount as agreed upon between the representative of the employer and of the union. If no agreement can be reached, the matter shall be referred to the Board of Reference for decision. No stoppage of work shall take place pending such decision.

If in any case for which special rates are prescribed, the Board of Reference decides that there exists any obnoxious, nauseating or objectionable feature to a degree which is exceptionally and unreasonably abnormal or unusual for such type of work, the Board may award such extra rate as it thinks fit for such work, in addition to those set out in Clause 3. – Special Rates of this award.

5. – NON ACCUMULATION OF SPECIAL RATES

Except for payments arising under paragraph (c) of of subclause (3) of Clause 3. – Special Rates, of this Division of this award, where more than one of the disabilities entitling an employee to special rates exist on the same job, the employer shall be bound to pay only one rate, namely the highest, for the disabilities so prevailing.

6. – WORKING IN WATER

Employees shall not be required to go into water to scrub the bottom of vessels, nor shall they be required to commence painting on the bottom until the part of the dock or slip on which they are required to stand has been swept. Employees shall not be required to go into the tanks or punts while there is water in them, unless it is to remove or clear out the water.

7. – LIGHTING AND VENTILATION

The employer shall provide an efficient system of lighting and ventilation on all jobs, where necessary.

All manhole doors shall be removed from tanks and boilers while employees are working in them.

8. – PREVENTION OF ACCIDENTS

(1) Employees shall not be required to use long handled brushes, rollers, brooms or scrapers on swinging stages of single plank width in dry docks or slips or on extension ladders when extended.

(2) Stage planks shall be of suitable strength and shall be fitted with life lines. Life lines shall be extended the full length of the staging.

(3) Subject to the provisions of paragraph (j) of subclause (2) of Clause 3. – Special Rates, of this Division of this award, chipping machines shall be used only on the outside of vessels where there is a free current of air.

9. – PROTECTIVE CLOTHING AND EQUIPMENT

(1) (a) Goggles, medical pads for use as respirators, oilskins, gumboots, sou’-westers and rubber or plastic gloves shall be supplied to employees covered by this award where the nature of the employment is such as to warrant their respective use.

(b) Overalls and gloves shall be supplied to unregistered casual employees where the nature of the employment is such to warrant their respective use.

(c) In the event of any dispute arising under this subclause, it may be dealt with by the Board of Reference.

(2) The protective clothing and equipment issued to an employee under subclause (1) hereof, shall remain the property of the employer and shall be returned at the finish of each job or on the occasion of a fresh issue being made.

(3) (a) Each permanent employee and each registered casual employee, shall be supplied with three sets of overalls and three pairs of gloves. At the beginning of each subsequent three monthly period of employment each such employee shall be supplied with a further three pairs of gloves.

(b) A permanent employee who leaves his employment or a registered casual employee who is removed from the roster within four months of an issue of overalls shall return that issue to the employer in good order and condition, fair wear and tear excepted.

(c) One paid of safety footwear shall be issued to those employees agreed upon between the parties free of charge and shall be replaced when required through fair wear and tear attributable to ordinary use in the service of the employer. Provided that such replacement will only be made on return of the old pair. Employees issued with safety footwear must at all times wear such safety footwear during working hours.

(d) One winter coat similar to that issues to Waterside Workers shall be issued free of cost once every two years to those employees agreed upon between the parties. Provided that an employee who has been issued with the old style coat shall not receive a replacement under this subclause for three years.

(4) When a permanent employee or a registered casual employee has been provided with protective clothing pursuant to this clause, the employer shall launder those overalls or shall pay the employee a laundry allowance of $12.20 per week on a daily basis.

(5) The provisions of subclause (3) and (4) of this clause shall not apply to employees engaged under the provisions of Division IV of this award.

10. – FIRST AID FACILITIES

In each establishment where employees are employed, the employer shall ensure that a first aid kit is available.

An allowance of $1.17 per day shall be paid to an employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from St. John’s Ambulance or similar body. The allowance will only apply when the employee has been specifically appointed by the employer to perform first aid duty.

11. – ACCOMMODATION

(1) Accommodation shall be provided for employees to change their clothing and, except where the custom of the establishment otherwise provides, five minutes shall be allowed the employees to clean their hands at each break and suitable material including hot water and soap or cleaning paste provided for that purpose. Hot water shall be provided at all meal times.

(2) Employees engaged in cleaning out oil tanks or bilges, or where the work is of an exceptionally dirty nature, shall be allowed a reasonable time to cleanse themselves, and shall be provided with hot water for that purpose.

(3) Wherever practicable, all mess rooms shall be installed with reverse cycle air conditioning.

12. – SHIPS’ CREWS

Bona fide members of the ship’s crew, whether on articles or not, shall not be debarred from carrying out any duties in connection with the cleaning, chipping, painting or scraping of any vessel above light float line, that they have hitherto been accustomed to perform.

13. – COMPASSIONATE LEAVE

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

Provided that payment in respect of compassionate leave is to be made only where the employee otherwise would have been on duty and shall not be granted in any case where the employee concerned would have been off duty in accordance with his roster, or on long service leave, annual leave, sick leave, workers’ compensation, leave without pay, or on a public holiday.

14. – UNION MEETINGS

The union shall be entitled to hold a meeting of its members during the following quarters – January-March; April-June; July-September, and October-December.

Such meetings which shall be of not more than two hours’ duration may be held during ordinary working hours and without payment for such time, provided that the date and times of such meetings are mutually agreed upon between the parties following notification by the union during the week preceding the proposed date

15. – TIME AND WAGES RECORDS

(1) Each employer shall keep time and wages records showing the name of each employee, the nature of his work, the hours worked each day and the wages and allowances paid each week. Any system of automatic recording by means of machines shall be deemed to comply with this provision to the extent of the information recorded.

(2) The time and wages records 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 he shall be allowed to take extracts therefrom. Before exercising a power of inspection the representative shall give reasonable notice of not less than 24 hours to the employer. The employer’s works shall be deemed to be a convenient place for the purpose of this paragraph and if for any reason the record be not available at the works when the official calls to inspect it, it shall be made available for inspection within twelve hours either at the employer’s office or at the works.

Provided that nothing in this subclause shall empower a duly accredited official of the union to enter any part of the premises of the employer, pursuant to this subclause, unless the employer is the employer or former employer of a member of the Union.

16. – RIGHT OF ENTRY

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

On notifying the employer or his representative, the Secretary or any 42rganizati officer of the union shall have the right to visit and inspect any job at any time when work is being carried out whether during or outside the ordinary working hours and to interview employees covered by this award, provided that he does not unduly interfere with the work in progress.

17. – DEFINITIONS

“Labour Controller” means the Labour Controller appointed pursuant to the Fremantle Port Authority Regulations.

“Permanent Employee” means an employee other than a registered or unregistered casual employee.

“Recognised Pick-up” means such place or places as shall from time to time be agreed between the union and the employers as places at which shall be engaged.

“Registered Casual Employee” means a casual employee registered in accordance with the Fremantle Port Authority Regulations.

“Rigger” means –

(1) an employee engaged on:

(a) fitting, making, dismantling or repairing ships’ gear or boats’ gear; or

(b) splicing or repairing wires and/or ropes or making or repairing puddings, fenders, mats, grummets or work usually done in rigging lofts; or

(c) canvas or leather work for ships’ gear; or

(d) the erection of tackle with wire or rope for lifting on ships or in shipyards, dockyards or on slipways.

(2) An employee, other than one employed under the provisions of the Metal Trades Award, who is engaged on lagging shall be paid at rigger’s rates.

“Ship Repair” means –

(1) all repair work done on a ship;

(2) all work, other than the making of spare parts and stores, done in a workshop used for ship repairs only;

(3) repair work done in a workshop or dockyard or on a slipway used for both ship repairing, general ship building and general ship construction on which employees are engaged both on the ships and in the workshop or dockyard or on the slipway;

and shall include all work deemed by the Board of Reference to be on ship repair.

“Union” means the Maritime Workers’ Union of Western Australia, Union of Workers.

“Unregistered Casual Worker” means an employee, other than a registered casual employee, whose wages are paid upon an hourly basis and who is employed or usually employed on work within the scope of this award.

“Inner Harbour” for the purpose of this award means the area described in the “First Schedule” to the Fremantle Port Authority Act, 1902.

“Sliphand-Rigger” means an employee who is paid as a rigger, is employed by the P.W.D. slipway and who is required to carry out the duties of a general hand and a rigger.

Division II. – This Division Shall Apply to Permanent Employees as Defined in Clause 17. – Definitions of Division I of This Award, Except Where Otherwise Provided

1. – HOURS OF WORK

(1) Thirty-five hours shall constitute a week’s work for employees employed by the State Shipping Service, the Public Works Department or the Department of Marine and Harbours, and for other employees whilst engaged on work for the State Shipping Service on work on the slipway (including work on vessels whilst on the slipway) operated by the Public Works Department or on work, excepting work of a ship repair nature, of cleaning holds, lashing cargo, dunnaging, fitting out or any other work associated with the loading or discharging of cargo from vessels. The ordinary working hours for such employees shall not exceed seven per day, Monday to Friday inclusive to be worked from 7.30am to 3.00pm.

(2) Thirty-eight hours shall constitute a week’s work for all employees engaged on work other than that referred to in subclause (1) of this clause. The ordinary hours of such employees shall be worked between the hours of 7.30am and 4.00pm Monday to Friday inclusive. Provided that the foregoing spread of hours may be altered by agreement between the employer and the majority of employees concerned.

2. – MEAL TIMES

The following shall be the prescribed meal times:

(1) Breakfast: 6.00am to 7.00am except when an employee is ordered in to work at or after 6.30am. Provided that when an employee is ordered in to work between the hours of 5.30am and 6.30am his breakfast time shall be from 7.30am and 8.30am.

(2) Dinner: 12.00 noon to 12.30pm. Provided that when, in the opinion of the slip master, it is necessary for the safety of a vessel during slipping or unslipping operations to postpone the prescribed dinner period, such dinner period may be postponed for any time up to one hour without payment of the penalty prescribed under clause 3 – Work During Meal Times of this Division: except when such postponement is made necessary by delay in commencing the slipping or unslipping caused by the late arrival of tugs.

(3) Tea: 3.00pm to 4.00pm. Provided further, that the tea hour shall be between 4.00pm and 5.00pm in the case of an employee whose ordinary hours of work are prescribed by subclause (2) of clause 1 – Hours of Work, of this Division, except where the spread of hours has been altered by agreement, in which case the above tea hour may also be altered.

(4) Supper: 10.00pm to 11.00pm except where work commences at 10.00pm or later.

3. – WORK DURING MEAL TIMES

So far as is possible and expedient, work shall not be performed during prescribed meal times. If, however, workers are required to work during prescribed meal times, the following rates of pay shall apply and continue to apply until the worker is knocked off for the full period for a meal –

Breakfast - two and a half times the ordinary rateDinner - double ordinary rateTea - double ordinary rateSupper - two and a half times the ordinary rate

Saturday, Sunday and Holidays, when work is required to be done through any meal time, payment at the ordinary rate additional to the payment for that day.

