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Sub-Part 2 WEDNESDAY, 24th FEBRUARY, 1982 Vol. 62—Part 1

AWARDS—Delivered—

IRON ORE PRODUCTION AND PROCESSING (Goldsworthy Mining Limited).

Award No. 43 of 1981. BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION. No. A43 of 1981.

Between Goldsworthy Mining Limited, Employers and The Australian Workers' Union, West Australian Branch, Industrial Union of Workers; Amalgamated Metal Workers' and Shipwrights' Union of Western Australia; Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch; Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth; The Western Australian Carpenters and Joiners, Bricklayers and Stoneworkers Industrial Union of Workers; The Operative Painters' and Decorators' Union of Australia, West Australian Branch, Union of Workers; The Plumbers and Gasfitters Employees' Union of Australia, West Australian Branch, Industrial Union of Workers; The Federated Engine Drivers' and Firemen's Union of Workers of Western Australia; Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch, Unions.

Consent Award. HAVING heard Mr I. Hill on behalf of Goldsworthy Mining Limited and Mr B. J. Agnew on behalf of the Australian Workers' Union, West Australian Branch, Industrial Union of Workers, Mr T. D. Rynn on behalf of the Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth, Mr J. E. Bainbridge on behalf of The Federated Engine Drivers' and Firemen's Union of Workers of Western Australia, Mr T. Cook on behalf of the Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch, Mr J. Gerritsen on behalf of the Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch, and Mr T. Butler on behalf of The Western Australian Carpenters' and Joiners', Bricklayers' and Stoneworkers' Industrial Union of Workers, The Operative Painters' and Decorators' Union of 16851 — 1

Australia, West Australian Branch, Union of Workers and The Plumbers and Gasfitters Employees' Union of Australia, West Australian Branch, Industrial Union of Workers, the Commission by consent of the abovenamed parties, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby makes the following Award—

1.—Title. This Award shall be known as the Iron Ore

Production and Processing (Goldsworthy Mining Limited) Award No. A43 of 1981, and replaces Agreement 34 of 1977 and any amendments or amending agreements thereof in respect of the Parties of this Award.

.2.—Arrangement. PART I—GENERAL

1. Title. 2. Arrangement. 3. Definitions. 4. Area and Scope. 5. Term. 6. Trade Union Training. 7. Contract of Employment. 8. Higher Duties. 9. Junior Employees.

10. Part Time Employees. 11. Hours. 12. Overtime. 13. Shiftwork. 14. Weekend Work. 15. Holidays. 16. Special Leave. 17. Annual Leave. 18. Long Service Leave. 19. Sick Leave and Accident Sickness Benefit

Plan. 20. Time and Wages Record. 21. Travelling on Engagement and

Termination. 22. Distant Work. 23. Industrial Relations Procedure. 24. Union Officials. 25. Transportation To and From Work. 26. District Allowance. 27. Service Payments. 28. Special Rates and Provisions.

212 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thFebruary, 1982

29. Payment of Wages. 30. Wages. 31. Posting of Notices. 32. Redundancy of Employees. 33. Workers Compensation. 34. Accommodation and Messing Charges. 35. Apprentices. 36. Utilisation of Contractors. 37. Cyclone Shutdown.

PART H -RAIL TRAFFIC 3.—Definitions.

In this Award—unless a contrary intention is apparent from the context—

"callout" shall mean work required outside ordinary hours, and shall exclude hours worked in conjunction with ordinary hours, or consecutively upon completion of overtime hours.

"Commission" means the Western Australian Industrial Commission.

"Convenor" means the senior shop steward; (a) Who has been appointed as such in

accordance with the custom of the union of which he is a member;

(b) Who has been accredited by his union; and

(c) Whose accreditation has been notified to the Company by his union in writing, and in the absence of the convenor, means his accredited deputy.

"Shop Steward" means an employee; (a) Who has been appointed in

accordance with the custom of the union of which he is a member to represent his fellow members in the section of the Company's operations in which he is employed;

(b) Who has been accredited by his union; and

(c) Whose accreditation has been notified to the Company by his union in writing.

"Employer" means the Company party to this Agreement.

"Leading Hand" means an employee who is appointed as such.

"Ordinary Hours" means the hours prescribed in or pursuant to Clause 11 of this Award.

"Public Holiday" means a day observed as a holiday pursuant to this Award.

"Parties" means the unions signatory to this Award on the one part and the employer on the other part.

"Roster" means a schedule specifying the commencing and finishing times of the ordinary working hours of the respective shifts in a certain shift system.

"Shift Tradesman" means a tradesman employed on shift work who:

(a) Is required to work alone without supervision and without direct access to his appropriate supervisor; and

(b) Works, in his cycle of shifts, not less than 50 per cent of his rostered shifts on afternoon and/or night shift.

Provided that a tradesman who otherwise complies with the foregoing definition but works less than the number of afternoon or night shifts referred to therein shall for each afternoon or night shift whilst so employed be paid one-fifth of the additional margin prescribed for a shift tradesman.

"Subclause" means a subclause of the clause or, as the case may be, the Schedule, in which it appears and "paragraph" and "subparagraph" have a corresponding meaning.

"Union" means the industrial union of employees which is registered under the Industrial Arbitration Act, 1979 and is party to this Award.

"Week" means for the purposes for which it is applied in this Award in the case of:

(a) A day employee or shift employee, the time span in which the 40 ordinary hours of work would fall, and

(b) A continuous shift employee, the time span in which five ordinary time rostered shifts would fall or seven days, whichever is the lesser.

Metal and Electrical Trades: (a) General Engineering:—

"Tradesman" means an employee who, in the course of his employment, works from drawings or prints, or makes precision measurements or applies general trade experience, but does not include an apprentice.

"First Class Machinist" means a tradesman who is engaged in setting up or in setting up and operating the following machines: lathe, boring machine, milling machine, planing machine, shaping machine, slotting machine and grinding machine.

"Automotive Electrical Fitter" means an employee engaged in the manufacture and repair of the starting, lighting and ignition equipment of motor vehicles (including motor cycles).

"Instrument Maker and/or Repairer" means an adult employee who is required to test, repair, build or design electrical or mechanical measuring and/or recording appliances and/or instruments and carry out experiments on same in a workshop or laboratory.

(b) Electrical:— "Electrical Fitter" means an employee

engaged in making, repairing, altering, assembling, testing, winding, or wiring electrical machines, instruments, meters, or other apparatus, other than wires leading thereto, but an employee shall not be deemed to be an electrical fitter—

(i) Solely by reasons of the fact that his work consists of placing electrodes in "neon" tubes sealed by him; or

(ii) If he is employed as a meter tester.

"Industrial Electrician" shall mean a qualified electrical fitter or qualified electrical installer who has been appointed and classified as such by the Company and who in addition to being the holder of a current B class "open licence" issued by the S.E.C. of Western Australia-

fa) has worked as an electrical tradesman for not less than two years on maintenance of heavy industrial and mining equipment, and

24th February, 1982] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 213

(b) has then been employed by the Company on heavy industrial and mining equipment for not less than 12 months, and

(c) who is required to possess and apply to his work a level of trade competence in excess of that required of the base electrical tradesman, including a level of competence in industrial electronics and complex circuitry which is higher than that reasonably expected of the base tradesman and less than that required of an Electrician Special Class, and

(d) whose competence is proved by a means agreed between the Company and the Union before any employee is promoted to this classification.

(e) provided that any dispute which occurs as to the level of competency represented by subparagraph (c) or (d) hereof will be referred to the Commission for determination.

"Electrical Installer" means an employee engaged in t he installation of electric lighting, electric meters, bells, telephones or motors and apparatus used in connection therewith and includes an employee engaged in running, repairing or testing of conductors used for lighting, heating or power purposes but does not include an employee who is a linesman or a meter fixer.

"Electrician—Special Class" means, subject to paragraph (iii) hereunder, an electrical fitter or electrical installer who—

(i) (aa) has satisfactorily completed a prescribed post trade course in industrial electronics; or

(bb) has, whether through practical experience or otherwise, achieved a standard of knowledge comparable to that which would be achieved under subparagraph (aa) hereof; and

(ii) (aa) is engaged on work on or in connection with complicated or intricate circuitry which work requires for its performance the standard of knowledge referred to in paragraph (i) hereof; and

(bb) is able, where necessary and practicable, to perform such work without supervision and by the use of complicated schematic diagrams to examine, diagnose, modify, correct, test and install systems comprising complicated or intricate interconnecting circuits, but does not include such an employee unless the

work on which he is engaged requires for its performance knowledge in excess of that gained by the satisfactory completion of the appropriate Technical College Trade Course.

(iii) For the purpose of this Award, an employee shall be deemed to be an Electrician—Special Class, only for the time during which he meets the foregoing conditions, unless—

(aa) that time exceeds two days per week; or

(bb) in the opinion of his employer, or in the event of disagreement, in the opinion of the Board of Reference that time is likely during the course of his employment to exceed two days per week on average-

in which case he shall be classified as an electrician —special class for as long as his employment, continues on either of those bases.

(iv) In the event of disagreement about the implementation of the "electrician—special class" provision, a Board of Reference shall determine the matter.

(v) For the purpose of this definition the following courses are deemed to be prescribed post trade courses in industrial electronics—

(aa) Post Trade Industrial Electronics Course of N.S.W. Department of Technical Education,

(bb) The Industrial Electronics Course (Grades 1 and 2) as approved by the Education Department of Victoria.

(cc) The Industrial Electronics Course of the South Australian School of Electrical Technology,

(dd) Industrial Electronics (Course "C") of the Department of Education, Queensland,

(ee) The Industrial Elect- ronics Course of the Technical Education Department of Tasmania.

(ff) The Certificate of Industrial Electronics of the Technical Education Division, Education Department of Western Australia.

"Linesman" means an employee engaged (with or without labourers assisting), in erecting poles for electrical wires, cables, or other conductors or erecting wires, cables or other conductors on poles or over buildings,


or tying them to insulators, or joining or insulating them or doing any work on electrical poles off the ground.

(c) Boilermaking and Ship Construction:— "Boilermaking and Ship Construction"

means the fabrication, erection, or repairing of steel or iron ships or of boilers or other vessels subject to greater pressure than the weight of their contents, but does not include drilling by stationary machines.

"Tradesman" means an employee who is required to develop work from scaled drawings or prints, or to make templates, or to apply general trade experience without the guidance of a foreman or other tradesman, and includes an employee engaged in riveting by hand or machine, caulking, chipping and working rivet busters.

(d) Steel Construction:— "Tradesman" means an employee who is

required to develop work from scaled drawings or prints, or to make templates or to apply general trade experience without the guidance of a foreman or other tradesman, and includes an employee engaged in riveting by hand or machine, caulking, chipping and working rivet busters.

"First Class Machinist" means an employee engaged solely in working one or more of the following machines: Bending rollers, gag straight liners, guillotines, shearing machines, hydraulic presses of over two hundred tons pressure, portable drillers, portable reamers and tappers.

"Serviceman Grade I" means an employee who is required to:

(a) Service heavy plant and mobile equipment either in the field or in the workshop or lube bay, and

(b) drive the service vehicles during the course of his duties.

(c) Service includes the topping up of oils, greasing, filling of fuel tanks and water for cooling systems.

"Serviceman Grade 11" means, an employee who is required to:

(a) Service light vehicles (i.e. cars, utilities, small trucks) either in the field or in the lube bay, and

(b) drive any service vehicles during the course of his duties.

(c) service includes the topping of oils, greasing, filling of fuel tanks and water for cooling systems.

"Lube Bay Serviceman" means an employee who services light vehicles, (i.e. cars, utilities, small trucks) in the lube bay. Service includes the topping of oils, greasing, filling of fuel tanks and water for cooling systems.

Building Trades: "Plumber" means an employee employed or

usually employed in executing any general plumbing, gas fitting, lead burning, 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 pipe 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-cast 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 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.

(e) 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.

(f) 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 corrugated iron patent steel decking, aluminium decking, copper decking, corrugated asbestos, galvanised iron sheeting, fibreglass, plastic sheeting and moulds, fitter of patent roof outlets such as "fulgo" in ventilators, skylights and such.

"Carpenter and Joiner" means an employee engaged upon work ordinarily performed by a carpenter and joiner in any workshop, establishment, yard or depot, or on site, (including dams, bridges, jetties, and/or wharves). Without limiting the generality of the foregoing such work may include:

(a) The erection and/or fixing work in metal;

(b) (i) the marking out, lining, plumbing and levelling of prefabricated formwork and supports thereto;

(ii) the erection and dismantling of such formwork but without preventing builders labourers from being employed on such work;

24thFebruary, 1982] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 215

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

(d) the erection of curtain walling; (e) the setting out and laying of wood

blocks or parquetry or wooden mosaic flooring;

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

"Painter" (a) means an employee 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 intended to form part of any building or structure; or

(ii) to any machinery or plant; (b) and includes any employee engaged

in the hanging of wall papers or substitutes therefore or in glazing, graining, gilding, decoration, applying plastic relief, putty glazing or marbling;

(c) and also includes any employee who strips off old wall papers or who removes old paint or varnish or who is engaged in the preparation of any work for painting or any materials required for the trade;

(d) but does not include an employee who applies only one protective coating, where a final finishing or decorative coat is not required to any type of machine, machinery or structure, or who paints petrol or oil containers not exceeding fifty gallons capacity.

A.W.U./T.W.U. A "Storeman Grade III" means an employee who

is employed in the warehouse and who assists in any function associated with the physical workings of the warehouse and subject to a satisfactory performance during a three months training period will be upgraded to the position of Storeman Grade II. This employee is not eligible to be a leading hand.

"Storeman Grade 11" means an employee who has successfully completed a three months training period in the warehouse and who works under direction with the receipt, despatch, stowage and issuing functions of the warehouse, and is able to operate any forklift and/or drive any stores vehicle associated with that warehouse or who is able to and does carry out the limited functions required on shift work. A Storeman Grade II is not eligible to be a leading hand. The Company agrees that in special cases the union may request the Company to review the position of any storeman who has remained as a Storeman Grade II for more than one year.

"Storeman Grade I" means an employee who in addition to the duties of a Storeman Grade II is proved competent and has gained a full

working knowledge of the warehouse and its procedure at that site and is appointed as such.

"Ganger" shall mean an employee who is in charge of the track maintenance team.

"Senior Ganger" shall mean a ganger who is required to be in charge of more than one gaing in the track maintenance team.

"Mobile Equipment Plant Operator" means an employee employed within the mining operations who has been passed by the Company as competent and is available to operate the range of heavy duty mobile equipment, irrespective of bhp, and includes at least rubber tyred and tracked dozers, graders, tractors and front end loaders.

"Ore Handling Equipment Operator—Special" means an employee who is employed in the Ore Handling Section at Finucane Island only, who, in addition to functions performed by other Ore Handling Equipment Operators and who is classified as a leading hand, is required to assist the Foreman to operate the Finucane Island plant for train unloading, stockpiling, ore processing and reclaiming.

"Laboratory Technician" without limiting the work proper to be performed by a staff employee, means an employee who in the course of his employment is required to work with a minimum of direct supervision and who, in addition to the work normally performed by a laboratory assistant, is competent whei>' equired to calibrate the X- ray fluorescent spectrometer, is required to carry out chemical apd physical analysis to a higher standard than that required of a laboratory assistant, and is required to assist on specific projects with a minimum of direction.

"Senior Driller" means a machine drillman Grade 1 who has established not less than 12 months service with the Company in that classification and who, having satisfied the Company of his competency is then available and required to carry out training as an additional duty to that normally required of the machine drillman Grade 1.

Note: There will be only on appointment to this classification at Goldsworthy, and one per shift at Shay Gap.

"Senior Powder Monkey" means an employee who is appointed as such by the registered Mine Manager or his nominee, and who is in charge of the employees in the powder crew. Should the Senior Powder Monkey be appointed to act in the absence of the foreman for periods of more than two days, he shall 'for the days so engaged in this capacity be paid at the rate of an additional $8 per week.

"Pettier" means an employee who has been employed as a Track Labourer and who has been passed out by the Company as being competent in every job which falls within the duties of labouring for the Track Gang. The Company agrees that in special cases the Union may request the Company to review the position of any Track Labourer who has been in the position for more than 18 months without being reclassified.

216 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th February, 1982

F.E.D.F.U. "Trainee Powerhouse Engine Driver"—a

powerhouse greaser may be reclassified as a trainee powerhouse engine driver providing—

(a) he is acceptable to the Union as a trainee and the Union agrees that he be trained, and

(b) he continues to carry out the normal duties of a greaser while he is being trained, and

(c) he regularly completes the necessary correspondence lessons.

If the trainee fails to obtain his certificate within a period of nine months from the date of his reclassification he shall be returned to the classification of greaser.

4.—Area and Scope. (a) This Award—

(a) relates to the Iron Ore Production and Processing Industry; and

(b) applies to all employees employed by the employer in any calling mentioned in the agreement; and

(c) is restricted in its operation to the area of the State between 18th and 26th parallels of South Latitude.

(2) For the purpose of this Award, the Iron Ore Production and Processing Industry includes the operations of quarrying, mining, crushing, transporting, treating, storing and loading and unloading of iron ore and work incidental thereto.

5.—Term. 1. Except as hereinafter provided this Award shall

apply from 1st October, 1981, and will continue in force until 30th September, 1983.

2. This Award shall not apply to persons who have terminated prior to the date of acceptance.

3. The wages clause and other money items will be reviewed by the parties after 1st October, 1982.

4. Notwithstanding the provisions of this clause, the increase in annual leave travel assistance for the spouse and dependants of employees, as provided in Clause 17, will not come into effect until the 1st December, 1981.

6.—Trade Union Training. The Company will allow employees to attend a

training course conducted by a trade union training body subject to the following conditions:

(1) The Company will allow leave up to a maximum of 100 days per year which shall not exceed 33 1/3 days per site.

(2) Employees attending such courses must have the approval of the Convenors from their site and their respective unions.

(3) The Company must be advised by the employee's union at least 14 days prior to the commencement of the course of the employee's nomination to attend the course.

(4) The Company will not be responsible for the cost of air fares, accommodation or any other cost involved with the conducting of the course other than his ordinary wages for the period of the course.

(5) Any unused portion of the allocation may be utilised in the following 12 month period.

7.— Contract of Employment. (1) (a) A contract of employment to which this

Award applies may be terminated in accordance with the provisions of this clause and not otherwise; but this subclause does not operate so as to prevent any party to such a contract from giving a greater period of notice than is hereinafter prescribed nor to affect

the employer's right to dismiss an employee without notice for misconduct which, at law, would justify summary dismissal.

(b) An employee who is validly dismissed without notice will be paid entitlements due up to the time of dismissal only.

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

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

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

(i) without giving the notice referred to in subclause (2) or

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

he forfeits his entitlement to any moneys owing to him under this Award but such forfeiture shall not exceed his ordinary wages for 40 hours.

(b) In a case to which paragraph (a) applies— (i) the contract of employment shall, for the

purposes of this Award, be deemed to have terminated at the time at which the employee was last ready, willing and available for work during ordinary hours under the contract; and

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

(5) The period of notice referred to in subclause (2), is 40 hours.

(6) The employer is under no obligation to pay for any day not worked upon which the employee is required to present himself for duty, except where this Award makes specific provisions for payment for such absence.

(7) (a) Subject to the provisions of this subclause the employer may deduct payment for any day during which an employee cannot be usefully employed because of any breakdown of machinery or other occurrence or event for which the employer cannot reasonably be held responsible.

(b) Provided that where a stoppage of work or stand-down has occurred and a dispute arises as to the employer's right to deduct payment—depending on the circumstances and effect of the strike or alleged cause which the employer claims he could not reasonably have prevented; the Commission shall determine the dispute and in so determining it shall have regard to the effects and duration of the stoppage, breakdown and/or any cause which the employer claims he could not have reasonably prevented and the endeavours made by the employer to maintain or re-establish production in a particular work area, repair a breakdown and/or provide alternative work.

(c) An employee who, pursuant to the provisions of this subclause, is stood down at or within four hours after the time of commencement of his shift without having been given notice of that stand-down at least four hours prior to that time shall be paid for the eight hours of that shift.


(8) An employee who, without prior notice to or arrangement by his employer, is absent on any day or shift shall, unless he is unable to do so, notify the department in which he is employed, of his inability to attend for work on that day of shift and such notification shall be given, where possible, before the time he is due to commence work on that day but in any event, no later than eight hours or in the case of night shift, 12 hours after that time.

(9) An employee who, without notification to, and the approval of his employer, is absent from work for one week shall be deemed to have abandoned his employment unless and until, in the circumstances of any particular case, the employer otherwise agrees or, in the event of dispute, the Commission otherwise determines, but this subclause does not affect the employer's right to dismissal referred to in subclause (2).

(10) (a) Tradesmen shall not be required to perform work outside the ordinary scope and practice of their trade.

(b) No member of the Federated Engine Drivers and Firemen's Union of Workers of Western Australia employed in a classification solely covered by that Union shall be required to perform work ourside the ordinary scope and practice of classifications covered by that Union.

(c) (i) No member of the Australian Workers Union, West Australian Branch Industrial Union of Workers employed in a classification solely covered by that Union at the Goldsworthy Mine and Finucane Island sites of the Company's operations shall be required to perform work outside the ordinary scope and practice of classifications covered by that Union,

(ii) No member of the Australian Workers Union or the Transport Workers Union, employed in a classification solely covered by either Union at the Company's operations at Shay Gap shall be required to perform work outside the ordinary scope and practice of the classifications covered by those two Unions.

(d) (i) In the employment of members of The Australian Workers' Union, West Australian Branch, Industrial Union of Workers and the Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch the parties shall continue to observe the provisions of Order No. 246 and 257 of 1974.

(ii) Notwithstanding the foregoing provisions of this clause nothing in this Award pre- empts or prejudices wither the Australian Workers Union, West Australian Branch Industrial Union of Workers or the Transport Workers Union of Australia Industrial Union of Workers, Western Australian Branch in respect of driving classifications at Mining Area C (M.A.C.).

(e) Subject to the provisions of this clause and to subclause (2) of Clause 6—

(i) An employee may be reclassified from one position to another under this Award by being given one weeks notice of the reclassification and

(ii) shall perform such work as may be required of him pursuant to his contract of service.

(11) An employee who has relieved in a classification higher than his ordinary classification for two weeks or more, shall not be returned to his ordinary classification without being given one week's notice or payment at the higher rate in lieu thereof.

(12) An employee shall not be required to transfer from shift to shift, from day to shift or from shift to day work without the foreman first discussing the matter with the employee concerned. When agreement cannot be readily obtained to effect the transfer, then discussions will be held between the Company and the union to determine which employee shall be transferred.

(13) An employee shall not be required to transfer from any site or section to another without the Company first discussing the matter with the employee concerned. When agreement cannot be readily obtained to effect the transfer, then discussions will be held between the company and the union/s to determine which employee shall be transferred.

8.—Higher Duties. (1) With the exception of an employee who acts on

one occasion only on any one day in the capacity of crib relief, an employee engaged during his ordinary hours and/or overtime on duties carrying a higher rate of pay than his ordinary classification, shall be paid the higher rate for the time so engaged, but if so engaged for an aggregate of two hours or more, he shall be paid the higher rate for the whole day or shift.

(2) An employee is not entitled to payment pursuant to this clause where the work on which he is engaged forms part of his normal daily or weekly duties.

9.—Junior Employees. (1) "Junior Employee" means an employee who—

(a) is under the age of 18 years; (b) is not an apprentice, and (c) normally resides in the same area as other

employees to whom this Award applies. (2) (a) Junior employees may be employed at the

appropriate junior rate of wage in any of the following callings, namely: Sampler, Laboratory Sample Preparer, Laboratory Assistant, Brush Hand, Chainman, Gardener, Stores Assistant, Swimming Pool Attendant (not as sole person in charge), Cleaner and Labourer.

(b) Notwithstanding the provisions of subclause (2) (a) no junior employee shall be employed in the classification of labourer on production.

(c) Except as prescribed in this subclause junior employees shall not be employed without the consent of the union concerned.

(3) A junior employee employed pursuant to this clause shall, where possible, be given training by or at the direction of the employer in the appropriate functions of the classification to which he may reasonably be expected to progress in reaching adulthood, but a junior employee shall not, during such training or otherwise, be required to perform work of a kind or to an extent which is beyond his capacity.

(4) Any dispute as to whether it is appropriate that a junior employee be employed on particular work may be referred to the Commission for determination.

(5) A junior employee employed pursuant to this clause shall be paid a percentage of the adult commencing rate for the classification in which he is employed in accordance with the following scale:

% Under 16 years of age 50 16 and under 17 years of age 70 17 and under 18 years of age 90

10.—Part-Time Employees. (1) A part-time employee shall mean an employee

engaged on a weekly contract of employment who works regularly from week to week for not more than eight ordinary hours on any day and less than 40 ordinary hours per week.


(2) Part-time employees shall be paid one fortieth of the weekly wage for their, classification as shown in Clause 30.-—Wages for each hour so worked.

(3) All time worked by a part-time employee in excess of eight hours per day shall be deemed overtime and paid for at the appropriate overtime rate.

(4) Service Payments shall apply to part-time employees in such a manner that the hourly service pay rate shall be paid for each ordinary hour so worked.

(5) The annual leave, sick leave, district allowance, long service leave and annual leave travel shall apply to part-time employees in the proportion that the part-time employees regular ordinary weekly hours bears to 40 hours per week.

(6) In the future no person will be employed as a part-time employee unless prior agreement is reached with the union concerned.

11.—Hours. (1) Day Employees—

(a) The ordinary hours of work of day employees:

(i) shall be 40 hours per week, exclusive of meal intervals;

(ii) shall be worked in five days of not more than eight hours per day, Monday to Friday inclusive;

(iii) shall, subject to the provisions of paragraph (b), start no earlier than 6.30 a.m. and end no later than 5.00 p.m. each day; and

(iv) shall be worked consecutively each day except for a meal interval which shall be of thirty minutes duration (inclusive of any wash up time).

(b) Starting times prior to 6.30 a.m. or finishing times later than 5.00 p.m. may be fixed by agreement between the employer and the union or unions and employees concerned or, failing such agreement, may be determined by the Commission.

(2) Six Day Day Employees. The ordinary hours of work for six day day

employees: (a) shall be 120 per three weekly cycle; (b) shall be worked on five of the six days

Monday to Saturday inclusive; (c) shall be worked consecutively each day

including a meal interval which shall be 30 minutes inclusive of wash up time and be counted as time worked;

(d) shall, subject to the provisions of (e) start no earlier than 6.30 a.m. and end no later than 5.00 p.m. each day;

(e) starting times prior to 6.30 a.m. or finishing times later than 5.00 p.m. may be fixed by agreement between the employer and the union or unions and employees concerned or, failing such agreement, mav be determined by the Commission;

(f) one overtime shift per three weekly period, shall when worked be placed on the roster so that it does not fall on a day that would otherwise be a penalty day.

(3) Six Day Shift Employees— (a) The ordinary hours of work for six day shift

employees:— (i) shall be 80 hours per fortnight;

(ii) shall be worked in shifts of eight hours Monday to Saturday inclusive;

(iii) shall on each shift include a crib break of 30 minutes inclusive of wash up time; and

(b) one overtime shift per three weekly period shall when worked, be placed on the roster so that it does not fall on a day that would otherwise be a penalty day;

(c) fortnight means the two weekly pay period; (d) the Crib Break shall be 30 minutes inclusive

of wash up time, and be counted as time worked during ordinary hours.

(4) Shift Employees other than Continuous Shift Employees—

(a) The ordinary hours of work of shift employees who are not continuous shift employees—

(i) shall be 40 hours per week; (ii) shall, in the case of five day shift

employees, be worked in shifts of eight hours per day, Monday to Friday inclusive;

(iii) subject to the provisions of paragraph (b), shall be worked consecutively each day except for a meal interval which shall be thirty minutes inclusive of wash up time.

(b) The Crib Break (meal interval) shall be 30 minutes inclusive of wash up time, and be counted as time worked during ordinary hours.

(5) Continuous Shift Employees— (a) The ordinary hours of work of continuous

shift employees— (i) shall be 80 hours per fortnight;

(ii) shall be worked in shifts of eight hours;

(iii) shall, on each shift, include a Crib Break (meal interval) of 30 minutes inclusive of wash up time; and.

(iv) shall, where appropriate, include the 21st rostered shift, which shall be paid at overtime rates and shall be placed on the roster so that it does not fall on a day that would otherwise be a penalty day;

(v) fortnight means the two weekly pay period.

(6) All Shift Employees except Loco Crews. Except at regular changeover of shifts a shift

employee shall not be required to work more than one ordinary time shift in each 24 hours, but this subclause does not prevent arrangement of the kind referred to in Clause 12 (2) (b) of this Award.

(7) All Employees except Loco Crews— (a) The meal interval referred to in the

preceding provisions of this clause shall be allowed, where practicable, between the fourth and fifth hours of the shift and in particular circumstances so as to commence no later than five and a half hours after the commencement of the shift.

(b) Smoko rest period— (i) an employee shall be allowed one 15

minute break per day. If the day or shift is equally divided by the meal break then the break shall be in the first half of the day. If not, the break shall be taken in the larger working portion.

(ii) shall be deemed to be time worked; and

(iii) subject to the provisions of paragraph (c) shall be taken on the job.

(c) Where the Crib Room is available for taking smoko rest periods and any employee or group of employees is able to visit the Crib Room for that purpose without being absent from the job for more than the time allowed

s


pursuant to paragraph (b), that employee or group of employees may take the smoko rest period in the Crib Room.

12.—Overtime. (1) Day Employees—

(a) Unless otherwise expressed by this Award all time worked on any day outside the ordinary hours of work fixed by or pursuant to Clause 11 shall be paid for at the rate of double time.

(b) Subject to the provisions of Clause 11 (7) and to those of paragraph (2) (d) hereof, where, by reason of a requirement to work, an employee is prevented from commencing his meal interval at the usual time he shall, if the meal interval is postponed for more than half an hour, be paid at overtime rates from the usual time of commencement of the meal interval until he commences a meal interval of the customary period.

(2) Shift Employees— (a) Subject to the provisions of paragraph (b)

all time worked in excess of the ordinary hours of work prescribed in Clause 11 or on a shift other than a rostered shift, shall be paid for at the rate of double time.

(b) Time worked in excess of the ordinary hours of work shall be paid for at ordinary rates if it is due to private arrangements between the employees themselves.

(c) Subject to the provisions of Clause 11 (7) and to those of paragraph (d) hereof, where, by reason of a requirement of work, an employee is prevented from commencing his meal interval at the usual time he shall, if the meal interval is postponed for more than half an hour, be paid at overtime rates from the usual time of commencement of the meal interval until he commences a meal interval of the customary period.

(d) This subclause does not apply where the meal interval is a paid meal interval pursuant to Clause 11.

(3) All Employees— (a) Recall to work—

(i) An employee who, after leaving the job, returns by direction of his employer to work overtime, is deemed to have been recalled whether notified before or after leaving the job of the requirement to work;

(ii) An employee called out to do specified work shall be paid at least four hours at double time. If the same employee is called out again within the same four hour period he shall continue to be paid at the rate of double time for a period of four hours from the commencement of the second or subsequent callout.

(iii) An employee recalled for a specific job or jobs shall not be required to work for the minimum period applicable to him if the job or jobs is/ are completed in less time than that minimum period, unless unforeseen circumstances arise in which case a further two hours at double time will be paid for each such additional request he accepts.

(iv) Where a recall is continuous with the commencement of ordinary hours of work, an employee shall be paid for the recall in accordance with subparagraph (ii) without diminution of the payment due to him for his ordinary hours of work but this subparagraph does not apply where the employee was notified of the requirement to work before leaving the job on the previous day or earlier.

(v) The Company shall verbally inform the employee, at the point of recall, of the job or jobs to be performed and shall, except in special circumstances, confirm this in writing at the point of recall, but in any event prior to the job commencing.

(vi) If required, transport shall be provided by the employer to and from the job.

(vii) The provisions of this paragraph do not apply—

(aa) where it is customary for an employee to return to perform a specific job outside his ordinary hours of work; or

(bb) where the overtime worked is, except for a reasonable meal break, continuous with the completion of the ordinary hours of work.

(viii) A callout shall commence and finish on the job.

(ix) An employee who works for more than four hours on a specific job/s or who replaces an employee for half of a shift shall, in addition to payment for the time worked on a callout, receive a callout allowance of $5.00.

(x) An employee, who, after working at least eight hours on a callout may, if he so requests of his supervisor, cease work prior to the specific job being completed.

