Sub-Part 4. WEDNESDAY, 23rd APRIL, 1980. Vol. … · Sub-Part 4. WEDNESDAY, 23rd APRIL, 1980. Vol. 60—Part 1. APPEALS TO FULL BENCH— Against Decision of ... conclusion that the

Sub-Part 4. WEDNESDAY, 23rd APRIL, 1980. Vol. 60—Part 1.

APPEALS TO FULL BENCH—

Against Decision of

Commission— (I.A. Act 1979)—

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION.

No. 526 of 1979. Between West Australian Branch, Australasian Meat

Industry Employees Union, Industrial Union of Workers, Perth, Appellant, and Watson's Foods (W.A.) a branch of George Weston Foods Limited, Respondent.

Before the Full Bench. His Honour the President P. L. Sharp Q.C. Chief Industrial Commissioner B. M. O'Sullivan. Senior

Commissioner E. R. Kelly. The 14th day of March, 1980.

Mr K. Watson-Bates on behalf of the appellant. Mr P. D. Burchardt on behalf of the respondent.

Reasons for Decision. THE PRESIDENT: This is an appeal against the order of the Commission made by Commissioner Martin dated the 7th day of November, 1979, relating to conditions applicable to workers members of, or eligible to be members of the West Australian Branch, Australasian Meat Industry Employees Union, Industrial Union of Workers, Perth and employed by Watson's Foods (W.A.) a branch of George Weston Foods Limited on the work of slaughtering pigs at their premises at Spearwood. The relevant award concerned being the Meat Industry (Bacon, Curing and Small Goods Making) No. 6 of 1974 as amended by order No. 180 of 1979.

The appeal was against clause 2 of the order which fixed the daily tally of pigs for each slaughterman at 76.

The appellant claiming that such part of clause 2 which provided the number of 76 as such daily tally should be varied by substituting for such number the figure of 60. 93441—1

The grounds of appeal were as follows:— 1. That the Commissioner failed to have due

regard for the principles of tally when determining his method of assessment of tally.

2. The facts drawn from the trial period were not sufficient for the Commissioner to determine an equitable basic performance of slaughtermen.

3. That the Commissioner's decision was against the weight of the evidence.

The history of prior proceedings in respect of the subject matter of this appeal, and in particular the aspect of tally and daily tallying is referred to in the decision and reasons therefore by Commissioner Martin.

The order of the 7th day of November, 1979, being the result of the said decision and reasons therefor.

The Commissioner stated as follows:— This is the second occasion that this particular

subject matter has been before the Commission for hearing and determination.

In matter No. 10 of 1979, an application by the applicant to amend the "Meat Industry (Bacon, Curing and Smallgoods Making)" Award No. 6 of 1974 as amended, the Commission determined that the slaughtering of pigs by workers employed by the respondent shall be on a "tally system", and that for a team of ten slaughtermen there should be a tally of 900 head per day or 90 head per day per slaughterman. (59 W.A.I.G. p. 774 at p..775).

That conclusion was reached after hearing the parties and observing the operation at the respondent's premises.

The Commission's decision said inter alia:—. From the exhibits placed before the

Commission, and having had the benefit of an inspection of Watsons premises, it appears that the processing of 3.02 pigs per minute does not produce an unreasonable working pace on that particular slaughter floor. Applying the principle from the judgment (supra) of a reasonable "kill time"

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd April, 1980.

at the particular works, it would seem from the statistics tendered, that 5 hours is ample at Watsons. These figures produce a daily tally, rounded off, of 900 pigs which when divided by the Commission's assessment of an appropriate tally team of ten slaughtermen, produces a tally per man, per day of 90 pigs. The Commission's assessed slaughtering team of ten comprises the following tasks—stun, stick, insert gambrel, bung drop, back down and remove ears, front out (2), saw, shave and remove heads. (59 W.A.I.G. p. 772 at p. 773).

That determination was varied upon the applicant appealing pursuant to section 108C of the then Act on the 16th day of July, 1979.

The Commission in Court Session constituted to hear and determine that appeal said inter alia in matter No. 180 of 1979—

The daily tally in that amending order was fixed by the Commission on statistics provided by the employer but subsequently it was found that there were fundamental errors in the relevant exhibit. Those errors made the tally no longer appropriate and before us the parties could not agree on the method by which those errors could be corrected.

Whilst we were satisfied that the incorrect information supplied to the Commission required the amending order to be set aside we reserved our decision to consider what steps should be taken to resolve the dispute. To that end it was suggested to the parties that a trial be undertaken to give both management and the union an opportunity to view work on the slaughterfloor operated by Watson's Foods Pty Limited under a tally system. That suggestion was acceptable to the parties who, with assistance, were able to agree on the conditions to apply during the trial. Those conditions are designed to enable such changes to be made on the slaughterfloor as may be thought necessary to achieve an efficient operation.

The terms of the agreement are not to prejudice either the union or the employer should action be taken in the future to amend the award to prescribe tally conditions. (59 W.A.I.G. p. 1012.)

The applicant in the proceedings now before the Commission seeks a final determination of the matter in lieu of the trial conditions which have obtained since the Commission in Court Session's decision of the 16th day of July, 1979, and which will continue to apply until an order is made in determination of these proceedings.

At the hearing before the Commissioner the appellant contended that the daily tally per slaughterman should be 60 head per day whilst the respondent contended the daily tally to be 80 per day.

Evidence was given which included a record of the killing floor operations at Watson's Foods (W.A.) for the period 27/12/78 to 19/2/79 and when adjusted for the errors upon which the previous appeal proceedings had been brought produced a figure of 780 pigs per day on the basis of 156 pigs per five hours per day which rounded off produced 800 pigs per day per 10 slaughtermen.

There was also evidence before Commissioner Martin of a record of the trial period for killing floor operations at Watson's Foods (W.A.) for the period of 2/7/79 to 14/9/79.

In addition with the knowledge and consent of the part ies the Commissioner called for and was provided with material upon which figures for the latter period were compiled.

Upon the totality of the evidence before him the Commissioner came to the following findings of prime fact:—

1. That the daily spread of hours for the slaughterman was generally nine per day.

2. Waiting time accounted on an average for 17 minutes but it was most commonly 25 minutes.

3. Time spent on cleaning up was approximately 45 minutes per day.

4. Allowing for lunch and smokos the time available for actual work performance appeared to be in the vicinity of six hours per day.

5. The record of killing pigs by slaughtermen for the period of 2/7/79 to 14/9/79 indicated a general slaughtering rate of 2.1 pigs per minute, and thus in round figures a daily tally rate of 760 pigs (being 360 minutes x 2.1 pigs per minute i.e. 756 rounded off at 760) for the team of ten slaughtermen or 76 pigs per day per salughterman.

From the above Mr Commissioner Martin came to the conclusion that the killing of 76 pigs per day per slaughterman was "an equitable basic performance" or "tally".

At the appeal it was conceded by the appellant that the Commissioner had not erred in his calculations nor was there any argument as to the admissability of evidence.

The basic argument by the appellant was that the Commissioner was not in a position to assess the killing by a slaughterman of 76 pigs per day (daily tally) as being the equivalent of a fair days work; or if he was in a position to so do, did he attempt to make such an assessment.

A tally may be defined as the number of animals to be slaughtered in a day by a slaughterman so that it can fairly be said taking all factors and conditions at the place of employment into account to be a fair days work for a fair days pay and above that tally overtime and penalty rates prevail.

The aforementioned definition was put by me to the appellant's advocate and also later in the appeal to the respondent's advocate and both agreed that it was a correct formulation.

The grounds of appeal by the appellant in argument in the ultimate amounted to the following:—

1. Whilst conceding that the number of tally involved a matter of judicial evaluation from the evidence the Commissioner failed to evaluate the question as to whether such number namely 76 constituted a fair days work.

2. Whilst conceding there was evidence upon which the Commissioner could have assessed the tally at 76 argued that the evidence put forward by the appellant was so compelling that the Commissioner should have disregarded the case for the respondent apd found the tally at 60.

The Commissioner in my opinion was entitled on the totality of the evidence to find the prime facts that he did and from such prime facts draw the conclusion that the "tally" as defined by me earlier in this decision was 76 per day per slaughterman.

23rd April, 1980. J WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

It therefore follows that the appeal should be dismissed. MR COMMISSIONER O'SULLIVAN: I concur and have nothing to add. MR COMMISSIONER KELLY: I also agree.

Order Accordingly.


No. 526 of 1979. Between West Australian Branch, Australasian Meat

Industry Employees Union, Industrial Union of Workers, Perth, Appellant, and Watson's Foods (W.A.) a branch of George Weston Foods Limited, Respondent.

Before the Full Bench. His Honour the President P. L. Sharp, Q.C. Chief Industrial Commissioner B. M. O'Sullivan. Senior

Commissioner E. R. Kelly. Order.

THIS appeal having come on for hearing before the Full Bench on the 10th day of March, 1980, and having heard Mr K. Watson-Bates on behalf of the appellant and Mr P. D. Burchardt on behalf of the respondent, and the Full Bench having reserved judgment and judgment being delivered on the 14th day of March, 1980, wherein the Full Bench unanimously dismissed the appeal and gave reasons therefore, it is this day, namely the 14th day of March, 1980, ordered that the appeal be dismissed.

By the Full Bench, [L.S.] (Sgd.) P. L. SHARP,

President.

(I.A. Act 1912)-


No. 590 of 1979. Between Amalgamated Metal Workers and

Shipwrights Union of Western Australia, Appellant, and Anchorage Butchers Pty Ltd and Others, Respondents.

Before The Commission in Court Session. Chief Industrial Commissioner B. M.

O'Sullivan, Esq, and Mr Commissioners B. J. Collier and G. J. Martin.

The 18th day of March, 1980. Mr D. Skipworth on behalf of the applicant. Mr A. R. Beech and later Mr W. Palmer on behalf

of the Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth.

Mr A. Stafford on behalf of the Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch.

Mr C. B. Parks and Mr L. Girdlestone on behalf of the respondents.

Reasons for Decision. MR COMMISSIONER O'SULLIVAN: This appeal to the Commission in Court Session is made by the Amalgamated Metal Workers and Shipwrights Union of Western Australia and the Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth as appellants against Anchorage Butchers Pty Ltd as respondents in respect of Award No. 13 of 1965 commonly known as the Metal Trades (General) Award.

By application No. 522 of 1978 lodged in the Commission on 18th September, 1978, the union sought to amend the award by adding a clause related to a Tool Allowance and by application No. 316 of 1979 lodged in the Commission on 30th July, 1979, the unions sought amendment of the wages clause to effect an increase in the rate and the joining of supplementary payments with the wage rate to reflect a total rate.

The claim in respect of application No. 316 of 1979 was amended prior to the hearing of the matter and the applicant then sought retention of the supplementary payments provision and an amendment of the wages clause to reflect wage rate amendments which had recently been granted to Metal Trades Workers by the Australian Commission in the Metal Industries Award of that Commission.

The applications were heard by the Commission on 8th November and the decision was given on 13th November, 1979. It is against that decision and the order emanating therefrom that the appeal is made.

The grounds of appeal are:— 1. That the decision/order is contrary to the

previous decisions of the Commission in Court Session which

(a) deliberately prescribed supplementary payments in the Award, notwithstanding the fact that supplementary payments did not exist in the Federal Metal Industry Award, and

(b) subsequently created wage rates in the Award which were in excess of the wage rates in the federal award.

2. The Commission erred in that it did not place sufficient regard to the decision of the Australian Conciliation and Arbitration Commission of the 5th of November, 1979, which awarded wage increases on account of changes in work value and which were "across the board" increases to be paid to all workers without regard to the level of over award payment.

3. The Commission's decision to equate the base rates in the Award to the level prescribed for those rates in the federal Metal Industry Award was made without regard to the Commissions wage indexation decisions.

4. The decision/order was unjust and inconsistent in that it resulted in reducing the rate of increase some base rates to the level of the Metal Industry Award but failed to increase base rates where they are less than the corresponding classification in the Metal Industry Award.

5. The decision/order was not reasonably open to the Commission in that it has created inconsistencies within the award and inconsistencies between the Award and other awards of the Commission which have a nexus with the Award.

6. The decision/order offends the principle of comparative wage justice.

7. The decision/order is contrary to previous decisions which have disregarded overaward payments when determining the true value of work.


By its decision on 5th November, 1979, the Australian Conciliation and Arbitration Commission amended the Metal Industry Award 1971 by increasing the wage rate for tradesmen and groups above that classification by $9.30 per week and for all other classifications by $7.30 per week.

On 22nd December, 1975, the Commission in Court Session delivered a decision in respect of the Metal Trades Award No. 13 of 1965 whereby workers employed in classifications of tradesmen or higher rate were awarded a supplementary payment pursuant to a clause then inserted in the award as an interim measure.

In so far as is relevant in this matter that clause read:—

33.—Supplementary Payments. (1) Subject as hereinafter provided this clause

applies to apprentices and to workers employed in the undermentioned classifications namely (therein were set out the classifications affected).

(2) In addition to the rates payable under the provision of this award other than this provision

(a) A worker other than an apprentice employed in a classification mentioned in subclause (1) of this clause shall be paid $10 per week; and

(b) An apprentice shall be paid per week a percentage of $10 being the percentage which appears against his year of apprenticeship in clause (5) of the First Schedule to this award;

in each case for all purposes of this award. Provided that the amount payable to any worker pursuant to the foregoing provisions of this subclause shall be reduced by the amount of any payment being made to that worker in addition to the said rates otherwise than pursuant to the provisions of this subclause, whether such payment is being made by virtue of any order industrial agreement or other agreement or arrangement.

(3) The rate prescribed in this award for any classification mentioned in subclause (1) of this clause is not amended by this clause and shall not for the purpose of any other award, order or industrial agreement or other agreement or arrangement be deemed to have been so amended. (55 W.A.I.G. 1919.)

On 30th July, 1976, the Commission in Court Session issued a further decision in the matter cited above and concluded it by issuing an amendment of the award by deleting the clause introduced in December, 1975, (quoted above) and inserted in lieu thereof a clause in like terms but providing in subclause (2) that the workers be paid $15 per week until November, 1976, and then after $19 per week and for that rate to be applied in percentage scale to apprentices. (55 W.A.I.G. 1063).

On 30th August, 1978, the Commission in Court Session by amendment to the Supplementary Payments Clause awarded the amount of $22 per week to the workers previously receiving supplementary payments i.e. tradesmen and classifications above tradesmen, and amounts from $6 per week up to $19 per week, depending upon classification, to all other workers subject of the award. The amounts of the supplementary payments were phased in by incremental stages the first to commence in September, 1978, the second in December 1978, and the final increment to occur on 1st February, 1979.

By the decision of 13th November, 1979, and the" order made as a consequence thereof, being those against which the appeal is made, the base rate in Clause 32.—Wages, was increased "to the level of the appropriate wage in the Federal award" and the supplementary payments in clause 31 were reduced "by a like amount unless to do so would produce an amount less than that to be found in the Federal award".

The judgement delivered on 13th November traversed the claim and the events leading up to it, made comment upon the decision issued by the Commission in Court Session in 1975 (58 W.A.I.G. 1916) and demonstrated the arguments of each of the parties.

In considering the grounds of appeal I have taken a full review of the decision of the Commission and whilst it is obvious that the decision has changed the amounts prescribed in the component parts of the wage of the workers it has not changed the amount of the total wage paid to the workers.

I do not believe that a Commissioner sitting alone and constituting the Commission can be said to act properly if he contradicts a direction of the Commission in Court Session of if he fails to follow a direction of the Commission in Court Session or if he fails to follow that which is done by the Gommission in Court Session if it is intended that that which is done is intended to apply notwithstanding any other intervening circumstances.

Equally I do not believe that a Commissioner sitting alone and constituting the Commission must follow a decision of the Commission in Court Session if that act of following leads to a consequence which results in the intention of the Commission in Court Session being avoided or leads to an unintended burden being placed upon any of the parties to the award.

Simply put I believe a Commissioner must act in accord with the dictates of the Act in that he must act according to equity, good conscience and the substantial merits of the case and if he finds that those directions or principles are subverted by the following of a decision of the Commission in Court Session then he should avoid that decision.

Thus in this case if the Commission found that it had proper reason to avoid the decision of the Commission in Court Session in respect of supplemetary payments which created rates in excess of Federal award rates then the Commission had authority to act to avoid as suggested. The question as to whether there was what I described as "proper reason" is a different one and should be investigated separately.

I find it difficult to conclude that the Commission "did not place sufficient regard to the decision of the Australian Commission". If that means that the Commission did not merely increase the base rates of workers as did the Australian Commission that is true, but there can be no doubt that the decision was earnestly considered and the judgment speaks of it and discusses its effect. It most certainly was not applied in the manner suggested by the appellants but it was most seriously regarded. What is "sufficient" I suppose depends upon the capacity of the claimant recipient and some claimants are insatiable.

I would agree with the statement that the decision appealed against has caused the base rates of the State Award to equal, in general terms, the rates now prescribed for Victoria by the Australian Metal Industry Award but it can not be said that regard was not had for wage indexation decisions. Indeed the matter before the Australian Commission so fully involved that Commission's Wage Indexation guidelines that it was dealt with by a full bench. I am

23rd April, 1980.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 507

not able to conclude from what has been put in this appeal that regard was not paid to the Commission's indexation decisions moreover "wage indexation" is referred to in the judgment and the act of bringing the base rates to relative equality was deliberate.

The levels of the base rate in the State Award in respect of Part 1 were increased to the level of the appropriate wage in the Federal Award and, as I recall the evidence, that wage is the one pertaining in Victoria and that relativity has been observed over some years and that being so I find the action is consistent.

At the time the decision was made it was seen by the Commission that to increase the total wage of the various classifications was not a proper method of applying the rates paid Federally to the rates paid by the State document. If some other people gained by the change in the base rate that was a consequence which was not avoidable but it does not, in my opinion, preclude the Commission from making an order in respect of the award being reviewed.

The suggestion of offence to comparative wage justice having been perpetrated can only be sustained if the comparison of the total rate paid in the State and Federal awards as existing at say October, 1979, is to be maintained. The reasons for decision show that the Commission found the comparison of the total rates prior to the November decision to be in the case of the State Award $182 per week and in the case of the Federal Award $168.70. As a result of the November decision the Federal total rate became $178 and as a result of the decision here under appeal the State total rate remained at $182.

It seems to me that what was considered by the appellants as being the only comparison open was that existing at, say, October, 1979, and no recognition of how that circumstance came about was seen as relevant. For my part I see the history of the rates as being most relevant and in testing the course of change I do not see that the true principles of comparative wage justice have been offended.

In considering the final ground of appeal I found myself returning to the factors which concerned me when I considered the complaint related to comparative wage justice. The matters taken into account by the Commission in finding the rates paid to the workers were the rates prescribed by the two authorities i.e. the two Commissions in their prescription of what in the discussions and the decision were called base rates and supplementary payments. Neither of those rates are "over award"—they are rates prescribed by the award and are very much "in" award rates. In the claim before the Commission and in the argument presented it can hardly be said that the Commission was required to determine the "true value of the work" rather was the Commission asked to flow on an increase gained in an area generally accepted as being relevant.

My conclusion in the totality of the matters raised in appeal is that the Commission did not err in deciding to vary the amount of the supplementary payment found by the Commission in Court Session to be appropriate. The purpose of the creation of the supplementary payment was discussed at length in the reasons for decision and it is not necessary for me to repeat the history or the reasons given at the time of its creation. The expectation of a return to an equality in the rates prescribed by the two sources is clear to be seen in the judgment reasons for decision delivered by the Commission in Court Session in December, 1975, and by the decision under review the return to the equality of the rates in the awards is made.

If some anomalies have been created by precipitous action in some industries or by parties in special cases then further action might need to be taken but

those circumstances do not persuade me either that the decision under appeal was wrong or that any other decision should have been made.

I would dismiss the appeal.

MR COMMISSIONER COLLIER: These are appeals by the Amalgamated Metal Workers and Shipwrights Union of Western Australia and the Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth against the decision and order of the Commission dated 13th and 30th November, 1979, respectively to amend the Metal Trades (General) Award 1966.

The grounds of appeal are stated to be as follows:—

1. That the order/decision is contrary to the previous decisions of the Commission in Court Session which

(a) deliberately prescribed supplementary payments in the Award, notwithstanding the fact that supplementary payments did not exist in the Federal Metal Industry Award, and

(b) subsequently created wage rates in the Award which were in excess of the wage rates in the federal award.

2. The Commission erred in that it did not place sufficient regard to the decision of the Australian Conciliation and Arbitration Commission of the 5th November, 1979, which awarded wage increases on account of changes in work value and which were "across the board" increases to be paid to all workers without regard to the level of over award payment.

3. The Commission's decision to equate the base rates in the Award to the level prescribed for those rates in the Federal Metal Industry Award was made without regard to the Commission's wage indexation decisions.

4. The decision/order was unjust and inconsistent in that it resulted in reducing the amount of increase in some base rates to the level of the Metal Industry Award. It failed to increase base rates where they are less than the corresponding classification in the Metal Industry Award.

5. The decision/order was not reasonably open to the Commission in that it has created inconsistencies within the Award and inconsistencies, between the Award and other awards of the Commission which have a nexus with the Award.

6. The decision/order offends the principle of comparative wage justice.

7. The decision/order is contrary to previous decisions which have disregarded overaward payments when determining the true value of work.

The background to the applications before the Commission of first instance is action taken by federal unions for increases in wages to workers employed under the Federal Metal Industry Award. Application No. 316 of 1979 lodged in the Office of the Registrar by the Amalgamated Metal Workers and Shipwrights Union of Western Australia sought substantial increases for all classifications under the State Metal Trades (General) Award in anticipation of increases being achieved in the federal area. On 5th November, 1979, a full bench of the Australian Conciliation and Arbitration Commission awarded "across the board" increases of $9.30 per week and $7.30 per week to tradesmen and non tradesmen respectively and three days later a "flow on" claim

was argued in the Commission with application No. 316 of 1979 being used as the vehicle for increases in wage rates. A second application, heard at the same time and related also to the federal decision, concerned tool allowance.

The Commissioner set out the claims of the unions and the response of the employers and his attitude towards them in the following words:—

However, the unions submit that, notwithstanding supplementary payments, the base rates in the award should be increased by 19.30 or $7.30, as the case may be, whilst the employers argue that as the total wage in this State comprised of the total rate and the supplementary payment is higher than the new Federal wage, including supplementary payment, the award should not be amended.

I reject both those views, and decided that the "base rates" in Part I of the award should be the same as those prescribed in the Federal Award, granting increases to achieve this end but with like reductions in the supplementary payments attached to the particular classifications.

With reference to the wages of construction workers under Part 2 of the award the Commission said:—

In part II—Construction Work—the same approach will be adopted but in this case the "special payments" will be adjusted pending the issuance of the order of the Australian Commission and until the Commission may be more fully advised with respect to the factors taken into account in fixing those special payments and in particular the movement, if any, in rates of pay thought to be relevant in that regard.

There is no doubt that the decision reached by the Commissioner was based on his appreciation of the reasons for decisions of the Commission in Court Session in the metal trades supplementary payments cases and, in my view, it is to those earlier decisions and to the decision of the Australian Commission in the recent Metal Industry Award case to which we must turn in considering the validity of the appeal grounds.

In the 1975 Metal Trades case a five man bench of the Commission in Court Session was unanimous in its decision to add to the award a clause styled "Supplementary Payments" which provided that workers in "tradesmen" classifications should be paid not less than $10 per week in addition to the appropriate rate otherwise payable under the award. The amount payable was to be reduced by the amount of any payment made to a worker in addition to the award provision whether such payment was being made by virtue of any order, industrial agreement or other agreement or arrangement (55 W.A.I.G. pp. 1919/20).

In its judgment the Commission in Court Session highlighted the following matters which are relevant to the decision under appeal:—

*The applicants claimed that the award was unjust and inequitable and did not represent a proper recognition of the tradesman for the training he had undergone, the knowledge and skill he had acquired and the value of his work to industry in the community as a whole.

*The case was not in any sense a work value case but the Commission, even without evidence, was prepared to assume and act on the assumption that a skilled tradesman who had spent several years learning his trade should be paid more than a wide variety of semi- skilled or unskilled workers.

*The Commission did not intend to give expression in its reasons for decision of the analysis it had made of the material placed before it but simply to state its conclusions and the reasons for reaching them.

*It had concluded that it was able to remedy the instances of real injustice which had been demonstrated in the proceedings without breaking the nexus between the Federal and State award rates of pay.

*Any amendment to be made to the award which would increase wage costs should be restricted in its effect to those workers with respect to whom real injustice had been demonstrated.

*A fairly representative sample of the Commission's awards demonstrated quite conclusively that the award rate was wholly inadequate as a rate of pay for a skilled tradesman.

""There were a significant number of metal tradesmen who were paid only the award rate or slightly above and the Commission should move to remedy their situation.

* There were many tradesmen who were receiving wage rates substantially in excess of the award rate and there was plainly no justification either on the case presented or in the then economic circumstances for the Commission to extend to those workers the increase which was necessary to remedy the plight of the workers mentioned above.

""Observations made in 1970 regarding attention by unions to the interests of all members and not just those who were able to secure overaward payments; the Commission's intention in appropriate cases to attend to the interests of those who do not receive overaward payments in one form or another and who were thereby disadvantaged by comparison with those who do; et ah, were just as appropriated in the present case as the Commission believed them to be in 1970.

*The provision to be awarded in 1975 had no application whatever to any worker who received as much or more than what was to be granted.

""The supplementary payment for tradesmen had been arrived at partly from a consideration of wage rates in other awards which applied to non-tradesmen.

In July 1976 the Commission in Court Session further increased the supplementary payments to metal tradesmen by two instalments. It summarised the 1975 decision and in rejecting increases to workers other than tradesmen said:—

The supplementary payment which has been fixed for tradesmen is to remedy the injustice shown by the case presented.

In August, 1978, the Commission in Court Session further increased the supplementary payment for tradesmen stating, inter alia:—

In other words we think it proper, after two and a half years, to re-align the tradesman's rate having regard to the movement which has taken place in the award rates for a wide variety of semi-skilled or unskilled workers as a consequence of wage indexation, (58 W.A.I.G. p. 1140).

and with respect to non-tradesmen saw:— good reason to make a prescription of the same

kind as is applicable to tradesmen and on a like principle, namely to increase the wage rates of the lesser paid but not the rates of those in receipt of payments well in excess of the award wage. (58 W.A.I.G. p. 1141.)

23rd April, 1980.J WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 509

As can be seen from the Reasons For Decision in the Federal case the union's claim was for a weekly wage of $220 in addition to the supplementary payments prescribed by the award. It can also be seen that the full bench assessed rates which it expressed in its decision as being "$9.30 in excess of the existing rates (for tradesman and above) and for those below tradesmen $7.30 in excess of existing rates". Further, it was satisfied that changes in work value since 1970 had been established and in assessing the rates to be adopted it had paid regard—"to the rates prescribed for comparable classifications in the various oil industry, motor vehicle manufacturing and aluminium manufacturing awards . . . and have also considered other recently assessed awards". It found that to do otherwise than adopt in the particular circumstances of this industry an averaging "across the board" approach would have resulted in unfairness and inequity. Finally, it is clear that the Australian Commission did not expressly concern itself with supplementary payments. Having accepted the report of Williams J. that there had been a significant net addition to work values it determined "across the board" increases for all.

In short, it would seem that the Australian Commission considered that, because of technological and other changes since 1970, there had been a net addition to work value which warranted "across the board" payments to all workers regardless of their supplementary payment or other "over-award" payments. In this connection it is important to recall that by and large the supplementary payments scheme which was adopted by the Australian Commission in September, 1978, was agreed between the parties and, to the extent granted, was in substitution for existing over-award payments. The Commission then stated that "about 700 employers out of several thousand would be involved in wage increases to some employees". (Print D8263-1/9/78.)

In the light of the foregoing all of' which were matters raised either broadly or specifically in the case before the commission of first instance, was the decision reached reasonably open to it? The Principles followed by the Commission in Court Session in appeals under the Industrial Arbitration Act, 1912, have been enunciated many times in numerous decisions. Foremost among these are the Dairy Factories Case (45 W.A.I.G. p. 246), the Draughtsmen's Case (46 W.A.I.G. p. 483) and in more recent times the Wongan Hills Hospital Case (59 W.A.LG. p. 11) and the Foreman (Government) Case (59 W.A.I.G. p. 1175). Insofar as subservience of the Commission to the Commission in Court Session is concerned the authorities for the Commission to be found in descending order to follow the decision of the tribunal next above it are amply set out in the Watchmen and Jewellers case (58 W.A.LG. p. 122/4).

In my view the decisions of the Commission in Court. Session in the Metal Trades Supplementary Payment cases did not prevent a Commissioner, sitting singly, from varying the rates previously awarded. To take any other approach would be to decide that once a Commission in Court Session had determined that an award should be varied as to wages then those wages could only be altered subsequently by another Commission in Court Session, similarly or differently constituted. Such an approach would be to remove common sense from the arbitral process for changed circumstances often demand changed rates and as the Commission is obliged to do all such things as are necessary for the expeditious determination of the dispute continuous references to the Commission in Court Session would defeatthis objective.

However, when the Commission decides to take action which will change something already determined by a higher authority it is incumbent on the Commission to take into consideration all of the matters which were earlier considered by that authority and, in particular, to ensure that none of its intentions are frustrated by the order to issue.

I am of the opinion that the Commission erred in these respects on this occasion. In 1975 the Commission in Court Session had before it a wealth of information on wage rates in awards of this Commission with which comparisons could be made, details of substantial over-award payments made to metal tradesmen in a wide variety of industries and significant information on numbers of metal tradesmen to whom none or relatively small overaward payments were being made. It was from this data that the Commission in Court Session decided that supplementary payments should be awarded and its intention that the decision was to benefit those who needed it and not those who were already receiving substantial over-award payments was expressed in very clear terms. In 1978 when it further increased supplementary payments it did so notwithstanding its awareness that supplementary payments of a significantly reduced order were being introduced into the Federal Metal Industry Award.

The type of information which was before the Commission in Court Session previously was just not before the Commission of first instance on this occasion and the new information, i.e. the increases to the basic award rates in the Metal Industry Award were insufficient, in my view, for the Commission to reduce supplementary payments without first having regard for the material which caused the Commission in Court Session to originate these payments. Moreover the Commission was aware that the increases in the Metal Industry Award would flow to all metal workers employed under that award regardless of over-award payments and that they were solely on account of net addition to work value since 1970. Work value was a matter specifically excluded from the consideration of the Commission in Court Session on each occasion when supplementary payments were awarded.

In other circumstances I would have remitted this case to the Commission for further hearing so that the matters of which mention has been made could be aired by the parties. However, I consider that the order should be amended to restore supplementary payments to the level awarded by the Commission in Court Session. The decision virtually denies metal workers who rely on the award for their total wage compensation for net addition to work value since 1970. Construction workers were likewise denied the increase by virtue of compensating adjustment to "special payments". However, by Supplementary judgment of 11th December, 1979, the decision regarding construction workers was changed so that they now gain increases to equate their basic total rate with that in the federal award. In practical terms this means that there will be few metal tradesmen (other then those who rely solely on the award) who will not receive an increase of $8.60 per week. Such an effect is incompatible with the intention of the Commission in Court Session referred to earlier in this judgment.

The principles discussed earlier relating to appeals against the decision of a Commissioner dictate that the Commission in Court Session should not substitute its own decision for that of the Commissioner if the decision which he reached was reasonably open to him in the exercise of his discretion. Having regard to the comments made by the Commission in Court Session regarding the nexus between the instant award and the Metal Industry Award I consider that the Commissioner's decision to


re-align the basic total rates in the two awards was reasonably open to him and accordingly I would dismiss the appeal as it relates to Clause 32.—Wages.

For the foregoing reasons I would uphold the appeal relating to clause 31 and dismiss with respect to clause 32.

MR COMMISSIONER MARTIN: The decision of the other members of this Commission in Court Session set out, in my view, all of the background material relevant to the determination of this appeal. From that material it appears to me that the "supplementary payments scheme" structured for the Metal Trades (General) Award No. 13 of 1965 as amended, consolidated and further amended was derived from a number of factors, not the least of which was to ensure that all tradesmen enjoyed a minimum total rate of wage wherever they were employed and particularly directed a tradesman in those sectors of industry wherein over award payments were not prevalent so that those tradesmen were not disadvantaged vis a vis tradesmen in industries in receipt of straight out over award payments or other schemes of additional payments, by action of their employer or awards or orders of this Commission.

A change in that scheme of "equalisation payments" does not appear to me to be possible without a full analysis of what the overall picture is for those tradesmen in 1979 or 1980 and the material necessary for such a review was not placed before the Commission in the matters raised in the application leading to the proceedings now before the Commission in Court Session.

Accordingly I take the view that the contents of Clause 31.—Supplementary Payments should not have been disturbed in that matter, on that material or rather, lack of that material.

To that end the appeal on that clause should be upheld, and that part of the application remitted to the Commission for further hearing and determination as to whether a change is warranted in the "supplementary payments" in the light of the base rate increase, and circumstances today using the same criteria as did the Commissions in Court Session which created that scheme of additional payments.

I consider that the appeal against that part of the order relating to Clause 32.—Wages, should be dismissed as it has not been demonstrated that the decisions and order made in relation thereto were in any way wrong in principle or contrary to the matters raised before the Commission.

MR COMMISSIONER O'SULLIVAN: The Commission having reached a conclusion at which it finds that agreement is not reached on reasons for decision has decided, without any member resiling from the reasons delivered, that an order should issue upholding the appeal in part and remitting the matter to the Commission in first instance for further hearing and determination as to whether a change is warranted in the supplementary payments provision existing in the award at the time of first hearing having regard for the matters raised and discussed in the reasons for decision.

An order will issue in accord with the aforementioned decision.



Shipwrights Union of Western Australia and Electrical Trades Union of Australia (Western Australian Branch), Perth, Appellants, and Anchorage Butchers Pty Ltd and Others, Respondents.

Order, HAVING heard Messrs. A. R. Beech and D. Skipworth on behalf of the appellants and Mr C. B. Parks on behalf of the respondents in the matter of an appeal from the decision given on the 13th day of November, 1979 and the order issued on the 30th day of November, 1979 by Mr Commissioner D. E. Cort in respect of Applications Nos. 522 of 1978 and 316 of 1979 to amend the Metal Trades (General) Award No. 13 of 1965 as amended, the Commission in Court Session, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders:—

1. That the appeal herein in respect of clause 31.—Supplementary Payments be upheld; and

2. that part of the order issued on the 30th day of November, 1979 relating to Clause 31.—Supplementary Payments be set aside; and

3. the dispute in respect of the said clause be remitted to the Commission for further hearing and determination in accordance with the Reasons for Decision accompanying this order; and

4. the appeal in respect of Clause 32.—Wages be dismissed.

Dated at Perth this 18th day of March, 1980.

By the Commission in Court Session

B. M. O'SULLIVAN, IL.S.l Commissioner.



Shipwrights Union of Western Australia and Electrical Trades Union of Australia (Western Australian Branch), Perth, Appellants, and Anchorage Butchers Pty. Ltd., and others, Respondents.

Correcting Order. WHEREAS an omission occurred in the order issued by the Commission in Court Session on the 18th day of March, 1980, in determination of Appeal No. 590 of 1979, now therefore, the Commission in Court Session, pursuant to the powers conferred on it under the Industrial Arbitration Act 1979, hereby orders that Order No. 590 of 1979 be corrected by deleting the items numbered 1, 2, 3 and 4 therefrom and inserting in lieu thereof the following:—

1. That the appeal herein in respect of Clause 31.—Supplementary Payments be upheld; and

2. that part of the order issued on the 30th day of November, 1979 relating to Clause 31.—Supplementary Payments be set aside; and

3. the dispute in respect of the said Clause 31.—Supplementary Payments be remitted to the Commission for further hearing and determination in accordance with the Reasons for Decision accompanying this order; and

23rd April, 1980. | WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

4. the appeal in respect of Clause 32.—Wages be dismissed, but those parts of Order No. 522 of 1978 and 316 of 1979 which relate to subclause (1) of Clause 32.—Wages and subclause (1) of Clause 3.—Wages, of the Appendix—Westralian Transformers Pty. Ltd. shall not have force or effect in accordance with that Order until the further hearing and determination referred to in item 3 hereof has been concluded.


By the Commission in Court Session,

B. J. COLLIER, IL.S.l Commissioner.


No. 423 of 1979. Between Western Australian Government Railways

Commission, Appellant, and Amalgamated Metal Workers' and Shipwrights' Union of Western Australia, Respondent.

Before the Commission in Court Session. The Senior Commissioner, Mr E. R. Kelly and Mr

Commissioners D. E. Cort and G. A. Johnson. The 14th day of March, 1980.

Mr A. R. V. King on behalf of the appellant. Mr J. Sharp-Collett on behalf of the respondent.

Reasons for Decision. MR COMMISSIONER KELLY: The decision of Cort C. is the decision of the Commission in Court Session. MR COMMISSIONER CORT: This is an appeal by the Western Australian Government Railways Commission (hereinafter referred to as "the employer") from a decision of the Commission dated the 2nd October, 1979 whhich ordered that:—

Notwithstanding the provisions of the Railway Employees Award Consolidated 1977... boilermakers...under the control of the Boilermakers' Foreman Midland are, subject to claim within the pay period, entitled to receive payment of the allowance known as confined space for a minimum of half the number of ordinary hours worked in any pay period. (59 W.A.I.G. 1590.)

Subclause (2) of Clause 31.—Special Rates and Provisions of the Railway Employees Award No. 18 of 1969 prescribes:—

(2) Workers in confined spaces shall be paid 20 cents per hour extra where otherwise provided.

A "confined space" means a working place the dimensions of which necessitate an employee working in an unusually stooped or otherwise cramped position or where confinement within a limited space is productive of unusual discomfort, (see 59 W.A.I.G. 780.)

It would appear that the word "except" should be inserted before the word "where" in the first paragraph of the subclause and in Clause 8.—Board of Reference the Board is assigned the function of determining "any dispute as to the application of any special rate and provisions prescribed herein".

In the original proceedings before the Commission the union maintained that "following a number of meetings (in the mid 1960's) with the then Foreman Boilermaker, agreement was reached that all boilermakers would be permitted to claim confined space money on a minimum basis of 40 hours per fortnight. It also maintained that "when a worker was involved in disabilities which would normally attract payment in excess of 40 hours then payment . could be obtained for the total hours during which the disabilities were encountered". In that respect the Commission found that:—

it is fairly obvious that an arrangement was entered into between the foreman and workers many years ago that they could claim up to forty hours confined space allowance per pay period without questions being asked, (at page 1591.)

However, the Commission was of the opinion that "the foreman had no authority either under the awards or by delegated power to make the arrangement" and found that:—

the respondent employer has a perfect right to seek to terminate an arrangement outside of the award which was apparently made by an officer who lacked the necessary authority, (at page 1591.)

It was in this context that the Commission concluded that:—

it would be more realistic to ratify this long standing arrangement than to revert to the strict letter of the award document

being the decision against which the employer appeals.

The grounds of appeal are:— (1) The decision is contrary to the evidence; (2) The decision is contradictory; (3) The decision was not arrived at with equity,

and substantial merits; (4) The decision binds the Industrial

Commission on any future claim of a similar nature; and

(5) The decision condones an unlawful act; but, in view of the conclusion which I have reached it is not necessary to deal with those several grounds.

The Railway Employees Award provides that an extra payment shall be made to a worker in a confined space. In the context of this appeal no other payment in addition to ordinary wages is authorised. The circumstances under which this extra payment was first made are far from clear. However, if in the mid 1960's workers were working in confined spaces and an arrangement was entered into whereby that disability was compensated there would be nothing to prevent either the boilermakers or the employer from asking that the payment be reviewed having regard to the circumstances applicable in 1979. This, whether or not the officer who entered into the arrangement was authorised to do so. If, on the other hand, the arrangement was entered into or influenced by reason of the factors referred to by the union (refer transcript p. 40) then it should be reviewed for otherwise inequities may exist among workers at large employed by the Railway Commission.

In my view the order of the Commission should remain unless and until the Board of Reference determines otherwise. To give effect to this conclusion I would amend the order accordingly.

Order accordingly.

512 W

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION

No. 423 of 1979. Between Western Australian Government Railways

Commission, Appellant, and Amalgamated Metal Workers' and Shipwrights' Union of Western Australia, Respondent.

HAVING heard Mr A. R. V. King on behalf of the appellant and Mr J. Sharp-Collett on behalf of the respondent in the matter of an appeal from an order issued by Mr Commissioner B. J. Collier on the 11th day of October 1979 in Reference No. CR335 of 1979, the Commission in Court Session under and pursuant to the Industrial Arbitration Act, 1979 hereby orders—

That the said order be varied by adding to paragraph (2) thereof the words "and until a Board of Reference constituted under the said award determines otherwise".



(Sgd.) E. R. KELLY, [L.S.] Commissioner.

AWARDS—Amendment or Variation of—

BUILDING TRADES (Construction).

Award No. 14 of 1978. BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION. No. 585 of 1979.

Between Building Trades Association of Unions of Western Australia (Association of Workers), Applicant, and Alpha Brick Paving and Others, Respondents.

HAVING heard Mr W. Thomas on behalf of the applicant and Mr R. W. Greig on behalf of respondents, and by consent, I, the undersigned, Commissioner of the Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1979, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Building Trades (Construction) Award No. 14 of 1978 as amended, be and the same is hereby further amended and consolidated in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the 1st day of September, 1979, except that, with respect to plumbers and their apprentices, this amendment and consolidation shall take effect as from the beginning of the first pay period commencing on or after the 1st day of October, 1979.

Dated at Perth this 29th day of February, 1980.

(Sgd.) D. CORT, [L.S.] Commissioner.

Schedule. 1.—Title.

This award shall be known as the "Building Trades (Construction) Award, 1979" and shall replace Award No. 14A of 1975, as amended and the Building Trades (Construction) Award, 1977, Nos. 24 of 1976 and 14 of 1975, as amended.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Term. 6. Maximum Rates in this Paid Rates Award. 7. Definitions. 8. Rates of Pay. 9. Special Rates and Provisions.

10. Multi-Storey Allowance. 11. Mixed Functions.

12A. Compensation for Travel Patterns, Mobility Requirements of Workers and the Nature of Employment in the Construction Work Covered by this Award.

12B. Fares and Travelling Time—Plumbers Only.

13. Hours. 14. Rest Periods and Crib Time. 15. Overtime and Special Rates. 16. Weekend Work. 17. Holidays and Holiday Work. 18. Easter Saturday. 19. Shiftwork. 20. Inclement Weather. 21. Meal Allowance. 22. Living Away from Home—Distant Work. 23. Annual Leave. 24. Sick Leave. 25. Accident Pay. 26. Bereavement Leave. 27. Jury Service. 28. Time Records. 29. Protection of Workers. 30. Amenities. 31. First Aid Equipment. 32. Special Tools and Protective Clothing. 33. Compensation for Clothes and Tools. 34. Payment of Wages. 35. Presenting for Work but not Required. 36. Termination of Employment. 37. Job Stewards. 38. Posting of Award. 39. Posting of Notices. 40. Right of Entry. 41. Board of Reference. 42. Apprentices. 43. Under-Rate Workers. 44. Long Service Leave. 45. Breakdowns, Etc. 46. Prohibition of Junior Workers. 47. Preference to Unionists. 48. Settlement of Disputes. 49. Liberty to Apply.

Schedule "A"—Respondents.

3.—Scope. This award shall apply:—

(i) to all workers usually employed on construction work as defined in Clause 7.—Definitions of this award in any of the callings set out in Clause 8.—Rates of Pay of this award in the building construction industry carried on by the employers named in the schedule attached to this award, and

(ii) to all apprentices usually employed on construction work as defined in Clause 7.—Definitions of this award and taken to any of the trades to which this award relates

23rd April, 1980.J WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

in the building construction industry carried on by the employers named in the schedule attached to this award, and

(iii) to all employers employing those workers and apprentices.

4.—Area. This award shall operate throughout the State of

Western Australia.

5.—Term. The term of this award shall be from the beginning

of the first pay period commencing on or after the 9th April, 1979, and shall operate for a period of 2 years.

6.—Maximum Rates in this Paid Rates Award. (1) The rates prescribed by this award are

maximum rates. (2) An employer, upon whom this award is binding,

shall not pay more than the rates prescribed by this award or the rates which are otherwise determined or approved by the Western Australian Industrial Commission.

7.—Definitions. (1) Builder's Labouring:—

(a) "Builder's Labourer" means a worker engaged:—

(i) as a scaffolder, a rigger, a dogman, a gear hand, a hod carrier, a mortar mixer or a drainage worker employed in connection with building operations; or

(ii) to wheel to and from the lift, or to fill boxes with materials to be lifted with winch, hoist, elevator or crane required for servicing bricklayers, plasterers or masons or to control any such winch or hoist, or in control of a trowelling machine; or

(iii) in underpinning and timbering basements, in the rough finishing of the surfaces for granolithic floors, in the bagging off or the broom finishing of concrete surfaces in the preparation of granolithic surfaces but not the finishing thereof unless that work is otherwise referred to herein, in the erection of steel stanchions, girders and principals, in the erection of steel structural work when such work is part of the building contractor's contract and under his direct control, on furnace work and bakers' ovens, in mixing, preparing and delivering of materials used hot such as bitumen, trinidad, and other similar patented materials, in the setting and jointing of pipes for sewerage or storm water drainage, in the timbering of shafts, pits or wells in or around buildings, in the mixing of plastic materials and the cleaning up of floors and woodwork after the application of such materials, in preparing or bending or placing into position steel reinforcements in concrete in connection with building operations, in using a jack hammer, in demolishing and removing buildings, in mixing, preparing or delivering or packing of concrete in connection with the erection of structures or buildings, in clearing, excavating or levelling off sites for buildings when such work is under the building contractor's contract and under his direct control, or in road construction

work in connection with approaches to buildings inside the building line (other than road construction work governed by any award of the Western Australian Industrial Commission or any agreement registered with that Commission); or

(iv) in general labouring not provided for herein when such work is part of the building contractor's contract and under his direct control.

(b) "Assistant Powder Monkey" means a builder's labourer assisting under the direct supervision of a powder monkey in placing and firing explosive charges excluding the operation of explosive powered tools.

(c) "Assistant Rigger" means a builder's labourer assisting under the direct supervision of a rigger in erecting or placing in position the members of any type of structure (other than scaffolding and aluminium alloy structures) and for the manner of ensuring the stability of such members, for dismantling such structures or for setting up cranes or hoists other than those attached to scaffolding.

(d) "Direct Supervision" means, in relation to paragraphs (b) and (c) of this subclause, that the powder monkey or the rigger, as the case may be, must be present on the job to guide the work during its progress.

(e) "Concrete Finisher" means a builder's labourer, other than a concrete floater, who is engaged in the hand finishing of concrete work.

(f) "Concrete Floater" means a builder's labourer engaged in concrete work and using a wooden or rubber screeder or mechanical trowel or wooden float or engaged in bagging off or broom finishing.

(g) "Drainer" means a builder's labourer directly responsible to his employer for the correct and proper laying of sewerage and drainage pipes.

(h) "Scaffolder" means a builder's labourer engaged in the work of erecting or altering or dismantling scaffolding of all types.

(2) "Casual Worker" means a worker who is employed for a period of less than five days (exclusive of overtime).

(3) "Construction Work" means:— (i) all work "on-site" in connection with the

erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures; or

(ii) all work which the union and the employer concerned agree is construction work but only if the agreement is approved by the Board of Reference; or

(iii) all work which, in default of an agreement as aforesaid, is declared by the Board of Reference to be construction work.

(4) "Leading Hand" means a worker who is given by the employer, or his agent, the responsibility of directing and/or supervising the work of other persons, or in the case of only one person the specific responsibility of directing and/or supervising the work of that person.

(5) "Operator of Explosive-powered Tools" means a worker qualified in accordance with the laws and regulations of the State of Western Australia to operate an explosive-powered tool.

(6) "Plumber" means a worker employed or usually employed in executing any general plumbing, ship plumbing, gas fitting, pipe fitting, leadburning,


sanitary, heating and domestic engineering, industrial, commercial, medical, scientific and chemical plumbing.

Without limiting the generality of the foregoing such work shall include the following:—

(a) The fixing of all soil, wastes and vent pipes to sanitary fixtures in galvanised mild steel, copper, brass, cast iron, plastic, P.V.C. sheet metal, asbestos, lead, glass or any other materials that may supersede the aforementioned.

(b) Glazed earthenware pipes and fittings, fibrolite pipe and fittings, concrete pipe and fittings, plastic, P.V.C. pipe and fittings and any other drainage materials that may be introduced in connection with pre-case concrete septic tanks, or any other manufactured septic tank which has been passed by the Public Health Department. Soak wells, french drains, leech drains, grease traps and all forms of effluent disposal.