4. – RATES OF WAGES

(1) The following shall be the minimum rates of wages payable to employees employed under this Division –

Per Week$ ASNA TOTAL

(a) Rigger 692.90(b) General Hand 692.90

(2) Leading Hands – The following additional rates shall be paid to –

(a) Leading Hands employed by the Fremantle Port Authority and the State Shipping Service

(i) in charge of ten employees or less, an additional rate of 21.00

(ii) in charge of more than ten employees, an additional rate of 22.90

(b) Other Leading Hands 22.90

(3) Notwithstanding the provisions of subclauses (1) and (2) of this clause the following shall be the minimum rates of wages payable to employees in the Inner Harbour –

(a) Rigger 420.20 0 752.90

(b) General Hand 414.20 0 746.60

(c) Sub-Foreman – State Shipping Service Riggers’ Loft

433.30 0 766.70

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

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

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

5. – HIGHER DUTIES

Any employee carrying out work classified at a higher minimum than his ordinary work for two hours in any shift shall be paid at the higher minimum rate for such work for the whole of that shift. Provided that such minimum is not lower than such employee’s regular rate of pay. If he be employed for less than two hours at work classified at a higher minimum than his ordinary rate, he shall be paid his ordinary rate for the whole shift.

6. – OVERTIME

(1) Except as provided in Clause 3. – Work During Meal Times and Clause 7. – Saturday, Sunday and Holiday Work of this Division of the award, overtime shall mean all time worked before or after the usual starting or finishing time of the day and shall be paid for at the rate of double time.

(2) An employee who is recalled to work overtime after leaving his employer’s premises, whether notified before or after leaving the premises, shall be paid for a minimum of four hours’ work at the appropriate rate for each time he is so recalled.

Provided that, except in the case of unforeseen circumstances arising, such employee shall not be required to work the full four hours if the job he was recalled to perform is completed within a shorter period.

This subclause shall not apply where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

(3) Where overtime work commences at or after 11.00pm on any day, the whole of such work shall be deemed for the purpose of the award to have been worked on the following day.

(4) (a) An employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement.

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

7. – SATURDAY, SUNDAY AND HOLIDAY WORK

(1) Except as prescribed in Clause 3. – Work During Meal Times, and subclause (3) of Clause 6. – Overtime of this Division of this award, all time worked on a Saturday shall be paid for at the rate of double time.

Provided that except for the purpose of completing a job and then only for a limit of two hours, no work shall be performed between noon on Saturday and midnight on Saturday.

(2) All work done on a Sunday or on any of the holidays prescribed in Clause 8. – Holidays, of this Division of this award, shall be paid at the rate of double time and one half.

(3) A minimum of four hours at the appropriate rate shall be paid for work on Sundays and the holidays prescribed in Clause 8. – Holidays of this Division.

8. – HOLIDAYS

(1) Except as hereinafter provided, each of the following days, or the days observed in lieu thereof, shall be allowed as a holiday to all employees and be paid for, namely, New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Queen’s Birthday or Picnic Day (if held on a day mutually arranged between the union and the employer), Christmas Day and Boxing Day.

(2) Whenever any holiday falls on an employee’s ordinary working day and the employee is not required to work on such day, he shall be paid for the ordinary hours he would have worked on such day if it had not been a holiday.

(3) When any of the days mentioned in subclause (1) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(4) Payment shall not be made for any holiday which occurs whilst an employee is off duty owing to leave without pay or sickness, including accidents off duty, excepting time for which he is entitled to sick pay.

(5) When an employee is on duty or available for duty on the whole of the working day immediately preceding a holiday or resumes duty or is available for duty on the whole of the working day immediately following a holiday, as prescribed in subclause (1) of this clause, he shall be paid for such holiday.

9. – ANNUAL LEAVE

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

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

(3) If after one month’s continuous service in any qualifying twelve monthly period an employee leaves his employment or his employment is terminated by the employer through no fault of the employee, the employee shall be paid 2.69 hours’ pay at his ordinary rate of wage in respect of each completed week of continuous service in that qualifying period. Provided however, that an employee whose ordinary weekly hours of work are prescribed by subclause (2) of Clause 1. – Hours of Work, of this Division, shall be paid 2.92 hours’ pay in lieu of the 2.69 hours’ pay prescribed above.

(4) In addition to any payment to which he may be entitled under subclause (3) of this clause, an employee whose employment terminates after he has completed a twelve monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period, shall be given payment in lieu of that leave unless –

(a) he has been justifiably dismissed for misconduct; and

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

(5) An employee may be rostered off and granted annual leave with payment of ordinary wages as prescribed, prior to his having completed a period of twelve months’ continuous service, in which case, should the services of such employee terminate or be terminated prior to the completion of twelve months’ continuous service, the said employee shall refund to the employer the difference between the amount received by him for wages in respect of the period of his annual leave and the amount which would have accrued to him by reason of the termination of his service.

(6) (a) When computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the period that an employee is on annual leave and/or holidays. Provided that no deduction shall be made for any approved period an employee is absent from duty through sickness, with or without pay, unless the absence exceeds three calendar months, in which case deduction may be made for such excess only.

(b) Approved periods of absence from work caused through accident sustained in the course of employment shall not be considered breaks in continuity of service, but the first six months only of any such period shall count as service for the purpose of computing annual leave.

(7) “Ordinary wages” for the purpose of subclause (1) hereof shall mean the rate of wage the employee has received for the greatest proportion of the calendar month prior to his taking the leave.

(8) During a period of annual leave an employee shall receive a loading calculated on the rate of wage prescribed by subclause (1) hereof. This loading shall be as follows:-

(a) An employee shall be paid an annual leave loading of 25% of his ordinary rate of pay, when proceeding on annual leave that has accrued up to December 31, 1979 and an employee shall be paid an annual leave loading of 27½% on his ordinary rate of pay when proceeding on annual leave that has accrued from January 1, 1980. Provided however, that an employee whose ordinary weekly hours of work are prescribed by subclause (2) of Clause 1. – Hours of Work, of this Division, shall be entitled to a loading of 17½% on all annual leave; provided further however, that in no case shall an employee in receipt of an annual leave loading of 17½% receive a loading on four weeks leave of an amount which exceeds the amount set out in the Australian Bureau of Statistics publication for “Average Weekly Earnings Per Male Employed Unit” in Western Australia for the September Quarter immediately preceding the date of accrual of such leave.

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

(9) Provided that both the employer and employee agree in writing an employee shall be permitted to take annual leave in two parts. No one part is to be less than one week’s duration.

10. – SICK LEAVE

(1) (a) An employee shall be entitled to payment for non-attendance on the ground of personal ill health or injury for one sixth of a week’s pay for each completed month of service.

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

(2) The unused portion of the entitlement prescribed in paragraph (a) of subclause (1) hereof in any accruing year, shall be allowed to accumulate and may be availed of in the next or any succeeding year.

(3) In order to acquire entitlement to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of his inability to attend for work, the nature of his illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence.

(4) No employee shall be entitled to the benefit of this clause unless he produces proof to the satisfaction of the employer or his representative of such sickness, provided that the employer shall not be entitled to a medical certificate for absences of less than three consecutive working days unless the total of such absences exceeds five days in any one accruing year.

(5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when he is absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave.

(b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecutive days or more and he produces a certificate

from a registered medical practitioner that he was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if he is unable to attend for work on the working day next following his annual leave.

(c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time he proceeded on annual leave and shall not be made with respect to fractions of a day.

(d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee’s next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 9. – Annual Leave.

(e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 9. – Annual Leave shall be deemed to have been paid with respect to the replaced annual leave.

(6) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers’ Compensation Act nor to employees whose injury or illness is the result of the employee’s own misconduct.

(7) After ten continuous years’ service the employer shall pay to an employee on retirement, due to age or ill health, or in the case of his death to his dependants or his estate, any balance of accumulated sick leave entitlement of which the employee has not availed himself. Provided that the provisions of this subclause shall not apply to an employee whose ordinary hours of work are prescribed by subclause (2) of Clause 1. – Hours of Work of this Division.

(8) For the purpose of subclause (7) hereof, the accumulated sick leave entitlement shall be calculated on each completed month of service as from and including the first day of July, 1967, from which shall be deducted all sick leave taken since that date.

11. – LONG SERVICE LEAVE

(1) Subject to subclause (2) hereof, the conditions governing the granting of long service leave to full time Government wages employees generally shall apply to employees covered by this Division of the award.

(2) The Long Service Leave provisions set out in Volume 62 of the Western Australian Industrial Gazette at pages 1 to 5 both inclusive, are hereby incorporated in and form part of this award and shall apply to employees employed by private industry respondents bound by this Division of the award.

12. – REST PERIODS

Subject to a period of at least sixty minutes’ total of actual work prior to the time mentioned and that the period calculated from the actual time of commencement or on resumption of work after any meal break to the next meal break or anticipated time of cessation of work, is at least three hours –

10.00am to 10.15am3.00pm to 3.15pm6.00pm to 6.15pm8.00pm to 8.15pm2.00am to 2.15am4.00am to 4.15am

Provided that the times listed above may be varied by agreement between the employer and the union.

Provided further that where a worker is to continue working until 5.00pm or later, the rest periods shall be from 3.00pm to 3.20pm.

13. – FARES AND TRAVELLING TIME

(1) Employees required to work at places other than their usual place of employment shall be paid fares and 42rganizat time.

(2) Such 42rganizat time shall be paid at the rate appropriate to the time of start or finish of the working period.

(3) Travelling time shall not count as time worked for the purposes of the provisions of clause 6. – Overtime and clause 7. – Saturday, Sunday and Holiday Work.

14. – CONTRACT OF SERVICE

(1) The employment shall be weekly and a week’s notice on either side shall be given to terminate the engagement or a week’s wages paid in lieu. However, this shall not affect the right to dismiss for misconduct and, in such cases, wages shall be paid up to the time of dismissal only.

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

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

Division III. – This Division Shall Apply to Employees Who Are Employed as “Registered Casual Employees” and “Unregistered Casual Employees” as Defined in Clause 17. – Definitions, of Division I of This Award,

Except Where Otherwise Provided

1. – HOURS OF WORK

(1) The ordinary hours of work shall be not more than seven per day to be worked on any day of the week Monday to Sunday inclusive between the hours of 7.30am and 3.00pm.

(2) Employees who are required to perform work on any day shall be engaged to commence work at any of the following times:-

7.30am, 12.30pm, 3.00pm, 11.00pm.

2. – MEAL TIMES

The following shall be the prescribed meal times:

(1) Breakfast: 6.00am to 7.00am except when an employee is ordered in to work at or after 6.30am. Provided that when an employee is ordered in to work between the hours of 5.30am and 6.30am his breakfast time shall be from 7.30am and 8.30am

(2) Dinner: 12.00 noon to 12.30pm. Provided that when, in the opinion of the slip master, it is necessary for the safety of a vessel during slipping or unslipping operations to postpone the prescribed dinner period, such dinner period may be postponed for any time up to one hour without payment of the

penalty prescribed under clause 3. – Work During Meal Times of this Division: except when such postponement is made necessary by delay in commencing the slipping or unslipping caused by the late arrival of tugs.

(3) Tea: 3.00pm to 4.00pm.

(4) Supper: 10.00pm to 11.00pm except where work commences at 10.00pm or later.