(b) Rest Period After Overtime— (i) When overtime work is necessary it

shall be so arranged other than in an urgent and special circumstance that employees have at least 10 consecutive hours off duty between the work of consecutive days.

(ii) Where the time worked by an employee on a recall is less than four hours the time so worked shall not be regarded as overtime for the purpose of this paragraph, but this subparagraph does not apply with respect to recalls within the 10 hour period immediately preceding the time at which the employee is to commence his ordinary hours of work if he is recalled on two or more occasions within that period and the overtime worked by him on the last of such occasions ends before that ordinary commencing time.

(iii) An employee who, by reason of working overtime, has not had at least 10 consecutive hours off duty after the termination of his ordinary hours of work on any day shall not, unless specifically directed so to do by his employer in writing, commence his ordinary hours of work on the next day until he has had 10 consecutive hours off duty.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24t.h February, 1982

(iv) Where such an employee pursuant to (v) By agreement between the employee a specific direction by his employer and his supervisor, the specified period works in ordinary hours on any day of overtime may be shortened, without having had 10 consecutive hours off duty since the termination (e) (i) An employee shall not be compelled to of his ordinary hours of work on the work for more than five and a half preceding day, he shall be paid at the hours without a break for a meal, rate of double time for the ordinary (jj) An employee who is required to work hours so worked and shall, at the two hours or more of overtime conclusion of such work, be given 10 immediately following the completion consecutive hours off duty. 0f hig ordinary hours of work on any

(v) Where, pursuant to the preceding day shall be allowed a meal break of 20 provisions of this paragraph, an minutes which shall be paid for at employee is given 10 consecutive overtime rates. hours off duty, any ordinary hours of ..... ,u ■ • e , work falling within that period shall Notwithstanding the provisions of sub- be deemed to be time worked at paragraph (i) an employee shall, after ordinary time rate working four consecutive hours of

(vi) Eight h„™ thdlb, substituted for ^ 10 hours m applying the provisions of 1 ^ f 20 mi'nutes without tins paragraph when overtime is deduction of pay if he continues work worked by arrangement between after the meal break, and, if he was not employees. notified on the previous day or earlier

, , ... .. that he would be required to work more (c) (i) Where an employee (other than an than four hours of overtime, he shall be employee engaged on continuous shift supplied with a meal by the employer work works on a Sunday or Public free of charge. The provisions of this Hobday immediately preceding an subparagraph apply in the same ordinary working day the provisions of manner and subject to the same paragraph (b) shall be applied to him as conditions, to each subsequent four if the termination of his work on the hours of overtime worked by the Sunday or Public Holiday was the emnlovee termination of ordinary hours of work on an ordinary working day, but this (iv) An employee who is required to work on paragraph does not apply where the any overtime shift or day of not less work done on the Sunday or Public than eight hours duration shall be Holiday is pre-notified, pre-start allowed a meal break of 30 minutes, overtime. inclusive of wash up time, without

(ii) The provisions of subparagraph (i) of deduction of pay, between the fourth this subclause shall nevertheless apply and fifth hours of the shift.

<" whora OB he be required to work on the rostered '' off day preceding the commencement of (aa) if he was not notified on the his next normal rostered shift. previous day or earlier of the

requirement to work overtime, be (d) (i) Where overtime is offered and the supplied with a meal by his

employee undertakes to work overtime employer free of charge; and for a specified period or for the (bb) if he was notified and is not completion of a specified job, he shall resident in the employer's work in accordance with his quarters, be supplied with a meal undertaking unless prevented from so by the employer if he so desires doing by illness, accident or injury. at a cost of eighty cents which

(ii) Failure of an employee to indicate shall be deducted from the clearly an acceptance or refusal may be employee's wages. treated as a refusal and the Company is . , , not obliged to employ that employee (vi) The provisions of (bb) of subparagraph should he then attend for such (v) a.PPly resPe.ct to any other overtime. The Company will post a overtime meal for which the employee roster one day prior to regular overtime referred to in (bb) of subparagraph (v) being worked. This roster will comprise is responsible but which is supplied by of those who have accepted an offer of the employer. overtime which was made at least one (vii) An employee who is required to work day prior to the notice being posted. overtime for more than one and a half

(iii) Where the employer cancels pre- hours but less than two hours arranged overtime, in respect of a day immediately following the completion other than an ordinary working day 0f his ordinary hours of work on any pursuant to Clause 11 (hours), the day shall, in addition to payment for employee shall be given 12 hours notice the time worked, be paid for 20 minutes of such cancellation or shall be paid at at ordinary time rates. single time rates for half of the overtime . . offered and accepted. (viii) Where, pursuant to the provisions of

(iv) Where the employer cancels pre- this clause, an employer is required to arranged overtime which is continuous supply a meal to an employee free of with the employee's ordinary hours of charge he shall, if he is unable to supply work, the employee shall be given four that meal, pay to the employee $5.00 m hours notice of such cancellation or lieu thereof, but an employee may not shall be paid at single time rates for the elect to take payment in lieu of a meal period offered and accepted up to a when the employer is able to supply maximum of four hours. that meal.

24th February, 1982] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 221

(ix) An employee who, pursuant to a notification on the previous day or earlier of a requirement to work overtime has provided himself with a meal or meals shall, for each such meal not required owing to less overtime being worked than was notified be paid $5.00.

(x) Any dispute as to the suitability of meals supplied by the employer pursuant to this paragraph shall be determined by the Commission.

(f) An employee who is required to hold himself in readiness outside his ordinary hours of work for a call to work, shall for the time that he so holds himself in readiness, be paid—

(i) at the rate of time and one quarter on a Saturday or Sunday;

(ii) on a public holiday or, in the case of a continuous or six day shift employee, on a rostered day off or scheduled overtime day, time and one half; and

(iii) at ordinary time rates on any other day.

(iv) Provided that an employee who is required to hold himself in readiness for a call to work for more than four hours on a public holiday during what would have been his normal hours of work on that day but for it being a holiday, shall in addition to payment at the rate of time and one half for the time that he so holds himself in readiness, be granted an additional paid day of leave on his next annual leave, unless the employee and his department head agreed that he takes that day off without loss of pay for ordinary time at some other mutually convenient date.

(g) Except in the case of the provisions of subclause (10) of Clause 13, where an employee who is required to commence overtime on a Saturday, Sunday or Public Holiday is ready, willing and available to work in accordance with that requirement, he shall be given at least four hours work or four hours pay at the appropriate rate in lieu thereof, but this paragraph does not apply with respect to pre-notified pre-start overtime which is continuous with his normal shift.

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

(i) Overtime on shift work shall be calculated on the rate payable for day shift, excluding weekend or shift penalty rates.

(j) Subject to the provisions of subclause (3) (a) (iii) of this clause and the provisions of Clause 13 (6), this clause does not operate so as to require payment of more than double time and one half on a public holiday or double time on any other day.

13.—Shift Work. (1) The provisions of this clause apply to shift work

whether continuous or otherwise. (2) The employer may work any of his employees

on shift work and may change any shift system in operation from time to time, but before doing so shall

make every endeavour to reach mutual agreement with the employees and the union/s in the following manner:

(a) If the employer needs to change his shift system he shall explain the reasons and:—

(i) Hold discussions with the Convenor/s concerned and endeavour to reach agreement. If agreement is reached the employer will then advise the union/s concerned of the agreement reached and give the employees one weeks notice or such other period as agreed.

(ii) If agreement cannot be reached under subclause 2 (a) (i) the employer may then seek discussions with the full time officials of the union/s concerned and endeavour to reach agreement. If agreement is then reached a period of seven days or other agreed period of notice of change of shift system will be given before implementation of the new shift system.

(b) (i) In the event of disagreement by the parties in the foregoing provisions of this subclause the Company shall then, if it still needs to change the shift system, give a minimum of seven days notice of the intention to introduce the proposed shift system for a trial period of the duration of one cycle of the roster.

(ii) During the trial period all parties will continue having discussions in order to work out a satisfactory solution.

(3) Subject to the provisions of subclause 2 of this clause, where the shift system is changed, it will be necessary to also change the roster. The employer will call a meeting and during the time discussions are being held on the proposed change to the shift system will seek to reach agreement on the roster to be worked.

If agreement is not reached the Company roster will be introduced and worked for at least one cycle of that roster.

(4) If the employer or all the unions who are working a particular roster on a shift system wish to change that roster, but not the shift system, then discussions will be held between the company and the Convenor/s concerned in an endeavour to reach agreement.

Should the parties fail to reach agreement on any new roster, then the existing roster will continue to apply until agreement can be reached.

(5) Where, pursuant to subclause (2) the employees concerned agree to a change in shift system, the employer shall forthwith advise the union or unions in writing of the change and the fact of the employees' agreement.

(6) (a) Subject to the provisions of this clause, an employee employed on shift work shall, in addition to his ordinary rate of wage, be paid for each hour worked—

(i) If a two or three shift employee—62 cents. (ii) If a continuous shift employee—70 cents.

(b) The foregoing addition to the wage rate shall not compound by penalty rate or shift premium addition, nor be payable in respect of time not actually worked but for which other provisions of this award entitle the employee to payment of ordinary wages.

(c) "Afternoon Shift" means a shift starting not earlier than midday and prior to 8 p.m. and

"Night Shift" means a shift starting at or after 8 p.m. and prior to 6 a.m.


(7) Where a shift commences at or after 11 p.m. on any day, the whole of the shift shall, for the purposes of this award, be deemed to have been worked on the following day. Notwithstanding the provisions of this subclause when a three shift system is worked in the mines together with an overtime shift on night shift, the shift commencing on Sunday night shall be deemed to be the overtime shift and the shift commencing on Friday night shall be an ordinary time shift.

(8) A day employee who is transferred to shift work shall be paid at overtime rates for each afternoon or night shift worked if he is rostered to work less than five consecutive afternoon shifts or less than five consecutive night shifts.

(9) If a shift employee is transferring from one shift to another and, within 48 hours of being notified in writing of the transfer, works on the shift to which he has been transferred, he shall be paid at overtime rates for all time worked on that shift during that 48 hours.

Notwithstanding the above the employer will endeavour to give the employee one weeks notice where possible.

(10) (a) Where afternoon or night shift the purpose of the periodic overhaul of particular plant or other special work which is carried out periodically and employees are transferred from their normal rostered work to work afternoon or night shift on that overhaul or special work, a shift employee so transferred shall be paid at overtime rates for each such shift worked by him unless he is rostered to work five or more consecutive afternoon shifts or five or more consecutive night shifts on that overhaul or special work, but the provisions of this paragraph do not affect any entitlement arising under subclause (9).

(b) In calculating the number of consecutive afternoon or night shifts for the purpose of paragraph (a) of this subclause—

(i) afternoon or night shift worked on any Sunday shall be disregarded, and

(ii) the sequence of shifts shall not be deemed to have been broken by the fact that a Sunday or Public Holiday falls within the period of shift work whether or not work is performed on any such day.

(iii) (aa) When either day employees or shift employees are temporarily required to change from their normally rostered hours of work to work on a specific periodic overhaul of particular plant and/or other specific work as may be designated by the employer and provided that such employees are required to work on a two 12 hour shift basis over the 24 hours of the day for up to but not more than seven consecutive days inclusive of the weekend period, all such employees designated for that specific job shall (provided that designated work is completed in up to but not more than seven days) be deemed to be continuous shift employees and be paid accordingly, inclusive of the addition to the rate prescribed by subclause (6) of this clause for a continuous shift employee, and the provision of a paid crib break,

(bb) When 12 hour shifts are worked under the foregoing provisions, the first four hours will normally be treated as pre- start overtime.

(cc) Subject to paragraph (b) hereof, each such shift so worked will be paid at overtime rates.

(dd) An employee who, without reasonable excuse acceptable to the employer, fails to subsequently maintain his temporary contract to work the 12 hour shift as rostered shall not maintain entitlement to the provisions of this subclause from the start of that shift onwards.

(ee) The maximum payment under this subclause will be double time plus the addition for each hour worked as prescribed by subclause (6) of this clause, unless any such work is carried out on a Public Holiday when the provisions of Clause 15 shall apply.

(11) (a) A continuous shift employee employed on a four panel shift cycle of 28 days who is not, in the course of that roster, rostered to work at least one third of his time on day shift or day work, shall be paid at the rate of time and one half for each afternoon or night shift worked by him during that 28 days.

(b) A shift employee, who is any consecutive three weeks, is not rostered to work at least one week on day shift or day work shall be paid at the rate of time and one half for each afternoon or night shift worked by him during those three weeks.

(c) A shift employee who works for more than one week consecutively on afternoon shift shall be paid at the rate of time and one half for each afternoon shift worked in the consecutive second and subsequent weeks of afternoon shift.

(d) A shift employee who works for more than one week consecutively on night shift shall be paid at the rate of time and one half for each night shift worked in the consecutive second and subsequent weeks of night shift.

(e) This subclause does not apply if (i) it would only otherwise apply because of a

change of shift made by private arrangements between that employee and another; or

(ii) the employee is employed on a roster to which the employer and the union or unions concerned have agreed that it shall not apply.

(f) Shift employees who work a four panel shift system are obliged to work the 21st shift and the rate for all time worked will be double time on such 21st shift.

(12) (a) A day employee who is required to change from day work to shift work on any day shall be allowed to cease work 10 hours prior to the commencement of his shift work without loss of pay for normal rostered hours occurring during those 10 hours. When because of work requirements this is not practicable, then the shift to which he is transferred will be paid for at the rate of double time.

(b) Time off duty allowed pursuant to paragraph (a) shall not be regarded as time worked for the purpose of computing overtime or other penalty rates.

(13) A roster showing the shift to be worked and the commencing and finishing tmes of the ordinary hours of work on the respective shifts shall be posted on a notice board and a copy shall be supplied to the Union Secretary and Convenor.

(14) "Continuous Shift Work" means a three shift system which, except for breakdowns or other circumstances beyond the control of the employer, is worked without interruption over the seven days of each week.

(15) No employee may, by private arrangement with another employee, change from a shift which he is rostered to work unless the arrangement has been approved by the supervisor of those employees.


(16) Time worked in excess of the ordinary hours of work shall be paid for at ordinary rates if it is due to private arrangements between the employees themselves.

(17) Where, in positions designated by the employer, a shift employee is required, for the purpose of effecting a running changeover, to remain at his place of work beyond his rostered finishing time in order to hand over to the incoming shift, he shall be paid at overtime rates—

(a) for not less than 15 minutes; (b) for 30 minutes if required to so remain for

more than 15 minutes.

14.—Weekend Work. (1) All time worked by any employee other than a

continuous shift employee or a six day employee on a Saturday or Sunday shall be paid for at overtime rates.

(2) (a) All time worked by continuous shift and 6 day employees during the ordinary hours of work on Saturday shall be paid for at the rate of time and one half. Afternoon shift on Saturday shall be paid for at the rate of time and one half plus $6.00.

(b) All time worked by a continuous shift employee during the ordinary hours of work on Sunday shall be paid for at the rate of double time.

(3) Shift penalties as per Clause 13 (6) (a) shall be paid to all shift employees for all hours worked on weekends.

(4) Overtime worked by any employee on a Saturday or Sunday shall be paid for at the rate of double time.

15.—Holidays. (1) Subject to the provisions of Clause 12 and of

this clause the following days or the day observed in lieu thereof shall be allowed as holidays without loss of pay—namely:

(a) New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Sovereign's Birthday, Christmas Day, Boxing Day, Foundation Day.

(b) (i) In lieu of Foundation Day Goldsworthy and Shay Gap employees shall observe Marble Bar Cup Day and Finucane Island employees shall observe Port Hedland Cup Day.

(ii) In the event of Marble Bar Cup Day or Port Hedland Cup Day being cancelled or postponed another day may be observed by agreement between the parties.

(2) When any of the days mentioned in subclause (1) fall on a Saturday or Sunday, the holiday shall be observed on the next succeeding Monday or Tuesday. In each case the substituted day shall be a holiday without deduction of pay, the day for which it is substituted shall not be a holiday.

(3) Any employee who absents himself from work on the working day following a day observed as a holiday pursuant to this clause is not entitled to payment for that holiday unless he satisfies the employer that he has a reasonable excuse for his absence.

(4) (a) No employee, other than a continuous shift employee, shall be obliged to work on a day observed as a holiday pursuant to this clause unless he is required for the provision of essential service.

(b) Notwithstanding the provisions of this Award contained elsewhere than in this paragraph, the employer shall not require normal work to be performed on Christmas Day (25th December) and New Years Day and those days shall be observed as holidays by all employees other than those required for the provision of services which are essential to the comfort of the community.

(c) The days observed as shut-down days, namely 25th December and 1st January, shall be observed as shut-down days as they fall, not when they may be observed in lieu.

Where a shut-down day falls on a Saturday or Sunday a continuous shift employee rostered to work on Christmas Day or New Years Day shall be paid at ordinary rates for that day and the penalty day shall be a substituted day. For those not working due to the shut-down, payment will be made for eight ordinary hours at appropriate rates, and normal penalties shall apply on the substituted day, but no day in lieu shall apply.

(5) Time worked on a public holiday shall be paid for at the rate of double time and the employee shall, in addition, be allowed one days leave with pay which shall be taken in conjunction with the employee's next annual leave unless it is taken at a prior date as agreed between the employee and the company, or will be paid at ordinary rates if his service terminates before the day is taken providing however, overtime worked in conjunction with ordinary time will not apply.

(6) All time worked by a continuous shift employee outside the ordinary hours of work on a public holiday shall be paid for at the rate of double time and one half.

(7) When a continuous or six-day shift employee's rostered day off falls on a Public Holiday and he does not work on that day, he shall be paid eight hours at ordinary rate, or, at his option be allowed one days leave with pay which shall be taken in conjunction with the employee's next annual leave unless it is taken at a prior date as agreed between the employee and the company, or will be paid at ordinary rates if his service terminates before the day is taken.

(8) Notwithstanding any other provisions of this Award, on Christmas Day, employees who work in what would have been normal hours, shall be paid at single time above the rate for that day for a maximum of eight hours.

Notwithstanding the foregoing Power Station and Finucane Island control room employees will, when a 12 hour shift has been arranged by the employer prior to that day, be paid for the overtime hours at two and a half times single time plus half of single time extra.

In respect of New Year's Eve, afternoon shift employees will be paid at half of single time extra for all hours worked during ordinary hours and at 3/4 of single time extra for all time worked on night shift on New Year's Day.

The intent of this provision is to encourage the employees concerned to meet their obligations to report for duty on Christmas Day, New Year's Eve and New Year's Day.

(9) Shift penalties shall be paid as per Clause 13 (6) (a) for all hours worked by a shift employee on a Public Holiday.

16.—Special Leave. (1) Subject to the provisions of this clause, an

employee who is absent from work on account of the death of the employee's spouse, child, mother, father, mother-in-law, father-in-law, sister or brother, shall be entitled to leave without loss of pay during that absence, for a maximum of five days.

(2) (a) Where, on the recommendation of a medical practitioner or, as the case may be, the sister-in- charge of medical services, an employee's spouse or child leaves the site, for the purpose of obtaining specialist medical treatment and tbe employee is, as a consequence, unable to attend work, he is entitled, subject to the provisions of this clause, to leave without loss of pay for not more than five days in any year.


(b) Where, in the event of the illness of an employee's spouse, it is necessary for the employee to be absent from work for the purpose of caring for his spouse or child who is normally resident on site or in company accommodation he may, subject to the provisions of this clause, use for that purpose any unused part of the leave prescribed in paragraph (a), up to a maximum of two days per year, but the leave allowable under that paragraph is correspondingly reduced by any leave taken pursuant to this paragraph.

(3) Before becoming entitled to payment under subclauses (1) or (2) the employee shall produce proof satisfactory to his employer or, in the event of disagreement, satisfactory to the Commission.

(4) In this clause "spouse" includes de facto wife or husband.

(5) Notwithstanding the foregoing provisions of this clause those provisions do not apply when an employee is absent from work on Workers Compensation or on paid leave under any other clause of this Award.

(6) Provided there is no other leave accrued, special without pay requested under subclause (1) should not be refused, provided that it is not excessive, and that sufficient proof of the necessity is produced to the Company by the employee.

(7) An employee who has accrued sick leave to his credit, may by agreement between the employee and the company, use that sick leave for compassionate purposes.

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

(5) consecutive weeks leave with payment of wages as hereinafter prescribed, shall be allowed annually to an employee by his employer after a period of 12 months continuous service with that employer.

(2) (a) A Continuous Shift Employee, i.e. a shift employee who is rostered to work regularly on Sundays and Holidays, shall be allowed one weeks leave in addition to the leave to which he is otherwise entitled under this Award.

(b) An employee who completes a qualifying 12 monthly period and who, for part of that period, was engaged as a continuous shift employee, is for each complete week that he was continuously so engaged, entitled to one-fortysixth of a week in addition to the annual leave to which he is otherwise entitled under this Award.

However where an employee— (i) is required, and

(ii) actually relieves for an aggregate in excess of 26 weeks per year, and

(iii) is ready, willing and available to continue to relieve a continuous shift employee

for the purposes of this clause shall be deemed to have worked in the capacity of a continuous shift employee and qualifies for the extra weeks leave as provided in subclause (2) (a) of this clause.

(3) If a Public Holiday falls within an employee's period of Annual Leave and is observed on a day which in the case of that employee would have been an ordinary working day, one day being an ordinary working day shall be added to that period of leave.

(4) Time during which an employee is absent from work shall count for the purpose of determining his right to annual leave if, and only if—

(a) it is an absence during which he is entitled to pay under this Award; or unpaid leave for compassionate reasons; or

(b) it is an absence authorised by his Union and approved by his employer; or

(c) it is an absence discussed between the Union and the employer with a view to settling a dispute prior to the absence occurring; or

(d) it is an absence during which he is entitled to payment under the Workers Compensation Act, but an absence of a kind referred to in this subparagraph, to the extent that it exceeds 26 weeks in any qualifying 12 monthly period does not count for that purpose; or

(e) it is a stand down as a result of industrial action within the company by another union or his own union at another site; or

(f) it is an authorised absence, supported by a Doctors or Medical Centre Certificate, as a result of illness or accident irrespective of whether the employee has any sick leave to his credit.

(5) By mutual consent of the employer and the employee concerned, annual leave may be taken in not more than three periods, but no such period shall be less than one week.

(6) An employee whose employment terminates after he has a 12 monthly qualifying period and who has not been allowed the leave prescribed under this Award in respect of that qualifying period, shall be given payment in lieu of that leave in accordance with the provisions of this clause.

(7) After one weeks continuous service in any qualifying 12 monthly period an employee whose employment terminates shall be paid for one fifty- second of his Annual Leave entitlement in respect of each completed week of service in that qualifying period.

(a) Where an employee terminates before completing 12 months continuous service, payment for accrued annual leave shall be the wages he would have received as per Clause 30.—Wages for that period of accrual.

(b) Where an employee terminates after having completed more than 12 months continuous service and has complied with the provisions of subclause (8) (a) of this clause, he shall be entitled to payment for accrued annual leave of the wages he would have received as per Clause 30.—Wages for that period of accrual plus the appropriate loading pursuant to subclause (12) of this clause, plus service pay as per Clause 27 for the entitlement, for the qualifying year of service of that accrual.

(i) the provisions of sub-paragraph (b) do not apply to pro rated portions of accrued Annual Leave.

(ii) the appropriate loading plus service pay shall be only paid on termination in respect of one qualifying years annual leave entitlement.

(iii) Leave taken pursuant to the provisions of subclause (10) (a) of this clause obviates the provisions of subparagraph (b) in any year of service.

(8) (a) Subject to the provisions of paragraph (b) an employee employed north of the south latitude 26 degrees who desires to accumulate annual leave for a period of two years may do so if he so notifies his employer in writing prior to the commencement of the second 12 monthly qualifying period. Such notice, once given, may only he revoked with the consent of the employer.

(b) The maximum amount of leave that may be accumulated and carried forward under paragraph (a) is—

(i) five weeks in the case of a continuous shift employee;

(ii) four weeks in any other case.


(9) An employee must give his employer not less than four weeks notice of the time at which he desires to take his leave and he shall be allowed to take his leave at that time unless compelling reasons exist for requiring the employee to take his leave at some other time, in which case the employee shall be advised in writing of the reason for refusal of his request within two weeks.

(10) Annual leave shall be allowed and taken— (a) or advanced

(i) where leave has been allowed to and taken by an employee pursuant to paragraph (a) and the employee's employment terminates before he completes the 12 months continuous service in respect of which the leave was so allowed the employer may for each complete month of the qualifying 12 monthly period not served by the employee, deduct from any moneys owing to the employee upon the termination of his employment one-twelfth of the amount of wage paid to the employee on account of the annual leave.

(ii) payment made for in respect of any public holiday shall not, for the purpose of paragraph (b) be deemed to be part of the amount of wage paid on account of the annual leave.

(b) (i) In the case of leave accumulated pursuant to subclause (8), within six months of the end of the second qualifying period; and

(ii) In the event leave is not taken within six months of the end of the second qualifying 12 monthly period, further leave shall not accrue until the existing entitlement is taken.

(c) In any other case, within 12 months of becoming due, however leave shall not accrue for periods longer than two years continuous service.

(d) (i) An employee who has relieved in a higher classification for a period of six weeks or more and where that period ends within one week before the employee commences annual leave, shall be paid for the period of annual leave at the higher rate,

(ii) Notwithstanding paragraph (a) of this subclause, an employee who has relieved in a higher classification for 26 weeks or more in the 12 months preceding the taking of his annual leave shall, for that period of annual leave, be paid at the wage rate that would otherwise have been applicable to the higher of the classifications in which he has most relieved during that 26 weeks or longer.

(11) Annual leave shall be allowed and taken and except as otherwise provided in this clause, payment shall not be made or accepted.

(12) An employee who proceeds on annual leave shall be paid for the period of leave—

(a) the wage he would have received as per Clause 30 (2) (a), (b), (c), (d), (e), (f), (g), (h), (i), (k), (1), (m), (o), and 25 per cent of that wage; plus

(b) the appropriate service payment prescribed in Clause 27; and

(c) if he is a continuous shift employee immediately prior to proceeding on leave, the amount which he would have earned by his roster for ordinary hours had he not been

on leave, plus 20 per cent of that amount. He shall also be paid the 21st shift at the appropriate rate plus service pay.

(13) (a) An employee who proceeds on annual leave is entitled to holiday leave travel assistance in accordance with and subject to the following provisions of this subclause, but only if his contract of employment continues or is continued after the leave is completed.

(b) (i) Subject to the provision of (a) of this subclause an employee who proceeds on annual leave, for one week or more shall be entitled to holiday travel assistance equivalent to the cost of an economy class return air fare to Perth on up to two occasions for each complete year provided such assistance may only be claimed in respect of travel to and from the employee's place of engagement in that year and further provided that the assistance may only be claimed in the form of an air ticket or reimbursement of actual travel costs up to the value of a return economy class air ticket.

(ii) Where the employee is a married employee whose spouse and dependants reside with him/her in the area of his/her employment, the spouse and each dependant, in their own independent right, shall be entitled to holiday travel assistance, in respect of any one completed year of the employee, of the equivalent cost at the date of travel, of two return air fares each. Dependants over three years and under 16 years, unless the dependant over 16 years is a bona fide full time student, shall be entitled to these provisions. Provided neither the spouse nor dependants receive travel assistance from any other employer.

(c) (i) Where an employee takes leave in advance, after a minimum of six months service in that leave year, the employee may claim up to 50 per cent of the entitlement for that year.

(ii) Where an employee has completed six months service in any leave year, his dependants as defined in (13) (b) (ii), may claim up to 50 per cent of the entitlement for that year.

(d) An employee is not entitled to the benefits of this subclause both as an employee and as the spouse of an employee.

(e) Where an employee who has been granted travel assistance under this subclause in respect of a period of annual leave fails to resume work with the employer upon completion of that leave, the employer may deduct from any moneys due to the employee the cost of such assistance unless he is satisfied that there were good and sufficient reasons which prevented the employee from so resuming.

(f) Holiday leave travel assistance may only be granted or claimed in respect of approved recreational leave, and for no other purpose.

(14) (a) Subject to the provisions of this subclause an employee who, during a period of annual leave, is confined to his home or to a hospital for three consecutive days or more as a result of personal sickness or injury is entitled to claim payment under Clause 19.—Sick Leave in lieu of payment for annual leave for all or part of the period of confinement.

(b) A claim under paragraph (a)— (i) may not exceed the period of sick leave to

which the employee was then entitled; (ii) shall be made within 14 days of the

employee resuming work after his leave;


(iii) shall be supported by a certificate from a qualified medical practitioner as to the sickness or injury and the necessity for confinement; and

(iv) shall, if the foregoing conditions are satisfied, be granted.

(c) Where an employee is paid for a period of confinement under this subclause, he is entitled to a period of annual leave equivalent to the ordinary hours so paid for which shall be taken in conjunction with his next annual leave or paid for if his service ends before that leave is taken.

18.—Long Service Leave. Right to Leave.

(1) An employee shall, as herein provided, be entitled to leave with pay in respect of long service, which should be taken in conjunction with annual leave. Long Service.

(2) The long service which shall entitle an employee to such leave shall, subject as herein provided, be continuous service with one and the same employer.

(3) Such service shall include service as an apprentice or junior employee.

(4) (a) Where a business is transmitted from an employer (herein called "the transmittor") to another employer (herein called "transmittee") and an employee, who at the time of such transmission is an employee of the transmittor in that business becomes an employee of the transmittee, the period of continuous service which the employee has had with the transmittor (including any such service with any prior transmittor), shall be deemed to be service of the employee 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.

(5) Such service shall include— (a) Any period of absence from duty on any

annual leave. (b) Subject to this paragraph any period of

absence from duty necessitated by sickness or injury to the employee provided that it is

(i) an absence for which the employee is entitled to paid sick leave under the provisions of Clause 19 of this Award, or

(ii) an absence which for that employee necessitated his non attendance at work due to sickness or injury in any one year in excess of 14 consecutive days but not more than 26 weeks. In this circumstance including a case in which such an employee has exhausted his entitlement to paid sick leave under Clause 19.

(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 in respect of annual leave.

(d) Any period during which the service of the employee was or is interrupted by service.

(i) as a member of the Naval, Military or Air Forces of the Commonwealth of Australia other then 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 1902-1956.

(ii) In any of the Armed Forces under the National Service Act, 1951 (as amended).

Provided that the employee, 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.

(6) Service shall be deemed to be continuous notwithstanding—

(a) The transmission of a business as referred to in subclause (4).

(b) Any interruption of a class referred to in subclause (5) irrespective of the duration thereof.

(c) Any absence from duty authorised by the employer.

(d) Any termination of the employment by the employer on any ground other than slackness of trade if the employee be re- employed by the same employer within a period not exceeding two months from the date of such termination.

(e) Any termination of the employment by the employer on the grounds of slackness of trade if the employee is re-employed by the same employer within a period not exceeding six months from the date of such termination.

(f) Any reasonable absence of the employee on legitimate union business in respect of which he has requested and been refused leave.

(g) Any absence from duty after the date of this Award by reason of any cause not specified in this schedule unless the employer during the absence or within 14 days of the termination of the absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service, which notice may be given by delivery to the employee 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.

(h) Any absence from duty before the date of this Award of any kind referred to in paragraph (i) unless the employer gave the notice referred to in that paragraph within the time and in the manner referred to in that paragraph.

(i) Any standing down of an employee in accordance with the provisions of an Award, Industrial Agreement, Order or Determination under either Commonwealth or State Law.

Provided that the period of any absence from duty or the period of any interruption referred to in paragraphs (c) to (h) inclusive, shall not, except as set out in subclause (5) count as service.

Period of Leave.

(7) The leave to which an employee is entitled or deemed to be entitled is:

(a) six weeks after completing five years' continuous service, or

(b) eight weeks after completing six years' continuous service, or

(c) ten weeks after completing seven years' continuous service, or

(d) eleven weeks after completing eight years' continuous service.

(8) Where an employee completes more than five years continuous service before taking the leave to which he is entitled under paragraph (a) of subclause (7) and resumes his employment with the same


employer immediately following that leave, his service prior to his commencement of that leave, to the extent that it exceeds five, six, seven or eight years as the case may be, shall be added to his subsequent service for the purpose of assessing his entitlement to further leave under that subclause.

(9) An employee who terminates after completing more than five years continuous service shall be paid pro rata long service leave for each completed year of service still remaining to his credit.