(c) The installation of all types of sanitary fixtures such as water closets, hand basins, sinks, urinals, slop hoppers, bidets, troughs and pan washers in stainless steel, sheet metal, plastic, P.V.C. cast iron or any other materials that may supersede those materials normally used by the plumber.

(d) The fixing of all water supply pipes in galvanised mild steel, copper, brass, cast iron, plastic, P.V.C. fibrolite, stainless steel, concrete, hydraulic, aluminium, asbestos, lead or any other material that may supersede those materials normally used from mains to buildings, swimming pools, display fountains, drinking fountains, ejectors, supply tanks, water filters, water softeners, glass washers, fire services including valves and all piping for sprinkler work, cooling towers and spray ponds used for industrial, manufacturing, commercial or any other purposes.

(e) The installation of all types of hot water and heating systems, including room heaters, sterilizers, calorifiers, condensate equipment, pumps, condensers and all piping for same in powerhouses, distributing and booster stations, bottling, distilling and brewery plants in connection with solid fuel, solar, fuel oil, gas (L.P. town and natural) electric (excluding electrical connections) all piping for power or heating purposes either by water, steam, air for heating, ventilating and air conditioning systems and any other equipment used in connection with medical, industrial, commercial, housing, scientific and chemical work.

(f) All piping, setting and hanging or units and fixtures for air conditioning, cooling, heating, refrigeration, ice making, humidifying, dehumidifying, the installation, of chilled water units including pumps and condensers, the setting and piping of instruments, measuring devices, thermostatic controls, gauge boards and other controls used in connection with power, heating, refrigeration, ventilating, air conditioning in manufacturing, mining and industrial work.

(g) All pneumatic, compressed air and gas lines used in connection with above, oxygen or similar gases used for medical purposes and all piping, valves and fittings thereto.

(h) The installation of centrifugal propeller or other exhaust fans, duct work, fume cupboards, registers, dampers, in sheet

metal, plastics, P.V.C., stainless steel, copper, aluminium or other materials that may supersede the aforementioned.

(i) The installation of irrigation and reticulation services in material used by the plumbers, mild steel, copper, brass, cast iron, plastic, P.V.C., asbestos, lead or any other materials that may supersede the aforementioned.

(j) All gas and arc welding, brazing, lead burning, soldered and wiped joints, expanded joints used in connection with the plumber.

(k) The installation of all plumbing, pipe work and fittings in ships, aeroplanes, mobile or transportable homes, etc.

(1) The fitting and fixing of guttering, downpipes, ridging, rain heads, fascia capping and all other work associated with housing, commercial and industrial undertakings in galvanised iron, copper, aluminium, cast iron, P.V.C. fibreglass, stainless steel, asbestos, sheet metal, zinc, galvanised corrugated iron, patent steel decking, aluminium decking, copper decking, corrugated asbestos, galvanised iron sheeting, fibreglass, plastic sheeting and moulds, fitting of patent roof outlets such as "Fulgo" in ventilators, skylights and such.

(m) The installation of all laboratory, research and scientific plumbing and fixtures including radio active plumbing, etc.

(7) Bricklaying:—

(a) "Bricklayer" means a worker engaged in bricklaying, firework (including kiln work), furnaces or furnace work of any description, setting cement bricks, cement blocks and cement compressed work, setting coke slabs or coke bricks or plaster partition blocks and brick cutting, or any other work which comes or which may be adjudged to come within the scope of brick work generally.

(b) "Stoneworker" means a worker who does all or any of the following classes of work whether hammer dressed or sawn:—

(i) Foundation work; (ii) Building random rubble uncoursed or

building squared rubble in courses or regular coursed rubble and dressing quoins or shoddies in connection with any such work;

but this definition shall not of itself be taken to prejudice or affect the right of any other classes of tradesmen or workers to do any class or kind of work they have hitherto been accustomed to do.

(8) Carpentry and Joinery:— (a) "Carpenter and Joiner" means a worker

engaged upon work ordinarily performed by a carpenter and joiner in any workshop establishment, yard or depot, or on site (including dams, bridges, jetties or wharves).

Without limiting the generality of the foregoing, such work may include:—

(i) The erection and/or fixing work in metal:

(ii)(aa) The marking out, lining, plumbing and levelling or prefabricated form work and supports thereto;

23rd April, 1980.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(bb) The erection and dismantling of such form work but without preventing builders' labourers from being employed on such work;

(iii) The fixing of asbestos products, dry fixing of fibre plaster materials and the fixing of building panels, wall board and plastic material;

(iv) The erection of curtain walling; (v) The setting out and laying of wood

blocks or parquetry or wooden mosaic flooring; and

(vi) The erection of prefabricated buildings or section of buildings constructed in wood prepared in factories, yards or on site.

(b) "Detail Worker" means a carpenter and joiner who sets out and works upon staircases, bar, kitchen or office fittings or any similar detail work from architects' plans or blue prints.

(c) "Setter Out" means a carpenter and joiner who sets out woik (other than wood blocks or parquetry flooring) for three or more other carpenters and joiners.

(9) Painting, Signwriting and Glazing:— (a) "Painter" means a worker who applies paint

or any other preparation used for preservative or decorative purposes:—

(i) To any building or structure of any kind or to any fabricated unit forming or intending to form part of any building or structure;

(ii) To any machinery or plant. The term includes any worker engaged in

the hanging of wallpapers or substitutes therefor or in glazing, graining, gilding, decorating, applying plastic relief, putty glazing or marbling and any worker who strips off old wallpapers or who removes old paint or varnish or who is engaged in the preparation of any work for painting by a worker otherwise covered by this award or in the preparation of any materials required for that painting.

(b) "Glazier" means a worker who:— (i) Fits and fixes, leadlights and stained

windows into prepared positions; or (ii) Fits and fixes glass or any of its

kindred products, including vitrolite, into any place prepared for its reception or cuts such glass or such other products; or

(iii) Cuts glass or any of its kindred products including vitrolite, for any purpose.

Provided that nothing in this definition shall apply:—

(aa) To work done by shop salesmen, picture frame or furniture makers, or by any other worker who at the date of this award is bound by any award of The Western Australian Industrial Commission or any Industrial Agreement made under the provisions of the Industrial Arbitration Act, 1912; or

(bb) To workers engaged in the assembly of windows where such work involves the fixing, other than with putty, or an aluminium sash around glass

which has already been cut to size and the work is carried out on the premises of a window frame manufacturer bound by the Metal Trades (General) Award No. 13 of 1965 as amended or replaced from time to time.

(c) "Signwriter" means a worker who may prepare his own backgrounds and does any of tne following work:—

(i) Lettering of every description, by brush, spray or any other method on any surface of material (other than the surface of a roadway);

(ii) Pictorial or scenic painting by brush, spray or any other method on any surface or material;

(iii) Designing for windows, posters, show window and theatre displays, honour rolls, illuminated addresses, neon signs, stencils, display banners or cut- out displays;

(iv) Gilding, i.e., the application of gold, silver, aluminium or any metal leaf to any surface;

(v) Cutting out, laying out and finishing of cut-out displays of all descriptions; or

(vi) Screen process work, i.e., the designing, setting up and operation for duplication or multiplication of signs on any material, whether of paper, fabric, metal, wood, glass or any similar material.

Provided, however, that nothing contained in this definition, nor in this award shall be deemed to prevent the employment of ticket writers at the rates of wage and subject to the conditions prescribed by the Ticket Writers' Award No. 29 of 1958 as amended or replaced from time to time.

(10) Plastering. "Plasterer" means a worker employed or usually

employed on plastering work which shall mean:— (a) All internal and external plastering and

cementing whether manual or mechanical means be used, including hard wall plaster and texture work where the materials used in such texture work consist only of plaster or cement or both;

(b) the fixing of wood lathing and metal lathing or any similar or other substitute which may be used as a ground for plastering work;

(c) The fixing of precast plaster or any other kind of plaster required to be finished off with plastered joints;

(d) The fixing of pressed cement work and ornaments and plaster partition blocks;

(e) Plastering in sewers, septic tanks, water channels and relining of pipes;

(f) The fixing of plain and ornamental tiles on walls or floors;

(g) The top dressing or concrete work finished in cement, granolithic or patent colouring, and all cement composition work and plain or fancy paving, except such work as is included in the definition of a builder's labourer unless such work is done by a worker who is engaged or employed as a plasterer;

(h) The fixing and laying of cork or substitutes such as solomit in cool chambers and in refrigeration chambers; or


(i) The working of flintcote where used with sand, cement or granulated cork or sawdust, but plastering work shall not include—

(i) Work authorised to be done by workers under any other award or industrial agreement; or

(ii) Work done by plumbers. (11) "Union" means:—

(i) The Australian Builders Labourers' Federated Union of Workers—Western Australian Branch;

(ii) The Western Australian Carpenters and Joiners, Bricklayers and Stoneworkers Industrial Union of Workers;.

(iii) The Operative Painters and Decorators' Union of Australia, West Australian Branch, Union of Workers;

(iv) The Operative Plasterers and Plaster Workers' Federation of Australia, (Industrial Union of Workers) Western Australian Branch;

(v) Plumbers and Gasfitters Employees Union of Australia, West Australian Branch, Industrial Union of Workers; or as the case may be

(vi) The Building Trades Association of Unions of Western Australia (Association of Workers).

8.—Rates of Pay. (1) Except as elsewhere provided in this paid rates

Award (as defined) the rates of pay payable to a worker (other than an apprentice) shall be that prescribed herein calculated as an hourly rate in accordance with subclause (4) of this clause.

(2) Weekly Base Rate. The following amounts shall be applied for the

purpose of the calculation in subclause (4) of this clause of the hourly rate to apply under this Award:—

(a) (i) Bricklayers, stoneworkers, carpenters, joiners, painters, signwriters, glaziers and plasterers

(ii) Plumber and/or gasfitter (iii) Plumber holding registration in

accordance with the Metropolitan Water Supply, Sewerage and Drainage Act: $

Base Rate 160.80 Reg. Alice 9.80

159.30 160.80

170.60 (b) Builders Labourers:—

(i) Rigger 157.70 (ii) Drainer 157.70

(hi) Dogman 157.70 (iv) Scaffolder 153.90 (v) Powder Monkey 153.90

(vi) Hoist or Winch Driver 153.90 (vii) Concrete Finishers 153.90

(viii) Steel Fixer including tack welder 153.90

(ix) Bricklayer's Labourer 147.60 Plasterer's Labourer 147.60 Assistant Powder Monkey 147.60 Assistant Rigger 147.60 Demolition Worker (after

three months experience).... 147.60 , Gear Hand 147.60 Pile Driver 147.60 Tackle Hand 147.60

Jackhammer Hand Mixer Driver (Concrete) Steel Erector Aluminium alloy structural

erector Gantry Hand or crane hand .... Crane Chaser Concrete Gang including

Concrete Floater Steel or bar bender to pattern

or plan Concrete formwork stripper....

(x) Builders' labourers employed on work other than specified in classifications (i) to (ix)

147.60 147.60 147.60

147.60 147.60 147.60

147.60

147.60 147.60

134.80

(c) Additional Payments—Workers shall be paid an additional payment at the rate of $26.80 per week in addition to the appropriate amounts in paragraphs (a) and (b) of this subclause for the purpose of the calculation in subclause (4) of this clause to compensate for the non-incidence of overaward payments in the building industry.

(3) Industry Allowance:—The industry allowance at the rate of $9.20 per week to be paid to each worker is to compensate for the following disabilities associated with construction work:—

(a) Climate conditions when working in the open on all types of work.

(b) The physical disadvantage of having to climb stairs or ladders.

(c) The disability of dust blowing in the wind, brick dust, and drippings from concrete.

(d) Sloppy and muddy conditions associated with the initial stages of the erection of a building.

(e) The disability of working on all types of scaffolds or ladders other than a swing scaffold, suspended scaffold, or a bosun's chair.

(f) The lack of the usual amenities associated with factory work (e.g. meal rooms, change rooms, lockers).

(4) Hourly Rate Calculation—Follow the Job Loading:—

(a) The hourly rate of pay to be paid to an adult worker (other than an apprentice) shall be calculated to the nearest cent (less than half a cent to be disregarded) by multiplying the sum of the amounts prescribed in subclause (2) and the amount prescribed in subclause (3) and where applicable in subclauses (6), (7), (8) and (9) of this clause by 52 and dividing the result by 50.4, by adding to that the amount prescribed in subclause (5) of this clause and by dividing the total by 40.

(b) The aforementioned calculation shall take into account a factor of eight days in respect of the incidence of loss of wages for periods of unemployment between jobs.

(5) Special Allowance. The special allowance at the rate of $5.80 per week

to be paid to each worker is to compensate for the following:—

(a) Excess travelling time incurred by workers in the building industry;

(b) The removal of loadings from the various building awards consequent upon the introduction of this paid rates award in the industry.

23rd April, 1980, WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 517

(6) Tool Allowance. Tool allowances shall be paid to tradesmen as

prescribed hereunder:— „ Per

Week $

Carpenters, Joiners, Plumbers 5.00 Plasterers, fixers 4.20 Bricklayers 3.60 Signwriters, Painters, Glaziers 1.30

(7) District Allowance:— (a) The district allowance to be paid to workers,

other than a worker supplied with free board and lodging, employed in the following areas shall be as set out in the following schedule:— Boundary of Districts and Allowance per week. $

(i) The area within the State for which an allowance is not provided for hereafter and including that area within a radius of 16 kilometres of Kalgoorlie, Boulder or Southern Cross Nil

(ii) The area within the following districts except that area situated within a radius of 16 kilometres of Kalgoorlie, Boulder or Southern Cross:—

Carrabin and Bullfinch to Southern Cross 1.30

Southern Cross and eastward to Kanowna 1.30

Coolgardie to Salmon Gums 1.30 Southward of Salmon Gums

to Esperance 0.60 Northward of the

Kalgoorlie radius 1.80 Wurarga and eastward and

northward thereof to Meekatharra 1.80

Hopetoun—Ravensthorpe... 1.80 Five kilometres eastward of

Meekatharra to Wiluna.... 2.70 (iii) The area within the following

districts:— (aa) The area within the

line commencing on the coast at lat. 24° ; thence due east to the South Australian border; thence due south to the coast; thence along the coast to long. 123° ; thence due north to the intersection of lat. 260 ; thence west along lat. 26 0 to the coast 7.50

(bb) That area of the State situated between lat. 24 0 and a line running due east to Carnot Bay to the South Australian border 14.00

(cc) That area of the State north of a line running due east from Carnot Bay to the South Australian border 16.00

(b) A worker who is supplied with free board and lodging shall be paid one-third of the aforementioned allowance appropriate to the area in which he is employed.

(8) Underground Allowance:— (a) (i) Subject to paragraph (b) hereof, a

worker required to work underground shall be paid an allowance of $4.00 per week in addition to the allowance prescribed in subclause (3) of this clause and any other amount prescribed for such worker elsewhere in this award.

(ii) Where a shaft is to be sunk to a depth greater than six metres the payment of the underground allowance shall commence from the surface.

(iii) This allowance shall not be payable to a worker engaged upon "pot and drive" work at a depth of three and a half metres or less.

(b) Where a worker is required to work underground for no more than four days or shifts in any ordinary week he shall be paid an underground allowance in accordance with the provisions of paragraph (t) of subclause (1) of Clause 9.—Special Rates and Provisions in lieu of the allowance prescribed in paragraph (a) hereof.

(9) Plumbing Trade Allowance: Plumbers shall be paid an allowance at the rate of

$7.30 per week to compensate for the following classes of work and in lieu of the relevant amounts in clause 9.—Special Rates and Provisions whether or not such work is performed in any one week. When working outside the categories listed hereunder, a plumber shall receive the appropriate rates provided for in the said clause 9.

General Plumber:— (i) Clearing stoppages in soil or waste pipes, or

sewer drain pipes, also repairing and putting same in proper order;

(ii) Work in wet places; (iii) Work requiring a swing scaffold, swing seat

or rope; (iv) Dirty or offensive work; (v) Work in any confined space;

(vi) Work on a ladder exceeding 8 metres in height.

Mechanical Services Plumber:— (i) Handling charcoal, pumice, granulated cork,

silicate of cotton, insulwool, slag wool, or other recognised insulation material of a like nature or working in the immediate vicinity so as to be affected by the use thereof;

(ii) Work in a place where the temperature has been raised by artificial means to between 46 and 54 Celsius or exceeding 54 Celsius;

(iii) Work in a place where fumes of sulphur or other acid or other offensive fumes are present;

(iv) Dirty or offensive work; (v) Work in any confined space;

(vi) Work on a ladder exceeding 8 metres in height.

Roof Plumber:— (i) Work in the fixing of aluminium foil

insulation on roofs or walls prior to the sheeting thereof;

(ii) Use of explosive powered tools; (iii) Work requiring use of materials containing

asbestos or to work in close proximity .to employees using such materials shall be provided with and shall use all necessary safeguards as required by the appropriate occupational health authority including the mandatory wearing of protective equipment (i.e. combination overalls and breathing equipment or similar apparatus);


(iv) Dirty or offensive work; (v) Work requiring a swing scaffold, swing seat

or rope; (vi) Work on a ladder exceeding 8 metres in

height. (10) Leading Hands:—

(a) A person specifically appointed to be a leading hand shall be paid at the rate of the undermentioned additional amounts above the rate of the highest classification supervised, or his own rate, whichever is the highest, in accordance with the number of persons in his charge:—

Week- ly Rate

Base Per Only Hour

$ $ (i) In charge of not more

than 1 person 4.50 0.12 (ii) In charge of 2 and not

more than 5 persons .... 10.10 0.26 (iii) In charge of 6 and not

more than 10 persons .. 12.70 0.33 (iv) In charge of more than

10 persons 16.60 0.43 (b) The hourly rate prescribed in paragraph (a)

hereof is calculated to the nearest cent (less than half a cent to be disregarded) by multiplying the weekly base amount by 52 and dividing the result by 50.4 and by dividing the amount by 40 and the said amount shall apply for all purposes of the Award.

(11) Licensed Plumbers Accepting Respon- sibility:—

Any licensed plumber called upon by his employer to use the license issued to him by the Metropolitan Water Supply, Sewerage, and Drainage Board for a period in any week—$12.50 for that week.

(12) Plumber Acting on Welding Certificate:— A plumber who is requested by his employer to

hold the relevant qualifications and has obtained a certificate of competency pursuant to procedures as set out by the Standards Association of Australia or other relevant recognised codes, or, who may have to carry out work which is subject to other special tests but not a normal trade test, and is required by his employer to act on such qualifications, shall be paid an additional 13 cents per hour for oxy-acetylene welding and 13 cents per hour for electric welding for every hour of his employment whether or not he has in any hour performed work relevant to those qualifications held.

(13) Lead Work:— A plumber engaged in lead-burning or lead work in

connection therewith shall be paid an additional 57 cents per hour.

(14) Ship's Plumbing:— A plumber engaged on plumbing work in

connection with ships shall be paid an additional 40 cents per hour.

(15) Casual Hands:— In addition to the rate appropriate for the type of

work, a casual hand shall be paid an additional 20 per cent of the rate per hour with a minimum payment as for three hours employment. The penalty rate herein prescribed shall be deemed to include, inter alia, compensation for annual leave.

(16) The rates prescribed in subclauses (2) and (10) of this clause shall be increased or decreased, as the case may be, to give effect to any decision of the Australian Conciliation and Arbitration Commission to alter wage rates uniformly in awards under its jurisdiction on general economic or productivity grounds.

9.—Special Rates and Provisions. (1) In addition to the rates otherwise prescribed in

this award the following rates shall be payable to workers covered by the said award:—

(a) Insulation. A worker handling charcoal, pumice,

granulated cork, silicate of cotton, insulwool, slag wool or other recognised insulating material of a like nature or working in the immediate vicinity so as to be affected by the use thereof—27 cents per hour or part thereof.

(b) Hotwork. A worker who works in a place where the

temperature has been raised by artificial means to between 46 degrees and 54 degrees Celsius—21 cents per hour or part thereof, exceeding 54 degrees Celsius—27 cents per hour or part thereof. Where such work continues for more than two hours, the worker shall be entitled to 20 minutes rest after every two hours work without loss of pay, not including the special rate provided by this paragraph.

(c) Cold Work. A worker who works in a place where the

temperature is lowered by artificial means to less than 0 degrees Celsius—21 cents per hour.

Where such work continues for more than two hours, the worker shall be entitled to 20 minutes rest after every two hours without loss of pay, not including the special rate provided by this paragraph.

(d) Confined Space. A worker required to work in a confined

space—27 cents per hour or part thereof. ("Confined Space" means a place the

dimensions or nature of which necessitate working in a cramped position or without sufficient ventilation).

(e) Swing Scaffold. $1.50 for the first four hours or any

portion thereof, and 30 cents for each hour thereafter on any day to any worker employed—

(i) On any type of swing scaffold or any scaffold suspended by rope or cable, bosun's chair, etc.

(ii) On a suspended scaffold requiring the use of steel or iron hooks or angle irons at a height of six metres or more above the nearest horizontal plane.

Provided that an apprentice with less than two years experience shall not use a swing scaffold or bosun's chair.

And further provided that solid plasterers when working off a swing scaffold shall receive an additional eight cents per hour.

(f) Explosive Powered Tools. An operator of explosive powered tools, as

defined in this award, who is required to use an explosive powered tool—49 cents for each day on which he uses such a tool.

(g) Wet Work. A worker working in any place where

water is continually dripping on him so that clothing and boots become wet or where there is water underfoot—21 cents per hour whilst so engaged.

(h) Dirty Work. A worker engaged on unusually dirty

work—21 cents per hour. (i) Towers Allowance.

A worker working on a chimney stack, spire, tower, radio or television mast or tower, air shaft, cooling tower, water tower


or silo, where the construction exceeds 15 metres in height—21 cents per hour for all work above 15 metres with 21 cents per hour additional for work above each further 15 metres.

(j) Toxic Substances. (i) A worker required to use toxic

substances shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials.

(ii) Workers using such materials will be provided with and shall use all safeguards as are required by Clause 29.—Protection of Workers—and the appropriate Government authority or in the absence of such requirement such safeguards as are defined by a competent authority or person chosen by the union and the employer.

(iii) Workers using toxic substances or materials of a like nature—27 cents per hour. Workers working in close proximity to workers so engaged—21 cents per hour.

(iv) For the purpose of this paragraph toxic substances shall include epoxy based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of like nature.

(k) Fumes. A worker required to work in a place

where fumes of sulphur or other acid or other offensive fumes are present shall be paid such rates as are agreed upon between him and the employer; provided that, in default of agreement, the matter may be referred to a Board of Reference for the fixation of a special rate.

Any special rate so fixed shall apply from the date the employer is advised of the claim and thereafter shall be paid as and when the fume condition occurs.

(1) Asbestos. Workers required to use materials

containing asbestos or to work in close proximity to workers using such materials shall be provided with and shall use all necessary safeguards as required by the appropriate occupational health authority and where such safeguards include the mandatory wearing of protective equipment (i.e. combination overalls and breathing equipment or similar apparatus)—27 cents per hour whilst so engaged.

(m) Furnace Work. A worker engaged in the construction or

alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work—62 cents per hour. This additional rate shall be regarded as part of the wage rate for all purposes.

(n) Acid Work. A worker required to work on the

construction or repairs to acid furnaces, acid stills, acid towers and all other acid resisting brickwork—62 cents per hour. This additional rate shall be regarded as part of the wage rate for all purposes.

(o) Cleaning Down Brickwork. A worker required to clean down bricks

using acids or other corrosive substances—18 cents per hour. While so employed workers will be supplied with gloves by the employer.

(p) Bagging. Workers engaged upon bagging brick or

concrete structures—18 cents per hour, (q) Bitumen Work.

A worker handling hot bitumen or asphalt or dipping materials in creosote—27 cents per hour.

(r) Roof Repairs. Workers engaged on repairs to roofs—27

cents per hour. (s) Computing Quantities.

Workers who are regularly required to compute or estimate quantities of materials in respect to the work performed by other workers—$1.50 per day or part thereof.

Provided that this allowance shall not apply to a worker classified as a leading hand.

(t) Underground Allowance: (i) A worker required to work

underground for no more than four days or shifts in an ordinary week—90 cents a day or shift in addition to any other amount prescribed for such workers elsewhere in this award.

Provided that a worker required to work underground for more than four days or shifts in an ordinary week shall be paid an underground allowance in accordance with the provisions of subclause (8) of Clause 8.—Rates of Pay.

(ii) Where a shaft is to be sunk to a depth greater than six metres the payment of the underground allowance shall commence from the surface.

(iii) This allowance shall not be payable to workers engaged upon "pot and drive" work at a depth of 3.5 metres or less.

(u) Plumbing. (i) A plumber doing sanitary plumbing

work on repairs to sewer drainage or waste pipe services in any of the following places—

(aa) Infectious and contagious diseases hospitals or any block or portion of a hospital used for the care of or treatment of patients suffering from any infectious or contagious disease; or

(bb) Morgues; —21 cents per " hour or part thereof.

(ii) A plumber required to enter a well nine metres or more in depth for the purpose in the first place of examining the pump, pipe or any other work connected therewith—98 cents for such examination and 44 cents per hour thereafter for fixing, renewing or repairing such work.

(iii) A plumber or an apprentice to plumbing, other than one in his first or second year of apprenticeship, on work involving the opening up of house drains or waste pipes for the purpose of clearing blockages or for any other purpose or on work

involving the cleaning out of septic tanks or dry wells—a minimum of $1.20 per day.

(v) A worker who is a qualified first aid man and who is appointed by his employer to carry out first aid duties in addition to his usual duties—90 cents per day.

(w) Lifting other than standard bricks. A worker required to lift blocks (other

than cindcrete blocks for plugging purposes) shall be paid the following additional rates:—

Where the blocks weigh over 5.5 kg and under 9 kg—21 cents per hour.

Where the blocks weigh 9 kg or over and up to 18 kg—37 cents per hour.

Where the blocks weigh over 18 kg—52 cents per hour.

A worker shall not be required to lift a building block in excess of 20 kg in weight unless such worker is provided with a mechanical aid or with an assisting worker; provided that a worker shall not be required to manually lift any building block in excess of 20kg in weight to a height of more than 1.2m above the working platform. This paragraph shall not apply to workers being paid the extra rate for refractory work,

(x) Plaster or Composition Spray. A worker using a plaster or composition

spray shall be paid an additional 21 cents per hour whilst so engaged.

(y) Slushing. A worker engaged at "Slushing" shall be

paid 21 cents per hour. (z) Dry Polishing of Tiles.

Workers engaged on dry polishing of tiles (as defined) where machines are used shall be paid 27 cents per hour or part thereof,

(aa) Cutting Tiles. A worker engaged at cutting tiles by

electric saw shall be paid 27 cents per hour whilst so engaged.

(bb) Second Hand Timber. Where, whilst working with secondhand

timber, a worker's tools are damaged by nails, dumps or other foreign matter on the timber he shall be entitled to an allowance of 82 cents per day on each day upon which his tools are so damaged, provided that no allowance shall be payable under this paragraph unless it is reported immediately to the employer's representative on the job in order that he may prove the claim,

(cc) Height Work—Painting Trades. A worker working on any structure at a

height of more than nine metres where an adequate fixed support not less than .75 metres wide is not provided, shall be paid 18 cents per hour in addition to ordinary rates. This subclause shall not apply to a worker working on a bosun's chair or swinging stage.

This provision shall not apply in addition to the Towers Allowance prescribed in paragraph (i) of this subclause.

(dd) Brewery Cylinders—Painters. A painter in brewery cylinders or stout

tuns shall be allowed 15 minutes' spell in the fresh air at the end of each hour worked by him.

Such fifteen minutes shall be counted as working time and shall be paid for as such. The rate for working in brewery cylinders or stout tuns shall be at the rate of time and one half. When a worker is working overtime and is required to work in brewery cylinders

and stout tuns he shall, in addition to the overtime rates payable, be paid one half of the ordinary rate payable as provided by Clause 8.—Rates of Pay of this award.

(ee) Certificate Allowance. A tradesman who is the holder of

scaffolding certificate or rigging certificate issued by the Department of Labour and Industry and is required to act on that Certificate whilst engaged on work requiring a certificated person shall be paid an additional 9 cents per hour.

Provided that this allowance shall not be payable cumulative on the allowance for swing scaffolds.

(ff) Spray Application—Painters. A worker engaged on all spray

applications carried out in other than a properly constructed booth approved by the Department of Labour and Industry shall be paid 21 cents per hour extra.

(gg) Cutting Bricks. One bricklayer on each site to operate the

cutting machine and to be paid 27 cents per hour or part thereof whilst so engaged.

(hh) Setter Out. A setter out in a joiner's shop shall be

paid $2.22 per day in addition to the rates otherwise prescribed by this interim award but where a worker qualifies for this allowance and is appointed leading hand he shall be paid whichever amount is the higher but not both.

(ii) Detail Worker. A detail worker shall be paid $2.22 per

day in addition to the rates otherwise prescribed by this interim award but where a worker qualifies for this allowance and is appointed leading hand he shall be paid whichever amount is the higher but not both.

(jj) Spray Painting—Painters. (i) Lead paint shall not be applied by a

spray to the interior of any building and no surface painted with lead paint shall be rubbed down or scraped by a dry process.

(ii) All workers (including apprentices) applying paint by spraying shall be provided with full overalls and head covering and respirators by the employer.

(iii) Where from the nature of the paint or substance used in spraying a respirator would be of little or no practical use in preventing the absorption of fumes or materials from substances used by a worker in spray painting, the worker shall be paid a special allowance of 60 cents per day.

(kk) Width of Brushes—Painters. All brushes shall not exceed 125 mm in

width, and no kalsomine brush shall exceed 175 mm in width.

(11) Meals not to be taken in Paint Shop. No worker shall be permitted to have a

meal in any paint shop or place where paint is stored or used.

(2) Conditions respecting Special Rates:— (a) The special rates prescribed in this award

shall be "paid irrespective of the time at which work is performed and shall not be subject to any premium or penalty conditions.


(b) Where more than one of the above rates provides payments for disabilities of substantially the same nature then only the highest of such rates shall be payable.

(3) (a) Loads. Where bricks are being used the worker shall not

be required to carry:— (i) more than 40 bricks each load in a

wheelbarrow (on a scaffold) to a height of 4.5 metres from the ground.

(ii) more than 36 bricks each load in a wheelbarrow over and above a height of 4.5 metres on a scaffold.

The type of wheelbarrow shall be agreed upon with the union.

(b) (i) The employer shall supply a safety helmet for each of his workers requesting one on any job where; pursuant to the regulations made under the Construction Safety Act, 1972, a worker is required to wear such helmet.

(ii) Any helmet so supplied shall remain the property of the employer and during the time it is on issue, the worker shall be responsible for any loss or damage thereto, fair wear and tear attributable to ordinary use excepted.

(c) Attendants on Ladders. No worker shall work on a ladder at a height of

over six metres from the ground when such ladder is standing in any street, way or lane where traffic is passing to and fro, without an assistant on the ground.

(d) Electrical Sanding Machines. The use of electrical sanding machines for sanding

down paint work shall be governed by the following provisions:—

(i) The weight of each such machine shall not exceed six kilograms.

(ii) Every employer operating any such machine shall endeavour to ensure that each such machine, together with all electrical leads and associated equipment, is kept in a safe condition and shall, if requested so to do by any worker, but not more often than once in any four weeks, cause the same to be inspected under the provisions of the Electricity Act and the regulations made thereunder.

(iii) Employers shall provide and supply respirators of a suitable type, to each worker and shall maintain same in an effective and clean state at all times. Where respirators are used by more than one worker, each such respirator shall be sterilised or a new pad inserted after use by each such worker.

(iv) Employers shall also provide and supply goggles of a suitable type. Provided that goggles with celluloid lenses shall not be regarded as suitable.

(v) All workers shall use the protective equipment supplied when using electrical sanding machines of any type.

(e) Adequate precautions shall be taken by all employers for the safety of workers employed on the retaining walls of dams. Any dispute as to the adequacy of precautions taken shall be referred to the Board of Reference.

(f) The Secretary or any authorised officer of the union shall have the right to visit any job for the purpose of ascertaining whether work is being performed in accordance with the provisions of the Construction Saftey Act, 1972, and any regulations made thereunder. Should he be of the opinion that the work being carried out is not in accord with those provisions the Secretary or any authorised officer of the union shall inform the employer and the workers

concerned accordingly and may report any alleged breach of the Act of the regulations to the Chief Inspector of Construction Safety.

(g) Where the employer provides transport to and from the job the conveyance used for such transport shall be provided with suitable seating and weatherproof covering.

(h) Protective clothing for bricklayers' and their labourers engaged on construction or repair of refractory brickwork:—

(i) Gloves shall be supplied when workers are engaged on repair work and shall be replaced as required, subject to workers handing in the used gloves.

(ii) Boots shall be supplied upon request of the workers after six weeks' employment, the cost of such boots to be assessed at $20.00 and workers to accrue credit at the rate of $1.00 per week.

Workers leaving or being dismissed before 20 weeks' employment shall pay the difference between the credit accrued and the $20.00. The right to accrue credit shall commence from the date of request for the boots.

In the event of boots being supplied and the worker not wearing them while at work, the employer shall be entitled to deduct the cost of the boots if the failure to wear them continues after one warning by the employer.

Upon issue of the boots, workers may be required to sign the authority form in or to the effect of the Annexure to this clause. Boots shall be replaced each six months, dating from the first issue.

(iii) Where necessary when bricklayers are engaged on work covered by paragraphs (m) and (n) of subclause (1) of this clause overalls will be supplied upon the request of the worker and on the condition that they are worn while performing the work.

ANNEXURE. The worker claiming the supply of boots in accordance with sub-paragraph (ii) hereof may be required to sign a form giving an authority to the employer in accordance with the following:—

DEDUCTION FORM. acknowledge receipt of one (1) pair of boots provided in accordance with the provisions of paragraph (h) of subclause (3) of Clause 9.—Special Rates and Provisions of the Building Trades (Construction) Award, 1979. Should the full cost of the boots ($20.00) not be met by accumulation of credit (at the rate of $1.00 per week) from I authorise deduction from any moneys due to me by my employer of an amount necessary to meet the difference between the credit accrued and $20.00.

Signed Dated

(4) Any dispute which may arise between the parties in relation to the application of any of the foregoing special rates and provisions may be determined by the Board of Reference.

522 , 1980.

10.—Multi-Storey Allowance. (1) Eligibility. A multi-storey allowance shall be paid to all

workers on site engaged in the construction of a multi-storey building as defined herein, to compensate for the disabilities experienced in, and which are peculiar to the construction of a multi- storey building.

(2) Definition of Multi-Storey Building. For the purposes of this award, a multi-storey

building is a building which will, when complete, consist of five or more storey levels.

For the purposes of this Clause, a storey level means structurally completed floor, walls, pillars or columns, and ceiling (not being false ceilings) of a building, and shall include basement levels and mezzanine or similar levels (but excluding "half floors" such as toilet blocks or store rooms located between floors).

(3) Rates for Buildings which Commenced on or after 18th January, 1980.

Except as provided for in subclause (4) of this clause, an allowance in accordance with the following table shall be paid to all workers on the building site. The second and subsequent allowance scales shall, where applicable, commence to apply to all workers when one of the following components of the building—structural steel, re-inforcing steel, boxing or walls, rises above the floor level first designated in each such allowance scale.

"Floor Level" means that stage of construction which in the completed building would constitute the walking surface of the particular floor level referred to in the table of payments. From commencement of Building to Fifteenth Floor

Level—15 cents per hour extra; From Sixteenth Floor Level to Thirtieth Floor

Level—20 cents per hour extra; From Thirty-first Floor Level to Forty-fifth Floor

Level—30 cents per hour extra; From Forty-sixth Floor Level to Sixtieth Floor

Level—40 cents per hour extra; From Sixty-first Floor Level Onwards—50 cents per

hour extra. The allowance payable at the highest point of the

building shall continue until completion of the building.

(4) Service Cores. (a) All workers employed on a Service Core at more

than 15 metres above the highest point of the main structure shall be paid the Multi-Storey rate appropriate for the main structure plus the allowance prescribed in paragraph (i) Towers Allowance of subclause (1) of Clause 9.—Special Rates and Provisions calculated from the highest point reached by the main structure to the highest point reached by the Service Core in any one day period, (i.e. For this purpose the highest point of the main structure shall be regarded as though it were the ground in calculating the appropriate Towers Allowance).

Workers employed on a Service Core no higher than 15 metres above the main structure shall be paid in accordance with the Multi-Storey Allowance prescribed herein.

(b) Provided that any section of a Service Core exceeding 15 metres above the highest point of the main structure shall be disregarded for the purpose of calculating the Multi-Storey Allowance applicable to the main structure.

(5) Buildings under Construction before 18th January, 1980.

Notwithstanding the above provisions, where a Multi-Storey building was under construction before 18th January, 1980 the following shall apply in lieu of the provisions of subclause (3) of this clause.

(a) Commencing Point of Allowance:— Except as provided for in subclause

(4)—Service Core of this clause: A Multi-Storey Allowance in accordance

with the table set out below shall be payable to all workers engaged on construction on- site when one of the following components of the building— Structural steel, Re-inforcing steel, Boxing or walls— rises above the fourth floor level. Such payment shall be increased to the appropriate amounts as shown in the table when the structural steel, re-inforcing steel, boxing or walls reach such designated level.

The commencing point of measurement shall be the lowest main floor level (including basement floor levels but excluding lift wells and shafts of the building).

"Floor Level" means that stage of construction which, in the completed building would constitute the walking surface of the particular floor level referred to in the table of payments.

(b) Rates:— From the Fourth Floor Level to the Tenth

Floor Level—17 cents per hour extra; From the Eleventh Floor Level to the

Fifteenth Floor Level—21 cents per hour extra;

From the Sixteenth Floor Level to the Twentieth Floor Level—26 cents per hour extra;

From the Twenty-first Floor Level to the Twenty-fifth Floor Level—30 cents per hour extra;

From the Twenty-sixth Floor Level to the Thirtieth Floor Level—37 cents per hour extra;

From the Thirty-first Floor Level to the Fortieth Floor Level—40 cents per hour extra;

From the Forty-first Floor Level to the Fiftieth Floor Level—46 cents per hour extra;

From the Fifty-first Floor Level to the Sixtieth Floor Level—51 cents per hour extra;

From the Sixty-first Floor Level Onwards—56 cents per hour extra.

(c) Completion Point of Allowance. Payment of the allowance shall cease

when the walls are completed and the workers are working under cover and the lifts or passenger/material hoists are available to workers.

Provided that the exclusion of odd wall panels, sections or windows for the purposes of entrance or exit of materials or the anchoring of cranes, external lifting devices or scaffolding shall not prevent the walls of a building being defined as completed.

11.—Mixed Functions. A worker engaged for more than two hours during

one day on duties carrying a higher rate than his ordinary classification shall be paid the higher rate for such day. If for two hours or less during one day he shall be paid the higher rate for the time so worked.

12A.—Compensation for Travel Patterns, Mobility Requirements of Workers and the Nature of

Employment in the Construction Work Covered by this Award.

(1) Metropolitan Radial Areas. The following fares allowance shall be paid to

workers employed under the terms and conditions of this award for travel patterns and costs peculiar to

23rd April, 1980. J WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 523

the industry which include mobility requirements of workers and the nature of employment on construction work.

(2) Perth Metropolitan Radial Area. When employed on work located within a radius of

50 kilometres from the G.P.O. Perth—$3.90 per day. (3) Other Radial Areas. The allowance defined in subclause (2) of this

clause shall be paid for work performed by workers employed on distant work as defined in Clause 22.—Living Away From Home—Distant Work when the work is carried out away from the place where, with the employer's approval, the worker is accommodated for the distant work, and is within a radius of 50 km from the place of accommodation.

(4) Country Radial Areas. An employer whose business or branch or section

thereof is established in any place (other than on a construction site) outside the area mentioned in subclause (2) of this clause for the purpose of engaging in construction work therefrom shall in respect to workers engaged for work for that establishment, pay the allowance therein mentioned for work located within a radius of 50 kilometres from the post office nearest the establishment.

Where the employer has an establishment in more than one such place the establishment nearest the worker's nominated residence shall be the establishment that shall be taken into account, and workers shall be entitled to the provisions of subclause (5) of this clause when travelling to a job outside the radial area of the establishment nearest his residence.

(5) Travelling Outside Radial Areas. Where a worker travels daily from inside any radial

area mentioned in subclauses (2), (3) or (4) of this clause to a job outside that area, he shall be paid:—

(a) the allowance prescribed in subclause (2) of this clause.

(b) in respect of travel from the designated radius to the job and return to that radius:—

(i) the time outside ordinary working hours reasonably spent in such travel calculated at ordinary hourly 'on site' rates to the next quarter of an hour with a minimum payment of one half an hour per day for each return journey;

(ii) any expenses necessarily and reasonably incurred in such travel, which shall be 10 cents per kilometre where the worker uses his own vehicle.

(6) Residing Outside Radial Areas. A worker whose residence is outside the radial

areas prescribed in subclauses (2), (3) or (4) of this clause shall be entitled to the allowance prescribed in subclause (2) of this clause but not to the provisions of paragraph (b) of subclause (5) of this clause.

(7) Continuation of Practice of Existing Jobs: Particular projects under construction at 1st

September, 1979 shall have the fares and travelling arrangements operating at that time continue through to completion of the project.

(8) Travelling Between Radial Areas. The provisions of subclause (5) of this clause shall

apply to a worker who is required by the employer to travel daily from one of the areas mentioned in subclauses (2) and (4) of this clause to an area, or another area, mentioned in subclauses (2) and (4) of this clause.

(9) Provision of Transport. The allowance prescribed in this clause, except the

additional payment prescribed in paragraph (b) of subclause (5) and in subclause (8) of this clause shall not be payable on any day which the employer

provides or offers to provide transport free of charge from the worker's home to his place of work and return; provided that any transport supplied is equipped with suitable seating accommodation and is covered when necessary so as to be weatherproof.

(10) Work in Fabricating Yard. When a worker is required to perform

prefabricated work in an open yard and is then required to erect or fix on site, the provisions of this clause shall apply.

(11) Requirement to Transfer. As required by the employer, workers shall start

and cease work on the job at the usual commencing and finishing times within which ordinary hours may be worked and shall transfer from site to site as directed by the employer.

(12) Transfer During Working Hours. A worker transferred from one site to another

during working hours shall be paid for the time occupied in travelling and, unless transported by the employer, shall be paid reasonable cost of fares by most convenient public transport between such sites.

Where an employer requests a worker to use his own car to effect such a transfer and the worker agrees to do so the worker shall be paid an allowance at the rate of 20 cents per kilometre.

(13) Daily Entitlement. The travelling allowances prescribed in this clause

shall not be taken into account in calculating overtime, penalty rates, annual or sick leave, but shall be payable for any day upon which the worker in accordance with the employer's requirements works or reports for work or allocation of work.

(14) Continuation of Practice. The provisions of subclauses (2), (3) and (4) of this

clause shall continue to apply to workers working at any workshop, yard or depot (either presently or future existing) in the same manner as applied prior to 1st September, 1979.

(15) Apprentices. An apprentice's entitlement to allowances

prescribed under subclauses (2), (3) or (4) of this clause herein shall be in accordance with the following scale:— On first year rate—75 per cent of amount prescribed. On second year rate—85 per cent of amount

prescribed. On third year rate—90 per cent of amount

prescribed. On fourth year rate—95 per cent of amount

prescribed. The foregoing amounts shall be calculated to the

nearest five cents, two cents and less to be disregarded. 12B.—Fares and Travelling Time—Plumbers Only. The provisions of this clause shall apply to

plumbers and apprentice plumbers in lieu of the provisions of clause 12A.

When required by the employer, plumbers and apprentice plumbers shall start and/or cease work on the job site at the usual commencing and finishing times within which ordinary hours may be worked and shall be paid the following allowances:—

(1) Travel in own time and/or from work site. A worker who is required to travel in his own time

to or from the work site within the defined radius from the respective centre (as defined) shall receive an allowance of one quarter of an hour per day calculated at ordinary time rates travelling time in addition to the amount of fares as defined for each day on which he presents himself for work on the job. However, where the employer provides or offers to provide transport with suitable seating accommodation free of charge from an agreed picking up place to his place of work the fares shall not be payable.

[23rd April, 1980.

(2) Travel beyond defined radius. When working on jobs beyond the defined radius

from the centre (as defined) the fares as defined and one quarter of an hour travelling time plus an allowance for travelling time calculated at the ordinary time rate of pay for the time required to travel to the job site and back from and to the defined radius and calculated at a speed not exceeding the legal speed limit and with a minimum payment of a quarter of an hour for each such journey. 'Where a worker provides his own transport, an additional allowance of 10 cents per kilometre shall be payable for the distance involved in travelling beyond the defined radius and return thereto, which shall compensate for any fares incurred by public transport.

(3) Transport during working hours. Where a worker is required by an employer to

travel to any other job site during the course of his daily engagement he shall be paid all fares necessarily incurred except where transport is provided by the employer to and from such site, and all time spent in such travel shall be regarded as time worked.

Provided that where an employer requests a worker to use this own car to effect such a transfer and such worker agrees to do so the worker shall be paid an allowance at the rate of 20 cents per kilometre.

(4) Commencing and finishing at workshop. In the case of a worker who is normally required to

report for and finish work at his employer's workshop and is transported to and from any job by his employer no allowance shall be paid.

(5) Definitions. (a) Radius and Fares—The radius shall be 50

kilometres and the fares shall be $2.50 per day. (b) Centre for Employment:—

(i) The employer's normal base establishment or workshop; or

(ii) The G.P.O. Perth for all employers whose base establishment or workshop is within the defined radius from the said G.P.O.; or

(iii) The local Post Office closest to the employer's establishment or workshop beyond the defined radius of the G.P.O. Perth.

(iv) In the case of a worker sent to distant work (as defined) the place at which such worker is domiciled with the approval of their employer, for that distant work.

(v) An employer having selected (i), (ii) or (iii) hereof as the centre shall not change that centre without one month's prior notice to each worker.

13.—Hours. (1) Except as provided elsewhere in this award the

ordinary working hours shall be 40 per week to be worked in five days of eight hours each on Monday to Friday, inclusive, between the hours of 7.30 a.m. and 5.00 p.m. There shall be a cessation of work and of working time for the purpose of a meal on each day of not less than 45 minutes or such lesser period not being less than 30 minutes as may be agreed upon by the employer, his workers and the union.

(2) Provided that by agreement between the employer, his workers and the union the working day may begin at 6.00 a.m. or at any other time between that hour and 8.00 a.m. and the working time shall then begin to run from the time so fixed with a consequential adjustment to the meal cessation period.

14.—Rest Periods and Crib Time. (1) A worker who has worked continuously (except

for meal or crib times allowed by this award) for 20 hours shall not be required to continue at or recommence work for at least 12 hours.

(2) There shall be allowed, without deduction of pay, a rest period of 10 minutes between 9.00 a.m. and 11.00 a.m.

(3) When a worker is required to work overtime after the usual ceasing time for the day or shift for two hours or more, he shall be allowed to take, without deduction of pay, a crib time of 20 minutes in duration immediately after such ceasing time and thereafter, after each four hours of continuous work, he shall be allowed to take also, without deduction of pay, a crib time of 30 minutes in duration. In the event of a worker remaining at work after the usual ceasing time without taking the crib time of 20 minutes and continuing at work for a period of two hours or more, he shall be regarded as having worked 20 minutes more than the time worked and be paid accordingly.

(4) Where shift work comprises three continuous and consecutive shifts of eight hours each per day, a crib time of 20 minutes in duration shall be allowed without deduction of pay in each shift, such crib time being in lieu of any other rest period or cessation of work elsewhere prescribed by this award.

(5) The provisions of subclauses (2), (3) and (4) of this clause shall not be applicable to the case of a worker who is allowed the rest periods prescribed in paragraphs (b) and (c) of subclause (1) of Clause 9.—Special Rates and Provisions.

15.—Overtime and Special Rates. (1) All time worked beyond the ordinary time or

work, as prescribed in Clause 13.—Hours of this award shall be paid for at the rate of one and a half times ordinary rates for the first two hours thereof and at double time thereafter.

(2) A worker recalled to work overtime after leaving his employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of three hours work at the appropriate rates for each time he is so recalled; provided that, except in the case of unforseen circumstances arising, the worker shall not be required to work the full three hours if the job he was recalled to perform is completed within a shorter period.