3. – WORK DURING MEAL TIMES

So far as is possible and expedient, work shall not be performed during prescribed meal times. If, however, workers are required to work during prescribed meal times, the following rates of pay shall apply and continue to apply until the worker is knocked off for the full period for a meal –

Breakfast - two and a half times the ordinary rateDinner - double ordinary rateTea - double ordinary rateSupper - two and a half times the ordinary rate

Saturday, Sunday and Holidays, when work is required to be done through any meal time, payment at the ordinary rate additional to the payment for that day.


(1) Employees employed under this Division of this award shall not be paid less than:

(a) Registered Casuals – the minimum rate of wage per our shall be the appropriate weekly rate as prescribed in clause 4. – Rates of Wages, of Division II, of this award to which shall be added twenty per cent and the resultant figure divided by thirty five or thirty eight as the case may be.

(b) Unregistered Casuals – the minimum rate of wages per hour shall be the appropriate weekly rate as prescribed in clause 4. – Rates of Wages, of Division II, of this award to which shall be added thirty per cent and the resultant figure divided by thirty five or thirty eight as the case may be.

(c) Leading Hands – in addition to the aforementioned hourly rates, leading hands shall be paid the following additional rate per hour - (c) Leading Hands – in addition to the aforementioned hourly rates, leading hands shall be paid the following additional rate per hour - (c) Leading Hands – in addition to the aforementioned hourly rates, leading hands shall be paid the following additional rate per hour - $0.64..64..64.

(2) Hourly rates shall be brought to no more than two decimal points and where a final figure contains a decimal figure of .5 of a cent or more the amount to be paid shall be the next whole cent. Where the amount to be paid contains a figure of less than .5 of a cent, such figure shall be disregarded.

(3) Any employer who engages for employment any registered casual employee and who has not at some time prior to such engagement given to the union and to the Fremantle Port Authority a notice in writing that he proposes to abide by the terms of the agreement referred to in subclause (1) of clause 7. – Public Holidays, Annual Leave and Sick Leave – Registered Casual Employees, and subclause (2) of clause 8. – Long Service Leave of this Division of this award, and relating to annual leave, sick leave, long service leave and public holidays for registered casual employees or who, having given such notice is at the time of such engagement in breach of any of the terms of that agreement, shall pay to such registered casual employee wages calculated at the rate prescribed for unregistered casual employees in lieu of the rate prescribed for registered casual employees.

5. – OVERTIME

(1) Except as prescribed in subclause (2) of this clause and clause 7. – Public Holidays, Annual Leave and Sick Leave – Registered Casual Employees, of this Division of the award, overtime shall mean all time worked before or after the usual starting or finishing time of the day and shall be paid for at the rate of double time until the completion of the work.

(2) Where overtime work commences at or after 11.00pm on any day, all such overtime shall be deemed for the purpose of the award to have been worked on the following day.

(3) (a) An employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.

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

6. – SATURDAY, SUNDAY AND HOLIDAY WORK

(1) Except as prescribed in clause 3. – Work During Meal Times, and subclause (2) of clause 5. – Overtime of this Division of this award, all time worked on a Saturday shall be paid for at the rate of double time.

Provided that except for the purpose of completing a job and then only for a limit of two hours, no work shall be performed between noon on Saturday and midnight on Saturday.

(2) All work done on a Sunday or on any of the holidays prescribed in clause 8. – Holidays, of Division II of this award, shall be paid at the rate of double time and one half.

7. – PUBLIC HOLIDAYS, ANNUAL LEAVE AND SICK LEAVE - REGISTERED CASUAL EMPLOYEES

(1) Registered casual employees shall be allowed such public holidays, annual leave and sick leave as are provided for in an agreement in writing made between the union of the first part, certain employers parties to this award of the second part and the Fremantle Port Authority of the third part and dated the 18 th day of February, 1974, as amended from time to time.

(2) The liability under subclause (1) of this clause for the allowance of any payment for public holidays (not worked), annual leave and sick leave to registered casual workers shall be borne by the employer who first engages the worker concerned subsequent to the accrual to such worker of any right to such payment.

Provided, however, that the liability herein referred to shall be deemed to have been satisfied by the payment by the employer aforesaid at the time of engaging the worker of all moneys for the time being due and payable by such employer to the Fremantle Port Authority under the terms of the said agreement referred to in subclause (1) of this clause.


(1) The Long Service Leave provisions set out in Volume 62 of the Western Australian Industrial Gazette at pages 1 to 5 both inclusive, are hereby incorporated in and form part of this award.

(2) The liability under subclause (1) of this clause for the allowance of and payment of long service leave to registered casual employees shall be borne by the employer who first engages the employee concerned subsequent to the accrual to such employee of any right to such payment.

Provided however, that the liability herein referred to shall be deemed to have been satisfied by the payment by the employer aforesaid at the time of engaging the employee of all moneys for the time

being due and payable by such employer to the Fremantle Port Authority under the terms of the said agreement referred to in subclause (1) of clause 7. – Holidays, Annual Leave and Sick Leave – Registered Casual Employees, of this Division of the award.

9. – REST PERIODS

Subject to a period of at least sixty minutes’ total of actual work prior to the time mentioned and that the period calculated from the actual time of commencement or on resumption of work after any meal break to the next meal break or anticipated time of cessation of work, is at least three hours –

10.00am to 10.15am3.00pm to 3.15pm6.00pm to 6.15pm8.00pm to 8.15pm2.00am to 2.15am4.00am to 4.15am

Provided that the times listed above may be varied by agreement between the employer and the union.

Provided further that where a worker is to continue working until 5.00pm or later, the rest periods shall be from 3.00pm to 3.20pm.

10. – TRAVELLING TIME

(1) Casual employees, whether registered or unregistered, engaged for work at places other than Victoria Quay or other than those to which conveyance is effected by water transport, shall be paid 42rganizat time to and from the place of employment, from and to the pick-up place at which they were engaged. All fares incurred in such travel shall be paid by the employer.

(2) Casual employees, whether registered or unregistered, engaged for work on a vessel in Gage Roads shall be conveyed to and from the vessel in launches provided by the employer and shall be paid 42rganizat time for all time involved in such travel from and to the ferry landing.

(3) Casual employees, whether registered or unregistered, transferred from one vessel to another during the course of their employment, shall be paid 42rganizat time for all time necessarily involved in such travel.

(4) On the first day of employment of employees referred to in subclauses (1) and (2) hereof, the employer shall, when necessary, allow thirty minutes’ paid time in order that employees may make adequate arrangements to provide themselves with a meal.

(5) All 42rganizat time shall be paid for the actual period involved at the rate appropriate to the shifts, for the classification of employee involved.

11. – GUARANTEE OF EARNINGS – REGISTERED CASUAL EMPLOYEES

Subject to subclause (4) hereof, where the aggregate earnings of a registered casual employee during any 42rganizati weekly pay period are less than the equivalent of the ordinary weekly rate of a permanent General Hand for the same weekly pay period, the employer shall pay to that employee such amount as together with his aggregate earnings shall equal the equivalent of the ordinary weekly wage of a permanent General Hand for that weekly pay period, provided that –

(1) In the event of the death or retirement of the registered casual employee or that the registration of the registered casual employee is terminated by the Fremantle Port Authority, the guaranteed minimum earnings shall be applied pro rata to the service in the relevant pay period.

(2) Subject to subclause (4) hereof such guaranteed earnings shall be subject to a reduction of an amount equal to one-fifth of the weekly wage of a General Hand for each day, Monday to Friday inclusive, on which such registered casual employee is on 42rganizati unpaid sick (or injury) leave, or injury (or illness) for which he is in receipt of Workers’ Compensation, or (not having worked a “midnight shift” on that day) failed to present himself for work or to offer for or accept engagement for work in accordance with the Fremantle Port Authority Regulations.

(3) For the purpose of this clause, aggregate earnings shall mean –

(a) gross earnings (before deductions) from all employers; and

(b) payments made by the Fremantle Port Authority for attendance money, holiday pay, annual leave, sick leave or long service leave which relate to the period; but

(c) shall not include Workers’ Compensation payments, meal money or fares.

(4) When calculating the said earnings of each employee in addition to payments actually received, the employee shall be credited with the following payments as if he had received them –

(a) the gross wages he would have received if he had worked as required on any shift for which he was rostered but did not report or, having reported, refused to start work;

(b) in the case of 42rganization absence or 42rganization stoppage of work for part of a shift, or dismissal for misconduct the difference between the amount actually earned and the amount which would have been earned had the absence, stoppage or dismissal not occurred;

(c) the period of time of attendance at stop work meetings; and

(d) any cancelled attendance money payments which, but for the cancellation, would have been paid in respect of a day or days within the pay period.

Any reasonable doubt as to such amount under (a) or (b) above shall be resolved in favour of the employee.

(5) The liability for the payment of the amounts of earnings guaranteed herein, shall be borne by the employer who next engages the employee concerned. Provided, however, that the liability referred to shall be deemed to have been satisfied by the payment of the employer aforesaid – at the time of engaging the employee – to such authority as may have been agreed to by Registered Employers, such amount as may have been determined as being necessary to fund the guarantee.

12. – MINIMUM PERIOD OF ENGAGEMENT

Any casual employee, whether registered or unregistered, engaged for work, shall be paid for at least six hours at the appropriate rate for each attendance unless he fails to present himself for work when instructed to do so. Provided that in the event of an employee being engaged for work on a day shift on a Saturday morning or on the morning of a stopwork meeting authorized in accordance with clause 14 – Union Meetings of Division I of this award payment shall only be made up to the cessation of work, nor shall payment be made before the time work commences following a stop work meeting.

13. – ENGAGEMENT OF EMPLOYEES

(1) All casual employees, whether of registered or unregistered casual employees, required for work under this award shall be engaged at a 42rganizati pick-up centre. Such engagements shall be made between 7.15am and 9.15am on any day, Saturday, Sunday and holidays excepted, to commence work in accordance with clause 1 – Hours of Work of this Division.

(2) In the event of an emergency or any extenuating circumstances arising which call for the supply of casual employees outside picking-up hours, the secretary of the union shall, upon being requested by an employer, assist him in obtaining such employees.

(3) Nothing in this clause shall prevent the slip master from transferring employees employed on the slipway from work on one ship on the slipway to work on another ship on the slipway, as work on the slipway is deemed to be the job and not work on the ship on the slipway.

14. – ATTENDANCE MONEY

(1) Registered casual employees who attend at the 42rganizati pick-up centre and who make themselves available for engagement in accordance with the terms of this award shall, if not engaged to commence work before 12.30pm, be paid $13.20 for each such attendance.

(2) The liability for payment of attendance money for each attendance at the pick-up since the last day of employment of the said worker, and for which no engagement for work on the day of engagement occurred, shall be borne by the employer who ultimately engages the worker concerned. Provided, however, that the liability herein referred to shall be deemed to have been satisfied by the payment by the employer aforesaid – at the time of engaging the worker – to the Fremantle Port Authority of all moneys for the time being payable as service charges under the regulations from time to time made or purporting to have been made in pursuance of the power in that behalf contained in the Fremantle Port Authority Act, 1976.

Division IV. – Ship Building and/or Repairing

This Division shall apply to employees of employers engaged in the business of ship building and/or repairing on or about slipways and shipyards, and for which purposes the majority of employees employed by those employers are subject to the provisions of the Metal Trades (General) Award No. 13 of 1965 as varied or replaced from time to time, and the following provisions of that award shall apply to employees engaged on work covered by this Division, or such other provisions as may be agreed to between the parties in lieu thereof. Provided however, that this Division shall not apply to the employees of any Government Department, Instrumentality, Authority or other State Agency.