(10) Where an employee is entitled to leave under subclause (7) whether by virtue of the subclause or subclause (9), and his employment is terminated—

(a) by his death, or, (b) by the employer for any reason other than

serious misconduct, or (c) by the employee.

he shall be deemed to have commenced that leave immediately prior to such termination.

(11) An employee who proceeds on or is deemed to have commenced long service leave shall be paid for the period of the leave, the wage applicable as per Clause 30.—Wages, plus a loading of 20 per cent, and, the appropriate Service Pay as per Clause 27.

Such payment shall be made at the time of the commencemant of Long Service Leave.

Taking Leave. (12) (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 employee 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 employee's circumstances. Where annual leave is taken in conjunction with Long Service Leave, holiday travel assistance may be taken in conjunction with such leave.

(b) Except where the time for taking leave is agreed to by the employer and the employee or determined by the Special Board of Reference, the employer shall give to an employee 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 employee so agree, in not more than two periods.

(d) Any leave shall be inclusive of any public holidays specified in this Award occurring during the period when the leave is taken but shall not be inclusive of any annual leave.

(13) Subject to the provisions of subclause (11) payment for Long Service Leave shall be made in one of the following ways—

(a) in full before the employee goes on leave. (b) at the same time as his wages would have

been paid to him if the employee had remained at work, in which case payment shall, if the employee in writing so requires, be made by cheque posted to an address specified by the employee; or

(c) in any other way agreed between the employer and the employee.

(14) No employee 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 an employee breaches this provision he shall thereupon forfeit his right to leave hereunder in respect of the unexpired period of leave which he has entered, and the employer shall be entitled to withhold any further payment in respect of the period and to reclaim any payments already made on account of such period of leave.

(15) In the event of the death of an employee after that employee has become entitled to long service leave but before that leave has been taken or fully taken, any moneys due to the employee pursuant to subclause (11) which, at the time of death, had not been paid to him shall, at the request of the personal representative of that employee, be paid to that personal representative.

(16) In a case to which paragraph (b) or (c) of subclause (10) applies, any moneys due to the employee pursuant to subclause (11) which have not been paid to him shall be paid to him upon that termination.

Granting Leave in Advance. (17) The employer may, by agreement with an

employee, allow leave to such an employee before the right thereto has accrued due, but where leave is taken in such case, the employee 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.

(18) Where leave has been granted to an employee pursuant to the preceding subclause 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 such amount as represents payment for any period for which the employee has been granted long service leave to which he was not at the date of termination of his employment or prior thereto entitled. Records to be Kept.

(19) Each employer shall, during the employment and for a period of 12 months thereafter, or in the case of termination by death of the employee for a period of three years' thereafter, keep a record from which can be readily ascertained the name of each employee 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. Special Board of Reference.

(20) 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.

19.—Sick Leave and Accident Sickness Benefit Plan. (1) Subject to the provisions of this clause an

employee is entitled to payment for non-attendance on the ground of personal ill health or injury, for not more than 60 ordinary hours during each year of continuous service.

(2) Any unused sick leave in any year shall be allowed in any subsequent year without diminution of the sick leave prescribed in respect of that year.

(3) Where an employee, upon the completion of his apprenticeship, continues in employment with the employer to whom he was apprenticed, any sick leave standing to his credit immediately prior to the completion of the apprenticeship shall be deemed to be sick leave accumulated pursuant to subclause (2) of this clause.

(4) An employee is not entitled to receive any wages from his employer for any time lost through the results of an accident, wherever sustained, arising out of his own wilful default.

(5) An employee is not entitled to the benefits of this clause unless he produces proof of sickness or injury satisfactory to the employer or, in the event of a disagreement, satisfactory to the Commission.

16851—2


The Company shall not require a medical certificate in respect of absence under this clause unless the absence is for three consecutive days or more.

(6) Where an employee fails, without reasonable excuse, to comply with the requirements of subclause (8) of Clause 7, the employer may withhold payment under this clause. Any dispute arising under this subclause may be referred to the Commission for determination.

(7) This clause does not apply in respect of any time for which the employee is entitled to compensation under the Workers' Compensation Act.

(8) An employee shall be paid for sick leave at single time rates for sickness during his ordinary hours, even if it occurs on a weekend or twenty-first shift or on an overtime shift where the employee has given an obligation to attend, but is unable to do so due to illness or injury. Satisfactory proof will be required. The company reserves the right to review this clause if the incidence of illness or injury on overtime shifts increases noticeably.

(9) Employees Accident and Health Insurance Plan.

The Company will obtain protection for its employees through an insurance broker or insurance company and subject to the employee's claim being bona fide then certain benefits will be payable.

Note: Complete details will be made available however the following may be taken as a guide—

Benefit Payable

$ (a) Insured Event

(i) Accidental death 30 000 (ii) Total and Permanent

Disablement (other than disablement resulting from loss of sight and/or physical severance of hands or feet) from engaging in or attending to any profession, business or occupation whatsoever 30 000

(iii) Loss of two limbs or two eyes or an eye and a limb 15 000

(iv) Loss of one eye or limb 7 500 (v) Loss of thumb and index

finger 1500 (vi) Temporary total disablement See

as the result of accident note

below (vii) In the event of temporary

partial disablement of a worker as the result of an accident necessitating 50 reclassification to a lower per classification week

(viii) Temporary total disablement See arising from illness note

below Note: The benefit available under (vi) and

(viii) above shall be:— The wage rate as per Clause 30

(2) (a) (b) (fc) (d) or (e) and the appropriate 40 hour rate for juniors, apprentices, and part time employees.

(b) Weekly benefits for each employee for any one accident are payable for 104 weeks.

(c) Weekly benefits in respect of each employee arising from illness are payable for 52 weeks for any one illness.

(d) (i) No claim may be made under this policy where the absence is less than seven consecutive days.

(ii) In the event of the accident or illness being not less than seven days the employee will firstly claim any unused sick pay. He will then be entitled to receive benefits under the scheme from the date of the expiration of his sick leave entitlement.

(e) The insurance applies 24 hours per day- seven days per week whilst the employee is on the payroll of the Company, unless otherwise specified.

(f) The amount of any benefit payable is reduced by the amount of any workers' compensation or sick leave payment received by the employee.

(10) Claims Under Accident and Sickness Benefit Plan:

(a) Claims must be made on the appropriate form within 21 days of the commencement of the period of absence.

(b) During extended periods of absence Doctors Certificates must be forwarded to the Company in time for each disablement payment.

(c) Claims covering periods when employees are not in Australia. The Company may require evidence of the occurrence of the "insured event" in the following form:

(i) Where the "insured event" occurs in a place or city in which the Australian Government has an Embassy, Consular or Immigration Office to which is attached a medical officer, then the Company may require the employee to submit himself for examination by that medical officer at the employee's cost.

(ii) Where the "insured event" occurs in a place or city where there is not such office, the Company may require a medical certificate which states:

(aa) the nature of the illness or injury;

(bb) the treatment being prescribed and taken;

(cc) the extent and the nature of the incapacity;

(dd) a statement that the injury or illness, had it occurred whilst the employee was on site, would have prevented the employee from working for the whole period claimed.

(iii) A statement from a registered hospital that an employee had been confined there, will be sufficient proof of the duration of the illness. The statement must also contain the details required under (ii) (aa), (bb) and (cc).

(11) The insurance policy has the following exclusions, for which claims may not be made:

(a) intentional self injury; (b) venereal disease; (c) pregnancy or childbirth; (d) air travel other than travelling as a

passenger on a licensed aircraft; (e) war or any warlike act; (f) under the influence of alcohol, or drugs.

(12) The insurance policy provides cover for accident and sickness which occurs or develops while the employee is in the employment of the Company. It is not intended that the policy provides for the following:

(a) an operation to rectify an old, existing injury which the employee has been carrying prior to his joining the Company. However, if the


employee aggravates the old injury in another accident, he is insured under the policy;

(b) time off for operation on an internal ulcer, piles, ingrown toenail, or hysterectomy, unless the employee has been with the Company for at least six months, or can present a Doctor's Certificate stating that postponement of medical treatment would be detrimental to the patient's health;

(c) operation to carry out a vasectomy, salpinjectomy, facelift, sex change and the like, unless the operation is necessary because of an accident or illness.

(13) The cover of this Insurance policy excludes claims for death by accident or other insured capital benefit if the employee of the insured is a member of the GML Wage Employees' Provident Fund, and has a claim admissible under the Provident Fund Scheme.

20.—Time and Wages Record. (1) The employer shall make and keep a record or

records showing— (a) the name and address and classification of

each employee; (b) the starting and finishing times on each day; (c) the hours worked; (d) the wages and overtime (if any) paid; (e) the amount of fares and travelling time and

other allowances paid; (f) deductions; (g) leave paid and accrued; and (h) age of junior employees.

(2) The time and wages record shall be open for inspection by a duly accredited official of the union during the usual office hours at the employer's office or other convenient place and he shall be allowed to take extracts therefrom. The employer's works shall be deemed to be a convenient place for the purpose of this subclause and if for any reason the record is not available at the works when the official calls to inspect it, it shall be made available for inspection within 12 hours either at the employer's office or at the works.

(3) Any system of automatic recording by machines shall be deemed to be a record for the purpose of this clause.

21.—Travelling on Engagement and Termination. (1) The provisions of the clause apply only in

respect of employment North of South Latitude 26 degrees.

(2) Subject to the provisions of the clause the fare of an employee from the place of engagement to any place of employment shall be paid by the employer and the employee shall be paid at ordinary rates for not more than eight hours in any day for time spent in travelling to the place of employment, including time occupied in waiting for transport connections, but if the employee uses a mode of travel not approved by the employer, travelling time in excess of eight hours shall not be allowed unless the Commission otherwise determines.

(3) The amount of fare paid by an employer pursuant to subclause (2) shall be deducted and reimbursed as follows:

(a) In the case of an employee being provided an airfare from Perth to site, the amount of the airfare shall be deducted from the first three pays, and reimbursed after completion of six months' satisfactory service.

(b) An employee travelling from Perth to site by means other than air travel shall submit an expenses claim form for expenses incurred but that amount shall not exceed the cost of a tourist class airfare from Perth to site.

Upon the completion of six months' satisfactory service the employer will reimburse the employee for the expenses incurred at the time of travel.

(c) In the case of an employee being provided an airfare other than from within Western Australia, the amount of the airfare from point of engagement to Perth shall be deducted from the first eight pays, and refunded after completion of nine months' satisfactory service. The airfare Perth to site shall be deducted and refunded pursuant to the provision of sub paragraph (a) of this subclause.

(4) If an employee completes six months' continuous service with the employer or is terminated before that time for reasons other than misconduct, any amount deducted by the employer from the employee's wages pursuant to subclause (3) or claimed by the employee under subclause (3) (b) to the extent that it does not exceed the cost of the airfare from Perth to the site, shall be refunded to the employee.

(5) If an employee completes nine months' continuous service with his employer or is terminated for reasons other than misconduct after completing six months' but less than nine months' continuous service, the balance of any amount deducted pursuant to subclause (3) shall be refunded to the employee.

(6) If an employee completes 12 months' continuous service with his employer and resigns or is terminated for any reasons, he shall be given his tourist class air ticket from site to Perth.

An employee travelling to Perth by means other than air travel, may claim cash in lieu of tourist class air tickets.

(7) (a) If an employee completes two years continuous service with his employer and resigns or is dismissed, he shall be given his air ticket from site to his original point of engagement within Australia.

(b) An employee travelling to his point of engagement by means other than air travel, may claim cash in lieu of tourist class air tickets.

(8) The provisions of this clause do not apply to employees who have been declared redundant.

22.—Distant Work. (1) Where an employee is required to proceed to

another place of employment from which he cannot return to his home site each night, he shall be provided with free board and lodging, and shall be transported to his home site each week where possible.

(2) All time spent in travelling by direction of the employer shall be paid for at the appropriate rate.

(3) Wherever possible, and excluding emergency situations, 48 hours notice shall be given to an employee before the commencement of the distant work.

(4) An employee who is required to stay away from his home for one night but not more than five consecutive nights, shall be entitled to receive $5.00 for each night away from his home site, providing that this clause does not apply to employees who are required to remain away from home in accordance with their normal roster.

23.—Industrial Relations. The parties to the Award have honestly negotiated

its provisions and agree that:— (1) They will carry out the terms and conditions

of this Award. (2) Any differences which may arise will be

promptly settled without recourse to strike action.


(3) Any differences between the parties will be resolved by discussion between the parties; however, if this does not resolve the problem it is the responsibility of each party to the difference to refer the matter to the Commission.

24.—Union Officials. (1) A duly accredited full-time official of the Union

party to this Award may enter the employer's property and premises at any time but shall not, without the permission of the Industrial Relations Officer or, where the officer is unavailable, another appropriate representative of the employer, interview employees during their working hours.

(2) The employer undertakes to facilitate and arrange for accommodation at his premises for visiting full-time union officials of those unions if prior notice of intention to visit is given to the employer.

25.—Transportation To and From Work. (1) It is the responsibility of all employees to

ensure that they are at their normal place of work ready to commence work prior to the designated commencing time for any shift.

(2) (a) The Company will continue to provide the present means of transportation to and from work. Whilst employees continue to reasonably utilise this transportation, they will be permitted to do so at no cost to themselves.

(b) No claim in respect of travelling costs will be accepted by the Company in respect of those employees who elect to travel to and from work in other than Company provided transport.

(c) The Company provided transportation will operate on designated routes and at designated times as promulgated by the Company after consultation with the representatives of the Unions concerned.

(3) (a) Incoming Transport: When Company provided transportation runs

late in delivering employees to their place of normal work and that delay is attributable to the Company's obligation, the employees will not lose any ordinary time payment in respect of that lost time if a reasonable effort has been made by the employee to obtain alternative transportation.

(b) Outgoing Transport; In the event of a delay in excess of 15 minutes

beyond the scheduled departure time, the time delayed in excess of that 15 minutes will be paid for by the Company at ordinary time rates. In such circumstances, the time to be paid for will be to the next nearest quarter of an hour in favour of the employee.

26.—District Allowance. (1) Subject to the provisions of subclause (3) in

addition to the wages prescribed in Clause 30 an allowance shall be paid at the rate set out below, to each employee employed in the following areas:

Within that area of the State situated between Latitude 24 degrees and a line running east from Carnot Bay to the Northern Territory border $6.00.

(2) The above allowance covers a week, whether five, six or seven days. For' periods of less than five days, one seventh of the above shall be payable for each day or part thereof; provided however, that an employee who has worked at least one half of a week shall be given the benefit of Sunday in the calculation of District Allowance.

(3) An employee living in a mess or camp provided by the employer free of charge to the employee shall be paid half the rates prescribed in subclause (1) of this clause.

27.—Service Payments. (1) Subject to the provisions of this clause each

adult employee shall, in addition to payments otherwise due to him under this Award, be paid service pay as follows:

Per week

$ 3-6 months continuous service 15.00 6-12 months continuous service 20.00 12-18 months continuous service 25.00 18-24 months continuous service 30.00 2-3 years continuous service 35.00 3-4 years continuous service 40.00 4-5 years continuous service 45.00 5-6 years continuous service 50.00 6-7 years continuous service 55.00 7 plus years continuous service 60.00

(2) "Continuous Service" has the same meaning in this clause as it has in Clause 18.—Long Service Leave.

(3) The payments prescribed in this clause are payable for the ordinary hours prescribed in Clause 11-—Hours of this Award, and are not included in the ordinary wage for the calculation of overtime or penalty rates, but, subject to the provisions of this Award, form part of the ordinary wage payable during annual leave, public holidays, paid sick leave, paid special leave and long service leave.

(4) This clause does not apply to junior employees. (5) Notwithstanding the provisions of subclause (4)

for the purposes of this clause, apprentices shall be deemed to have commenced their employment at the commencement of their final year. Apprentices who continue their employment with the Company after completing their apprenticeship will receive subsequent service pay increases.

28.—Special Rates and Provisions. (1) (a) Subject to the provisions of this subclause,

employees allocated to groups pursuant to paragraph (c) shall be paid a disabilities allowance as hereinafter prescribed.

(b) The allowance referred to in paragraph (a) is in compensation for all disabilities not otherwise specifically provided for in this clause.

(c) The said allowance shall be paid for each hour worked, and shall be inclusive of a clothing allowance:

Group 1 52 cents/hour Group 2 40 cents/hour Group 3 30 cents/hour Group 4 25 cents/hour Group 5 18 cents/hour

The allocation of employees to the groups referred to in paragraph (c) shall be as follows:

A.M.W.S.U./A.S.E. Group 1: Pit and Crusher Tradesman (Gwy and

SG), Pit and Crusher Trades Assistants (Gwy and SG), Servicemen in Pit (Gwy and SG), Powerhouse Tradesmen (Gwy), Powerhouse Tradesmen (Gwy), Powerhouse Trades Assistants (Gwy), Lube Bay Attendants (Gwy and SG), Panel Beaters (Gwy), C.W.S. Tradesmen—working outside on shovels (Gwy), Tradesmen (FI), Trades Assistants (FI), Tradesmen—Mine Workshop (SG), Trades Assistants—Mine Workshop (SG), Riggers, Powerhouse Servicemen, Track Maintenance Fitter and Boilermaker.

Group 2: Boilermakers—C.W.S. (Gwy). Group 3: C.W.S. Tradesmen (Gwy), General

Services Fitter (Gwy), Engine Room Fitters and Trades Assistants (Gwy), General Services Fitter (SG).


Group 4: Tool and Material Storemen (Gwy and SG).

Group 5: Nil.

E.T.U. Group 1: Pit and Crusher Tradesmen (Gwy and

SG), Pit and Crusher Electrical Assistants (Gwy and SG), C.W.S. Tradesmen- working outside on shovels (Gwy), Tradesmen and Electrical Assistants (FI), Mine Workshop Tradesmen and Electrical Assistants (SG), Mine Refrigeration Fitters/Mechanics (Gwy and SG), Radio Communications Electronic Techs. (FI), Battery Servicemen.

Group 2: Radio Communications Electronic Techs. (Gwy and SG), Linesmen (Gwy and SG), Radio Technicians (Gwy and SG), Telecommunications Technicians.

Group 3: E.W.S. Electrical Tradesmen and Electrical Assistants (Gwy), Workshop Refrigeration Fitters/Mechanics (Gwy), Telephone Technicians (Gwy and SG).

Group 4: Township Tradesmen and Electrical Assistants (SG), Township Refrigeration Fitters/Mechanics (Gwy and SG).

Group 5: Nil.

Group 1: Plumbers (Gwy, SG and FI), Carpenters (Gwy and FI), Painters (Gwy).

Group 2: Nil. Group 3: Painters (SG), Carpenters (SG). Group 4: Nil. Group 5: Nil.

T.W.U. Group 1: Mack Prime Mover being used as a

pusher, Non Air-conditioned Vehicles (Q Macks, Haulpaks, Water Carts, Manhauls).

Group 2: All Air-conditioned Vehicles. Group 3: Single Low Loader. Group 4: Bus Driver (Non Air-conditioned

buses). Group 5: Bus Driver (Air-conditioned buses).

A.W.U. Group 1: Crusher Labourers, Powder Monkeys,

Blast Crewmen, Sniper/Airtrac Drillers, Drill Oilers, Mack Prime Mover being used as a pusher, Quarry Labourers, Non Air- conditioned Vehicles in the Mine, Sampler, Sample Plant Operators, Non Air- conditioned Mobile Equipment, Chainmen, Railway Track Maintenance, Lube Bay Attendants, Leading Hand in Crusher Area, Dogman/Crane Chaser, Ore Handlers—FI, Grader (SG)—non air-conditioned, Sampler Preparer.

Group 2: Grade 1 Drillman, Forklift Driver (Mine Workshop) Crusher Operator, Train Loader, Air-conditioned Vehicles, Air- conditioned Mobile Equipment, Warehouse Storeman (FI), Shiploader Operator, Warehouse Storeman (SG and Gwy Yard).

Group 3: Single Low Loader, Grader/Backhoe Operators General Services, General Services Labourers, Laboratory Assistants, Laboratory Technicians, Gardeners, Warehouse Storeman (SG), Warehouse Forklift Drivers (SG).

Group 4: Warehouse Storeman (Gwy), Warehouse Forklift Drivers (Gwy), Control Room Operators, Township Labourers, Township Truck Drivers, Bus Drivers.

No Payment: Swimming Pool Attendant.

Note: While air-conditioning in drills is not working due to faulty/missing side panels and dust seals, operators may be paid Group 1 for the time so engaged. Warehouse Storemen when on Day Shift may claim Group I disabilities (FI only).

F.E.D.F.U. Group 1: Shovel Greasers, Powerhouse Greasers,

Trainee Powerhouse Operators, Powerhouse Floor Operators, Powerhouse Floor Operators (Gwy), Crane Drivers (non air- conditioned), Dogman/Crane Chasers.

Group 2: Shovel Drivers, Powerhouse Engine Control Room Drivers (Gwy), Crane Drivers (air-conditioned).

(d) (i) Where an employee is temporarily engaged in work which would if he were regularly so engaged entitle him to be allocated to a higher Group than the one to which he has been allocated, he shall, if engaged on such work on any day be paid the higher rate for each hour so worked but this paragraph does not apply if the work in question has been taken into account in allocating the employee to his ordinary group.

(ii) The higher duties provisions in subclause (i) above do not apply to the current schedules because the requirement to work on work with a higher disability allocation has been taken into account when allocating the employee to his ordinary group.

Where an employee is temporarily transferred to an area carrying a higher disability for periods of five days or more he shall be reclassified to the higher group for the period of such temporary transfer.

(e) Special Maintenance Rate— (i) Subject to the provisions of sub-paragraph

(ii) where the conditions under which work is to be performed are exceptional, an employee shall be paid 20 cents per hour, in addition to the appropriate disability group allowance or any other allowance to which he may be entitled.

(ii) This additional rate shall be paid to tradesmen, their assistants and Dogman/Crane Chasers for work performed on the following tasks:—

Shay Gap—Goldsworthy— (aa) Changing syntron feeder plates in

reclaim tunnels; (bb) Inside trainloader bin; (cc) Inside crusher surge bin; (dd) In crusher bowl; (ee) Central gudgeon area on shovels; (ff) Under dust curtains of drills when

mast in vertical position; (gg) All chutes; (hh) Inside swing and propel boxes on

shovels; (ii) Centre pin area of articulated front

end loaders and dozers whilst the machinery remains articulated;

(jj) Apron feeders; (kk) B.T.A.—when working under

houses and complexes; (11) External work on crusher,

conveyors, screens and associated plant whilst screening is in progress;

(mm) Inside screens. Finucane Island—

(aa) Screens; (bb) Apron feeder; (cc) Enclosed chutes; (dd) Centre chutes of ore handling

machines; (ee) Dust collectors;


<ff) Number 32 tunnel; (gg) Number 24 tunnel; (hh) B.T.A.—when working under

houses and complexes. Goldsworthy—

(aa) C.W.S.—when working on drills, haul units and major earthmoving equipment, other than shovels, outside C.W.S. area.

(bb) Loco Workshop—when on train inspection (provided loaded trains are inspected).

(2) Painting— (a) No surface painted with lead paint shall be

rubbed down or scraped by a dry process. (b) No paint brush shall exceed five inches in

width and no kalsomine brush shall exceed seven inches in width.

(c) No employee shall be permitted to have a meal in any paint shop or place where paint is stored or used.

(d) Lead paint shall not be applied by a spray to the interior of any building.

(e) All employees (including apprentices) applying paint by spraying shall be provided with full overalls and head coverings and respirators.

(f) Water and soap shall be provided by the employer in each shop or on each job for the use of painters.

(3) The employer shall provide adequate facilities for the employees to grind tools and employees shall be allowed time to use those facilities whenever reasonably necessary.

(4) The work of an electrical fitter shall not be tested by an employee of a lower grade.

(5) An employee who is required to work from a ladder shall be provided with an assistant on the ground where it is reasonably necessary for the employee's safety.

(6) An employee engaged on work involving the opening up of house drains or waste-pipes or on work involving the cleaning of septic tanks or dry wells shall, in addition to any allowance to which he is otherwise entitled under this clause, be paid $2.20 on any day on which he is so employed, but this subclause does not apply to the opening up of storm water drains or other drains of a similar kind.

(7) (a) An employee who is required to use toxic or other substances or materials which, if used incorrectly, are likely to constitute a health hazard, shall be informed by his employer of the hazards involved and instructed in the procedures which must be observed in the use of such substances or materials.

(b) An employee using such substances or materials shall be provided with and use any protective equipment prescribed or recommended by the appropriate Government Authority and shall observe the required procedures. Where no prescription or recommendation has been made by the appropriate Government Authority, the protective equipment to be supplied and used and the procedures to be followed shall be determined by agreement between the employer and the appropriate union, or failing agreement, by the Commission.

(8) Protective Equipment— (a) The employer shall have available a

sufficient supply of protective equipment (as for example helmets, hand screens, goggles (including anti-flash goggles), glasses, gloves, mitts, aprons, sleeves.

leggings, gumboots, ear protectors, water- proof clothing or other efficient substitutes thereof) for use by his employees when engaged on work for which some protective equipment is reasonably necessary. It shall be a defence by an employer charged with a breach of this subclause if he proves that he was unable to obtain either the item of equipment the subject of the charge, or a suitable substitute.

(b) Every employee shall sign an acknowledgement on receipt of any article of protective equipment and shall return same to the employer when he has finished using it or on leaving his employment.

(c) No employee shall lend another employee any such article of protective equipment issued to such first mentioned employee, and if the same are lent, both the lender and the borrower shall be held responsible.

(d) Before helmets, goggles, glasses or gloves or any such substitute which have been used by an employee are reissued by the employer to another employee, they shall be effectively sterilised.

(e) During the time any article of protective equipment or hand tool is on issue to the employee, he shall be responsible for any loss or damage thereto, fair wear and tear attributable to ordinary use excepted, but he shall not be responsible for any loss attributable to the employer's failure to provide adequate lock-up facilities.

(9) Safety Footwear— (a) Each employee shall be issued free of charge

with two pairs of safety footwear during each year of service.

(b) An employee who requires more than two pairs of safety footwear in any year may purchase such additional footwear at cost price to the employer.

(c) Safety footwear shall be worn in work areas at all times.

(10) An electrical fitter or installer who is required to carry out work as a linesman on poles and above the ground shall be paid an allowance of $2.50 per day on which he is so employed.

(11) Height money. An employee shall be paid an allowance of $1.25

per day on which he works at the height of 15.5 metres or more above the nearest horizontal plane, but this provision does not apply to linesmen, nor to riggers and splicers.

(12) Centre Gudgeon Work on Shovels— (a) Boilermakers engaged on the repair of

centre gudgeon pin casings where the job is performed in situ within the Pit Service area and where the job is preheated shall be paid at the rate of time and one half whilst so engaged. This payment shall be made in addition to the Group 1 disability allowances, and

(b) where that work is performed during overtime hours half time extra will be added to the appropriate overtime rate for each hour worked in addition to Group 1 disability allowances.

(13) Hiab Hoist. An employee, other than a crane operator, required

by the Company to operate a Hiab Hoist, subject to his being the holder of the appropriate certificate shall in addition to any other entitlement, be paid an allowance of $2.50 per week. This allowance shall continue to be paid thereafter as a flat weekly entitlement to the employee unless and until the employee is advised by the Company that he will no longer be required to operate a Hiab Hoist.


(14) An employee required to: (a) use a jack hammer:—

(i) inside the crusher at Finucane Island; (ii) unloading ore cars at the train

unloader; (iii) in the apron feeder and centre chute;

or (b) the ground operator using the vacuum hose

of the ultra vac machine; shall be paid a special allowance, in addition to any other entitlement, of 20c per hour for all time spent in such work.

(15) Pit Dewatering Allowance— (a) A special allowance is payable for employees

engaged in the duties of coupling, uncoupling and carrying out minor repairs to the pipe and associated equipment, in wet and dry conditions, during pit dewatering operations 40c per hour shall be paid to an employee for all hours of a shift, in which he was actually engaged in pit dewatering operations.

(b) Where an employee is required to work inside mine dewatering staging tanks and he has not been engaged on the day or shift in other mine dewatering duties listed in subparagraph (a) of this subclause he shall be paid 40c per hour for all hours of a day or shift in which he was actually engaged in cleaning staging tanks.

(16) Stockpile Dozing. Dozer operators, whilst working on top of

stockpiles, shall be paid 20c per hour for each hour worked, in addition to the rate prescribed in subclause (1) (c) of this clause above.

(17) Trades Assistants or labourers engaged on sandblasting inside the Modernair water cooler at Goldsworthy power house and inside the Goldsworthy crusher mantle shall be paid an additional 30c per hour for each hour so engaged.

(18) Ore Handlers at Finucane Island working in screens, apron feeders, enclosed chutes and centre chutes or ore handling machines will be paid an additional 20c per hour for each hour actually worked in those areas.

(19) Employees engaged on specialised chemical cleaning of t he Trane Centravac chillers at Shay Gap shall be paid an additional 30c per hour for each hour so engaged.

(20) Track maintenance employees who are required to use a heavy pneumatic spike driver or pneumatic sleeper boring machine shall be paid 20c per hour whilst so engaged. This allowance shall be in addition to the group disabilities payable.

(21) A Shovel Operator who is required to operate a shovel in water, where he is unable to see the floor of the mine, shall be paid 15c per hour for each hour so engaged.

(22) Shay Gap crusher employees while screening is being carried out shall be paid 20c per hour for all hours worked.

29.—Payment of Wages. (1) Wages shall be paid fortnightly and shall, if the

employee so requests be paid into a bank account nominated by him but may otherwise, at the employer's option, be paid in cash or by cheque or, if the employee agrees, into a nominated bank account.

(2) At or before the time that an employee receives his wages he shall be issued with a slip showing the gross amount of wages and allowances due to him, all deductions therefrom, the total number of hours

worked by him, including the number of overtime hours and the rate at which that overtime has been paid.

(3) Any error in the compilation of an employee's pay shall, at his request, be adjusted within 48 hours of the time at which he makes that request.

(4) All moneys due to an employee upon the termination of his employment shall be paid to him within one hour of his presenting his final clearance to the pay office unless he presents that clearance less than one hour before the normal time of closing of that office, in which case such moneys shall be paid to him within one hour of the opening of that office on the following day.

(5) The Company will facilitate, where at all possible, and upon request, that an employee proceeding on annual leave, or terminating, be provided with payment as requested.

(6) If an employee advises on his termination form that he requires a cash cheque, up to the value of $200, as part payment of his termination pay the Company will have the cash cheque available when the employee receives his termination pay provided that the cash cheque will only be made available during banking hours.

(7) Subject to the employee requesting, at least 48 hours prior to termination, a record of all moneys due to him on termination will be provided 24 hours prior to termination.

(8) When Christmas Day falls during the week in which wages are normally paid the employer may:—

(a) close off the pay period two days earlier than would otherwise be the case; and

(b) anticipate that all employees would work their normal eight hours on each of those two days and calculate his wages entitlements accordingly for the full pay period.

(c) In such circumstances pay adjustments where relevant will be made on the next normal pay day.

30.—Wages. (1) The minimum rates of wages payable to adult

employees shall be set out in this clause. Per Per

week hour $ $

(2) (a) Metal Trades— Machinist.—1st class 292.80 7.3200 Boilermaker/welder 292.80 7.3200 Fitter and Turner 292.80 7.3200 Fitter 292.80 7.3200 Welder 292.80 7.3200 Panel Beater/Spray

Painter 292.80 7.3200 Mechanical Fitter 292.80 7.3200 Motor Mechanic 292.80 7.3200 Sheet Metal Worker 292.80 7.3200 Fitter—Fuel Injection 295.10 7.3775 H 14- + 0f TO Kp

Equipment—Railway.. 295.10 7.3775 Electrical Assistant 235.50 5.8875 Lube Bay Serviceman 247.20 6.1800 Battery Serviceman 247.20 6.1800 Serviceman Grade II 247.20 6.1800 Serviceman Grade 1 257.80 6.4450 Powerhouse Serviceman. 257.80 6.4450 Rigger—Licensed 267.30 6.6825 Rigger—Licensed for

purpose of Act 281.00 7.0250 Belt Repairer—ap-

pointed as such 284.40 7.1100 Tool and Material

Storeman 241.30 6.0325 Electrical Fitter 292.80 7.3200 Electrical Installer 292.80 7.3200


Per Per Week Hour

Refrigeration Fitter/ * Mechanic

Automotive Electrical Fitter

Industrial Electrician appointed as such

Electrician Special Class. Linesman "C" Class (less

than 3 years experience)

Linesman "B" Class (3-5 years experience)

Linesman "A" Class (Over 5 years experience)

Instrument Maker/ Repairer

T eleconimunications Technician

Radio Serviceman Radio Technician Telephone Serviceman.... Telephone Technician.... Radio Communication

Electronic Tech Dogmah Plant Mechanic

(b) Building Trades— Carpenter and Joiner Painter Plumber Bricklayer

(c) T.W.U. Shay Gap— 5 Heavy Duty Ore and Mullock Trucks—

Up to 50 tonne capacity.. More than 50 tonne up

to 190 tonne More than 190 tonne up

to 250 tonne Q Mack articulated ore

truck Water, Fuel Vehicles and Buses—

Water Truck Driver less than 10 tonnes

Water Truck Driver over 10 tonnes

Machinery Float Operator

Up to 20 seat Bus Driver. More than 20 seat Bus

Driver Shay Gap Bus Driver Driver/Operator Fuel or

Grease Truck Motor Vehicle Drivers—

Up to 2 tonnes More than 2 tonnes, up

to 5 tonnes More than 5 tonnes, up

to 10 tonnes More than 10 tonnes Art. Truck + 10 tonnes..