This subclause shall not apply in cases where it is customary for a worker to return to his employer's premises to perform a specific job outside his ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

(3) If an employer requires a worker to work during the time prescribed by Clause 13.—Hours of this award for cessation of work for the purpose of a meal, he shall allow the worker whatever time is necessary to make up the prescribed time of cessation, and the worker shall be paid at the rate of double time for the period worked between the prescribed time of cessation and the beginning of the time allowed in substitution for the prescribed cessation time; provided however, that the employer shall not be bound to pay in addition for the time allowed in substitution for the cessation time; and provided also that if the cessation time is shortened at the request of the worker to the minimum of 30 minutes prescribed in Clause 13.—Hours of this award or to any other extent (not being less than 30 minutes) the employer shall not be required to pay more than the ordinary rates of pay for the time worked as a result of such shortening, but such time shall form part of the ordinary working time of the day.


(4) No apprentice under the age of 18 years shall be required to work overtime or shift work unless he so desires. No apprentice shall, except in an emergency, work or be required to work overtime or shift work at times which would prevent his attendance at Technical School, as required by any statue, award or regulation applicable to him.

(5) When a worker, after having worked overtime and/or a shift for which he has not been regularly rostered, finishes work at a time when reasonable means of transport are not available the employer shall provide him with conveyance to his home or to the nearest public transport.

(6) A worker who works so much overtime:— (a) (i) between the termination of his ordinary

work day or shift and the commencement of his ordinary work in the next day or shift, that he has not at least 10 consecutive hours off duty between these times;

(ii) or on Saturdays, Sundays and holidays, not being ordinary working days or on a rostered day off, without having had 10 consecutive hours off duty in the 24 hours preceding his ordinary commencing time on his next ordinary day or shift, shall, subject to this subclause be released after completion of such overtime until he has had 10 hours off duty without loss of pay for ordinary working time occuring during such absence.

(b) If, on the instructions of his employer, such worker resumes or continues to work without having had such 10 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 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c) The provisions of this subclause shall apply in the case of shift workers as if eight hours were substitued for 10 hours when overtime is worked:—

fi) for the purpose of changing shift rosters; or

(ii) where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or

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

16.—Weekend Work. (1) Overtime work on Saturday shall be paid for at

the rate of time and a half for the first two hours and double time thereafter, provided that all overtime worked after 12 noon on Saturday shall be paid for at the rate of double time.

(2) All time worked on Sundays shall be paid for at the rate of double time.

(3) A worker required to work overtime on a Saturday or to work on a Sunday shall be afforded at least three hours work on a Saturday or four hours work on a Sunday or shall be paid for three hours on a Saturday or four hours on a Sunday at the appropriate rate.

(4) A worker working overtime on Saturday, or working oh a Sunday, shall be allowed, without deduction of pay, a rest period of 10 minutes between 9.00 and 11.00 a.m.

(5) A worker working overtime on a Saturday, or working on a Sunday, shall be allowed a paid crib time of 20 minutes after four hours work, to be paid for at the ordinary rate of pay but this provision shall not prevent any arrangements being made for the taking of a 30 minute meal period, the time in additon to the paid 20 minutes being without pay.

In the event of a worker being required to work in excess of a further four hours, he shall be allowed to take a paid crib time of 30 minutes which shall be paid at the ordinary rate of pay.

17.—Holidays and Holiday Work. (1) A worker other than a casual worker shall be

entitled to the following holidays without deduction of pay. Provided that if any other day be by a State Act of Parliament or State Proclamation substituted for any of the said holidays, the day so substituted shall be observed. Provided further that when any of the days mentioned in this subclause falls on a Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday, provided that when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday.

New Years Day. Australia Day. Good Friday. Easter Monday. Anzac Day. Labour Day. Foundation Day. Union Picnic Day. Christmas Day. Boxing Day.

"Union Picnic Day" shall be observed on the day also observed as "Sovereign's Birthday".

(2) By agreement between any employer and the unions, other days may be substituted for the said days or any of them as to such employers undertaking.

(3) Where an additional or substitute holiday is proclaimed by Order in Council or otherwise gazetted by authority of the Australian or State Government under any Act throughout the State or part thereof, such day shall within the defined locality, be deemed to be a holiday for the purposes of this award; provided that a worker shall not be entitled to the benefit of more than one holiday upon such occasion.

(4) All work performed on any of the holidays prescribed in this clause or substituted in lieu thereof, shall be paid for at the rate of double time and a half.

(5) The provisions of subclauses (2), (3), (4), (5) and (6) of Clause 15.—Overtime and Special Rates shall apply in respect of work on a holiday.

(6) A worker required to work on a holiday shall be afforded at least four hours work or paid for four hours at the appropriate rate.

(7) Provided that:— (a) An employer who terminates the

employment of a worker except for reasons of misconduct or incompetency (proof of which shall lie upon the employer) shall pay the worker a day's ordinary wages for each holiday prescribed in subclause (1) of this clause or each holiday in a group as prescribed in paragraph (b) hereof which falls within 10 consecutive days after the day of termination.

(b) Where any two or more of the holidays prescribed in this award occur within a seven day span, such holidays shall for the purpose of this award be a group of holidays. If the first day of the group of holidays falls within 10 consecutive days after termination, the whole group shall be deemed to fall within the 10 consecutive days.

Christmas Day, Boxing Day and New Year's Day shall be regarded as a group.

(c) No worker shall be entitled to receive payment from more than one employer in respect of the same public holiday or group of holidays.

(d) The worker has worked as required by his employer the working day immediately before and the working day immediately after such a holiday or is absent with the permission of his employer or is absent with reasonable causes. Absence arising by termination of employment by the worker shall not be reasonable cause.

18.—Easter Saturday. (1) All work performed on the day after Good

Friday shall be paid for at the rate of double time and a half.

(2) A worker required to work on the Saturday following Good Friday shall be afforded at least four hours work or paid for four hours at the appropriate rate.

19.—Shift Work. Where it is necessary that work is performed in

shifts the following conditions shall apply:— (1) For the purpose of this clause "afternoon

shift" means a shift finishing after 6.00 p.m. and at or before 11.00 p.m., "night shift" means a shift finishing after 11.00 p.m. and at or before 7.00 p.m.

(2) Other than for work on a Saturday, Sunday or a holiday, the rate of pay for afternoon or night shift shall be time and a half provided that the worker is employed continuously for five shifts Monday to Friday in any week. The observance of a holiday in any week shall not be regarded as a break in continuity for the purpose of this subclause.

(3) A worker who is employed for less than five consecutive shifts Monday to Friday shall be paid for each day he works afternoon or night shift at the rate of time and a half for the first two hours and double time thereafter provided that when a job finishes after proceeding on shift work for more than one week, or the worker terminates his services during the week, he shall be paid at the rate specified in sub-clause (2) of this clause for the time actually worked.

(4) (a) The ordinary hours of both afternoon and night shifts shall be eight hours daily inclusive of meal breaks. Provided that where shift work comprises three continuous and consecutive shifts of eight hours each per day, a crib time of 20 minutes in duration shall be allowed without deduction of pay in each shift, such crib time being in lieu of any other rest period or cessation of work elsewhere prescribed by this award',

(b) For the purpose of this clause a worker shall not be required to work for more than five hours without a meal break.

(5) A worker shall be given at least 48 hours notice of a requirement to work shift work.

(6) The hours for shift workers when fixed, shall not be altered except for breakdowns or other causes beyond the control of the

employer, provided that notice of such alteration shall be given to the worker not later than ceasing time of the previous shift.

(7) For all work performed on a Saturday, Sunday or holiday the provisions of Clause 15.—Overtime and Special Rates, Clause 16.—Weekend Work and Clause 17.—Holidays and Holiday Work shall be applicable in lieu of the rates prescribed in this clause.

(8) Work in excess of shift hours, Monday to Friday, other than holidays, shall be paid for at double time, provided that these rates shall be based in each case on ordinary rates.

(9) Shift work hours shall be worked between Monday to Friday inclusive provided that an ordinary night shift commencing before, and extending beyond midnight Friday, shall be regarded as a Friday shift.

(10) Notwithstanding the foregoing provisions workers of contractors and sub-contractors on civil engineering undertakings shall work shift work in accordance with the provisions of the following award as varied where it applies:—

The Australian Workers' Union Construction and Maintenance Consolidated Award, 1969 to 1974.

20.—Inclement Weather. (1) Definition—Inclement Weather. "Inclement Weather" shall mean the existence of

rain or abnormal climatic conditions (whether they be those of hail, snow, cold, high wind, severe dust storm, extreme of high temperature or the like or any combination thereof) by virtue of which it is either not reasonable or not safe for workmen exposed thereto to continue working whilst the same prevail.

(2) Conference Requirement and Procedure. The employer, or his representative, shall, when

requested by the workers or a representative of the workers, confer (within a reasonable period of time which should not exceed 30 minutes) for the purposes of determining whether or not conditions are inclement. Weather shall not be regarded as inclement unless it is agreed at such conference.

Provided that if the employer or his representative refuses to confer within such reasonable period, workers shall be entitled to cease work for the rest of the day and be paid inclement weather.

(3) Restrictions on Payments. A worker shall not be entitled to payment for

inclement weather as provided for in this clause unless he remains on the job until the provisions set out in this clause have been observed.

(4) Entitlement to Payment. A worker shall be entitled to payment by his

employer for ordinary time lost through inclement weather for up to 32 hours in every period of four weeks.

For the purpose of this subclause the following conditions shall apply:—

(a) The first period shall be deemed to commence on the 7th January, 1980 and subsequent periods shall commence at four weekly periods thereafter.

(b) A worker shall be credited with 32 hours at the commencement of each four weekly period.

(c) The number of hours at the credit of any worker at any time shall not exceed 32 hours.

(d) If a worker commences employment during a four weekly period he shall be credited 32 hours where he commences on any working


day within the first week; 24 hours where he commences on any working day within the second week; 16 hours where he commences on any working day within the third week; and eight hours where he commences on any working day within the fourth week.

(e) No worker shall be entitled to receive more than 32 hours inclement weather payment in any period of four weeks.

(f) The number of hours credited to any worker under this clause shall be reduced by the number of hours for which payment is made in respect of lost time through inclement weather.

(g) Payment under this clause shall be weekly. (5) Transfers. (a) Workers may be transferred from one location

on a site where it is unreasonable to work due to inclement weather, to work at another location on the same site which is not affected by inclement weather subject to the following:—

(i) No worker shall be transferred to an area not affected by inclement weather unless there is work available in his trade.

(ii) Workers may be transferred from one location on a site to work in areas which are not affected by conditions of inclement weather even though there may not be work for all workers in such areas.

(b) No worker shall be transferred during inclement weather from one site to another, except where such transfer is effected within four hours of the usual starting time and the employer provides, where necessary, transport. Provided that transfers of workers engaged on single houses within Estate Housing projects, may be effected at any time during working hours.

(6) Completion of Concrete Pours and Emergency Work.

(a) Except as provided in this subclause a worker shall not work or be required to work in the rain.

(b) Workers shall not be required to start a concrete pour in inclement weather.

(c) Where a concrete pour has been commenced prior to the commencement of a period of inclement weather workers may be required to complete such concrete pour to a practical stage and for such work shall be paid at the rate of double time calculated to the next hour, and in the case of wet weather shall be provided with adequate wet weather gear.

If a worker's clothes become wet as a result of working in the rain during a concrete pour he shall, unless he has a change of dry working clothes available, be allowed to go home without loss of pay.

(d) The provision of paragraph (c) of this subclause shall also apply in the case of emergency work where the workers concerned and their delegate agree that the work is of an emergency nature and can start and/or proceed.

(7) Cessation and Resumption of Work. (a) At the time workers cease work due to

inclement weather the employer or his representative on site and the workers' representative shall agree and note the time of cessation of work.

(b) After the period of inclement weather has clearly ended the workers shall resume work and the time shall be similarly agreed and noted.

(c) Safety. Where a worker is prevented from working at his

particular function as a result of unsafe conditions caused by inclement weather, he may be transferred to other work in his trade on site, until the unsafe conditions are rectified. Where such alternative work is not available and until the unsafe conditions are rectified, the worker shall remain on site. He shall be paid for such time without reduction of his inclement weather entitlement.

(8) Additional Wet Weather Procedure. (a) Remaining on Site:— Where, because of wet weather, the workers are

prevented from working:— (i) for more than an accumulated total of four

hours of ordinary time in any one day; or (ii) after the meal break, as provided in Clause

13, for more than an accumulated total of 50 per cent of the normal afternoon work time; or

(iii) during the final two hours of the normal work day for more than an accumulated total of one hour,

the employer shall not be entitled to require the workers to remain on site beyond the expiration of any of the above circumstances.

Provided that where, by agreement between the employer and/or his representative and the workers' representative the men remain on site beyond the periods specified above, any such additional wet time shall be paid for but shall not be debited against the workers'nours.

Provided further that wet time occurring during overtime shall not be taken into account for the purposes of this subclause.

(b) Rain at Starting Time. Where the workers are in the sheds, because they

have been rained off, or at starting time, morning tea, or lunch time, and it is raining, they shall not be required to go to work in a dry area unless:—

(i) the rain stops; or (ii) a covered walk-way has been provided; or

(iii) the sheds are under cover and the workers can get to the dry area without going through the rain; or

(iv) adequate protection is provided. Protection shall, where necessary, be provided for the worker's tools.

For the purposes of the clause, a "dry area" shall mean a work location that has not become saturated by rain or where water would not drip on the workers.

(9) Non Reduction. Nothing in this clause shall prejudice any

inclement weather agreement on any project under construction where the conditions are more favourable to the workers.

21.—Meal Allowance. A worker required to work overtime in excess of

one and one half hours after working ordinary hours shall be paid by his employer an amount of $2.50 to meet the cost of a meal.

Provided that this clause shall not apply to a worker who is provided with reasonable board and lodging or who is receiving a distant work allowance in lieu thereof as provided for in paragraph (a) of subclause (2) of Clause 22.—Living Away From Home—Distant Work and is provided with a suitable meal.

22.—Living Away From Home—Distant Work. (1) Qualification. A worker shall be entitled to the provisions of this

clause when employed on a job or construction work at such a distance from his usual place of residence that he cannot reasonably return to that place each night.

(2) Worker's Address. (a) The employer shall obtain and the applicant

shall provide the employer with a statement in writing of his usual place of residence at the time the worker is engaged and no subsequent change of address shall entitle a worker to the provisions of this clause unless the employer agrees.

~E. [23rd April, 1980.

(b) The worker shall inform his employer in writing of any subsequent change in his usual place of residence.

(c) The address of the worker's usual place of residence and not the place of engagement shall determine the application of this clause.

(3) Entitlement. Where a worker qualifies under subclause (1) of

this clause the employer shall either:— (a) provide the worker with reasonable board

and lodging; or (b) pay an allowance of $98.00 per week of seven

days but such allowance shall not be wages. In the case of broken parts of the week occurring at the beginning or the ending of the employment on a distant job the allowance shall be $14.00 per day.

Provided that the foregoing allowances shall be increased if the worker satisfies the employer that he reasonably incurred a greater outlay than that prescribed. In the event of disagreement the matter may be referred to a Board of Reference for determination; or

(c) in circumstances prescribed in subclause (7) of this clause, provide camp accommodation and messing constructed and maintained in accordance with subclause (10) of this clause.

"Reasonable board and lodging" shall mean lodging in a well kept establishment with three adequate meals each day, adequate furnishings, good bedding, good floor coverings, good lighting and heating and with hot and cold running water, in either a single room or a twin room if a single room is not available.

(4) Travelling Expenses. A worker who is sent by his employer or selected or

engaged by an employer or agent to go to a job which qualifies him to the provision of this clause shall not be entitled to any of the allowances prescribed by clauses 12A or 12B of this award for the period occupied in travelling from his usual place of residence to the distant job, but in lieu thereof shall be paid:

(a) Forward Journey:— (i) For the time spent in so travelling, at

ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities).

(ii) For the amount of a fare on the most common method of public transport to the job (bus; economy air; second class rail with sleeping berths if necessary, which may require a first class rail fare), and any excess payment due to transporting his tools if such is incurred.

(iii) For any meals incurred while travelling at $2.50 per meal.

Provided that the employer may deduct the cost of the forward journey fare from a worker who terminates or discontinues his employment within two weeks of commencing on the job and who does not forthwith return to his place of engagement.

(b) Return Journey. A worker shall, for the return journey, receive the

same time, fares and meal payments as provided in paragraph (a) of this subclause together with an amount of $4.70 to cover the cost of transporting himself and his tools from the main public transport terminal to his usual place of residence.

Provided that the above return journey payments shall not be paid if the worker terminates or discontinues his employment within two months of

commencing on the job, or if he is dismissed for incompetence within one working week of commencing on the job, or is dismissed for misconduct.

(c) Departure Point. For the purposes of this clause, travelling time

shall be calculated as the time taken for the journey from the Central or Regional rail, bus or air terminal nearest the worker's usual place of residence to the locality of the work.

(5) Daily Fares Allowance. A worker engaged on a job which qualifies him to

the provisions of this clause and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) shall be paid the allowance prescribed by clauses 12A or 12B of this award.

(6) Weekend Return Home. (a) A worker who works as required during the

ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or his representative, no later than Tuesday of each week, of his intention to return to his usual place of residence at the weekend and who returns to his usual place of residence for the weekend, shall be paid an allowance of $7.90 for each occasion.

(b) Paragraph (a) of this subclause shall not apply to a worker who is receiving the payment prescribed in subclause (3) of this clause in lieu of board and lodging being provided by the employer or who is receiving a camping allowance as prescribed in paragraph (b) of subclause (7) of this clause.

(c) When a worker returns to his usual place of residence for a weekend or part of a weekend and does not absent himself from the job for any of the ordinary working hours, no reduction of the allowance prescribed in paragraph (b) of subclause (3) of this clause shall be made.

(7) Construction Camps. (a) Camp Accommodation. Where a worker is engaged on the construction of

projects which are located in areas where suitable board and lodging as defined in subclause (3) of this clause is not available, or where the size of the work force is in excess of the available accommodation or where continuous concrete pour requirements of the project or the working shifts necessitate camp accommodation and where, because of these circumstances, it is necessary to house=the workers in a camp, such camp shall be constructed and maintained in accordance with subclause (10) of this clause.

(b) Camping Allowance. A worker living in a construction camp where free

messing is not provided shall receive a camping allowance of $21.70 for every complete week he is available for work. If required to be in camp for less than a complete week he shall be paid $3.10 per day including any Saturday or Sunday if he is in camp and available for work on the working days immediately preceding and succeeding each Saturday and Sunday. If a worker is absent without the enployer's approval on any day, the allowance shall not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance shall not be payable for the Saturday and Sunday.

(c) Camp Meal Charges. Where a charge is made for meals in a construction

camp, such charge shall be fixed by agreement between the parties.

23rd April, 1980.J WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(8) Rest and Recreation. (a) Rail or Road Travel. A worker who proceeds to a job which qualifies him

to the provisions of this clause, may, after two months continuous sevice theron and thereafter at three monthly periods of continuous sevice thereon, return to his usual place of residence at the weekend. If he does so, he shall be paid the amount of a bus or second class return railway fare to the bus or railway station nearest his usual place of residence on the pay day which immediately follows the date on which he returns to the job; provided no delay not agreed to by the employer takes place in connection with the worker's commencement of work on the morning of the working day following the weekend.

Provided, however, that if the work upon which the worker is engaged will terminate in the ordinary course within a further 28 days after the expiration of any such period of two or three months as hereinbefore mentioned, then the provisions of this paragraph shall not be applicable.

(b) Air Travel. (i) Notwithstanding any other provisions

contained in paragraph (a) of this subclause and in lieu of such provisions, the following conditions shall apply to a worker who qualifies under subclause (1) of this clause and where such construction work is located north of 26th parallel of south latitude or in any other area to which air transport is the only practicable means of travel, a worker may return home after four months continuous service and shall in such circumstances be entitled to two days leave with pay in addition to the weekend.

Thereafter the worker may return to his usual place of residence after each further period of four months continuous service, and in each case he shall be entitled to two days leave of which one day shall be paid leave.

Payment for leave and reimbursement for any economy air fare paid by the worker shall be made at the completion of the first pay period commencing after the date of return to the job.

Provided, however, that if the work upon which the worker is engaged will terminate in the ordinary course within a further 28 days after the expiration of any such period of four months as hereinbefore mentioned, then the provisions of this paragraph shall not be applicable.

(ii) Workers shall be entitled in accordance with this subclause to travel to their usual place of residence, or Perth whichever is the closest to the job and return provided that reimbursement of air fare in no case shall exceed the economy air fare from the job to Perth and return; unless a worker has been sent by his employer, or selected or engaged by the employer or agent, to go to such job from a place which is a greater distance from the job than Perth and the worker returns to that place, in which event reimbursement shall include the return air fare for the greater distance.

(c) Limitation of Entitlement. A worker shall be entitled to the provisions of

either paragraph (a) or paragraph (b) herein and such option shall be established by agreement as soon as practicable after commencing on distant work. The entitlement shall be availed of as soon as reasonably practical after it becomes due and shall lapse after a period of two months provided that the worker has been notified in writing by the employer in the week prior to such entitlement becoming due of the date of entitlement and that such entitlement

will lapse if not taken before the appropriate date two months later. (Proof of such written notice shall lie with the employer).

(d) Service Requirements. For the purpose of this subclause service shall be

deemed to be continuous notwithstanding a worker's absence from work as prescribed in this clause or as prescribed in subclause (6) of Clause 23.—Annual Leave.

(e) Variable Return Home. In special circumstances, and by agreement with

the employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the worker's accrual entitlements.

(f) Non Payment in Lieu. Payment of fares and leave with pay as provided

for in this subclause shall not be made unless availed of by the worker.

(9) Termination. A worker shall be entitled to notice of termination

in sufficient time to arrange suitable transport at termination or shall be paid as if employed up to the end of the ordinary working day before transport is available.

(10) Construction Camp Standards. (a) Construction camps, as referred to in subclause

(5) of this clause shall comply with the following standards:—

(i) The camp shall provide for accommodation in single rooms, of dimensions not less than 14 cubic metres per man and shall have a timber, aluminium or similar floor with floor covering provided. Each room shall be furnished with reasonable sleeping accommodation including a mattress, pillow and blankets together with a table or reasonable substitute therefor, a seat and a wardrobe for each person.

(ii) Each room shall be fitted with a door and moveable window of reasonable dimensions fitted with a gauze screen. Each room shall be ceiled and lined. Good artificial lighting shall be provided in each room.

(iii) Except where corridor type barracks are provided a verandah shall be constructed in front of each room. Where reasonably required, provisions shall be made for the heating of rooms or cooling by fan.

(iv) Provision shall be made in the camp for reasonable washing facilities including hot and cold showers. Reasonable provisions shall be made for the washing of clothes. Toilets shall be adequate and sewered where possible, situated within reasonable distance from the living quarters, access to which shall be by properly lighted paths.

Provision shall be made for the effluent from the kitchen, laundry and showers to be carried away in closed pipes and dispersed in such a way as to avoid any risk to health. In any such camp messing shall be made available by the employer with provisions for a choice of meals.

(b) Where construction camp accommodation is not provided and the employer provides caravan accommodation the employer and the unions shall confer as to reasonable standards for such accommodation. In the absence of agreement being reached the matter shall be referred to the Western Australian Industrial Commission.

23.—Annual Leave. (1) Period of Leave. Subject to the provisions of subclause (2),. (4) and

(5) of this clause a period of 28 consecutive days, exclusive of any holiday occurring during the period

[23rd April, 1980.

shall be given and taken as leave annually to all workers other than casual workers after 12 months continuous service (less the period of annual leave) with an employer.

(2) Method of Taking Leave. (a) Either 28 consecutive days, or two separate

periods of not less than seven consecutive days in all cases exclusive of any holiday occurring therein, shall be given and taken within six months from the date when the right to annaul leave accrued.

(b) Where a worker requests that leave be allowed in one continuous period such request shall not be unreasonably refused. In the event of lack of agreement between the parties the matter shall be referred to a Board of Reference for decision.

(c) In circumstances where a holiday falls within one day of a weekend or another holiday the provisions of paragraph (a) hereof may be altered by agreement between the employer and a majority of workers affected under this award to provide that a single day of annual leave entitlement may be granted on the day between the said holiday and/or weekend.

(d) Where annual leave is proposed to be given and taken in two periods, one of which is to be in conjunction with the Christmas and New Year holidays, representatives of the employers and workers, parties to this award, shall meet not later than the 31st day of July in each year in order to fix the commencing and finishing dates for the following Christmas-New Year period of leave. Where no agreement can be reached between the representatives, the matter shall be referred to the Western Australian Industrial Commission for determination.

(3) Leave Allowed Before Due Date. (a) An employer may allow a worker to a take his

annual leave prior to the worker's right thereto. In such circumstances the qualifying period of further annual leave shall not commence until the expiration of 12 months in respect of which the leave so allowed was taken.

(b) Where an employer has allowed a worker to take his annual leave pursuant to paragraph (a) hereof and the worker's services are terminated (by whatsoever cause) prior to the worker completing the 12 months continuous service for which leave was allowed in advance, the employer may for each complete week of the qualifying period of 12 months not served by the worker, deduct from whatever remuneration is payable upon the termination of the employment one-fifty second of the amount of wages paid on account of the annual leave.

(c) Notwithstanding anything contained in this subclause a worker who has worked for 12 months in the industry with a number of different employers without taking annual leave, shall be entitled to take annual leave and be paid one twelfth of an ordinary weeks wages in respect of each completed 40 hours of continuous service with his current employer.

(4) Proportionate Leave on Termination. Where a worker has given 40 hours or more

continuous service (excluding overtime) and he either leaves his employment or his employment is terminated by the employer, he shall be paid one- twelfth of an ordinary week's wages in respect of each completed 40 hours of continuous service with his current employer for which leave has not been granted or paid for in accordance with this award.

(5) Broken Service. Where a worker breaks his continuity of service by

an absence from work for any reason other than a reason set out in subclause (5), the amount of leave to which he would have been entitled under subclause

(1) shall be reduced by one forty-eighth for each week or part thereof during which any such absence occurs and the amount of payment in lieu of leave to which he would have been entitled under subclause (3) shall be reduced by one-twelfth of a week's pay for each week or part thereof during which any sucb absence occurs.

Provided, however, that no reduction shall be made in respect of any absence unless the employer informs the worker in writing of his intentions so to do within fourteen days of the termination of the absence.

(6) Calculation of Continuous Service. For the purposes of this clause service shall be

deemed to be continuous notwithstanding a worker's absence from work for any of the following reasons:—

(a) Illness or accident up to a maximum of four weeks after the expiration of paid sick leave.

(b) Bereavement Leave. (c) Jury Service. (d) Injury received during the course of

employment and up to a maximum of 26 weeks for which he received workers' compensation.

(e) Where called up for military service for up to three months in any qualifying period.

(f) Any reason satisfactory to the employer or in the event of dispute to the appropriate Board of Reference. Provided that the reason shall not be deemed satisfactory unless the worker has informed the employer within 24 hours of the time when he was due to attend for work or as soon as practicable thereafter of the reason for the absence and the probable duration thereof.

(7) (a) Payment for Period of Leave—Each worker before going on leave, shall be paid in advance the wages which would ordinarily accrue to him during the currency of the leave.

(b) Annual leave Loading—In addition to the payment prescribed in paragraph (a) hereof a worker shall receive during a period of annual leave a loading of 17'A per centum calculated on the rates, loadings and allowances prescribed in Clause 8.—Rates of Pay and the leading hand rates prescribed in that clause if applicable. The loading prescribed above shall also apply to proportionate leave on lawful termination.

(8) Service under Previous Award. Service before the date of operation of this award

shall be taken into account for the purpose of calculating annual leave but a worker shall not be entitled to leave or payment in lieu thereof for any period in respect of which leave or payment in lieu thereof has been allowed or made under any other, award superseded by this award.

(9) Annual Close Down. Notwithstanding anything elsewhere contained in

the award, an employer giving any leave in conjunction with the Christmas-New Year holidays may, at his option, either:—

(a) Stand off without pay during the period of leave any worker who has not then qualified under sub-clause (1) of this clause; or

(b) Stand off for the period of leave any worker who has not then qualified under paragraph (a) hereof and pay him pro rata (up to the amount of the leave then given) for the leave for which he has qualified on the basis of one-twelfth of an ordinary week's wages in respect of each 40 hours of continuous service (exclusive of overtime) during his current qualifying 12-monthly period.

Provided that where an employer at his option decides to close down his establishment at the Christmas-New Year period for the purpose of giving the whole of the annual leave due to all or the

23rd April, 1980. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

majority of his workers then qualified for such leave, he shall give at least two months notice to his workers of his intention so to do.

(10) Commencement of Leave—Distant Work. If a worker is still engaged on distant work when

annual leave is granted and the worker returns to the place of engagement, or if employed prior to going to country work the worker returns to the place regarded as his headquarters by the first reasonable means of transport, his annual leave shall commence on the first full working day following his return to such place of engagement or headquarters as the case may be.

(11) Prohibition of Alternative Arrangements. An employer shall not make payment to a worker

in lieu of his annual leave or any part thereof except as is provided for in this clause and no contract, arrangement, or agreement shall annul, vary, or vitiate the provisions of this clause whether entered into before or after the commencement of this award.

24.—Sick Leave. (1) A worker other than a casual worker as defined

who is absent from his work on account of personal illness or on account of injury by accident, other than that covered by workers' compensation, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:—

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

(b) He shall prove to the satisfaction of his employer (or in the event of dispute a Board of Reference) that he was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

(c) A worker during his first year of employment with an employer shall be entitled to sick leave entitlement at the rate of six hours and 40 minutes at the beginning of each calendar month of his employment.

Provided that a worker who has completed one year of continuous employment shall be credited with a further 80 hours sick leave entitlement at the beginning of his second and each subsequent year, which, subject to subclause (5) shall commence on the anniversary of engagement.

(2) In the case of a worker who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only such worker if in the year he has already been allowed paid sick leave on more than one occasion for one day only, shall not be entitled to payment for the day claimed unless he produces to the employer a certificate of a duly qualified medical practitioner that in his, the medical practitioner's opinion, the worker was unable to attend for duty on account of personal illness or injury. Provided that an employer may agree to accept from the worker a Statutory Declaration, stating that the worker was unable to attend for duty on account of personal illness or injury in lieu of a medical certificate. Nothing in this subclause shall limit the employer's right under paragraph (b) of subclause (1) of this clause.

(3) Sick leave with an employer shall accumulate from year to year so that any balance of the period specified in paragraphs (c) and (d) of subclause (1) of this clause which in any year has not been allowed to a worker and subject to the conditions herein

prescribed shall be allowed by that employer in a subsequent year, without diminution of the sick leave prescribed in respect of that year.

Provided that sick leave which accumulates pursuant to this subclause shall be available to the worker for a period of 10 years but for no longer from the end of the year in which it accrues.

(4) Any sick leave for which a worker may become eligible under this award by reason of service with one employer shall not be cumulative upon sick leave for which the worker may become eligible by reason of subsequent service with another employer.

(5) If a worker is terminated by his employer and is re-engaged by the same employer within a period of six months then the worker's unclaimed balance of sick leave shall continue from the date of re- engagement.

In such case the worker's next year of service will commence after a total of 12 months has been served with that employer excluding the period of interruption in service from the date of commencement of the previous period of employment or the anniversary of the commencement of the previous period of employment, as the case may be.

25.—Accident Pay. (1) This clause shall apply to all workers covered

by this award and the circumstances under which a worker shall qualify for accident pay shall be prescribed hereunder.

(2) The employer shall pay a worker accident pay where the worker receives an injury for which weekly payments or compensation are payable by or on behalf of the employer pursuant to the provisions of the Workers' Compensation Act, 1912-1973 as amended from time to time.

(3) "Accident Pay" means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the worker pursuant to the said Workers' Compensation Act and the worker's appropriate 40 hour award rate, or, where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the said award rate for that period.

(4) An employer shall pay or cause to be paid accident pay as defined in subclause (3) of this clause during the incapacity of the worker arising from any one injury for a total of 26 weeks whether the incapacity is in one continuous period or not.

(5) The liability of the employer to pay accident pay in accordance with this clause shall arise as at the date of the injury or accident in respect of which compensation is payable under the said Workers' Compensation Act and the termination of the worker's employment for any reason during the period of any incapacity shall in no way affect the liability of the employer to pay accident pay as provided in his clause.

(6) In the event that a worker receives a lump sum in redemption of weekly payments under the said relevant legislation, the liability of the employer to pay accident pay as herein provided shall cease from the date of such redemption.

(7) An employer may at any time apply to the Western Australian Industrial Commission for exemption from the terms of this clause on the grounds that an accident pay scheme proposed and implemented by that employer contains provisions generally not less favourable to his workers than the provisions of this clause. .

26.—Bereavement Leave. A worker shall on the death within Australia of a

wife, husband, father, mother, brother, sister, child or stepchild, be entitled on notice to leave up to and

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd April. 1980.

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 worker in two ordinary days of work.

Proof of such death shall be furnished by the worker to the satisfaction of his employer.

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

Provided further that, with the consent of the employer, which consent shall not be unreasonably withheld, a worker shall, in addition to this entitlement to paid bereavement leave, be entitled to reasonable unpaid bereavement leave up to 10 working days in respect of the death within Australia or overseas of a relation to whom the clause applies, and that any dispute as to the granting of unpaid bereavement leave may be referred to a Board of Reference.

For the purpose of this clause the words "wife" and "husband" shall include a person who lives with the worker as a defacto wife or husband.

27.—Jury Service. Provided that a worker attempts to gain the

maximum amount allowable from the Crown Law Department, a worker required to attend for jury service shall be entitled to have his pay made up by the employer to equal his ordinary pay as for eight hours per day plus fares whilst meeting this requirement. The worker shall give his employer proof of such attendance and the amount received in respect of such jury service.

28.—Time Records. Each employer shall keep a record, from which can

be readily ascertained the name of each worker and his classification, the hours worked each day, and the wages and allowances paid each week. The time and wages records shall be open for inspection to a duly accredited Union Official during the usual office hours, at the employer's office, or other convenient place:—

Provided that:— (a) an inspection shall not be demanded unless

the Secretary of the Union suspects that a breach of this award has been committed;

(b) the employer shall record the location of the job if it is outside the radius specified in Clause 12.—Fares and Travelling Allowances;

(c) the accredited Union Official may take extracts from the records and remove them from the office.

29.—Protection of Workers. (1) The employer shall comply with the provisions

of tbe laws of the State concerning the installation and maintenance of guards for machinery.

(2) Suitable asbestos sheets and/or coloured glasses shall be provided by the employer for the protection of workers working at oxyacetylene or electric arc welding.

(3) Where electric arc operators are working, suitable screens shall be provided in order to protect workers from flash.

(4) The employer shall provide gas masks for workers engaged upon work where gas is present.

(5) Workers employed on refractory brickwork shall be x-rayed, if they so require, at the employer's expense and in his time, once in each period of six months.

(6) Workers working in tuberculosis hospitals and homes shall, if a request is made by them, be x-rayed, at the employer's expense and in his time, on termination of employment at such tuberculosis

hospital or home or each six months, whichever is the sooner.

(7) A worker shall not raise or lower a swinging scaffold (other than a bosun's chair) alone and an employer shall not require a worker to raise or lower a swinging scaffold alone.

(8) The employer shall provide sufficient facilities for washing and five minutes shall be allowed before lunch and before finishing time to enable workers to wash and put away gear.

(9) The employer shall observe the following procedures when workers are required to use toxic substances covered by paragraph (j) of subclause (1) of Clause 9.—Special Rates and Provisions. Where there is an absence of adequate natural ventilation the employer shall provide ventilation by artificial means and supply an approved type of respirator and/or a approved type of hood with airline attached and in addition the employer shall supply protective clothing as approved by the Health Department; proper washing facilities together with towels, soap and a plentiful supply of hot water shall be available when required.

Where a worker is using materials of the types mentioned in this subclause and such work continues to his meal break he shall be entitled to take washing time of 10 minutes immediately prior to his meal break. Where this work continues to the ceasing time of the day or is finalised at any time prior to the ceasing time of the day, washing time of 10 minutes shall be granted. The washing time break or breaks shall be counted as time worked.

(10) A worker shall not be required to use a roller in excess of 30.5 centimetres in width on the painting of ceilings or walls.

(11) A worker shall not be required to carry paint or other materials, the property of the employer, from job to job. By arrangement, brushes may be taken to and from a job by the worker. This provision shall not apply where paint or materials are carried to or from a job in a vehicle belonging to the employer.

(12) No worker shall be required to use a paint brush exceeding 12.7 centimetres in width or 227 grams in weight or a kalsomine brush exceeding 20.3 centimetres in width.

Hand protective paste—every employer of painter, signwriter, plasterer or glazier worker shall at the request of any such worker provide hand protective paste for the use of such worker.

30.—Amenities. (1) On each construction site upon which workers

covered by this award are employed, the principal contractor or the Project Manager, as the case may be, at the commencement of work on site and until the said work is completed shall be responsible to ensure that no less than the following amenities are provided:—

(a) A weatherproof shelter shed with the windows flyscreened and capable of being opened.

(i) Each shed shall be of a size of not less than one square metre of flooring area for each person.

(ii) Each shed shall be adequately lit and ventilated (including an extractor fan) and shall have an appropriate washable floor and flystrips on the doorway.

(iii) In each shed there shall be a non- absorbent washable topped table or tables with seating accommodation at a bench not less than 400 mm wide and 450 mm long for each person,


hooks at least 450 mm apart for the purpose of hanging clothes, and on any site where more than 50 persons are employed, flyproof ventilated cupboards with shelves for the storage of food.

(iv) No shed shall be used for the storage of building materials and on work where more than 10 persons are employed no tools shall be stored in that shed.

and the principal contractor or the Project Manager shall ensure that each shed is kept in a clean condition and brooms, mops, buckets and cleaning compounds shall be provided for this purpose.

(b) Covered garbage bins. (c) In a reasonably accessible place, boiling

water at meal times and rest periods and cool, clean drinking water at all times.

(d) A notice board or a place where notices may be displayed.

(e) Toilets which shall be weatherproof and soundly constructed with separate closets and an appropriate washable floor.

(i) Each toilet shall be lit by natural or artificial light to a high standard with each closet having a hinged door capable of being closed from both sides.

(ii) Should the toilets be sewered there shall be one closet for each 15 persons, if septic tanks or a chemical system, one closet for each 10 persons and otherwise one closet for each seven persons.

(f) A supply of toilet paper together with soap and water for washing purposes.

(2) This Clause, other than paragraph (c) of subclause (1) shall not apply to projects on which less than five dwelling units are being constructed.

(3) This Clause shall be deemed to be complied with if in a partially completed building, facilities of a comparable standard are available to be used.

(4) Nothing herein contained shall absolve any employer from what is required by the Health Act 1911 or any relevant legislation.

31.—First Aid Equipment. (1) A First Aid Kit, such as is required by the law

of the State or, if there is no relevant State law, as set out hereunder, shall be provided and maintained by the employer on each job.

(a) At the places of work where not more than six persons are employed the first aid outfit shall be equipped and maintained to contain at least the following:—

Dustproof Container Antiseptic Solution—125 mis. Sal Volatile—30 mis. Burn Cream—1 tube Triangular Bandage—1 Plain Gauze—1 mm. x 90 cm. Cotton Wool—50 gms. Lint—25 gms. Small bowl for bathing minor wounds—1 Drinking Utensil—1 Roller Bandages—3 x 2.5 cm, 1 x 7.5 cm. Prepared Adhesive Dressings—1 doz. Tweezers—1 pair Scissors, 10 cm.—1 pair Safety Pins—1 doz. Medicine Glass, 40 mis.—1 Eye Bath—1 First Aid Pamphlet—1 Castor Oil—100 mis. Bicarbonate of Soda—30 gms. Boracic Acid—30 gms.

(b) At places of work where more than six persons are employed the first aid outfit shall be equipped and maintained to contain at least the following:—

Dustproof Container Antiseptic Solution—125 mis. Sal Volatile—60 mis. Burn Cream—1 tube Triangular Bandages—3 Plain Gauze—5 mm. 90 cm. Cotton Wool—200 gms. Lint—100 gms. Finger Dressings—1 doz. Roller Bandages—3 x 2.5 cm., 1 x 7.5 cm. Prepared Adhesive Dressings—1 doz. Splinter Forceps, 9 cm.—1 pair Dressing Forceps, 12.5. cm.—1 pair Scissors, 12.5 cm.—1 pair Safety Pins—1 doz. Medicine Glass, 40 mis.—1 Eye Bath—1 First Aid Pamphlet—1 Castor Oil—100 mis. Bicarbonate of Soda—60 gms. Boracic Acid—60 gms. Towel—1 Enamel Drinking Mug—1

(c) North of 26 degrees parallel first aid outfits shall, in addition to requirements provided for in paragraphs (a) or (b) hereof, contain items specified by the Royal Flying Doctors Service Authority Recommendations for first aid outfit requirements for those areas, this provision-shall not apply in areas the R.F.D.S. does not extend to.

(2) If there is no relevant State Legislation the employer shall as soon as is reasonably possible supply means, free of charge, to convey to the nearest hospital or doctor at which, or by whom, the worker is to be treated, any worker so seriously injured that it is not reasonably possible for such worker to travel independently of such conveyance.

32.—Special Tools and Protective Clothing. (1) (a) The employer shall provide all power tools

and steel tapes over six metres when required for the work to be performed.

(b) Gloves, and at the request of the worker, hand protective paste, shall be provided by the employer for workers engaged in handling hot bitumen, creosote, oiled formwork and in washing down brickwork.

(c) If in the course of his employment a worker is required to use muriatic acid ne shall be provided with protective clothing.

(d) An employer shall provide on all construction jobs in towns and cities, and elsewhere where reasonably necessary and practicable, (or if requested by the worker) a suitable and secure waterproof lock- up solely for the purpose of storing workers' tools, and on multi-storey and major project jobs the employer shall provide, where possible, a suitable lock-up for workers' tools within a reasonable distance of the work area of large groups of workers.

(2) Plumbers. (a) A plumber shall be obliged to provide and

maintain the undermentioned tools in efficient working order:—

1 x Junior Hacksaw, 1 x Hacksaw; 1 x 15 mm Copper Tube Bender; 1 x 15 mm Copper Tube Bending Spring; 1 x 20 mm Copper Tube Bending Spring; 1 x 15 mm Tap Re-seating Tool; 1 x Set of 15 Standard Screw Drivers 40 mm—300 mm; 1 x Set Metric Allen Keys up to 6


mm; 1 x Screwdriver for PK Screws; 1 x Set High Speed Drills 1 mm—6 mm; 1 x 2-Speed Hand Drill (To Take Up To 9 mm); 1 x Wood Brace; 1 x 6 mm Wood Bit; 1 x 13 mm Wood Bit; 1 x 22 mm Wood Bit; 1 x 25 mm Wood Bit; 1 x 15 mm Wood Chisel; 1 x Gauging Trowel; 1 x Small Tool; 1x6 mm Cold Chisel; 1 x 15 mm Cold Chisel; 1 x 25 mm Cold Chisel; 1 x Pinch Bar; 1 x Flint Gun (Employer to supply flints); 1 x Pair Oxy/Acetylene Goggles; 1 x Plier Grip Hand Held Pop Rivetter—up to 3 mm rivets; 1 x Set Circular Hole Saws (For PVC); 1 x 15 mm—20 mm—25 mm Flaring Block and Pin; 1 x Oxy/Acetylene Shut Off Key; 1 x Oxy/Acetylene Shut Off Spanner; 1 x Basm Spanner; 1 x Tile Cutter/Scriber (hand held); 1 x Pair Pincers; 1 x 10 mm Star Drill; 1 x 13 mm Star Drill; 1 x Pair Insulated Pliers; 1 x Pair Multi Grip Pliers; 1 x Pair Vice Grip Pliers—up to 150 mm; 1 x Line Level; 1 x 600 mm Spirit Level; 1 x Chalk Line; 1 x Plumb bob and Line; 1 x Pair Wiss Snips; 1 x Pair 300 mm Straight Tinsnips; 1 x Pair 175 mm Foot Prints; 1 x Pair 225 mm Foot Prints; 1 x Stilson Wrench—450 mm; 1 x Flat Boxwood Lead Dresser; 1 x Gympie; 1 x Claw Hammer; 1 x Ballpein Hammer; 1 x Tackhammer; 1 x Draw Knife (Lino Knife); 1 x Pair 200 mm Dividers; 1 x Tool Box, Metal; 1 x Padlock; 1 x Nail Bag; 1 x 565 Gram Soldering Iron; 1 x 200 mm Rasp and Handle; 1 x 200 mm Round File; 1 x 300 mm Flat File; 1 x Measuring Tape (1 metre); 1 x Plugging Chisel; 1 x 300 mm Set Square; 1 x Bent Bolt; 1 x Centre Punch; 1 x 150 mm Adjustable Wrench; 1 x 300 mm Adjustable Wrench.

(b) If a plumber is requested to provide any or all of the following tools or appliances viz;—

Caulking-irons, drilling frame and chain, tap key, chain wrenches, files, grips or tongs of over 300 mm in length, hacksaw blades, mandrils, dummies, metal pots, pipe cutters, plumbing irons, ratchets, stocks, dies, drills for stone other than star drills, taps and drills for brass or iron threads, vices, blow lamps, L.P.G. kits or similar heating appliances he shall be paid by the employer an additional 10 cents per hour.

(c) Provided that a plumber shall only be required to have available at any time those tools specified above as are necessary for the proper performance of the work or the job being done by him.

(3) Builders' Labourers. The employer shall provide all necessary plant and

tools free of charge.

(4) Bricklayers The employer shall supply scrutch combs and

blades when required.

(5) Carpenters and Joiners. (a) The employer shall provide the following tools

when they are required on the job:— Dogs and cramps of all description, bars of all descriptions, augers of all sizes, bits not ordinarily used in a brace, all hammers except claw hammers, glue pots and brushes, dowel plates, trammels, hand and thumb screws, soldering irons, spanners from 19mm upwards and all power driven tools and machines on construction jobs.

(b) The employer shall make available, during working hours, a suitable grindstone or wheel together with power (hand or mechanically driven) for turning it. If a grindstone or wheel is not made available the employer shall pay to each carpenter or joiner $2.25 per week in lieu of same.

(6) Painters. The employer shall provide all tools in connection

with the painting trade, excepting putty knife, strippers, scissors, duster, paperhanging brush, roller, two lining fitches, a 600mm rule, hammer and hacking knife.

(7) Signwriters. Signwriters shall provide themselves with a full set

of pencils and fitches, rest stick, wash leather and a 600mm rule.

(8) Plasterers. The employer shall supply all floating rules,

darbies, trammels, centres, buckets and sieves. Stands for plasterers' mortar boards not less than 750mm from the ground or where practicable and safe from a scaffold level shall be provided for the plasterer by the employer when requested.

(9) Glaziers. The employer shall provide all tools in connection

with the glazing trade excepting the following:— 1 lock-up tool box 1 pair glaziers pliers 1 pair pincers 2 putty knives (1 facing, 1 stripping) 2 chisels (one 25mm one 40mm) Light claw hammer Metre rule 1 pair 10" snips 1 hacksaw 1 marking line 18 metres 2 screwdrivers 3 metre steel tape Centre punch Prick punch 1 broadknife Hacksaw blades to be supplied by the employer

(10) The employer shall provide where necessary, adequate facilities for the workers to grind tools, either at the job or at the employer's premises and workers shall be allowed time to use the same whenever reasonably necessary.

33.—Compensation for Clothes and Tools. (1) A worker whose clothes, spectacles, hearing aids

or tools have been accidentally spoilt by acid, sulphur or other deleterious substances, shall be paid such amount to cover the loss thereby suffered by him as may be agreed upon between him and his employer or, in default of agreement, as may be fixed by the appropriate Board of Reference.

(2) (a) A worker shall be reimbursed by his employer to a maximum of $300 for loss of tools or clothes by fire or breaking and entering whilst securely stored at the employer's direction in a room or building on the employer's premises, job or workshop or in a lock-up as provided in this award or if the tools are lost or stolen whilst being transported by the worker at the employer's direction, or if the tools are accidentally lost over water or if tools are lost or stolen during a worker's absence after leaving the job because of injury or illness.

Provided that a worker transporting his own tools shall take all reasonable care to protect those tools and prevent theft or loss.

(b) Where a worker is absent from work because of illness or accident and has advised the employer in accordance with Clause 24.—Sick Leave the employer shall ensure that the worker's tools are securely stored during his absence.

(3) When an employer requires a worker to wear spectacles with toughened glass lenses the employer will pay the cost of the toughening process.


(4) Provided that for the purposes of this clause:— (a) Only tools used by the worker in the course

of his employment shall be covered by this clause.

(b) The worker shall, if requested to do so, furnish the employer with a list of tools so used.

(c) Reimbursement shall be at the current replacement value of new tools of the same or comparable quality.

(d) The worker shall report any theft to the police prior to making a claim on the employer for replacement of stolen tools.

34.—Payment of Wages. (1) Pay Day and Methods. (a) All wages, allowances and other moneys due

shall be paid in cash not later than the usual time of cessation of work on Thursday of each working week.