1. – CONTRACT OF SERVICE

(1) A contract of service to which this Division of this award applies may be terminated in accordance with the provisions of this clause and not otherwise, but this subclause does not operate so as to prevent any party to a contract from giving a greater period of notice than is hereinafter prescribed nor to affect an employer’s right to dismiss an employee without notice for misconduct and an employee so dismissed shall be paid wages for the time worked up to the time of dismissal only.

(2) Subject to the provisions of this clause, a party to a contract of service may, on any day, give to the other party the appropriate period of notice of termination of the contract prescribed in subclause (5) of this clause and the contract terminates when that period expires.

(3) In lieu of giving the notice referred to in subclause (2) of this clause, an employer may pay the employee concerned his ordinary wages for the period of notice to which he would otherwise be entitled.

(4) (a) Where an employee leaves his employment –

(i) without giving the notice referred to in subclause (2) of this clause; or

(ii) having given such notice, before the notice expires,

he forfeits his entitlement to any moneys owing to him under this award except to the extent that those moneys exceed his ordinary wages for the period of notice which should have been given.

(b) In a case to which paragraph (a) of this subclause applies –

(i) the contract of service shall, for the purposes of this award be deemed to have terminated at the time at which the employee was last ready, willing and available for work during ordinary working hours under the contract; and

(ii) the provisions of subclause (2) of this clause shall be deemed to have been complied with if the employee pays to the employer, whether by forfeiture or otherwise, an amount equivalent to the employee’s ordinary wages for the period of notice which should have been given.

(5) The period of notice referred to in subclause (2) of this clause is –

(a) in the case of a casual employee, one hour;

(b) in any other case –

(i) during the first month of employment under the contract, one day; and

(ii) after the first month of such employment, one week.

(6) (a) On the first day of engagement, an employee shall be notified by his employer or by the employer’s representative whether the duration of his employment is expected to exceed one month and, if he is hired as a casual employee, he shall be advised accordingly.

(b) An employee shall, for the purposes of this award, be deemed to be a casual employee –

(i) if the expected duration of the employment is less than one month; or

(ii) if the notification referred to in paragraph (a) of this subclause is not given and the employee is dismissed through no fault of his own within one month of commencing employment.

(7) The employer shall be under no obligation to pay for any day not worked, upon which the employee is required to present himself for duty, except when such absence from work is due to illness and comes within the provisions of clause 13 – Absence Through Sickness of this Division or such absence is on account of holidays to which the employee is entitled under the provisions of this Division.

(8) (a) The employer is entitled to deduct payment for any day upon which an employee (including an apprentice) cannot be usefully employed because of a strike by any of the unions party to this award, or by any other association or union.

(b) The provisions of paragraph (a) of this subclause also apply where the employee cannot be usefully employed through any cause which the employer could not reasonably have prevented but only if, and to the extent that, the employer and the union or unions concerned so agree or, in the event of disagreement, the Board of Reference so determines.

(c) Where the stoppage of work has resulted from a breakdown of the employer’s machinery the Board of Reference, in determining a dispute under paragraph (b) of this subclause, shall have regard for the duration of the stoppage and the endeavours made by the employer to repair the breakdown.


(1) The minimum weekly rates of wages for employees bound by this Division shall be –

Per WeekA$ B$

(a) (i) Rigger Certificated 692.90(ii) Rigger Not Certificated 692.90

(b) General Hand 692.90

(c) In any week when ship repair work is performed the parties may agree to the payment of a ship repair allowance to compensate for the disabilities associated with that work. The allowance agreed upon shall be in lieu of the provisions of Clause 3. – Special Rates of Division I of this award.




(2) Leading Hands –

In addition to the appropriate total rate prescribed in this clause, a leading hand shall be paid:

(a) if placed in charge of not less than three and not more than ten other employees

14.60

(b) if placed in charge of more than ten and not more than twenty other employees

22.50

(c) if placed in charge of more than twenty other employees 28.90

(3) A casual employee shall mean an employee who is engaged and paid as such, and shall be paid 20 per cent of the ordinary rate in addition to the ordinary rate for the calling in which he is employed.

3. – HIGHER DUTIES

An employee engaged on duties carrying a higher rate than his ordinary classification shall be paid the higher rate for the time he is so engaged but if he is so engaged for more than two hours of one day or shift he shall be paid the higher rate for the whole day or shift.

4. – UNDER RATE EMPLOYEES

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

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

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

5. – HOURS

(1) (a) The provisions of this subclause apply to all employees other than those engaged on continuous shift work.

(b) Subject to the provisions of this clause and clause 6 – Implementation of 38 Hour Week of this Division the ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases.

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

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

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

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

(c) The ordinary hours of work may be worked on any or all days of the week, Monday to Friday, inclusive, and except in the case of shift employees, shall be worked between the hours of 7.00am and 6.00pm. Provided that the spread of hours may be altered by agreement between the employer and the majority of employees in the plant or section or sections concerned.

(d) Where the first night shift in any week commences on Monday night the night shift commencing on Friday and finishing not later than 8.00am on Saturday of that week, shall be deemed to have been worked in ordinary working hours.

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

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

(f) The ordinary hours of work shall be consecutive except for a meal interval which shall not exceed one hour, and

(i) an employee shall not be compelled to work for more than five hours without a meal interval except where an alternative arrangement is entered into by agreement between the employer and the employees concerned.

(ii) When an employee is required for duty during his usual meal interval and his meal interval is thereby postponed for more than half an hour, he shall be paid at overtime rates until he gets his meal.

(g) (i) Subject to the provisions of this paragraph, a rest period of seven minutes from the time of ceasing to the time of resumption of work shall be allowed each morning.

(ii) The rest period shall be counted as time off duty without deduction of pay and shall be arranged at a time and in a manner to suit the convenience of the employer.

(iii) Refreshments may be taken by employees during the rest period but the period of seven minutes shall not be exceeded under any circumstances.

(iv) An employer who satisfies the Commission that an employee has breached any condition expressed or implied in this paragraph may be exempted from liability to allow the rest period.

(2) (a) The provisions of this subclause apply only to employees engaged on continuous shift work.

(b) Subject to the provisions of clause 6 – Implementation of 38 Hour Week of this Division the ordinary hours of continuous shift workers shall average 38 per week (inclusive of crib time) and shall not exceed 152 hours in twenty-eight consecutive days.

Provided that, where the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days.

(c) The ordinary hours of work prescribed herein shall not exceed 10 hours on any day. Provided that in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight hours on any day, the arrangement of hours shall be subject to the agreement of the employer and the majority of employees in the plant or section or sections thereof.

6. – IMPLEMENTATION OF 38 HOUR WEEK

(1) Except as provided in subclause (4) hereof, the method of implementation of the 38 hour week may be any one of the following –

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

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

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

(d) by rostering employees off duty on various days of the week during a particular work cycle so that each employee has one day of ordinary working hours off duty during that cycle.

(e) Except in the case of continuous shift employees where the ordinary hours of work are worked within an arrangement as provided in paragraph (c) or (d) of this subclause, any day off duty shall be arranged so that it does not coincide with a holiday prescribed in subclause (1) of clause 12 – Holidays and Annual Leave of this Division.

(2) In each plant, an assessment should be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees concerned, the objective being to reach agreement on the method of implementation.

(3) In the absence of an agreement at plant level, the matter shall be referred to the Western Australian Industrial Commission for determination without delay.

(4) Different methods of implementation of a 38 hour week may apply to various groups or sections of employees in the plant or establishment concerned.

(5) Notice of Days Off Duty

Except as provided in subclause (6) hereof, in cases where, by virtue of the arrangement of his ordinary working hours, an employee, in accordance with paragraphs (c) and (d) of subclause (1) hereof, is entitled to a day off duty during his work cycle, such employee shall be advised by the employer at least four weeks in advance of the day he is to take off duty.

(6) (a) An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off in accordance with paragraphs (c) and (d) of subclause (1) hereof, for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.

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

7. – OVERTIME

(1) (a) The provisions of this subclause apply to all employees other than those engaged on continuous shift work.

(b) Subject to the provisions of this subclause, 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.

For the purposes of this subclause, ordinary hours shall mean the hours of work fixed in an establishment in accordance with clauses 5 – Hours, and 6 – Implementation of 38 Hour Week of this Division.

(c) (i) Work done on Saturdays after 12.00 noon or on Sundays shall be paid for at the rate of double time.

(ii) Work done on any day prescribed as a holiday under this award shall be paid for at the rate of double time and a half.

(d) Work done on Saturdays prior to 12.00 noon shall be paid for at the rate of time and one half for the first two hours and double time thereafter but this paragraph does not apply in a case to which paragraph (d) of subclause (1) of clause 5 – Hours of this Division applies.

(e) In computing overtime each day shall stand alone but when an employee works overtime which continues beyond midnight on any day, the time worked after midnight shall be deemed to be part of the previous day’s work for the purpose of this subclause.

(2) (a) The provisions of this subclause apply only to employees engaged on continuous shift work.

(b) Subject to the provisions of paragraph (c) of this subclause all time worked in excess of or outside the ordinary working hours, or on a shift other than a rostered shift, shall be paid for at the rate of double time, except where an employee is called upon to work a sixth shift in not more than one week in any four weeks, when he shall be paid for such shift at time and a half for the first four hours and double time thereafter.

For the purposes of this subclause, ordinary hours shall mean the hours of work fixed in an establishment in accordance with clause 5 – Hours and clause 6 – Implementation of 38 Hour Week of this Division.

(c) Time worked in excess of the ordinary working hours shall be paid for at ordinary rates –

(i) if it is due to private arrangements between the employees themselves; or

(ii) if it does not exceed two hours and is due to a relieving man not coming on duty at the proper time, or

(iii) if it is for the purpose of effecting the customary rotation of shifts.

(3) (a) The provisions of this subclause apply to all employees.

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

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

(ii) An employee (other than a casual employee) 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 ten consecutive hours off duty between those times shall, subject to this paragraph, be released after completion of such overtime until he has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(iii) If, on the instructions of his employer, such an employee resumes or continues work without having had such ten 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 ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(iv) Where an employee (other than a casual employee or an employee engaged on continuous shift work) is called in to work on a Sunday or holiday preceding an ordinary working day he shall, wherever reasonably practicable, be given ten consecutive hours off duty before his usual starting time of the next day. If this is not practicable then the provisions of subparagraphs (ii) and (iii) of this paragraph shall apply mutatis mutandis.

(v) The provisions of this subclause shall apply in the case of shift employees who rotate from one shift to another, as if eight hours were substituted for ten hours when overtime is worked :

(aa) for the purpose of changing shift rosters; or

(bb) where a shift worker does not report for duty; or

(cc) where a shift is worked by arrangement between the workers themselves.

(vi) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this paragraph when the actual time worked is less than three hours on such recall or on each of such recalls.

(d) When an employee is recalled to work after leaving the job –

(i) he shall be paid for at least three hours at overtime rates;

(ii) time reasonably spent in getting to and from work shall be counted as time worked.

(e) When an employee 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.