(d) A.W.U. Track Maintenance Section—

Senior Ganger—Appt. as such

Ganger—Appt. as such ... Machine Operator up to

50 blip Machine Operator over

50 bhp Track Labourer Track Labourer over 3

months Pettier

292.80 7.3200

292.80 7.3200

296.70 7.4175 309.80 7.7450

261.60 6.5400

289.30 7.2325

292.80 7.3200

303.20 7.5800

303.20 7.5800 292.80 7.3200 296.70 7.4175 292.80 7.3200 296.70 7.4175

309.80 7.7450 241.30 6.0325 292.80 7.3200

292.80 7.3200 292.80 7.3200 292.80 7.3200 292.80 7.3200

261.60 6.5400

273.20 6.8300

284.40 7.1100

279.90 6.9975

271.10 6.7775

274.90 6.8725

284.40 247.20

261.60 265.60

7.1100 6.1800

6.5400 6.6400

257.80 6.4450

247.20 6.1800

251.00 6.2750

Maintenance

257.80 261.60 274.90

292.80 283.40

6.4450 6.5400 6.8725

7.3200 7.0850

253.30 6.3325

263.70 241.70

249.10 255.70

6.5925 6.0425

6.2275 6.3925

Town and Plant Services— Courier—Appointed as

such Swimming Pool

Attendant Gardener Township Labourer Camp Attendant Cleaner

Laboratory Section— Lab. Sample Prep Lab. Assistant Lab. Technician

Maintenance and Miscellanceous—

Storeman Grade III Stores Assistant Storeman Grade II Storeman Grade I Forklift up to 10 000 lb... Forklift over 10 0001b.

and up to 20 000 lb Forklift over 20 000 lb Tradesman's Assistant.... Lube Bay Serviceman Greaser Brush Hand Crane Chaser/Dogman.... Trackmobile Op Shay Gap Construction

Camp Utility Man Quarry, Crushing, Storage, Loading—

Instrument Hand Chainman O.H.E.O. I O.H.E.O. II O.H.E.O. Ill O.H.E.O. Special (Fin.

Is.) Control Room Op. (Fin.

Is.) Sample Plant Controller

(Fin. Is.) Drill and Blast Section—

Senior Driller Driller Grade I Driller Grade II Driller Grade III Deep Hole Air Trac

Driller Powder Monkey Senior Powder Monkey... Quarry or Plant

Labourer Mine and Plant Sampler. Blast Crewman Explosives Truck Driver.

Tractor, Grader, F.E.L., Scraper, Dozer Operators—

More than 15 bhp up to 50 bhp




More than 500 bhp Grader Operator Mobile Equipment Plant

Operator

247.20 6.1800

257.80 239.40 227.90 235.50 227.90

244.30 259.70 274.90

6.4450 5.9850 5.6975 5.8875 5.9850

6.1075 6.4925 6.8725

234.00 234.00 250.10 261.70 249.00

255.90 262.30 235.50 247.20 234.00 235.50 241.30 251.00

5.8500 5.8500 6.2525 6.5425 6.2250

6.3975 6.5575 5.8875 6.1800 5.8500 5.8875 6.0325 6.2750

257.80 6.4450

245.10 6.1275 237.30 5.9325 259.70 6.4925 243.00 6.0750 235.50 5.8875

280.00 7.0000

274.60 6.8650

251.40 6.2850

289.40 7.2350 279.90 6.9975 257.80 6.4450 249.30 6.2325

257.80 6.4450 255.90 6.3975 279.90 6.9975

235.50 5.8875 235.50 5.8875 239.40 5.9850 265.30 6.6325

249.30 6.2325

259.70 6.4925

263.70 6.5925

279.90 285.40 279.90

6.9975 7.1350 6.9975

289.40 7.2350

24th February, 1982] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

Per Per week hour

$ $ Heavy Duty Ore and Mullock Trucks—

Up to 50 tonnes capacity 261.60 6.5400 More than 50 tonnes up

to 190 tonnes 273.20 6.8300 More than 190 tonnes up

to 250 tonnes 284.40 7.1100 Q Mack Articulated Ore

Truck 279.90 6.9975 Water, Fuel Vehicles and Buses—

Water Truck Driver less than 10 tonnes 271.10 6.7775

Water Truck Driver over 10 tonnes 274.90 6.8725

Machinery Float Operator 284.40 7.1100

Up to 20 seat Bus Driver. 247.20 6.1800 More than 20 seat Bus

Driver 261.60 6.5400 Motor Vehicle Drivers—

Up to 2 tonnes 247.20 6.1800 More than 2 tonnes up to

5 tonnes 251.00 6.2750 More than 5 tonnes up to

10 tonnes 257.80 6.4450 More than 10 tonnes 261.60 6.5400 Art. Truck Driver + 10

tonnes 274.90 6.8725

Per cent age

Under 16 years of age 50 16 and under 17 years of age 70 17 and under 18 years of age 90

Apprentices— An apprentice shall be paid a percentage of

the appropriate tradesman's rate (i.e. $292.80) in accordance with the following scales:—

5 Year Term— o- <0 $ $ 1st year 45 131.80 3.2950 2nd Year 55 161.00 4.0250 3rd Year 65 190.30 4.7575 4th Year 85 248.90 6.2225 5th Year 95 278.20 6.9550

4 Year Term— 1st Year 50 146.40 3.6600 2nd Year 65 190.30 4.7575 3rd Year 85 248.90 6.2225 4th Year 95 278.20 6.9550

3' 2 Year Term— 1st Six Months 50 146.40 3.6600 Next Year 65 190.30 4.7575 Next Year Following.. 85 248.90 6.2225 Final Year 95 278.20 6.9550

3 Year Term— 1st Year 60 175.70 4.3925 2nd Year 85 248.90 6.2225 3rd Year 95 278.20 6.9550

(e) F.E.D.F.U.

Shovel Section— Greasers and Trainee

Operators 239.40 5.9850 Greaser Qual. and Appt.

to Shovel Crew 257.80 6.4450 Shovel Driver up to 7

cub. yds 279.90 6.9975 Shovel Driver more than

7 cub. yds. up to 14'A cub. yds 290.40 7.2600

Crane Drivers— Restricted Ticket 255.90 6.3975 Unrestricted Ticket 291.00 7.2750 Dogman Crane/Chaser.... 241.30 6.0325

Power Stations— Greaser 239.40 5.9850 Greaser—Qual. as P/H

Engine Driver, not Appt. as such 257.80 6.4450

Trainee P/H Engine Driver 245.10 6.1275

Engine Driver 291.00 7.2750 Locomotive Crew Section—

Observer 261.60 6.5400 Observer/Shunter 292.80 7.3200 Observer/Shunter/

Instructor 295.70 7.3925 Observer Qual. as Driver

but not Appt 295.70 7.3925 Loco Engine Driver 304.40 7.6100 Driver Instructor 314.00 7.8500

Junior Employees— The minimum rate of wages payable to

junior employees shall be the following percentage of adult commencing rate for the classifications in which the employee is employed

(f) Experienced Tradesmen's Allowance— Tradesmen employed in classifications listed in paragraph (iii) of this subclause shall:—

(i) After 12 months continuous service be paid an all purpose rate of $4.25 per week.

(ii) After two years continuous service an extra all purpose rate of $3.75 per week, to total $8.00 per week.

(iii) Painters, Carpenters, Plumbers, Bricklayers, Boilermaker/Welders, Fitter and Turners, Fitters, Refrigeration Fitter/Mechanics, Welders, Panel Beaters and/or Spray/Painters, Mechanical Fitters, Motor Mechanics, Machinist 1st Class, Electrical Fitters, Electrical Installers, Automotive Electrical Fitters, Sheet Metal Workers, Fitters-Fuel Injection—Appointed as such, Brake Equipment Fitters— Railway, Instrument Makers and/or Repairers, Radio and Telephone Technicians and Servicemen, Electricians Special Class—Appointed as such, Industrial Electrician—Appointed as such, Radio Communications Electronic Technician, Linesman, Telecommunications Technician, and Plant Mechanics.

(g) Tool Allowance— (i) Tradesmen employed in

classifications listed in subparagraph (ii) of this paragraph shall be paid an all purpose rate of $5.00 per week.


(ii) Painters, Carpenters, Plumbers, Bricklayers, Boilermaker/Welder, Fitter and Turners, Fitters, Refrigeration Fitter/Mechanics, Welders, Panel Beaters and/or Spray Painters, Mechanical Fitters, Motor Mechanics, Machinist 1st Class, Electrical Fitters, electrical Installers, Automotive Electrical Fitters, Sheet Metal Workers, Fitters—Fuel Injection—Ap- pointed as such, Brake Equipment Fitters—Railway, Instrument Makers and/or Repairers, Radio and Telephone Technicians, Electricians Special Class— Appointed as such, Industrial Electrician—Appointed as such, Linesmen and Radio, Telephone Servicemen, Telecommunications Tech., Radio Communications Elect. Tech. and Plant Mechanics.

(iii) This allowance shall not be paid where the employer supplies the employee with all necessary tools.

(iv) An employee in receipt of this allowance shall provide himself with all basic and appropriate tools, kept in suitable condition, for the performance of his work.

(v) An employee who fails to supply himself with all basic and appropriate tools shall not be entitled to this allowance until he complies with sub-paragraph (iv).

(vi) The previous practice of the employer replacing wornout and stolen tools shall be replaced by this subparagraph.

(h) Running Shed Allowance—Tradesmen and their Assistants engaged on trip maintenance work when employed on maintenance and repair work on diesel electric locomotive engines (other than work performed at a work bench) shall be paid an all purpose allowance of $11.50 per week for the life of the Award.

Note: This payment is in lieu of all special rates and disabilities as other wise payable under this Award.

(i) Leading Hands—In addition to the appropriate rate prescribed in subclause (2), paragraphs (a), (b), (c), (d) and (e) of this Clause a leading hand shall be paid.

Per

week

$ (i) If placed in charge of not

less than 2 and not more than 5 other employees, 9.40

(ii) If placed in charge of more than 5 and not more than 10 other employees, 12.80

(iii) If placed in charge of more than 10 and not more than 20 other employees 18.60

(iv) If placed in charge of more than 20 other employees 22.30

(j) Training Allowance (Mobile Plant Operators)—A Mobile Plant Operator/ Driver who is appointed to train Heavy Mobile Equipment Operators/Drivers (i.e.

dozer, front end loader, scraper, grader, forklift and ore and mullock truck) shall for the time spent in such training, be paid a margin of $8.00 per week in addition to the appropriate wage for his classification.

(k) A Shift Tradesman (as defined) shall be paid a margin of $8.00 per week in addition to the appropriate wage for his classification.

(1) Plumbers Registration Allowance—A registered plumber will be entitled to an all purpose allowance of $10.70 per week.

(m) Electricians Licence Allowance— (i) An Electrical Fitter or an Electrical

Installer or other Electrical Tradesmen as the case may be who has successfully completed his apprenticeship and who has obtained by examination and continues to possess a current State Energy Commission of W.A. "licence" of not less than B class standard shall, in addition to the wage prescribed by subclause (2) (b) of this Clause, be paid an allowance of $8.20 per week.

(ii) The allowance specified herein shall not compound by overtime penalty rate or weekend/holiday shift premium addition.

(o) P.H.E.D. In Charge Allowance—An all purpose allowance of $8.00 per week shall be paid to Powerhouse Engine Drivers in charge.

(p) Single Operative Power House Allowance—In a powerhouse manned by one Powerhouse Engine Driver, that employee, in addition to his normal classification shall be paid an additional $3.00 per week all purpose rate. In a powerhouse which is normally manned by more than one engine driver, on any occasion when it is manned by one driver, he shall be entitled to claim 7.5 cents in addition to his normal hourly rate whilst so engaged.

(q) Ticketed Operators Allowance—An employee:—

(i) who is either a ticketed Shovel Operator, or Unrestricted Certificated Crane Operator, or Locomotive Driver, or Power Station Engine Driver, and has been operating equipment which requires one of the above certificates, and

(ii) is prepared to continue with the normal training procedure, and

(iii) is available subject to the provision of Clause 7 (10) (b) to work on any job for which he has been trained, and

(iv) in his Department, is available to be trained in work, subject to the provisions of Clause 7 (10) (b) which may be currently outside his range of skills,

will in recognition of the foregoing be paid a ticketed operator's allowance of:—

(aa) after 12 months continuous service in that classification an all purpose rate of $4.25 per week,

24th February, 1982] WESTERN AUSTRALIAN INDUSTR1AL GAZETTE. 237

(bb) after two years continuous service in that classification an all purpose rate of a further $3.75 per week to total $8.00 per week.

(3) The wage rate shall be varied in accordance with decisions of the Western Australian Industrial Commission in respect to cost of living or similar hearings which result in a General order being issued.

(4) Classification of Equipment. (a) Drill Crews—

Grade 1—Bucyrus Erie 60R Operator. Grade 2—60R Oiler, capable of operating,

but not appointed as such, to relieve Driller in his absence, Deep Hole Airtrac Drill Operator.

Grade 3—Crawl I.R. Operators, Travel Drill Operators, Airtrac Drill (non Deep Hole) Operators.

(b) Ore Handling Equipment Operators— Grade 1—Crusher and Trainloader

Operator, Shiploader Operator, Stacker Reclaimer Operator.

Grade 2—Train Unloader, Screen Plant Operator, Bucket Wheel Reclaimer Operator, Sample Plant Operator, Boom Stacker Operator, Primary Stacker Operator.

Grade 3—Plant Labourer. (5) Construction Allowance—An all purpose

disabilities allowance of $4.60 per week shall be paid to employees when employed on construction work. This allowance shall not apply to employees employed in a shop.

31.—Posting of Notices. (1) The employer shall keep a copy of this Award

posted in a place where it may readily and conveniently be seen by the employees to whom it applies.

(2) The employer shall provide glass fronted notice boards at suitable locations for the posting of union notices, and may remove any notice which is not signed by an official of any union party to this Award or by a Shop Steward of any such Union.

32.—Redundancy of Employees. (1) (a) The Company will make every effort to

avoid the need of having to make employees redundant.

(b) The circumstances where the Company cannot make alternative arrangements and becomes obliged to declare employees redundant to its then current needs and circumstances, the provisions of this clause shall apply.

(2) (a) For the purpose of and subject to other provisions of this clause "redundancy" in respect of an employee shall be defined as the termination of an employee for reasons other than shown in the Contract of Employment and it shall include the termination of employees for reason of, or arising out of, technological change, takeover, merger, or re- organisation of work and/or production, or a closure of the Company.

(b) Subject to agreement with the Union(s) concerned, employees may also be declared redundant as a result of illness or injury, and receive the benefits of this clause.

(3) (a) Before an employee is retrenched by reasons of redundancy the Company will give written notice of that intention to the State Secretary and Site Convenor of the Union(s) concerned. The Company will endeavour to give as much notice as practicable but in any event not less than six weeks.

(b) Any such notification shall state the reasons for the intended action, the numbers and classifications of the employees likely to be involved, the proposed

order of terminations if this be appropriate to the circumstances, and (if possible at that time) the names of the employees concerned.

(c) Following such a notification, the Company will make efforts to find alternative employment within the scope of the employee's present occupation for those employees likely to become redundant.

(4) (a) The Company will, after considering volunteers, advise those employees in writing who are to be made redundant.

(b) Following such notice each employee concerned will continue on his present duties or, as may be deemed appropriate, will be allocated other duties without reduction of wages until either other alternative (including external to the Company) employment is found, or any subsequent final notice of termination is issued and has expired.

(c) (i) Time off work with payment of ordinary wages will only be granted to any such employee for the purpose of attending an employment interview on site or Port Hedland with representatives of other employers.

(ii) Time off work without payment of wages will be allowed to a maximum of five days to any employee wishing to attend employment interviews with another employer away from site.

(5) (a) In selecting employees to be relocated or made redundant, the following factors will be included in considerations by the Company.

(b) The individuals: (i) who wish to volunteer;

(ii) length of service with the Company; (iii) domestic and other compassionate factors; (iv) qualifications and other experience; (v) suitability for other employment;

(vi) attendance record; (vii) availability of housing or other

accommodation. (6) When it is necessary to transfer employees from

one site to another because of reduced workforce requirements and it is not possible to get volunteers, then discussions will be held with the Convenors of the Unions concerned to determine who will be transferred.

(7) Any employee in the classification concerned by notice from the Company who is then above retiring age (i.e. 65 years for males and 60 years for females) will be terminated pursuant to this clause before any other employee of the same classification is terminated.

(8) Subject to Clause 7 subclause (10) an employee will not be eligible for the benefits of this clause if he is offered, but fails to accept other suitable employment within the Company, but need not be in his current classification, provided that any employee may accept any classification where work is offered.

(9) An employee dismissed by the Company for reasons of misconduct during the period occurring after the Company has notified the Union(s) concerned, as in subclause (3) of this clause, shall not be entitled to the benefits of this clause. Any dispute shall be determined by the W.A. Industrial Commission.

(10) Any employee to be made redundant will be given four weeks notice of termination. However, subject to notice the employee may elect to terminate at any time during the notice period and the following benefits will also apply:

(a) 160 hours of pay; plus (b) 40 hours of pay plus service pay for each

completed year of service; and (c) all pro rata payments due to the employee

under this Award in respect of termination; plus

238 WESTERN AUSTRALIAN INDUSTRIAL (iAZETTH. [24 th February, 1982

(d) payment of pro rata Long Service Leave, provided the employee has completed 12 months continuous service; and

(e) notwithstanding the provisions of Clause 19 of Agreement 34 of 1977, an employee declared redundant will be paid for any unused sick leave standing to his credit which has accrued since 1st October; 1977.

(f) (i) In the event of notification of closure of the Company being given, employees may elect to cancel annual leave arrangements and notwithstanding the provisions of Clause 17, annual leave will continue to accrue; or

(ii) If a notification of redundancy is given, employees may elect not to take previously arranged annual leave and will continue to accrue leave, notwithstanding the provisions of Clause 17. When the redundancies have been effected employees remaining will then be required to once again observe the provisions of Clause 17.

(g) Payment of withdrawal benefits of any superannuation or pension fund which is applicable; and

(h) any employee who has been made redundant pursuant to this clause shall be provided with the value of a tourist class airfare, either to his original point of engagement in Australia or to the new place of employment in Australia, whichever is applicable, for himself, his wife and dependant children between three and 18 years of age, and full time student children (who are normally resident on site).

An employee is not entitled to the benefits of this paragraph nor of paragraph (10) (j), both as an employee and as the wife of an employee.

(i) Notwithstanding the provisions of Clause 17, an employee who has been declared redundant may in lieu of subclause (10) (h) of this clause claim holiday travel assistance up to the total amount then standing to his credit for himself and eligible dependants.

(j) The Company will arrange for the transportation of employees' personal effects including tools, but excluding boats, vehicles, caravans, sheds, garages, and the like, to the location applicable in subclause (10) (h).

Married employees who wish to transport their own personal effects will receive $600 and single employees $300.

The provisions of this subclause do not apply in cases where the new employer accepts this responsibility.

(11) In the event of the introduction of any technological change which would render any employee redundant, those employees would be offered re-training to enable them to be retained.

(12) In the event of total closure or temporary shutdown of the Company's operations the Company agrees that the matter of tenancy of Company accommodation after the date of cessation will be discussed.

33.—Workers' Compensation. (1) An employee who, by temporary incapacity

from his employment under this Award and who is entitled to weekly workers' compensation benefit for that incapacity shall be paid within the meaning of "weekly earnings" the rate of wage for forty hours prescribed by Clause 30 of this Award excluding any payment by way of shift allowance, weekend or holiday shift premium, disability and/or special rates.

(2) An employee who maintains entitlement pursuant to subclause (1) hereof shall, for any such period of time, also be paid for each week of incapacity, the service payments prescribed by Clause 27 of this Award.

(3) Providing an employee is resident within the area of entitlement to District Allowance, as defined in Clause 26 of this Award, he shall be paid in addition to the entitlements listed in this Clause, for each week of incapacity, the amount of the allowance prescribed in Clause 26.

(4) Subject to the claim for Workers' Compensation being approved by the insurers the claimant will receive his compensation as per subclause (1) and (2) above on his regular pay day.

(5) Subject to a claim for Workers' Compensation being completed by the employee, the Company will, in those cases where it has recommended payment of the claim, advance an amount equal to the base 40 hour wage of the employee, payable on the employee's regular pay day for absences of one full week or more.

Any such money advanced by the Company may be recovered by the Company in the event of the claims being rejected by the insurers and such recovery may be made by deductions from the employee's wages.

34.—Accommodation and Messing Charges. The charges for rental and board and lodgings will

be varied in the following manner and at the same time as the wages.

(i) By the same percentage as the variation to the wage rates when a percentage is granted.

(ii) When other than a percentage is granted then by the percentage movement in the highest rate of pay.

35.—Apprentices. (1) Apprentices may be taken to instrument

making and/or repairing, radio servicing, electrical fitting, fitting and/or turning, electrical installing, first-class machining, first class welding, boilermaking, motor mechanics, refrigeration fitting, automotive electrical fitting, plant mechanic, in the proportion of one apprentice to every two or fraction of two tradesmen; provided that the fraction shall not be less than one.

(2) Except as hereinafter provided, every agreement of apprenticeship shall be for a period of—

(a) five years, unless with the approval of the Commission that period is reduced or deemed to have been commenced prior to that date of Agreement. Provided that—

(i) where the apprentice has completed the tenth year of schooling and has obtained the Achievement Certificate, High School Certificate or Junior Certificate of the Public Examination Board in such subjects and at such levels 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 Achievement Certificate, High School Certificate or Junior Certificate of the Public Examinations Board in such subjects and at such levels 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

24th February, 1982] WESTERN AUSTRALIAN IN DUSTRIA L G AZETTE. 239

(iii) where the apprentice has completed the twelfth year of schooling and has obtained the Achievement Certificate, High School Certificate or Leaving Certificate of the Public Examinations Board in such subjects and at such levels 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 years.

(3) (a) The Company shall provide tools for apprentices as they progress through their period of apprenticeship, and such tools will become the property of the apprentice upon successful completion of his apprenticeship.

(b) The employer will not be responsible for the replacement of lost or stolen tools or tools damaged through misuse or negligence.

(c) Apprentices in their final year of apprenticeship shall receive 75 per cent of the appropriate tool allowance, provided that the apprentice has successfully completed his/her indenture.

This provision shall apply to the first group of apprentices who commence their final year on or after the 1st January, 1982.

(4) A person who has satisfactorily completed an approved pre-apprenticeship course conducted by the Technical Education Division of the Education Department may be indentured as an apprentice under this Award on a three year term apprenticeship.

(5) Subject to the foregoing provisions of this clause, the provisions of the Apprenticeship Regulations made under the Industrial Arbitration Act, 1979, and in force at the date of this Award, are hereby incorporated in and form part of this Award.

(6) An apprentice shall be paid a percentage of the appropriate Tradesman's rate in accordance with the following scales:

Five-Year Term— % 1st Year 45 2nd Year 55 3rd Year 65 4th Year 85 5th Year 95

Four-Year Term— 1st Year 50 2nd Year 65 3rd Year 85 4th Year 95

Three-and-One-Half-Year Term— 1st 6 months 50 Next Year 65 Next Year Following 85 Final Year 95

Three-Year Term— 1st Year 60 2nd Year 85 3rd Year 95

36.—Utilisation of Contractors. (1) (a) As a pre-condition to work to be done on

site that is let by the Company to a Contractor, the employees of any such Contractor will be required to be or become members of an appropriate union, prior to their commencing such employment on site.

(b) An "appropriate union" as referred to in this subclause shall not, where it is proper to so interpret, necessarily only mean a union who is party to this Award.

(2) (a) Where it is necessary for the Company to retain the services of a Contractor to perform work that would otherwise be or is normal to be performed by employees covered by this Award, the Company will give prior notice of the fact to the Union concerned.

(b) In the event of Contractors being utilised for a period in excess of two weeks, the Company will provide the Union with a list each fortnight of the employees.

(i) In the first instance so employed as per subclause 2(a); and

(ii) Subsequent variations thereto. (c) No employee employed by the Company will

suffer any detrimental effect in respect of his normal earnings, job security or available reasonable hours of work by reason of the employment of Contractors' employees in such circumstances.

(d) There will be no retrenchment of Company employees because of the employment of Contractors.

(e) The provisions of the subclause shall not act in a manner prejudiced to the Company's operations in the event of an emergency circumstance arising, e.g. railway wash away or substantial mechanical failure to plant or equipment beyond the normal and immediate manning resources of the Company, nor shall it refer to major construction projects.

(3) Contractors will generally be employed for major construction, modification and project work.

Normal in-plant routine maintenance is best done by the employees of the Company having an intimate knowledge of operations and its requirements. Contractors may however, be necessary from time to time to perform some of such work in order to meet surges in requirements which arise from peculiar or special circumstances.

(4) Shop Stewards credentialled to the Company by the Union party to this Award may not absent themselves from duty for the purpose of attending matters on behalf of a Contractor's employee.

37.—Cyclone Shutdown. (1) Notwithstanding the provisions of Clause 7 and

subject to the provisions of this clause the following shall apply when, because of a cyclone, the employer stands down employees employed under this award—

(2) Each employee who: (a) At the commencement of the cyclone period

reports for and remains at work until otherwise directed by the employer; and

(b) Following the "all clear" resumes duty in accordance with the direction of the employer, shall be paid for his normal rostered ordinary time hours, including twenty-first shift, but excluding overtime hours occurring during the stand down.

(c) Notwithstanding the provisions of this subclause an employee who prior to the stand down due to a cyclone has commenced an overtime shift shall be paid what he would have earned on that shift but for the stand down.

(3) An employee who, on any day during the cyclone stand down:—

(a) is required for work and is requested to do so by his employer; and

(b) is not willing or available to work when so requested, apart from cases of obvious personal hardship, is not entitled to payment for that day.

(4) An employee who is required to remain at work or who is called out to work during a red alert, as a result of a cyclone, shall be paid double his normal


single hourly rate for each hour worked, except where this Award provides for a higher rate, and in addition he shall be paid $25 for each eight hours he remains at work during that red alert.

(5) After the "all dear" has been given in accordance with the local cyclone procedures, employees who would have normally been on duty are required to resume immediately and all others are required to resume on their next rostered shift, unless the Company notifies them otherwise. Any employee who does not attend as required is, in respect of that day, only entitled to payment for the time worked by him/her unless prevented from doing so due to obvious personal hardship.

(6) Where on the day following the resumption of normal operations or on any subsequent day, an employee cannot, because of damage caused to the operations by the cyclone, be usefully employed, the Company may stand.the employee down without pay.

(7) Any dispute arising under this subclause may be referred to the Commission for determination.

Part II.—Railway Traffic Operations. Arrangement.

1. Application of Part I provisions. 2. Replacement of conditions. 3. Shift work and shift rosters. 4. Hours. 5. Allowances. 6. Definitions. 7. General Conditions. 8. Overtime. 9. Distant Work.

10. Exclusion of Part I Provisions. 1. Application of Part I Provisions—

(a) Unless otherwise excluded by this part, the provisions of Part 1 of this Award shall apply to employees employed as locomotive crewmen.

(b) Employees employed as locomotive crewmen and who work to a roster which, except for breakdowns or other circumstances beyond the control of the employer, is worked without interruption seven days per week, for the purpose of this Award shall be deemed to be continuous shift employees. The provisions of Part 1, unless otherwise specified herein, shall be applied accordingly.

2. Replacement of Conditions. All former arrangements and Awards which have

otherwise existed and applied to employees covered by this part are superseded and replaced by the provisions of Part I and II of this award unless otherwise specifically agreed in writing between the union and the Company.

3. Shift Work and Shift Rosters— (a) (i) For the purpose of drawing up a roster,

the company recognises a roster committee, which comprises two or more company representatives and two or more union representatives, elected by the members of the locomotive train crew section.

(ii) The roster as agreed between the company and the roster committee shall be posted on the notice board and a copy of any such roster shall be supplied to the members of the roster committee, the branch secretary and the state secretary of the union and all rail crew members.

(iii) (aa) The trial roster will be reviewed after an agreed trial period and accepted as a permanent roster or altered.

(bb) No crew member shall be paid less than 10 ordinary shifts in any fortnight during (he changeover to the next roster or during the first fortnight after the changeover, providing he is ready, willing and available to work in accordance with the rosters.

(iv) Should the parties fail to reach agreement on the detail of any shift roster, the old roster shall continue to apply until agreement can be reached.

(b) There shall not be more than one sign-on in any one day, except where the agreed roster nominates otherwise, without overtime rates applying for the whole of the time worked on that second shift.

(c) (i) The roster will stand except in emergencies, as agreed after consultation with the roster committee because of circumstances beyond the control of the company.

(ii) Employees by mutual consent in writing may exchange their rostered shifts on the roster.

(iii) Where practical crews will rotate from the top to the bottom of the roster and where practical, the roster shall rotate day-afternoon-night.

(iv) Unless an employee who is absent on any day for which he was rostered to work, reports as soon as possible and in any event not later than four hours prior to the commencement of his next rostered sign-on time, he will be deemed to have forfeited that shift, unless the Railway Superintendent considers he can usefully be employed.

(v) A rostered day off shall be a period of 24 hours from the sign-off time of his previous shift.

(vi) All rail crew employees will be covered by a roster. Any employee who is not covered by a roster shall be paid overtime rates until such time as he is placed on a roster.

(vii) Notwithstanding the provisions of subclause (vi) any new employee shall not be required to be placed on a roster or be paid overtime rates for ordinary hours worked, for the first 28 days of his employment.

(viii) Any employee who goes from one roster to another for relief purposes, shall be paid not less than the average number of shifts on his roster.

(d) (i) Employees employed under this part shall be paid the shift allowance specified in Part I Clause 13 subclause (6) (a).

(ii) The foregoing addition to the wage rate shall not compound by penalty rate or shift premium addition, nor be payable in respect of time not actually worked but for which other provisions of this Award entitle the employee to payment of ordinary wages.

(iii) "Afternoon Shift" means a shift starting not earlier than midday and prior to 8 p.m., and "Night Shift" means a shift starting at or after 8 p.m. and prior to 6 a.m.

(e) Where a shift commences at or after 11 p.m. on any day the whole of the shift shall, for the purposes of this award, be deemed to have been worked on the following day.


(f) If an employee employed under this part is transferring from one shift to another and, within 48 hours of being notified in writing of the transfer, works on the shift to which he has been transferred, he shall be paid at overtime rates for all time worked on that shift during that 48 hours.

Notwithstanding the above, the employer will endeavour to give the employee one weeks notice where possible.

(g) Lay Backs and Brought Forwards— • (i) Any locomotive crew may be laid

back not more than two hours from his rostered start, such time to be paid at single time rate, but on Public Holidays, Saturdays, Sundays and overtime shifts such time shall be paid at double time.

(ii) Any locomotive crew may be brought ahead no more than two hours from his rostered start time, such time to be paid at double time rates, but shall be double and one half on Saturdays, Sundays, Public Holidays and overtime shifts.

(iii) Two hours notice shall be given in the case of lay backs and not more than one hour or such period of time as agreed upon by the employee and employer in the event of being brought forward.

(iv) No crew may be laid back or brought forward more than once on any shift.