(b) Provided that in any week in which a holiday falls on a Friday wages accrued shall be paid on the previous Wednesday and provided further that when a holiday occurs on any Thursday wages accrued may be paid on the following Friday. Nothing shall prevent any alternative mutual arrangement between an employer and a worker.

(c) The employer shall not keep more than two days' wages in hand.

(2) Payment on Termination. When notice is given in accordance with Clause

36.—Termination of Employment, all moneys due to the worker shall be paid at the time of termination; where this is not practicable the provisions of subclauses (6) and/or (7) of this clause shall apply.

(3) Payment During Inclement Weather. Where, on any pay day, work ceases for the day

because of inclement weather a worker shall be paid all wages, allowances and other moneys due without undue delay.

(4) Waiting Time Penalties. A worker kept waiting for his wages on pay day for

more than a quarter of an hour after the usual time of ceasing work shall be paid at overtime rates after that quarter hour with a minimum of a quarter of an hour.

(5) Pay Packet Details. Particulars of details of payment to each worker

shall be included on the envelope including the payment, or in a statement handed to the worker at the time payment is made and shall contain the following imformation:—

(a) Date of payment. (b) Period covered by such payment. (c) The amount of wages paid for work ;at

ordinary rates. (d) The amount of hours paid at overtime rates

and the amount paid therefor. * (e) The amount of allowances or special rates

paid and the nature thereof. (f) The gross amount of wages and allowances

paid. (g) The amount of each deduction made and

the nature thereof. (h) The net amount of wages and allowances

paid. ... ^ (i) Any annual holiday payments.

(6) Worker Terminating. Where a worker gives notice in accordance with

Clause 36.—Termination of Employment and moneys due are not paid on termination the employer shall have two working days to send moneys due by registered post provided that if the moneys are not posted within that time then time spent waiting beyond the two working days shall be

paid for at ordinary rates, such payment to be at the rate of eight hours pay per day up to a week's pay when the right to waiting time shall terminate.

(7) Employer Terminating—Daily Penalties. Where an employer gives notice in accordance with

Clause 36.—Termination of Employment all moneys due shall be paid at termination; where this is not practicable the employer shall forward the moneys due by registered post within two working days of termination and shall pay waiting time up to the time of posting at the rate of eight hours ordinary time per day up to a maximum of one week's pay.

35.—Presenting for Work but not Required. A worker if engaged and presenting for work to

commence employment and not being required shall be entitled to at least eight hours work or payment therefor at ordinary rates, plus the appropriate allowance prescribed by clauses 12A or 12B of this award.

Provided that this clause shall not apply if the services of a worker are not required by reason of inclement weather, in which case the provisions of Clause 20.—Inclement Weather shall apply.

36.—Termination of Employment. (1) One day's notice of the termination of the

employment engagement shall be given on either side or one day's pay shall be paid or forfeited in lieu thereof.

(2) For the purpose of this clause, notice given at or before the usual starting time of any ordinary working day shall be deemed to expire at the completion of that day's work.

(3) A tradesman shall be allowed the one hour prior to termination to gather, clean, sharpen, pack and transport his tools.

(4) Nothing in this clause shall affect the right of an employer to dismiss a worker without notice for misconduct or refusing duty.

(5) This clause shall be read in conjunction with subclauses (3) and (6) of Clause 23.—Annual Leave and subclause (7) of Clause 34.—Payment of Wages.

37.—Job Stewards. (1) A worker appointed as a job steward shall upon

notification by the union to the employer be recognised as the accredited representative of the Union to which he belongs and he shall be allowed all necessary time during working hours to submit to the employer matters affecting the workers he represents and further shall be allowed reasonable time during working hours to attend to job matters affecting his Union. A job steward shall notify the principal contractor's representative and his Union prior to the calling of any stop work meeting.

(2) Prior to dismissal or transfer two days' notice shall be given to any job steward and his appropriate Union. Payment in lieu of notice shall not be given. In the event of the Union disputing the decision of management to transfer or terminate the service of the job steward, he shall remain on the job during which time the Board of Reference shall deal with the matter.

38.—Posting of Award. A copy of this award, with all variations thereof,

shall be posted and kept posted by the employer in a prominent place on the employer's premises accessible to the workers.

39.—Posting of Notices. An employer shall not prevent an official of the

Union authorised in writing in that behalf, from posting on an employer's premises or job a copy of any official notice of the Union provided such notice is uf reasonable size.

93441—3

536 W [23rd April, 1980.

40.—Right of Entry. On notifying the employer or his representative,

the secretary or any authorised officer of the union shall have the right to visit and inspect any job at any time when work is being carried on whether during or outside the ordinary working hours and to interview the workers covered by this award provided that he does not unduly interfere with the work in progress.

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

purposes of this award, a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to regulation 52 of the Industrial Arbitration Act (Western Australian Industrial Commission) Regulations, 1974.

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

42.—Apprentices. (1) (a) Wages per week (Percentage of

Tradesman's rate):— (i) Five year term— %

First year 40 Second year 48 Third year 55 Fourth year 75 Fifth year 88

(ii) Four year term- First year 42 Second year 55 Third year 75 Fourth year 88

(iii) Three and a half year term— First six months 42 Next year 55 Next following year 75 Final year 88

(iv) Three year term— First year 55 Second year 75 Third year 88

(b) For the purposes of paragraph (a) hereof the tradesman's rate snail be the sum of the weekly base rate prescribed in paragraph (a) (i) and the additional payment in paragraph (c) of subclause (2) of Clause 8.—Rates of Pay of this award and the special allowance prescribed in subclause (5) of the said Clause.

(c) Industry and Tool Allowance (per week). In addition to the above rate apprentices shall

receive the appropriate amounts prescribed in subclauses (3), (6), (7) and (8) of Clause 8.—Rates of Pay, as part of the ordinary weekly wage for all purposes.

(d) Provision of Tools. An employer may, by agreement with the

apprentice's parent or guardian, elect to provide the apprentice with a kit of tools and, subject to establishing the value of the tools at the time of so providing, deduct the tool allowance until the cost of the kit of tools is reimbursed.

In the event of an apprentice being dismissed or leaving his employment before the cost of the tool kit has been reimbursed, the employer shall be entitled to:—

(i) deduct from any moneys owing the apprentice, the amount then owing; or

(ii) by agreement retain tools at the orginally nominated value to the amount still owing.

(2) (a) An apprentice to painting or signwriting shall not be registered in accordance with the provisions of this Award until a certificate to the effect that he does not suffer any disability by reason of colour blindness has been lodged with the Registrar.

(b) An apprentice to painting or signwriting shall undertake a vocational aptitude test.

(3) Subject to the above the maximum number of apprentices to be taken by an employer shall be as follows:—

(a) Carpentry and joinery—One apprentice to every two or fraction of two journeymen provided the fraction shall not be less than one.

(b) Plumbing—One apprentice to every two or fraction of two journeymen provided the fraction shall not be less than one.

(c) Painting, signwriting or glazing—One apprentice to every three or fraction of three journeymen provided the fraction shall not be less than one.

(d) Bricklaying—One apprentice to every three or fraction of three journeymen provided the fraction shall not be less than one.

(e) Plastering and/or tilelaying—One apprentice to every three or fraction of three journeymen provided the fraction shall not be less than one.

43.—Under-Rate Workers. (1) Any worker 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 worker shall be entitled to work for and be employed at the proposed lesser rate.

44.—Long Service Leave. The Long Service Leave provisions set out in

Volume 60 of the Western Australian Industrial Gazette at pages 1-6, both inclusive, are hereby incorporated in and form part of this award.

45.—Breakdowns, Etc. The employer shall be entitled to deduct payment

for any day or portion of a day upon which the worker cannot be usefully employed because of any strike by the Union or Unions affiliated with it, or by any other association or Union, or through the breakdown of the employer's machinery or any stoppage of work by any cause which the employer cannot reasonably prevent.

46.—-Prohibition of Junior Workers. (1) Except as provided in subclause (2) hereof, the

employment of junior workers (except apprentices) on any work which, if performed by an adult worker, would be subject to the provisions of this award is prohibited unless the consent of the union is in each case first obtained. If any junior worker (except an apprentice) is so employed such worker shall be paid not less than the wage of an adult performing similar work.

(2) A junior worker employed on work for which an apprenticeship is provided for in this award and who is not registered as a probationer pursuant to regulation 6 of the Industrial Training Act Regulations, shall be paid not less than the wage prescribed in Clause 8 of this award for an adult worker performing similar work.


47.—Preference to Unionists. (1) In this clause:—

"the union" means any one of the unions specified in the definition of "union" in clause 7 of this award;

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

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

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

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

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

(c) Thereafter remain a unionist while so employed.

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

(a) Who holds a certificate of exemption from membership of the union issued and in force pursuant to section 61B of the Industrial Arbitration Act, 1912;

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

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

(d) Who is an apprentice.

(4) (a) Where the section of the union has notified an employer that a non-unionist to whom the provisions of subclause (2) of this clause apply has failed or refused to comply with those provisions, that non-unionist shall not be retained in employment by that employer for more than 24 hours to the exclusion of any well-conducted unionist who is employed by, or who applies for employment with that employer and who is adequately experienced and otherwise competent in the work performed by that non-unionist.

(b) Where paragraph (a) of this subclause operates so as to require the dismissal of a non-unionist by his employer the provisions of Clause 36.—Termination of Employment of this award are hereby declared inoperative in respect of that dismissal but only if:—

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

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

(c) This subclause shall not apply to an apprentice.

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

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

(b) Applies to that employer for employment on that work:—

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

(ii) Within the time specified by that employer in any advertisement calling for such applications, whichever is the later; and

(c) Is able to commence work at the time required by the employer.

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

(a) Who holds a certificate of exemption from membership of the union isssued and in force pursuant to section 61B of the Industrial Arbitration Act, 1912;

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

(c) Who is an apprentice.

48.—Settlement of Disputes. (1) Where a worker or the job steward has

submitted a request concerning any matter directly connected with employment to a foreman or a more senior representative of management and that request has been refused, the worker may, if he so desires, ask the job steward to submit the matter to management and the matter shall then be submitted by the job steward to the appropriate executive of the employer concerned.

(2) If not settled at this stage, the matter shall be formally submitted by the State Secretary of the union to the employer.

(3) If not settled at this stage, the matter shall then be discussed between such representatives of the union as the union may desire and the employer, who may be accompanied by or represented by such officers or representatives of an association of employers as the employer may desire, including, where agreed, processing the dispute through locally organised boards or committees set up by the parties for this purpose.

(4) If the matter is still not settled, it shall be submitted to the Commission.

(5) Where the above procedures are being followed, work shall continue normally, no party shall be prejudiced as to final settlement by the continuance of work in accordance with this sub-clause.

(6) Notwithstanding anything contained herein the respondents shall be free to exercise their rights if the dispute is not finalised within seven days of notification.

(7) This clause shall not apply to any dispute as to a bona fide safety issue.

(8) In connection with any dispute concerning a job steward this clause shall be subject to the provisions of subclause (2) of Clause 37.—Job Stewards.

49.—Liberty to Apply. Liberty is hereby reserved to the parties to apply

at any time during the currency of the Award with respect to the following matters:—

Clause 8.—Rates of Pay—with respect to rates for signwriters.

Clause 30.—Amenities. Schedule "A".

Abel & Co. J. C. Aero Holdings Pty. Ltd. Adsigns Pty. Ltd. Albanese Pty. Ltd. Alco Prefab Constructions Pty. Ltd. Alert Plumbing Allwood E. L.

538 WESTERN AUSTRALIAN

All Ready Surfacing Co. Pty. Ltd. All Seasons Additions Alpha Brick Paving Alpha Ceilings Pty. Ltd. Altona Transportable Homes Amalfi Bricklaying Contractors Ancorage Butchers Pty. Ltd. Andri & Rogers Apollo Construction Arcus Pty. Ltd. Ariki Brick Paving Artistic Painters & Decorators Associated Shopfitters Pty. Ltd. Atlas Construction Co. Pty. Ltd. Aurora Painting Austral Insulation Pty Ltd. Avon Ceilings Baker A. J. & Sons Pty. Ltd. Balcatta Lime Stone & Hirings Balga Ceilings Barklan Frank Bell Brothers Pty. Ltd. Bell E. T. & R. P. Belmont Salvage Yard Belmont Shire Council Bergen C. & Co. Bernards Painting Service Best & Son Holding Pty. Ltd. J. M. Bestobell Insulation The Blue Army Bomac Bricklaying Contractors Bonanza Reinforcing Steel Fixers Bond Corporation Pty. Ltd. Blackwood Building Co. Brambles Manford Bric-Clock Constructions Pty. Ltd. Brick Conversions of W.A. Brick J. C. & Grano Constructions H. L. Brisbane & Wunderlich Ltd. Brown & Root (W.A.) Pty. Ltd. Bunning Brothers Pty. Ltd. Burnmac Nominees Pty. Ltd. Busby W. F. & Co. Campbell & Associates Roofing Carpentry W. & M. Service Cataldo Granolithic Contractors Centric Heavy Constructions Challenge Building &Plumbing Group Chapman E. & Co. Pty. Ltd. Chiricosta C. & T. Cianfrini & Co. Cimen-Fuller Pty. Ltd. Citra Constructions Pty. Ltd. City of Stirling Civil & Civic.Pty. Ltd. Claremont Concrete Castings Clarity Screen Print Cobra Nominees Pty. Ltd. Colour Circle Pty. Ltd. Colourstone Constructions (Aust.) Pty. Ltd. Combined Holdings Pty. Ltd. Community Builders Pty. Ltd. Contrax (1945) Pty. Ltd. Coogee Painting Services Coote A. D. & Co. Pty. Ltd. Corenco Australia Corser Homes Pty. Ltd. Corvus Pty. Ltd. Coulthard J. N. Patio Erectors Crellin & Dornan Crommelin Chemicals Pty. Ltd. Cross & Mackie Crystal Plumbing Cyclone Double Grip Scaffolding Pty. Ltd. Cyclone K-M Products Pty. Ltd. Dayton Constructions D'Alesio M. D'Alonzo A. & F. D.B.M. Contractors Co.

INDUSTRIAL GAZETTE. [23rd April, 1980.

Decorators D. & D. Deluge Fire Protection Services W.A. Pty. Ltd. Delta Corporation Pty. Ltd. Denis Steels & Co. D'Ercole & Co. De Santis T. & R. Dianella Painting Service Diploma Homes Do It Yourself Patio Co. Doro Painting Contractors Doust H. A. Pty. Ltd. Drabbles Ltd. Dressen Peter Easy-Way Constructions Edward A. Lahey Egan R. M. & Co. Electric Power Transmission Ellis G. & L. & Sons Emu Concrete Construction Enterprises D. & R. E.P.S. Industries Erecting C. C. Eric Clifford Associates European Painting Service Ewens & Davis Fabrications A. & H. Fairway Painting Contractors Fencers T. & M. Finishing Touch (The) Forster J. V. & P. A. Fremantle Scaffolding Fremantle Sheeting Piping Contractors Galvin Roy & Co. Pty. Ltd. Gardner Peter J. Garnsworthy Nominees Pty. Ltd. Gas Electricity Centre Geraldton Building Co. (Port Hedland) Pty. Ltd. Gill Neil F. Gino's Tiling Service Gosnells Patios & Enclosures Gourdis M. & R. Grahames Painting Service Green Tom Guerrini & Raccuia Guy Weguflin & Partners Hardie James & Co. Pty. Ltd. Hart S. W. & Co. Pty. Ltd. Hartley Homes Hellgold Ceilings Henk & Co. Highlight Plastering Contractors Hi-Lite Painting Services Honner K. Nominees Pty. Ltd. John Holland (Constructions) Pty. Ltd. Hudson Development Pty. Ltd. Hugall and Hoile Pty. Ltd. Hunter Douglas Ltd. Hurll J. Norman & Co. (Aust.) Pty. Ltd. Ian M. Hunr Industrial Roofing Contractors Kounis Pty. Ltd. Interform Pty. Ltd. Iris Painting Co. Pty. Ltd. Interstruct Pty. Ltd. Iversen J. Jaco Painting Jason Builder Products Jason Industries Ltd. Jeb Scaffolding Co. John Linton Jones & Rees Building Contractors Kalgoorlie Town Council Keay & Musso Keeble & Carless Kennedy L. & Sons M. Kilgren & Co. A. Kilsdonk King & Tucker Lakeway Painting & Renovating Larso Homes

23rd April, 1980.] WESTERN AUSTRALIAN

L.E.M. & L.E.M. Building Contractors Leighton Contractors Pty. Ltd. Leslie James Edwin Lidco Distributors (W.A.) Pty. Ltd. Lyons & Peirce Pty. Ltd. G.K.N. Lysaght Pty. Ltd. Malcolm B. Kershwar Mai's Maintenance Mandl P. & K. & Co. Manno Contractors Marblecrete Co. Marie & Co. Painters Marino B. & F. & Co. The Master Builders' Association of W.A. (Union of

Employers) Perth The Master Painters, Decorators and Signwriters

Association of W.A. Industrial Union of Employers

The Master Plasterers Association of W.A. (Union of Employers)

The Master Plumbers' Association of W.A. (Union of Employers)

Max Cramer McAllan Constructions Pty. Ltd. Merrein Glass Co. Metropolitan Liquid Cartage Midland Cement Products Mills Scaffold Division Mile & Mark Concrete Contractors J. H. & A. L. Mitchell & Co Modern Fencing Modular Metals Pty. Ltd. Montego Constructions Mount Lawley Concrete Co. Pty. Ltd. M.P.D. & Signwriters Assoc. of W.A. Mullaloo Painting Service Murray's Carpentry Neil R. Marsh Newbath Building Co. Newclass Renovations Noddy Constructions Noone & Lochhead Norman Anderson Norwood Bricklaying Co. Nuroof (W.A.) Pty Ltd. Olsen Constructions O'Connor Crane Service O'Donnell Griffin Pty. Ltd. Osborne Terrazzo Pty. Ltd. Paris Painting Service Parri Guido B. & J. Painting Service K. V. Painting Contractors Perth Outdoor Centre Pty. Ltd. Peter Excavation and Demolition Petersen D. H. W. Panelog Building Parbey Parking Bay Markers Park Pergolas Parking Lines Painting Co. Patio Makers The Paul Langan Builders Paul's Outdoor Leisure Centre Peel Estate Builders Pelican Painting & Decorating Service Perth City Council Perth Patio Centre Perth Tiling Service Peter Excavation and Demolition Pilbara Industries Pty. Ltd. Players Painting Company Playfair Home Improvements Pty. Ltd. P. & M. Construction Pre Fab Shade House Industries Prime Painting Services Program Marketing Services Producer Manufacturers Pty. Ltd. F.O.N. Pool (W.A.) Pty. Ltd. Puccio Antonio

INDUSTRIAL GAZETTE. 539

Pye G. & L. H. T. Quality Services (Outdoor Living) Pty. Ltd. Regency Decor J. & K. Reinforcings Pty. Ltd. Reocraft Pty. Ltd. Rich Sign Co. Pty. Ltd. Richard J. Ridge Road Marking Specialists Robina Roofing Contractors Rock Well Homes Len J. Rodin & Co Roebourne Fabrication Co. C. S. Roofing R. & J. Roofing Roy Galvin & Co. Pty. Ltd. Russo & Franchina Sabemo (W.A.) Pty . Ltd. Sandovers O'Connor Pty. Ltd. Salt Nominees Pty. Ltd. Salvatore Rasano Scarborough Brick Paving Scotch Signwriting Service Shaft Air Conditions Co. Spectrum Painting Service Springdale Comfort Pty. Ltd. Steeldeck Industries (W.A.) Pty. Ltd. Siesta Park Tourist Resort St. James Painting Service M. Silver & Son Pty. Ltd. Speedcrete Concrete Pumping Pty. Ltd. Squeez-Crete Pump Hire Stallard Insulation Centre Stateside Hire and Site Services Pty. Ltd. Statesman Homes (W.A.) Pty. Ltd. Status Patios & Home Extensions Steel Main Pty. Ltd. Stegbar (W.A.) Pty. Ltd. Stuart McKeown Style Line Construction Co. Subiaco Painting Service Suburban Brick Paving Sullivan Kenneth D. Suntrek Holiday Villages Swan Irrigation Swan Patios Swan Plumbing Service Pty. Ltd. System Build Construction Pty. Ltd. System Built Pty. Ltd. Taylor Industries Pty. Ltd. Taylor Woodrow (Aust.) Pty. Ltd. Tarten Painting Contractors Thiess Bros. Pty. Ltd. Thompson Watson & Carruthers Thornlie Constructions T. & L. Anderson Tom Hall Homes Tooney Nominees Pty. Ltd. Tremendous Ceilings Trio Joinery Works The Tercon Co. Pty. Ltd. Transfield (W.A.) Pty. Ltd. Trittons Albany H. Van Kawwegan Pty. Ltd. M.T. Vocisano Nominees Pty. Ltd. K. Vilips & Co. Pty. Ltd. W.A. Gravel & Paving Pty. Ltd. Wallpaper House The Wallpaper World & Furnishing Fabrics Walsh's Bricklaying Company Wattle Grove Painting Services W.A. Salvage Demolition Pty. Ltd. West Australian Insulation Co. Western Comfort Pty. Ltd. Western Irrigation Pty. Ltd. West Swan Formwork Pty. Ltd. Whitfords Home Extensions R. & M. Wilkins G. Wickhams P. W. Willqugliby & Co. Willrod Painting Services

Wood & Son R. & M. Wilkins Winform Holdings Pty. Ltd.

Reserved List. Albany Town Council Fremantle Gas & Coke Co. Ltd. Karrakatta Monumental Works Kununurra Hotel Pty. Ltd. Modern Brick Contracting E. G. Tompkins & Sons

CLERKS (Grain Handling).



Between The Federated Clerks' Union of Australia Industrial Union of Workers, W.A. Branch, Applicant, and Co-operative Bulk Handling Limited, Respondent.

HAVING heard Mr B. J. Finlay on hehalf of the applicant and Mr G. R. Robinson on behalf of the respondent, and by consent, I, the undersigned, Commissioner of The Western Ausstralian Industrial Commission, in pursuance of an allocation to me under section 16 of the Industrial Arbitration Act, 1979, and in pursuance of the powers contained in section 40 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the "Clerks (Grain Handling)" Award No. R34 of 1977 be and the same is hereby amended in accordance with the following schedule and that such amendment shall take effect on and from the 3rd day of December, 1979.


(Sgd.) G. J. MARTIN, [L.S.] Commissioner.

Schedule. Delete Clause 20.—Long Service Leave from the

award and inset in lieu:— 20.—Long Service Leave.

(1) Right to Leave. A worker shall as herein provided be entitled to

leave with pay in respect of long service. (2) Long Service:—

(1) The Long Service which shall entitle a worker to such leave shall subject as herein provided be continuous service with the employer.

(2) Service continuing until the coming into operation hereof shall be included as service under the preceding paragraph.

(3) (a) Where a business has, whether before or after the coming into operation hereof, been transmitted from an employer (herein called "the transmitter") to Co- operative Bulk Handling Ltd., (herein called "the transmittee") and a worker

who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee—the period of the continuous service which the worker has had with the transmittor (including any such service with any prior transmittor) shall be deemed to be service of the worker with the transmittee.

(b) In this subclause "transmission" includes transfer, conveyance, assignment or succession whether voluntary or by agreement or by operation of law and "transmitted" has a corresponding meaning.

(4) Such service shall include:— (a) any period of absence from duty on

any annual leave or long service leave; (b) any period of absence from duty

necessitated by sickness of or injury to the worker but only to the extent of 15 working days in any year of his employment;

(c) any period following any termination of the employment by the employer if such termination has been made merely with the intention of avoiding obligations hereunder in respect of long service leave or obligations under any award or agreement in respect of annual leave;

(d) any period during which the service of the worker was or is interrupted by service:— (i) as a member of the Naval,

Military or Air Forces of the Commonwealth of Australia other than as a member of the British Commonwealth Occupation Forces in Japan and other than as a member of the Permanent Forces of the Commonwealth of Australia except in the circumstances referred to in Section 31(2) of the Defence Act 1903-1956 and except in Korea or Malaya after 26 June, 1950;

(ii) as a member of the Civil Construction Corps established under the National Security Act, 1939-1946;

(iii) in any of the Armed Forces under the National Service Act, 1951 (as amended); provided that the worker as soon as reasonably practicable on the completion of any such service resumed or resumes employment with the employer by whom he was employed immediately before the commencement of such service.

(5) Service shall be deemed to be continuous notwithstanding:—

(a) the transmission of a business as referred to in paragraph (3) hereof;

(b) any interruption of a class referred to in paragraph (4) hereof irrespective of the duration thereof;

(c) any absence from duty authorised by • the employer;

(d) any standing-down of a worker in accordance with the provisions of an award, industrial agreement, order or determination under either Commonwealth or State Law;


(e) any absence from duty arising directly or indirectly from an industrial dispute if the worker returns to work in accordance with the terms of settlement of dispute;

(f) any termination of employment hy the employer on any ground other than slackness of trade if the worker be re-employed by the same employer within a period not exceeding two months from the date of such termination;

(g) any termination of the employment hy the employer on the ground of slackness of trade if the worker is re- employed by the same employer within a period not exceeding six months from the date of such termination.

(h) any reasonable absence of the worker on legitimate union business in respect of which he has requested and been refused leave;

(i) any absence from duty after the coming into operation of this clause by reason of any cause not specified in this clause unless the employer during the absence or within 14 days of the termination of the absence notifies the worker in writing that such absence will be regarded as having broken the continuity of service, which notice may be given by delivery to the worker personally or by posting it by registered mail to his last recorded address, in which case it shall be deemed to have reached him in due course of post.

Provided that the period of any absence from duty or the period of any interruption referred to in placita (c) to (i) inclusive of this paragraph shall not (except as set out in paragraph (4) hereof) count as service.

(3) Period of Leave:— (1) The leave to which a worker shall be entitled

or deemed to be entitled shall be as provided in this subclause.

(2) Except as provided for in paragraph (6) of this subclause, where a worker completes at least 10 years' qualifying service the amount of leave shall be:—

(a) in respect of the first 10 years' period of qualifying service—13 weeks' leave;

(b) in respect of the next ensuing 10 years' period of qualifying service—13 weeks' leave;

(c) in respect of the next ensuing seven years' period of qualifying service—13 weeks' leave;

(d) in respect of the next ensuing six years' period of qualifying service—13 weeks' leave;

(e) in respect of each five years' period of qualifying service completed thereafter—13 weeks' leave.

(3) Where a worker has completed at least seven years' service but less than 10 years' service since its commencement and his employment is terminated:—

(i) by his death; or (ii) in any circumstances, otherwise than

by his employer for serious misconduct;

the amount of leave, except as provided for in paragraph (6) of this subclause, shall be such proportion of 13 weeks' leave as the number of completed years of such service bears to 10 years.

(4) Where a worker completes at least 10 years' service and his employment is terminated:—

(i) by his death; or (ii) in any circumstances, otherwise than

by his employer for serious misconduct;

his entitlement shall be:— (a) the entitlement specified in

paragraph (2) of this sub-clause; plus (b) a proportion of the leave that would

have been due had the employment not been so terminated until the end of the current qualifying period, such proportion being that which the number of days of service in the current qualifying period bears to the total number of days in that period.

(5) Where a worker has completed at least 10 years' service and his employment is terminated by the employer for serious misconduct, his entitlement to leave shall be that due under paragraph (2) of this subclause.

(6) Where a worker has already received in respect of service, under another award, a grant of long service leave, the quantum of such leave shall be set off against his entitlements under this subclause.

(7) In the cases to which paragraphs (3), (4) and (5) of this sub-clause apply the worker shall be deemed to have been entitled to and to have commenced leave immediately prior to such termination.

(4) Payment for Period of Leave:—

(1) A worker shall, subject to paragraph (2) of this subclause, be entitled to be paid for each week of leave to which he has become entitled or is deemed to have become entitled the ordinary time rate of pay applicable to him at the date he commences such leave.

(2) Where by agreement between the employer and the worker the commencement of the leave to which the worker is entitled or any portion thereof is postponed to meet the convenience of the worker, the rate of payment for such leave shall be at the ordinary time rate of pay applicable to him at the date of accrual or, is so agreed, at the ordinary time rate of pay applicable at the date he commences such leave.

(3) The ordinary time rate of pay:— (a) shall include any deductions from

wages for board and/or lodging or the like which is not provided and taken during the period of leave;

(b) shall not include shift premiums, overtime, penalty rates, commissions, bonuses, allowances, or the like.

(5) Taking Leave:— (1) In a case to which paragraph (2) of

subclause 3 applies:— (a) Leave shall be granted and taken as

soon as reasonably practicable after the right thereto accrues due or at such time or times as may be agreed between the employer and the worker or in the absence of such agreement at such time or times as may be determined by the Special Board of Reference, having regard to the needs of the employer's establishment and the workers circumstances.

(b) Except where the time for taking leave is agreed to by the employer and the worker or determined by the Special Board of Reference the

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd April, 1980. 542

employer shall give to a worker at least one month's notice of the date from which his leave is to be taken.

(c) Leave may be granted and taken in one continuous period or if the employer and the worker so agree in separate periods.

(d) If any holiday prescribed by this award falls within a worker's period of long service leave and is observed on a day which in the case of that worker would have been an ordinary working day, there shall be added to that period one day being an ordinary working day for each such holiday as aforesaid.

(e) Payment shall be made in full before the worker goes on leave or in any other way agreed between the employer and the worker.

(f) No worker shall, during any period when he is on leave, engage in any employment for hire or reward in substitution for the employment from which he is on leave, and if a worker breaches this provision he shall thereupon forfeit his right to leave hereunder in respect of the unexpired period of leave upon which he has entered, and the employer shall be entitled to withold any further payment in respect of the period and to reclaim any payments already made on account of such period of leave.

(2) In a case to which paragraph (3), (4) or (5) of subclause 3 applies and in any case in which the employment of the worker who has become entitled to leave hereunder is terminated before such leave is taken or fully taken the employer shall, upon termination of his employment otherwise than by death, pay to the worker and, upon termination of employment by death, pay to the personal representative of the worker upon request by the personal representative, a sum equivalent to the amount which would have been payable in respect of the period of leave to which he is entitled or deemed to have been entitled and which would have • been taken but for such termination. Such payment shall be deemed to have satisfied the obligation of the employer in respect of leave hereunder.

(6) Granting Leave in Advance and Benefits to be Brought Into Account:—

(1) The employer may by agreement with a worker allow leave or part thereof to such a worker before the right thereto has accrued due, but where leave is taken in such case the worker shall not become entitled to any further leave hereunder in respect of any period until after the expiration of the period in respect of which such leave had been taken before it accrued due.

(2) Where leave has been granted to a worker pursuant to the preceding paragraph before the right thereto has accrued due, and the employment subsequently is terminated, the employer may deduct from whatever remuneration is payable upon the termination of the employment a proportionate amount on the basis of paragraph (2) of subclause 3 in respect of any period for which the worker has been granted long service leave to which he was not at the date of termination of his employment or prior thereto entitled.

(3) Any leave in the nature of long service leave or payment in lieu thereof .under a State Law or a long service leave scheme not under the provisions hereof granted to a worker by his employer in respect of any period of service with the employer shall be taken into account whether the same is granted before or after the coming into operation hereof and shall be deemed to have been leave taken and granted hereunder in the case of leave with pay to the extent of the period of such leave and in the case of payment in lieu thereof to the extent of a period of leave with pay equivalent to the amount of the payment and to be satisfaction to the extent thereof of the entitlement of the worker hereunder.

(7) Records to be Kept:— (1) The employer shall, during the employment

and for a period of 12 months thereafter, or in the case of termination by death of a worker a period of three years thereafter, keep a record from which can be readily ascertained the name of each worker and his occupation, the date of the commencement of his employment and his entitlement to long service leave and any leave which may have been granted to him or in respect of which payment may have been made hereunder.

(2) Such record shall be open for inspection in the manner and circumstances prescribed lay this award with respect to the Time and Wages Record.

(8) Special Board of Reference:— (1) There shall be constituted a Special Board

of Reference for the purpose hereof to which all disputes and matters arising hereunder shall be referred and the Board shall determine all such disputes and matters.

(2) There shall be assigned to such Board the functions of— (a) the settlement of disputes on any

matters arising hereunder; (b) the determination of such matters as

are specifically assigned to it hereunder. (3) The Board of Reference shall consist of one

representative or substitute therefor nominated from time to time by The Confederation of Western Australian Industry (Inc) and one representative or substitute therefor nominated from time to time by the Trades and Labor Council of Western Australia together with a chairman to be mutally agreed upon by the organisations named in this paragraph.

(9) State Law:— (1) The provisions of any State Law to the

extent to which they confer an accrued right on a worker to be-granted a period of long service leave in respect of a completed period of 15 or more years' service or employment or an accrued right on a worker or his personal representative to payment in respect of long service leave shall not be affected hereby and shall not be deemed to be inconsistent with the provisions hereof.

(2) The entitlement of any such worker to leave in respect of a period of service with the employer completed after the period in respect of which the long service referred to in paragraph (1) of this subclause accrued due shall be in- accordance herewith.

(3) Subject to paragraphs (1) and (2) of this subclause, the entitlement to leave hereunder shall be in substitution for and satisfaction of any long service leave to


which the worker may be entitled in respect of employment of the worker by the employer.

(10) Leave for Recreational Purposes:— It is hereby expressly declared that the leave

granted hereunder is for recuperative and recreational purposes and no cash payment may be claimed in lieu thereof.

COMMERCIAL TRAVELLERS AND SALES REPRESENTATIVES.

Award No 43 of 1978. Interim Order.


No. 418 of 1979. Between Sales Representatives' and Commercial

Travellers' Guild of W.A. Industrial Union of Workers, Applicant, and Leonard Industrials Pty Ltd and Others, Respondents.

Interim Order. HAVING heard Mr N. J. Millar on behalf of the applicant and Mr D. M. Jones on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 16 of the Industrial Arbitration Act, 1979, and in pursuance of the powers contained in section 40 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Commercial Travellers' and Sales Representatives' Award No. 43 of 1978 is hereby amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


(Sgd.) G. G. HALLIWELL, [L.S.] Commissioner.

Schedule. 1. Clause 10.—Vehicle Provisions: delete subclause

(3) of this Clause and insert in lieu:— (3) Rates of hire for use of a worker's own

vehicle on employer's business:— (a) Sales Representative/Commercial

Traveller:— Up to 25 h.p.—$35.85 per week plus 6.57 cents per kilometre. Over 25 h.p.—$42.90 per week plus 8.65 cents per kilometre.

(b) Country Sales Representative/ Commercial Traveller:—

Up to 25 h.p.—$42.38 per week plus 6.57 cents per kilometre. Over 25 h.p.—$51.92 per week plus 8.65 cents per kilometre.

(c) For the purpose of this clause, travelling to and from the worker's home shall be regarded as employer's business.

(d) The standing charges prescribed in paragraphs (a) and (b) of this subclause have been computed on the basis of their being payable during the worker's absence on annual leave, sick leave and long service leave as provided by this award.

2. Clause 16.—Absence Through Sickness: Delete this clause and insert in lieu:—

16.—Absence Through Sickness. (1)(a) A worker 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 following provisions:

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

(c) If in the first or successive years of service with the employer a worker 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 worker's services terminate. If before the end of that year of service, to the extent that the worker 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 worker 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. a worker shall not be entitled to claim payment for any period exceeding 10 weeks in any one year of service.

(3) To be entitled to payment in accordance with this clause the worker 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 a worker 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 worker shall not be required to produce a certificate from a medical practitioner with respect to absence of two days or less .unless after two such absences in any year of service the employer requests 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 a worker who suffers personal ill health or injury during the time when he is absent on annual leave and a worker 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 worker 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 worker 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 worker 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 worker or, failing agreement, shall be added to the worker's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 15.—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 15.—Annual Leave 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 worker's service has been deemed continuous in accordance with subclause (3) of clause (2) of the Long Service Leave provisions published in volume 59 of the Western Australian Industrial Gazette at pages 1-6, the paid sick leave standing to the credit of the worker at the date of transmission from service with the transmitter shall stand to the credit of the worker 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 workers who are entitled to payment under the Workers' Compensation Act nor to workers whose injury or illness is the result of the worker's own misconduct.

CONSTRUCTION (S.E.C.)



Between the Federated Engine Drivers and Firemen's Union of Workers of Western Australia, Applicant, and The State Energy Commission, Respondent.

Order HAVING heard Mr M. J. Hurley on behalf of the applicant and Mr A. P. Grealy on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the State Energy Commission Construction Award No. 23 of 1970 as varied and consolidated, be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 4th day of January, 1980, in respect of work in ordinary hours and as from the beginning of the first pay period commencing on or after the date hereof for all purposes of the award.



Schedule. Clause 20.—Wages: Delete the following

classifications from subclause (2) of this clause:— Driver Traverse Crane Driver of Mobile Crane of lifting capacity

(i) over 5 tons but not exceeding 10 tons (ii) over 20 tons but not exceeding 40 tons

and insert in lieu thereof:— Base Addi- Rate tional

Rate $ $

Driver Traverse Crane 161.10 41.40 Driver of Mobile Crane of lifting capacity:—

(i) up to 5 tonnes 158.70 40.60 (ii) over 5 tonnes but not

exceeding 10 tonnes 161.10 41.40 (iii) over 10 tonnes but not

exceeding 20 tonnes 164.40 42.10 (iv) over 20 tonnes but not

exceeding 40 tonnes 167.20 42.90 (v) over 40 tonnes but not

exceeding 80 tonnes 170.30 43.60 (vi) over 80 tonnes 174.80 44.30

COUNTRY HIGH SCHOOLS HOSTELS. Award No. 74 of 1979.


No. 113 of 1980. Between Federated Miscellaneous Workers' Union of

Australia, West Australian Branch, Union of Workers, Applicant, and Country High School Hostels Authority, Respondent.

HAVING heard Mr J. A. McGinty on behalf of the applicant and Mr R. L. Rotton on behalf of the respondent, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 16 of the Industrial Arbitration Act, 1979 and in pursuance of the powers contained in section 40 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Country High School Hostels Award No. 7A of 1979 as amended, be and the same is hereby futher amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the 21st day of January, 1980.


(Sgd.) B. J. COLLIER, [L.S.] Commissioner.

Schedule. 1. Clause 2.—Arrangement: After the number and

title "32.—Wages" add the number and title "33.—Maternity Leave".


2. Clause 33.—Maternity Leave: After clause 32.—Wages, add the following new clause:—

33.—Maternity Leave. (1) Eligibility for Maternity Leave.

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

For the purposes of this clause:— (a) A worker shall include a part-time

worker but shall not include a worker engaged upon casual or seasonal work.

(b) Maternity leave shall mean unpaid maternity leave.

(2) Period of Leave and Commencement of Leave.

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

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

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

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

(3) Transfer to a Safe Job. Where in the opinion of a duly qualified

medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the worker make it inadvisable for the worker to continue at her present work, the worker shall, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

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

(4) Variation of Period of Maternity Leave. (a) Provided the addition does not

extend the maternity leave beyond 52 weeks, the period may be lengthened

once only, save with the agreement of the employer, by the worker giving not less that 14 days' notice in writing stating the period by which the leave is to be lengthened.

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

(5) Cancellation of Maternity Leave. (a) Maternity leave, applied for but not

commenced, shall be cancelled when the pregnancy of a worker terminates other than by the birth of a living child.

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

(6) Special Maternity Leave and Sick Leave. (a) Where the pregnancy of a worker not

then on maternity leave terminates after 28 weeks other than by the birth of a living child then—

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

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

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

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

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


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

(7) Maternity Leave and Other Leave Entitlements.

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

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

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

(8) Effect of Maternity Leave on Employment. Notwithstanding any award or other

provision to the contrary, absence on maternity leave shall not break the continuity of service of a worker but shall not be taken into account in calculating the period of service for any purpose of the award.

(9) Termination of Employment. (a) A worker on maternity leave may

terminate her employment at any time during the period of leave by notice given in accordance with this award.

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

(10) Return to Work After Maternity Leave. (a) A worker shall confirm her intention

of returning to her work by notice in writing to the employer given not less than four weeks prior ■ to the expiration of her period of maternity leave.

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

(11) Replacement Workers. (a) A replacement worker is a worker

specifically engaged as a result of a worker proceeding on maternity leave.

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

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

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

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

ENGINE DRIVERS (Building and Steel Construction).



Between the Federated Engine Drivers and Firemen's Union of Workers of Western Australia, Applicant, and Master Builders Association of Western Australia (Union of Employers), Perth and others, Respondents.

Before Mr Commissioner D. E. Cort. The 17th day of March, 1980.

Mr M. J. Hurley on behalf of the applicant. Mr G. R. Gillies on behalf of the respondents.

Reasons for Decision. THE COMMISSIONER: This is an application by the Federated Engine Drivers and Firemen's Union of Workers of Western Australia to amend Clause 22.—Travelling Allowance and Clause 28.—Wages of the Engine Drivers (Building and Steel Construction) Award No. 20 of 1973. The claim is founded on recent alterations to the Building Trades Award in force in this State.

Clause 28.—Wages. The claim is directed only at the rates of pay,

inclusive of construction allowance, set out in subclause (2) of Clause 28. That subclause applies to workers on multi-storeyed building work within a radius of 13 kilometres from the General Post Office, Perth and it is common ground that, presently, an amount of $8.10 is included in the rates by way of construction allowance. That amount was the allowance prescribed in the Building Trades Award but recently that allowance was increased to $9.20 per week.


The claim is granted. The application is concerned only with those workers whose total rate of wage has been formulated having regard to rates payable to builders' labourers. There is no reason to now distinguish these crane drivers from those labourers by withholding an increase in the construction allowance.

During the proceedings the question was raised as to whether the relationship referred to, and which was agreed to in 1974, is truly reflected in the Award. That could be looked at when the wage rates are next under review but it is suggested that the clause should now state the method by which the rates are to be altered with wage indexation.

Clause 22.—Travelling Allowance. The claim is that, where a worker is required to

report directly to a job within a radius of 50 kilometres from the General Post Office, Perth, or the main post office in a town outside that radius in which the employer's depot is situated, he should be paid an allowance of $3.90 per day to compensate for excess fares and travelling time. For travelling to a job outside that radius it is claimed that an additional amount should be payable calculated on time reasonably spent in travelling outside the designated radius.

The claim reflects the principle contained in the Building Trades Award but not the wording thereof. It was stated by the union:—

. . . The principle is the same but we have changed the verbiage slightly. We believe it is clearer and easier to follow. If we had inserted the full clause from the Building Construction Award it would have meant some consequential amendments to some of our clauses.

At the moment clause 22 prescribes a daily allowance of $1.80 for work on jobs within a 30 kilometre radius of the General Post Office or, as the. case may be, the main post office. On a job outside that radius but up to a 53 kilometre radius an additional 8 cents per kilometre is payable. A job beyond a 53 kilometre radius is deemed to be distant work unless the employer and the union agree otherwise in which case an additional ten cents is paid for each kilometre beyond the 53 kilometre radius.

The respondent employers oppose the claim generally as the alteration of the National Building Trades Award represented part of a "package" which, in view of wage increases allowed to crane drivers other than on a multi-storeyed building in and around Perth, is said by the employers to be neither relevant to, nor appropriate for, this award.

It is desirable for the fares and travelling allowance payable to workers on the one construction site to be uniform. Such a result should not be attained however "for its own sake" (see 59 W.A.I.G. 233) or by depriving parties to a particular award of a right to express an opinion if it may create anomalies and inconsistencies as between awards of this Commission or irrespective of the circumstances.

In the instant case the decision of the Australian Conciliation and Arbitration Commission dated the 5th November, 1979, which approved of an agreement between the parties with respect to the fares and travelling time allowance for building workers is recognised (see Exhibit A). That agreement has been called a "package" and there is no reason why the crane drivers previously referred to in this' decision, being those employed on the erection of multi-storeyed buildings, should not be included in that package. This conclusion caused the Commission to question whether or not it was practicable to prescribe two rates in the award. One, namely $3-90, as in the National Building Trades Award and another, in view of the method used to

calculate that figure, amounting to $2.50. As I understand what has been said by the employers the existing allowance of $1.80 could be increased to such an extent.

Neither the union nor the employers consider that it would be desirable to introduce two rates. In this context, and accepting the nature of the "package", it seems that, in view of the influence which the Building Trades Award has had on the basic fares and travelling time allowance for these workers, it would be more proper to continue that relationship notwithstanding the "package" rather than to deprive some of these workers of a just entitlement.

The other provisions in the clause are of some concern. For some time these have been different from those in the National Building Trades Award and in these proceedings the Union has claimed provisions said to be "clearer and easier to follow" than those in that Award. On the other hand the Commission, as presently constituted, in a decision issued today with respect to a claim involving construction workers at Muja has questioned certain aspects of the existing clause.

In my view all the relevant provisions in this award and those in the Metal Trades (General) Award No. 13 of 1965 should be reviewed with respect to the fares and travelling time allowance to be paid on construction sites and particularly those away from Perth where the employer does not have a depot in the nearest town. At the same time, the provisions in the Building Trades Award could be analysed.

In the meantime, and in the absence of a submission to alter the existing structure of the clause other than by reference to the Building Trades Award, the structure of the existing award will be maintained but with such amendments as seem to necessary to give effect to the decision herein and to recognise the changes brought about thereby as well as by increasing costs.

The minutes of the proposed order will now issue and at the speaking to minutes the parties will be given an opportunity to be heard in relation to the other provisions in the clause.

Minutes of Proposed Order. 1. Clause 22.—Travelling Allowance: Delete

subclause (2) of this Clause and insert in lieu:— (2) For all workers required on any day to

report directly to the job the following allowance shall be paid to compensate for excess fares and travelling time from the worker's home to his place of work and return:—

(i) On places of work within a radius of 50 kilometres from the General Post Office, Perth—$3.90 cents per day.

(ii) For each additional kilometre to a radius of 60 kilometres from the General Post Office, Perth—20 cents per kilometre.

(iii) Subject to the provisions of paragraph (iv) of this subclause work performed at a place beyond a 60 kilometre radius from the General Post Office, Perth shall be deemed to be distant work unless the employer and the workers, with the consent of the Union, agree in any particular case that the travelling allowance for such work shall be paid under this Clause, in which case an additional allowance of 20 cents per kilometre shall be paid for each kilometre in excess of the 60 kilometre radius.

:8 [23rd April, 1980.

liv) In respect of work carried out from an employer's depot situated more than 60 kilometres from the General Post Office, Perth, the main post office in the town in which such depot is situated shall be the centre for the purpose of calculating the allowance to be paid,

(v) Where transport to and from the job is provided by the employer from and to his depot or such other place more convenient to the worker and is mutually agreed upon between the employer and the worker, half the rates prescribed above shall be paid.

2. Clause 28.—Wages: Delete paragraph (a) of subclause (2) of this Clause and insert in lieu:—

(a) Notwithstanding the provisions of subclause (1) of this Clause the following rates, inclusive of construction allowance, shall be paid on multi-storeyed building work within a radius of 13 kilometres from the General Post Office, Perth:—

(i) Driver of mobile crane— with lifting capacity to 5

tonnes with lifting capacity 5 tonnes

to 10 tonnes with lifting capacity 10 tonnes



to 80 tonnes with lifting capacity exceeding

80 tonnes (ii) Driver of stiff leg crane mounted

on building or tower crane on building work

214.93

217.63

220.43

223.33

226.23

228.93

228.93


No. 546 of 1979. Between The Federated Engine Drivers and

Firemen's Union of Workers of Western Australia, Applicant, and Master Builders Association of Western Australia (Union of Employers) Perth and Others, Respondents.

Order. HAVING heard Mr M. J. Hurley on behalf of the applicant and Mr G. R. Gillies on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders—

That the Engine Drivers' (Building and Steel Construction) Award Nod. 20 of 1973 as varied and consolidated, be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 4th day of January, 1980, in respect to Clause 28.—Wages and otherwise as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. 1. Clause 22.—Travelling Allowance: Delete

subclause (2) of this Clause and insert in lieu:— (2) For all workers required on any day to

report directly to the job the following allowance shall be paid to compensate for excess fares and travelling time from the worker's home to his place of work and return:

(i) On places of work within a radius of 50 kilometres from the General Post Office, Perth—$3.90 per day.

(ii) For each additional kilometre to a radius of 60 kilometres from the General Post Office, Perth—20 cents per kilometre.

(iii) Subject to the provisions of paragraph (iv) of this subclause work performed at a place beyond a 60 kilometre radius from the General Post Office, Perth shall be deemed to be distant work unless the employer and the workers, with the consent of the Union, agree in any particular case that the travelling allowance for such work shall be paid under this Clause, in which case an additional allowance of 20 cents per kilometre shall be paid for each kilometre in excess of the 60 kilometre radius.