(f) Subject to the provisions of paragraph (g) of this subclause, an employee required to work overtime for more than one hour shall be supplied with a meal by the employer or be paid three dollars and sixty-five cents for a meal and if, owing to the amount of overtime worked a second or subsequent meal is required he shall be supplied with each such meal by the employer or be paid two dollars and fifty-five cents for each meal so required.

(g) The provisions of paragraph (f) of this subclause do not apply –

(i) in respect of any period of overtime for which the employee has been notified on the previous day or earlier that he will be required; or

(ii) to any employee who lives in the locality in which the place of work is situated in respect of any meal for which he can reasonably go home.

(h) If an employee to whom sub-paragraph (i) of paragraph (g) of this subclause applies has, as a consequence of the notification referred to in that paragraph, provided himself with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, he shall be paid, for each meal provided and not required, the appropriate amount prescribed in paragraph (f) of this subclause.

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

(ii) No union or association party to this award, or employee or employees 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 subclause.

(4) The provisions of this clause do not operate so as to require payment of more than double time rates, or double time and a half on a holiday prescribed under this award, for any work except and to the extent that the provisions of clause 3 – Special Provisions of Division I of this award apply to that work.

8. – SHIFT WORK

(1) The provisions of this clause apply to shift work whether continuous or otherwise.

(2) An employer may work his establishment on shifts but before doing so shall give notice of his intention to the Union or Unions concerned and of the intended starting and finishing times of ordinary working hours of the respective shifts.

(3) (a) Where any particular process is carried out on shifts other than day shift, not less than five consecutive afternoon or five consecutive night shifts are worked on that process, then employees employed on such afternoon or night shifts shall be paid at overtime rates.

Provided that where the ordinary hours of work normally worked in an establishment are worked on less than five days then the provisions of paragraph (a) shall be as if four consecutive shifts were substituted for five consecutive shifts.

(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 any other day that the employer observes a shut down for the purpose of allowing a 38 hour week or on any holiday.

(4) Where a shift commences at or after 11.00pm on any day, the whole of that shift shall be deemed, for the purposes of this award, to have been worked on the following day.

(5) A shift employer when on afternoon or night shift shall be paid, for such shift fifteen per cent more than his ordinary rate prescribed by this clause 2 – Rates of Wages of this Division.

(6) (a) All work performed on a rostered shift, when the major portion of such shift falls on a Saturday, Sunday or a holiday prescribed under this Division, shall be paid for as follows –

Saturday - at the rate of time and one halfSunday - at the rate of time and three quartersHolidays - at the rate of double time

(b) These rates shall be paid in lieu of the shift allowances prescribed in subclause (5) of this clause.

(7) A continuous shift employee who is not required to work on a holiday which falls on his rostered day off shall be allowed a day’s leave with pay to be added to annual leave or taken at some other time if the employee so agrees.

9. – PAYMENT OF WAGES

(1) Each employee shall be paid the appropriate rate shown in clause 2 – Rates of Wages of this Division of this award. Subject to subclause (2) of this clause payment shall be pro rata where less than the full week is worked.

(2) From the date that a 38 hour week system is implemented by an employer wages shall be paid as follows:

(a) Actual 38 ordinary hours

In the case of an employee whose ordinary hours of work are arranged in accordance with paragraph (a) or (b) of subclause (1) of clause 6 – Implementation of 38 Hour Week of this Division so that he works 38 ordinary hours each week, wages shall be paid weekly or fortnightly according to the actual ordinary hours worked each week or fortnight.

(b) Average of 38 ordinary hours

Subject to subclauses (3) and (4) hereof, in the case of an employee whose ordinary hours of work are arranged in accordance with paragraph (c) or (d) of subclause (1) of clause 6 – Implementation of 38 Hour Week of this Division so that he works an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid weekly or fortnightly according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle.

SPECIAL NOTE – Explanation of Averaging System

As provided in paragraph (b) of this subclause an employee whose ordinary hours may be more or less than 38 in any particular week of a work cycle, is to be paid his wages on the basis of an average of 38 ordinary hours so as to avoid fluctuating wage payments each week.

An explanation of the averaging system of paying wages is set out below:

(i) Clause 6 – Implementation of 38 Hour Week of this Division in subclause (1) paragraphs (c) and (d) provide that in implementing a 38 hour week the ordinary hours of an employee may be arranged so that he is entitled to a day off, on a fixed day or rostered day basis, during each work cycle. It is in these circumstances that the averaging system would apply.

(ii) If the 38 hour week is to be implemented so as to give an employee a day off in each work cycle this would be achieved if, during a work cycle of 28 consecutive days (that is, over four consecutive weeks) the employee’s ordinary hours were arranged on the basis that for three of the four weeks he worked 40 ordinary hours each week and in the fourth week he worked 32 ordinary hours. That is, he would work for 8 ordinary hours each day, Monday to Friday inclusive for three weeks and 8 ordinary hours on four days only in the fourth week – a total of 19 days during the work cycle.

(iii) In such a case the averaging system applies and the weekly wage rates for ordinary hours of work applicable to the employee shall be the average weekly wage rates set out for the employee’s classification in clause 2 – Rates of Wages of this Division, and shall be paid each week even though more or less than 38 ordinary hours are worked that week.

In effect, under the averaging system, the employee accrues a “credit” each day he works actual ordinary hours in excess of the daily average which would otherwise be 7 hours 36 minutes. This “credit” is carried forward so that in the week of the cycle that he works on only four days, his actual pay would be for an average of 38 ordinary hours even though, that week, he works a total of 32 ordinary hours.

Consequently, for each day an employee works 8 ordinary hours he accrues a “credit” of 24 minutes (0.4 hours). The maximum “credit” the employee may accrue under this system is 0.4 hours on 19 days; that is, a total of 7 hours and 36 minutes.

(iv) As provided in subclause (3) of this clause, an employee will not accrue a “credit” for each day he is absent from duty other than on annual leave, long service leave, holidays prescribed under this Division, paid sick leave, workers’ compensation or bereavement leave.

(3) Absences from Duty

(a) An employee whose ordinary hours are arranged in accordance with paragraph (c) or (d) of subclause (1) of clause 6 – Implementation of 38 Hour Week of this Division and who is paid wages in accordance with paragraph (a) of subclause (2) hereof and is absent from duty (other than on annual leave, long service leave, holidays prescribed under this award, paid sick leave, workers’ compensation or bereavement leave) shall, for each day he is so absent, lose average pay for that day calculated by dividing his average weekly wage rate by 5.

An employee who so absent from duty for part of a day shall lose average pay for each hour he is absent by dividing his average daily pay rate by 8.

(b) Provided when such an employee is absent from duty for a whole day he will not accrue a “credit” because he would not have worked ordinary hours that day in excess of 7 hours 36 minutes for which he would otherwise have been paid. Consequently, during the week of the work cycle he is to work less than 38 ordinary hours he will not be entitled to average pay for that week. In that week, the average pay will be reduced by the amount of the “credit” he does not accrue for each whole day during the work cycle he is absent.

The amount by which an employee’s average weekly pay will be reduced when he is absent from duty (other than on annual leave, long service leave, holidays prescribed under this Division, paid sick leave, workers’ compensation or bereavement leave) is to be calculated as follows:

Total of “credits” not accrued during cycle x average weekly pay 38

Examples

(An employee’s ordinary hours are arranged so that he works 8 ordinary hours on five days of each week for 3 weeks and 8 ordinary hours on four days of the fourth week).

1. Employee takes one day off without 42rganization42 in first week of cycle.

Week of Cycle Payment

1 st week = average weekly pay less one day’s pay(ie. 1/5 th)

2 nd and 3 rd weeks = average weekly pay each week

4 th Week = average pay less credit not accrued on day of absence

= average pay less 0.4 hours xaverage weekly pay 38

2. Employee takes each of the 4 days off without 42rganization42 in the 4 th week.

Week of Cycle Payment

1 st, 2 nd and 3 rd weeks = average pay each week

4 th week = average pay less 4/5ths of average pay for the four days absent less total of credits not accrued that week

= 1/5 th average pay less 4 x 0.4 hours xaverage weekly pay 38

= 1/5 th average pay less 1.6 hours xaverage weekly pay 38

(4) Alternative Method of Payment

An alternative method of paying wages to that prescribed by subclauses (2) and (3) of this clause may be agreed between the employer and the majority of the employees concerned.

(5) Day Off Coinciding with Pay Day

In the event that an employee, by virtue of the arrangement of his ordinary working hours, is to take a day off duty on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day. Provided that, where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

(6) Payment by Cheque

Where an employer and employee agree, the employee may be paid his wages by cheque.

(7) Termination of Employment

An employee who lawfully leaves his employment or is dismissed for reasons other than misconduct shall be paid all moneys due to him at the termination of his service with the employer.

Provided that in the case of an employee whose ordinary hours are arranged in accordance with paragraph (c) or (d) of subclause (1) of clause 6 – Implementation of 38 Hour Week of this Division and who is paid average pay and who has not taken the day off due to him during the work cycle in which his employment is terminated, the wages due to that employee shall include a total of credits accrued during the work cycle as detailed in the Special Note following paragraph (b) of subclause (2) of this clause.

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

(8) Details of Payments to be Given

Where an employee requests his employer to state in writing with respect to each week’s wages the amount of wages to which he is entitled, the amount of deduction made therefrom, the net amount being paid to him, and the number of hours worked, the employer shall do so not less than two hours before the employee is paid.

(9) Calculation of Hourly Rate

Except as provided in subclause (3) of this clause the ordinary rate per hour shall be calculated by dividing the appropriate weekly rate by 38.

10. – CAR ALLOWANCE

(1) Where an employee required and 42rganizati to use his own motor vehicle in the course of his duties shall be paid an allowance not less than that provided for in the table set out hereunder. Notwithstanding anything contained in this subclause the employer and the employee may make any other arrangements as to car allowance not less favourable to the employee.

(2) Where an employee in the course of a journey travels through two or more of the separate areas, payment at the rates prescribed herein shall be made at the appropriate rate applicable to each of the separate areas traversed.

(3) Rates of hire for use of employee’s own vehicle on employers business.

Engine Displacement(in Cubic Centimetres)

Distance Travelled Each Year on Employer’s Business Over1600 cc 1600cc& Under

Metropolitan Area:

First 8000 kilometres 21.0 c/km 16.4 c/kmOver 8000 kilometres 13.9 c/km 11.1 c/km

South West Land Division:


North of 23.5 degreesSouth Latitude:


Rest of the State:


(4) “Metropolitan Area” means the area within a radius of fifty 42rganizati from the Perth Railway Station. “South West Land Division” means the South West Land Division as defined by section 28 of the Land Act, 1933-1971 excluding the area contained within the Metropolitan Area.

11. – FARES AND TRAVELLING TIME

(1) (a) An employee, who, on any day, or from day to day is required to work at a job away from his accustomed workshop or depot shall, at the direction of his employer, present himself for work at such job at the usual starting time.

(b) An employee to whom paragraph (a) of this subclause applies shall be paid at ordinary rates for time spent in 42rganizat between his home and the job and shall be reimbursed for any fares incurred in such 42rganizat, but only to the extent that the time so spent and the fares so incurred exceed the time normally spent and the fares normally incurred in 42rganizat between his home and his accustomed workshop or depot.

(c) An employee who, with the approval of his employer, uses his own means of transport for 42rganizat to or from outside jobs shall be paid the amount of excess fares and 42rganizat time which he would have incurred in using public transport unless he has an arrangement with his employer for a regular allowance.