(v) Any locomotive crew member who has been laid back or brought ahead on two consecutive occasions may refuse consecutive lay backs or brought forwards and shall suffer no penalties but report for work at his rostered starting time.

(vi) Lay backs and brought forwards shall not count for the purpose _ of computing time worked and the eight ordinary hours of work shall commence from the sign-on time.

(vii) The normal work of a locomotive crew will be expected to be carried out during a lay back or brought forward, normal work includes shunting of workshops and/or surrounds.

(viii) When an employee has been laid back, and as a result works into his rostered day off, he shall be paid at the rate of double time for any time worked after his original rostered sign-off time.

4. Hours— (a) The ordinary hours of work—

(i) shall be 80 hours per fortnight; (ii) shall be worked in shifts of eight

hours, as designated by the roster, (b) Meal breaks and smoko

The trip allowance is paid in compensation for the continuous running of trains through meal breaks and smoko.

(c) An employee who does not qualify for a "Trip" allowance shall be entitled to the prescribed meal breaks and/or smokos, as laid down in Part I of these provisions.

(d) Where voluntary overtime shifts are shown on the roster all other shifts not being penalty shifts shall be prescribed as the ordinary shifts for that fortnight.

5. Allowances— (a) Hostling—Locomotive drivers and observers

who are required to hostle locomotives for running shall be paid 30c for all hours worked.

(b) Trip—Locomotive crews who are required to work a trip as defined shall, for each day or shift, be entitled to claim:

Drivers $20.00 Observers $17.50

(c) Yard—Locomotive crews who are required to carry out duties from which they cannot qualify for a trip allowance shall for each day or shift be entitled to claim $7.00.

(d) The abovementioned Hostling allowance will be in lieu of any entitlements due under Special Rates and Provisions, Clause 28 of Part I.

6. Definitions— A "Trip" is a mainline journey of an empty or

loaded train, which must travel a minimum distance of 12 miles and will be of a maximum length of 70 cars and the locomotive.

Such a trip includes the loading and unloading operations and the necessary train preparations associated therewith.

"Yard duties" refers to all necessary train operations associated within Goldsworthy and Finucane Island Yards, which includes; shunting, loading, unloading, preparation of locomotives, preparation of trains and mainline running not exceeding 12 miles.

"Home Depot"—Rail crews shall have a sign-on point, such sign-on point to be known as their Home Depot.

"Fortnight" means the two-weekly pay periods. "Observer" means an employee qualified to work

on a locomotive. "Qualification"—Observers. No person shall be

employed as an observer until such time as he has been given a course of instruction and has passed a safe working examination, as agreed upon by the employer and the union.

"Observer—Qualified" means an employee qualified as a driver, but not appointed as such.

"Observer Shunter" means an observer, qualified to observe on a locomotive, who has been trained and does perform shunting duties on the Shay Gap-Goldsworthy- Finucane Island railway system.

"The Roster" means the main roster for those periods showing a daily "time on" and which indicates days off in a permanent situation, but does not include the Relief Roster.

"Relief Roster" means a roster to provide relief for annual leave, sickness and other sbsences for those on the Roster. Crews on the Relief Roster when not engaged on relief duties will be utilised as required and will share the available work with crews on the Roster.

7. General Conditions— (a) When a crew or member of a crew has

qualified for a trip allowance, it does not preclude the company from utilising such crew on other duties, for the remainder of the shift.

(b) Any rail crew required to sign-on outside their home depot, shall be paid travelling time. Travelling time to be added to hours worked for the purpose of calculating overtime.

242 WESTERN'AUSTRALIAN INDUSTRIAL GAZETTE. [24thFebruary, 1982

(c) No rail crew shall work through their home depot with eight and one half hours or more on duty.

(d) A locomotive crew member may be permanently or temporarily transferred from one home depot to another. Temporary transfers will be made generally by single employees and volunteers will be asked for. However the Company reserves the right to transfer the most junior employee by the giving of one week's notice.

8. Overtime—

(a) (i) Subject to the provisions of subparagraph (ii) of this subclause and subclause (g), Lay Backs and Brought Forwards, of Clause 3 of Part II, all time worked in excess of ordinary hours of work prescribed in Clause 4, Hours, of Part II, or on a shift other than a rostered shift, shall be paid for at the rate of double time.

(ii) Time worked in excess of the ordinary hours of work shall be paid for at ordinary hours if it is due to private arrangements between the employees themselves.

(b) (i) Where a crew member is offered and undertakes to work overtime for a specified shift, he shall work in accordance with his undertaking unless prevented from doing so by illness, accident or injury.

(ii) Where an employee agrees to work a voluntary overtime shift and defaults, normal penalties shall apply.

(iii) When an employee falls sick after agreeing to work his voluntary overtime day, each case will be treated on its merits. However the Company reserves the right to review this clause if the incidence of illness or injury on overtime shifts increases noticeably.

(iv) By agreement between the employee and his supervisor, the specified period of overtime may be shortened.

(c) The following conditions apply with respect to the working of voluntary overtime—

(i) When a voluntary overtime crew and a rostered crew have the same sign-on time, preference for a "Trip" will be given to the rostered crew.

(ii) The onus to notify of availability to work an overtime shift is on the employee, and he must give 48 hours prior notice of such availability.

(iii) (aa) Employees who elect to work overtime must do so on a crew basis.

(bb) Where a member of a crew which has signified its availability to work an overtime shift is unable to work because of bona fide sickness or other good and sufficient reason the Company may, if time permits, cancel the offer of overtime by giving 24 hours notice to the remaining crew member. Where the

overtime is not so cancelled and the Company is unable to obtain a replacement for the absent crew member the remaining crew member shall be paid for four hours at the rate of double time,

(cc) Liberty is reserved to apply to amend this provision in the event of the provision not working to the satisfaction of either party.

(d) When overtime work is necessary, it shall where reasonably practicable, be so arranged (unless the roster so provides) that employees have at least 10 consecutive hours off duty between work on successive days.

(e) An employee who by reason of working overtime, has not had at least ten consecutive hours off duty, after the termination of his work on any day, shall not unless specifically directed to do so by his employer, commence his ordinary hours of work on the next day, until he has had 10 consecutive hours off duty.

(f) Where an employee is specifically directed to commence work pursuant to subclause (e) without having had 10 consecutive hours off duty, he shall be paid at overtime rates for the ordinary hours so worked and shall, at the conclusion of such work be given 10 consecutive hours off duty.

(g) Where an employee is given 10 consecutive hours off duty, pursuant to subclause (d) any ordinary hours of work falling during that period, shall be deemed to be time worked at ordinary rates, except where this is brought about due to a quick turnaround on an agreed roster in which case the employee will report for duty after having taken 10 consecutive hours off duty and payment for that day will commence at the sign on time.

(h) (i) An employee who is required to work two hours or more of overtime immediately following the completion of his ordinary hours of work on any day shall in lieu of stopping for a crib break of 30 minutes be paid in addition to the actual hours worked on that day or shift 30 minutes at overtime rates.

(i) Where, pursuant to the provisions of this clause, an employer is required to supply a meal to an employee, free of charge he shall, if he is unable to supply that meal, pay to the employee $5.00 in lieu thereof, but an employee may not elect to take payment in lieu of a meal when the employer is able to supply that meal. Any dispute as to the suitability of meals supplied by the employer pursuant to this paragraph shall be determined by the Commission.

(j) Overtime on shift work shall be calculated on the rates payable for day shift, excluding weekend or shift penalty rates.

(k) This clause does not operate so as to require payment of more than double time and one half on a Public Holiday or double time on any other day.

9. Distant Work— (a) Where an employee is required to proceed to

another place of employment from which he cannot return to his home site each night, he shall be provided with free board and lodging, and shall be transported to his home site each week where possible.

(b) All time spent in travelling by direction of the employer shall be paid for at the appropriate rate.


(c) Wherever possible, and excluding emergency situations, 48 hours notice shall be given to an employee before the commencement of the distant work.

(d) An employee who is required to stay away from his home site, for one night but not more than five consecutive nights, shall be entitled to receive $5.00 for each night away from his home site, providing that this Clause does not apply to employees who are required to remain away from home in accordance with their normal roster.

10. Exclusions of Part I Provisions— (a) Unless otherwise specified in this part, the

provisions of the following clauses in Part I do not apply to employees covered by this part:

Clause 3—Definitions. Clause 9—Junior Employees. Clause 10—Part Time Employees. Clause 11—Hours. Clause 12—Overtime. Clause 13—Shift Work—except

subclause 18. Clause 22—Distant Work. Clause 28—Special Rates and

Provisons. Clause 35—Apprentices.

(b) Where there should be any inconsistency between the provisions of Part I and Part II, the provisions of Part II shall prevail in respect of employees covered by Part II.

Dated this 14th day of January, 1982.

(Sgd.) B. J. COLLIER, [L.S.] Commissioner.

AWARDS—-Variation of-—

BP REFINERY (Kwinana) (F.E.D.F.U.)


INDUSTRIAL COMMISSION. No. 843 of 1981.

Between The Federated Engine Drivers' and Firemen's Union of Workers of Western Australia, Applicant, and BP Oil Refinery (Kwinana) Pty. Ltd., Respondent.

Order. HAVING heard Mr R. A. Keegan on behalf of the applicant and Mr M. H. Taylor 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 BP Refinery (Kwinana) (Federated Engine Drivers' Firemen's Union) Award No. 2 of 1981 be 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 November, 1981.

Dated at Perth this 12th day of January, 1982.

(Sgd.) G. A. JOHNSON, [L.S.] Commissioner.

Schedule. Clause 37.—Wages: Delete (a) and insert in lieu:—

(a) The actual wage to be paid to an adult worker of a classification specified in this clause shall, except as otherwise required elsewhere in this award, be at the rate hereinafter assigned to that classification.

Classification Rate per Week Base 6 mths 2 yrs 3 yrs Over Rate -2 yrs. -3 yrs. -5 yrs. 5 yrs.

$ $ $ $ $ Area Operator 335.10 338.90 342.70 346.80 350.90 Control Operator

Grade 1 320.10 323.80 327.50 331.30 335.20 Control Operator 314.30 317.90 321.60 325.70 329.50 Unit Operator 300.60 304.40 308.20 312.00 315.80 Operator Grade 1 288.30 291.80 295.30 298.80 302.30 Operator 271.40 — — — — Mobile Crane Driver

(Restricted Certificate) 288.40 292.00 295.50 298.90 302.40

Mobile Crane Driver (Unrestricted Certificate) 305.80 309.50 313.20 317.00 320.90

BUILDING TRADES (Government).

Award No. 31A of 1966. BEFORE THE WESTERN AUSTRALIAN


Between Building Trades Association of Unions of Western Australia, (Association of Workers), Applicant and Hon. Minister for Agriculture and Others, Respondents.

Order. HAVING heard Mr. T. G. Butler on behalf of the Applicant and Mr N. R. Whitehead 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 Building Trades (Government) Award No. 31A of 1966 be varied in accordance with the following schedule and subject to its terms, that such variation shall have effect as from the beginning of the first pay period commencing on or after the 1st September, 1981.

Dated at Perth this 11th day of December, 1981.

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

Schedule. 1. Clause 6.—Definitions: Add new subclause

(9)—Special Class Tradesman. (9) Special Class Tradesman means a tradesman

Carpenter and/or Joiner, Bricklayer, Plasterer or Stonemason who is engaged on work of restoration, renovation, preservation, or reconstruction of historical or "National Trust" type buildings, the performance of which required the use of complex, high quality trade skills and experience which are not generally exercised in normal construction work.

For the purpose of this definition complex and high quality trade skills and experience shall be deemed to be acquired by the tradesman:

(a) having had not less than 12 months on-the- iob experience of such skilled work, and

16851—3


(b) having satisfactory completion of a prescribed post trade course, or other approved course, or the achievement of knowledge and competency by other means, including the on-the-job experience in paragraph (a) herein, as will enable the tradesman to perform such work unsupervised where necessary and practical, to t he required standard of workmanship.

For the purpose of this definition, the following are deemed to be prescribed post trade courses and recognised throughout the locality of this Award:

—Diploma in Building (Western Australia)

2. Clause 11.—Wages: Delete subclause (1) and (3) of this clause and insert in lieu thereof:—

11.—Wages. Base Base rate rate per per

week week Column Column

A B $ $

(1) (a) Tradesmen: Bricklayers, stoneworkers, carpenters, joiners, painters, signwriters, glaziers, plasterers and stonemasons as defined in Clause 6 of this Award 197.30 203.60

(b) Special Class Tradesman (as defined) 210.00 216.30

(c) Plumbers holding registration in accordance with the Metropolitan Water Supply, Sewerage and Drainage Act 208.30 214.60

(d) Builders Labourers: (i) Rigger 195.10 201.40

(ii) Drainer 195.10 201.40 (iii) Dogman 195.10 201.40 (iv) Scaffolder 188.30 194.60 (v) Powder Monkey... 188.30 194.60

(vi) Hoist or Winch Driver 188.30 194.60

(vii) Concrete Finisher. 188.30 194.60 (viii) Steelfixer includ-

ing tack welder 188.30 194.60 (ix) Bricklayer's

labourer 180.90 187.20 Plasterer's labourer 180.90 187.20 Assistant Rigger... 180.90 187.20 Demolition Work- ers (after three months' experience) 180.90 187.20 Gear Hand 180.90 187.20 Pile Driver 180.90 187.20 Tackle Hand 180.90 187.20 Jackhammer Hand 180.90 187.20 Mixer Driver (concrete) 180.90 187.20 Steel Erector 180.90 187.20 Aluminium Alloy Structural Erector 180.90 187.20 Gantry Hand or Crane Hand 180.90 187.20 Crane Chaser 180.90 187.20 Concrete Gang Including Con- crete Floater 180.90 187.20

Base Base Rate Rate Per Per

Week Week Column Column

A B $ $

Steel or bar bender to pattern or plan 180.90 187.20 Concrete Form- work Stripper 180.90 187.20

(x) Builder's Labourer employed on work other than specified in classifications (i) to (ix) 166.90 173.20

The rates set out in Column B shall take effect from the beginning of the first pay period to commence on or after the 16th day of November, 1981.

(3) Allowance for Lost Time: Thirteen days sick leave and follow the job (per week):—

A worker who has not completed nine months continuous service with his employer and who is retrenched shall, for each week of continuous employment with that employer, immediately prior to his retrenchment be paid the lost time allowance prescribed hereunder less any payment made to him in respect of sick leave during that employment.

Column Column A B $ $

(a) Bricklayers, stoneworkers, carpenters, joiners, painters, glaziers, signwriters, plasterers, plumbers and stonemasons 18.83 19.44

(b) Special Class Tradesman (as defined) 20.06 20.67

(c) Registered Plumbers 19.82 20.43 (d) Builders'Labourers—

(i) Classifications (i) to (iii) inclusive 18.68 19.29

(ii) Classifications (iv) to (viii) 18.00 18.61

(iii) Classification (ix). 17.31 17.92 (iv) Classification (x).. 16.06 16.67

The rates set out in Column B shall take effect from the beginning of the first pay period to commence on or after the 16th day of November, 1981.

Note 1: In the event of any increase or decrease in the wages and other allowances prescribed in this clause, except the tool allowance, the amounts prescribed in this subclause shall be increased or decreased by an amount equal to 9.7 per cent of that increase or decrease.

3. Clause 14 Subclause (27). Delete this subclause and insert in

lieu thereof:—

(27) Abattoirs: A worker other than a Plumber in receipt of the Plumbing Trade Allowance employed in an abattoir shall be paid an allowance of $6.70 per week unless supplied with overalls in which case the allowance shall be $6.20 per week.


CLERKS (Bailiffs' Employees). Award No. 19 of 1976.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION.

No. 957 of 1981. Between Federated Clerks' Union of Australia,

Industrial Union of Workers, W.A. Branch, Applicant, and The Bailiffs Office, Fremantle and Others, Respondents.

Order. HAVING heard Mr B. J. Finlay on behalf of the applicant and Mrs P. E. Bentley on behalf of respondents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the "Clerks' (Bailiffs' Employees)" Award No. R19 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 26th day of February, 1982.

Dated at Perth this 2nd day of February, 1982.

(Sgd.) G. J. MARTIN, [L.S.] Commissioner.

245

CLERKS (Bailiffs Employees). Award No. 19 of 1976.

CLERKS (Commercial Radio and Television

Broadcasters). Award No. 14C of 1968.

CLERKS (Commercial, Social and Professional

Services). Award No. 14 of 1972.

CLERKS (Credit and Finance Establishments).

Award No. 16 of 1952.

CLERKS (Customs and/or Shipping and/or Forwarding

Agents). Award No. 47 of 1948.

CLERKS (Hotels, Motels and Clubs).


Schedule. Clause 13.—Motor Vehicle Hire: Delete this clause

and insert in lieu:— 13.—Motor Vehicle Hire.

(1) Where an employee is regularly required by his employer to use his own motor vehicle in the course of his duties, he shall be paid an allowance in accordance with the following table on account of all travelling specifically authorized by the employer:—

Motor Vehicles up to and including 25 h.p.—

$46.77 per week plus 7.55 cents per kilometre;

Motor vehicles over 25 h.p.— $54.56 per week plus 9.95 cents per

kilometre. (2) Where, at irregular intervals and by

agreement an employee uses his own motor vehicle in the course of his duties at the employer's request, the employee shall be paid an amount of 22.7 cents per kilometre on each occasion provided that if the vehicle used is of 1600 cc engine capacity or less, the payment shall be 17.9 cents per kilometre.

CLERKS (Taxi Services).

Award No. 14B of 1968.

CLERKS (Timber).


CLERKS (Wholesale and Retail Establishments).



No. 584 of 1981. Between The Federated Clerks' Union of Australia,

Industrial Union of Workers, W.A. Branch, Applicant, and Boans Limited and Others, Respondents.

Before Mr Commissioner G. J. Martin. The 8th day of January, 1982.

Mr B. J. Finlay on behalf of the applicant. Mrs P. E. Bent ley on behalf of respondents.

Reasons for Decision. THE COMMISSIONER: This application seeks to vary the "Clerks' (Wholesale and Retail Establishments)" Award No. 38 of 1947 as varied, consolidated and further varied (28 W.A.I.G. p. 197, the consolidation appearing in 47 W.A.I.G. p. 581) in the following manner—

Add a new clause to the award entitled "Wage Increases" as follows:—

(1) The weekly rate of wage prescribed by this award for each adult worker shall be increased as from the first pay period commencing on or after the 10th day of August, 1981 by an amount calculated in accordance with subclause (3) hereof.

(2) The weekly rate of wage prescribed by this award for each junior worker shall be increased at the same time as adult


wages are increased by that proportion of the increase for adults that the junior workers rate bears to the rate for an adult aged 21 years.

(3) The increase to apply shall be calculated by deducting the weekly prescribed rate for a clerk aged 21 years by the Clerks' (Wholesale and Retail Establishments) Award No. 38 of 1947 from the ordinary weekly pay prescribed by the Shop and Warehouse (Wholesale and Retail Establishments) Award No. 32 of 1976 for a worker employed as a Shop Assistant and/or a Storewoman and who, in the performance of her duties, is engaged in the operation of a power operated overhead traversing hoist throughout the week. (Schedule accompanying notice of application.)

The application was filed in the office of the Registrar of the Commission on the 13th day of August, 1981 and denied wholly by respondents in Notice of Answer and Counter Proposal entered with the office of the Registrar on the 3rd day of September, 1981. By letter dated the 26th day of October, 1981 to the Registrar of the Commission, the applicant requested that the application be listed for hearing.

The matter was allocated to a member of the Commission on the 27th day of October and re- allocated to the Commission as presently constituted on the 11th day of November, 1981.

The application was heard on the 21st day of December, 1981 and the Commission's decision reserved. The application, if successful, would have the following effect, explained in the applicant's own words.

The quantum of the claim, as it stands at the moment on figures which exist at the moment, is that the difference between the base rate of the 21 year old clerk and the base rate of the 21 year old shop assistant/storewoman, is $6.10. That is the first part. Then the allowance we refer to—the allowance to the shop assistant or storewoman for the operation of a power operated overhead traversing hoise, works out on a full time basis to $12.00 a week. That allowance also applies for forklift operation as well—things like that. If you add the $6.10 and the $12.00 together you get $18.10 and that is the value of the claim on the face of it at the moment, but we believe that there are increases to shop assistants and storewomen imminent.

(Transcript notes of proceedings pp. 3 and 4.) Because of that "imminence", the applicant during

the course of proceedings said: We are therefore asking that any increase in

rates that the Commission grants in respect of our claim, now be granted as an interim increase only, on the basis of the existing figures, and that the matter be adjourned to allow the Eastern States situation and the shop assistant's situation in this State to be clarified—be called back on again—and then the rate set having regard for those movements. (Transcript notes of proceedings p. 28/29.)

The reference to the eastern states in the last mentioned quotation, arises from the secondary ground relied upon by the applicant in support of this application, namely that:

Primarily, the application is that the Commission fix a proper alignment with the shop assistants, but we ask for a rider on a secondary basis and a secondary basis only that the 21 year old clerk's rate also be not less than

the average of the 21 year old comparable clerks in the comparable eastern states' awards. (Transcript notes of proceedings p. 5.)

The nature of the contents of the application in its primary form would appear to arise from matter No. 428 of 1981.

In that matter, the applicant in these proceedings sought an order against a large retailer in the manner described hereunder in the reasons for decision of the Commissioner who dealt with that matter on the 6th day of November, 1981.

By this rather quaintly worded claim, the Applicant Union seeks an order directing the Respondent to make overaward payments to clerks employed at its Canning Vale premises equal to "the difference from time to time between the rate paid by the Company to a 21 year old storewoman at Canning Vale operating a pallet lifter/transporter full time, and the rate prescribed by the Clerks' (Wholesale and Retail Establishments) Award for a clerk aged 21 years". Junior workers, it claims, should be paid a proportion of this sum equivalent to the proportion that the juniors' ordinary weekly wage bears to the rate prescribed for a 21 year old clerk. In short, the claim is for an overaward payment so as to equate the remuneration of clerks working at the Respondent's Canning Vale undertaking with that payable to storemen employed by it at Canning Vale. (61 W.A.I.G. p. 2031 at p. 2032.)

The Commission determined that claim by saying: In all the circumstances, I am of the view that

it is inappropriate to deal with this claim other than on an industry basis. The position of these clerks is not unique and it is unrealistic to think that any decision on this occasion will not affect others who are presently not before the Commission. The Applicant indicated during the course of the proceedings that it had, or was about to lodge a claim which "seeks to redress the differentials in the Awards" governing the remuneration of clerks and storemen working in this industry, and in my view, that is the vehicle by which this claim should be pursued. (61 W.A.I.G. p. 2031 at p. 2032.) (Underlining supplied.)

The rates of wages for employees subject to the provisions of the award now under review, were last determined, apart from General Orders of Commissions in Court Session, by the Commission as presently constituted in matter No. 239 of 1980, the decision being delivered on the 14th day of November, 1980. (60 W.A.I.G. p. 2512.)

The reasons for decision in that matter include an history of the applications made by the applicant since 1974 to vary the rates of wages in the award.

It also refers to the fact that since the award has first issued on the 3rd day of June, 1948 by an Industrial Board and until 1974, variations in rates of wages in the award had been effected from time to time by agreement between the parties.

The various applications cited in that decision record the differing grounds upon which the applicant has relied since 1974 in its efforts to increase the rates of wages, and between 1974 and 1981 those grounds have been dictated by the Commissions in Court Sessions Principles of Wage Indexation.

In the present application, bearing in mind the origins alluded to in matter No. 428 of 1981, the applicant has returned to something like the method of fixation last constructed, namely an alignment or relativity with employees engaged in the calling of "shop assistants".


In the determination of the 14th day of November 1980, the Commission said inter alia:

The Commission does not therefore consider that the applicant has made out a case for an increase in the rates of wages prescribed by the award upon the grounds advanced.

The application would therefore be dismissed were it not for the fact that the Commission was informed during the proceedings that the weekly rate of wage for an adult shop assistant was presently $182.40 by virtue of variation No. 123 of 1980 of the 17th day of September to the "Shop and Warehouse (Wholesale and Retail Establishments)" Award No. 32 of 1975 as varied, and operative from the 1st day of October, 1980. (60 W.A.I.G. p. 1554.)

That variation disturbs the decision and order of this Commission in matter No. 123 of 1976 varying this award (56 W.A.I.G. p. 827 at pages 828 and 829), and which the Commission in Court Session in the subsequent appeal proceedings, did not see as untoward or contrary to the wage indexation principles of this Commission.

The comparisons of rates of wages between those two callings as a result of the decision in matter No. 123 of 1976 are as follows:

Shop Assistant Adult per Per

week $ Clerk—Adult

week $

126.10 21 years of age 121.40 22 years of age 123.80 23 years of age 126.10 24 years of age 128.40 25 years of age and over... 130.80 Senior Clerk 134.30

(56 W.A.I.G. p. 829.) To update that determination, requires the

addition of an amount of $8.00 per week to the bench mark clerk, i.e. at 23 years of age, and presently $174.40 per week.

Having done that, it would then be necessary to add $8.00 per week to all other classifications, so maintaining the money differentials established in 1976 by the parties in giving effect to the Commission's bench mark decision. No reasons exist for a variation of those differentials as that would accord to some classifications a greater or lesser increase than $8.00 per week and there is no reason for that whatsoever.

The Commission feels compelled to borrow one of the words of the Commission in Court Session in matters Nos. 629 and others of 1978, to acknowledge the equity of continuing that relationship at least on this occasion and will determine this application in the form of a proposed order to that effect.

Like the Commission in Court Session in matter No. 315 of 1976, the Commission does not agree from its researches that the basis so followed properly reflects the relationship between the two awards concerned, which endured from 1965 to 1973, but as the applicant makes it so clear that it does not wish to be so aligned, the Commission takes the matter no further. (60 W.A.I.G. p. 2512 at p. 2517.)

In the application now before the Commission, the applicant argues that:

(a) The alignment of the rate of wage for a 23 year old clerk with the rate of wage for a 21 year old shop assistant was a wrong alignment;

The correct alignment is with the 21 year old clerk receiving a rate of wage in excess of that prescribed for a 21 year old shop assistant;

(b) That "excess" is to be sufficiently and efficiently measured by reference to the allowances to be found in the Shop Assistants' Award, namely those prescribed for the operation by storemen or storewomen of particular mechanical devices;

(c) The results of those two steps is then to be tested against the arithmetical average of the rates of wages for comparable employees in comparable industries in the States of New South Wales, Queensland, South Australia and Victoria, to ensure that clerical employees in this State do not compare adversely on a comparative wage justice basis.

The applicant traversed some of the history of previous matters recorded in matter No. 259 of 1980 to demonstrate that both of its grounds, primary and secondary, had been regarded as being relevant by the Commission from time to time.

The comparative wage justice argument was supported by exhibits, namely Exhibits 1, 2 and 3.

The arithmetical average of the rates of wages payable in the four mainland eastern states to a clerical employee aged 21 years or of the equivalent grade from Exhibit 2, is $208.73 with the notation that applications for increased rates of wages for such employees are in the process of finalisation in Queensland, South Australia and Victoria. That rate compares with the rate of wage presently prescribed in this State for a clerical employee aged 21 years of $196.10.

The rate claimed by the applicant on its primary argument is $214.20 and that prescribed for an adult shop assistant is $202.70. The particular awards selected in the four eastern mainland states accord with previous selections (see Exhibit 1) and are in the Commission's view, those which embrace the retail and wholesale industries in those States.

The classification selected also appears to properly compare like with like, and the respondent did not take issue with the classifications used in those comparisons.

For the purposes of developing its primary argument, the applicant acknowledged the need to identify the work performed by an average clerical employee. To that end, the Commission was referred to the proceedings and the reasons for decision in matter No. CR427 of 1977—the applicant and Cockburn Cement Ltd.

In that matter, the Commission found that the work performed by employees described by that respondent as "Grade 11"—

is the sort of work contemplated for the average worker (59 W.A.I.G. p. 692 at p. 693),

and that had been the view pressed on behalf of the respondent in that matter—

The employers object to this basis for the new scheme and maintain that the work done by Grade II workers is typical of the average work done by clerks under the award. (59 W.A.I.G. p. 692 at p. 693.)

The award therein referred to was the award now under review and matter No. CR427 of 1977 was concerned with what amounts should be paid by the respondent thereto in excess of the rates of wages payable under the award. (See 59 W.A.I.G. p. 692.)

The work of the employee so classified Grade II is detailed in folios 6 and 7 of Exhibit 4 in these proceedings and is reproduced hereunder.


GRADE II General

Performs routine clerical duties involving the application of dearly prescribed standard practice requiring the use of several procedures. Works with minimum supervision and exercises own initiative; liaises with other departments or suppliers or customers by telephone. May include typing ability. Telephone Operator

Operates a switchboard, records long distrance telephone calls, trains relief switchboard operators, performs routine clerical duties, including control of outgoing mail and stamp float and frequently acts as a receptionist. Calculator Operator

Operates a calculating machine and is mainly engaged in work such as invoice and labour time sheet extension or other cost calculations. Data Entry Operator

Under supervision, key punches and verifies input data from prime documents into a computer input medium (e.g. punched cards, paper or magnetic tape or by direct keyboard input). Controls the ordering and storage of data processing stationery; may deputise as computer operator under supervision when required, spool-down output data from computer and distribute as necessary. Sales Order Clerk

Handles telephoned and mailed orders involving the application of clearly defined standard practice; works under general supervision referring significant cases to supervisor. Typist

Responsible for typing work of a varied nature, filing, and clerical work associated with correspondence. (Includes shorthand typist.)

By submissions, the applicant drew comparisons between the work performed, skills required and responsibility exercised by employees in the respective callings of clerks and shop assistants, with particular reference to females, they being the predominant class of persons in those callings. It ascribed to the clerk a higher degree of pre- employment training, accountability (measured in terms of the effects upon the employer when errors were made), and sustained pressure to meet work deadlines.

The applicant then led evidence from two of its organisers, both of whom had worked in offices in private industry as part of their careers before assuming their present positions.

That evidence was directed towards establishing the general range of work performed by clerks and both persons confirmed that in their view, Exhibit 4, folios 6 and 7 (the work of a Grade II Clerk in matter No. CR427 of 1977), reflected their understanding of the general work of clerks, particularly female clerks. Both persons had also worked as shop assistants and opined that it took more to be a clerk then a shop assistant. One of the witnesses by observation of a storewoman operating mechanical lifting or carry devices such as pallet loaders or carriers, considered that it took more to be a clerk than that such person.

Neither of the witnesses had observed storewomen operating fork lift trucks or overhead traversing cranes, although one had observed males operating such devices.

The respondents contend that the applicant had not fulfilled the task required of it to change the existing relationship between clerks and shop assistants as referred to in, and confirmed in, matter No. 123 of 1976 (56 W.A.I.G. pp. 828 at p. 829), or matter No. 259 of 1980 (60 W.A.I.G. p. 2512).

That task, the respondent submitted, was to show that such a relationship was now unfair.

To recast the existing relativity on a "work value basis" was properly the matter for a new award as suggested by the Commission in matter No. 558 of 1976 (57 W.A.I.G. p. 469 at p. 470), when refusing an application for increased rates of wages, it said inter alia:

Wages: For some 27 years up to 1975, the parties to

the award have been able to reach agreement on rates of pay. Since then, the union has sought to amend the rates of pay on three other occasions and has appealed the decision in each application. A summary of these matters can be seen in the decision concerning the last application in 56 W.A.I.G 827 to which must be added the appeal decision on that application in 56 W.A.I.G. 1475.

Each application has been supported with submissions which seek to justify increases for various reasons and the present application is really a last resort approach in which the union has taken advantage of the various statements made by respective appeal benches in the decisions to which reference has already been made to base its case for further increases:

In essence, the union's case denies the relationship which appears to have been established by consent in 1974 when the 23 year old male clerk was aligned with the adult male shop assistant (54 W.A.I.G. 1024) and says that the proper relationship is equality or better as between the 21 year old clerk and the adult shop assistant. Reference to sex is no longer important since equal pay has been introduced for both shop assistants and clerks. To support this contention, the union points to the relationship existing between shop assistants and clerks in the other States and to the past where in this State, females have enjoyed such a relationship.

There is no doubt that the prime basis for rate relationship of clerks and shop assistants in this State was destroyed by the advent of equal pay (56 W.A.I.G. 1475 at p. 1476). While it may be open to the union to show the relationship created in 1974 was not the proper relationship, there is no disputing the fact that the male shop assistant rate fell more often than not somewhere between the male 22 and 23 year old clerical rates during the period of consent variations (56 W.A.I.G. 827 at p. 828 and 56 W.A.I.G. 1475 at p. 1477). Past practice therefore does little to support the union's claim.