(iv) In respect of work carried out from an employer's depot situated more than 60 kilometres from the General Post Office, Perth, the main post office in the town in which such depot is situated shall be the centre for the purpose of calculating the allowance to be paid.

(v) Where transport to and from the job is provided by the employer from and to his depot or such other place more convenient to the worker and is mutually agreed upon between the employer and the worker, half the rates prescribed above shall be paid.

2. Clause 28.—Wages: Delete paragraph (a) of subclause (2) of this Clause and insert in lieu:—

(a) Notwithstanding the provisions of subclause (1) of this Clause the following rates, inclusive of construction allowance, shall be paid on multi-storeyed building work within a radius of 13 kilometres from the General Post Office, Perth:—

(i) Driver of mobile crane— with lifting capacity to 5

tonnes with lifting capacity 5 tonnes




to 80 tonnes with lifting capacity exceeding

80 tonnes (ii) Driver of stiff leg crane mounted

on building or tower crane on building work

214.93

217.63

220.43

223.33

226.23

228.93

228.93

23rd April, 1980. J

ENGINE DRIVERS (Country Power Stations—S.E.C.).



Between The Federated Engine Drivers' and Firemen's Union of Workers of Western Australia, Applicant, and The State Energy Commission of Western Australia, Respondent.

Order. HAVING heard Mr M. J. Hurley and later Mr R. A. Keegan on behalf of the applicant and Mr A. P. Grealy on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Engine Drivers' Country Power Stations (State Energy Commission) Award Nod. 19 of 1975 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 13th day of March, 1980.

Dated at Perth this 21st day of March, 1980.


Schedule. Clause 21.—Special Provisions: Delete subclause

(4) thereof and insert in lieu:— (4) (a) Workers employed on power station

plant shall be paid an allowance of $9 per week for disabilities associated with power station operating work.

(b) The provisions of this subclause shall not apply to workers engaged in small generating stations where no rotating or alternating shift work roster applies.

Clause 24.—Wages: Delete this clause and insert in lieu:—

24.—Wages. (1) Workers shall be paid the rate assigned to

his class of work. Rate per

week $

Engine Driver on Station with an output of:—

(a) eleven megawatts or less.. 183.90 (b) more than eleven

megawatts but not more than twenty megawatts.... 187.40

(c) more than twenty megawatts 190.90

Greaser 168.80 Cleaner (Power Station) 167.40

(2) Additions to rate—An Engine Driver engaged as hereinafter specified shall have his rate increased as follows:—

(a) Attending to an electric generator or dynamo exceeding 10 kW capacity 10.20

(b) Attending to switchboard where the generating capacity is 350 kW or over 3.15

549

ENGINE DRIVERS (S.E.C.).


INDUSTRIAL COMMISSION


Firemen's Union of Workers of Western Australia, Applicant, and The State Energy Commission of Western Australia, Respondent.

Before Mr Commissioner D. E. Cort. The 7th day of March, 1980.

Mr R. A. Keegan on behalf of the applicant. Mr A. P. Grealy on behalf of the respondent.

Reasons for decision. THE COMMISSIONER: This is an application by the Federated Engine Drivers and Firemen's Union of Workers of Western Australia to amend Clause 30.—Wages of the Engine Drivers (State Energy Commission) Award No. 15 of 1977. That award was issued by the Commission on the 9th day of December, 1977 (58 W.A.I.G. 18) and in the making thereof the Commission looked to relevant rates applicable to like workers in Victoria and implemented the so called "better of two worlds" approach which has been discussed and accepted by the Commission in Court Session in a decision relating to the Engineering Trades (State Energy Commission) Award No. 1 of 1969 (59 W.A.I.G. 385). It is not proposed to alter that approach.

The total wage payable to each worker employed in the callings mentioned in Clause 30.—Wages is comprised of a base rate, a special payment and a service increment. The base rate is that which is applicable to like workers employed by the State Electricity Commission Victoria, the special payment is that previously applicable to engineering workers employed by the Energy Commission and the service increment is that which applies generally to wages employees of that Commission.

In this matter the union points to a recent increase in the wage rates for workers employed by the State Electricity Commission, Victoria and asks that those increases be reflected in the base rates prescribed in the award in this State. If that were done existing total wage rates would be increased, generally, by either $7.80 or $9.90 per week.

In the broad the employer agrees that the base rate should be amended in the manner claimed by the union but argues that, in all of the circumstances, the special payment should be altered so that the total wage for each classification, as distinct from the base rate, should be the same as that in Victoria. This would mean that wages would increase by amounts ranging from eighty cents for a boiler cleaner to over $11.00 per week for most crane drivers and tractor drivers and to more than $12.00 per week for some of those drivers.

Subject to what is to follow the employer's suggestion has been adopted although as will be seen in principle only. This is, first, because the Engineering Trades Award does not presently prescribe any special payments—this will be discussed later—and, secondly, the employer has suggested total wage rates which—

are in accordance with the "fundamental basis" upon which wages have been fixed in this industry, namely a comparison with Victorian rates; are generally in excess of those claimed by the union;

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd April, 1980. 550

are such as to appear to satisfy the reservations with respect to special payments as expressed by the Commission in Court Session in February, 1979. (refer 59 W.A.I.G. 385).

In referring now to the special payments which are applicable it is convenient to mention the Engineering Trades Award and proceedings in connection therewith.

In 1971 in conference proceedings which also involved a number of unions with members employed by the State Energy Commission, including the Engine Drivers Union, a recommendation was put to the parties by the presiding Commissioner. In making that recommendation, and after referring to the basis upon which rates of pay for engineering workers had been fixed, the Commissioner said:—

.... and as I agree that comparison with Eastern States' electricity undertakings should remain as the fundamental basis on which wages should be fixed in this industry, it is important that any recommendation now made should be in such a form that it will assist, rather than hinder, the future use of that basic comparison,

and later— .... I have no hesitation, therefore, in accepting the view that whilst comparability with the Eastern States' electricity industry should remain the base, an adjustment may properly be made from time to time if it appears that rates in the S.E.C. would otherwise lag considerably behind the rates in general industry in this State for some time....

and as a consequence, whilst a comparison with the Victorian rates of pay remained the fundamental basis of the total wage for, say, engineering tradesmen in this State the special payment was increased in order that the tradesman's total wage did not "lag considerably behind the rates in general industry in this State". In making that comparison the base rate, the special payment and the service payment was taken into account and in the result the total wage exceeded that in Victoria.

The concept was approved by the Commission in Court Session in February, 1979, in the Engineering Case but questions were raised as to whether, irrespective of all else, the special payment felt proper for tradesmen should influence the level of the payment for other workers. This was discussed further in the Storemans' Case where the base rates of pay had moved independently of those for engineering workers (59 W.A.I.G. 786) and, more recently, in a decision of the Commission dated the 28th February, 1980, with respect to gas workers (not yet reported).

Finally an application with respect to rates of pay for workers covered by the Engineering Trades Award was the subject of a decision of the Commission dated the 18th January, 1980, and in that matter an interim order issued prescribing total wages, as distinct from base rates and special payments (60 W.A.I.G. 213). The circumstances which led to the making of that interim order and the form in which it was issued are discussed in that decision and need not be repeated. Those factors do not apply to this matter but special payments are not expressed therein and it would be wrong for the Commission to give the impression, as is suggested by the Union, that each of those payments will remain at the level in force prior to the issuance of that interim order.

There is no doubt that the fundamental basis upon which these rates have been fixed is by comparison with rates of pay in Victoria. In the context of the February, 1979, decision of the Commission in Court Session it is my view that, in any event, the "engineering trades special payments" should not be

applied if an effect of so doing would be to fix a total wage below that in Victoria nor in my opinion should such payments distort award wage relativities.

The total wage for at least some of these workers like engineering workers has been in excess of the relevant Victorian wage and whether or not that difference should remain and the extent to which, if at all, the wage rates should be greater than those in Victoria may depend upon the outcome of the engineering trades case. Furthermore, and more importantly, to implement the employer's suggestion in full, and by so doing to prescribe differing special payments may be to create difficulties where none exist at the moment.

It seems more desirable, therefore, to issue an interim order to give expression to the wage rates as total rates and by so doing to phase in the total wage relativity suggested by the employer in exhibit 2. This phasing in could well be completed on the next occasion that wage rates are altered whether by indexation or otherwise. Such a course will enable all concerned to consider what is, and what may be, involved in this regard the wage increase suggested by the employer for the plant cleaner is too low relatively speaking. However I do not consider that the total maximum wage claimed by the union for that worker should be $7.00 per week higher than that for his Victorian counterpart when, under the claim, the total maximum wage for a turbine driver would be $1.10 ahead of the Victorian rate.

The minutes of the proposed order will now issue. In connection therewith it is necessary to state, in particular, that the existing wage relationship between the boiler controller and the unit attendant grade 1 has been maintained; that the 1977 differential between grade 2 workers and grade 3 workers has not been disturbed, and that, otherwise, the Victorian rate is felt to be the correct basis for total rates of pay. It follows from what has been said however that by this phasing in order the increase to the plant cleaner is higher than it would otherwise be and for others somewhat lower and that the terms of the final order may well depend on the outcome of the engineering case. Finally the parties are required to introduce the "metric measure" throughout the clause, the structure of which is such that it would be best for the automatic adjustment of wage rates to be suspended for the time.

Order accordingly.

Schedule. Clause 30.—Wages: Delete this clause and insert in

lieu:— 30.—Wages.

(1) Workers shall be paid the total rate assigned to his class of work.

Rate per

week $

DIVISION "A"— Grade 1 173.00

Plant Cleaners Grade 2 184.00

Includes the work of:— Shunter Fuelman Ash Plant Attendant Oil Filter and Separator Attendant Greaser Laboratory Attendant Bunker Attendant


GradeS 187.20 Includes the work of:—

Tippler Driver Boiler Cleaner Hoist Attendant Greaser Driver

Grade 4 190.30 Includes the work of:— Auxiliary Plant Attendant Coal Plant Operator

DIVISION "B"— Diesel Locomotive Driver 203.50 Unit Auxiliary Attendant 200.00 Boiler Water Tester 200.00 Unit Attendant Grade 2 208.50 Turbine Driver 208.50 Boiler Controller 214.00 Unit Attendant Grade 1 252.00

DIVISION "C" Turbine Room Crane Driver 199.50 Mobile Crane Drivers—

up to 5 tons 196.60 5 tons up to 10 tons 199.50 over 10 tons up to 20 tons 203.60 over 20 tons up to 40 tons 206.40

DIVISION "D"— Pneumatic tyred tractors using

power operated attachments— up to 50 b.h.p 194.30 over 50 b.h.p 199.00

Crawler Tractors using power operated attachments—

up to Class 2 194.30 Class 3 and 4 199.00 Class 5 and 6 203.00 Class 7 and 8 205.30 Class 9 207.70

Note: Crawler Tractors are classified in accordance with Australian Standard D4—1964 "Classification of Crawler Tractor by Weight" as follows:—

Class Shipping Weight—Pounds 1 up to 3 000 2 over 3 000 up to 6 000 3 over 6 000 up to 10 000 4 over 10 000 up to 15 000 5 over 15 000 up to 25 000 6 over 25 000 up to 40 000 7 over 40 000 up to 60 000 8 over 60 000 up to 80 000 9 over 80 000

(2) Leading hands placed in charge of:— (a) not less than three and not

more than ten other workers shall be paid extra :

(b) more than ten and not more than twenty other workers shall be paid extra

(c) more than twenty other workers shall be paid extra



Firemen's Union of Workers of Western Australia, Applicant, and The State Energy Commission of Western Australia, Respondent.

Order. HAVING heard Mr R. A. Keegan on behalf of the applicant and Mr A. P. Grealy on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Engine Drivers' (State Energy Commission) Award No. 15 of 1977 as varied be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 15th day of February, 1980, in respect of work in ordinary hours and as from the beginning of the first pay period commencing on or after the date hereof for all purposes of the award.


(Sgd.) D. CORT, IL.S.l Commissioner.

Schedule. Clause 30.—Wages: Delete this clause and insert in

lieu:— 30.—Wages.

(1) Workers shall be paid the total rate assigned to his class of work.

Rate

DIVISION "A"— Grade 1

Plant Cleaners 173.00

Grade 2 184.00 Includes the work of:—

Shunter Fuelman Ash Plant Attendant Oil Filter and Separator Attendant Greaser Laboratory Attendant Bunker Attendant

GradeS 187.20 Includes the work of:—

Tippler Driver Boiler Cleaner Hoist Attendant Greaser Driver

Grade 4 191.30 Includes the work of:—

Auxiliary Plant Attendant Coal Plant Operator

DIVISION "B"— Diesel Locomotive Driver 203.50 Unit Auxiliary Attendant 200.00 Boiler Water Tester 200.00 Unit Attendant Grade 2 208.50 Turbine Driver 208.50 Boiler Controller 214.00 Unit Attendant Grade 1 252.00

552 W 23rd April, 1980.

Rate per

week I

DIVISION "C"— Turbine Room Crane Driver 199.50 Mobile Crane Drivers—

up to 5 tons 196.60 5 tons up to 10 tons 199.50 over 10 tons up to 20 tons 203.60 over 20 tons up to 40 tons 206.40

DIVISION "D"— Pneumatic tyred tractors using

power operated attachments— up to 50 b.h.p 194.30 overSOb.h.p 199.00

Crawler Tractors using power operated attachments—

up to Class 2 194.30 Class 3 and 4 198.90 Class 5 and 6 203.00 Class 7 and 8 205.30 Class 9 208.70

Note: Crawler Tractors are classified in accordance with Australian Standard D4—1964 "Classification of Crawler Tractor by Weight" as follows:—

Class Shipping Weight—Pounds 1 up to 3 000 2 over 3 000 up to 6 000 3 over 6 000 up to 10 000 4 over 10 000 up to 15 000 5 over 15 000 up to 25 000 6 over 25 000 up to 40 000 7 over 40 000 up to 60 000 8 over 60 000 up to 80 000 9 over 80 000

Per week

$ (2) Leading hands placed in charge of:—

(a) not less than three and not more than ten other workers shall be paid extra r 10.00

(b) more than ten and not more than twenty other workers shall be paid extra 14.90

(c) more than twenty other workers shall be paid extra 19.20

EN GINEERIN G (S.E.C.).



Between Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth, Applicant, and The State Energy Commission of Western Australia, Respondent.

Order. HAVING heard Mr A. R. Beech on behalf of the applicant and Mr A. P. Grealy on behalf of the respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Engineering Trades (State Energy Commission) Award No. 1 of 1969 as varied and consolidated, be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the date hereof.



Clause 10.—Payment for sickness: Delete this clause and insert in lieu:—

10.—Payment for Sickness. (1) (a) A worker shall be entitled to payment

for non-attendance on the ground of personal ill- health or unjury for one sixth of a week's pay for each completed month of service.

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

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

(2) For the purpose of this clause, the expression "non-attendance on the ground of personal ill-health" shall be deemed to include absence of a worker for not more than three consecutive working days due to the unexpected critical illness of a member of the worker's immediate family (i.e. wife, parent, child, brother or sister) but only if and to the extent that the worker proves to the satisfaction of the employer that his absence was necessary.

(3) Except as provided in subclause (2) of this clause, a worker shall not be entitled to the benefit of this clause unless he produces proof of sickness to the satisfaction of tne employer, but 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.

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

23rd April, 1980.]

(b) Application for replacement shall be made within seven days of resuming work and then only if the worker 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 worker of the obligation to advise the employer in accordance with Clause 9.—Absence from Duty, 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 worker 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 (e) 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 worker or, failing agreement, shall be added to the worker's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 12.—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 12.—Annual Leave, snail be deemed to have been paid with respect to the replaced annual leave.

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

HOSPITAL EMPLOYEES (Government).



Between The Hospital Employees' Industrial Union of Workers, Western Australia, Applicant, and The Minister for Health and Others, Respondents.

Before Mr Commissioner G. A. Johnson. The 29th day of February, 1980.

Mr 0. K. Salmon on behalf of the applicant. Mr M. P. Orrell on behalf of the respondents. Mr J. A. McGinty intervening on behalf of the

Metropolitan Laundry Employees' Union.

Judgment. THE COMMISSIONER: This is an application to amend the Hospital Workers (Government) Award No. 21 ofT966 with respect to long service leave. The

553

award provides that employers shall extend to employees the conditions of long service leave generally applicable to Government wages employees. Those conditions are contained in what is known as The Government Wages Employees Long Service Leave Conditions which for all intents and purposes is a statement of policy by the Government with respect to its employees who are not otherwise provided long service leave by means of award or statutory prescription.

The conditions have been in operation since 1927 and have over the years been amended from time to time to reflect changing attitudes of successive Governments which in some instances have been brought about by the submissions of combined union representation. As the name implies, the conditions apply generally to wage employees in Government who as a group are distinguished from salaried officers and their long service leave conditions which are different. That difference which is the subject of these proceedings concerns the qualifying periods for entitlement. In the case of wage employees, three months long service leave accrues initially after each of two periods of 10 years service and thereafter after successive periods of seven years service (10, 10, 7). In the case of salaried staff three months long service leave accrues after each period of seven years service (7, 7, 7). The claim originally filed by the union sought to include the salaried employees conditions for entitlement in the award but the claim was amended to conform with the decision of this Commission made with respect to a reference of industrial dispute concerning nursing aides and assistants in which the qualifying period was fixed at 10 years for the first quantum of leave and seven years for successive quanta (10, 7, 7). (59 W.A.I.G. 533.)

Long service leave conditions for salaried staff arise out of the Public Service Act, 1978, and are applied to public servants by the operation of that Act, to Government Officers other than public servants by awards of the Public Service Arbitrator and to employees subject to this jurisdiction by awards of the Commission. Of this last group, the salaried officers employed by public hospitals in this State are the persons with whom the applicant in these proceedings seeks a direct comparison.

Over the years, unions registered pursuant to the provisions of the Industrial Arbitration Act, 1912, have made many representations to this Commission and the Court before it to improve the long service leave conditions of their members in Government service nearly always with the Public Service provisions as the prime objective. Those applications which have relied upon simple comparative condition justice in general terms have failed and the most recent important decision of that sort can be seen in R34/75 (56 W.A.I.G. 1106). Other applications which have relied upon particular factors have in some cases been successful.

Dental Hospital Case (58 W.A.I.G. 47), State Energy Commission Case (57 W.A.I.G. 958), State Shipping Case (57 W.A.I.G. 59) and Aides and Assistants Case (59 W.A.I.G. 533).

Ah examination of those reasons for decision will demonstrate that the Commission sees the Conditions as a standard for Government wage employees which should be maintained unless it is established that a particular group is subject to special circumstances making that standard inappropriate.

The union submitted a number of grounds in support of its application; those of which being of a general nature and applicable to all wage employees of the Government are not dealt with in these reasons as they are more appropriate to an argument before


[23rd April, 1980.

the Commission in Court Session. Others looked to the particular circumstances of the employees subject to this award and it is to those submissions I now turn.

By way of example, the union seeks to establish as a primary contention the fact that the work of a number of wage employees in hospitals is the same as that done by salaried officers, that work done by some salaried officers is only part of the work of certain wage employees and that the level of skill and responsibility of some wage employees far exceeds that exercised by some salaried officers, so that when all of these factors are brought together there would seem to be no jusification for discrimination in the conditions of employment of the two groups. In passing, it is worthy of noting that the members of the union are currently conducting a campaign drawing attention to the differences in the conditions of their employment and those of the salaried officers with that attention directed to hours of work, public holidays, sick leave, short leave and long service leave.

The employers in reply concede that there may be some anomalous situations but that these should not be the deciding factor in determining conditions for the vast bulk of the wage employees in hospitals.

History plays an important part in the determination of applications of this sort and 1956 is chosen as an initial reference point for reasons which will become apparent in the next paragraph. At that time, the applicant union in these proceedings (H.E.U.) had had award coverage of a wide range of wage employees in hospitals for many years. A glance at the award amendment of the wage clause in 1956 will illustrate the range and, diversity of the classifications in the manual, skilled and supervisory areas of hospital work. (35 W.A.I.G. 49.)

At that time, the salaried officers in hospitals were the subject of a number of registered industrial agreements between the Civil Service Association of Western Australia (Inc.) and the Boards of Management of the Royal Perth Hospital, Princess Margaret Hospital for Children and Fremantle Hospital. These agreements contained classifications for clerical, administrative and professional officers and what, had they been in the Public Service, would have been General Division officers for example, laboratory, X-ray, pharmacy, and dark room assistants. Generally, the conditions contained in the agreements reflected the Public Service conditions (see 31 W.A.I.G. 89 for example). It is not clear why there were both wage employees and salaried employees in hospitals. Probably, those employees who could be likened to public servants were paid a salary and the rest were paid wages. During 1954- 1955 the Hospital Salaried Officers Association (H.S.O.A.) came into being (34 W.A.I.G. 542 and 35 W.A.I.G. 94) and its constitution rule permitted a membership of salaried officers employed by the Royal Perth (R.P.H.), Fremantle (F) and Princess Margaret (P.M.H.) Hospitals.

Its first award issued in 1956 (36 W.A.I.G. 464) and, although it did not contain a wages clause setting out the classifications of employees, the body of the award indicates some of the classifications covered by the award. Of those, the following are relevant in these proceedings—Storekeeper R.P.H. and P.M.H, Laundry Foreman R.P.H., Head Orderly R.P.H., Housekeeper R.P.H., Food Supervisors R.P.H. and P.M.H., Female Assistants (Dark Room, Pharmacy and Blood Bank), Physiotherapy Assistants. Similar classifications in the H.E.U. award of the time are Storekeeper (Sunset), Laundry Foremen (other than R.P.H.), Housekeeper, Head Gardeners, Domestic Supervisors, Laundry Supervisors, Linen Supervisors, Head Orderly, nursing attendants and laboratory attendants.

Since then, major expansion has occurred in the hospital industry and the range of work covered by the H.S.O.A. award has been extended accordingly. An examination of the classification schedule of the current award with particular attention to Schedule E will illustrate the range of work done today (60 W.A.I.G. 66 at p. 88). By contrast, the range of work covered by the H.E.U. award has remained relatively static over the same period (59 W.A.I.G. 1533 at p. 1539).

I do not propose carrying out a classification by classification comparison between the two awards as it is ohvious by casual inspection that the sort of work done by many of the classifications in Schedule E of the H.S.O.A. award is similar to that done by many of the classifications in the H.E.U. award. The clear exception to that statement exists in the case of those employees classified within Group 1 of the H.E.U. award, as there does not appear to be a group within the H.S.O.A. award who exercise equivalent skill. This particular point was made in a recent decision of the Commission when rates of pay of employees of the two awards were compared (59 W.A.I.G. 1533).

So far as those classifications above Group 1 are concerned, there does not appear to he any peculiarity in the work, skill or responsibility which permits a conclusion that a particular classification is clearly and appropriately included in the H.S.O.A. award rather than the H.E.U. award. One may speculate of course and conclude that the simple requirement in the constitution rule of the H.S.O.A. in the 12 years following 1954 that persons be paid a salary to be eligible for membership permitted award coverage of a wide range of work without having regard for the implications. That coupled with what might be described as a benevolent attitude of the H.E.U. at the time allowed what was an anomaly of chance in 1954 to become an entrenched practice in the years that followed.

In 1966, the H.S.O.A. constitution rule was amended to describe more clearly the sorts of persons eligible to become members (46 W.A.I.G. 1180) but no real attempt was made to examine the meaning of the words used and it was left to the two awards and their respective replacements to delineate the boundaries of interest of the two unions. Subsequent events have proved that practice wrong and reference is made to a number of decisions of this Commission which have relevance (H.E.U. Case 55 W.A.I.G. 1479 at p. 1480, H.S.O.A. Cases 55 W.A.I.G. 1635 and 59 W.A.LG. 1733). Suffice it to say that the years have allowed an irrational situation to develop which is probably retrievable only by extreme action.

That aside the fact remains that today most of the classifications above Group 1 in the H.E.U. award could be included in Schedule E of the H.S.O.A. award without upsetting the balance that exists in the range of classifications now contained in the schedule. The employer submitted that, as some 74 per cent of the employees subject to the H.E.U. award are classified in Group 1, the weight to be given the anomalous position if one does exist of the remaining 26 per cent is not of itself sufficient to justify extending the H.S.O.A. long service leave conditions to employees subject to the H.E.U. award.

Emphasis was properly placed by the employer on the fact that many of the classifications in Group 1 and in some of the other sections of the wages clause of the H.E.U. award are common to other awards regulating the conditions of Government wage employees and cleaners, cooks, drivers, storemen, gardeners, kitchen and food service staff, tradesmen and laundry workers would be examples. There is nothing according to the employer which sets those classifications aside when employed in hospitals as opposed to being employed elsewhere in Government.


I have no difficulty in concluding that history has dealt unjustly with the more senior employees the subject of the H.E.U. award. The examples raised in the proceedings are sufficient by themselves without recalling others which are known to me to justify a move similar to that made in the Aides and Assistants case when it was said—

I am of the opinion that the circumstances relating to aides and assistants are such as to warrant special consideration. This does not mean that their conditions should be the same as those applying to Hospital Salaried Officers but that, like workers employed by the State Energy Commission, some change should take place to reduce the level of difference between the salaried and wages staff (57 W.A.I.G. 958). The extent to which that change will be made in the Government award goes to reducing the second qualifying period for long service leave from 10 years to seven years ... (59 W.A.I.G. 533 at p. 542.)

I accept that the work done by many of the workers covered by the H.E.U. award is indistinguishable from that done by others in Government service but they are part of an integrated system and the real question resolves itself into the simplest of terms. Does the merit generated by the system approach override the traditional demarcation confirmed in R34/75? (56 W.A.I.G. 1106.) I have given earnest consideration to this question and I believe equity, good conscience and substantial merit requires an answer in the affirmative and the application will be granted to the same extent that a similar claim in the aides and assistants case was granted (59 W.A.I.G. 533).

The other matters in dispute were put aside to allow the parties and other unions having an interest in the long service leave for Government employees to have discussion. I have not been advised of the results of any discussion.

The parties are directed to prepare the minutes of a proposed order to incorporate this decision and those matters if any agreed to as settlement of the claim. A speaking to those minutes will be arranged on request.


No. 326 of 1977. Between Hospital Employees' Industrial Union of

Workers, W.A., Applicant, and The Minister for Health and Others, Respondents.

Order. HAVING heard Mr 0. K. Salmon on behalf of the applicant and Mr M. P. Orrell on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Hospital Workers (Government) Award No. 21 of 1966 as varied and consolidated, be further varied in accordance with the following schedule and that such variation shall have effect on and from the date hereof.


(Sgd) G. A. JOHNSON, [L.S.] Commissioner.

Schedule. Delete Clause 25.—Long Service Leave and

substitute in lieu:— 25.—Long Service Leave.

(a) The conditions contained in the document Long Service Leave Conditions—State Government Wages Employees as consolidated by the Public Service Board in May, 1974 and amended in September, 1979 shall apply to workers covered by this award with the exception that on and from the 1st day of January, 1979 long service leave for the second and subsequent periods of service shall accrue at the rate of 13 weeks leave for seven years of continuous service.

(b) Any qualifying service, prior to 1st January, 1979, for the second period of long service leave, shall be calculated on a 10 year qualifying period basis but all qualifying service after 1st January, 1979 shall be calculated on a seven year qualifying period basis.

HOSPITAL SALARIED OFFICERS (Nursing Homes).

Award Nos, 18 and 19 of 1974. BEFORE THE WESTERN AUSTRALIAN


Between Hospital Salaried Officers Association of Western Australia (Union of Workers), Applicant, and Bassendean Nursing Home and Others, Respondents.

Order. HAVING heard Mr A. G. Barker on behalf of the applicant and Mr R. H. Gifford on behalf of the respondents, and by consent, the Commission pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Hospital Salaried Officers (Nursing Homes) Award Nos. 18 and 19 of 1974 as varied, be further varied in accordance with the following schedule and that such variation shall have effect on and from the date hereof.


(Sgd.) G. A. JOHNSON, IL.S.] Commissioner.

Schedule. Clause 18.—Car Allowance: Delete the schedule

"Rate of hire for use of worker's own vehicle on employer's business" and insert the following:—

Rates of hire for use of worker's own vehicle on employer's business.

Cents Per Kilometre.

Area and Details

Distance travelled each year on employer's business

Engine Displacement

(in cubic centimetres)

1600 Over cc 1600 and

cc under c/km c/km

Metropolitan Area— First 8 000 kilometres 19.4 Over 8 000 kilometres 12.9

South West Land Division— First 8 000 kilometres 20.0 Over 8 000 kilometres 13.3

North of 23.5 degrees South Latitude— First 8 000 kilometres 22.6 Over 8 000 kilometres 14.7

Rest Of The State— First 8 000 kilometres 20.9 Over 8 000 kilometres 13.8


Award No. 18 and 19 of 1974. BEFORE THE WESTERN AUSTRALIAN


Between Hospital Salaried Officers Association of Western Australia (Union of Workers), Applicant, and, the Association for the Blind of W.A. Inc. and Others, Respondents.

Order. HAVING heard Mr A. G. Barker on behalf of the applicant and Mr R. H. Gifford on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Hospital Salaried Officers (Nursing Homes) Award Nod. 18 and 19 of 1974 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 4th day of January, 1980.


(Sgd.) G. A. JOHNSON, fL.S.l Commissioner.

Schedule. Clause 28.—Salaries: Delete this Clause and insert

in lieu:— 28.—Salaries.

The following shall be the minimum rates of salaries payable to workers covered by this Award:—

(1) Clerical Officers: Salary

per annum

$ (a) Clerical Assistants:

15 years of age 3 979 16 years of age 4 412 17 years of age 4 876 18 years of age 5 690 19 years of age 6 590 20 years of age 7 363 21 years of age 8 063 22 years of age 8 332 23 years of age 8 607 24 years of age 8 881

(b) Machine Operators: The term "Machine Operator" shall mean and include Typists, Ledger Machinists and those workers whose substantial duties are of a similar nature.

Under 17 years of age 4 509 17 years of age 5 159 18 years of age 6 020 19 years of age 6 974 20 years of age 7 840 21 years of age 8 607 22 years of age 8 919 23 years of age 9 232 24 years of age 9 541 Provided that a Machine Operator

shall be paid in accordance with the rates of pay prescribed in subclause (1) (d) of this clause up to and including the 24 year old rate, if that worker can demonstrate that he or she is capable of performing shorthand writing and typing or typing and competence in the operation of an accounting and listing machine, at a satisfactory level.

(c) Senior Machine Operators: Chief Administrative Officer's Secretaries:

1st year 10 223 Thereafter 10 439 Provided that a Senior Machine

Operator or Chief Administrative Officer's Secretary who can demonstrate that he or she is capable of performing shorthand writing and typing or typing and competence in the operation of an accounting and listing machine, at a satisfactory level, shall be paid the following rates of pay:—

1st year 10 654 Thereafter 10 869

(d) Clerks: Book-keeper, Braille Hospital: Assistant Librarian, Braille Hospital:

16 years of age 4 717 17 years of age 5 512 18'yearsofage 6430 19 years of age 7 404 20 years of age 8 270 21 years of age 9 037 22 years of age 9 350


Salary per

annum $

23 years of age 9 663 24 years of age 9 972 25 years of age 10 283 26 years of age 10 587 27 years of age 10 939

(e) Wages Clerk, Homes of Peace: Subiaco:

1st year 11188 Thereafter 11549

Inglewood: 1st year 11909 Thereafter 12 226

(f) Purchasing Officer, Homes of Peace: 1st year 12 659 Thereafter 13 046

(g) Purchasing Officer, Braille Hospital: 1st year 11188 Thereafter 11549

(h) Administrative Officers (including Senior Clerks, Chief Clerks, Assistant Secreteries and all those workers whose substantial duties are those of Assistant to the Chief Administrative Officer); Chief Administrative Officers (including Administrators, Managing Secretaries and all those workers whose substantial duties are overall management of a nursing home or homes, other than the Administrator, Homes of Peace):

The minimum salary of any such officers employed by the Braille Hospital or the Homes of Peace shall be in accordance with one of the following classes, provided that the minimum salary of the "Administrative Officer—Homes of Peace, Inglewood" shall be in accordance with Class 5.

The minimum salary of any other such officers shall be in accordance with one of the following classes except that any dispute arising therefrom shall only be referred to the Industrial Commission if that officer is a member of the Union. Class 1.

1st year Thereafter

Class 2. 1st year Thereafter







11188 11549

11 909 12 266

12 659 13 046

13 454 13 872

14 284 14 699

15 138 15 582

16 020 16 905

17 350 17 789

Salary per

annum Class 9. $


Class 10. 1st year 19 225 Thereafter 19 753


(i) In the event of a dispute as to a worker's eligibility for payment of the rates referred to in the proviso to subclause (l)(b) of this clause or the rates of pay referred to in the proviso to subclause (l)(c) of this clause, the matter may be referred to the Board of Reference for determination.

(2) General Officers: (a) Technical Assistants: The term "Technical

Assistants" shall mean and include Occupational Therapy Assistants; Physiotherapy Assistants; Group Therapists; Activities Leaders; Craft Work Assistants; Handcraft Assistants; Welfare Officer, Special, Braille Hospital; Sewing Instructors, Braille Hospital; Potter instructors, Braille Hospital; Ceramics Instructors, Braille Hospital; Braille Instructors; Telephonist, Braille Hospital and those workers whose substantial duties are assistance or support to technical or professional officers. Salary

per annum

15 years of age 16 years of age 17 years of age 18 years of age 19 years of age 20 years of age 21 years of age 22 years of age 23 years of age 24 years of age

(b) Craftworker, Homes Of Peace: Public Relations Officer, Braille Hospital; Senior Pottery Instructor, Braille Hospital:

1st year 2nd year 3rd year 4th year Thereafter

(c) Welfare Officer, Braille Hospital; Wood Work Instructor, Braille Hospital; Maintenance Officer, Braille Hospital:

1st year Thereafter

(d) Senior Welfare Officer, Braille Hospital; Stores Clerk, Homes of Peace:

1st year Thereafter

(e) Catering/Domestic Supervisors, Homes of Peace:

1st year Thereafter

11070 11 433

(f) Assistant Engineer, Homes of Peace: 1st year Thereafter...

(g) Engineer, Homes of Peace: 1st year Thereafter

(3) Physiotherapists, Occupational Therapists and Medical Social Workers (Qualified):

Salary per

annum $

(a) Other than specified in (b), (c) and (d) hereof:

1st year of employment after qualification 11870

1 year's experience after qualification 12 625





6 year's experience after qualification or more 16 452

(b) Senior Physiotherapists and Occupational Therapists:

1st year 17 144 2nd year 17 492 3rd year 17 906 4th year 18 640

(c) Physiotherapists and Occupational Therapists In-Charge:

1st year 19116 2nd year 19 771

(d) Librarian, Braille Hospital: 1st year 12 266 2nd year 12 625 3rd year 12 949 Thereafter 13 284 The classification of Senior and In-Charge

workers shall be based upon the worker's degree of responsibility, qualifications, experience, ability and by comparison with similar positions in the hospital industry generally.


Award Nos. 18 and 19 of 1974. BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION. Nos. 41 and 42 of 1980.

Between Hospital Salaried Officers Association of Western Australia (Union of Workers), Applicant, and The Association for the Blind of W.A. Inc and Others, Respondents.

Order. HAVING heard Mr A. G. Barker on behalf of the applicant and Mr R. H. Gifford on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Hospital Salaried Officers (Nursing Homes) Award Nos. 18 and 19 of 1974 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 1st day of February, 1980.


(Sgd.) G. A. JOHNSON, [L.S.I Commissioner.



The following shall be the minimum rates of salaries payable to workers covered by this Award:—

Salary per

(1) Clerical Officers: annum (a) Clerical Assistants: $

15 years of age 4 298 16 years of age 4 765 17 years of age 5 266 18 years of age 6 146 19 years of age 7 116 20 years of age 7 952 21 years of age 8 708 22 years of age 8 998 23 years of age 9 295 24 years of age 9 592

(b) Machine Operators: The term "Machine Operator" shall mean and include Typists, Ledger Machinists and those workers whose substantial duties are of a similar nature.

Under 17 years of age 4 870 17 years of age 5 572 18 years of age 6 502 19 years of age 7 532 20 years of age 8 467 21 years of age 9 295 22 years of age 9 633 23 years of age 9 970 24 years of age 10 304 Provided that a Machine Operator

shall be paid in accordance with the rates of pay prescribed in subclause (l)(d) of this clause up to and including the 24 year old rate, if that worker can demonstrate that he or she is capable of performing shorthand writing and typing or typing and competence in the operation of an accounting and listing machine, at a satisfactory level.

(c) Senior Machine Operators: Chief Administrative Officer's Secretaries:

1st year 11041 Thereafter 11273 Provided that a Senior Machine

Operator or Chief Administrative Officer's Secretary who can demonstrate that he or she is capable of performing shorthand writing and typing or typing and competence in the operation of an accounting and listing machine, at a satisfactory level, shall be paid the following rates of pay:—

1st year 11 506 Thereafter 11738

(d) Clerks: Book-keeper, Braille Hospital; Assistant Librarian, Braille Hospital:

16 years of age 5 094 17 years of age 5 953 18 years of age 6 944 19 years of age 7 996 20 years of age 8 932 21 years of age 9 760 22 years of age 10 098 23 years of age 10 436 24 years of age 10 770 25 years of age 11105 26 years of age 11 433 27 years of age 11 814


Salary per

annum

(e) Wages Clerk, Homes of Peace: Subiaco:

1st year Thereafter

Inglewood: 1st year Thereafter

(f) Purchasing Officer, Homes of Peace: 1st year Thereafter

(g) Purchasing Officer, Braille Hospital: 1st year Thereafter

12 082 12 473

12 862 13 247

13 672 14 090

12 082 12 473

(h) Administrative Officers (including Senior Clerks, Chief Clerks, Assistant Secretaries and all those workers whose substantial duties are those of Assistant to the Chief Administrative Officer); Chief Administrative Officers (including Administrators, Managing Secretaries and all those workers whose substantial duties are overall management of a nursing home or homes, other than the Administrator, Homes of Peace):

The minimum salary of any such officers employed by the Braille Hospital or the Homes of Peace shall be in accordance with one of the following classes, provided that the minimum salary of the "Administrative Officer—Homes of Peace, Inglewood" shall be in accordance with Class 5.

The minimum salary of any other such officers shall be in accordance with one of the following classes except that any dispute arising therefrom shall only be referred to the Industrial Commission if that officer is a member of the Union.












(i) In the event of a dispute as to a worker's eligibility for payment of the rates referred to in the proviso to subclause (l)(b) of this clause or the rates of pay referred to in the proviso to subclause (l)(c) of this clause, the matter may be referred to the Board of Reference for determination.

(2) General Officers: (a) Technical Assistants: The term "Technical

Assistants" shall mean and include Occupational Therapy Assistants; Physiotherapy Assistants; Group Therapists; Activities Leaders; Craft Work Assistants; Handcraft Assistants; Welfare Officer, Special, Braille Hospital; Sewing Instructors, Braille Hospital; Potter Instructors, Braille Hospital; Ceramics Instructors, Braille Hospital; Braille Instructors; Telephonist, Braille Hospital and those workers whose substantial duties are assistance or' support to technical or professional officers.

Salary per

annum

15 years < 16 years < 17 years < 18 years ( 19 years < 20 years < 21 years < 22 years < 23 years < 24 years <

4 265 4 738 5 780 6 759 7 822 8 785 9 592 9 928

10 277 10 604

(b) Craftworker, Homes of Peace; Public Relations Officer, Braille Hospital; Senior Pottery Instructor, Braille Hospital:

1st year 10 604 2nd year , 10 816 3rd year 11 020 4th year 11254 Thereafter 11582

(c) Welfare Officer, Braille Hospital; Wood Work Instructor, Braille Hospital; Maintenance Officer, Braille Hospital:


(d) Senior Welfare Officer, Braille Hospital; Stores Clerk, Homes of Peace:


(e) Catering/Domestic Supervisors, Homes of Peace:


(f) Assistant Engineer, Homes of Peace: 1st year 14 421 Thereafter 14 870

(g) Engineer, Homes of Peace: 1st year 16 255 Thereafter 16 726

(3) Physiotherapists, Occupational Therapists and Medical Social Workers (Qualified):

Salary per

annum

(a) Other than specified in (b), (c) and (d) hereof:

■ 1st year of employment after qualification

1 year's experience after qualification





6 year's experience after qualification or more

(b) Senior Physiotherapists and Occupational Therapists:

1st year 2nd year 3rd year 4th year

(c) Physiotherapists and Occupational Therapists In-Charge:

1st year 2nd year

(d) Librarian, Braille Hospital: 1st year 2nd year 3rd year Thereafter

12 820

13 634

14 700

15 516

16 199

16 916

17 769

18 515 18 892 19 339 20 131

1st year 20 645 2nd year 21354

Librarian, Braille Hospital: 1st year 13 247 2nd year 13 634 3rd year 13 984 Thereafter 14 347 The classification of Senior and In-Charge

workers shall be based upon the worker's degree of responsibility, qualifications, experience, ability and by comparison with similar positions in the hospital industry generally.

HOSPITAL SALARIED OFFICERS (Red Cross Blood Transfusion Service).



Between Hospital Salaried Officers Association of Western Australia (Union of Workers), Applicant, and Australian Red Cross Society (W.A. Division), Respondent.

Order. HAVING heard Mr A. G. Barker on behalf of the applicant and Mr R. H. Gifford on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Hospital Salaried Officers (Red Cross Blood Transfusion Service) Award No. 17 of 1974 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 4th day of January, 1980.


(Sgd.) G. A. JOHNSON, fL.S.l Commissioner.


in lieu:—

24.—Salaries. The following shall be the rates of salary payable to

workers covered by this Award:— Salary

(1) Technical Division: per (a) Laboratory Assistants: annum

Junior Rates: $ Under 17 years of age 4 541 17 years of age 5 351 18 years of age 6 259 19 years of age 7 243 20 years of age 8 134 Adult Rates: 1st year of employment 8 881 2nd year of employment 9 192 3rd year of employment 9 516 4th year of employment 9 818 5th year of employment 10 093 6th year of employment 10 420 Thereafter 10 724

(b) Maintenance Officer: 1st year of employment 11070 2nd year of employment 11 433 3rd year of employment 11 796 Thereafter 12172

(c) Technical Officers: 1st year of employment 11 070 2nd year of employment 11433 3rd year of employment 11 796 4th year of employment 12 172 5th year of employment 12 563 6th year of employment 12 949 7th year of employment 13 353 Thereafter 13 769

(2) Professional Division: (a) Medical Laboratory Technologists

(Qualified): 1st year of employment after

qualification 1 year's experience after qualifi-

cation 2 years' experience after qualifi-


cation : 4 years' experience after qualifi-



cation or more

11870

12 625

13 611

14 367

14 999

15 664

16 452

(b) Senior Medical Technologists, Other:

1st year 2nd year.:. 3rd year Thereafter

Laboratory

17 124 17 492 17 906 18 640

(c) Senior Medical Laboratory Technologist, (Immunology); Senior Medical Laboratory Technologist, (Blood Group Reference Laboratory):

1st year Thereafter

(d) Scientific Officer-In-Charge: 1st year 2nd year 3rd year Thereafter

19116 20 108

19116 20 108 20 807, 21 559







That the Hospital Salaried Officers (Red Cross Blood Transfusion Service) Award No. 17 of 1974 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 1st day of February, 1980.


(Sgd.) G. A. JOHNSON, [L.S.] Commissioner.

Salary per

annum



■The following shall be the rates of salary payable to workers covered by this Award:—

Salary per

(1) Technical Division: annum (a) Laboratory Assistants: $

Junior Rates: Under 17 years of age 4 904 17 years of age... 5 780 18 years of age 6 759 19 years of age 7 822 20 years of age 8 785 Adult Rates: 1st year of employment 9 592 2nd year of employment 9 928 3rd year of employment 10 277 4th year of employment 10 604 5th year of employment 10 900 6th year of employment 11 254 Thereafter 11582

(b) Maintenance Officer: 1st year of employment 11 955 2nd year of employment 12 348 3rd year of employment 12 740 Thereafter 13 146

(c) Technical Officers: 1st year of employment 11 955 2nd year of employmept 12 348 3rd year of employment 12 740 4th year of employment 13 146 5th year of employment 13 568 6th year of employment 13 984 7th year of employment 14 421 Thereafter 14 870

(2) Professional Division: (a) Medical , Laboratory Technologists

(Qualified): 1st year of employment after

qualification 1 year's experience after qualifi-

cation 2 year's experience after qualifi-


cation ..... 4 year's experience after qualifi-



cation or more (b) Senior Medical Laboratory

Technologists, Other: 1st year 2nd year 3rd year Thereafter

(c) Senior Medical Laboratory Technologists, (Immunology); Senior Medical Laboratory Technologists, (Blood Group Reference Laboratory):

1st year Thereafter

(d) Scientific Officer In-Charge: 1st year 2nd year 3rd year Thereafter

12 820

13 634

14 700

15 516

16 199

16 916

17 769

18 515 18 892 19 339 20 131

20 645 21716

20 645 21 716 22 472 23 284





Order. HAVING heard Mr A. G. Barker on behalf of the applicant and Mr R. H. Gifford on behalf of the respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Hospital Salaried Officers (Red Cross Blood Transfusion Service) Award No. 17 of 1974 as varied, be further varied in accordance with the following schedule and that such variation shall have effect on and from the date hereof.





"Rate of hire for use of worker's own vehicle on employer's business" and insert in lieu:—



Area and Details

Distance travelled each year on employer's business:

Metropolitan Area— First 8 000 kilometres Over 8 000 kilometres

Engine Displacement


1600 Over cc 1600 and

cc under c/km c/km

South West Land Division— First 8 000 kilometres 20.0 16.3 Over 8 000 kilometres 13.3 10.9

North of 23.5 degrees South Latitude- First 8 000 kilometres 22.6 18.4 Over 8 000 kilometres.

Rest of the State— First 8 000 kilometres. Over 8 000 kilometres.

14.7 12.1


in lieu:—

24.—Salaries. The following shall be the rates of salary payable to

workers covered by this Award:—

Salary per

annum (1) Technical Division: annum (a) Welfare Officers: $

1st year of employment 11 070 2nd year of employment 11433 3rd year of employment 11 796 4th year of employment 12 172 5th year of employment 12 563 6th year of employment 12 949 7th year of employment 13 353 Thereafter 13 759

(2) Professional Division: (a) Medical Social Workers (Qualified):

1st year of employment after qualification 11870







HOSPITAL SALARIED OFFICERS (Red Cross Social Work Service).

Award No. 17A of 1974.


No. 35 of 1980. Between Hospital Salaried Officers Association of

Western Australian (Union of Workers), Applicant, and Australian Red Cross Society (W.A. Division), Respondent.


That the Hospital Salaried Officers (Red Cross Social Work Service) Award No. 17A of 1974 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 4th day of January, 1980.




Award No. 17A of 1974.


No. 520 of 1979. Between Hospital Salaried Officers Association of

Western Australia (Union of Workers), Applicant, and Australian Red Cross Society (W.A. Division), Respondent. , -

>•' . Order

HAVING heard Mr A. G. Barker on behalf of the applicant and Mr R. H. Gifford on behalf of the respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Hospital Salaried Officers (Red Cross Social Work Service) Award No. 17A of 1974 as varied, be further varied in accordance with the following schedule and that such variation shall have effect on and from the date hereof.


(Sgd.) G. A. JOHNSON, [L.S.] Commissioner.'

23rd April, 1980. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 563


"Rate of hire for use of worker's own vehicle on employer's business" and insert in lieu:—



Area and Details

Distance travelled each year on employer's business:

Metropolitan Area— First 8 000 kilometres Over 8 000 kilometres

Engine Displacement


1600 Over cc

1600 and cc under

c/km c/km

South West Land Division- First 8 000 kilometres Over 8 000 kilometres


Rest of the State— First 8 000 kilometres 20.9 Over 8 000 kilometres 13.8



The following shall be the rates of salary payable to workers covered by this Award:—

Salary per

(1) Technical Division: annum (a) Welfare Officers: $

1st year of employment 11 955 2nd year of employment 12 348 3rd year of employment 12 740 4th year of employment 13 146 5th year of employment 13 568 6th year of employment 13 984 7th year of employment 14 421 Thereafter 14 870

(2) Professional Division: (a) Medical Social Workers (Qualified):

1st year of employment after qualification 12 820


2 years' experience after qualification 14 700






Award No. 17A of 1974. BEFORE THE WESTERN AUSTRALIAN



Order. HAVING heard Mr A. G. Barker on behalf of the

■ applicant and Mr R. H. Gifford on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Hospital Salaried Officers (Red Cross Social Work Service) Award No. 17A of 1974 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 1st day of February, 1980.