(2) For 42rganizat during working hours from and to the employer’s place of business or from one job to another, an employee shall be paid by the employer at ordinary rates. The employer shall pay all fares and reasonable expenses in connection with such 42rganizat.

11. – HOLIDAYS AND ANNUAL LEAVE

(1) (a) The following days or days observed in lieu shall, subject to this subclause and to paragraph (c) of subclause (1) of clause 7 – Overtime of this Division, be allowed as holidays without deduction of pay, namely –

New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign’s Birthday, Christmas Day and Boxing Day.

Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause.

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

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

(3) (a) Except as hereinafter provided a period of four consecutive weeks’ leave with payment of ordinary wages as prescribed in paragraph (b) hereof shall be allowed annually to an employee by his employer after a period of twelve months’ continuous service with that employer.

(b) (i) An employee before going on leave shall be paid wages he would have received in respect of the ordinary time he would have worked had he not been on leave during the relevant period.

(ii) Subject to paragraph (c) hereof, an employee shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following:

(aa) The rate applicable to him as prescribed in clause 2 – Wages to this Division, and;

(bb) Subject to paragraph (c)(ii) the rate prescribed for work in ordinary time by clause 8 – Shift Work of this Division according to the employee’s roster including Saturday and Sunday shifts.

(cc) The rate payable pursuant to clause 3 – Higher Duties of this Division, calculated on a daily basis, which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise.

(dd) Any other rate to which the employee is entitled in accordance with his contract of employment for ordinary hours of work; provided that this provision shall not operate so as to include any payment which is of similar nature to or is paid for the same reasons as or is paid in lieu of those payments prescribed by clause 7 – Overtime, clause 10 – Car Allowance, clause 11 – Fares and Travelling Time of this Division and clause 3 – Special Rates of Division I of this award, nor any payment which might have become payable to the employee as reimbursement for expenses incurred.

(c) In addition to the payment prescribed in paragraph (b) hereof, an employee shall receive a loading calculated on the rate of wage prescribed by that paragraph. The loading shall be as follows :-

(i) Day employees – An employee who would have worked on day work had he not been on leave – a loading of 17 ½ per cent.

(ii) Shift employees – An employee who would have worked on shift work had he not been on leave – a loading of 17 ½ per cent. Provided that where the employee would have received shift loadings prescribed by clause 8 – Shift Work of this Division and, if applicable, payment for work on a regularly rostered sixth shift in not more than one week in any four weeks had he not been on leave during the relevant period and such loadings would have entitled him to a greater amount than the loading of 17 ½

per cent, then the shift loadings and, if applicable, the payment for the said regularly rostered sixth shift shall be added to the rate of wage prescribed by paragraph (b)(ii)(aa) of this subclause in lieu of the 17 ½ per cent loading. Provided further, that if the shift loadings and, if applicable, the payment for the said regularly rostered sixth shift would have entitled him to a lesser amount than the loading of 17 ½ per cent then such loading of 17 ½ per cent shall be added to the rate of wage prescribed by paragraph (b) but not including paragraph (b)(ii)(bb) hereof in lieu of the shift loadings and the said payment.

Except as provided in subclause (6) of this clause the loading prescribed by this paragraph shall not apply to proportionate leave on termination.

(4) (a) A seven day shift employee, i.e., a shift employee who is rostered to work regularly on Sundays and holidays prescribed under this Division shall be allowed one week’s leave in addition to the leave to which he is otherwise entitled under this clause.

(b) Where an employee with twelve months’ continuous service is engaged for part of a qualifying twelve monthly period as a seven day shift employee, he shall be entitled to have the period of annual leave to which he is otherwise entitled under this clause increased by one-twelfth of a week for each completed month he is continuously so engaged.

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

(6) (a) An employee whose employment terminates after he has completed a twelve monthly qualifying period and has not been allowed leave prescribed under this award in respect of that qualifying period shall be given payment as prescribed in paragraphs (b) and (c) of subclause (3) of this clause in lieu of that leave or, in a case to which subclauses (9), (10) or (11) of this clause applies, in lieu of so much of that leave as has not been allowed unless –

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

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

(b) If, after one month’s continuous service in any qualifying twelve monthly period an employee leaves his employment or his employment is terminated by the employer through no fault of the employee, the employee shall be paid 2.923 hours’ pay at the rate of wage prescribed by paragraph (b) of subclause (3) of this clause, divided by thirty-eight, in respect of each completed month of service.

(7) Any time in respect of which an employee 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 Division shall not count for the purpose of determining his right to annual leave.

(8) In the event of an employee being employed by an employer for portion only of a year he shall only be entitled subject to subclause (6) 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 the other employees he shall not be entitled to work on pay whilst the other employees of such employment are on leave on full pay.

(9) Annual leave shall be given and taken in one or two continuous periods. If the annual leave is given in two consecutive periods then one of those two periods must be at least three consecutive weeks. Provided that if the employer and an employee so agree then the employee’s annual leave entitlement may be given and taken in two separate periods, neither of which is of at least three consecutive weeks, or in three separate periods.

(10) Where an employer closes down his business, or a section or sections thereof, for the purposes of allowing annual leave to all or the bulk of the employees in the business, or section or sections concerned, the following provisions shall apply:-

(a) He may be giving not less than one month’s notice of his intention so to do, stand off for the duration of the close down all employees in the business or section or sections concerned.

(b) An employer may close down his business for one or two separate periods for the purpose of granting annual leave in accordance with this subclause. If the employer closes down his business in two separate periods one of those periods shall be for a period of at least three consecutive weeks.

Provided that where the majority of the employees in the business or section or sections concerned agree, the employer may close down his business in accordance with this subclause in two separate periods neither of which is of at least three consecutive weeks, or in three separate periods. In such cases the employer shall advise the employees concerned of the proposed date of each close down before asking them for their agreement.

(11) (a) An employer may close down his business, or a section or sections thereof for a period of at least three consecutive weeks and grant the balance of the annual leave due to an employee in one continuous period in accordance with a roster.

(b) An employer may close down his business, or a section or sections thereof for a period of less than three consecutive weeks and allow the balance of the annual leave due to an employee in one or two continuous periods either of which may be in accordance with a roster. In such a case the granting and taking of annual leave shall be subject to the agreement of the employer and the majority of the employees in the business, or a section or sections thereof respectively and before asking the employees concerned for their agreement, the employer shall advise them of the proposed date of the close down or close downs and the details of the annual leave roster.

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

13. – ABSENCE THROUGH SICKNESS

(1) (a) An employee who is unable to attend or remain at his place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the provisions of this clause.

(i) Employee who actually works 38 ordinary hours each week

An employee whose ordinary hours of work are arranged in accordance with paragraph (a) or (b) of subclause (1) of clause 6 – Implementation of 38 Hour Week of this Division so that he actually works 38 ordinary hours each week shall be entitled to payment during such absence for the actual ordinary hours absent.

(ii) Employee who works an average of 38 ordinary hours each week

An employee whose ordinary hours of work are arranged in accordance with paragraph (c) or (d) of subclause (1) of clause 6 – Implementation of 38 Hour Week of this Division so that he works an average of 38 ordinary hours each week during a particular work cycle shall be entitled to pay during such absence calculated as follows:

duration of absence ordinary hours normally worked that day

x appropriate weekly rate 5

An employee shall not be entitled to claim payment for personal ill health or injury nor will his sick leave entitlement be reduced if such ill health or injury occurs on the

week day he is to take off duty in accordance with paragraph (c) or (d) of subclause (1) of clause 6 – Implementation of 38 Hour Week of this Division.

(b) Notwithstanding the provisions of paragraph (a) of this subclause an employer may adopt an alternative method of payment of sick leave entitlements where the employer and the majority of his employees so agree.

(c) Entitlement to payment shall accrue at the rate of one-sixth of a week for each completed month of service with the employer.

(d) If in the first or successive years of service with the employer an employee is absent on the ground of personal ill health or injury for a period longer than his entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee’s services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service.

(2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that an employee shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service.

(3) To be entitled to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of his inability to attend for work, the nature of his illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence.

(4) The provisions of this clause do not apply to an employee who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require provided that the employee shall not be required to produce a certificate from a medical practitioner with respect to absences of two days or less unless after two such absences in any year of service the employer requests in writing that the next and subsequent absences in that year if any, shall be accompanied by such certificate.

(5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when he is absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave.

(b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his place of residence or a hospital as a result of his personal ill health or injury for a period of seven consecutive days or more and he produces a certificate from a registered medical practitioner that he was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if he is unable to attend for work on the working day next following his annual leave.

(c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time he proceeded on annual leave and shall not be made with respect to fractions of a day.

(d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee’s next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of clause 12 – Holidays and Annual Leave of this Division.

(e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in clause 12 – Holidays and Annual Leave of this Division shall be deemed to have been paid with respect to the replaced annual leave.

(6) Where a business has been transmitted from one employer to another and the employee’s service has been deemed continuous in accordance with subclause (3) of clause 2 of the Long Service Leave provisions published in volume 60 of the Western Australian Industrial Gazette at pages 1-6, the paid sick leave standing to the credit of the employee at the date of transmission from service with the 42rganizatio shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.

(7) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers’ Compensation Act nor to employees whose injury or illness is the result of the employee’s own misconduct.

(8) The provisions of this clause do not apply to casual employees.


The Long Service Leave provisions set out in Volume 63 of the Western Australian Industrial Gazette at pages 1 to 5 both inclusive, are hereby incorporated in and form part of this award.

15. – POSTING OF AWARD AND UNION NOTICES

The employer shall keep a copy of this award in a convenient place in the workshop and he shall also provide a notice board for the posting of union notices.

APPENDIX – RESOLUTION OF DISPUTES REQUIREMENT

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

(2) Subject to this appendix, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award/industrial agreement.

(a) The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.

(b) (i) If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.

(ii) Discussions at this level will take place as soon as practicable.

(3) The terms of any agreed settlement should be jointly recorded.

(4) Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have effect unless and until that conflict is resolved to allow for it.

(5) Nothing in this appendix shall be read so as to exclude an 42rganization party to or bound by the award/industrial agreement from representing its members.

(6) Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission provided that with effect from 22 November 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission..

SCHEDULE “A” – RESPONDENTS

Fremantle Tug Operators3 Mouatt StreetNorth Fremantle

Back Bros.Boatbuilders3 Elizabeth StreetNorth Fremantle

Commonwealth Steamship Owners’ AssociationMouatt StreetFremantle

Fremantle Shipwrighting Co.6 Meiers StreetNorth Fremantle

Fremantle Slipways Pty Ltd.Fishmarkets JettyFremantle

North-West Whaling Company Ltd60 Short StreetPerth

Swan River Shipping Company Limited10-12 Phillimore StreetFremantle

APPENDIX – S.49B – INSPECTION OF RECORDS REQUIREMENTS

(1) Where this award, order or industrial agreement empowers a representative of an 42rganization of employees party to this award, order or industrial agreement to inspect the time and wages records of an employee or former employee, that power shall be exercised subject to the Industrial Relations (General) Regulations 1997 (as may be amended from time to time) and the following:

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

(i) the employer is of the opinion that access to the records by the representative of the 42rganization would infringe the privacy of persons who are not members of the 42rganization; and

(ii) the employer undertakes to produce the records to an Industrial Inspector within 48 hours of being notified of the requirement to inspect by the representative.