The demonstration of current relationships, in the other States, does nothing to prove or disprove the validity of the statement that the 23 year old alignment is inappropriate and that the 21 year old alignment is appropriate. An examination of the rates applying in the other mainland States, shows a strong consistency in the rates applying to shop assistants ranging from the lowest at $129.39 to the highest at $131.40, while the rates for a 21 year old clerk range from the lowest at $124.80 to the highest at $143.50 and exhibit little consistency.

The "other State" comparisons would be of assistance in tempering the conclusions otherwise reached in a work value case based on clerks and shop assistants in this State, but I see them of no value in the context of this award when there does not appear to have been any significance attached to them in the past.

It would seem to me that, bearing in mind the age"of the award and in view of the sequence of


action open to the union, that is to serve a log of claims on employers and establish a proper and sound foundation for the future in a new award.

The claim with respect to wages will not be granted. (My underlining.) (57 W.A.I.G. pp. 469 and 470.)

As to the applicant's evidence, the respondents took the view that:

The evidence was very general in relation to all facets of clerical, shop assistant and storewomen work.

I do not believe either witnesses were qualified to make judgements regarding the qualifications of the particular employees or the particular classifications referred to. I think we must bear in mind the position of both witnesses and they would have a certain vested interest in the success of the claim and naturally their attitudes towards the worth or value of the work of their members would to a certain extent, be coloured by their loyalty to their members. (Transcript notes of proceedings p. 72.)

Those submissions, the respondents concluded, supported the request that the application be not allowed. The Commission's View.

The Commission earlier herein has recited its comments in its reasons for decision when the award was last reviewed (other than by the Commissions in Court Session in general orders matters) (60 W.A.I.G. p. 2512 at p. 2517), and in which it continued the relationship established by the Commission in matter No. 123 of 1976 equating the rate of wage for a clerk aged 23 years of age to that for an adult shop assistant. In so doing, within the then existing principles of wage indexation, the Commission said:

The Commission feels compelled to borrow one of the words of the Commission in Court Session in matters Nos. 629 and others of 1978, to acknowledge the equity of continuing that relationship at least on this occasion and will determine this application in the form of a proposed order to that effect.

Like the Commission in Court Session in matter No. 315 of 1976, the Commission does not agree from its researches that the basis so followed properly reflects the relationship between the two awards concerned which endured from 1965 to 1973. but as the applicant makes it clear that it does not wish to be so

further. (My underlining.) (60 W.A.I.G. p. 2512 at p. 2517.)

The Commission in Court Session so referred to had observed:

There were a number of courses which the Commission could have followed. For example, the decision recorded that the exhibit submitted by the union, showed that since 1948 and for the most part, the male shop assistant has received a margin somewhere between the margin for a 22 year old clerk and that for a 23 year old clerk. (56 W.A.I.G. p. 1475 at p. 1477.)

With the applicant's deliberate and fully declared change of mind on the question of alignment of the clerk and the shop assistant or shop assistant/storeman/storewoman, it is now considered appropriate to take the history of the past relationship further.

In the Commission's view and upon its researches, it is quite clear that the basis of wage fixation for clerks from 1962 until 1974 was to accord to the female clerk aged 21 years, a rate of wage slightly higher than that prescribed for an adult female shop assistant and adjust all other clerical rates of wages accordingly.

That is easily discernable from the following Table "A" which reflects two things. Firstly the chronological sequence of that basis of fixation, namely a variation to the clerks' award following upon a movement in the shop assistants award, and secondly the slightness of the excess of the rate for the female clerical employee over that for the female shop assistant of the same age, an excess amount ranging from 40 cents, 32 cents, 30 cents, five cents and $1.00.

The Commission in matter No. 123 of 1976 accepted that proposition when it said inter alia:

(1) There is a sufficiently strong probability for me to accept that over most of the life of the award there has been a deliberate action by both parties to ensure that a 21 year old female clerk received a higher rate of pay than an adult female shop assistant. (56 W.A.I.G. p. 827 at p. 828.)

The Commission has no doubt that such was the case and that the parties fully acknowledged over the years in question that such was a proper alignment and a proper basis of fixation.

The comparison of the two female callings is quite valid because in retail establishments particularly, the preponderance of persons employed in the callings of shop assistants and clerks are females.

On the material before the Commission in these proceedings, such is still the case and that method of alignment is still valid in the Commission's view.

The slight excess in the rates of wages in favour of the clerical employee over the shop assistant was established, in the Commission's view, because of the existence of the additional incremental steps for clerical employees related to age and to reflect the view that at age 21, the clerical employee was "worth" a shade more than the highest prescribed rate of wage for a female shop assistant. That view was shared by the parties and sought to be established by the applicant in these proceedings, degrees of differences aside.

Table "A" Shop Assistants and Clerks.

Comparison of the Margins Payable From 1960 to 1975.

Shop Assistant (Aduit)

Male Female Male Female $ $ $ $

04-03-1960 5.30 2.60 2.50 3.25 40 W.A.I.G. p. 117 p. 194

17-12-1962 6.40 4.00 42 W.A.I.G. p. 572 19-12-1962 3.25 4.00 42 W.A.I.G. p. 627 27-08-1965 3.75 4.40 45 W.A.I.G. p. 830 01-03-1966 7.60 5.60 46 W.A.I.G. p. 117 13-09-1966 4.95 6.00 46 W.A.I.G. p. 1044

*08-03-1967 5.35 6.50 47 W.A.I.G. p. 203 *10-03-1967 8.40 6.10 47 W.A.I.G. p. 263 29-03-1968 8.40 7.60 48 W.A.I.G. p. 90 03-04-1969 9.55 7.92 49 W.A.I.G. p. 291 12-08-1969 11.40 10.30 49 W.A.I.G. p. 708 25-08-1970 12.90 11.80 50 W.A.I.G. p. 557 06-11-1970 13.55 12.10 50 W.A.I.G. p. 768 23-12-1971 19.25 16.40 52 W.A.I.G. p. 53 11-02-1972 13.55 16.70 52 W.A.I.G. p. 106 27-10-1972 24.40 20.79 52 W.A.I.G. p. 988 07-12-1972 22.10 20.80 52 W.A.I.G. p. 1054 29-05-1973 29.40 25.05 53 W.A.I.G. p. 700 04-10-1973 27.40 25.10 53 W.A.I.G. p. 1120 04-12-1973 35.00 30.05

to 01-04-1974 35.00 53 W.A.I.G. p.1714 23-05-1974 33.40 29.10 54 W.A.I.G. p. 805 26-07-1974 12-07-1974 43.00 43.00 01-10-1974 51.50 51.50 54 W.A.I.G. p. 874 19-08-1974 47.50 52.50 54 W.A.I.G. p. 1024

' Federal Wage Case Formula.


The applicant's evidence, highly opinionative but there being no other supports that view.

Thus, the Commission concludes that it is fair and proper to say that a 21 year old female clerk should receive a rate of wage in excess of that prescribed for an adult female shop assistant, on the existing structure of that award.

The question then becomes the quantum and basis of measurement of that excess. The method suggested by the applicant poses a number of difficulties. It says in essence, that the ordinary weekly rate of wage for storewomen is that prescribed for a shop assistant plus $8.00 or $12.00 per week.

Firstly, the evidence indicates that storewomen do not necessarily operate forklifts, high lift stackers, high lift stock pickers or power operated overhead traversing hoists, and thus the additional 30 cents per hour prescribed by the award as an extra rate (59 W.A.I.G. p. 1561 at p. 1562) whilst so engaged, should be put to one side.

Secondly, the evidence does indicate that storewomen operate ride-on power operated pallet trucks and would so qualify for the additional 20 cents per hour whilst so engaged.

However, being an extra rate per hour whilst so engaged and not knowing the incidence and regularity of that task during the course of the work of a storewoman, the Commission does not feel justified in saying that the rate of wage for the average storewoman is the ordinary weekly rate of $202.20 plus 40 hours or any hours at 20 cents per hour extra. For those reasons, the Commission does not accept the rate of $202.20 plus $8.00 as the ordinary weekly rates of wage for storewomen generally and discounts that total rate of wage as the method of measurement as suggested by the applicant as the quantum of excess of clerk over shop assistant/storewomen.

As the excess in the past at the first step for the female clerk was "slight" for the reasons alluded to earlier herein, the Commission will continue that basis and say that the excess last devised by the parties themselves, i.e. $1.00 in 1974, is fair and equitable.

That will generate for the 21 year old female clerk a new minimum weekly rate of wage of $203.20 or an increase of $7.10 per week. That increase will be applied to all other adult rates of wages, the parties (and the applicant specifically) not seeking to destroy existing differentials, and consequently proportionate increases to junior employees in the manner prescribed in the award.

The final test to be looked at as the applicant put it, was to ensure that such a new minimum rate of wage was not below or out of step with the arithmetical average of the relevant rates of wages in the awards of the four mainland states referred to earlier herein. That figure was identified as $208.73.

Whilst the theorem of comparative wage justice is the cornerstone of wage fixation generally it does not necessarily hurdle geographical boundaries to the exclusion of comparisons at home and it is in that latter area that the comparison of work is being made and alignments drawn.

Having chosen that ground, external comparisons albeit apparently like with like, become very secondary and in the context of the result of these proceedings irrelevant particularly bearing in mind that the area of wages with which the comparison is made itself derives from external comparative wage justice considerations. (See 60 W.A.I.G. p. 2512 at p. 2515.)

The Commission is in two minds upon the applicant's request for an interim order in view of the adjustments which may be made in the near future to the rates of wages in the shop assistant's award (see Exhibit 7).

On the one hand, it would certainly be less inconvenient to the applicant if it did not have to make a further application in such an event subject of course to what view it takes of the decision in this matter.

On the other hand however, the respondents or perhaps even the applicant, may wish to take other proceedings upon the decision in this matter.

The Commission will allow the parties to address it further on this aspect at the speaking to the minutes.

The minutes of the proposed decision now issue to give effect to the proposed increases referred to and those minutes may be spoken to by the parties on a day and at a time mutually convenient to the parties and the Commission.

Decision accordingly.



Industrial Union of Workers, W.A. Branch, Applicant, and Boans Limited and Others, Respondents.

Order. HAVING heard Mr B. J. Finlay on behalf of the applicant and Mrs P. E. Bentley on behalf of respondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the "Clerks' (Wholesale and Retail Establishments)" Award No. 38 of 1947 as varied, consolidated and varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the dates specified therein.



Schedule. 1. Clause 11.—Rates of Pay: Delete this clause and

insert in lieu:— 11.—Rates of Pay.

(1) The following shall be the minimum rates of wages per week payable to employees covered by this award with effect as from the first pay periods commencing on or after the dates indicated.

(2) Adult employees— 15/1/82 15/3/82 5/7/82

$ $ $ (a) At 21 years of

age 206.90 216.90 226.00 At 22 years of age 210.00 220.00 229.10 At 23 years of age 213.00 223.00 232.10 At 24 years of age 216.10 226.10 235.20 At 25 years of age and over 219.50 229.50 238.60

(b) Adult stenographers, comptometer or calculating or ledger machine operators shall receive $3.10 per'week in addition to the rates set out in paragraph (a) of this subclause.


15/1/82 15/3/82 5/7/82 $ $ $

(c) Senior Clerks (Classified as such or in default of agreement by the Board of Reference) 224.00 234.00 243.10

(3) Junior Employees— (a) Percentage of the rate for an adult

employee at 21 years of age per week: %

At 15 years of age 40 At 16 years of age 50 At 17 years of age 60 At 18 years of age 70 At 19 years of age 80 At 20 years of age 90

(b) Junior stenographers, comptometer or calculating or ledger machine operators shall receive in addition to the rates set out in paragraph (a) of this subclause, the following amounts:

$ At 17 years of age .70 At 18 years of age 1.00 At 19 years of age 1.80 At 20 years of age 2.50

(4) The hours usually and customarily worked by forwarding clerks in wholesale establishments immediately prior to the 1st day of May, 1948 without payment of overtime shall continue to be worked by such clerks, but they shall be entitled to receive the sum of $1.00 per week in addition to the rates prescribed above.

(5) Casual clerks may be employed at an hourly rate for a lesser period than two weeks and shall be paid while so employed 25 per cent in addition to the rates prescribed above, with a minimum engagement of four hours: provided that, notwithstanding anything contained in this subclause, the basis and terms of employment of casual clerks may be varied in any particular case by agreement in writing between the employer and the union.

(6) (a) Part time employees may be employed following notification by the employer to the union at an hourly rate for a lesser period per week than the hours usually worked in each establishment provided that the union is unable to provide suitable full time employees.

(b) Provided, however, that if the union should object to the employment by any employer of a part time employee, such objection must be made within 48 hours from the time of the union receiving such application from the employer.

(c) Any objection lodged within the aforesaid 48 hours may be referred to a Board of Reference.

(d) Payment of annual leave and sick pay for part time employees, shall be strictly related proportionately in accordance with the number of hours worked, to the conditions prescribed in each establishment for full time employees.

(e) Should the present need for part time employees be eliminated by a surplus of suitable employees offering for full time employment, the union shall be at liberty to apply to the Western Australian Industrial Commission for the deletion of this subclause (6) from the award.


No. 586 of 1981. Between Federated Clerks' Union of Australia,

Industrial Union of Workers, W.A. Branch, Applicant, and The Bailiffs Office, Fremantle and Others, Respondent.

Order HAVING heard Mr B. J. Finlay on behalf of the applicant, and Mrs P. E. Bentley on behalf of Respondents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the "Clerks' (Bailiffs' Employees)" Award No. R19 of 1976 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the dates specified therein.



Schedule.

Clause 12.—Rates of Pay: Delete this clause and insert in lieu:—

12.—Rates of Pay. The following shall be the minimum rates of

wages payable to employees covered by this award with effect as from the first pay periods commencing on or after the dates indicated. (1) Clerks (wages per week):

(a) Adult Employees— 26/2/82 15/3/82 5/7/82

$ $ $ At 21 years of age

or first year of adult service 206.90 216.90 226.00

At 22 years of age or second year of adult service 210.00 220.00 229.10

At 23 years of age or third year of adult service 213.00 223.00 232.10

At 24 years of age or fourth year of adult service 216.10 226.10 235.20

At 25 years of age and over or fifth year of adult service and thereafter.. 219.50 229.50 238.60 Adult stenographers, comptometer or

ledger machine operators shall receive $3.10 per week in addition to the rates set out above.

(b) Junior Employees— Percentage of the rate for an adult

employee at 21 years of age per week— %

Under 16 years of age 40 Between 16 and 17 years of age... 50 Between 17 and 18 years of age... 60 Between 18 and 19 years of age... 70 Between 19 and 20 years of age... 80 Between 20 and 21 years of age... 90


Junior stenographers, comptometer or ledger machine operators shall receive in addition to the above rates—

$ At 17 years of age 70 At 18 years of age 1.00 At 19 years of age 1.80 At 20 years of age 2.50

(c) Employees classified in accordance with this subclause who are Gazetted as Assistant Bailiffs in order to facilitate office procedures, shall not be paid in accordance with subclause (2) of this clause unless they are required by the Bailiff to perform those additional duties beyond the immediate precincts of the office.

(2) Assistant Bailiffs (wages per week): 26/2/82 15/3/82 5/7/82

$ $ $ On appointment 209.20 219.20 228.30 After six months'

service 241.80 251.80 260.90 After two years'

service 261.30 271.30 280.40



Industrial Union of Workers, W.A. Branch, Applicant, and Westland Broadcasting Company Ltd. and Others, Respondents.


That the "Clerks' (Commercial Radio and Television Broadcasters)" Award No. 14C of 1968 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the dates specified therein.






(2) Adult employees— 15/1/82 15/3/82 5/7/82



(b) Adult stenographers, comptometer or calculating or ledger machine operators shall receive $3.10 per week in addition to the rates set out in paragraph (a) of this subclause.

15/1/82 15/3/82 5/7/82 $ $ $







(4) Casual clerks may be employed at an hourly rate for a lesser period than two weeks and shall be paid while so employed 25 per cent in addition to the rates prescribed above, with a minimum engagement of four hours: Provided that, notwithstanding anything contained in this subclause, the basis and terms of employment of casual clerks may be varied in any particular case by agreement in writing between the employer and the union.

(5) (a) Part time employees may be employed following notification by the employer to the union at an hourly rate for a lesser period per week than the hours usually worked in each establishment,

(b) Payment of annual leave and sick pay for part time employees, shall be strictly related proportionately in accordance with the number of hours worked, to the conditions prescribed in each establishment for full time employees.




Industrial Union of Workers, W.A. Branch, Applicant, and H.P.C. Pty. Ltd. and Others, Respondents.

Order. HAVING heard Mr B. J. Finlay on behalf of the applicant and Mrs P. E. Bentley on behalf of respondents the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the "Clerks' (Commercial, Social and Professional Services)" Award No. 14 of 1972 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the dates specified therein.




insert in lieu:— 11.—Rates of Pay


(2) Adult employees— 15/1/82 15/3/82 5/7/82

$ $ $_ (a) At 21 years of



15/1/82 15/3/82 5/7/82 $ $ $







(4) Casual clerks may be employed at an hourly rate for a lesser period than two weeks and shall be paid while so employed 25 per cent in addition to the rates prescribed above, with a minimum engagement of four hours: Provided that, notwithstanding anything contained in this subclause, the basis and terms of employment of casual clerks may be varied in any particualr case by agreement in writing between the employer and the union.






(6) Employees required by employers engaged in film renting and/or film producing and/or film libraries to perform the duties of "checking" shall be paid the sum of $5.00 for each night so employed and in addition shall receive first-class return fares actually and reasonably incurred travelling between the place of residence and the job. Provided that such employees shall not be entitled to the provisions of Clause 8.—Overtime. Meal money shall not be payable except in accordance with the provisions of subclause (c) of Clause 9.




Industrial Union of Workers, W.A. Branch, Applicant, and Traders Mutual Cash Order Co. Ltd. and Others, Respondents.

Order. HAVING heard Mr B. J. Finlay on behalf of the applicant and Mrs. P. E. Bentley on behalf of respondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the "Clerks' (Credit and Finance Establishments)" Award No. 16 of 1952 as varied, consolidated and varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the dates specified therein.




insert in lieu:— 10.—Rates of Pay,


(2) Adult employees— 15/1/82 15/3/82 5/7/82




15/1/82 15/3/82 5/7/82 I $ $



employee at 21 years of age per week: 07 /O




(4) Casual clerks may be employed at an hourly rate for a lesser period than two weeks and shall be paid while so employed 25 per cent in addition to the rates prescribed above, with a minimum engagement of four hours: Provided that, notwithstanding anything contained in this subclause, the basis and terms of employment of casual clerks may be varied in any particular case by agreement in writing between the employer and the union.






BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION

No. 581 of 1981. Between the Federated Clerks' Union of Australia,

Industrial Union of Workers, W.A. Branch, Applicant, and James Kiernan Ltd. and Others, Respondents.


That the "Clerks' (Customs and/or Shipping and/or Forwarding Agents)" Award No. 47 of 1948 as varied, consolidated and varied in accordance with the following schedule and that such variation shall have effect as from the dates specified therein.



24thFebruary, 1982] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 255

Schedule. Clause 10.—Rates of Pay: Delete this clause and rt in lieu:—

10.—Rates of Pay. (1) The following shall be the minimum rates of

wages per week payable to employees covered by this award with effect as from the first pay periods commencing on or after the dates indicated.

(2) Adult employees- 15/1/82 15/3/82 5/7/82

(a) At 21 years of age 206.90 216.90 226.00 At 22 years of age 210.00 220.00 229.10 At 23 years of age 213.00 223.00 232.10 At 24 years of age 216.10 226.10 235.20 At 25 years of age and over 219.50 229.50 238.60


15/1/82 15/3/82 5/7/82 $ $ $



employee at 21 years of age per week: 0/ /V At 15 years of age 40 At 16 years of age 50 At 17 years of age 60 At 18 years of age 70 At 19 years of age 80 At 20 years of age 90




(5) (a) Part time employees may be employed following notification by the employer to the union at an hourly rate for a lesser period per week than the hours usually worked in each establishment provided that the union is unable to provide suitable full time employees,

(b) Provided, however, that if the union should object to the employment by any employer of a part time employee, such

objection must be made within 48 hours from the time of the union receiving such application from the employer.






Industrial Union of Workers, W.A. Branch, Applicant, and Palace Hotel, Perth Pty. Ltd. and Others, Respondents.

Order. HAVING heard Mr B. J. Finlay on behalf of the applicant and Mr M. S. Anderson on behalf of respondents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Aribtration Act, 1979 hereby orders—

That the "Clerks (Hotels, Motels and Clubs)" Award No. R7 of 1977 as varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the dates specified therein.


(Sgd.) G. J. MARTIN, IL.S.l Commissioner.

Schedule. Clause 7.—Wages: Delete this Clause and insert in

lieu:— 7.—Wages.


(2) Adult employees—

(a) At 21 years of age 206.90 216.90 226.00 At 22 years of age 210.00 220.00 229.10 At 23 years of age 213.00 223.00 232.10 At 24 years of age 216.10 226.10 235.20 At 25 years of age and over 219.50 229.50 238.60


210.00 220.00 229.10

213.00 223.00 232.10

216.10 226.10 235.20


Provided that the allowance shall not be paid to an employee for using a calculator for the purpose of simple arithmetic calculation.

15/1/82 15/3/82 5/7/82 $ $ $

(c) Senior Clerks (classified as such or in default of agreement by the Board of Reference) 224.00 234.00 243.10






Provided that the allowance shall not be paid to an employee for using a calculator for the purpose of simple arithmetic calculation.

(4) Casual clerks may be employed at an hourly rate for a lesser period than two weeks and shall be paid while so employed 25 per cent in addition to the rates prescribed above, with a minimum engagement of four hours.

(5) (a) Part time employees may be employed at an hourly rate for a lesser period per week than the hours usually worked in each establishment.

(b) Payment for annual leave, holidays, bereavement leave and paid sick leave for part time employees, shall be strictly related proportionately in accordance with the number of hours worked, to the conditions prescribed in each establishment for full time employees.


No. 585 of 1981. Between the Federated Clerks' Union of Australia,

Industrial Union of Workers, W.A. Branch, Applicant, and Swan Taxis Co-Operative Limited and Others, Respondents.


That the "Clerks' (Taxi Services)" Award No. 14B of 1968 as varied, consolidated and-varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the dates specified therein.






(2) Adult employees— 15/1/82 15/3/82 5/7/82




15/1/82 15/3/82 5/7/82 $ $ $



employee at 21 years of age per week: /o





(5) (a) Part time employees may be employed following notification by the employer to the union at an hourly rate for a lesser period per week than the hours usually worked in each establishment,

(b) Payment of annual leave and sick pay for part time employees, shall be strictly related proportionately in accordance with the number of hours worked, to the conditions prescribed in each establishment for full time employees.




Industrial Union of Workers, W.A. Branch, Applicant, and Millars Timber and Trading Co. Ltd. and Others, Respondents.


That the "Clerks' (Timber)" Award No. 61 of 1947 as varied, consolidated and varied, be further varied in accordance with the following schedule and that such variation shall have effect as from the dates specified therein.


(Sgd.) G. J. MARTIN, JL.S.] Commissioner.




(2) Adult employees— 15/1/82 15/3/82 5/7/82

<C <£ <2? (a) At 21 years of

«t> «P

age 206.90 216.90 226.00 At 22 years of age 210.00 220.00 229.10 At 23 years of age 213.00 223.00 232.10 At 24 years of age 216.10 226.10 235.20 At 25 years of age and over. 219.50 229.50 238.60


15/1/82 15/3/82 5/7/82 $ $ $






I At 17 years of age 70 At 18 years of age 1.00 At 19 years of age 1.80 At 20 years of age 2.50

(4) The hours usually and customarily worked by forwarding clerks in wholesale establishments immediately prior to the 1st day of May, 1948 without payment of overtime shall continue to be worked by such clerks, but they shall be entitled to receive the sum of one dollar per week in addition to the rates prescribed above.






(e) Should the present need for part time employees be eliminated by a surplus of suitable employees offering for full time employment, the union shall be at liberty to apply to the Western Australian Industrial Commission for the deletion of this sublcause (6) from the award.

DENTAL TECHNICIANS' AND ATTENDANT/RECEPTIONISTS'



No. 577 of 1981. Between W.A. Dental Technicians & Employees

Union of Workers, Perth, Applicant, and Devenish Dental Laboratories and Others, Resondents.

Before Mr Commissioner G. A. Johnson. The 22nd day of January, 1982.

Mr 1. Sands on behalf of the applicant. Mr R. H. Gilford on behalf of the respondents.

Reasons for Decision. THE COMMISSIONER: This is an application to amend the Dental Technicians' and Attendant/Receptionists' Award No. 2 of 1979 in


respect to wages, annual leave, location allowance and maternity leave. Agreement has been reached for amendment of the annual leave clause and for insertion of the new locality allowance clause in place of the old district allowance clause leaving the claims for wages and maternity leave in dispute.

The claim for wages is in two parts, the rate for a dental technician and the rate for the attendant/receptionist. Dental Technician:

In 1977, the rate for a dental technician in private industry was aligned with the rate paid to a dental technician employed by the Perth Dental Hospital (57 W.A.I.G. 608). Rates for the Perth Dental Hospital technician were increased in May 1980 by consent and application was made to the Commission for a similar increase to be awarded the employees subject to the award now before the Commission.

Except to the extent of a 4.2 per cent National Wage adjustment no change was made to wage rates and it was said by the Commission—

The Commission, taking into account the extreme wage rate differential which would be created as between W.A. and all other States, uncertainty as to the extent to which, if at all, dental technicians' wage rates in other States will alter for work value reasons and the present state of the industry in W.A., has decided to stand the claim over for the time being to await developments.

The Commission is not to be understood as breaking the arbitrated nexus described earlier herein in any way. What the Commission is doing on this occasion is merely to postpone acting upon the wage rate nexus for the present and the liberty to apply reserved to the Union in the Award continues. (60 W.A.I.G. 1415.)

The applicant in these proceedings is reapplying to have the nexus with the Perth Dental Hospital rate restored. With minor exception, the material submitted in these proceedings differs little from that submitted in 1980. It was demonstrated by the employers that the current rate for a dental technician in this State exceeds the average of the rates applying in the other States by $18.10 per week (October 1981), the demand for dental work is diminishing, the numbers of dentists and dental technicians is increasing, a large percentage, probably in excess of 50 per cent of dental technicians are self employed, there is a high incidence of illegal denture work, that is denture work done by technicians without reference to a dentist, and that in general terms the industry had shown no improvement since the last hearing. It was submitted that the Commission should break the tie with the Perth Dental Hospital Award and make no order for increase.

The applicant relied on the basis upon which the award was erected in June 1980, a basis supported with reservation by the employers at that time (60 W.A.I.G. 846). It countered the employers' argument about the state of the industry by producing extracts from time and wages sheets showing considerable over award payments to dental technicians. The employers observed in reply that such payments were being made to specialist dental technicians and that the ordinary dental technician received no over award payment.

There is every reason to believe that the basis upon which an award has been erected is the one best suited to the circumstances of the time and that such basis should subsist until the term of the award has expired. In the case of this award the Commission reaffirmed a basis first fixed in 1977. In the 1977 proceedings, parity between the two groups was established because of the close links between Government and private dental technicians (57

W.A.I.G. 608). Reference was made to the basis upon which the Perth Dental Hospital rates were fixed by consent and which is described as—

The adjustment occurred on the basis of considering the rates for dental technicians in other State the rates for tradesmen generally, Public Service rates and a whole host of other wage rates in the community generally. (Page 609.)

An examination of the current rates for a Perth Dental Hospital dental technician does not reveal any similarity with rates paid to dental technicians in other States. I get no further assistance from the transcript statement as the other rates referred to are not readily identifiable, although the structure of the rates suggests a link with rates paid to General Division Officers in the Hospital Salaried Officers Award No. 39 of 1968. An examination of application No. 121 of 1980 confirms this arrangement and the transcript contains a statement that the parties (Perth Dental Hospital and the Hospital Employees Union) agreed to the relationship in 1978.

It appears therefore, that there is currently only one basis for fixing the rates for dental technicians at the Perth Dental Hospital and that is the State Public Service rates which have direct influence on the rates in the Hospital Salaried Officers Award. There is nothing to indicate that the rates so fixed from time to time will have particular regard for those factors which were said to have been relevant in determining the rates for Perth Dental Hospital dental technicians vide the transcript extract referred to in 1977.

Notwithstanding this historical background the employers saw no need to challenge the 1977 determination when the current award first came before the Commission in June of 1980. At the speaking to the minutes of the new award reference was made to an eight per cent adjustment to the Perth Dental Hospital rates following a similar movement in the Hospital Salaried Officers award and the State Public Service rates. Although there had been an acceptance by the employers earlier in the proceedings of the nexus with the Perth Dental Hospital rates, the eight per cent increase was not agreed to and the union sought liberty to apply to amend the award at a later date. That application came before the Commission and that application was refused, the decision in the matter being that referred to at the beginning of these reasons (60 W.A.I.G. 1415).

During the award proceedings and the subsequent application to amend, reference was made by the employers to the change in the method of fixing Perth Dental Hospital dental technicians' rates of pay merely by way of a reservation rather than as a basis for challenge to the 1977 nexus decision.

I believe the situation can be summarised this way. It is a matter of record that the basis for Perth Dental Hospital rates for dental technicians was changed to Hospital Salaried Officer Award rates in 1978. It is a matter of record that the salaried officer rates and, as a consequence Perth Dental Hospital dental technicians' rates, moved to reflect the Public Service eight per cent adjustment before this award was issued and liberty was reserved to the applicant to pursue that increase at a later time yet these factors of themselves brought no positive response from the employers.

I have examined the transcripts of the award hearing and that hearing in which the eight per cent adjustment was deferred and I can find no evidence of change in the industry since November/December 1979 when the award case was argued of sufficient magnitude to justify a permanent departure from the basis upon which the award was erected. Certainly it is open to the parties to apply for a new award when the term of the current award expires in May of this


year but until then the parties and the Commission, in the absence of significant change, are I believe obliged to acknowledge the award base.

This is a time of general wage movement and I believe it not reasonable to withhold further the increase awarded to Perth Dental Hospital dental technicians and the minutes will so provide. Attendant/Receptionist:

At the time when the award was first before the Commission, the Commission identified three groups of employees whose prime functions were chairside work, receptionist work and a combination of both. It was concluded by the Commission that there be two rates of pay, one based on the dental nurse and the other based on a clerk. The parties were of the view that a single rate was desirable and at the speaking to the minutes of the proposed award were able to indicate agreement on a single amount which they said had regard for both the dental attendant's work and the receptionist's work.

The rate so fixed was a little less than the 21 year old clerk's rate and more than the old rate for an attendant which had been fixed by way of a percentage of the first year dental nurse's rate less a qualification allowance.

In the application now before the Commission the union asks for adjustment by way of direct alignment with the 23 year old clerk's rate on the ground that a dental attendant/receptionist has greater responsibilities than a receptionist and such fact should be recognised by an increase in pay.

For the reasons expressed already with respect to dental technicians the union's request is refused. No evidence has been called to demonstrate that the basis on which the award was erected is now inappropriate because of significant changes in the industry.

The parties were unable to give me particular information on the method of calculation adopted by the parties when the award issued and the rate contained in the minutes now to issue attempts to maintain the relationship created when the award issued.

I observe in passing that during the proceedings before me comment was made on the definition of an attendant/receptionist contained in the award and on the relevance of the Clerks (Commercial Social and Professional Services) Award No. 14 of 1972. I make no finding with respect to those matters but suggest that the parties give them some attention. Maternity Leave:

The claim for maternity leave in this industry poses many of the problems raised in the proceedings before the Commission in Court Session when this provision was first raised in this jurisdiction (60 W.A.I.G. 409). I accept that such a provision may well create special problems for dentists but then those same problems to a greater or lesser extent, according to the industry, exist in those industries in which the provision already applies. Nothing was put to me to demonstrate that this industry is unique to the extent that it should be the only industry not to gain the provision by decision of this Commission. The claim will be granted.


No. 577 of 1981. Between W.A. Dental Technicians and Employees'

Union of Workers Perth, Applicant, and Devenish Dental Laboratories and Others, Respondents.