HOSPITAL SALARIED OFFICERS (Spastic Welfare).



Between Hospital Salaried Officers Association of Western Australia (Union of Workers), Applicant, and Spastic Welfare Association of W.A. Inc., Respondent.

Order. HAVING heard Mr A. G. Barker on behalf of the applicant and Mr R. H. Gifford on behalf of the respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Hospital Salaried Officers (Spastic Welfare) Award No. 37 of 1976 as varied, be further varied in accordance with the following schedule and that such variation shall have effect on and from the date hereof.




"Rate of hire for use of worker's own vehicle on employer's business" and insert the following:—



Area and details

Engine Displacement


Distance travelled each year on cc. employer's business: c/km

Metropolitan Area— First 8 000 kilometres 19.4 Over 8 000 kilometres 12.9

South West Land Division— First 8 000 kilometres 20.0 Over 8 000 kilometres 13.3


Rest of the State— First 8 000 kilometres 20.9 Over 8 000 kilometres 13.8






That the Hospital Salaried Officers (Spastic Welfare) Award No. 37 of 1976 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 4th day of January, 1980.


(Sgd.) G. A. JOHNSON, [L.S.l Commissioner.


in lieu:—

25.—Salaries. The following shall be the rates of salaries payable

to workers covered by this Award:— Salary

1. Clerical Division: per

annum

(a) Machine Operators (Female Workers): The term "Machine Operator" shall mean and include Typists, Ledger Machinists, and other workers whose substantial duties are of a similar nature.

Under 17 years of age 17 years of age 18 years of age 19 years of age 20 years of age 21 years of age 22 yearsof age 23 years of age 24 years of age and over

Provided that a Machine Operator shall be paid in accordance with the rates of pay prescribed in subclause (l)(b) of this clause up to and including the 24 year old rate, if the worker can demonstrate that he or she is capable of performing shorthand writing and typing or typing and competence in the operation of an accounting and listing machine, at a satisfactory level.

In the event of a dispute as to the eligibility of a Machine Operator for payment of the rates referred to herein, the matter may be referred to the Board of Reference for determination.

(b) Clerks: Under 17 years of age 4 717 17 years of age 5 512 18 years of age 6 430 19 years of age 7 404 20 years of age 8 270 21 years of age 9 037 22 years of age 9 350 23 years of age 9 663 24 years of age 9 972 25 years of age 10 283 26 years of age 10 587 27 years of age and over 10 939

Co-ordinator 11 549 Recreation Officer 14 699 Personnel Officer 14 699

2. Technical Division: Remedial Gymnasts:

1st year of employment 13 353 2nd year of employment 13 769 3rd year of employment 14 173 Thereafter 14 590

23rd April, 1980.]

Salary per

annum $ 3. Professional Division:

(a) Psychologists, Occupational Therapists, Physiotherapists and Speech Therapists (Qualified);

1st year after qualification 11 870 1 year's experience after qualifi-

cation 12 625 2 years' experience after qualifi-





cation or more 16 452 (b) Senior Occupational Therapists,

Physiotherapists and Speech Therapists:


(c) Physiotherapists, Occupational Therapists or Speech Therapists In- Charge:

1st year of employment 19 116 Thereafter 19 771

(d) Supervising Physiotherapists, Occupational Therapists or Speech Therapists:

Where appointed as such 20108 (e) Psychologists (Senior):

1st year of employment 18 640 Thereafter 19116 The classification of professional workers

above a salary of $16 452 per annum shall be based on the worker's degree of responsibility, qualification, experience, ability and by comparison with similar position in the hospital industry generally.



INDUSTRIAL COMMISSION. Nos. 36 and 38 of 1980.



That the Hospital Salaried Officers (Spastic Welfare) Award No. 37 of 1976 as varied, be further varied in accordance with the following

565

schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 1st day of February, 1980


(Sgd.) G. A. JOHNSON, [U.S.] Commissioner.



The following shall be the rates of salaries payable to workers covered by this Award:—

(1) Clerical Division: (a) Machine Operators (Female Workers): The

term "Machine Operator" shall mean and include Typists, Ledger Machinists, and other workers whose substantial duties are of a similar nature.

Salary per

annum $

Under 17 years of age 4 870 17 years of age 5 572 18 years of age 6 502 19 years of age 7 532 20 years of age 8 467 21 years of age 9 295 22 years of age 9 633 23 years of age 9 970 24 years of age and over 10 304 Provided that a Machine Operator

shall be paid in accordance with the rates of pay prescribed in subclause (l)(b) of this clause up to and including the 24 year old rate, if the worker can demonstrate that he or she is capable of performing shorthand writing and typing or typing and competence in the operation of an accounting and listing machine, at a satisfactory level.

In the event of a dispute as to the eligibility of a Machine Operator for payment of the rates referred to herein, the matter may be referred to the Board of Reference for determination.

(b) Clerks: Under 17 years of age 5 094 17 years of age 5 953 18 years of age 6 944 19 years of age 7 996 20 years of age 8 932 21 years of age 9 760 22 years of age 10 098 23 years of age 10 436 24 years of age 10 770 25 years of age 11105 26 years of age 11 433 27 years of age and over 11 814

(c) Co-ordinator 12 473 Recreation Officer 15 875 Personnel Officer 15 875


566 W E. [23rd April, 1980. DUST

Salary (2) Technical Division: per

Remedial Gymnasts: annum $


(3) Professional Division: (a) Psychologists, Occupational

Therapists, Physiotherapists and Speech Therapists (Qualified):

1st year after qualification 12 820 1 year's experience after qualifi-

cation 13 634 2 year's experience after qualifi-





cation or more 17 769 (b) Senior Occupational Therapists,

Physiotherapists and Speech Therapists:

1st year of employment 18 515 2nd year of employment 18 892 3rd year of employment 19 339 Thereafter 20131

(c) Physiotherapists, Occupational Therapists or Speech Therapists In- Charge:

1st year of employment 20 645 Thereafter 21 354

(d) Supervising Physiotherapists, Occupational Therapists or Speech Therapists:

Where appointed as such 21 716 (e) Psychologists (Senior):

1st year of employment 20 131 Thereafter 20 645 The classification of professional workers

above a salary of $17 769 per annum shall be based on the worker's degree of responsibility, qualification, experience, ability and by comparison with similar position in the hospital industry generally.

MINING (Mineral Sands).


INDUSTRIAL COMMISSION. No. 464(a) of 1979.

Between The Amalgamated Metal Workers' and Shipwrights' Union of Western Australia, Applicant and Western Titanium Limited and Others, Respondents.

HAVING heard Mr A. J. Marks on behalf of the applicant and Mr A. J. Collins on behalf of respondents, and by consent, I, the undersigned, Commissioner of the Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1979, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That application No. 464 of 1979 be divided and that the Mineral Sands Mining Industry Award No. 41 of 1975 as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect on and from the 27th day of February, 1980.

Dated at Perth this 27th day of February, 1980.


Schedule. Clause 27.—Wage Rates: Add to this clause a new

subclause (6) in the following terms:— (6) Tradesmen and apprentices to whom the

employer does not supply all necessary tools shall be paid a tool allowance at the rate of $4 per week.

For the purpose of this clause a tradesmen shall be deemed to be a worker who is paid a rate of wage equal to or greater than that which is prescribed in this clause for the classification "Fitter".

TEACHERS' AIDES. Award No. 4 of 1979.


No. Ill of 1980. Between Federated Miscellaneous Workers' Union of

Australia, West Australian Branch, Union of Workers, Applicant, and The Hon. Minister for Education, Respondent.

HAVING heard Mr J. A. McGinty on behalf of the applicant and Mr R. L. Rotton on behalf of the respondent, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 16 of the Industrial Arbitration Act, 1979, and in pursuance of the powers contained in section 40 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Teachers' Aides Award No. 4 of 1979 be and the same is hereby amended in accordance with the following schedule and that


such amendment shall take effect as from the beginning or the first pay period commencing on or after the 21st day of January, 1980.



Schedule. 1. Clause 2.—Arrangement: After the number and

title "19.—Definitions", add the number and title "20.—Maternity Leave".

2. Clause 20.—Maternity Leave: After clause 19.—Definitions, add the following new clause:—

20.—Maternity Leave. (1) Eligibility for Maternity Leave.

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

For the purposes of this clause:— (a) A worker shall include a part-time

worker but shall not include a worker engaged upon casual or seasonal work.

(b) Maternity leave shall mean unpaid maternity leave.

(2) Period of Leave and Commencement of Leave.

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

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

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

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

(3) Transfer to a Safe Job. Where in the opinion of a duly qualified

medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the worker make

it inadvisable for the worker to continue at her present work, the worker shall, if the employer deems it practicable, be- transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

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

(4) Variation of Period of Maternity Leave. (a) Provided the addition does not

extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of the employer, by the worker giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened.

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

(5) Cancellation of Maternity Leave. (a) Maternity leave, applied for but not

commenced, shall be cancelled when the pregnancy of a worker terminates other than by the birth of a living child.

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

(6) Special Maternity Leave and Sick Leave. (a) Where the pregnancy of a worker not

then on maternity leave terminates after 28 weeks other than by the birth of a living child then—

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

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

(b) Where a worker not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified

568 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd April, 1980.

medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks.

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

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

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

(7) Maternity Leave and Other Leave Entitlements.

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

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

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

(8) Effect of Maternity Leave on Employment. Notwithstanding any award or other

provision to the contrary, absence on maternity leave shall not break the continuity of service of a worker but shall not be taken into account in calculating the period of service for anyrpurpose of the award.

(9) Termination of Employment. (a) A worker on maternity leave may

terminate her employment at any time during the period of leave by notice given in accordance with this award.

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

(10) Return to Work After Maternity Leave. (a) A worker shall confirm her intention

of returning to her work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave.

(b) A worker, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the

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

(11) Replacement Workers. (a) A replacement worker is a worker

specifically engaged as a result of a worker proceeding on maternity leave.

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

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

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

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


(I.A. Act 1979)

ENGINE DRIVERS (Rottnest Island).

Consent Award No. 7 of 1974. BEFORE THE WESTERN AUSTRALIAN


Between the Federated Engine Drivers and Firemen's Union of Workers of Western Australia, Applicant, and Rottnest Island Board, Respondent.

Order. HAVING heard Mr C. E. Mumme on behalf of the applicant and Mr G. H. Cole on behalf of the respondent and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Engine Drivers' (Rottnest Island) Award No. 7 of 1974 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 20th day of December, 1979.


(Sgd.) D. CORT, IL.S.l Commissioner.

Schedule. 22.—Wages: Delete this clause and insert in lieu:—

22.—Wages. (1) The minimum rates of wages payable to

workers under this Agreement shall be as follows:-

Column Column 1 2

Suction Gas or Internal Combustion Engine Driver 157.70 164.80

(2) Additions to Wage Rates:— (a) An Engine Driver

engaged as hereinafter specified shall have his wage rate increased as follows:—

(i) Attending to re- frigerating compressor or other compressor or compressors 9.30 9.70

(ii) Attending to an electric generator or dynamo or alter- nator exceeding 10 kW capacity. 9.30 9.70

(iii) Attending to switchboard where generating capacity is 350 kW or more 2.80 2.90

(iv) In charge of ' plant as defined 9.30 9.70

(3) A casual worker shall be paid 15 per cent of the ordinary rate in addition to the ordinary rate for his class of work as prescribed in Clause 22.—Wages of this Agreement.

(4) The rates set out in column 2 in subclauses (1) and (2) of this clause shall apply from the beginning of the first pay period to commence on or after the 4th January, 1980.

GAS WORKERS (S.E.C.).

Consent Award No. 6 of 1978. BEFORE THE WESTERN AUSTRALIAN


Between Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch, Applicant, and The State Energy Commission of Western Australia, Respondent.

Before Mr Commissioner D. E. Cort. The 28th day of February, 1980.

Mr J. Grouch on behalf of the applicant. Mr A. P. Grealy on behalf of the respondent.

Judgment. THE COMMISSIONER: The application before the Commission is one by the Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch to amend Clause 22.—Wages of the Gas Workers (State Energy Commission) Agreement No. 6 of 1978. In this matter the union now seeks an interim order which would increase the total wage of a gas fitter class 1 by $6.50 per week and the total wages of other gas workers by $4.00 per week.

The interim order which is sought is in line with the one issued on the 16th day of January, 1980, that amended Clause 32.—Wages of the Engineering Trades (State Energy Commission) Award No. 1 of 1969 (not yet reported).

The wage rates in the Gas Workers Agreement No. 6 of 1978 were reviewed by the Commission in 1979 and it is relevant to set out two extracts from the judgment of the Commission dated the 27th April, 1979 (59 W.A.I.G. 687). First-

Exhibit E shows that in 1971 the parties, with their intimate knowledge of the industry, agreed to the fundamental basis upon which the wage rates for gas workers were to be fixed. The "gas fitter class 1" was to be the yard stick and his wage was compared with that applicable to a mechanical fitter in the Metal Trades (General) Award No. 13 of 1965—that rate in the Metal Trades Award is also the yard stick for the base rate of a tradesman in the Engineering Trades (State Energy Commission) Award—and all other designations of gas workers were to maintain their relativity with the gas fitter class 1 (at p. 688)

570 ;te [23rd April, 1980.

Next— The special payments will be those prescribed

in the Engineering Trades Award. The basis upon which the rates for gas workers has been fixed—in particular the tie with the wage of a mechanical fitter—requires those payments to be awarded in order that a fair total wage may result. This case may be distinguished from the storemen's case in that the rate of wage for a storeman is not tied to that of a fitter, (at p.689)

In this context it would seem that the wage for the gas fitter class 1 should continue to be comprised of the wage prescribed for a mechanical fitter in the Metal Trades Award and the special payment in the Engineering Trades (State Energy Commission) Award being elements which the Commission is also called upon to determine in the application to amend that Engineering Trades Award. In that matter, from which the interim order issued, it was recognised that the rate for a mechanical fitter covered by the Metal Trades Award was subject to appeal proceedings before the Commission in Court Session as was the extent to which, if at all, an increase in that rate should be absorbed into the supplementary payment in that award. A decision in that appeal is pending.

The interim order prescribed a total wage which insofar as a tradesman was concerned replaced the Metal Trades rate for a mechanical fitter and the special payment. What is being said by the employer is that, in view of decisions of the Commission with respect to other employees of the State Energy Commission namely storemen (59 W.A.I.G. 786) and transport workers (59 W.A.I.G. 1256 and on appeal 60 W.A.I.G. 17), the special payment for gas workers should no longer be that which is prescribed for engineering workers. This, notwithstanding, that in April, 1979, the Commission distinguished gas workers from storemen "in that the rate of wage for a storeman is not tied to that of a fitter."

The special payment, being an addition to the base rate and service pay, has been prescribed for an engineering tradesman employed by the State Energy Commission "if it appears that the rates in the S.E.C. would otherwise lag considerably behind the rates in general industry in this State for some time". That concept, first introduced in 1971, was approved by the Commission in Court Session in February 1979 but, as was said in the storeman's case, in so approving "the manner by which the special payment had been extended to other State Energy Commission workers was questioned". In that regard it was said—

. . . the level of the special payment now applicable to storemen has been influenced by the difference between the base rate for a tradesman in the Engineering Trades (State Energy Commission) Award and the wages paid to tradesmen in private industry in this State. This when the base rate for storemen has been fixed independently of. and since 1971 has increased to a greater extent than, the wage of a tradesman ... (my underlining)

and also— Next, it was not demonstrated that the rates

of wage for these storemen "lagged considerably behind the rates in general industry in this State."

Clearly it was being said that it was wrong for the special payment for workers, other than tradesmen, to be related to the payment fixed for tradesmen when the base rate for those workers moved independently of that for tradesmen and where the rates of wage for those workers were not shown to be lagging behind the rates for like workers in general industry to the same degree. However it was not

suggested that the special payment for all classifications of workers in the Engineering Trades Award should be fixed independently of that for a tradesman. (In the February 1979 decision of the Commission in Court Session reference was made only to tradesmen and tradesmen's assistants). In other words internal wage relationships in the award should be recognised. Otherwise the proper wage relativities shown in the base rates would be destroyed.

In my view where there is a "proper wage relativity" that has been accepted by the parties and where over time the only movement in wage rates has been in accordance with that relativity then it (the relativity) should also be extended to the special payment. Should it be suggested that such a course would result in rates being fixed which are not reasonably in line with rates being paid to like workers in general industry in this State then he who so suggests must submit the appropriate rates in general industry. Of course in such a case it would still need to be demonstrated that the "external" relationship should be of greater significance than the "internal" one.

It follows that an interim order should issue out of this application but, consistently, the additional $2.50 which has been payable "outside of the award" should be discontinued.

Order accordingly.

Minutes of Proposed Order. Clause 22.—Wages: Delete subclause (1) of this

clause and insert in lieu:— (1) Workers shall be paid the rate per week

assigned to their class of work. $

Appliance Tester 170.00 Gas Fitter Class 1 198.00 Gas Fitter Class 2 185.10 Gas Fitter's Assistant 162.40 Gas Meter Tester 182.40 Gas Meter Repairer—

First twelve months 176.70 Thereafter 183.50

Gas Meter Preparer 164.30 Holder Attendant (Gas Works) 158.80 Labourer 154.50 Mainlayer/Service Layer 170.00 Mainlayer/Service Layer's

Assistant 157.70 Maintenance Man 172.10


No. 513 of 1979. Between Australiasian Society of Engineers,

Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch, Applicant, and The State Energy Commission of Western Australia, Respondent.

Order. HAVING heard Mr J. Crouch on behalf of the applicant and Mr A. P. Grealy on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Gas Workers (S.E.C.) Award No. 6 of 1978, as varied, be further varied in accordance with the following schedule and that such

23rd April, 1S80.J

variation shall have effect as from the beginning of the first pay period commencing on or after the 29th day of January, 1980 in respect of work in ordinary hours and as from the beginning of the first pay period commencing on or after the 7th day of March, 1980 for all purposes of the award.



Schedule. Clause 22.—Wages: Delete subclause (1) of this

clause and insert in lieu:— (1) Workers shall be paid the rate per week

assigned to their class of work. $

Appliance Tester 170.00 Gas Fitter Class 1 198.00 Gas Fitter Class 2 185.10 Gas Fitter's Assistant 162.40 Gas Meter Tester 182.40 Gas Meter Repairer

First twelve months 176.70 Thereafter 181.00

Gas Meter Preparer 164.30 Holder Attendant (Gas Works) 158.80 Labourer 154.50 Mainlayer/Service Layer 170.00 Mainlayer/Service Layer's

Assistant 157.70 Maintenance Man 172.10

BOARDS OF REFERENCE—

Decisions of—

Application No. 18A/71. In the matter of the Railway Employees' Award No.

18 of 1969, and in the matter of a Board of Reference constituted thereunder, and in the matter of a determination of dispute relating to stand-downs by Westrail.

Before Mr Commissioner B. J. Collier—Chairman. Mr C. B. Cornish—Employer's Representative. Mr R. M. Collie—Employees' Representative.

The 17th day of March, 1980. Mr F. Vincent on behalf of the Australian Railways

Union, West Australian Branch. Mr L. Leeder on behalf of the Western Australian

Government Railways.

Determination. 1. The Board has before it claims on behalf of a car

electric light examiner, class 2 and a labourer for payment for time during which they were stood down in July due to. a strike which interrupted the running of inter-state trains.

2. The claims are made on the ground that the workers concerned could have been usefully employed during the periods in question.

3. The members of the Board, having considered the evidence, unanimously agree that work was available during the period in question on which the employees could have been usefully employed but there is a difference of opinion as to the amount of such work.

571

4. The majority decision of the Board is that Mr J. L. Marraffa, labourer should be paid for seven days work and Mr M. Maio, car electric light examiner should be paid for eight days work. The employer's representative dissents from this decision and indicates that he would have awarded a lesser amount.

(Sgd.) B. J. COLLIER, [L.S.] Chairman.

CONFERENCES—

Amalgamated Metal Workers' and Shipwrights' Union of Western Australia and Hamersley Iron Pty. Ltd.

No. C14 of 1980.

A conference was held before Mr Commissioner G. J. Martin at the Western Australian Industrial Commission, 815 Hay Street, Perth on 14th February and 13th March, 1980, to deal with a dispute concerning payment of an experienced tradesman allowance. The conference was concluded.

Amalgamated Metal Workers' and Shipwrights' Union of Western Australia, and James Hardie & Co. Pty Limited.

No. C20 of 1980.

A conference was held before Mr Commissioner D. E. Cort at The Western Australian Industrial Commission, 815 Hay Street, Perth on 6th February, 1980, to deal with a log of claims. Agreement was reached and the conference concluded.

Agnew Clough Limited and Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch.

No. 50 of 1980. A conference was held before Mr Commissioner D. E. Cort at The Western Australian Industrial Commission, 815 Hay Street, Perth on 20th February, 1980 to deal with stand down without pay.

The conference was concluded.


Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers and Wundowie Iron and Steel Pty Ltd.

No. C45 of 1980. A conference was held before Mr Commissioner D. E. Cort at The Western Australian Industrial Commission, 815 Hay Street, Perth on 20th February, 1980 to deal with Breach of Contract of Service Clause.


Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth and Mathew Hall (Pty) Ltd.

No. COO of 1980. A conference was held before Mr Commissioner D. E. Cort at the Western Australian Industrial Commission, 815 Hay Street, Perth on 14th March, 1980, to deal with transfer of a shop steward.


Cliffs Robe River Iron Associates and The Australian Workers' Union, West Australian Branch, Industrial Union of Workers.

No. C85 of 1980. A conference was held before Mr Commissioner G. J. Martin at the Western Australian Industrial Commission, 815 Hay Street, Perth on 18th March, 1980, to deal with a dispute concerning disability allowances. The matter was referred to the Commission.

Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth and Royal Perth Hospital.

No. C80 of 1980. A conference was held before Mr Commissioner D. E. Cort at the Western Australian Industrial Commission, 815 Hay Street, Perth on 12th March, 1980, to deal with Dismissal of a Worker.

Agreement was reached and the conference was concluded.

Cliffs Robe River Iron Associates and The Australian Workers' Union, West Australian Branch, Industrial Union of Workers.

No. C512 of 1979. A conference was held before Mr Commissioner G. G. Halliwell at The Western Australian Industrial Commission, 815 Hay Street, Perth on 6th December, 1979 to deal with a refusal by fuel truck drivers to perform other work.

Conference concluded.

Poon Brothers (W.A.) Pty Ltd and the Federated Liquor and Allied Industries Employees' Union of Australia, W.A. Branch, Union of Workers.

C267 of 1979. A conference was held before Mr Commissioner G. A. Johnson at the Western Australian Industrial Commission, 815 Hay Street, Perth on 21st June, 1979, to deal with the termination of certain workers.


Hamersley Iron Pty Ltd and The Australian Workers' Union, West Australian Branch, Industrial Union of Workers.

No. C64 of 1980. A conference was held before Mr Commissioner G. G. Halliwell at The Western Australian Industrial Commission, 815 Hay Street, Perth on 5th March, 1980 to deal with a dispute concerning the rate of pay applicable to Hiab operators.

The matter was subsequently heard and determined by the Commissioner holding the conference.

Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch and Mt. Newman Mining Co. Pty. Ltd.

No. C75 of 1980. A conference was held before Mr Commissioner G. J. Martin at the Western Australian Industrial Commission, 815 Hay Street, Perth on 6th March, 1980, to deal with a dispute concerning the standing down of a worker.


The Australian Builders' Labourers Federated Union of Workers, Western Australian Branch and Alan Spencer Fury.

No. C39 of 1980. A conference was held before Mr Commissioner D. E. Cort at The Western Australian Industrial Commission, 815 Hay Street, Perth on 15th February, 1980 to deal with Inclement Weather Clause.


23rd April, 1980.j WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 573

DISPUTES—

Matters Dealt with under

Section 71 (r)—

(LA. Act 1912)—


No. CR421 of 1979.

Between the Federated Engine Drivers and Firemen's Union of Workers of Western Australia, Applicant, and Dampier Mining Company Limited and the Australian Workers' Union, West Australian Branch, Industrial Union of Workers, Respondents.

Before the Commission in Court Session. Mr Commissioners B. J. Collier, G. G. Halliwell and

G. J. Martin. The 11th day of March, 1980.

Mr I. D. Temby of Counsel on behalf of the applicant.

Mr L. A: Jackson of Counsel on behalf of Dampier Mining Company Limited.

Mr. H. W. Olney of Counsel on behalf of the Australian Workers' Union, West Australian Branch, Industrial Union of Workers.

Decision. MR COMMISSIONER COLLIER: This is the unanimous decision of the Commission in Court Session.

The following matter was referred to the Commission in Court Session pursuant to section 71(r) of the Industrial Arbitration Act, 1912-1979.

The Federated Engine Drivers and Firemen's Union of Workers of Western Australia claims that all workers employed by Dampier Mining Company Limited at Koolan Island in the classification "Shovel Greaser", subject to the provisions of the "Iron Ore Production and Processing (Dampier Mining Company Limited)" Award No. ACR210 of 1978, as amended, shall be members solely of the said Federated Engine Drivers and Firemen's Union of Workers of Western Australia in lieu of the Australian Workers' Union, West Australian Branch, Industrial Union of Workers, of which union such workers are presently members.

Dampier Mining Company Limited objects to and opposes that claim.

The Australian Workers' Union, West Australian Branch, Industrial Union of Workers also opposes that claim.

The classification, "shovel greaser" appears in paragraph (a) "Quarrying, Crushing, Storage and Loading" of subclause (1) of Clause 33.—Wages, of Award No. ACR210 of 1978, immediately after the classification "Shovel Driver—4'A cubic yds and not more than 7 cubic yds" and is the last of the classifications recited in that paragraph (58 W.A.I.G. 1472 at P. 1486).

Some Background Award No. 13 of 1966 of the 20th day of January,

1967 was the first award in which the respondent employer was grouped together with other employers in an award for the iron ore production and processing industry, such other employers having entered that industry in 1966 (47 W.A.I.G. p. 22),

whilst the respondent employer has been in that-

industry at least since 1949. Prior to award No. 13 of 1966 the respondent employer and its workers employed in the iron ore production and processing industry had been subject to a number of awards for that industry and whilst the classification "greaser" appeared therein in the divisions of the wages clauses relating to "Engine Drivers and Firemen" (as did the classification Shovel Driver) the classification "Shovel Greaser" did not appear until 1962. (For example Award No. 17 of 1955 of the 29th July, 1955, 35 W.A.I.G. p. 473 at p. 479.)

When that award was amended and consolidated by the Court of Arbitration on the 9th day of November, 1956 by order No. 122 of 1956 the classification "greaser" was deleted (36 W.A.I.G. p. 602 at p. 609).

By amending order No. 126 of 1961 of the 20th day of December, 1962, the award was further amended and again consolidated and the classification "Shovel Greaser" included in paragraph (b) of Clause 30.—Wages, of Division (i)—Australian Workers' Union. (42 W.A.I.G. p. 650 at p. 657.)

The classification "greaser" did not appear in the award, nor did it again until Award No. 13 of 1966 issued by the Commission on the 20th day of January, 1967 (47 W.A.I.G. p. 29).

The classification "shovel greaser" was contained in subclause (2) of Clause 31.—Wages of that award under the sub-heading of paragraph (a) "Quarrying and Crushing". It is interesting to note that the classification "Shovel Driver" appeared in that paragraph also, whilst under the heading of "Engine Drivers section", being paragraph (g) of that subclause, the classification "greaser" appeared together with "Drivers of suction gas or other internal combustion engines." (47 W.A.I.G. p. 29 at pages 42 and 43.)

That situation supports what the Commission was told during these proceedings, namely that workers employed in the calling of "shovel drivers" were once members of the respondent union and not the applicant as is now the case, and that workers employed in the calling "shovel greaser" were and still are members of the respondent union and not the applicant union. The applicant denies the first assertion.

Award. Nos. 35 and 51 of 1968 of. the 8th day of January, 1969, which replaced Award No. 13 of 1966 as amended and which again applied to all of the employers in the iron ore production and processing industry repeated the classification "shovel greaser" in paragraph (a) Quarrying and Crushing—of subclause (2) of Clause 32.—Wages of that award together witb the classification "Shovel Driver" (48 W.A.I.G. p. 906 at p. 919). The classification "greaser" appeared in paragraph (i)—Engine Drivers of that subclause (48 W.A.I.G. p. 906 at p. 920).

The award (No. 1A of 1972) which replaced award Nos. 35 and 51 of 1968 related only to the respondent employer hereto—the other employers and the unions by that time having entered into separate industrial regulation arrangements (51 W.A.I.G. p. 814).

In award No. 1A of 1972 the classification "shovel greaser" did not appear at all in the wages clause—Clause 32, nor did the classification "greaser" (52 W.A.I.G. p. 817 at pages 833 and 834).

The next award for the respondent employer's operations was Award No. 12 of 1974 issued by the Commission on the 19th day of September, 1974.

Clause 33.—Wages, in paragraph (a)—Quarrying, crushing, storage and loading—of subclause (2) included the classifications "Shovel Driver" and

"Shovel Greaser" (54 W.A.I.G. p. 1143 at p. 1158) and paragraph (e_)—Engine Drivers—of that subclause the classification "Power house greaser" (54 W.A.I.G. p. 1143 at p. 1159).

That situation was repeated in the next award No. R35 of 1976 of the 28th day of September, 1976 (56 W.A.I.G. p. 1484 at p. 1500) and the existing award No. ACR210 of 1978 issued by the Commission on the 8th day of November, 1978 (58 W.A.I.G. p. 1472 at pages 1486 and 1487).

The Facts On Koolan Island the respondent employer utilises

three P & H Electric Shovels to win iron ore from its ore bodies.

Those electric shovels are operated by workers members of or eligible to be members of the applicant union. The electric shovels require greasing or lubricating to operate efficiently and without its component parts being impaired.

That greasing is done on some component parts manually and on others by means of automatic equipment installed upon the shovel.

The manual greasing and the operation of filling the automatic devices consumes from 20 minutes to one hour of a worker's time, each shift.

With one exception that work is not performed by workers regularly allocated to that task. For that purpose and the task of attending the cable supplying the shovel with electric power workers of various classifications are allocated each shift.

Those workers may be new starters on the island whose ultimate regular class of work is yet to be determined or workers whose usual work has been interrupted because of a breakdown, in the case of mullock truck drivers or plant operators, or a person taken out of the ranks of the general or quarry labourers.

Additionally those workers may not be allocated to the shovel greasing and cable attending work for the whole of a shift.

The one exception is a worker who is regularly and usually allocated to that latter work because he does not wish to tread the normal path of progression to higher classifications. It is the work of greasing and cleaning the shovel and its housing and cabin and attending the cable that is envisaged to be within and properly described by the classification "shovel greaser".

The arguments The applicant relied heavily upon the fact that the

workers greasing the electric shovels and attending to their cables formed, with the shovel driver, a regular two man team and were therefore in the same standing as other workers ancillary to engine drivers as referred to in the applicant's constitution rule such as "Boiler Cleaners" and "Engine Cleaners".

That rule so far as it is relevant to this matter reads as follows:—

Rule 3.—Constitution. The Union may admit to membership any

officer or employee of the Union and shall admit to membership any person who is employed, or usually employed in any of the following capacities:—

Engine Drivers, Steam Boiler and Gas Producer Firemen, Trimmers or Fuelmen in Power Houses, Engine Cleaners, Greasers, Boiler Cleaners, Crane Drivers ... (55 W.A.I.G. p. 1090 at p. 1091.)

The applicant further contended that the workers concerned performed duties which were acknowledged by all concerned as being properly within the duties envisaged of a "shovel greaser" and

it did not matter that the "greasing" duties formed only a minute part of the duties viewed on a shift to shift basis.

The respondents acknowledged that, if, as a matter of fact, the workers were employed as "greasers" within the meaning of the applicant's constitution rule, the exclusions appearing in the respondent industrial union's constitution rule, did mean that the applicant enjoyed sole membership rights to those workers. However the respondents argued that the workers were not "greasers" within the meaning of the applicant's constitution rule and that in fact, having regard to the work performed the classification "shovel greaser" was a complete misnomer.

The physical association of the workers with shovel drivers during the performance of their duties was submitted as being of no significance and the Commission observes that it does not in essence provide any reliable test as can be exampled in the case of metal tradesmen's assistants, who, whilst of necessity are associated with metal tradesmen in the performance of their day to day duties may in the iron ore production and processing industry generally be members of the Amalgamated Metal Workers and Shipwrights Union of Western Australia or the Australian Workers' Union, West Australian Branch, Industrial Union of Workers (57 W.A.I.G. p. 1671).

The proper test it was contended was not by reference to the title or classification given to the work being performed but by reference to what that work comprised of and reference was made by all parties to matter No. 4 of 1977 before the Industrial Appeal Court of the 11th day of May, 1977 and in which it was said inter alia:—

If in substance the worker's job is to write and the job is done when the writing has been done he is a clerk but if in substance the writing done by the worker is but a step taken in the doing by him of something extending beyond it then he is not. (57 W.A.I.G. p. 585 at p. 586.)

Clearly in the matter now before the Commission when the greasing is done the job is not done and unless a "greaser" is something different from a person who "greases or lubricates machinery" the applicant must fail.

To counter that difficulty the applicant repeated its contention that "greasers" always have been people who work in association with the drivers of large industrial engines. "The engines require to be attended. They require to be continuously served and cleaning around them is necessary. Accordingly there is always a driver and a greaser." (Transcript notes of proceedings p. 8.)

That comment by the applicant correctly in the Commission's view describes the nature and substance of a "greasers" work, in the context of the word "greaser" m the applicant's constitution rule. To say for example that a dogman is always associated with a crane driver and is therefore a crane drivers assistant and is therefore eligible to be a member of the applicant union is quite incorrect and that line of reasoning cannot make a "greaser" out of an electric shovel cable attendant. It is the Commission's view that the work performed by the respondent employer's workers at Koolan Island in greasing and cleaning the electric shovels and attending to the cable of electric shovels is the work envisaged by the classification "Shovel Greaser" but it is not the work of a "greaser" for the purpose of the applicant's constitution rule and the matter referred to the Commission in Court Session for hearing and determination is determined by an order dismissing the applicant's claim.

Order accordingly.

23rd April, 1980.J


No.CR421 of 1979. Between The Federated Engine Drivers and

Firemen's Union of Workers of Western Australia, Applicant, and Dampier Mining Company Limited and the Australian Workers' Union, West Australian Branch, Industrial Union of Workers, Respondents.

WHEREAS by a reference dated the 11th day of December, 1979, Mr Commissioner G. G. Halliwell, acting under the provisions of paragraph (r) of section 71 of the Industrial Arbitration Act, 1912- 1979, did refer to the Commission in Court Session the abovementioned matter for hearing and determination by the said Commission in Court Session; Now, therefore, the said Commission in Court Session having heard the parties to the aforesaid matter by their respective representatives, hereby orders—

That the claim herein be dismissed. Dated at Perth this 11th day of March, 1980.



DISPUTES—

Matters Dealt with

Under Section 44—

(I.A. Act 1979)— Preliminary Point—


No. CR469 of 1979. Between Federated Miscellaneous Workers' Union of

Australia, West Australian Branch, Union of Workers, Applicant and East-West Chain Pty Ltd, Respondent.

Before Mr Commissioner D. E. Cort. The 21st day of March, 1980.

Mr J. A. McGinty on behalf of the applicant. Mr R. H. Gifford on behalf of the respondent.

Reasons for Decision Preliminary Point. THE COMMISSIONER: The memorandum of matters in dispute which is before the Commission is a claim by the Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union of Workers that workers employed by East-West Chain Pty Ltd in the manufacture of decorative chain are covered as to wages and conditions by the Watchmakers and Jewellers Award No. 10 of 1970. It is said in the memorandum that the union requires the Commission to settle the dispute either by finding that the respondent is bound by the provisions of the aforementioned award or by issuing an Order which will prescribe wages and conditions for the said workers.

575

The Watchmakers and Jewellers Award No. 10 of 1970 was issued by agreement between the parties in Spetember 1970 and applies to workers employed as watchmakers, clock makers, watch and clock repairers, jewellers, setters, general jewellers' tradesmen and engravers connected with the jewellery trade and workers using a watch cleaning machine. The parties to the award are said to be the union on the one hand and Caris Brothers Ltd and G. H. Pritchard and others on the other but those "others" are not identified. The original file numbered 10 of 1970 does not state the other employers upon whom the originating reference of industrial dispute may have been served but it is noted from the Certificate accompanying the reference that, by resolution, the secretary was autnorised, in certain circumstances, to refer a dispute between the union and only Caris Bros Ltd and G. H. Pritchard to the Commission. An answer to the claim was lodged on behalf of nine employers including Caris Bros Pty Ltd but not G. H. Pritchard. This raises questions as to the industry to which the award applies and the extent to which that industry is circumscribed or ascertained by reference to the nature of the operations carried out by the employers respondent to the award (see "Parker's" Case 6 W.A.I.G. 377).

So far as is relevant to the matter now before the Commission, Clause 15.—Definitions of the award defines a "jeweller, setter and/or engraver" as a worker employed wholly or partly:

(i) in the manufacture or repair of new or second hand jewellery;

(ii) in engraving in any metal by hand where such engraving is associated with jewellery, watchmaking and gold and silversmiths work, or

(iii) designing jewellery and/or engraving in the jewellery or watchmaking trade, including silversmiths work.

A general jewellers' tradesman is not defined.

The employer is objecting to the claim and maintains that the work being carried out is not work which falls within the constitution of the union. The relevant section of that constitution reads:-—

The union shall consist of an unlimited number of persons who are employed in ... or in connection with any of the following industries or callings....

(xii) mounters, settees, chainmakers, swivelmakers, bolt ring makers, repairers, ring makers, polishers, lappers, melters, refiners, bracelet and bangle makers, stampers, silversmiths, spinners, goldsmiths, gilders, chasers, engravers, watch, clock, clockwork, electric and spring dial clock makers, repairers, attendants and winders; jewellers' tool makers and optical technicians, lapidaries' spectacle makers, makers and renovators of electroplated ware (when working for jewellers or watchmakers), metal badgemakers, jewel case makers, and all persons engaged wholly or partly in manufacturing or repairing jewellery, watches and clocks in any of the above branches.

but no person is eligible for member ship if employed on work which if he had been so employed on the 12th day of February, 1957 would have made him eligible for membership of one or another of some nineteen unions listed. It is not suggested however that the work carried out by persons employed by East-West Chain Pty Ltd is work which, on the 12th February, 1957 would have fallen within the constitution rate of any of those unions.


Paragraph (xii) above is in the same terms as the constitution of The West Australian Jewellers, Watchmakers, Optical Technicians and Allied Trades Industrial Union of Workers which covered such workers until its registration was cancelled by Order dated , the 24th day of September 1971 (51 W.A.I.G. 1019). It is noted from the record that, except in relation to the deletion of the words "and die sinkers" after the words "jewellers tool makers" and the reference to "optical technicians", the rule remained unaltered since the Watchmakers and Jewellers Union was first registered in 1920.

East-West Chain is engaged in the manufacture of decorative chain by machine and has been so engaged since 1976. The process is confidential but, in broad terms, it may be said that "strings" of chain are produced by a chain making machine and soldered for strength again by machine. These "strings" are cut to the required length for personal adornment, small end rings are soldered, by hand, to the ends of these lengths of chain and a bolt ring is attached thereto, again by hand. The chain, in its finished state, is cleaned and polished by machine and is otherwise readied by distribution to trade outlets for sale. Generally those outlets could be described as jewellery shops.

Leaving to one side the setting up of the machines, the work may be described as being of a repetitive nature and, on the evidence, may be carried out with little training but, with experience, a degree of proficiency, is attained.

The Commission was assisted by the evidence of the principal of East-West Chain and a manufacturing jeweller who is an examiner of apprentices and by an inspection of a jeweller's premises, as well as the inspection of the operations carried out by East-West Chain.

There is no doubt that the work of a jeweller embraces a much wider field than the work done by East-West Chain. It is also clear that the industry is undergoing change and, in general, the industry is far different from that conducted in the 1920's. For example, the manufacturing jeweller called by the union, when referred to that part of the constitution rule mentioning chain makers, stated—

We have had one specific chap work at Caris Bros, who served his time as an apprentice chain maker. He came to us and we used to use him but I must add that the chains which he did make were not the type you saw this morning (being those made by East-West Chain). They were the watch type for waist coats—when they used to wear waist coats with the old pocket watch. This was the type of chain which was used quite elaborately. Also this particular chap used to repair jewellery and also manufacture jewellery. (Transcript p. 27/28)

But the witness also stated that a jeweller also carries out the work done at East-West Chain in that chain is bought in, in bulk, cut to lengths and rings soldered thereto. Furthermore, it was said that the repair of chains is work carried out by a jeweller.

The word used in the constitution of the union, which appear to be relevant to the question raised by the employer, is the calling of "chain maker" and the phrase "all persons engaged wholly or partly in manufacturing . . . jewellery ... in any of the above branches".

It is common ground that the chain maker envisaged by the 1920 constitution, is no longer in the trade and, at first, I was inclined to the view that the calling of chain maker could have no application to the work inspected at East-West Chain. However, on reflection, I see no reason why the constitution should be restricted by holding that "chain maker" should be read "chain maker by hand". Otherwise

expressed, the word "chain maker" would seem to also embrace a chain maker by machine. A member of the family operates the chain making machines for East-West Chain, and whilst it is said that he is not an "employee" as defined in the Industrial Arbitration Act, 1979 that is by the way in construing the constitution rule of the union.

In my view, what is important is that it is not suggested that the making of this chain is work which falls within the constitution rule of another union; the chain is decorative in nature, is clearly a form of adornment and is sold by jeweller shops. It seems that, having reached the aforementioned conclusion, it would follow that the making of chain by machine in one of the "above branches" referred to in the union's constitution and that the constitution extends to other persons engaged partly in manufacturing the product of East-West Chain.

I find, therefore, that the manufacture of decorative chain by East-West Chain Pty Ltd is work which is covered by the constitution of the union. That is the preliminary matter to be dealt with by this decision but, that conclusion having been reached, it is not to say that the Watchmakers and Jewellers Award No. 10 of 1970 should be applied to the work.

The evidence and the inspections have shown that the work carried out by East-West Chain is different from that of jewellers at large covered by Award No. 10 of 1970 and, certainly, the award issued in 1970 could not have been intended to apply to a process introduced in 1976. Even if "Parkers" case were put to one side, the parties should consider whether, and if so to what extent, the underlying principle of a decision of the Conciliation Commissioner (as he then was), in which he found that certain workers were not slaughtermen as envisaged by the Award provisions (refer 41W.A.I.G. 136), should be applied.

The matter will stand adjourned.

DISPUTES—

Matters Dealt with

Under Section 44—

(LA. Act 1979)—


No. CR522 of 1979. Between The Australian Workers' Union, West

Australian Branch, Industrial Union of Workers, Applicant, and Hamersley Iron Pty Limited, Respondent.

Before the Chief Industrial Commissioner, B. M. O'Sullivan Esq.

The 6th day of March, 1980. Mr L. Fisher on behalf of the applicant. Mr J. J. Christian on behalf of the respondent.

Judgment. THE COMMISSIONER: This matter comes before the Commission by way of a reference made at a conference held pursuant to the provisions of Section 1081 of the 1912 Act.


The claim of the union as disclosed in the memorandum of matters in dispute accompanying the reference is in the following terms:—

A claim by the union that all workers employed internally in the main store at Tom Price and presently classified Group 4 on the disability scale be reclassified Group 3 on that scale and be paid the rate of disability payment presently being paid to workers classified on the Group 3 scale.

The company refuses the claim and objects to any order being made.

The memorandum is dated 11th December, 1979. The workforce at Tom Price enjoys the benefit of

disability allowance payments in varying amounts depending on the area of work and the placement of the various jobs in a scale of disabilities which are nominated from Group 5 being the lowest paid allowance to Group 1 which is the highest paid allowance.

The placement or slotting of jobs into groups was carried out by way of revision in October 1977 and at that time it was agreed that the workers employed internally at the main store should remain on Group 4.

The disability allowances have been paid for several years and in 1976 Mr Commissioner Halliwell dealt with a claim somewhat similar to the one I have before me. The claim then was that the workers then classified Group 5 be reclassified Group 3 and the workers external to the store then classified Group 3 be classified Group 1. By his decision made on 7th December, 1976, Mr Commissioner Halliwell reclassified the workers internal to the store to become Group 4, but refused the claim in respect of workers external to the store (57 W.A.I.G. 106).

Since the time of the decision in 1976 and since the last review by the parties in October 1977 the company has completed some structural alterations to the main store. A further section of "mezzanine" deck has been installed in the store. It appeared to me on inspection that the company had duplicated its raised deck storage space and it is that or those raised decks which are locally called mezzanine decks.

It is claimed by the union that the installation of the new deck has caused the temperature in the store to rise. The introduction of the deck accompanied by the necessary additional electric lighting has caused a confinement of the air and added heating. It is said that the temperature taken on the deck of the new installation shows a level of about two degrees Celsius higher than on a spot outside in the yard in a tree and also higher than the floor level of the store near the mezzanine deck.

It is also claimed that since the group levels were agreed additional work has been required of the store. New sections have been introduced in the mining and processing areas of the operation and some new access roads near the store have been completed. In the first instance increased vehicular traffic moves through the store in the carriage of stores for the new section and in the second instance more dust is moved by the usage of those roads.

The union called evidence from a senior storeman and he related the difficulties encountered by the stores personnel. In his evidence he referred in particular to the changes in conditions since the installation of the second mezzanine deck, the introduction of additional areas for service by the store, and the opening of new roadways in the vicinity of the store. The major areas of complaint centred upon heat and dust.

Comparison was made with conditions suffered in other sections of the Tom Price work area and to assist my understanding of the case put and the

evidence led I was afforded the benefit of inspections at the store and other areas to which reference had been made.

It being clearly understood that I do not have the close and necessary knowledge of the working conditions in most of the areas discussed and having only a brief experience of inspections it becomes apparent that I am not able to make satisfactory comparisons of conditions in the store with conditions in other places. However, using only the scant information I have, I have formed the opinion that some of the "slotting" now enjoyed by some sections of the workforce are more favourable to workers than real and accurate comparisons would afford.

What I am required to determine really resolves itself into an investigation of whether the changes which have occurred are of such a major nature that the impact of the change has resulted in the disabilities endured by the workforce being increased to the degree that an additional scale rate should be applied.

It would seem to me that I am not to consider whether or not storemen should be paid any amount by way of a disability allowance. It is not my responsibility to consider whether when fixing the rate for a storeman at Tom Price the nature of the work to be performed the conditions under which it was to be performed together with the remoteness of the region and its naturally recurring onerous seasonal conditions of dust and heat were circumstances taken into account but I would be very surprised if they were not included. Neither is it my responsibility to consider the propriety of the now fixed grading of the various classifications of the workforce and that being so I feel that being deprived of that responsibility or duty I should not rely on comparisons between the storemen and others; those others might be wrongly classified from my point of view.

In my consideration of all the matters, including the fact that the rate is paid in all seasons, I have concluded that the claim concerning heat in the store whilst there is some increase it is not sufficient to cause me to alter the grouping. I am not able to make any real comparison with the conditions in respect of heat prior to the installation of the additional mezzanine deck. Fans have always been part of the installations at the store and though there is some increase in the traffic in the store with a resultant increase in the dust nuisance the workforce is now programmed to cope with the increase in its duty requirements of cleaning up each day.

My final conclusion is that the changes are not of sufficient detriment to justify the additional amount claimed and accordingly I will refuse the claim.

BEFORE THE WESTERN AUSTRALIA INDUSTRIAL COMMISSION.



HAVING heard Mr L. Fisher on behalf of the applicant and Mr J. J. Christian on behalf of the respondent, I, the undersigned Chief Commissioner of The Western Australian Industrial Commission, in

pursuance of the powers contained in section 44 (10) of-the Industrial Arbitration Act, 1979 and all other powers therein enabling me, do hereby order and declare—

That the claim herein be refused. Dated at Perth this 6th day of March, 1980.

(Sgd.) B. M. O'SULLIVAN, [L.S.] Commissioner.


No. CR365 of 1978. Between Electrical Trades Union of Workers of

Australia (Western Australian Branch), Perth, Applicant, and Hamersley Iron Pty. Limited, Respondent.

Before the Senior Commissioner, Mr E. R. Kelly. The 23rd day of November, 1979.

Mr A. R. Beech on behalf of the applicant. Mr J. J. Christian on behalf of the respondent.

Judgment. THE COMMISSIONER: This is a reference under section 1081 of the Industrial Arbitration Act, 1912 in which the Memorandum of Dispute is in the following terms—

The Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth claims that the workers recorded hereunder and employed by Hamersley Iron Pty. Limited at Dampier should be paid ordinary wages as prescribed by Industrial Agreement No. 28 of 1977 for the times specified hereunder on the grounds that such workers were incorrectly stood down by the said employer pursuant to subclause (7) of Clause 7 of the aforesaid industrial agreement. Hamersley Iron Pty. Limited objects to and opposes that claim.