(b) The power of inspection may only be exercised by a representative of an 42rganization of employees 42rganizati for the purpose in accordance with the rules of the 42rganization.

(c) Before exercising a power of inspection, the representative shall give reasonable notice of not less than 24 hours to an employer.

(EDIT APP)

EDITORS NOTE - THIS TEMPORARY APPENDIX REFERS ONLY TO THE FPA; THE W.A. COASTAL SHIPPING COMMISSION; THE HON MIN. FOR WORKS IN RESPECT OF PWD; AND THE HON.MIN.FOR TRANSPORT IN RESPECT DEPT. OF MARINE AND HARBOURS.

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

INDUSTRIAL RELATIONS ACT, 1979

Seamen's Union of Australia, West Australian Branch

- and -

Fremantle Port Authority and Others; The Western Australian Coastal Shipping Commission, the Hon. Minister for Works and the Hon. Minister for Transport

(No. 1519 of 1990 (R2))

Ship Painters' and Dockers' Award No. 29 of 1960

SENIOR COMMISSIONER G.G. HALLIWELL 17 December 1990

O R D E R

HAVING heard Mr T. Rawlings on behalf of the Applicant and Mr R. Leggerini on behalf of the Fremantle Port Authority and Ms L. Parker on behalf of the Hon. Minister for Transport and the Hon. Minister for Works, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders -

THAT the Ship Painters' and Dockers' Award No. 29 of 1960 be varied in accordance with the following Schedule and that such variation shall have effect from the first pay period commencing on or after the 17th day of September, 1990.

SENIOR COMMISSIONER

SCHEDULE

This schedule relates only to those employees covered by the Ship Painters' and Dockers' Award No. 29 of 1960 and employed by:

(a) The Fremantle Port Authority

(b) The Western Australian Coastal Shipping Commission.

(c) The Honourable Minister for Works in respect of the Public Works Department, and

(d) The Honourable Minister for Transport in respect of the Department of Marine and Habours.

1. Division 1: General Provisions applicable to all employees except where otherwise provided.

Clause 3. - Special Rates: Delete this clause and insert in lieu:

3. - SPECIAL RATES

The following rates, additional to the rates set out in Clause 4. - Rates of Wages, of Divisions II and III and Clause 2. - Rates of Wages, of Division IV of this award, shall be paid for the categories of work set out hereunder:

2. Clause 9. - Protective Clothing and Equipment: Delete subclause (4) of this clause and insert in lieu:

Cents

Per Hour

(1) (a) When working in scavenge trunkways, sanitary soil tanks and oil tanks which have been in service, including - double bottom tanks, drain tanks, settling tanks, wing tanks, storage gravity tanks, deep cargo tanks

$1.30

(b) When working in ballast tanks, fresh water tanks, salt water tanks, caissons, airtight compartments and air receivers, including - double bottom tanks and cofferdams, peak tanks chain locker and transom space, trimming tanks, ballast deep tanks

$0.52

When working at any of the places referred to in (b) which have been in service $0.90

Cents

Per Hour

(c) Cleaning engine crankcases externally or internally, cleaning engine room tank tops, cleaning boiler room tank tops, cleaning tunnel tank tops and tunnel wells, clearing bilges and holds, engine room, stokehold and tunnel, smoke boxes, furnaces, engine uptakes

$ .77

(d) When directly associated with the cleaning of -

(i) Oil Fired $1.30

(ii) Coal Fired $0.77

(e) When wire brushing by hand - in any of the spaces included in paragraph (b) hereof $0.62

in any other enclosed space, or partly enclosed space such as cabins, pantries, lockers and fan rooms $0.12

(2) (a) When working in docks or in slipways on scraping, scaling, scrubbing and painting the external under water parts of vessels' hulls from loadline to keel and/or removing refuse from the bottom of docks or slipways

$0.52

Provided that employees engaged on the duties just described who are working alongside tradesmen in the same situation for which the latter are entitled to a rate greater than the said $0.52 shall be paid such additional rate.

(b) When working from stages slung from deckyard cranes, painting the external parts of vessels above the loadline excluding work performed whilst working from an hydraulic platform

$0.39

Cents

Per Hour

(c) General painter and docker when working at the South Mole Slipway flaking out, chipping, oiling and painting anchors and cables

$0.39

(d) Employees operating shotblasting, sandblasting, and metal spraying machines $0.98

(e) When using hydraulic blast cleaning the external parts of vessels $0.98

(f) Employees docking and undocking vessels, slipping and unslipping vessels, shifting ship, winch driving (other than when done as part of a riggers job and excluding work done by Waterside Workers on cargo) Hatchmen

$0.67

(g) Spray painting $0.67

(h) Removing composition or cement flooring, or repairing insulation $0.52

(i) Tarring of vessels or applying flint cote, rosebassite, res-q-steel or compositions of a similar nature but not including preparations which are applied cold with an ordinary paint brush -

(i) If working in a confined space $0.89

(ii) Otherwise $0.52

(j) Employees operating automatic scaling and/or chipping machines, jackhammers, rotary wire brushes, flame scalers, or other power tools for chipping, cleaning and scaling

$0.67

Cents

Per Hour

Provided that no such pneumatic machine shall be used in any confined place, entrance to which is gained through a manhole or other similar opening, except in cases where the conditions are such as to render the work incapable of performance except with the use of pneumatic machines in which case such machines may be used for such extra rates as may be agreed upon.

Failing agreement as to the necessity for the use of such machines or as to the rate to be paid, the same shall be determined by a Board of Reference.

(3) (a) When performing work directly associated with cleaning from holds the residues of bulk wheat, cement, coal, iron ore, carbon black, sulphur, phosphates and like obnoxious cargoes or as otherwise determined by the Board of Reference

$0.52

(b) When working for more than one hour in places where the temperature is reduced by artificial means. Below 0 ° Celsius

$0.30

(c) An employee, when he is performing duties which bring him into contact with obnoxious cargoes, carrying in the case of Waterside Workers an extra rate, or where working in the vicinity of such cargoes while being handled by Waterside Workers, and in such case is subject to the same disability as the Waterside Workers, should be paid the extra rate in addition to the rate otherwise payable to him.

Cents

Per

Hour

(4) When handling slag wool, insulwool or other material of a like nature used for providing insulation against heat, cold or noise shall when so employed be paid.

0.39

Provided that employees directly assisting tradesmen handling these materials or other material of a like nature shall be paid the same allowances as are prescribed for such tradesmen from time to time.

Provided further that laggers when working with such materials in the same situation where a tradesman is entitled to an additional rate therefore, shall be paid such additional rate.

(5) Working in Submarines :-

(a) When working inside the hull, including the fin and external casings, but excepting the compartments referred to in paragraphs (b) and (c) hereunder

$0.56

(b) When working in the torpedo tube compartment, bilges, machinery, auxilary machine and asdic compartments

$0.92

(c) When scraping, scaling or painting in tanks including external and M tanks and torpedo tubes $1.91

(6) (a) The provisions of this clause shall not apply to employees employed by - Fremantle Port Authority

The Honourable Minister for Works in respect to the Public Works Department

The Honourable Minister for Transport in respect of the Department of Marine and Harbours

The State Shipping Service.

(b) For such employees the provisions of Clause 10. - Special Rates of the award, in effect immediately prior to the 24th December, 1982 shall continue to apply.

(4) When an employee or a registered casual employee has been provided with protective clothing pursuant to this clause, the employer shall launder those overalls or shall pay the employee a laundry allowance of $13.00 per week on a daily basis.

3. Clause 10. - First Aid Facilities: Delete this clause and insert in lieu:

10. - FIRST AID FACILITIES

In each establishment where employees are employed, the employer shall ensure that a first aid kit is available.

An allowance of $1.21 per day shall be paid to an employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from St John's Ambulance or similar body. The allowance will only apply when the employee has been specifically appointed by the employer to perform first aid duty.

4. Division 11. - This division shall apply to Permanent Employees as Defined in Clause 17. - Definitions of Division 1 of this Award except where otherwise provided.

Clause 4. - Rates of Wages: Delete this clause and insert in lieu:

4. - RATES OF WAGES

(1) The following shall be the minimum rates of wages payable to employees employed under this Division.

Per Week

$

(a) Rigger 391.70


(2) Leading Hands - the following additional rates shall be paid to -

(a)

Leading Hands employed by the Fremantle Port Authority and the State Shipping Service

(i) In charge of ten employees or less, an additional rate of 21.65

(ii) In charge of more than ten employees, an additional rate of 23.60

(b) Other Leading Hands 23.60

(3) Notwithstanding the provisions of subclauses (1) and (2) of this clause, the following shall be the minimum rates of wages payable to employees in the Inner Harbour

(a)

Rigger 469.70


(c) Sub Foreman - State Shipping Service Riggers Loft 482.80




V A R I A T I O N R E C O R D

SHIP PAINTERS AND DOCKERS’ AWARD

NO. 29 of 1960

Delivered 26/09/61 at 41 WAIG 684Varied &Consolidated s93(6) 03/06/83 at 63 WAIG 1590

CLAUSE NO.

EXTENT OF VARIATION

ORDER NO. OPERATIVE DATE

GAZETTE REFERENCE

1. Title

Consolidated. 762/81 03/06/83 63 WAIG 1590

(1A. State Wage Principles)

Ins. Cl. 1752/91 31/01/92 72 WAIG 191

Cl. & Title 1457/93 24/12/93 74 WAIG 198

(1A. State Wage Principles December 1993)

Cl. & Title 985/94 30/12/94 75 WAIG 23

(1A. Statement of Principles December 1994)

Cl. & Title 1164/95 21/03/96 76 WAIG 911

1A. Statement of Principles March 1996

(1A. Statement of Principles March 1996)

Cl & Title 915/96 7/08/96 76 WAIG 3368

(1A Statement of Principles – August 1996)

Cl & Title 940/97 14/11/97 77 WAIG 3177

(1A. Statement of Principles – November 1997)

Cl & Title 757/98 12/06/98 78 WAIG 2579

(1A. Statement of Principles – June, 1998)