Order HAVING heard Mr I. Sands 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 Dental Technicians and Attendants/Receptionists Award No. 20 of 1979 be varied in accordance with the following schedule and that such variation shall have effect on and from the date hereof.

Dated at Perth this 3rd day of February, 1982.


Schedule. Clause 2.—Arrangement: Delete this clause and

insert in lieu:— 2.—Arrangement.

1. Title. 2. Arrangment. 3. Scope. 4. Area. 5. Term. 6. Definitions. 7. Wages. 8. Hours. 9. Overtime.

10. Meal Money. 11. Meal interval. 12. Contract of Service. 13. Higher Duties. 14. Holidays. 15. Annual Leave. 16. Absence through Sickness. 17. Payment of Wages. 18. Time and Wages Record. 19. No Reduction. 20. Under Rate Workers. 21. Recognition. 22. Apprentices. 23. Uniforms. 24. Inspection by Union. 25. Board of Reference. 26. Posting of Award and Union Notices. 27. Preference to Unionists. 28. Long Service Leave. 29. Additional Rates for Ordinary Hours. 30. Location Allowance. 31. Compassionate Leave. 32. Part-time Workers. 33. Liberty to apply. 34. Maternity Leave.

Schedule of Respondents.

Clause 7.—Wages: Delete this clause and insert in lieu:—

7.—Wages. The following shall be the minimum weekly

rates of wages payable to workers covered by this Award.

(1) Dental Technicians— $

(a) Dental Technicians (Advanced) 297.30 Dental Technicians (Other) 271.20

(b) A leading Dental Technician (as defined) shall be paid $7.50 per week in addition to the rate prescribed herein for the work performed.

(2) (a) Dental Attendant and/or Re- ceptionist 197.30

(b) Laboratory Assistant 197.30 (c) A Dental Assistant as defined

shall be paid $7.00 per week in addition to the rate prescribed for the work performed.

16861—4

260 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th February. 1982

(d) A Senior Dental Assistant or Dental Attendant and/or Re- ceptionist who in addition to her normal duties is required to supervise other workers shall be paid $7.50 per week in addition to the rates prescribed herein for the work performed.

(3) (a) Junior Females (Per cent of Adult Dental Attendant and/or Receptionists' rate per week).

Under 16 years of age. 16 to 17 years of age.... 17 to 18 years of age.... 18 to 19 years of age.... 19 to 20 years of age.... 20 to 21 years of age....

(b) A Dental Assistant (as defined) under the age of 21 years who has completed two years practical experience shall be paid $7.00 per week in addition to the appropriate rate prescribed in subclause 3(a) hereof. Provided that full time tuition in Dental Clinic Assisting conducted by the Technical Education Division of the Education Department shall be regarded as practical experience for the purpose of this subclause.

(4) Apprentices (per cent of other Technicians rate per week). (a) Four year term—

1st year 2nd year 3rd year 4th year

(b) Three and a half-year Term- 1st six months Next year Next following year Final year

(c) Three year Term— 1st year 2nd year 3rd year

(5) Casual Workers shall receive 20 per cent in addition to the rates prescribed in this clause for the work performed.

Clause 15.—Annual Leave: Delete subclause (4) (a) of this clause and insert in lieu:—

(4) (a) If after one months continuous service in any qualifying period a worker leaves his employment or his employment is terminated by his employer through no fault of the worker, the worker shall be paid 3.08 hours pay at his ordinary rate of wage in respect of each completed week of continuous service.

Clause 30.—District Allowance: Delete this clause and insert in lieu:—

30.—Location Allowance. (1) Subject to the provisions of this clause, in

addition to the wages prescribed in Clause 7.—Wages of this award, a married employee shall be paid the following allowances when employed in the towns described hereunder:—

Town. $ Agnew 16.50 Balladonia 14.00 Boulder 6.10

Town. $ Broome 25.25 Bullfinch 8.05 Carnarvon 12.70 Cockatoo Island 27.20 Coolgardie 6.10 Cue 16.20 Dampier 21.60 Denham 12.70 Derby 26.40 Esperance 5.65 Eucla 17.90 Exmouth 21.50 Fitzroy Crossing 31.20 Goldsworthy 17.25 Halls Creek 34.15 Kalbarri 4.70 Kalgoorlie 6.10 Kambalda 6.10 Karratha 24.60 Koolan Island 27.20 Koolyanobbing 8.05 Kununurra 39.25 Laverton 16.00 Learmonth 21.50 Leinster 16.50 Leonora 16.00 Madura 16.00 Marble Bar 35.65 Meekatharra 13.85 Mount Magnet 16.70 Mundrabilla 17.00 Newman 15.50 Norseman 12.25 Nullagine 35.40 Onslow 25.55 Pannawonica 20.50 Paraburdoo 20.15 Port Hedland 21.30 Ravensthorpe 9.00 Roebourne 28.00 Sandstone 16.50 Shark Bay 12.70 Shay Gap 17.25 Southern Cross 8.05 Teutonic Bore 16.50 Tom Price 20.15 Whim Creek 24.60 Wickham 24.50 Wiluna 17.00 Wittenoom 31.75 Wyndham 38.00 (2) A single employee shall be paid 50 per cent

of the allowances prescribed in subclause (1) of this clause.

(3) An employee, whose spouse is employed by the same employer and who is entitled to an allowance of a similar kind to that prescribed by this clause shall be paid 50 per cent of the allowance prescribed in subclause (1) of this clause.

(4) Where an employee is provided with board and lodging by his employer, free of charge, such employee shall be paid 33 1/3 per cent of the allowance prescribed in subclause (1) of this clause.

(5) Junior workers, casual workers, part-time workers and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.

24th February, 1982] WESTHRN AUSTRALI AN INDUSTRI AL GAZETTE. 261

(6) Where an employee is on annual leave or receives payment in lieu of annual leave he shall be paid for the period of such leave the district allowance to which he would ordinarily be entitled.

(7) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he shall only be paid district allowance for the period of such leave he remains in the district in which he is employed.

(8) For the purpose of this clause a married employee includes:

(a) A person who has a de facto spouse, and (b) A person who is a sole parent with

dependant children.

(9) Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of subclause (1) shall be such amount as may be agreed between Australian Mines and Metals Association, the Confederation of Western Australian Industry and the Trades and Labor Council of Western Australia or, failing such agreement, as may be determined by the Commission: Provided that, pending any such agreement or determination, the allowance payable for that purpose shall be an amount equivalent to the district allowance in force under this award for that town or location on 1st June, 1980.

(10) Nothing herein contained shall have the effect of reducing any "district allowance" currently payable to any employee subject to the provision of this award whilst that employee remains employed by his present employer.

(11) Subject to the making of a General Order pursuant to section 50 of the Act, that part of each location allowance representing prices shall be varied from the beginning of the first pay period commencing on or after the 1st day in July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing) for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest 10 cents and the first such adjustment to be made for the year ending 31st March, 1981.

Clause 34.—Maternity Leave: Add the following new clause.

34.—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 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 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 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.

24th February, 1982] WESTERN AUSTRALIAN IN DUSTRIA L G AZETTE. 263

DENTAL TECHNICIANS AND ATTENDANT RECEPTIONISTS.



Between W.A. Dental Technicians and Employees' Union of Workers, Perth, Applicant, and Devenish Dental Laboratories and Others, Respondents.

Order. HAVING heard Mr I. J. Sands 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 Dental Technicians' and Attendant/Receptionists' Award No. 20 of 1979 be varied in accordance with the following schedule and that such variation shall have effect as from the date hereof.


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

ENGINE DRIVERS (North West Abattoirs).


INDUSTRIAL COMMISSION. 'No. 956 of 1981.

Between The Federated Engine Drivers' and Firemen's Union of Workers of Western Australia, Applicant, and North West Development Corporation, Respondent.

Order. HAVING heard Mr J. E. Bainbridge on behalf of the applicant, and Mr R. A. Heaperman 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' (North West Abattoirs)" Award No. 4 of 1969 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 29th day of January, 1982.



Schedule. Clause 6.—Definitions: Delete this clause and

insert in lieu:— 6.—Definitions.

(1) "Dental Technician Advanced" shall mean an adult employee who has at least four years experience as a Dental Technician other than as an apprentice and has qualified at an approved trade school, and who is engaged in all aspects of Crown and Bridge work (including Ceramics) or Cast Metal Dentures or Maxillo facial work or Orthodentice.

(2) "Leading Dental Technician" shall mean a Dental Technician who in addition to ordinary duties, is required by an employer to supervise the work of three or more other Dental Technicians and or apprentice.

(3) "Dental Attendant and/or Receptionist" shall mean an employee who is required to perform any of the following functions, namely;

receive patients, attend patents, make or record appointments or keep patients records

or any work incidental to such functions. (4) "Dental Assistant" shall mean a Dental

Attendant and/or Receptionist who either holds a Certificate in Dental Clinic Assisting issued by the Technician Education Division of the Education Department and has at least three months experience as a Dental Assistant or holds a Certificate of proficiency as a Dental Assistant issued by the Dental Assistants' Association as a result of having completed to the satisfaction of the Examiners a training course the standards of which have been approved and accepted by the Australian Dental Association (Western Australian Branch) and the Dental Assistants Association of Australia, or who holds a certificate recognised by the Dental Assistants Association of Australia as being equivalent to their certificate of proficiency.

(5) "Laboratory Assistant" shall mean an employee in a Dental Laboratory employed on work other than that work normally performed by a technician or apprentice technician.

(6) "Casual Worker" shall mean any employee engaged for less than one week.

Schedule. Clause 12.—Holidays and Annual Leave: Delete

subclause (3) of this clause and insert in lieu: (3) Except as hereinafter provided, a period of

four (4) consecutive weeks leave with payment of ordinary wages as prescribed, shall be allowed annually to an employee by his employer after a period of 12 months continuous service with such employer.

FREMANTLE HARBOURTRUST (Jetty Superintendents).



No. 325 of 1981. Between Merchant Service Guild of Australia,

Western Australian Section, Union of Workers, Applicant, and Fremantle Port Authority, Respondent.

Before Mr Commissioner G. G. Halliwell. The 15th day of December, 1981.

Mr T. Boronovskis on behalf of the Applicant. Mr J. Tinson on behalf of the Respondent.

Reasons for Decision. THE COMMISSIONER: This application seeks variation of Clauses 1.—Title, 2.—Arrangement, 3.—Term, 4.—Scope, 5.—Definitions, 6.—Rates of Pay, 8.—Overtime, 9.—Hours of Duty, 10.—Contract of Service, 12.—Public Holidays, 13.—Sick Leave, 14.—Long Service Leave, 15.—Transport and 16.—Record Book of the Jetty Superintendents (Fremantle Port Authority) Award No. 32 of 1963. The parties have agreed on the variation to the abovementioned clauses and also seek a consolidation to the Award. Clause 7.—Uniforms and Clause U.—Annual Leave are in dispute and therefore fall for determination by the Commission.


Clause 7.—Uniforms, subclause (e) Wet Weather Gear.

The Union's claim is for replacement of the wet weather gear once every two (2) years, instead of every three {3) years as at present. However, it was submitted by the Fremantle Port Authority that—

This new style of gear brand named "Avenger" is far superior to that issued previously and the Authority contends this is borne out by the cost which is involved. The cost of "Avenger" gear is $46.65 a set as compared with $28.50 for the old style. (Transcript page 9.)

The Commission is not satisfied, in light of the above, that the claim has been made out and it is therefore refused.

Subclause (h). Here the claim is that jetty superintendents should

be issued with an additional stripe for the shoulder's epaulette, making a total of three stripes. The background is best summarised from the submissions of Mr Boronovskis—

The professional requirements for the post were the minimum of mate, foreign going, with tanker experience, and this was still so when the post was last advertised and when I joined five and a half years ago.

Although jetty superintendents were given officer status no rank was worn. Some 15 years ago it was felt necessary that a rank was visually apparent and although chief officer rank was asked for (that is, three stripes) only second officer rank was given.

The duties of a jetty superintendent are to directly monitor all aspects of cargo handling, ballasting, berthing and any other item on the vessel which could create a safety or pollution hazard. On our request legal action can be instituted against a vessel. Overall, we have the authority to stop cargo work at any time and for any reason we may feel justified, either with or without the agreement of the master.

In conclusion I would mention that the jetty superintendents are not asking for any increase in salary but merely that their badges of rank be updated commensurate to their responsibilities so that they are at least equal with the people whom they are supposed to supervise. (Transcript pp. 5,6 and 7.)

The Respondent adopts the position that the current practice of two stripes should continue and further, that it is a right of management to decide any issues of uniforms.

Finally, it was argued that the sea-going qualifications held by jetty superintendents are used as "a guide only" in assessing suitability for the position of jetty superintendents.

The Commission accepts that in the ordinary course it is a right of management to determine the type of uniform to be supplied to employees. Unless a question of safety or some other special circumstance necessitating the intervention of the Commission arises, the right should not be interfered with by this Commission. The claim is refused.

Clause It.—Annual Leave., There is agreement, in principle, to the splitting of

annual leave by the parties, however some of the detail is disputed. The Commission adopts the provisions which appear in other of its awards that annual leave may be split into not more than two periods and this with the consent of the employer and the Union.


No. 325 of 1981. Between Merchant Service Guild of Australia,

Western Australian Section, Union of Workers, Applicant, and Fremantle Port Authority, Respondent.

Order. HAVING heard Mr T. Boronovskis on behalf of the Applicant and Mr J. Tinson on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Fremantle Port Authority (Jetty Superintendents) Award No. 32 of 1963, as varied, be further varied and consolidated 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.


(Sgd.) G. G. HALLIWELL, fL.S.J Commissioner.

Schedule. 1.—Title.

This Award shall be known as the "Fremantle Port Authority (Jetty Superintendents) Award".

2.—Arrangement. 1. Title. 2. Arrangement. 3. Term. 4. Area and Scope. 5. Definitions. 6. Rates of Pay. 7. Uniforms. 8. Overtime. 9. Hours of Duty.

10. Contract of Service. 11. Annual Leave. 12. Public Holidays. 13. Sick Leave. 14. Long Service Leave. 15. Transport. 16. Record Book.

3.—Term. The term of this Award shall be for a period of

three years from the date hereof.

4.—Area and Scope. This Award shall apply to the Jetty

Superintendents in the employ of the Fremantle Port Authority and shall operate over that area within the boundaries of the Port of Fremantle vested in the Fremantle Port Authority.

5.—Definitions. "Employer" means the Fremantle Port Authority. "Union" means the Merchant Service Guild of

Australia, Western Australian Section, Union of Workers, Fremantle.

"Employee" shall mean any Jetty Superintendents employed by the Fremantle Port Authority.

6.—Rates of Pay. An employee covered by the provisions of this

Award shall receive the following weekly rate of pay—

$ 1st year of service 367.42 Thereafter 378.67


7.—Uniforms. (i) Where the employer requires an employee to

wear a uniform, the employer shall provide free of cost the following uniform:—

(a) One only blue serge uniform after eight months continuous service and thereafter at the expiration of each successive two years.

(b) Two sets of khaki uniforms after 16 months and 24 months continuous service and thereafter at the expiration of each successive 16 months and 24 months continuous service.

(c) One cap and two khaki cap covers after eight months continuous service and thereafter as an when required.

(d) One cap badge after eight months continuous service and thereafter as and when required.

(e) One set of wet weather gear of nylon fabric or something similar—every three years.

<f) One pair of overalls after eight months continuous service and thereafter as and when required.

(g) One duffel coat after every four years continuous service.

(h) Jetty Superintendent shall be entitled to wear epaulettes with two stripes which shall be issued after eight months continuous service and thereafter as and when required.

(ii) The uniforms set out above shall remain the property of the employer and shall be worn by the employee while on duty.

Should the service of any employee terminate within one month from the date of issue of any uniform or any part thereof, all such issue shall be returned to the employer before the employee shall be entitled to be paid any moneys which may be due to him.

8.—Overtime. (i) Overtime shall mean and include all time

worked outside of or in excess of the ordinary hours of duty prescribed in Clause 9 of this Award and shall be paid as follows:—

(a) Monday to Saturday inclusive at the rate of double time.

(b) Sunday and Public Holidays at the rate of double time and a half.

(ii) Overtime shall not be payable where the ordinary working hours are exceeded owing to the mutual relief arrangements permitted under subclause (4) of Clause 9.—Hours of Duty.

9.—Hours of Duty. (i) (a) Thirty five hours shall constitute the

week's work and subject to subclause (3) of this clause, the ordinary working hours shall not exceed seven hours a day.

(b) The employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements.

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

(ii) The hours per week may be worked on any day of the week at the discretion of the employer and during the continuance of the present system of shifts, shall be worked as under:—

Day Shift 7 a.m. to 2 p.m. Afternoon Shift 3 p.m. to 10 p.m. Night Shift 11 p.m. to 6 a.m.

(iii) For the purpose of this Award, the week's work will be deemed to commence at 11 p.m. each Friday and conclude at 11 p.m. on the following Friday with the weekly change of shifts in rotation taking place in accordance with the existing arrangements of rosters which involves a cycle of eight weeks.

(iv) Employees shall be allowed to relieve one another to suit their convenience to catch transport as long as the full shift is maintained at all times.

10.—Contract of Service. (i) The contract of service may be determined by

one month's notice on either side: Provided that a jetty superintendent may be instantly dismissed or suspended for insobriety, misconduct or neglect of duty.

(ii) A jetty superintendent shall serve for a term of three months on probation before his appointment as such is confirmed and during such period shall be deemed to be on a weekly engagement.

11.—Annual Leave. (i) Except as hereinafter provided a period of 49

consecutive days' leave with payment of ordinary wages as prescribed shall be granted annually to a worker by his employer after a period of 12 months continuous service with that employer, however service prior to 31st December, 1980, the entitlement shall be calculated on 42 consecutive days leave for 12 months continuous service. Such leave shall at all times be granted at the convenience of the employer and shall be taken in accordance with roster prepared each year.

(ii) If after one months continuous service in any qualifying 12 monthly period a worker lawfully leaves his employment or his employment is terminated by the employer by no fault of his own, the worker shall be paid 4.71 hours pay at. his ordinary rate of pay in respect of each completed week of continuous service.

(iii) The annual leave prescribed in subclause (i) above may, with the consent of the employee and the employer be taken in two portions provided that no portion shall be less than three consecutive weeks.

12.—Public Holidays. The following days shall be observed as holidays:—

New Year's Day. Australia Day. Good Friday. Easter Monday. Anzac Day. Labour Day. State Foundation Day. Sovereign's Birthday. Christmas Day. Boxing Day.

13.—Sick Leave. (i) (a) An employee who is incapacitated through

sickness or injury other than that arising out of or in the course of his employment, may be granted sick leave with pay for a period of or periods not exceeding in the aggregate one month in any year, upon production within 48 hours of the commencement of any such period of absence of a medical certificate as to his incapacity.

(b) Up to one week of such sick leave, unused in any year, shall be allowed to accumulate and may be availed of in the next or subsequent years.

(ii) Where such incapacity arises through the wilful act or misconduct of the employee, or where a medical certificate is not furnished as required, or where the employee has already had sick leave with pay for a period of or periods aggregating one month, together with any accumulated entitlement during the preceding 12 months, the employee shall not be entitled to any pay for the period he is absent from duty.


(iii) Where the period of absence in any instance exceeds one month, the contract of service shall be deemed to have been terminated without requiring further notice by the employer who shall thereby be relieved of any further obligation to the employee: Provided that any such period of incapacity may at the discretion of the employers, be regarded as leave without pay.

(iv) (a) Periods of service of less than one month shall not be included as service for the computation of such leave.

(b) Periods of service of one month and over shall be totalled and payment for sick leave computed on the total of such service during the year.

(v) (a) After ten continuous years service the employer shall pay to the employee on retirement due to age or ill health or in the case of his death to his dependants or his estate any balance of accumulated sick leave entitlement provided for in paragraph (b) of subclause (i) of this clause of which the employee has not availed himself.

(b) For the purposes of paragraph (a) of this subclause the accumulated sick leave entitlement shall be calculated on each completed month of service as from and including the first day of July 1967 from which shall be deducted all sick leave taken since that date.

14.—Long Service Leave. Employees shall be granted three months long

service leave after each seven years service, but periods of absence on long service leave shall not count as service qualifying towards the next grant of such leave.

15.—Transport. A bicycle in good order and condition shall be

maintained at Kwinana jetty for the use of the duty jetty superintendent. Provided that the jetty superintendent shall take all reasonable precautions to prevent this bicycle from being damaged or stolen.

16.—Record Book. The wages sheets of the Fremantle Port Authority

shall be open for inspection at head office by the Secretary of the Union upon reasonable notice being given of his desire to inspect same.

GAOL OFFICERS. Award No. 12 of 1968.


No. 641 of 1981. Between Western Australian Prison Officers Union

of Workers, Applicant, and Chief Secretary for the State of Western Australia, Respondent.

Before Mr Commissioner G. L. Fielding. The 23rd day of December, 1981.

Mr C. M. Brown on behalf of the Applicant. Mr J. N. Serich on behalf of the Respondent.

Reasons for Decision. THE COMMISSIONER: This is a claim to amend the wage rates prescribed under the Goal Officers' Award No. 12 of 1968. Initially the claim sought an increase in the order of six per cent in those wage rates but since then the Commission, by way of General Order, has increased the rates by $6.30 which the Applicant acknowledges must be taken into account.

The parties accept, as a general proposition, that the work of a base grade employee in this industry in each of the States is comparable. In the recent past the wages for employees under this Award have been struck by reference to a comparison of the rates operating in each of the other States. There is no direct nexus with any one State, nor, it is fair to say, is there a nexus based on a simple average of the rates applying in each of t he other States. In 1975 the Commission fixed a rate for the base grade employee which was approximately 1.8 per cent more than the average rate for the other States, (see (1975) 55 W.A.I.G. 1955.) In 1980 the Commission had before it a claim to increase the wage rate by 10 per cent but accepted that the Respondent's offer of a seven per cent increase was fair and reasonable and so fixed a rate which was marginally higher than the average of the other States (see (1980) 60 W.A.I.G. 1226). The Commission, on that occasion, rejected a submission put on behalf of the Applicant that the wage rates should be tied to those applying in New South Wales.

In a most expert fashion Mr Brown, on behalf of the Applicant Union, argued again that the wage rates under this Award should have a direct nexus with those prescribed for employees in New South Wales. His contention was that there was a "commonality" in the work in the two States and moreover, that the Victoria rates had re-established a nexus with those applying in New South Wales. The position had been re-established, he submitted whereby the rates applying in New South Wales could be taken as setting the standard for the rest of Australia. It was not enough to simply look at the quantum of the rates applying in the other States; regard should be had to the basis on which those rates were struck. Thus he suggested it was not appropriate to have regard to the rates in the other States where they were arrived at before the re- established nexus between the rates applying in New South Wales and Victoria. Mr Brown suggested this, as a reason why the averaging concept should not be used on this occasion to fix appropriate rate. Moreover, he argued that, in any event, the averaging concept was fraught with defects, not the least of which was the result produced by taking the average depended on the point in time when the average was taken and if everyone were to go by the average "you eventually chase your tail down the plughole". He tendered an interesting exhibit showing mathematically the inconsistencies of fixing wages on the basis of a simple average.

The Respondent, on the other hand, contended that little had changed since 1980 when the Commission last rejected much the same submissions as are now being put on behalf of the Applicant. On his behalf it was argued that there was little evidence to suggest that the New South Wales rate had become the accepted standard for the other States. In consequence of this the Respondent submitted that any increase in the rates should not exceed 1.14 per cent. This represents an increase of $3.15 in the maximum rate for the base grade being the difference between the existing rate and the average of the compositable rate in the other States.

I accept the proposition that the establishment of a direct nexus such as that proposed by the Applicant somewhat reduces the element of uncertainty in wage fixing and, in turn, gives rise to less cause for concern in the workplace. It does not follow however, that the appropriate nexus is one with the New South Wales rates. Again, Mr Brown's general criticisms of the concept of taking a simple average are well-founded, but simply highlight the fact that wage fixing is not, and can rarely be an exact science.

Despite the valiant efforts of Mr Brown I cannot see that it can be said that the New South Wales rate has been re-established as the standard for


employees in this industry even given that the rate payable in Victoria is now virtually identical with that payable in New South Wales. Given the "commonality" of the work of the employees in question in each of the States in the Commonwealth I do not agree that the time has come where the rates payable in the States other than Victoria and New South Wales can be disregarded. Those rates have not remained static so as to put in doubt their usefulness as a comparison. I am not prepared, at this time, in the information available, to assume that those rates will follow New South Wales or, as Kelly SC. put it in 1980 "if they do that equivalence will necessarily be achieved in a short time" (see the Gaol Officers' Award Case (1980) 60 W.A.I.G. 1226, 1227). There is still an element of speculation in the Applicant's arguments.

The comparative maximum rate for the base grade prison officer at the time of the hearing of these proceedings is as follows—

$ New South Wales 281.00 Victoria 281.00 South Australia 274.70 Queensland 276.70 Western Australia 275.20

The average weekly rate for States other than Western Australia is $278.35. Having regard to all of those rates and to the evidence of Mr Hill I think a fair and reasonable maximum rate for the base grade prison officer is $279.50 which is slightly more than the average as was the case in 1975 and again in 1980, but less than the New South Wales rate. It, would follow taking into account the $6.30 added by the Commission in November last, that the rate for the base grade Prison Officer prescribed under this Award should be—

$ 1st year 254.80 2nd year 266.30 Thereafter 279.50

The other rates should be adjusted accordingly and the parties are asked to prepare a schedule reflecting this decision, and a speaking to the minutes will be arranged when that has been done.


No. 641 of 1981. Between Western Australian Prison Officers Union

of Workers, Applicant, and Chief Secretary for the State of Western Australia, Respondent.

Order.

HAVING heard Mr C. M. Brown on behalf of the Applicant and Mr J. N. Serich on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders—

That the Gaol Officers' Award No. 12 of 1968 be amended in accordance with the following schedule, and that such variation shall have effect from the beginning of the first pay period commencing on or after 16th December, 1981.

Dated at Perth this 23rd day of December, 1981.

(Sgd.) G. L. FIELDING, [L.S 1 Commissioner.

Schedule. Clause 18.—Rates of Pay: Delete this clause and


(1) Total rates of pay per week: $ (a) Prison Officer—

1st year 254.80 2nd year 266.30 Thereafter 279.50

(b) Senior Officer— 1st year 305.20 2nd year 315.40

(c) Principal Officer— 1st year 344.20 Thereafter 356.20

(d) Industrial Officers— Group 1 1st year 284.30 Thereafter 291.50 Group 2 1st year 293.70 Thereafter 300.70 Group 3 1st year 305.20 Thereafter 315.40 Group 4 1st year 320.50 Thereafter 326.50 Group 5 1st year 332.60 Thereafter 337.50

(e) First Class Officer— In addition to the rates prescribed

by paragraphs (a) and (d) above, any officer attaining First Class status shall be paid additional $5.10 per week.

(2) Prison Officers: Shift and Weekend Penalty Loadings:—

In addition to the rates of pay prescribed in subclause (1) hereof, officers shall be paid the following allowances to compensate for shift and weekend work:—

Prison Officers: Group 1

Fremantle, Geraldton, $ p.w. 1st year 45.78 2nd year 49.30 Thereafter 52.37 First Class 53.39

Group 2 Albany, Bandyup, (Male and Female), Wooroloo, Pardelup, Kalgoorlie (inch Eastern Goldfields), Karnet, Brunswick, C. W. Campbell Remand Centre, Roebourne, Wyndham.

1st year 54.88 2nd year 57.99 Thereafter 61.13 First Class 62.42

Group 3 Broome, Bunbury, Barton's Mill, West Perth

1st year 61.29 2nd year 64.76 Thereafter 68.68 First Class 70.10

Senior Officers: Reception, C. W. Remand Centre

Campbell

1st year 14.73 Thereafter 15.20


Group 1 Bandyup (Males) Fremantle (Day Shift Mon-Fri) Eastern Goldfields (Female)

Group 2 Broome

1st year Thereafter

Group 3 Brunswick, Fremantle (any- day shift), Kalgoorlie, West Perth, Wyndham, Roebourne

1st year Thereafter

Group 4 Fremantle (any-day any shift) Geraldton

1st year Thereafter

Group 5 Albany, Bandyup (female), Bunbury, Karnet, Wooroloo, Pardelup, Kalgoorlie (incl. Eastern Goldfields), Barton's Mill, C.W. Campbell Remand Centre

1st year Thereafter

Principal Officers: C.W. Campbell Remand Centre

1st year Thereafter

Fremantle 1st year Thereafter

Industrial Officers: Grade 1

C.W. Campbell Remand Centre (Truck Drivers)

1st year Thereafter

Alternate Weekends 1st year Thereafter

Bandyup—Hobbies (Mon-Fri Afternoon Shifts)

1st year Thereafter

Grade 2 C.W. Campbell Remand Centre (Reception)

1st year Thereafter

Truck Driver 1st year Thereafter


Geraldton—Activities Officer 1st year Thereafter

Fremantle—Reception Room (day shift-every Sat)

1st year Thereafter

Grade 3 Activities/Hobbies

1st year Thereafter


Grade 4 Bunbury (Physical Education Instructor) Geraldton (Fishing Instructor)

1st year Thereafter

Fremantle—Assistant Cook Instructor

1st year Thereafter

Hospital Officers: 1st year Thereafter

Recreation Officers Grade 4 to Grade 5:

Bandyup 1st year Thereafter

Bunbury 1st year Thereafter

Fremantle 1st year Thereafter

Karnet 1st year Thereafter

Wooroloo 1st year Thereafter

Grade 5 Fremantle—Hospital Officer Cook Instructor

1st year Thereafter

58 43 60 43

49 25 51 16

26 30 27 25

71 07 73 48

53 91 56 10

GRAIN HANDLING (Country Receiva! Points and Transfer

Depots). Award No. 27 of 1968.


No. 12 of 1982. Between The Australian Workers' Union, West

Australian Branch, Industrial Union of Workers, Applicant, and Go-operative Bulk Handling Limited, Respondent.

Order. HAVING heard Mr N. Cinquina on behalf of the applicant and Mr A. J. Heelan 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 Grain Handling (Country Receival Points and Transfer Depots) Award No. 27 of 1968 be 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.I Commissioner.

24thFebruary, 1982} WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 269

Schedule. Clause 8.—Wages: Delete this clause and insert in

lieu:— 8.—Wages.

(1) The minimum rates of wages payable to employees covered by this award shall be as follows:—•

$ Receival Point Operator (Seasonal

Employee) 194.40 Receival Point Operator

(Other than Seasonal Employee)—

On commencement 209.40 After 6 months continuous

service 221.10 After 12 months continuous




service 234.90 Receival Point Operator Grade III

(when appointed by the employer) 238.00

Receival Point Operator Grade II (when appointed by the employer) 250.20

Receival Point Operator Grade I (when appointed by the employer) 266.30

Plant Operator (Transfer Depot)— On commencement 223.70 After 6 months continuous





service 249.20 Plant Operator Grade I (Transfer

Depot) (when appointed by the employer) 257.50

(2) Allowances (per week)—In addition to the minimum rates of wages as prescribed in subclause (1) of this clause—

(a) A Receival Point Operator shall be paid—

$ (i) if placed in charge of a

Receival Point and/or one or two other employees 9.55

(ii) if placed in charge of a Receival Point and three but not more than 20 other employees 14.75

(iii) while operating an End Loader 7.70

(b) A Leading Hand at a Transfer Depot shall be paid—

(i) if placed in charge of three but not more than 10 other employees 9.55

(ii) if placed in charge of 11 but not more than 20 other employees 14.75

(c) <i> A Leading Hand Country Maintenance Gang shall be paid 14.75

(ii) A Leading Hand Country ? Maintenance Gang with Hiab Licence shall be paid 19.60

The above allowances cover a week of five days. For periods of less than five days, on fifth of the applicable allowance shall be payable for each day.

(3) (a) An employee engaged on duties for which an allowance is prescribed for by subclause (2) of this clause if so engaged for any part of the ordinary working day, shall receive the allowance for the whole day.

(b) If an employee is engaged, during the ordinary working day, on duties for which more than one allowance is payable, he shall receive the higher allowance for the whole day.

(4) Wages shall be paid weekly on a day mutually agreed upon between the employer and the employee.

Clause 9.—Special Allowances: Delete this clause and insert in lieu:—

9.—Special Allowances. (1) All employees employed under this award

shall be paid an allowance of forty one point two five (41.25) cents per hour. This allowance covers any disabilities created by excessive dust, heat, height and the use and application of chemicals and insecticides.