East Intercourse Island D.S.O. 7.6.78—2300 to 0700 Kerry Donovan (Electrical

Fitter) 7.6.78—0700 to 1500 Otto Schatz (Electrical

Fitter) Parker Point D.S.O.

7.6.78—2300 to 0700 Bob Stevens (Electrical Fitter)

7.6.78—0700 to 1500 Gary Bacon (Electrical - Fitter)

7.6.78—1500 to 1630 Keith Robson (Electrical Fitter)

Seven Mile Railway Workshop 7.6.78—1500 to 1900 Mai Jewell (Electrical

Fitter) 7.6.78—1500 to 1900 Ian Cliftan (Electrical

Fitter) 7.6.78—1500 to 1900 Bob Gregory (Refrigeration

Fitter)

The workers mentioned in the memorandum were stood down following a series of strikes by members of various unions at Dampier which were detailed in a statement of facts provided by direction of the Commission and which in brief were:—

29.4.78 to 2.5.78—AWU Parker Point and East Intercourse Island

1.5.78 to 5.5.78—AWU Dampier Supply Depot 3.5.78 to 4.5.78—AMWSU, AWU and ETU

Pellet Plant Maintenance Section 9.5.78 to 15.5.78—AWU at East Intercourse

Island Maintenance Section and AMWSU East Intercourse Island Maintenance Section, Parker Point Maintenance Section and Dampier Operations and Rail Centres

18.5.78 to 24.5.78—ETU Rail Workshops 22.5.78 (7.30 a.m. to 9.30 a.m.) ETU Dampier

and Rail Operations 22.5.78 (9.45 a.m. to 10.00 a.m.) AMWSU and

ASE Rail Workshops 22.5.78 to 26.5.78 FEDFU Crane and Rigging

Section, Dampier 24.5.78 to 27.5.78 ETU Dampier and Rail

Operations 28.5.78 to 29.5.78 AWU Parker Point DSO 29.5.78 to 30.5.78 AMWSU and AWU Pellet

Plant Maintenance Section 30.5.78 to 31.5.78 AMWSU, AWU, ETU, ASE,

Carpenters and Joiners, Plumbers, Painters and TWU, Dampier and Rail Operations

1.6.78 to 7.6.78 AWU, DSO Parker Point and East Intercourse Island

1.6.78 to 5.6.78 ETU Pellet Plant, Electrical Section

4.6.78 until after the 7th June, 1978 FED Dampier Operations and Rail Traffic, Dampier and Tom Price Operations

5.6.78 until after 7.6.78 FED in all operations 5.6.78 until at least 3.00 p.m. on 7.6.78 AWU,

Dampier and Rail Operations 6.6.78 until 12.6.78 AMWSU Dampier and Rail

Operations 6.6.78 until after 7.6.78 TWU Dampier

Operations

On and from 4.00 p.m. on Tuesday 6/6/78 all employees of Hamersley Iron at Tom Price and Paraburdoo were either stood down or on strike and those centres of operations were at a stand still.

At 7.00 a.m. on Wednesday, 7/6/78 all members of the ETU at Dampier and Rail Operations held a stopwork meeting until 8.00 a.m. when they returned to work and advised the company that they would accept selective stand downs. However, at approximately 11.00 a.m. on that day all members of the ETU in the Pellet Plant Maintenance Section again went on strike.

It was against the foregoing background that the company formed the opinion that the workers referred to in the Memorandum of Dispute could not be usefully employed on 7th June during the periods mentioned in the memorandum.

The union did not dispute any of the foregoing facts, but in the course of the proceedings it submitted a number of exhibits listing work which it submitted could have been done on the day in question. The proceedings were then adjourned to enable the company to examine the work referred to in the exhibits and to advise the Commission and the union whether it agreed that that work was available. It did so in a letter addressed to the union on March 1, 1979 in which it admitted that some of the work referred to in the union's exhibits "could have been available" but denied all claims pursuant to clause 7 (a) of Agreement No. 28 of 1977 by the workers concerned. Upon receipt of the company's letter the

23rd April, 1980.]

union wrote to the Commission requesting that a conference of the parties be convened to clarify the company's attitude. When that conference was held on 29th March the company indicated that its attitude sprang from its understanding of the provisions of the award and the parties presented their arguments on that question to the Commission on 11th May, 1979 when decision was reserved on that point.

The material part of the subject agreement provides that the employer may deduct payment for any day during which a worker cannot be usefully employed because of any strike. A similar provision was considered by the Commonwealth Industrial Court in 1971 (17FLR 330) and although the decision in that case is not binding on this Commission and the Judges constituting the Bench were not entirely of the same mind there are certain aspects of the matter on which they appear to have shared a common view. Thus, in the joint Judgement of Spicer C. J. and Smithers J. it was held that the expression "Usefully employed" "necessarily connotes that by the employment in contemplation there will be a net benefit to the employer's business by reason of the performance of the particular work done", (p. 334), whilst Joske J. said that "the employment must be of use to the employer in his business operations" (p. 336). Next, it was the common view of the three members of the Bench that the provision authorised the standing down of an employee without pay on a day on which less than a full day's work was available for performance by him. Thirdly, the judgements recognise that the provision should be construed in the light of what is industrially reasonable and finally, the members of the Bench were as one on the point that the question as to whether an employee can be usefully employed is to be asked with respect to the individual employee.

I am, with respect, of the same opinion on those four points, but on some of them I think it may be helpful to add a comment in the context of the present case. In relation to the first point, the question whether the employment in contemplation will be of use to the employer in his business operations is in part a question of fact and in part a question of judgement and it seems to me that the proper approach for this Commission to take in disputes arising under this provision is to ask whether the employer has, in the case in issue, made his judgement as a reasonable man would have done. To ask, in other words, whether, having regard for the circumstances existing at the time, the employer has addressed his mind in a rational way to the question whether particular employees can be usefully continued in employment or whether, without regard for that question, he has stood those employees down as a retaliatory measure or as a matter of policy or for some other reason or purpose not relevant to the clause under consideration. An assessment of the propriety of the employer's actions in that respect, must be made in the particular factual context. In a small business, for example, it will usually be relatively easy for an employer to determine whether one or more of his employees can be usefully employed if others are not working or if, for some other reason, a part of his business cannot be kept in operation. In a large and complex enterprise such as the one operated by the respondent, in which there is a great interdependence of functions; in which an establishment of workers in various categories must be maintained in order to sustain the operations at optimum level; in which, for that purpose, the operations at optimum level; in which, for that purpose, the operations are sectionalised and tasks are divided between day workers and shift workers, the determination of the same question is much more difficult and the degree

579

of difficulty is a relevant consideration in deciding whether the employer has acted reasonably in making that determination.

That difficulty is obviously compounded when decisions have to be made against a background of the kind described earlier in these reasons.

The second point mentioned above requires no further comment except to say that it would appear to determine at the threshold the claims by those workers seeking payment for part only of a day.

Finally, I think it is of value to dispel the notion that the question whether the employer is entitled to deduct payment under the clause may be answered simply by ascertaining whether, on the particular day, there was work available to be done which could be described as "useful work" in the sense that it was work which, if there had not been a strike, would have been done on that day or on some other day, or in the sense that it would be done or would need to be done after the cessation of the strike. It has already been noted that the clause relates to a day in the sense that it authorises stand down unless a full day's work is available. It should also be noted that it relates to a day in the sense that it is the performance of work on the particular day that is to be judged useful or not. Similarly, it has been noted that it is the employment of each employee that has to be considered, but if the available work is not usually the work of that employee it is relevant to ask whether the performance of that work by that employee, if it thereby removes the possibility of its performance either on that day or on some other day by the employee whose work it usually is, is useful. In summary therefore, given the availability of particular work the performance of which would occupy a particular employee for a full day, the question which, in my opinion, the employer must ask is whether the employment of that worker on that work on that day is of "net benefit to the employer's business" or as Joske J. put it "of use to the employer in his business operations". That question must be asked and answered and the reasonableness of the answer assessed in the light of the circumstances existing on the day in question and the reasonable expectation as to the immediate future generated by those circumstances.

The reference will be further adjourned to enable the parties to consider the foregoing observations and will be restored to the list at the request of either party or struck out if the parties jointly so request.

Editor's Note. Following discussions in chambers the union

advised that it did not wish to pursue the matter further and it was therefore struck out.


No. CR365 of 1978. Between Electrical Trades Union of Workers of

Australia (Western Australian Branch), Perth, Applicant, and Hamersley Iron Pty. Limited, Respondent.

Order. HAVING heard Mr A. R. Beech on behalf of the applicant and Mr J. J. Christian on behalf of the respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the reference herein be struck out. Dated at Perth this 14th day of March, 1980.



5! 10 [23rd April, 1980.


No. CR467 of 1979. Between Printing and Kindred Industries Union,

Western Australian Branch, Industrial Union of Workers, Applicant, and Nationwide News Pty. Ltd. (trading as The Sunday Times), Respondent.

Order. HAVING heard Mr L. W. Giles on behalf of the applicant and Mr K. McQueen on behalf of the respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the reference herein be struck out. Dated at Perth this 14th day of March, 1980.


DISPUTES—

Memorandum of Agreement Under Section 44—

(I.A. Act 1979)—

INDUSTRIAL ARBITRATION ACT, 1979. In The Western Australian Industrial Commission.

No. C20 of 1980. In the matter of the Industrial Arbitration Act, 1979,

and in the matter of an industrial dispute between Amalgamated Metal Workers' and Shipwrights' Union of Western Australia; and Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth; and Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch; and James Hardie and Co. Pty Limited.

Memorandum of Agreement. WHEREAS pursuant to section 44 of the Industrial Arbitration Act, 1979, I, the undersigned, Commissioner of the Western Australian Industrial Commission, presided over a conference between the abovenamed parties; and whereas at the said conference an agreement was reached in the terms of a Memorandum of Agreement, a copy of which is annexed hereto and endorsed and signed by me for the purpose of identification: Now therefore I, pursuant to the powers in this behalf vested in me by the said Act, do hereby publish the said Memorandum of Agreement.



Memorandum of Agreement. Note:— Wherever the word "Order" occurs herein

it shall be taken to mean and include "Agreement".

1.—Title. This Order shall be known as the "Metal Trades

(James Hardie and Co. Pty Limited) Order 1980" and shall replace the Memorandum of Agreement No. C428 of 1978 dated the 20th day of September, 1978, except vyith respect to workers members of or eligible to be members of the Federated Engine Drivers and Firemen's Union of Workers of Western Australia.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Rates of Pay. 5. Date of Operation.

3.—Scope. This Order between the Amalgamated Metal

Workers' and Shipwrights' Union of Western Australia; the Electrical Trades Union of Australia (Western Australian Branch) Perth; the Australasian Society of Engineers, Moulders and Foundry Workers Industrial Union of Workers, Western Australian Branch; and James Hardie and Co. Pty Limited shall apply to those workers employed by that employer in the classifications set in clause 4 Rates of Pay of this Order.

4.—Rates of Pay. (1) Notwithstanding the provisions of the Metal

Trades (General) Award No. 13 of 1965 the ordinary weekly rates of wage payable to the workers covered by this Order shall be as follows for all purposes of the award—

$ (a) Fitter and turner 208.90 (b) Motor mechanic 208.90 (c) Electrical fitter 208.90 (d) Electrical installer 208.90 (e) Tradesman's Assistant who uses a

grinding machine 181.80 (2) The rate for each classification mentioned in

subclause (1) of this clause shall be adjusted in accordance with any movement of the rate of wage prescribed for that classification in the Metal Trades (General) Award No. 13 of 1965 arising from a movement in the Consumer Price Index.

(3) (a) Where an employer does not provide a tradesman with the tools ordinarily required by that tradesman in the performance of his work as a tradesman the employer shall pay a tool allowance of $4.00 per week to such tradesman for the purpose of such tradesman supplying and maintaining tools ordinarily required in the performance of his work as a tradesman.

(b) Any tool allowance paid pursuant to paragraph (a) of this subclause shall be included in, and form part of, the ordinary" weekly wage prescribed in this clause.

(c) An employer shall provide for the use of tradesmen all necessary power tools, special purpose tools and precision measuring instruments.

(d) A tradesman shall replace or pay for any tools supplied by his employer if lost through his negligence.

5.—Date of Operation. (1) The rate of pay set out in subclause (1) of

Clause 4.—Rates of Pay. shall operate from the beginning of the first pay period to commence on or after the 6th day of January, 1980.

(2) The tool allowance set out in subclause (3) of Clause 4.—Rates of Pay shall operate from the beginning of the first pay period to commence on or after the 15th day of November, 1979.

23rd April, 1980.J

I hereby certify that this is the Memorandum of Agreement issued by me on the 4th day of March, 1980.


DISPUTES— Orders Made Under Section 44—

(LA. Act 1979)—


No. CR541 of 1979.

Between The Australian Workers' Union, West Australian Branch, Industrial Union of Workers, Applicant, and Hamersley Iron Pty Limited, Respondent.

Before the Chief Industrial Commissioner B. M. O'Sullivan Esq.

The 6th day of March, 1980. Mr L. Fisher on behalf of the applicant. Mr J. J. Christian on behalf of the respondent.

Judgment. THE COMMISSIONER: This matter comes before the Commission by way of a reference made arising out of a conference between the parties held pursuant to the provisions of Section 1081 of the 1912 Act.

The claim of the union as disclosed in the memorandum of matters in dispute is—

That the workers employed in the plant area at the crushing and screening sections and who are engaged in road works in those sections be eligible and be declared as workers classified M.E.P.O.

and the company denies the claim and objects to any declaration being made.

There is no real dispute as to the circumstances leading up to the hearing and briefly the facts are that in the agreements made by Hamersley Iron with the union the classification M.E.P.O. has been included. M.E.P.O stands for Mobile Equipment Plant Operator and the agreements referred to are each registered under the numbers 4 of 1976 and 28 of 1977.

Clause 3 Definitions in agreement No. 28 of 1977 contains the definition of Mobile Equipment Plant Operator in the following terms:—

"Mobile Equipment Plant Operator" means a mobile equipment operator, employed within the mining operations who has been passed by the company as competent to operate the range of heavy duty mobile equipment, irrespective of b.h.p. and at least including Dozers, Scrapers, Graders and Front-End Loaders;

(Note: Classification to this position is generally controlled by the number of established positions at either mine and it is not intended to pass out at any one time more than four such workers in excess of the establishment at that time.)"

581

The 1976 agreement contained the definition in the same terms except that it commenced with the words—

. . . means a mobile equipment operator appointed as such ... (My underlining.)

The claim is solely related to the workforce at Tom Price and no information or submission as tendered related to any other workforce.

The history of the creation of the classification M.E.P.O. was discussed at length and reference was made to the transcript of the negotiations between the parties at the time both the agreements were being discussed by them. From all of the arguments put in this case it seems clear that the original intention was that the classification be applied only at the mining operations themselves and no call was made in respect of the processing or plant operations of the undertakings.

It also becomes apparent to me that the control of the classification was intended to be retained by the company when I pay regard for the "Note" to the definition in the 1977 Agreement. That control or restraint seems fair in the circumstances of the "appointed as such" having been deleted from what had been the definition in 1976.

I have concluded that the final acceptance by the parties was that workers who are qualified to use and work any and all of the nominated range of heavy duty equipment and whose qualification is accepted by the company and, I suppose I must add, whose work is appropriate, are considered proper to be included in the classification.

There is no doubt that until reasonably recently the workforce of the plant was not required to drive or work all the types of equipment nominated. Indeed as the section was not provided with the equipment when work was to be carried out which required the using of the heavy duty equipment it was called in from "the hill" and an operator came with it—carried out the work and returned to the hill.

As time went by the plant workforce became equipped with additional items of heavy duty equipment and the need to call on "the hill" to supply asssistance was gradually phased out until at this time I am informed the plant force is now equipped with heavy duty equipment satisfactory for the performance of all of a very large range of work it is required to carry out. Furthermore certain of the workers, operators, at the plant section do operate all of the range of equipment at the section, in the same manner as do the M.E.P.O. classified workers at the hill. Some reservation is made in respect of the usage of a "scraper" but I do not feel that much depends on that matter in this case.

I had the benefit of hearing evidence from witnesses concerning the history of work and progress in the obtaining of equipment at the plant and operators and foremen assisted me in their explanations of the nature of the work. I had . the further benefit of visiting the plant area of the operations and I saw the work-sites of the workforce including the stock piles, roads and waste disposal areas at which latter site a heavy duty machine was working.

It is suggested, and I can generally accept, that the work carried out by the plant workforce using the heavy duty equipment is not as dangerous as that carried out on the hill by the M.E.P.O. classified workers, but whilst that is a matter proper for consideration it is not the major ingredient in the qualification of the worker.


5: 12 [23rd April, 1980.

Having considered all matters put I have concluded that the workers, and I understand there are two of them, employed at the plant section and required to operate the nominated heavy duty equipment should be given the benefit of the classification M.E.P.O. It is accepted that they are competent arid they are required to perform work with the machines.

Accordingly I will make the declaration that those workers employed in the plant area at the crushing and screening area and who are engaged using the range of heavy duty mobile equipment prescribed in the definition "Mobile Equipment Plant Operator" and who are engaged in road works in those sections are workers to whom the classification M.E.P.O. applies.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION



HAVING heard Mr L. Fisher on behalf of the applicant and Mr J. J. Christian on behalf of the respondent, !, the undersigned Chief Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 44 (10) of the Industrial Arbitration Act, 1979 and all other powers therein enabling me, do hereby order and declare—

That those workers employed in the plant area at the crushing and screening area and who are engaged using the range of heayy duty mobile equipment prescribed in the definition "Mobile Equipment Plant Operator" and who are engaged in road works in those sections are workers to whom the classification M.E.P.O. applies.


(Sgd.) B. M. O'SULLIVAN, [L.S.] Commissioner.


No. CR43 of 1980. Between The West Australian Branch, Australasian

Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant and Norwest Beef Industries Limited, Respondent.

Before Mr Commissioner G. J. Martin. The 11th day of March, 1980.

Mr K. C. Watson-Bates on behalf of the applicant. Mr P. D. Burchardt on behalf of the respondent.

Decision. THE COMMISSIONER: The following matter was referred to the Commission for hearing and determination pursuant to section 1081 of the Industrial Arbitration Act, 1912-1979 on the 14th day of February, 1980.

Schedule "A". The West Australian Branch, Australasian

Meat Industry Employees' Union, Industrial Union of Workers, Perth claims that the workers designated in the schedule marked "B" and annexed hereto shall be employed by Norwest Beef Industries Ltd. (the employer) for its "1980 season" operations in Wyndharii on the grounds that the said workers were employed by the employer during its "1979 season" operations in Wyndham and are competent and efficient workers in the callings itemised in schedule "B".

Norwest Beef Industries Ltd. objects to and opposes that claim on the grounds that such workers are not considered to be suitable workers for its "1980 season" operations and additionally challenges the power of the Commission to allow such a claim.

Schedule "B". Female Workers—

H. Bonser Packer P. Cook Packer D. Hanson Packer R. Hanson Packer R. Howden Packer C. Nicholls Packer

Male Workers— R. Elwood Boner D. Gaden Sheer R. H. Hanson Boner A. Lucas Head Ring S. Moody Slaughterman A. Newman Slaughterman W. Outram Slaughterman R. Rowe Slaughterman A. Sairago Sheer R. Shaw Slaughterman M. Smith Trimmer W. Swanson Head Ring

The matter was heard by the Commission on the 26th and 27th days of February, 1980, and the decision reserved.

At the commencement of proceedings the parties advised the Commission that the respondent's objection to the employment of Miss R. Howden—Packer and Mr A. Sairago—Sheer, was now withdrawn and that the applicant would not present a case in respect of Miss P. Cook—Packer and Mr G. Goldfinch—Head Ring.

The parties also agreed to include in the proceedings Mrs R. Hansen—Packer and Mr R. E. Hansen—Boner, omitted by error from the original lists compiled by the applicant.


The Commission allowed schedule "B" annexed to the memorandum of dispute to be amended accordingly.

For the purpose of the proceedings the respondent accepted the role of putting its material first in order that the applicant could be aware of the particular reason(s), why the respondent did not wish to employ the workers designated in the schedule marked "B" and attached to and forming part of the matter of difference referred to the Commission for hearing and determination.

The respondent at least since 1977 has operated the abattoir at Wyndham during the season which runs from circa April to November of each year: For that purpose, each season a work force is recruited, applicants being sought thoughout Australia.

A large number of workers have been selected from year to year forming a nucleus of workers experienced in the system under which the abattoir is conducted, the living and social environment at Wyndham and these workers in many cases have made the season their main source of income—not necessarily taking employment during the "off season".

Such workers have an expectation that from season to season their skills and services will be wanted at Wyndham and unless otherwise advised by the respondent will be so employed.

At the end of the 1979 season the respondent made it known to all employees whether or not they were to apply for work during the 1980 season. This was done to enable those advised not to apply for 1980 to seek other work and not "wait about" with the false expectation that they would be continued in the Wyndham season stream.

The workers on whose behalf the applicant makes the present claim are some of those workers.

In general the respondent explained to the Commission that its operations in 1979, particularly in the second half thereof, had been a disaster, from the industrial relations aspect, 15 full days and 21 part days of the available days having been lost through industrial disputes and 11000 head of stock not processed as a result of those disputes.

The applicant suggests that that situation was aggravated, or at least contributed to by steps by the respondent to increase its throughput of stock which had meant physical alterations to the abattoir, additional workers and the resultant problems arising from trying to do those things in a works which is apparently limited when it comes to structural alteration.

That disaster or "horrific season" as the applicant described it, led the respondent to the viewpoint that it must in 1980, do all in its power to prevent a repetition of 1979.

It therefore analysed its 1979 workforce and identified the workers whom it considered would not be compatible with that aim.

The grounds advanced in the particular cases can be summarised as:—

Inefficiency Incompetency Absenteeism Poor time keeping Lack of flexibility Lack of application Attitudes towards the respondent and its agents

which were either obstructive or disruptive. Evidence was adduced by both parties, in support

and rebuttal of the particular complaint or complaints against each worker.

The Commission does not consider it appropriate to itemise those complaints in respect of each worker. The record is there for the parties and to others in the event that further proceedings ensue from the Commission's determination of the matter.

The Commission observes that the respondent does not rely upon the fact that some of the workers were or had been at some stage during the 1979 season "shop stewards", "shed delegates" or the like but in some cases it is clear that such activities may have had an influence upon the workers concerned in their attitudes to or application to the work to be performed by them.

However, in all cases it was a matter other than those specific activities upon which the respondent relied in its material to the Commission.

The Commission concludes firstly that the criticisms levelled at absenteeism and time keeping were not sufficiently substantial as to be impediments to the acceptability of the workers concerned in an employment situation and will therefore not be taken into account in the determination of this matter.

Accordingly workers against whom those criticisms only were made call for no further consideration.

Those whom the respondent considers to be, by their attitudes or behaviour incompatible with the smooth operation of the abattoir vary in the degree to which they are disruptive, or obstructive but in most cases are regarded as quite competent workers.

The Commission takes the view in such cases that the attitudes are not of such magnitude or severity to disbar them from being at least considered on their work merits for the 1980 season.

At the level of competency or efficiency some workers are not in the Commission's view entitled to expect re-employment in 1980 on their 1979 performance, in the callings in which they worked in 1979.

Having recited those conclusions the Commission is then faced with the question of the form of determination it should make of the matter.

The Commission is loathe to force the respondent to employ people it believes it has good cause not to unless there are clear and substantial reasons for so doing and such have not been conclusively demonstrated to the Commission.

Accordingly the Commission will determine this matter by an order not in the form claimed but in a form which purports to say that all of the workers named in the schedule accompanying the proposed order are to be permitted to submit applications (if they have not already done so) to the respondent for employment for the 1980 season at Wyndham in the callings specified in the schedule if they still so wish to work in Wyndham in 1980, and that such applicants are to be treated by the respondent as equal in competency to any other applicant for the vacancies in that calling and other applicants are not to be preferred unless it can be clearly evidenced that such preferred other applicant(s) possess superior skills, competence or versatility.

Bearing in mind the method by which applications are solicited and analysed by the respondent (pages 182, 183 and 184 of the transcript notes of proceedings) that comparison should not pose insurmountable difficulties.

In the event of any disputes however the parties are to have recourse to the Registrar of the Commission whose determination shall be final.-

The minutes of the proposed order now issue and the parties may speak to those minutes on a day and at a time convenient to the Commission and the parties.

93441—6

[23rd April, 1980.


No. CR43 of 1980. Between The West Australian Branch, Australasian

Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant, and Norwest Beef Industries Limited, Respondent.

HAVING heard Mr K. C. Watson-Bates on behalf of the applicant and Mr P. D. Burchardt on behalf of the respondent, I, the undersigned, Commissioner of the Western Australian Industrial Commission, in pursuance of an allocation to me under section 16 of the Industrial Arbitration Act, 1979, and in pursuance of the powers contained in section 44 of the said Act, and all other powers therein enabling me, do hereby order and declare—

1. That the workers itemised in the schedule marked "A" and annexed hereto, may if they so wish, if they have not already done so, submit applications to Norwest Beef Industries Limited for employment at Wyndham for the forthcoming "1980 season" in the callings set out in that schedule marked "A".

2. That Norwest Beef Industries Limited shall regard such applicants as equal in competence to any other applicants from whom it has received an application for the same calling and shall give preference of employment to the workers designated in schedule "A" hereto unless it can be clearly demonstrated that an applicant other than one referred to in schedule "A" hereto is more competent or versatile or possesses superior skills, in the calling concerned.

3. Any dispute between the parties to this order as to the relative competence, skills or versatility of respective applicants shall be referred to the Registrar of the Commission for determination at an interview before the Registrar and the Registrar's determination shall be final.

4. This order shall take effect on and from the 14th day of March, 1980.



Schedule "A" Female Workers—

H. Bonser Packer D. Hansen Packer R. Hansen Packer C. D. Nicholls Packer

Male Workers— R. J. Elwood Sheer D. K. Gaden Sheer R. H. Hansen Boner (Not Ribs) A. M. Lucas Head Ring S. Moody Slaughterman (Not Flanking) A. G. Newman Slaughterman (Not Fronting

Out) W. Outram Head Ring R. Rowe Head Ring R. J. Shaw Slaughterman (Not Legging) B. Smith Trimmer W. Swanson Head Ring

REFERENCE OF INDUSTRIAL DISPUTE—

Preliminary Point—


Reference No. 22 of 1979. Between the Federated Millers' and Mill Employees'

Union of Workers of Western Australia, Applicant, and Bunbury Foods Pty Ltd, Respondent.

Before Mr Commissioner G. G. Halliwell. The 14th day of March, 1980.

Mr H. G. Truslove on behalf of the applicant. Mr G. A. Black on behalf of the respondent. Mr N. J. Millar intervening on behalf of The Food

Preservers' Union of Western Australia, Union of Workers.

Preliminary Point Judgment. THE COMMISSIONER: This is a reference of industrial dispute No. R22 of 1979 which seeks a new award to be known as the "Cereal Processing Extracting and Manufacturing Award—Bunbury Foods Pty Ltd No. 22 of 1979".

A preliminary point arose as to whether the applicant union had constitutional coverage of the industry to which the award would apply and if so, should industrial coverage be granted by the Commission? These two matters were raised by both the proposed respondent to the award and The Food Preservers' Union.

Some confusion arose with respect to the correct constitutional rule of the applicant union, however, this was resolved by the issuance by the Registrar on the 17/12/79 of a certificate setting out the provisions of the registered constitutional rule.

The relevant provisions of that rule are set out hereunder:—

2.—Constitution. (a) The union shall consist of all employees

engaged in connection with the flour milling and stock foods industries, including those persons engaged in the milling, handling and conditioning of grain and other by- products, together with such persons, whether engaged in such industrial pursuits or not, who are officers and admitted as members of the union, having been elected according to these Rules.

(b) The area over which this union is authorised to operate shall be the State of Western Australia.

The objecting union's constitutional rule, in so far as is relevant, is as follows:—

3.—Interpretation. In these Rules each of the following' terms

shall have the respective meaning hereby assigned to it:—

"Grocers' Sundries" means and includes cereal and farinaceous foods, tea, coffee and/or chicory essence, coffee, chicory, cocoa, honey, jams, self-raising flour, salt, starch, bird seed, matches, sauces, vinegar, pickles, chutneys, rice, sago, tapioca, macaroni, vermicelli, spaghetti, mustard, spices, herbs, condiments, peppers, soups, fish and fish pastes,


Italian paste, flavouring and colouring essences, peel, preserved fruits, dried fruits, health salines, nuts and nut foods and products, edible oils, margarine. eggs, baking powder, custard powder, blane mange powder, jelly or jelly crystals, gelatine, vegetables, methylated spirits, turpentine, linseed oils, oils, benzine and polishing materials.

4—Membership. 1. The union shall consist of an unlimited

number of persons comprising those:— (a) Who are employed in the manufacture.

packing, bottling, blending, refining, pulping, brewing, mixing of the following: Pastry, confectionery, biscuits, cakes, cake ornaments, ice, ice cream, grocers' sundries, chemists' sundries.

The Commission accepts as factual that the business of the employer is as described by Mr Black:—

As I have already indicated, Bunbury Foods are in the business of producing margarine and edible oils, not stock foods. There will be, when they get involved in the extraction from various types of seeds in 1981, a by-product which could be used by the stock foods industry but it is very much a minor role, a minor part of their operation, and in no sense could it ever be held to be the major and substantial part of their business. Their business is the manufacture of margarines and edible oils.

The sorts of seeds, not grains, which will be put through a solvent extraction process, not a milling process, by Bunbury Foods Pty Ltd in 1981 are the seeds of sunflowers, safflowers, rape, and soya beans, but in no way, in our view, is it the milling, handling and conditioning of grain and other by-products, which is what is spelt out by the union's constitution. (Transcript page 20.) (Emphasis mine.)

The objecting union relies, particularly, upon the words in its constitutional rule "... including those persons engaged in the milling, handling and conditioning of grain and other by-products ...".

The plain words, in the Commission's opinion, lead to the conclusion that "other by-products" are to be read as "other by-products" obtained from "the milling, handling and conditioning" of grain.

As set out earlier herein the industry of the employer is, inter alia, "the 'manufacture of margarines and edible oils" and that process does not, at the present time, nor probably in 1981, involve "the milling, handling and conditioning of grain and other by products" (of grain). There is a clear difference between grain, as contained in the applicant union's constitution, and the sorts of seeds which, if all goes well, will be processed by the employer in due course. Those seed types, when processed as described (supra), plainly come within the constitutional rule of the objecting union.

As the applicant has no constitutional coverage the reference R22 of 1979 is dismissed.


No. R22 of 1979. Between The Federated Millers' and Mill Employees'

Union of Workers of Western Australia, Applicant, and Bunbury Foods Pty Ltd, Respondent.

HAVING heard Mr H. G. Truslove on behalf of the applicant, Mr G. A. Black on behalf of the respondent and Mr N. J. Millar intervening on behalf of The Food Preservers' Union of Western Australia, Union of Workers, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 16 of the Industrial Arbitration Act, 1979, and in pursuance of the powers contained in section 27 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the preliminary point raised by the applicant union as to constitutional coverage be dismissed and accordingly Reference of Industrial Dispute No. 22 of 1979 is dismissed.


(Sgd.) G. G. HALLIWELL, [L.S.] Commissioner.

PUBLIC SERVICE

ARBITRATION—

Agreement Filed—

PUBLIC SERVICE ARBITRATION ACT, 1966.

PURSUANT to the provisions of Regulation 8 of the Public Service Arbitration Act Regulations 1978 the following Agreement is published for general information.

S. M. ARMSTRONG, Registrar.

Western Australia. Public Service Arbitration Act, 1966-1978.

THE FORESTS ACT FIELD STAFF AGREEMENT, 1980.

No. 4 of 1980. THIS Agreement, made pursuant to the provisions of the Public Service Arbitration Act, 1966-1978 of Western Australia, this 4th day of March, 1980, between The Civil Service Association of Western Australia Incorporated (hereinafter referred to as the Association) of the one part and the Conservator of Forests (hereinafter referred to as the Conservator; of the other part, witnesseth that the parties hereto mutually convenant and agree the one with the other as follows:—

1.—Title. This Agreement shall be known as The Forests Act

Field Staff Agreement, 1980 and shall supersede and replace The Forests Act Field Staff Agreement 1976, No. 11 of 1976.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Adjustment of Salary Rates. 5. Salaries. 6. Forest Guards and Forest Rangers. 7. Forest Assistants and Technical Assistants. 8. Clerical Assistants and Telephonists. 9. Clerical Officers.

10. Laboratory Assistants. 11. Typists, Clerk Typists—Salaries and

Allowances. 12. Permanent Officers. 13. Temporary Officers. 14. Promotion. 15. Annual Increments. 16. Fire Duties Allowances and Conditions. 17. Resident Officers. 18. Weekly and Daily Hours of Employment. 19. Leave of Absence. 20. Miscellaneous Allowances. 21. Status. 22. Maintenance of Salaries. 23. Copies of Agreement. 24. Term of Agreement.

Schedule A—Salaries Schedule B—Clerical Assistants and

Telephonists—Salaries Schedule C—Clerical Officers—Salaries Schedule D—Laboratory Assistants

—Salaries Schedule E—Typists and Clerk Typists

—Salaries and Allowances.

3.—Area and Scope. This Agreement shall apply to all Government

Officers employed under and within the meaning of the Forests Act, 1918-1976, who occupy positions on the field staff of the Conservator.

4.—Adjustment of Salary Rates. The various salary rates expressed herein shall be

automatically varied to conform to any variations which are made from time to time in the equivalent salary rates applying to officers covered by the Public Service (General Division Officers) Salaries Agreement 1975, No. 8 of 1975 except that the salary rates for Clerk Typists, Typists, Clerical Assistants and Telephonists shall be varied automatically to conform to any variations which are made from time to time in the equivalent salary rates applying to officers covered by the Public Service (Administrative and Clerical Officers) Salaries Agreement 1974, No. 18 of 1974. Any variations to the Public Service (General Division Officers) Agreement 1975, No. 8 of 1975 or to the Public Service (Administrative and Clerical Officers) Salaries Agreement 1974, No. 18 of 1974 shall apply to the salary rates expressed herein from the same date of application that the variations have been effected in respect to the appropriate Agreement referred to above.

5.—Salaries. (a) The salaries applicable to officers covered by

this Agreement, unless otherwise specifically stated in this Agreement, shall be as set out in Schedule A to this Agreement.

(b) In allocating salaries or salary ranges, in accordance with section 12 of the Public Service Arbitration Act, 1966-1978 the Conservator may amalgamate any two or more levels.

6.—Forest Guards and Forest Rangers. Subject to the provisions of Clause 15:—

(a) Officers classified as Forest Guards shall progress annually through the salary range for Level F.2 in Schedule A to this Agreement, according to the increments therein.

(b) Where an officer classified Level F.2 has not received promotion or reclassification to Level F.3 or above and that officer has completed twelve (12) months' service on the maximum salary for an officer classified Level F.2, the officer shall be retitled Forest Ranger and reclassified to Level F.3 and shall progress annually through that salary range according to the salary increments therein.

7.—Forest Assistants and Technical Assistants. Subject to the provisions of Clause 15:—

(a) Officers classified Forest Assistant (Junior) or Technical Assistant (Junior) shall be paid the appropriate salary rate for Level F.l in Schedule A and shall progress annually through the range of salary according to the salary increments provided that an officer who is aged 21 or over on appointment to the Field Staff shall not be classified at a level less than Level F.2.

(b) Officers classified Forest Assistant Grade 3 or Technical Assistant Grade 3 shall progress annually through the salary range for Level F. 2 in Schedule A to this Agreement, according to the salary increments therein.

(c) Where an officer classified Forest Assistant Grade 3 or Technical Assistant Grade 3 has not received promotion or reclassification to Level F.3 or above and that officer has completed 12 months' service on the maximum salary for an officer classified Level F.2, the officer shall be reclassified to Level F.3 and shall progress annually through that salary range according to the salary increments therein.

8.—Clerical Assistants and Telephonists. Subject to the provisions of Clause 15:—

(a) Officers employed by the Conservator in the capacity of Clerical Assistant or of Telephonist shall upon appointment be paid the appropriate rate in accordance with the salary range set out in Schedule B to this Agreement and shall progress annually in accordance with the salary increments therein, provided that an officer over the age of 21 on appointment to the Field Staff may be appointed on the basis of years of service rather than age.

(b) (i) An officer employed as a Telephonist who has completed not less than twenty (20) years of continuous permanent service shall be paid an allowance of $100 per annum provided that the Conservator certifies as to the good conduct, and efficiency of the officer,

(ii) A Telephonist who passes the Telephonists' Efficiency Examination as approved by the Conservator shall be paid an allowance of $80 per annum.

9.—Clerical Officers. The rates of pay and the associated conditions for

clerical officers (not being Forest Assistants) employed by the Conservator shall be as prescribed

23rd April, 1980. J

in Clause 6.—Clerical Officers—Automatic Range of the Public Service (Administrative and Clerical Officers) Salaries Agreement 1974, No. 18 of 1974, (as shown in Schedule C) provided that officers who do not hold a Leaving Certificate or an approved equivalent qualification shall progress beyond the rate prescribed for the fourth year of service without acquiring such a qualification.

10.—Laboratory Assistants. (a) Officers employed by the Conservator in the

capacity of Laboratory Assistant shall be paid the appropriate rate in accordance with the salary range set out in Schedule D to this Agreement and shall progress annually in accordance with the salary increments therein, subject to the provisions of Clause 15 of this Agreement, provided that—

(i) An officer who is over the age of 21 years on appointment may be appointed on the basis of years of service rather than age.

(ii) An officer who has been retained on the maximum salary prescribed in Schedule D for a period of five (5) years shall be paid an allowance of $60.00 per annum provided that the Branch Head certifies that the officer is eligible and would be recommended for promotion on the grounds of good conduct and efficiency. An allowance paid under this subclause shall be converted to salary on the promotion of the officer to a higher position and shall cease should the officer refuse to accept promotion.

11.—Typists, Clerk Typists—Salaries and Allowances.

(a) Officers employed by the Conservator in the capacity of Typist or Clerk Typist shall be paid the appropriate rate in accordance with the salary range set out in Schedule E to this Agreement and shall progress annually in accordance with the salary increments therein, subject to the provisions of Clause 15 of this Agreement.

(b) The allowance payable to officers employed by the Conservator as Typists or Clerk Typists shall be as set out in Schedule E to this Agreement.

12.—Permanent Officers. With the approval of the Conservator, a person

temporarily employed qiay be ^.appointed to the permanent staff on the completion of six (6) months service, provided a satisfactory report as to conduct, diligence and efficiency is received from a Superintendent. Any such appdiatment will be subject to probation, medical examination and superannuation or insurance as provided for in the Public Service Act, 1978.

13.—Temporary Officers. A temporary officer under this Agreement shall .be

paid at a rate of pay equivalent to the annual rate that would be payable under the provisions of this Agreement to a permanent officer engaged on duties of a similar nature and of equal responsibility.

14.—Promotion. (a) Promotional examinations shall be conducted

from time to time as provided in the Forests Act and Regulations.

(b) Where the passing of a promotional examination is a prerequisite for promotion to a higher grade, an officer may sit for the examinations in their consecutive order up to and including two grades above his classification at the time of the application to sit for such examination. Provided that the Conservator may refuse permission to sit for the same examination on two successive occasions.

587

(c) Every candidate shall be advised in writing by the Conservator of the results of such examination.

(d) The passing of the prescribed examination is a pre-requisite for promotion to the following grades:—

Assistant Forest Assistant Technical Forester Grade 1 Assistant

Grade 1 Forester Technical

Officer Grade 2

District Technical Forester Officer

Grade 1 An officer who has passed the examination

prescribed for promotion to the next higher level and who has been on the maximum of his level for twelve (12) months shall, whilst awaiting promotion, receive an allowance of $60 per annum payable as from the first day of January subsequent to the date of the promotional examination or the date thereafter when he completes twelve (12) months service at the maximum of his level, provided that any such officer who refuses promotion to a higher level shall not receive the allowance.

(e) A Forest Assistant Grade 2 shall be required to serve a period of not less than six (6) months in the field before becoming eligible for promotion to the rank of Forest Assistant Grade 1.

15.—Annual Increments. Subject to good conduct, diligence and efficiency to

the satisfaction of the Conservator, officers shall proceed from the minimum to the maximum of their classifications by annual increments according to the grades of such classifications.

16.—Fire Duties, Allowances and Conditions. For the purposes of this clause, unless the contrary

intention appears, the term Fire Control shall be deemed to include fire suppression, prescribed burning, experimental burning, mopping up operations and patrols.

A. Listed Officers (a) The Conservator shall compile a list of all

officers to be rostered for fire duties and shall forward a copy of the list to all Divisions prior to the 1st day of October in each year. All officers included in that list shall be entitled to the following:—

(i) One week's leave in addition to the normal entitlement to annual leave of absence for recreation. Provided that such additional leave shall be proportionately reduced to take into account— (a) any period of long service leave,

leave without pay, annual leave or sick leave in excess of two weeks taken during the fire season;

(b) any period during which an officer is transferred to duties not associated with fire control and during which the officer's name is removed from the list of officers rostered for fire duties;

(c) reductions in the additional week's leave provided by sub-clause 16A (a)(i) shall be at the rate of one day of leave for each period of five (5) weeks that an officer is not included in the Divisional List except in the circumstances of subclause 16A (a)(i)(a) where no deduction from the additional leave shall be made until the commencement of the third week of absence from duty.


Provided further that the additional week's leave shall not be subject to the annual leave loading prescribed by the Public Service Miscellaneous Allowances Award 1976 No. 17 of 1976.

(ii) Allowances as follows shall be paid for periods of actual duty as required by the roster: (a) Duty Officer—$145.66 per week.

Provided that an additional allowance of $47.99 per day shall be paid for each Public Service holiday so worked.

(b) Officer on Fire Emergency Availability. (i) An officer who in accordance

with the roster or who at the direction of the Conservator or a Senior Officer duly authorised by him, is required to hold himself available on fire emergency availability on a weekly basis, outside of normal hours, shall be paid an allowance of $57.58 per week.

Provided that an officer who is rostered for fire emergency availability duty on a weekly basis shall be paid an additional allowance of $11.29 per day for each Public Service holiday which falls during a week in which the officer is rostered or directed to hold himself on fire emergency availability.

(ii) An officer who has been directed by the Conservator or a Senior Officer duly authorised by him, to hold himself on fire emergency availability on a daily basis shall be paid an allowance in accordance with the following scale— When the roster period is for (a) any night, Monday to

Friday, inclusive—$5.00 per night;

(b) Saturday, Sunday, Public Service holiday—$16.29 per day.

(iii) Work performed on fire control outside of normal working hours shall be classed as overtime and payment for such work shall be at the rates §rescribed in the Public

ervice Overtime Award 1978, No. 10 of 1978.

(b) An officer included in the list provided by subclause 16A(a) shall have at least an average of one weekend in three entirely free from duty.

(c) An officer who is included in the list after the commencement of the fire season, shall be entitled to the appropriate allowances prescribed by subclause 16A(a). Such an officer shall receive additional leave at the rate of one day for every five (5) weeks or portion of five (5) weeks that the officer is included in the list.

(d) A listed officer who is not rostered for duty and who has not been placed on fire emergency availability by the Duty Officer shall not be required to restrict his movements outside of normal hours, provided that an address (to be used only in the case of emergency) shall be indicated on the Duty Board.

B. Non-Listed Officers (a) An officer not named in the list specified in

subclause 16A(a) shall be deemed to be unavailable for rostering and, subject to the provisions of subclause, may leave his district outside of normal hours, without obtaining the permission of the authorised Senior Officer.

(b) An officer specified in subclause 16A(a) may be placed on fire emergency availability by a Senior Officer authorised by the Conservator and in such circumstances, payment to that officer shall be in accordance with the following scale—

(i) any night, Monday to Friday inclusive, $5.00 per night;

(ii) Saturday, Sunday or Public Service, holiday—$16.29 per day.

(c) An officer not named in the list who is placed on fire emergency availability on more than five (5) weekends shall be entitled to the additional leave and allowances prescribed by subclause 16A.

(d) Any officer may be called upon to engage in actual fire control or associated duties and such work performed outside of normal working hours shall be classed as overtime and payment for such work shall be at the rates prescribed by the Public Service Overtime Award 1978, No. 10 of 1978.

C. General (a) The rates prescribed in this clause shall be

varied as follows:— (i) In the case of fire emergency

availability allowance payable Monday to Friday to the same extent as the rates prescribed by Clause 7 of the Public Service Overtime Award 1978, No. 10 of 1978. This clause shall not apply to Public Holidays.

(ii) In the case of fire emergency availability allowance for Saturdays, Sundays and Public Holidays, the rate shall be adjusted annually on the basis of the variations in the minimum of the F.3 salary rate in Schedule A. The variation shall be operative from the 1st October in each year and shall take into account any variation in salary rates arising from or relating to the period to the 30th September of that year.

(iii) The allowances paid to a Duty Officer shall conform with adjustments to the salary ranges and with variations to fire emergency availability allowances in accordance with subclause 16C(a) (i). The allowance for the Duty Officer is based on he following formula using the salary rate at the maximum of the range of a District Forester.


(a) one week fire emergency availability allowance;

(b) two hours duty per week at time and one half for duty outside normal hours on weekdays;

(c) two hours duty on a Saturday at time and one half;

(d) one hour on a Saturday at double time;

(e) two hours duty on a Sunday at double time.

(b) An officer who is called out whilst available on fire emergency availability shall be paid at the rates prescribed by the Public Service Overtime Award 1978, No. 10 of 1978, and for a minimum period of one half hour as prescribed therein.

(c) An officer who is required to carry out any fire control duties outside of normal hours and who is not on fire emergency availability shall be paid for such overtime at the rates prescribed by the Public Service Overtime Award 1978, No. 10 of 1978, and for a minimum period of three hours as prescribed therein.

(d) For the purposes of this clause, the fire "season" means a period of twenty six (26) consecutive weeks commencing on and from the beginning of the first pay period in November. Provided that the Conservator may extend or reduce the fire season by varying the commencing or finishing date to suit seasonal conditions.

(e) Allowances prescribed by this clause shall be applied during any periods of extension of the fire season.

(f) An officer called upon to perform duties associated with fire control outside of the normal fire season and outside of the normal hours of duty shall be paid for the overtime at the rates prescribed by the Public Service Overtime Award 1978, No. 10 of 1978.

(g) For the purposes of this clause of the Agreement, where an officer is required to work a continuous period of overtime which extends past midnight into the succeeding day the time worked after midnight shall be included with that worked before midnight for the purpose of the calculation of payment provided for in this clause.

(h) Where an officer so elects in writing before commencing to work overtime, time off in lieu of payment may be granted by the Conservator. Such time off in lieu to be determined on an hourly basis by dividing his normal hourly rate of pay into the amount to which he would otherwise have been entitled at the prescribed rate in accordance with subclause (b) of this clause.

(i) A break of at least 30 minutes, which shall not be reckoned as overtime, shall be made for meals between 12.00 noon and 2.00 p.m. when overtime is worked on a Saturday, Sunday or Public Service holiday, and between 5.00 p.m. and 7.00 p.m. on any week day on which overtime is worked. Provided that when the taking of a meal during the hours stipulated will seriously interfere with effective fire suppression, a duly authorised officer may vary the hours during which the meal break may be taken but not so as to prescribe a period in excess of six (6) hours between meal breaks.

(j) (i) Except as provided in (iii) of this subclause, where an officer performed overtime duty after the time at which his normal hours of duty end on one day and before the time at which his normal hours of duty are to commence on the next succeeding day for a period which results in the officer not being off duty between these times for a continuous period of not less than eight hours, the officer is entitled to absent himself from duty without loss of salary, until he has, from the time he ceased to perform overtime duty, been off duty for a continuous period of eight hours. Provided an officer who ceases duty at the fire face after midnight on the final day of operations associated with a large fire organisation shall,, not be required to return to normal duty on that day.

(ii) Provided that where an officer is required to return to or continue work without such break, he shall be paid at double the ordinary rate until he is released from duty, until he has eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(iii) Provided that where the fire suppression organisation associated with the control of a fire is reduced to •nominal fire watch levels on the first night of a fire requiring suppression activities, the minimum continuous period off duty may be reduced to six hours in lieu of eight hours as provided in (i) above. Where a break is of less than six hours duration the penalties relating to the failure to provide an eight hour break in subclauses (i) and (ii) shall be applied mutatis mutandis. Where it is claimed by the Conservator that the fire suppression organisation has been reduced to nominal fire watch levels in accordance with the provisions of this subclause, the Association shall have the right to dispute such a contention and, where agreement cannot be reached, the matter shall be deemed to be a dispute within the meaning of the provisions of Section 11 (i) (f) of the Public Service Arbitration Act, 1966-1978.