Del. Cl. & Title 609/99 06/07/99 79 WAIG 1843

1B. Minimum Adult Award Wage

Ins. 1B 940/97 14/11/97 77 WAIG 3177

(2),(3) & (5) rates & text 609/99 01/08/99 79 WAIG 1843

Cl. 654/00 01/08/00 80 WAIG 3379

Cl. 752/01 01/08/01 81 WAIG 1721

Cl. 797/02 01/08/02 82 WAIG 1369

Cl. 569/03 5/06/03 83 WAIG 1899 & 2609

(9) 1197/03 1/11/03 83 WAIG 3537

Cl. 570/04 4/06/04 84 WAIG 1521

Cl. 576/05 07/07/05 85 WAIG 2089 & 2842

Cl. 957/05 07/07/06 86 WAIG 1631 & 2359

Cl. 1/07 01/07/07 87 WAIG 1487 & 2284

Cl. 115/07 01/07/08 88 WAIG 773 &1488

Cl. 1/09 01/10/09 89 WAIG 735 & 1920

Cl. 2/10 01/07/10 90 WAIG 568 & 1311

Cl. 2/11 01/07/11 91 WAIG 1008 & 1709

Cl. 2/12 01/07/12 92 WAIG 1459

Cl. 1/13 01/07/13 93 WAIG 1128

Cl. 1/14 01/07/14 94 WAIG 1342

Cl. 1/15 01/07/15 95 WAIG 1310

Cl. 1/16 01/07/16 96 WAIG 1160

2. Arrangement

2A deleted 1940/89 08/09/89 69 WAIG 2913

Cls 2A-2B 244(1)90(R) 15/03/90 70 WAIG 3307

Correction Ord 244(1)90(R) 15/03/90 70 WAIG 3442

Ins. 1A 1752/91 31/01/92 72 WAIG 191

1A. Title 1457/93 24/12/93 74 WAIG 198

1A. Title 985/94 30/12/94 75 WAIG 23

1A. Title 1164/95 21/03/96 76 WAIG 911

Ins. App Res 693/96 16/07/96 76 WAIG 2768

Ins.App s.49B. 694/96 16/07/96 76 WAIG 2789

1A. Title 915/96 7/08/96 76 WAIG 3368

1A 940/97 14/11/97 77 WAIG 3177

Ins. 1B 940/97 14/11/97 77 WAIG 3177

1A 757/98 12/06/98 78 WAIG 2579

Del. 1A 609/99 06/07/99 79 WAIG 1843

(2A State Wage Principles - September 1988)

Cl. 1201/88 10/10/88 69 WAIG 379

2A. State Wage Principles - September 1989

Deleted 1940/89 08/09/89 69 WAIG 2913

Cl 244(1)90(R) 15/03/90 70 WAIG 3307


2B. Structural Efficiency

Cl 244(1)90(R) 15/03/90 70 WAIG 3307


3. Area and Scope

4. Term

Division I

Meal Money

(1) 941/83 26/01/84 64 WAIG 522

(1) 372 & 376/84 24/09/84 64 WAIG 1792

(1) 244(1)90(R) 15/03/90 70 WAIG 3307

Corr Ord 244(1)90(R) 15/03/90 70 WAIG 3442

2. Payment of Wages

3. Special Rates

Editor’s Note – Cl 3 amend APPL 1519/ 1990 (C) – effects the Fpa; W.A. Coastal Shipping Comm; Hon. Min. for Works in respect of the Pwd; & Hon. Min. for Trans. in respect of Dep. of Marine & Harbours: ref temp App end Award.

Cl. 372 & 376/84 26/09/84 64 WAIG 1792

Cl. 244(1)90(R) 15/03/90 70 WAIG 3307

Corr Ord 244(1)90(R) 15/03/90 70 WAIG 3442

Cl. refer temp App applies only to 4 resp. 1519/90(R2) 17/09/90 71 WAIG 171

4. Dirty or Obnoxious Work and Cleaning Vessels After Obnoxious Cargoes

5. Non Accumulation of Special Rates

6. Working in Water

7. Lighting and Ventilation

8. Prevention of Accidents

9. Protective Clothing and Equipment

Editor’s Note – Sub-Cl (4) of Cl 9, amend APPL 1519/ 1990 © – Effects The Fpa; W.A. Coastal Shipping

Comm; Hon.Min.for Works In respect of Pwd; & Hon.Min. for Trans. in respect of Dep. of Marine & Harbours: refer temporary App end Award

(4) 941/83 26/01/84 64 WAIG 522

(4) 372 & 376/84 24/09/84 64 WAIG 1792

(4) 244(1)90(R) 15/03/90 70 WAIG 3307


(4) refer temp App applies only to 4 resp. 1519/90(R2) 17/09/90 71 WAIG 171

(3)(a) 912/95 14/11/95 75 WAIG 3295

10. First Aid Facilities

Editor’s Note – Cl.10. – First Aid Facilities; Amend APPL 1519/1990 © – Effects The Fpa; W.A. Coastal Shipping Comm; Hon.Min. for Works in respect of Pwd; and Hon.Min. for Trans. in respect of Dep. of Marine & Harbours: refer temporary App end Award

Rate 372 & 376/84 24/09/84 64 WAIG 1792

Cl. 244(1)90(R) 15/03/90 70 WAIG 3307


Cl. refer temp App applies only to 4 resp. 1519/90(R2) 17/09/90 71 WAIG 171

11. Accommodation

12. Ships' Crews

13. Compassionate Leave

14. Union Meetings

15. Time and Wages Records

(2) ins. text 2053/1/97 22/11/97 77 WAIG 3138

Ins text.(2) 491/98 16/04/98 78 WAIG 1471

16. Right of Entry

Ins. Preamble 2053/1/97 22/11/97 77 WAIG 3138

17. Definitions

Division II

1. Hours of Work

(1) 912/95 14/11/95 75 WAIG 3295

2. Meal Times

(3) 912/95 14/11/95 75 WAIG 3295

3. Work During Meal Times

4. Rates of Wages

Editor’s note – Cl.4. – rates of wages; amend APPL 1519/ 1990 © – effects FPA; W.A. Coastal Shipping Comm; the Hon.Min.for Works in respect of pwd; and Hon.Min. for Trans. in respect of Dep. of Marine & Harbours: refer temporary App. end Award.

Cl. 941/83 26/01/84 64 WAIG 522

Cl. 372 & 376/84 24/09/84 64 WAIG 1792

Cl. 1201/88 10/10/84 69 WAIG 379

Cl. 244(1)90(R) 15/03/90 70 WAIG 3307


Cl. ref temp App applies only to 4 resp. 1519/90(R2) 17/09/90 71 WAIG 171

Rates & ins. Text 940/97 14/11/97 77 WAIG 3177

(1) & (3) Rates, (3) ins text 609/99 01/08/99 79 WAIG 1843

Cl. 654/00 01/08/00 80 WAIG 3379

Cl. 752/01 01/08/01 81 WAIG 1721

Cl. 797/02 01/08/02 82 WAIG 1369

Cl. 569/03 5/06/03 83 WAIG 1899 & 2609

Cl. 570/04 4/06/04 84 WAIG 1521 & 2033

Cl. 576/05 07/07/05 85 WAIG 2083 & 2842

Cl. 957/05 07/07/06 86 WAIG 1631 & 2359

Cl. 1/07 01/07/07 87 WAIG 1487 & 2284

(1) 16/08 27/5/08 88 WAIG 513 & 538

Cl. 115/07 01/07/08 88 WAIG 773 &1488

Cl. 1/09 01/10/09 89 WAIG 735 & 1920

Cl. 2/10 01/07/10 90 WAIG 568 & 1311

Cl. 2/11 01/07/11 91 WAIG 1008 & 1709

Cl. 2/12 01/07/12 92 WAIG 1459

Cl. 1/13 01/07/13 93 WAIG 1128

Cl. 1/14 01/07/14 94 WAIG 1342

Cl. 1/15 01/07/15 95 WAIG 1310

Cl. 1/16 01/07/16 96 WAIG 1160

5. Higher Duties

6. Overtime

7. Saturday, Sunday and Holiday Work

8. Holidays

9. Annual Leave

10. Sick Leave

11. Long Service Leave

12. Rest Periods

13. Fares and Travelling Time

14. Contract of Service

Division III

1. Hours of Work

2. Meal Times

3. Work During Meal Times

Cl. amend APPL 1519/1990 (C)– effects the FPA; W.A. Coastal Shipping Comm; Hon. Min. for Works in respect of Pwd; & Hon. Min. for Trans. in respect of Dep. of Marine & Harbours: refer temp App. end Award

4. Rates of Wages

(1)(c) rates 372 & 376/84 24/09/84 64 WAIG 1792

Cl. 1201/88 10/10/84 69 WAIG 379

Cl 244(2)/90 22/03/90 70 WAIG 307

Rates & Ins. Text 940/97 14/11/97 77 WAIG 3177

Cl 570/04 4/06/04 84 WAIG 1521 & 2033

Cl. 576/05 07/07/05 85 WAIG 2083 & 2842

Cl. 957/05 07/07/06 86 WAIG 1631 & 2359

5. Overtime

6. Saturday, Sunday and Holiday Work

7. Public Holidays, Annual Leave and Sick Leave - Registered Casual Employees


9. Rest Periods

10. Travelling Time

11. Guarantee of Earnings - Registered Casual Employees

12. Minimum Period of Engagement

13. Engagement of Employees

14. Attendance Money

(1) 941/83 26/01/84 64 WAIG 22

(1)rates 372 & 376/84 24/09/84 64 WAIG 792

Division IV

1. Contract of Service

2. Rates of Wages

G.O.461/83 941/93 26/01/84 64 WAIG 22

Cl. 372 & 376/84 24/09/84 64 WAIG 792

Cl. 1201/88 10/10/88 69 WAIG 79

Rates & Ins. Text 940/97 14/11/97 77 WAIG 3177

Rates, (1) insert text 609/99 01/08/99 79 WAIG 1843

Cl. 654/00 01/08/00 80 WAIG 3379

Cl. 752/01 01/08/01 81 WAIG 1721

Cl. 797/02 01/08/02 82 WAIG 1369

Cl. 569/03 5/06/03 83 WAIG 1899 & 2609

Cl. 570/04 4/06/04 84 WAIG 1521 & 2033

Cl. 576/05 07/07/05 85 WAIG 2083 & 2842

Cl. 957/05 07/07/06 86 WAIG 1631 & 2359

(1) 16/08 27/5/08 88 WAIG 513 & 538

Cl. 115/07 01/07/08 88 WAIG 773 &1488

Cl. 1/09 01/10/09 89 WAIG 735 & 1920

Cl. 2/10 01/07/10 90 WAIG 568 & 1311

Cl. 2/11 01/07/11 91 WAIG 1008 & 1709

Cl. 2/12 01/07/12 92 WAIG 1459

Cl. 1/13 01/07/13 93 WAIG 1128

Cl. 1/14 01/07/14 94 WAIG 1342

Cl. 1/15 01/07/15 95 WAIG 1310

Cl. 1/16 01/07/16 96 WAIG 1160

3. Higher Duties

4. Under Rate Employees

5. Hours

6. Implementation of 38 Hour Week

7. Overtime

8. Shift Work

9. Payment of Wages

10. Car Allowance

11. Fares and Travelling Time

11. Holidays and Annual Leave

Cl. incorr titled 11 instead of 12 by APPL 762/81 at 83 WAIG 1599

13. Absence Through Sickness


15. Posting of Award and Union Notices

Appendix - Resolution of Disputes Requirement

Ins. App 693/96 16/07/96 76 WAIG 2768

(1),(6), Del. (7) 2053/97 22/11/97 77 WAIG 3079

Schedule A Respondents

Del. Resp. 912/95 14/11/95 75 WAIG 3295

Del. Resp. 50/06 11/4/06 86 WAIG 1084

Appendix - S.49B - Inspection of Records Requirements

Ins. App 694/96 16/07/96 76 WAIG 2789

(1) ins. Text 2053/97 22/11/97 77 WAIG 3138

App. 491/98 16/04/98 78 WAIG 1471

APPL 1519/90 (R2)

Cl. 654/00 01/08/00 80 WAIG 3379

Cl 752/01 01/08/01 81 WAIG 1721

Documents

Ship Painters' and Dockers' Awardforms.wairc.wa.gov.au/awards/SHI001/p18/SHI001.docx · Web viewShip Painters' and Dockers' Award 1. – TITLE This award shall be known as the “Ship