17.—Resident Officers. (a) A member of the field staff shall be required to

be resident in the accommodation provided at the district headquarters unless otherwise approved by the Conservator.

(b) An officer who is not resident in Departmental accommodation ■ and who is required by the Conservator to have his residence connected to the telephone shall have all rental charges and costs incurred on behalf of the Department, met by the Conservator.

18.—Weekly and Daily Hours of Employment. Officers shall work seventy five (75) hours per

fortnight. This period shall be worked over a period of no more than five days in any week, Monday to Friday between the hours of 8.00 a.m. and 5.00 p.m., provided that no officer shall be required to work more than eight (8) hours on any one day.

[23rd April, 1980.

19.—Leave of Absence. The provisions of the Public Service Act, 1978, the

Regulations and Administrative Instructions thereunder relating to Long Service Leave, Annual Leave, Sick Leave and Short Leave are to apply to officers covered by this Agreement.

20.—Miscellaneous Allowances. (a) Subject to the provisions of this Agreement, the

Agreements and Awards listed in subclause (b) hereunder and any amendments thereto and any Agreement and Awards which supersede those listed in subclause (b) shall be deemed to have been made between the parties to this Agreement and shall apply mutatis mutandis

(b) (i) Public Service Miscellaneous Allowances Award 1976, No. 17 of 1976;

(ii) Public Service Overtime Award 1978, No. 10 of 1978. Provided that the terms of the Agreement shall not apply in the case of work performed in relation to Clause 16 of this Agreement.

(iii) Public Service Motor Vehicles Allowances Award 1976, No. 13 of 1976;

(iv) Public Service Allowances (Higher Duties) Agreement 1975, No. 2 of 1975;

(v) Public Service Allowances (Camping) Agreement 1976, No. 6 of 1976;

(vi) Public Service Shift Work Agreement 1978, No. 24 of 1978;

(vii) Public Service Property Allowance Award 1975, No. 16 of 1975;

(viii) Public Service Diving and Flying Allowance Agreement 1977, No. 13 of 1977.

21.—Status. An officer covered by this Agreement shall not lose

status except for incompetence, inefficiency or misdemeanour.

22.—Maintenance of Salaries. Nothing in this Agreement shall lower the rate of

salary any officer was in receipt of at the coming into force of this Agreement.

23.—Copies of Agreement. Every officer shall be entitled to have access to a

copy of this Agreement. Sufficient copies shall be available in each outstation for this purpose.

24.—Term of Agreement. This Agreement shall operate as from and

including the 19th day of May, 1979 and shall remain in force for a period of three (3) years, provided that at any time after the expiration of the first 12 months from the operative date of this Agreement or after the expiration of any period of 12 months from the date of any variation thereof, either of the parties may negotiate with the other party to amend or add to this Agreement or approach the Public Service Arbitrator for an amendment to this Agreement.

The Common Seal of Conservator of Forests Western Australia hereunto affixed in presence of— [L.S.] B. J. BEGGS.

F. J. CAMPBELL.

Schedule A. SALARIES

per from annum 6/7/79

F.l 15 years of age 3 662 16 years of age 4 068 17 years of age 4 962 18 years of age 5 803 19 years of age 6 716 20 years of age 7 543

F.2 First 3 months 8 824 Subsequent 9 months 9 104 Second year 9 359 Third year 9 662 Fourth year 9 944

F.3 First year 10 602 Second year 10938 Third year 11287

F.4 First year 11649 Second year 12 007

F.5 First year 12 382 Second year 12 767

F.6 First year 13142 Second year 13 529


F.8 First year 14 776 Second year 15 175 Third year 15 595



F.ll First year 17 777 Second year 18 255


Schedule B. CLERICAL ASSISTANTS AND TELEPHONISTS—SALARIES.

In witness whereof the parties thereto have hereunto set their hands and seals the day and year first before written. The Common Seal of The Civil

Service Association of Western Australia Incorporated was hereunto affixed in the presence of—

O. S. MIDDLETON, Trustee.

[L.S.] D. J. KINNIMONTH, Trustee.

ANTHONY BLACK, General Secretary

15 years of age 16 years of age 17 years of age 18 years of age 19 years of age - 20 years of age 21 years of age or first year of adult

service 22 years of age or second year of adult

service 23 years of age or third year of adult

service 24 years of age or fourth year of adult

service


Schedule C. CLERICAL OFFICERS—SALARIES.


$ $ Under 17 years of age 4 374 4 514 17 years of age 5 111 5 275 18 years of age 5 962 6 153 19 years of age 6 865 7 085 20 years of age 7 669 7 914 21 years of age or first year of adult

service 8 380 8 648 22 years of age or second year of adult

service 8 670 8 947 23 years of age or third year of adult

service 8 960 9 247 24 years of age or fourth year of adult

service 9 247 9 543 25 years of age or fifth year of adult

service 9 535 9 840 26 years of age or sixth year of adult

service 9 817 10 131 27 years of age or seventh year of

adult service 10 143 10 468

Schedule D. LABORATORY ASSISTANTS—SALARIES.


$ $ Under 17 years of age 4 210 4 345 17 years of age 4 962 5 121 18 years of age 5 803 5 989 19 years of age 6 716 6 931 20 years of age 7 543 7 784 21 years of age or first year of adult

service 8 235 8 499 22 years of age or second year of adult

service 8 523 8 796 23 years of age or third year of adult

service 8 824 9 106 24 years of age or fourth year of adult

service 9 104 9 395 25 years of age or fifth year of adult

service 9 359 9 658 26 years of age or sixth year of adult

service 9 662 9 971 27 years of age or seventh year of

adult service 9 944 10 262

(b) An officer who is over the age of 21 years on appointment may be appointed at a mininum rate of pay based on years of service and not on age.

(c) An automatic range officer shall be paid an allowance of—

(i) $145 per annum provided that in the case of a typist or clerk typist the officer passes an efficiency examination approved by the Conservator in typing at 50 words per minute.

(ii) $200 per annum provided that in the case of a typist or clerk typist the officer passes an efficiency examination approved by the Conservator in typing at 60 words per minute.

(iii) $200 per annum provided that in the case of a typist or clerk typist the officer passes an efficiency examination approved by the Conservator in shorthand writing at the speed of 100 words per minute.

(iv) $400 per annum provided that in the case of a typist or clerk typist the officer passes an efficiency examination approved by the Conservator in shorthand writing at a speed of 100 words per minute and typing at 60 words per minute.

(v) $400 per annum provided that in the case of a machinist the officer passes an examination approved by the Conservator in typewriting at a-speed of 35 words per minute and in the operating of an accounting and listing machine.

(vi) $400 per annum provided that in the case of Data Processing Operators, the officer passes an examination approved by the Conservator.

(vii) $200 or $278 per annum as determined by the Conservator, in the case of other categories which do not fit into the above classifications and subject to the officer passing an examination approved by the Conservator.

(viii) The allowances prescribed by this subclause shall not be cumulative so as to permit an officer to receive more than one allowance at the same time.

Schedule E. TYPISTS, CLERK TYPISTS—SALARIES AND

ALLOWANCES. (a) The rates of pay for officers who occupy

positions in the automatic range shall be as follows:— per from

annum 6/7/79 Age or Year of Adult Service $ $ Under 17 years 4 181 4 315 17 years of age 4 784 4 937 18 years of age 5 582^5 761 19 years of age 6 467 6 674 20 years of age 7 269 7 502 21 years of age or first year of

adult service 7 981 8 236 22 years of age or second year of

adult service 8 270 8 535 23 years of age or third year of

adult service 8 560 8 834 24 years of age or fourth year of

adult service 8 847 9130

592 |23rd April, 1980.

COLLIERIES STAFFS. Award No. 62 of 1955.

MINING ACT, 1904-1973. Part XIII Division 1.

Before The Western Australian Coal Industry Tribunal, held at Collie.

Application 2 of 1980. Between Australian Collieries Staff Association,

Western Australian Branch, Industrial Union of Workers, Applicants, and the Griffin Coal Mining Company Limited and Western Collieries Ltd., Respondents,

Award 62 of 1955. Application for a flow on of the Commonwealth Arbitration Commission decision of the 4th January, 1980, of 4.5% increase to apply to all classifications.

Decision and Order. THIS application is granted and will operate on and from the 7th January, 1980, and shall apply to the balance of the 1979 annual leave remaining due as at the 7th January, 1980.

Award, Order and Prescribe that the Colliery Staffs Award, 1955 as amended and consolidated be further amended in Clause 5 by deleting:—

(a) the existing rates in subclause (b)(i) and (b)(ii) and inserting in lieu thereof the rates as per the attached Schedule "A".

(b) the amounts of $1.19 and $2.38 from subclause (29) and inserting in lieu thereof the amounts of $1.24 and $2.49 respectively.

Dated at Collie this 11th day of March, 1980.

G. G. HALLIWELL, Chairman Western Australian

Coal Industry Tribunal.

(b)(i) Column

1 Number

Schedule "A". Column 2

Classifications. DIVISION A.

Column 3

Total Rate

13. Accountant $ 14. Chief surveyor 15. Chief mechanical or electrical engineer. 16. Geologist 17. Maintenance Superintendent 18. Maintenance Inspector 349.36 19. (i) Data Processing Supervisor

(ii) Senior Programmer 333.01 (iii) Programmer 326.11 (iv) Operator during 1st year 288.58 (v) Operator during 2nd Year 296.56

(vi) Operator during 3rd Year 304.54 (vii) Operator thereafter 312.84

DIVISION B. 20. Screen and surface Overseer..... 258.42

20A. Screen and surface Overseer (W. Banks as now app) 263.98

21. Senior Clerk (Clerk in charge) 263.98 22. Adult Male Clerk and Surveyor

Assistant— 1st year of service as adult 245.78 2nd year of service as adult 252.82 3rd year of service as adult 258.42

23. Storeman (duties to include clerical work)—

1st year of service as adult 245.78 2nd year of service as adult 252.82 3rd year of service as adult 258.42

DIVISION C. 24. Adult Female (payroll Ledger Machine

operator performing clerical work)— 1st year of service as adult 248.74 2nd year of service as adult 252.82 3rd year of service as adult 258.42

25. Adult Female Clerk 245.78

DIVISION D. 26. Junior Clerk—

of 1st year adult rate 245.78 under 17 years of age 127.81 from 17 to 18 years of age 149.93 from 18 to 19 years of age 174.50 from 19 to 20 years of age 201.54 from 20 to 21 years of age 226.12

(b) (ii) Western No. 2 Mine

1. Undermanager— $

(a) at mines producing less than 300 tons per day 341.63

(b) all others 354.59 1A. Undermanager in charge 416.17

2. Open Cut Overseer 341.63 3. Engineer/Electrician 349.47

3A. Engineer/Electrician in charge 408.67 4. Engineer 349.47

4A. Engineer in charge 408.67 5. Electrician 349.47

5A. Electrician in charge 408.67 6. General surface foreman as now

employed 325.18 7. Mine Surveyor 339.10 8. Chief Clerk 335.69 9. Stores control and purchasing officer.... 335.69

10. Clerk in charge of payroll (R. Tanian) as now appointed 333.51

11. Plant instructor (P. J. Ryan) 341.63 12. Draughtsman (G. Rogers) 334.23

DIVISION A. 1. Undermanager—

(a) at mines producing less than 300 tons per day

(b) all others 1A. Undermanager in charge

2. Engineer/Electrician 2A. Engineer/Electrician in charge

3. Engineer 3A. Engineer in charge

4. Electrician 4A. Electrician in charge

5. General surface foreman 6. Mine Surveyor 7. Chief Clerk 8. Stores control and purchasing officer....

DIVISION B. 9. Screen and surface overseer 264.14

10. Senior Clerk (Clerk in charge) 269.87


11. Adult Male Clerk and Surveyor $ Assistant—





of 1st year adult rate 251.29

Under 17 years of age 52 17 to 18 years of age 61 18 to 19 years of age 71 19 to 20 years of age 82 20 to 21 years of age 92

251.29

130.67 153.29 178.42 206.06 231.19

Award, Order and Prescribe that the Colliery Staffs Award 1955 as amended and consolidated be further amended in:—

(a) Clause 5.—Wages by deleting:— (i) the existing rates in subclauses (b)(i)

and (b)(ii) and inserting in lieu thereof the rates as per the attached Schedule "A".

(ii) the amounts of $3.15 and $4.25 from subclause (28) and inserting in lieu thereof the amounts of $4.25 and $5.74 respectively.

(iii) the amount of 64 cents from subclause (30) and inserting in lieu thereof the amount of 86 cents.

(b) Clause 9.—Overtime by deleting the amount of $2.00 from subclause (vi) and inserting in lieu thereof the amount of $2.70.


G. G. HALLIWELL, Chairman Western Australian


COLLIERIES STAFFS. Award No. 62 of 1955.


Before the Western Australian Coal Industry Tribunal, held at Collie.

Application 4 of 1980. Between Australian Collieries Staff Association,

Western Australian Branch, Industrial Union of Workers, Applicants, and The Griffin Coal Mining Company Limited and Western Collieries Ltd. Respondents.

Award 62 of 1955. (a) Application for $10.00 per week increase for all classifications from the 30th December, 1979.

(b) Application to increase special rates by 35 per cent from the 30th December, 1979.

Decision and Order. IN respect to Application 4/80 and the question of a $10 per week increase to all classifications, it is true that the increases granted are stated in the decision of the Federal Coal Industry Tribunal to be upon work value grounds. However, that decision applies to virtually all classifications under a number of awards of that tribunal, and further the amount fixed has been averaged to apply throughout the industry in the eastern states.

In these circumstances, I am not prepared to depart from the approximate thirty year history of this tribunal in this state, generally flowing increases of this nature to the awards now before the tribunal. Junior rates shall be increased by the appropriate percentage and the operative date of the increases will be on and from the 30th December, 1979 and the increases shall apply to the balance of the annual leave remaining due as at the 30th December, 1979.

In respect of the claim for a 35% increase in the special rates, that claim is granted. The special rates outlined on behalf of the applicant union in the transcript will be the rates to be adjusted. There will be no adjustment to the special rate of the open cut shift allowance because that allowance receives indexation movements as and when they occur. The operative date of the increase will also be on and from the 30th December, 1979.

(b) (i) Column

1 Number

Schedule A. Column 2

Classifications DIVISION A

1. Undermanager— (a) at mines producing less than 300

tons per day (b) all others

1A. Undermanager in charge 2. Open Cut Overseer 3. Engineer/Electrician

3A. Engineer/Electrician in charge 4. Engineer

4A. Engineer in charge 5. Electrician

5A. Electrician in charge 6. General surface foreman as now

employed : 7. Mine surveyor 8. Chief Clerk 9. Stores control and purchasing officer....

10. Clerk in charge of payroll (R. Tanian) as now appointed :

11. Plant instructor (P. J. Ryan) 12. Draughtsman (G. Rogers) 13. Accountant 14. Chief surveyor 15. Chief mechanical or electrical engineer. 16. Geologist 17. Maintenance Superintendent

18. Maintenance Inspector 19. (i) Data Processing Supervisor

(ii) Senior Programmer (iii) Programmer (iv) Operator during 1st year.. (v) Operator during 2nd year.

(vi) Operator during 3rd year.. (vii) Operator thereafter

326.92 339.32 398.25 326.92 334.42 391.07 334.42 391.07 334.42 391.07

311.18 324.50 321.23 321.23

319.15 326.92 319.84

No Rate

334.32 No

Rate 318.67 312.07 276.15 283.79 291.43 299.37

DIVISION B. 20. Screen and surface Overseer 247.29

20A. Screen and surface Overseer (W. Banks as now app) 252.61

21. Senior Clerk (Clerk in charge) 252.61

22. Adult Male Clerk and Surveyor $ Assistant—




DIVISION C. 24. Adult Female (payroll Ledger Machine

operator performing clerical work)— 1st year of service as adult 238.03 2nd year of service as adult 241.93 3rd year of service as adult 247.29 Adult Female Clerk 235.20


of 1st year adult rate 235.20 Under 17 years of age 122.30 from 17 to 18 years of age 143.47 from 18 to 19 years of age 166.99 from 19 to 20 years of age 192.86 from 20 to 21 years of age 216.38

(b) (ii) Western No. 2 Mine DIVISION A.

1. Undermanager— (a) at mines producing less than 300

tons per day 334.03 (b) all others 346.79

1A. Undermanager in charge 406.41 2. Engineer/Electrician 341.54

2A. Engineer/Electrician in charge 398.84 3. Engineer ! 341.54

3A. Engineer in charge 398.84 4. Electrician 341.54

4A. Electrician in charge 398.84 5. General surface foreman 317.91 6. Mine Surveyor 331.20 7. Chief Clerk 328.24 8. Stores control and purchasing officer.... 328.24

DIVISION B.. 9. Screen and surface overseer 252.77

10. Senior Clerk (Clerk in charge) 258.25 11. Adult Male Clerk and Surveyor

Assistant— 1st year of service as adult 240.47 2nd year of service as adult 247.29 3rd year of service as adult 252.77



DIVISION D. 13. Junior Clerk— %

of 1st year adult rate 240.47 Under 17 years of age 52 125.04 17 to 18 years of age 61 146.69 19 to 19 years of age 71 170.73 19 to 20 years of age 82 197.19 20 to 21 years of age 92 221.23

Award No. 19 of 1954. MINING ACT, 1904-1973.

Part XIII Division 1. Before the Western Australian Coal Industry Tribunal, held at Collie.

Application 2 of 1980. Between the Collie District Deputies Union of

Workers, Applicants, and The Griffin Coal Mining Company Limited and Western Collieries Ltd, Respondents.

Award 19 of 1954. Application for a flow on of the Commonwealth Arbitration Commission decision of the 4th January, 1980 of 4.5 per cent increase to apply to all classifications.

Decision and Order. THIS application is granted and will operate on and from the 7th January, 1980, and shall apply to the balance of the 1979 annual leave remaining due as at the 7 th January, 1980.

Award, Order and Prescribe that the Collie Deputies Award 1954 as amended and consolidated be further amended in Clause 9 by deleting:—

(a) the amounts of $284.49 and $278.70 from subclause (b)(i) and (ii) and inserting in lieu thereof the amounts qf $297.29 and $291.24 respectively.

(b) the amounts of $1.19 and $2.38 from subclause (i) and inserting in lieu thereof the amounts of $1.24 and $2.49 respectively.


G. G. HALLIWELL, Chairman, Western Australian


DEPUTIES. Award No. 19 of 1954.



Application 5 of 1980. Between The Collie District Deputies Union of

. Workers, Applicants, and The Griffin Coal Mining Company Limited and Western Collieries Ltd., Respondents.

Award 19 of 1954. (a) Application for $10.00 per week increase for the classification from the 30th December, 1979.


Decision and Order. IN respect to Application 5/80 and the question of a $10 per week increase to both classifications, it is true that the increases granted are stated in the decision of the Federal Coal Industry Tribunal to be upon work value grounds. However, that decision applies to virtually all classifications under a number of awards of that tribunal, and further the amount fixed has been averaged to apply throughout the industry in the eastern states.

In these circumstances, I am not prepared to depart from the approximate 30 year history of this tribunal in this state, generally flowing increases of this nature to the awards now before the tribunal.


The operative date of the increases will be on and from the 30th December, 1979 and the increases shall apply to the balance of the annual leave remaining due as at the 30th December, 1979.

In respect of the claim for a 35 per cent increase in the special rates, that claim is granted. The special rates outlined on behalf of the applicant union in the transcript will be the rates to be adjusted. There will be no adjustment to the special rate of the open cut shift allowance because that, allowance receives indexation movements as and when they occur. The operative date of the increase will also be on and from the 30th December, 1979.

Award, Order and Prescribe that the Collie Deputies Award 1954 as amended and consolidated be further amended in:—

(a) Clause 9.—Rates of Pay by deleting:— (i) the amounts of $274.49 and $268.70

from subclause (b)(i) and (ii) and inserting in lieu thereof the amounts of $284.49 and $278.70 respectively.

(ii) the amount of 60 cents from subclause (d) and inserting in lieu thereof the amount of 80 cents.

(iii) the amount of 64 cents from subclause (e) and inserting in lieu thereof the amount of 86 cents.

(iv) the amount of 40 cents from subclause (f) and inserting in lieu thereof the amount of 54 cents.

(v) the amount of $3.15 from subclause (j) and inserting in lieu thereof the amount of $4.25.

(b) Clause 13.—Overtime by deleting the amount of $2.00 from subclause (b) and inserting in lieu thereof the amount of $2.70.




ENGINEERING. Award No. 1 of 1953.


Before The Western Australian Coal Industry Tribunal, held at Collie.

Application 1 of 1980

Between Amalgamated Metal Workers and Shipwrights Union of Western Australia and the Australasian Society of Engineers Industrial Union of Workers Western Australian Branch, Applicants, and the Griffin Coal Mining Company Limited and Western Collieries Ltd., Respondents.

Award 1 of 1953. Application to amend:— 1. Clause 6 Wages as follows:—

(a) Add $10.00 per week increase to classifications: 1, 2, 3, 4, 5, 7 and 8.

(b) Increase Item 6 "Experienced Tradesmen" to $10.60 per week.

2. Clause 23 Apprentices as follows:— Subclause (d)—Increase all rates

prescribed by the appropriate percentage of $10.00 per week.

3. Application to increase Special Rates (Cl.7) by 35% from December 30th, 1979.


In these circumstances, I am not prepared to depart from the approximate thirty year history of this tribunal in this state, generally flowing increases of this nature to awards now before the tribunal. Junior rates shall be increased by the appropriate percentage and the operative date of the increases will be on and from the 30th December, 1979 and the increases shall apply to the balance of the annual leave remaining due as at the 30th December, 1979.

The claim in this application for an increase in the experienced tradesman's allowance to $10.60 per week arises from a decision of the Federal Coal Industry Tribunal granting a similar amount in the states of New South Wales, Queensland and Tasmania. That tribunal was persuaded as a result of evidence, inspections and submisssions in respect of the coal industries in the states I have mentioned to reassess the experienced tradesman underground rate and having completed that assessment concluded that there were changes in the nature of the work and conditions under which it was performed by the experienced tradesman which warranted an increase in that rate.

The increase that the Federal Tribunal arrived at was precisely the difference between the then existing experienced tradesman open cut allowance and the experienced tradesman deep mine rate then applying.

In 1975 here at Collie at the urging of both the employer and the union parties, the tribunal fixed one rate to apply in both open cut and deep mines for experienced tradesmen. The submission was made in the hearing today, and not denied, that in the larger open cut in Collie there have been quite significant increases in new equipment and the tradesmen find it necessary to undergo retraining or adaptation of their skills to work upon the equipment.

However, in 1975 this tribunal aggregated the experienced tradesman's allowance between open cut and deep mine experienced tradesmen. The Federal Tribunal has now apparently adopted the same concept as was originally adopted in Collie in 1975; thus both here in Collie and now in the federal coal arena the aggregation principle of the experienced tradesman's allowance is common. That principle is of course that the rate is the same below ground and above ground.

Having regard to the changes of equipment referred to earlier in the major open cut—and although those changes affect only the tradesmen who work in that area—but adhering to the aggregation principle adopted federally recently and in 1975 in Collie, I am going to increase the experienced tradesman's allowance both open cut and deep mine to $10.60 per week, with effect on and from the 30th December, 1979.

In respect to the claim for a 35 per cent increase in the special rates, that claim is granted. The special rates outlined on behalf of the applicant union in the transcript include the rates to be adjusted. There will be no adjustment to the special rate of the open cut shift allowance because that allowance receives indexation movements as and when they occur. The operative date of the increase will be on and from the 30th December, 1979.

E. [23rd April, 1980.

Finally, the disability allowance in the Engineers Award will not be moved by 35 per cent but by 12 per cent, that second figure being the amount of the movements in the indexation decisions since 1977. Again the operative date will be on and from the 30th December, 1979.

Award, Order and Prescribe that the Engineers Coal Mining Award 1953, as amended and consolidated be further amended in:—

(a) Clauses 6 (a) Wages and 23 (d)(i) Apprentices by deleting the existing rates therein and inserting in lieu thereof the rates as per the attached Schedule "A".

(b) Clause 7.—Special Rates and Provisions by deleting:—

(i) the amounts of 64 cents and 60 cents from subclause (a)(i) and (iii) and inserting in lieu thereof the amounts of 86 cents and 80 cents respectively.

(ii) the amounts of $2.50 and 50 cents from subclause (b) and inserting in lieu thereof the amounts of $2.80 and 56 cents respectively.

(iii) the amount of 20 cents from subclause (e) and inserting in lieu thereof the amount of 27 cents.

(iv) the amounts of $4.25 and $3.15 from subclause (f)(i) and (ii) and inserting in lieu thereof the amounts of $5.74 and $4.25 respectively.

(c) Clause 11.—Overtime by deleting the amount of $2.00 from subclause (h) and inserting in lieu thereof the amount of $2.70.




Schedule A. 6.—Wages.

(a) (i) The minimum total rate per week for adult workers and tradesmen shall be:—

Column 1

Number

Column 2.

Classification

Column 3

Total Rate per

week

1. Blacksmith, welder 250.06 2. Fitter, Turner, Machinist, Motor

Mechanic, Automotive Electrician 250.06 3. Electrical Fitter 250.06 4. Millwright 250.06 5. Trades Assistant 230.30 6. Experienced tradesman—The award

wage for the particular trade plus $10.60.

7. Tyre Fitter 242.29 8. Linesman on commencement 242.29

Linesman after three years service in the industry 245.64.

'b) (i) The above rates are based on the basic wage of $48.50 per week as fixed by the Western Australian Industrial Com- mission which took effect from midnight on 30th May, 1974.

(ii) In addition to the rates of wages prescribed in this Clause workers shall be entitled to an additional flat amount of $28.50 per week production bonus for the five ordinary working days Monday to Friday inclusive and for all paid leave.

(iii) Liberty is reserved to the employers to apply to the tribunal for a reduction or deletion of the production bonus if the present levels of production are not maintained.

(c) A leading hand, when in charge of other employees, shall be paid the following rate in excess of the rate for employees under his controL Additional

Rate

(i) Not less than three and not more than 10 employees (including apprentices) 7.50

(ii) More than 10 and not more than 20 employees (including apprentices) 11.60

(iii) More than 20 employees (including apprentices) 15.10

(d) Where an obligation to pay a final amount contains a decimal figure of 0.5 of a cent or more, the amount to be paid shall be the next whole cent: example—5.5 cents becomes 6.0 cents. Where the amount to be paid contains a decimal figure of less than 0.5. of a cent, such decimal figure shall be disregarded: example—5.4 cents becomes 5.0 cents.

23.—Apprentices.

(a) The number of apprentices allowed to the employer shall be in the proportion of one (1) apprentice to. three (3) or part of three (3) tradesmen employed by him on the particular branch of work. Apprenticeship shall not commence before the apprentice is fifteen (15) years of age.

(b) Except as hereinafter provided every agreement of apprenticeship shall be for a period of five years unless, with the approval of the Commission, that period is reduced or deemed to have been commenced prior to the date of the agreement provided that:—

(i) where the apprentice has completed the tenth year of schooling and has obtained the High School Certificate or Junior Certificate of the Public Examination Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, the period of apprenticeship shall be four years; and

(ii) where the apprentice has completed the eleventh year of schooling and has obtained the High School Certificate or Junior Certificate of the Public Examination Board in such subjects as the appropriate apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period to three and a half years; and

(iii) where the apprentice has completed the twelfth year of schooling and has obtained the High School Certificate or Leaving Certificate of the Public Examinations Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period of three years.

23rd April, 1980.1

(c) Where classes are provided by the Technical Education Division of the Education Department in the locality in which the apprentice is employed, the hours of attendance at such classes shall be:—

(i) Where the period of apprenticeship is for five years—eight hours per week for the first school year and eight hours per fortnight for each of the three subsequent school years.

(ii) Where the period of apprenticeship is for less than five years—eight hours per fortnight for the next school year.

(d) The rates of wages for apprentices shall be the under mentioned percentage rates of a tradesman prescribed in this award; i.e. $240.06.

(i) Five Year Term— % $ First year 40 100.02 Second year 48 120.03 Third year 55 137.53 Fourth year 75 187.55 Fifth year 88 220.05

Four Year Term— First year 42 105.03 Second year 55 137.53 Third year 75 187.55 Fourth year 88 220.05

Three Year Term— First year 55 137.53 Second year 75 187.55 Third year 88 220.05

(ii) In addition to the rates of Wages prescribed in this clause workers shall be entitled to an additional flat amount of $28.50 per week production bonus for the five ordinary working days Monday to Friday inclusive and for all paid leave.

(iii) Liberty is reserved to the employers to apply to the Tribunal for a reduction or deletion of the production bonus if the present levels of production are not maintained.

(iv) Apprentices employed on afternoon or night shift shall be covered by the shift work conditions set out in clause 14.

(e) Apprentices shall be allowed to the following trades—

(i) Fitter and Turner, (ii) Machinist, (iii) Blacksmith, (iv) Electrical Fitter, (v) Millwright, (vi) Welder, (vii) Motor Mechanic, (viii) Auto Electrician.

(f) The training of apprentices to be blacksmithing, fitting and turning, shall include in the fourth and fifth years, instruction in electric welding and/or oxyacetylene welding as far as practicable with the facilities available in the shop in which they are trained.

(g) The provisions of the Apprenticeship Regulations made under the Industrial Arbitration Act, 1912-1968 on 30th January, 1964 and as amended from time to time shall be applicable mutatis mutandis to apprentices covered by this award.

The word "Registrar" contained in the aforesaid Regulations shall refer to the Registrar of the Western Australian Industrial Commission.

597

ENGINEERING. Award No. 1 of 1953.



Application 2 of 1980. Between the Amalgamated Metal Workers and

Shipwrights Union of Western Australia and the Australasian Society of Engineers Industrial Union of Workers Western Australian Branch, Applicants and The Griffin Coal Mining Company Limited and Western Collieries Ltd., Respondents.

Award 1 of 1953. Application for a flow on of the Commonwealth Arbitration Commission decision of the 4th January, 1980, of 4.5 per cent increase to apply to all classifications.


Award, Order and Prescribe that the Engineers Coal Mining Award 1953 as amended and consolidated be further amended by:—

(a) deleting the existing rates in Clauses 6(a) and (c) and 23(d)(i) and inserting in lieu thereof the rates as per the attached Schedule "A".

(b) deleting the amounts of $1.19 and $2.38 from Clause 14 subclause (e) and inserting in lieu thereof the amounts of $1.24 and $2.49 respectively.




Schedule A. 6.—Wages.

(a) (i) The minimum total rate per week for adult workers and tradesmen shall be:—

Column 1 Column 2 Column 3 Total Rate Per

Number Classification Week $

1. Blacksmith, welder 261.31 2. Fitter, Turner, Machinist, Motor

Mechanic, Automotive Electrician 261.31 3. Electrical Fitter 261.31 4. Millwright 261.31 5. Trades Assistant 240.66 6. Experienced tradesman—The award

wage for the particular trade plus $11.10.

7. Tyre Fitter 253.19 8. Linesman on commencement 253.19

Linesman after three years service in the industry 256.69

(b) (i) The above rates are based on the basic wage of $48.50 per week as fixed by the Western Australian Industrial Com- mission which took effect from midnight on 30th May, 1974.


WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. L23rd April, 1980.

(ii) In addition to the rates of wages prescribed in this Clause workers shall be entitled to an additional flat amount of $28.50 per week production bonus for the five ordinary working days Monday to Friday inclusive and for all paid leave.

(iii) Liberty is reserved to the employers to apply to the tribunal for a reduction or deletion of the production bonus if the present levels of production are not maintained.

(c) A leading hand, when in charge of other employees, shall be paid the following rate in excess of the rate for employees under his control.

Additional Rate

(i) Not less than three and not more than 10 employees (including apprentices) 7.80

(ii) More than 10 and not more than 20 employees (including apprentices).... 12.10

(iii) More than 20 employees (including apprentices) 15.80

(d) Where an obligation to pay a final amount contains a decimal figure of 0.5 of a cent or more, the amount to be paid shall be the next whole cent: example—5.5 cents becomes 6.0 cents. Where the amount to be paid contains a decimal figure of less than 0.5 of a cent, such decimal figure shall be disregarded: example—5.4 cents becomes 5.0 cents.

23.—Apprentices. (a) The number of apprentices allowed to the

employer shall be in the proportion of one (1) apprentice to three (3) or part of three (3) tradesmen employed by him on the particular branch of work. Apprenticeship shall not commence before the apprentice is fifteen (15) years of age.

(b) Except as hereinafter provided every agreement of apprenticeship shall be for a period of five years unless, with the approval of the Commission, that period is reduced or deemed to have been commenced prior to the date of the agreement provided that:—

(i) where the apprentice has completed the tenth year of schooling and has obtained the High School Certificate or Junior Certificate of the Public Examination Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, the period of apprenticeship shall be four years; and

(ii) where the apprentice has completed the eleventh year of schooling and has obtained the High School Certificate or Junior Certificate of the Public Examination Board in such subjects as the appropriate apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period to three and a half years; and

(iii) where the apprentice has completed the twelfth year of schooling and has obtained the High School Certificate or Leaving Certificate of the Public Examinations Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period of three years.

(c) Where classes are provided by the Technical Education Division of the Education Department in the locality in which the apprentice is employed, the hours of attendance at such classes shall be—

(i) Where the period of apprenticeship is for five years—eight hours per week for the first school year and eight hours per fortnight for each of the three subsequent school years,

(ii) Where the period of apprenticeship is for less than five years—eight hours per fortnight for the next school year.

(d) The rates of wages for apprentices shall be the. under mentioned percentage rates of a tradesman prescribed in this award; i.e. $240.06.

(i) Five Year Term— % $ First year 40 104.52 Second year 48 125.43 Third year 55 143.72 Fourth year 75 195.98 Fifth year 88 229.95

Four Year Term- First year 42 109.75 Second year 55 143.72 Third year 75 195.98 Fourth year 88 229.95

Three Year Term— First year 55 143.72 Second year 75 195.98 Third year 88 229.95

(ii) In addition to the rates of Wages prescribed in this clause workers shall be entitled to an additional flat amount of $28.50 per week production bonus for the five ordinary working days Monday to Friday inclusive and for all paid leave.

(ii) Liberty is reserved to the employers to apply to the Tribunal for a reduction or deletion of the production bonus if the present levels of production are not maintained.

(iv) Apprentices employed on afternoon or night shift shall be covered by the shift conditions set out in clause 14.

(e) Apprentices shall be allowed to the following trades—

(i) Fitter and Turner, (ii) Machinist, (iii) Blacksmith, (iv) Electrical Fitter, (v) Millwright, (vi) Welder, (vii) Motor Mechanic, (viii) Auto Electrician.

(f) The training of apprentices to blacksmithing, fitting and turning, shall include in the fourth and fifth years, instruction in electric welding and/or oxyacetylene welding as far as practicable with the facilities available in the shop in which they are trained.

(g) The provisions of the Apprenticeship Regulations made under the Industrial Arbitration Act, 1912-1968 on 30th January, 1964 and as amended from time to time shall be applicable mutatis mutandis to' apprentices covered by this award.

The word "Registrar" contained in the aforesaid Regulations shall refer to the Registrar of the Western Australian Industrial Commission.


MINING. Award No. 4 of 1953.



Application 2 of 1980. Between The Coal Miner's Industrial Union of

Workers of Western Australia, Collie Applicants, and The Griffin Coal Mining Company Limited and Western Collieries Ltd, Respondents.

Award 4 of 1953. Application for a flow on of the Commonwealth Arbitration Commission decision of the 4th January, 1980 of 4.5 per cent increase to apply to all classifications.


Award, Order and Prescribe that the Coal Mining Industry (Miner's Western Australia) Award 1953 as amended and consolidated be further amended in Clause 6 be deleting:—

(a) the existing rates in subclause (c)(i) and inserting in lieu thereof the rates as per the attached Schedule "A".

(b) the amounts of $1.19 and $2.38 from subclause (d)(iii) and inserting in lieu thereof the amounts of $1.24 and $2.49 respectively.




Column 1

Number

Schedule A.

Column 2

Classification

Column 3

Total Rate

1. Mine timber cutter 255.77 2. Prospect surface driller 251.66 3. Labourers on surface 213.41 4. Motor truck driver including open

cuts:— (i) of motors with a carrying capacity

up to but not exceeding 3 tons 218.75 (ii) of motors with a carrying capacity

of over 3 tons but not exceeding 5 tons 222.98

(iii) of motors with a carrying capacity of over 5 tons but not exceeding 8 tons 224.16

(iv) of motors with a carrying capacity ° of over 8 tons but not exceeding 10

tons 233.04 (v) of motors with a carrying capacity

of over 10 tons but not exceeding 12 tons 238.34

(vi) of motors with a carrying capacity of over 12 tons but not exceeding 13 tons 240.43

(vii) of motors with a carrying capacity of over 13 tons but not exceeding 14 tons 242.21

Column 1 Column 2

Number Classification week $

(viji) of motors with a carrying capacity of over 14 tons but not exceeding 15 tons 244.69

(ix) of motors with a carrying capacity of over 15 tons but not exceeding 18 tons 246.10

(x) of motors with a carrying capacity of over 18 tons but not exceeding 20 tons 247.06

(xi) of motors with a carrying capacity of over 20 tons but not exceeding 22 tons 248.01

(xii) of motors with a carrying capacity of over 22 tons but not exceeding 25 tons 249.45

(xiii) of motors with a carrying capacity of over 25 tons but not exceeding 30 tons 251.86

(xiv) of motors with a carrying capacity of over 30 tons but not exceeding 35 tons 254.22

(xv) of motors with a carrying capacity of over 35 tons but not exceeding 40 tons 256.61

(xvi) of motors with a carrying capacity of over 40 tons but not exceeding 45 tons 258.94

(xvii) of motors with a carrying capacity of over 45 tons but not exceeding 50 tons 261.31

(xviii) of motors with a carrying capacity of over 50 tons but not exceeding 100 tons 271.99

(xix) of motors with a carrying capacity of over 100 tons but not exceeding 110 tons 274.91

(xx) Provided that special rates shall be fixed to apply to vheicles over 110 tons

(xxi) Stores truck driver ■ 240.66

5. Open Cut Workers: (i) Bulldozer and grader driver 246.32

(ii) Tournapull driver 243.00 (iii) Twin, euclid scraper driver 271.99 (iv) Worker (general duties) 240.66 (v) Earthmoving equipment

operator— Special Rates— (a) Twin, euclid scraper 271.99 (b) DW21, Model C and CAT 619

Scrapers; Pusher dozer 245.53 (c) All other equipment 240.66

Special rates shall apply only when work is carried on subject to the provisions of subclause (cc) of this clause. (cc) For the purpose of this

subclause earthmoving contractors shall have the unfettered right to allocate to their employees engaged upon earthmoving at open cuts, all duties directly associated with the working of earthmoving equipment without regard to seniority and may freely transfer any employee from one classification on

600 w [23rd April, 1980.

Column 2

Classification

Column 3

Total Rate

earthmoving equipment to another without making good any reduction in rate provided that where a worker is reduced in grade, the rate payable to him shall not be less than the intermediate

(vi) Borer shotfirer 246.32 (vii) Lubricator 256.61

6. Pumper (Deep Mine) 263.64 7. Composite Miner including gangman.... 271.99 8. Shiftman, general duties 256.61 9. Drivers of earthmoving equipment 256.61

10. Surface hand—general duties 247.06 11. (i) Winding engine drivers 267.82

(ii) Navvy drivers 274.91 (iii) Dragline driver (walking 4 to 6

yards capacity) 274.91 (iv) Diesel engine driver doing regular

greasing 240.66 (v) Crane driver (not exceeding lifting

capacity 5 tons) 240.66 12. Contract Timber Cutters' Rates

(Weekly Basis)— cents

Each 2.7 m. Split 69.47 Each 3.0 m. Split 76.89 Each 3.0 m. Slabs 138.66 Each 2.7 m. Round 110.91 Each 3.0 m. Round 147.90 Each Sleeper 42.34 Lids per hundred 739.53

13. Junior Workers. Workers under the age of 19 years shall be paid the

following rates per shift of seven hours. $

Under 16 years of age 115.74 16 to 17 years of age 133.30 17 to 18 years of age 147.60 18 to 19 years of age 166.30

Nineteen years of age and over to be paid adult rates for the work being performed.

No junior shall bring wagons from the dead end to the screens unless under direction and control of the screenman. No junior water baler shall be required to commence work before 8.00 a.m. unless under the supervision of an adult worker.

No youth under the age of 15 years shall be employed underground.

MINING.

Award No. 4 of 1953.



Application 3 of 1980.

Between The Coal Miner's Industrial Union of Workers of Western Australia Collie, Applicants, and The Griffin Coal Mining Company Limited and Western Collieries Ltd., Respondents.

Award 4 of 1953. (a) Application for $10.00 per week increase for all classifications from the 30th December, 1979.



In these circumstances, I am not prepared to depart from the approximate 30 year history of this tribunal in this state, generally flowing increases of this nature to the awards now before the tribunal. Junior rates shall be increased by the appropriate percentage and the operative date of the increases will be on and from the 30th December, 1979 and the increases shall apply to the balance of the annual leave remaining due as at the 30th December, 1979.

In respect of the claim for a 35 per cent increase in the special rates, that claim is granted. The special rates outlined by the applicant union in the transcript will be the rates to be adjusted. There will be no adjustment to the special rate of the open cut shift allowance because that allowance receives indexation movements as and when they occur. The operative date of the increase will also be on and from the 30th December, 1979.

Award, Order and Prescribe that the Coal Mining Industry (Miner's Western Australian) Award 1953 as amended and consolidated be further amended in:—

(a) Clause 6.— Rates of Wages by deleting:— (i) the existing rates in subclause (c)(i)

and insert in lieu thereof the rates as per the attached Schedule "A".

(ii) the amount of 10 cents from subclause (f)(i) and inserting in lieu thereof the amount of 14 cents.

(iii) the amount of 30 cents from subclause (f)(ii) and inserting in lieu thereof the amount of 40 cents.

(iv) the amounts of $3.15 and $4.25 from subclause (f) (iii) and inserting in lieu thereof the amounts of $4.25 and $5.74 respectively.

(v) the amount of 40 cents from subclause (g)(i) and inserting in lieu thereof the amount of 54 cents.

(vi) the amount of 25 cents from subclause (g)(ii) and inserting in lieu thereof the amount of 34 cents.

(vii) the amount of 90 cents from subclause (j) and inserting in lieu thereof the amount of $1.22.

23rd April, 1980. | WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 601

(viii) the amount of $5.00 from subclause (1) and inserting in lieu thereof the amount of $6.75.

(ix) the amount of $2.00 from subclause (m) and inserting in lieu thereof the amount of $2.70.

(b) Clause 9.—Overtime by deleting the amount of $2.00 from subclause (c) and inserting in lieu thereof the amount of $2.70

(c) Clause 16.—Payment for Wet Work by deleting the amount of 64 cents from subclause (a) and inserting in lieu thereof the amount of 86 cents.

(d) Clause 29.—Sanitary Attention by deleting the amounts of 20 cents, 40 cents and 50 cents from subclause (i), (ii) and (iii) respectively and inserting in lieu thereof the amounts of 30 cents, 60 cents and 70 cents respectively.




Schedule A.

Column 2

Classification

Column 3

Total Rate

1. Mine timber cutter 2. Prospect surface driller 3. Labourers on surface 4. Motor truck driver including open cuts

of— (i) Motors with a carrying capacity up

to but not exceeding 3 tons (ii) Motors with a carrying capacity of

over 3 tons but not exceeding 5 tons

(iii) of motors with a carrying capacity of over 5 tons but not exceeding 8 tons

(iv) of motors with a carrying capacity of over 8 tons but not exceeding 10 tons

(v) of motors with a carrying capacity of over 10 tons but not exceeding 12 tons

(vi) of motors with a carrying capacity of 12 tons but not exceeding 13 tons

(vii) of motors with a carrying capacity of 13 tons but not exceeding 14 tons

(viii) of motors with a carrying capacity of 14 tons but not exceeding 15 tons

(ix) of motors with a carrying capacity of over 15 tons but not exceeding 18 tons

(x) of motors with a carrying capacity of over 18 tons but not exceeding 20 tons

(xi) of motors with a carrying capacity of over 20 tons but not exceeding 22 tons

(xii) of motors with a carrying capacity of over 22 tons but not exceeding 25 tons

244.76 240.82 204.22

209.33

213.38

214.51

223.00

228.08

230.08

231.78

234.15

235.50

236.42

237.33

238.71

Column 1

Number

Column 2

Classification

(xiii) of motors with a carrying capacity of 25 tons but not exceeding 30 tons 241.01

(xiv) of motors with a carrying capacity of over 30 tons but not exceeding 35 tons 243.27

(xv) of motors with a carrying capacity of over 35 tons but not exceeding 40 tons 245.56

(xvi) of motors with a carrying capacity of over 40 tons but not exceeding 45 tons 247.79

(xvii) of motors with a carrying capacity of over 45 tons but not exceeding 50 tons 250.06

(xviii) of motors with a carrying capacity of over 50 tons but not exceeding 100 tons 260.28

(xix) of motors with a carrying capacity of over 100 tons but not exceeding 110 tons 263.07

(xx) Provided that special rates shall be fixed to apply to vehicles over 110 tons

(xxi) Stores truck driver 230.30

5. Open Cut Workers: (i) Bulldozer and grader driver

(ii) Tournapull driver (iii) Twin, Euclid Scraper driver (iv) Worker (general duties) (v) Earthmoving equipment oper-

ator— Special Rates— (a) Twin, euclid scraper (b) DW21, Model C and CAT 619

Scrapers; Pusher dozer (c) All other equipment

Special rates shall apply only when work is carried on subject to the provisions of subclause (cc) of this clause. (cc) For the purpose of this

subclause earthmoving contractors shall have the unfettered right to allocate to their employees engaged upon earthmoving at open cuts, all duties directly associated with the working of earth moving equipment without regard to seniority and may freely transfer any employee from one classification on earthmoving equipment to another without making good any reduction in rate provided that where a worker is reduced in grade the rate payable to him shall not be less than the intermediate rate.

(vi) Borer shotfirer (vii) Lubricator

235.71 232.54 260.28 230.30

260.28

234.96 230.30

235.71 245.56

.6. Pumper (Deep Mine) 252.29 7. Composite Miner including gangman.... 260.28 8. Shiftman, general duties 245.56 9. Drivers of earthmoving equipment 245.56

10. Surface hand—general duties 236.42

602 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd April, 1980.

Number

Column 2

Classification

Column 3

Total Rate per

week

No junior shall bring wagons from the dead end to the screens unless under direction and control of the screenman. No junior water baler shall be required to commence work before 8.00 a.m. unless under the supervision of an adult worker.

No youth under the age of 15 years shall be employed underground.

11. (i) Winding engine drivers 256.29 (ii) Navvy drivers 263.07

(hi) Dragline driver (walking 4 to 6 yards capacity) 263.07

(iv) Diesel engine driver doing regular greasing 230.30

(v) Crane driver (not exceeding lifting capacity 5 tons) 230.30

12. Contract Timber Cutters' Rates (Weekly Basis)—

Each 2.7 m. Split 66.48 Each 3.0 m. Split 73.58 Each 3.0 m. Slabs 132.69 Each 2.7 m. Round 106.13 Each 3.0 m. Round 141.53 Each Sleeper 40.52 Lids per hundred 707.68

13. Junior Workers. Workers under the age of 19 years shall be paid the

following rates per shift of seven hours. $

Under 16 years of age 110.75 16 to 17 years of age 127.60 17 to 18 years of age 141.20 18 to 19 years of age... 159.10

Nineteen years of age and over to be paid adult rates for the work being performed.

Coal Industry Tribunal Awards— Interpretation of—Mining.

Award No. 4 of 1953. WHEREAS an error occurred in the copy of the above award title and Cumulative Contents of Volume 59, Part 2, Sub-Parts 2 and 6 at pages 1147 and 1763 respectively the following corrections are to be made:—

1. Page 1147 : Column 2— Delete line 2—"Engineering" and insert in lieu—"Mining".

2. Page 1763:— Awards—Interpretation of— Delete—"Engineering Award No. 4 of 1953 ...1147" and insert in lieu: "Mining Award No. 4. of 1953 ... 1147".

R. R.ELLIS, Registrar.

Documents

Sub-Part 4. WEDNESDAY, 23rd APRIL, 1980. Vol. … · Sub-Part 4. WEDNESDAY, 23rd APRIL, 1980. Vol. 60—Part 1. APPEALS TO FULL BENCH— Against Decision of ... conclusion that the