(2) The allowance specified in (1) shall be in substitution for any allowances presently payable by reason of agreement, custom or usage.



Between the Australian Workers' Union, West Australian Branch, Industrial Union of Workers, Applicant, and Co-Operative Bulk Handling Limited, Respondent.

Order. HAVING heard Mr N. Cinquina on behalf of the Applicant and Mr A. J. Heelan 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 Grain Handling Terminals Award No. 26 of 1974 be 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.l Commissioner.

Schedule. Clause 10.—Special Rates: Delete this clause and

insert in lieu:— 10.—Special Rates.

(1) All employees employed under this award shall be paid an allowance of forty one point two five (41.25) cents per hour. This allowance covers any disabilities created by excessive dust, heat, height and the use and application of chemicals and insecticides.


(2) The allowance specified in (1) shall be in substitution for any allowances presently payable by reason of agreement, customer usage.

Clause 16.—Meal Money: Delete this clause and insert in lieu:—

16.—Meal Money. (1) Where an employee is required to continue

working after the commencement of the breakfast or tea period for more than one hour or is required to recommence working after the completion of such meal period he shall be paid an allowance of three dollars and thirty cents.

(2) If an employee, in consequence of receiving notification that is required to work overtime, has provided himself with a meal or meals and is not required to work overtime or is required to work less overtime than notified to the extent that a meal or meals provided is not required, he shall be paid three dollars and thirty cents for each meal not so required.

Clause 17.—Wages: Delete this clause and insert in lieu:—

17.—Wages. The minimum rates of wages payable to

employees covered by this award shall be as follows: (1) Rates (per week)—

Plant Operator $ On commencement 223.70 After 6 months continuous





service 249.20 Plant Operator Grade I

(when appointed by the employer) 257.50

Note: (i) The rates herein prescribed provide for

normal disabilities such as dust, working in confined spaces, height, etc., associated with the job.

(ii) Leading Hands: When appointed by the employer, shall be paid 25 cents per hour in addition to their ordinary wage rate.

(iii) When an employee is assigned to operate the main control panel or shipping gallery control panel at Albany he shall be paid $4.10 per shift or part thereof, in addition to his ordinary wage.

(iv) When an employee is assigned to operate the control panel at other terminals he shall be paid $2.75 per shift or part thereof, in addition to his ordinary wage.

(v) When an employee is assigned to operate the weighers at Albany he shall be paid $2.30 per shift or part thereof, in addition to his ordinary wage rate.

(vi) When an employee is assigned to operate the weighers at other terminals he shall be paid $1.35 per shift or part thereof, in addition to his ordinary wage rate.

(vii) When an employee is assigned to work in the cockpit at Geraldton, Esperance or Albany he shall be paid 70 cents per shift or part thereof, in addition to his ordinary wage rate.

(2) (a) The wage for the day shift shall be eight hours at the rate prescribed in subclause (1) of this clause.

(b) The wage for an evening and night shift shall be eight hours at the ordinary rate prescribed in paragraph (a) hereof with the addition of 55 per cent.

(3) Where an employee in any one day works the day shift and one or both of the evening or night shifts, or part of one or both, he shall be paid for the day shift at the rate set out in subclause (2) (a) of this clause and for the remaining shift or shifts at the rate set out in subclause (1) of this clause plus 50 per cent, for the first two hours and double this rate thereafter.

(4) Where an employee works both the evening and night shift or part of the night shift in succession he shall be paid for the evening shift at the rate set out in subclaue (2) (b) of this clause and for the night shift at the rate set out in subclause (1) of this clause plus 50 per cent, for the first two hours and double this rate thereafter.

(5) Where an employee in any one day works the night shift and the whole or part of the evening shift he shall be paid for the night shift at the rate set out in subclause (2) (b) of this clause and for the evening shift at the rate set out in subclause (1) of this clause plus 50 per cent, for the first two hours and double this rate thereafter.

(6) Where an employee works the evening or night shift and part of the day shift in any one day he shall be paid for the evening or night shift at the rate set out in subclause (2) (b) of this clause and for the day shift at the rate set out in subclause (1) of this clause plus 50 per cent, for the first two hours and double this rate thereafter.

(7) (a) When an employee works on a holiday as part of his ordinary weekly hours he shall be paid for eight hours at two and a half times the rate set out in subclause (1) of this clause but if the employer and the employee agree the employee shall be paid at time and one half times the rate with an additional day with pay at the day shift rate to be taken at a time which is convenient to both the employer and the employee.

(b) Subject to paragraph (c) hereof, where an employee works on a Saturday he shall, except as provided in Clause 14 be paid at double the rate set out in subclause (1) of this clause for work up till noon and two and a half times that rate for work thereafter.

(c) The minimum payment for work on a Saturday shall be four hours at double the rate set out in subclause (1) of this clause but—

(i) where work continues or recommences after noon this rate shall be increased by 25 per cent, in respect of such work;

(ii) where work commences after noon the minimum payment shall be four hours at two and a half times the rate set out in subclause (1) of this clause.


(d) Where an employee works on a Sunday or a holiday other than as set out in paragraph (a) hereof, he shall, except as provided in Clause 14 be paid for the time worked at double time and two and a half times respectively the rate set out in subclause (1) of this clause with a minimum of four hours.

(8) When an employee reports at the commencing time for the day shift for orders for duty and is instructed to commence at the commencing time for the evening shift on that day and so commences he shall be paid two hours' wages at the rate set out in subclause (1) of this clause and in addition shall be paid the rate for the evening shift as set out in subclause (2) (b) of this clause.

(9) The minimum wage rate for casual employees shall be the ordinary wage rate applicable to Plant Operator—on commencement with the addition of 17 and one half per cent. The resultant wage rate shall be divided by 40 to ascertain the hourly rate.

(10) (a) Where a casual hand is engaged for work during the day shift he shall be paid the hourly rate.

(b) Where a casual hand is engaged for work during the evening shift or night shift the hourly rate shall be increased by 55 per cent.

(c) Where a casual hand is engaged for work up to noon on a Saturday or on a Sunday the hourly rate shall be increased by 100 per cent.

(d) Where a casual hand is engaged for work after noon on a Saturday or a holiday pursuant to this award, the hourly rate shall be increased by 150 per cent.

(11) Where a casual hand in any one day works the day shift, and one or both of the evening or night shifts, or part of one or both, he shall be paid for the day shift at the hourly rate and for the remaining shift or shifts or part thereof at this rate plus 50 per cent, for the first two hours and double the hourly rate thereafter.

(12) Where a casual hand works both the evening shift and the night shift or part of the night shift in succession he shall be paid for the evening shift at the hourly rate plus 55 per cent, and for the night shift or part thereof at the hourly rate plus 50 per cent, for the first two hours and double the hourly rate thereafter.

(13) Where a casual hand in any one day works the night shift and the whole or part of the evening shift he shall be paid for the night shift at the hourly rate plus 55 per cent, and for the evening shift or part thereof at the hourly rate plus 50 per cent, for the first two hours and double the hourly rate thereafter.

(14) Where a casual hand works the evening or night shift and part of the day shift in any one day he shall be paid for the evening or night shift at the hourly rate plus 55 per cent and for the part of the day shift worked at the hourly rate plus 50 per cent, for the first two hours and double the hourly rate thereafter.

(15) Wages shall be paid weekly, on a day mutually agreed upon between the employer and the employee.

(General).



No. 573 of 1981.

Between Amalgamated Metal Workers and Shipwrights Union of Western Australia; 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, Applicants, and Anchorage Butchers Pty Ltd and Others, Respondents. Before Mr Senior Commissioner D. E. Cort.

The 22nd day of December, 1981.

Mr D. W. Skipworth on behalf of the Amalgamated Metal Workers and Shipwrights Union of Western Australian and the Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth.

Dr J. Crouch on behalf of the Australasian Society of Engineers, _ Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch.

Mr L. Girdlestone on behalf of the respondents.

Reasons for decision.

THE COMMISSIONER: This is an application by the Amalgamated Metal Workers and Shipwrights Union of Western Australia, the Australasian Society of Engineers, Moulders and Foundry Workers Industrial Union of Workers, Western Australian Branch and the Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth to amend the Metal Trades (General) Award No. 13 of 1965 with respect to the tool allowance prescribed in Part I—General and in Part II—Construction Work of the Award and with respect to Clause 14.—Special Provisions—State Energy Commission of Western Australia contained in the said Part II.

Tool Allowance. The claim to increase the tool allowance is not

opposed having regard to the circumstances which gave rise to the present allowance being prescribed in the Award. Special Provisions—State Energy Commission of Western Australia.

Under this heading the Unions seek to increase the additional allowances prescribed for construction workers engaged on work being carried out for the State Energy Commission at Kwinana and Muja (in Subclause (2)); the allowances for travelling and employment in construction work (in subclause (3)); the additional allowance when travelling home at the weekend (in subclause (4)); the living-out allowances prescribed for specified workers "living-out" (in subclause (5)), and the amount payable to a worker who proceeds to distant work and who, after three months' service, returns home (in subclause (6)). Each of these matters has been dealt with in decisions of the Commission dated 17th March, 1980 (60 W.A.I.G. 801) and 14th January, 1981 (61 W.A.I.G. 384) and it is convenient to discuss each such claim in the context of those decisions but, first, mention will be made of the claim that the employer should provide each employee with boots and overalls.


In 1980 such a claim was refused (60 W.A.I.G. 801 at p. 804) but since then a practice has developed on large construction sites whereby an amount of five cents per hour is payable as a footwear allowance. That will also be the case at the Muja and Kwinana sites of the State Energy Commission and it will be a condition of employment that safety footwear be worn.

Living-Out Allowances. The "living-out" allowances now prescribed in

subclause (5)' of Clause 14 were fixed by the Commission in March 1980. The circumstances which gave rise to these particular allowances are discussed, in some detail, in the March 1980 decision (at pages 801-3) and noting the intent of employers to provide more camp accommodation than was the case in 1980 it is perhaps desirable to repeat one section of that decision, namely—

... these allowances to apply only to those workers now in receipt of such payments in that the increases are not intended to bring about a change in present arrangements either by employers requiring workers to accept a payment in lieu of board or lodging or by workers leaving accommodation provided by the employer in order to obtain a payment. Having so stated, it is recognised however, that, in the particular circumstance, a worker may elect to be paid a living-out allowance and his employer may agree to such an arrangement. (At page 803.)

and the amounts prescribed will still apply only to those workers "living-out" on the 4th February, 1980.

The respondents raise a number of questions with respect to employees living-out or rather those employees who may desire to live out even though camp accommodation is available. With an expected increase in the number of persons to be employed on the Muja site it would be advisable for discussion between the parties on that aspect, but in the meantime, a relatively small number of employers are still in receipt of the 1980 allowances and, with increasing costs, those allowances should be reviewed. Otherwise, it is perhaps sufficient to state that in 1980 the living-out allowance was prescribed when "there (was) little, if any, accommodation available for 'permanemt residents' in the facilities in and around Collie and, generally, single room accommodation (was) not available" and when "the camps (were) filled to capacity". ,

According to the Australian Bureau of Statistics the consumer price index for Perth increased by 21 per cent in the food group and by 14 per cent in the housing group since December quarter 1979. In view of that change the allowances will be increased to $100 and $67 per week.

Fares and Travelling Allowance. In 1980 the fares and travelling allowance was

discussed at some length and one allowance was prescribed for a worker residing within a radius of 50 kilometres from the Muja Power Station and another for a worker residing outside that radial distance (at page 803). In 1981 the allowances were increased and particularly the one applicable to a worker residing outside a radius of 50 kilometres from the Muja Power Station. Again the allowance was subject to considerable discussion (at page 385 and at page 390).

It is claimed that this provision be altered by prescribing an additional allowance of $7.20 per day (in lieu of the $4.20 which presently applies) for a worker who resides outside a five kilometre radius from the Muja site and that the allowance of $12.25 fixed in 1981 for a worker residing outside a radius of 50 kilometres from Muja be increased to $15.00 per

day. In support of that claim the unions point to the allowance of $7.20 per day applicable to workers at the Worsley Alumina Refinery Construction Site, to like allowances applicable at Pinjarra and Wagerup and to an increase in costs and prices since the $12.25 was fixed.

The claim is refused.

Accepting there has been some change in costs and prices it is not desirable for one amount in this provision to alter and not the other. That other amount is tied, of course, to the all-embracing allowance which generally applies to workers on construction sites within a 50 kilometre radius of the G.P.O., Perth or other appropriate central points. It is for this reason, also, that I am not prepared to insert an intermediate band as claimed by the unions. Such bands have operated at Pinjarra for many years by agreement between the parties and may be said to have been introduced by consent at Wagerup. All this before January 1981. Since then the Australian Conciliation and Arbitration Commission, by decision dated 14th May, 1981, has recognised a like system of "banding" at Worsley stating—

Three alternatives were placed before the Commission and there was acceptance between the parties that a provision should apply. I accept Mr Grieg's argument that an agreement reached between parties should not be automatically awarded against another party who was not involved in those negotiations.

This is a very important principle because to do otherwise would greatly restrict the conciliation process and could make every new claim the subject of lengthy threshold argument of great moment. Further, it would mean that anything granted by one employer would become a precedent for all employers and conversely it could mean that any claim not pursued by one union in a matter should not be pursued by any union in any other matter. (My emphasis.)

That does not indicate the extent to which, if at all, the parties were in dispute with respect to "banding". That being the only change in circumstance I see nothing in that decision to persuade me to allow this claim. To the contrary, in context, that part of the decision by the Australian Commission which I have emphasised tends to support the respondent employers in this case.

Allowance for travelling home at the weekend.

Employees at Muja, travelling home generally to the Perth area at the weekend, are paid an allowance of $7.70 in addition to the $7.90 prescribed in Clause 7.—Distant Work in Part II of the Award. That allowance of $7.70 was fixed by the Commission in January 1981 (refer 61 W.A.I.G. 384 at p. 386 and p. 390) and it will be seen that the amount prescribed had regard to the car allowances set out in Part I.—General of the Award. Those allowances have not changed but transportation costs have increased, although not to anywhere the saipe extent as that reflected in the claim by the Unions.

An allowance of $8.50 will be prescribed to meet those increased costs.

Travelling to Distant Work.

The $23.00 which is paid now to a worker in the Perth area who proceeds to and returns from construction work at Muja was prescribed in the Award in January 1981 (see page 385). It will be noted that the concept of that allowance was introduced, initially, by agreement between the parties and that it was adjusted by the Commission


in 1981 and in my view the amount should again be adjusted as was the allowance for travelling home at the weekend.

Additional Allowances. In subclause (2) of Clause 14.—Special

Provisions—State Energy Commission of Western Australia there is prescribed an allowance of 20 cents per hour for tradesmen and one of 16 cents per hour for other workers engaged on construction work being carried out at Kwinana or Muja. The claim by the unions is that those allowances be increased to amounts of $24.00 and $20.00 per week respectively.

The existing allowances were introduced by the Commission in January 1981 (61 W.A.I.G. 384). At that time the Commission also reviewed the wage rates applicable to workers on construction work at large and reference was made to a previous attempt to obtain a special rate for construction work at Muja, to the background to rates of pay then in force for work on construction sites and to rates applicable on certain construction sites in the State. With respect to construction work being carried out for the State Energy Commission it was said—

It is in the interests of the community as a whole and of such importance to the welfare of the State that work for the State Energy Commission be distinguished from construction work at large. The drift of labour away from the Muja site is noted and to adapt a submission by the union—with the construction of a new alumina refinery and other projects, sufficient generating power needs to be available to service industry and the community. On the other hand, and in the ultimate, increased construction costs will be borne by the community as a whole and to introduce an additional payment of this kind may be to damage the fundamental concept upon which construction rates have been determined.

The Commission is also conscious of what has been said by the union with respect to the daily travelling allowance and the allowance for workers returning home at the weekend, but it would be foolhardy for this Commission to embark on a course in an endeavour to "compete" with the Alcoa project, for example, for labour. The obligation of the Commission is to fix fair and reasonable rates and conditions of employment in the interests of all and I here include the community as a whole.

I am persuaded that work on power stations should be treated as being in the special case ... (At page 390.)

On this occasion the unions submit that the increases in wage rates on other construction sites and in fabrication shops since January 1981 requires these rates to be increased. For their part the employers also point to the additional allowances on other construction sites and to the fact that more often than not the same allowance applies to both metal trades and building workers.

A number of matters raised by the unions really go to the rate of pay in Clause 10.—Wages in Part II—Construction Work of the Award, rather than to the additional rates prescribed in Clause 14. However, without doubt, the rates in Clause 14 require adjustment but in the context of what was said by the Commission as presently constituted in January 1981 and in the absence of an appreciation by inspection or otherwise of conditions on site I am not prepared to assess additional allowances. It is suggested that the parties confer in an endeavour to resolve any difference which may now exist.

The minutes of the proposed Order will now issue.


No. 573 of 1981. Between Amalgamated Metal Workers and

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

Order. HAVING heard Mr D. W. Skipworth on behalf of the Amalgamated Metal Workers and Shipwrights Union of Western Australia and the Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth, Dr J. Crouch on behalf of the Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch and Mr C. B. Parks and Mr L. Girdlestone on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Metal Trades General Award No. 13 of 1965 be 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 22nd day of December, 1981.



Schedule. Clause 14.—Special Provisions—State Energy

Commision of Western Australia: Delete this clause from Part II—Construction Work and insert in lieu:— 14.—Special Provisions—State Energy Commission

of Western Australia. (1) This clause shall apply to any worker

otherwise covered by this part of the award who is engaged on work being carried out for the State Energy Commission of Western Australia at Kwinana or Muja.

(2) In addition to the wage otherwise payable to a worker pursuant to the provisions of Part II—Construction Work of this award a worker (other than an apprentice) shall be paid—

(i) 82.5 cents per hour for each hour worked if employed at Muja.

(ii) a safety footwear allowance of five cents per hour for each hour worked to compensate for the requirement to wear approved safety footwear which is to be maintained in sound condition by the worker. A failure to wear approved safety footwear or to maintain it in sound condition as determined by the employer shall render the worker liable to dismissal.

(3) (a) A worker to whom Clause 6.—Allowance for Travelling and Employment in Construction Work of this part applies and who is engaged on construction work at Muja shall be paid—

(i) an allowance of $4.20 per day if he resides within a radius of 50 kilometres from the Muja Power Station;


(ii) an allowance of $12.25 per day if he resides outside that radius—

in lieu of the allowance prescribed in the said clause. (b) Where transport to and from the job is supplied

by the employer from and to a place mutually agreed upon between the employer and the worker half the above rates shall be paid provided that the conveyance used for such transport is equipped with suitable seating and weather proof covering.

(4) In addition to the allowance payable pursuant to subclause (6) of Clause 7.—Distant Work of this part a worker to whom that clause applied shall be paid $8.50 on each occasion upon which he returns home at the weekend but only if—

(a) he has completed three months' continuous service with the employer;

(b) he is not required for work during the weekend;

(c) he returns to the job on the first working day following the weekend;

(d) the employer does not provide or offer to provide suitable transport

and such payment shall be deemed to compensate for a periodical return home at the employer's expense.

(5) Where on the 4th day of February, 1980, a worker had been engaged or selected or advised by his employer to proceed to construction work at Muja at such a distance that he could not return to his home each night, and the worker did so and that is still the case, the worker shall be paid—

(a) a living-out allowance at the rate of $100.00 per week to meet the expenses reasonably incurred by him for board and lodging; or

(b) a living-out allowance at the rate of $67.00 per week to meet the expenses reasonably incurred by him for the provision of food

but only if, on the 4th day of February, 1980, he was paid a living-out allowance by his employer for either one of those purposes. A payment under this subclause shall be deemed to be a compliance with the provisions of subclause (1) of Clause 7.—Distant Work of this part.

(6) A worker to whom Clause 7.—Distant Work of this part applies and who proceeds to construction work at Muja from his home where located within a radius of 50 kilometres from the General Post Office Perth—

(a) shall be paid an amount of $25.50 and for three hours at ordinary rates in lieu of the expenses and payment prescribed in subclause (3) of the said clause; and

(b) in lieu of the provisions of subclause (4) of the said clause, shall be paid $25.50 and for three hours at ordinary rates when his services terminate if he has completed three months' continuous service

and the provisions of subclause (3) and subclause (4) of Clause 7.—Distant Work of this part shall not apply to such worker.




Nos. 528 and 535 of 1981. Between The West Australian Timber Industry

Industrial Union of Workers, South West Land Division, Applicant, and W.A. Chip and Pulp Co. Pty Ltd and Others, Respondents.

Before Mr Commissioner G. G.Halliwell.

The 8th day of December, 1981. Mr K. C. Caimanos on behalf of the Applicant. Mr B. P. McCarthy on behalf of the Respondents.

Reasons for Decision. THE COMMISSIONER: These are applications to vary the Timber Workers' Award No. 36 of 1950 and the Woodchip Industry Award No. 21 of 1976 with respect to Clauses 12, 18, 20, 26 and 31.

During the proceedings the appropriate amendment to Clause 20.—Payment of Wages, was agreed to by the parties and the Commission will reflect their consent in the variation.

With due respect to the Union, the claims made for variation, with two exceptions dealt with later herein, seek to depart from the long-established "basis upon which the Award was erected". The Commission has, over many years, consistently held that in deciding a disputed application to vary it will follow "the basis upon which an award was erected whether that basis was arrived at by negotiation between the parties or arbitration by the Commission".

In the present case Mr McCarthy, in opposing the claims, stated, inter alia:—

MR McCARTHY: One thing I would raise—and I think it very pertinent to these proceedings in relation to all of the claims that we have before us and also really, with other applications that the union does have outstanding in some six other areas of the award—is that this award, the parent award at least, the Timber Industry Award, was issued, if not in 1950, thereabouts. The practice that has been adopted by particularly, the union party to the award over the years has been one of amending the award and generally bringing it into line with, if not State standards, provisions applicable to the timber industry in the Federal timber industry award.

That has been the practice not only with the awards you have before you today but also with other awards that have been before you in recent times, relating to the, in inverted commas, timber industry in the metropolitan area.

We have indicated to the union party to those other proceedings and also to the union party to these proceedings that it is the intention of the respondents to these and the other proceedings to pursue a new award, that new award to apply—If it does eventuate it will be sought to have that award apply to the whole of the timber industry.

It is anticipated that the respondents will be filing the award this month or the application for the new award. (Transcript pp. 22, 23.) (Emphasis mine.)


A reading of the decisions of the Commission to which reference was made confirms the abovequoted submission. In the result, the variations sought are, with two exceptions, refused.

Clause 18.—Meal Break and Rest Periods. The Union seeks an extension of the tea-breaks

from seven to 10 minutes each morning and afternoon. In support, it was said by Mr Caimanos, inter alia:—

Second, in our submission, it is already an established practice to have breaks of ten minutes or longer, in various industries (and in particular m~ parts of the timber industrvT. particularly in the bush operations where, of course, they are not held to whistles and that sort of thing and they can sit down on a log and have breaks of reasonable duration as suits themselves—dependent on the arrival of log trucks and the like. Similarly, in various saw mills in the south west, meal breaks of ten minutes or longer are accepted practice. It is true to say that generally these are the mills which operate on piecework incentive schemes. In other words, there is a situation applying where it is the employee himself who is costing himself money if he has excessive tea breaks because he does not produce to reach the incentive tallies to give him a figure above his base level wages.

I mention that in particular because, from the examples of those situations which do exist in mills such as Millars at Nannup, which is a fairly major mill, there appears to be no reason to suppose that productivity is in any way adversely affected by such a small increase in relief periods as the improved morale and rejuvenated drive appears to more than compensate. Where you have a situation where the employees have an incentive, such as applies at those mills, seven, 10 or 15-minute tea breaks do not seem to have any noticeable effect on productivity. (Transcript page 8.) (Emphasis mine.)

The tea-breaks were included into the award, by consent, as the following submission on behalf of the respondents demonstrates:—

Nevertheless, because the practice had become a custom in the industry, employers opted to insert the provision for both a morning and an afternoon tea break of seven minutes, in the award by consent, in 1976.

The workers under these awards, we believe, are already amply catered for as far as tea breaks are concerned. I will present to the Commission.... (Transcript p. 27/28.)

In the result, the Commission considers that a reasonable period, in this industry, is 10 minutes and the award will be varied accordingly.

Clause 31.—Allowances, subclause (5). This subclause was originally placed into the award

by the Commission (Collier C) 59 W.A.I.G. at 1513 and the amounts then prescribed were increased, for reasons given, by the Commission as presently constituted (60 W.A.I.G. 2156). In the second of the abovementioned decisions the Commission adopted an "in proportion" method of adjustment with respect to the matter of the two disability allowances. On this subject Mr McCarthy stated that:—

The proportion of $5.00 to $8.10 has, we believe, inadvertently been increased. If the same amount were to apply to future increases for both categories then the proportion would alter again. We belive that that will create an anomalous situation and, therefore, the $5.00 to $8.10 or, now, the $6.10 to $9.20 relativity or

proportion should remain. That would create, instead of $6.90, a figure of $6.60.

What I am saying now is that as that is past the increase from $9.20 to $10.00 is, in effect, 8.7 per cent. That increase should be applied to paragraph (d)—$6.10—which would give you $6.60. In other words, $9.20 to $10.00 is an 8.7 per cent increase and $6.10, applying that same percentage increase, would give vou $6.60. That would mean, in effect, that the $6.10 to $9.20 proportion would be retained if the amount went to $6.60. (Transcript page 38.) (Emphasis mine.)

This approach correctly reflects the Commission's original intention and the award will be amended accordingly.


No. 535 of 1981. Between the West Australian Timber Industry

Industrial Union of Workers, South West Land Division, Applicant, and Bunning Bros Pty Ltd and Others, Respondents.

Order. HAVING heard Mr K. C. Caimanos on behalf of the Applicant and Mr B. P. McCarthy on behalf of the Respondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Timber Workers' Award No. 36 of 1950, as varied and consolidated, be further varied in accordance with the following schedule and that such variation shall have effect in respect to Clause 31.—Allowances as from the beginning of the first pay period commencing on or after the 19th day of January, 1982, and in respect to all other variations on and from the 8th day of February, 1982.


(Sgd.) G. G. HALLIWELL, [L.S.] Commissioner.

Schedule. 1. Clause 18.—Meal Breaks and Rest Periods:

Delete subclause (2) (a) of this clause and insert:— (2) (a) A rest period of 10 minutes from the

time of ceasing to the time of resumption of work shall be allowed each morning and afternoon, or in the case of a shift worker in each of the first and second parts of the shift.

2. Clause 20.—Payment of Wages: Delete subclause (2) of this clause and insert:—

(2) Payment of wages shall commence five minutes prior to the lunch break or knock-off as the case may be on each pay day. Any worker kept waiting for payment of wages for more than 10 minutes after normal finishing time shall be paid at ordinary rates for all time spent waiting for payment of wages.

3. Clause 31.—Allowances: Delete subclause (5) and insert:—

(5) Disability Allowances. Workers shall be paid an allowance in

accordance with the following— (a) Workers employed in bush or logging

operations (other than log truck drivers)—at the rate of $10.00 per week.

16851—5


(b) Workers employed in or in the immediate vicinity of sawmills, and log truck drivers—at the rate of $6.60 per week.

(c) The allowance shall be paid during overtime but shall not be subject to penalty additions.


No. 528 of 1981. Between the West Australian Timber Industry

Industrial Union of Workers, South West Land Division, Applicant, and WA Chip & Pulp Co. Pty Ltd and Others, Respondents.

Order. HAVING heard Mr K. C. Caimanos on behalf of the Applicant and Mr B. P. McCarthy on behalf of the Respondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the Wood Chip Industry Award No. 21 of 1976 as varied, be further varied in accordance with the following schedule and that such variation shall have effect in respect to Clause 29.—Allowances as from the beginning of the first pay period commencing on or after the 19th day of January, 1982 and in respect to all other variations on and from the 8th day of February, 1982.


(Sgd.) G. G. HALLIWELL,

[L.S.I Commissioner.

Schedule. 1. Clause 18.—Meal Breaks and Rest Periods:

Delete subclause (2) (a) of this clause and insert:— (2) (a) A rest period of ten minutes from the

time of ceasing to the time of resumption of work shall be allowed each morning and afternoon, or in the case of a shift worker in each of the first and second parts of the shift.

2. Clause 20.—Payment of Wages: Delete subclause (2) of this clause and insert:—

(2) Payment of wages shall commence five minutes prior to the lunch break of knock-off as the case may be on each pay day. Any worker kept waiting for payment of wages for more than 10 minutes after normal finishing time shall be paid at ordinary rates for all time spent waiting for payment of wages.

3. Clause 29.—Allowances: Delete subclause (5) and insert:—

(5) Disability Allowance. Workers shall be paid an allowance in

accordance with the following— (a) Workers employed in bush or logging

operations (other than log truck drivers)—at the rate of $10.00 per week.

(b) Workers employed in or in the immediate vicinity of sawmills, and log truck drivers—at the rate of $6.60 per week.

(c) The allowance shall be paid during overtime but shall not be subject to penalty additions.



Between The Western Australian Timber Industry Industrial Union of Workers, South West Land Division, Applicant, and Running Bros Pty Ltd and Others, Respondents.

Order. HAVING heard Mr K. C. Caimanos on behalf of the Applicant and Mr B. P. McCarthy 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 Timber Workers' Award No. 36 of 1950, as varied and consolidated, be further varied in accordance with the following schedule and that such variation shall have effect in respect to Column 1 as from the beginning of the first pay period commencing on or after the 19th day of January 1982 and in respect to Column 2 as from the beginning of the first pay period commencing on or after the 1st day of June, 1982.


(Sgd.) G. G. HALLIWELL, [L.S.I Commissioner.

Schedule. Item 1: Schedule 1.—Rates of Pay: Delete

subclause (1) and items (1) to (43) inclusive and (46) of subclause (2) of this schedule and insert in lieu:—

Rates of pay per week. Adult Workers

Column Column 1 2 $ $

Group A 239.60 254.00 Group B 232.40 246.40 Group C 222.00 235.40 Group D 217.30 230.40 Group E 211.30 224.00 Group F 208.80 221.40 Group G 205.90 218.30 Group H 202.10 214.30 Group 1 196.90 208.80 Group J 191.20 202.70

Group Column Column

1 2

(1) Breaking Down Saws: (a) Sawyers planking out

and Hitching to size with fully mechanised unit

(b) Sawyers as in (a) other than operating a fully mechanised unit

(c) Sawyers other than (a) or (b)

(d) Assistants including bookman other than item (e)

235.30 249.50

(e) Hookman who in addition operates chain or other power driven saw

(f) Log measurer (2) Benchman:

(a) No. 1 (b) No. 2 (c) No. 3 (d) No. 4

(3) Stubedger


GROUP Column Column

1 2 (4) Dockers—Log Sawmilling Section:

(a) Responsible man at main docker F F

(b) Tallyman at main docker G G

(c) Dockerman at main docker... H H

(d) Responsible man at No. 2 Bench Docker F F

(e) Tallyman at No. 2 Bench Docker G G

(f) Dockerman at No. 2 Bench Docker H H

(g) Responsible man other dockers H H

(h) Tallyman other dockers I I

(i) Dockerman other dockers I I

For the purpose of this clause where the only timber fed to the No. 2 bench is from the No. 1 bench and that timber is not equal in amount to that handled by the No. 1 bench then "No. 2 Bench Docker" shall be deemed to be "other docker".

(5) Pullers-out and/or Assistants on No. 1 Bench:

(a) Single handed on dead or hand propelled roller E E

(b) Double handed as in (a) G G

(c) Friction Feed G G (6) Pullers-out and/or Assistants

on No. 2 and 3 Bench I I (7) Power driven cross cut

sawyer other than docking

(8) Mill or Yard Hand (9) Kiln Attendant

(10) Kiln Operator (11) Rosser Head Debarter

Operator (at sawmill) (12) Saw Doctor (13) Saw filer or Sharpener:

(a) circular saws (b) band saws

(14) Stackers: (a) for seasoning by

means of stripping or other recognised method

(b) block stacker of timber, plywood or veneer

(c) pulling off sleepers or sawn timber with a cross section greater than 25 000 square millimetres

(d) pulling off sawn timber—other

(15) Tallyman (other than Docker): (a) Responsible for

making up orders (b) Others

(16) Watchman

(17) Dockerman—Machining section:

(a) who grades or selects timber for joinery or machining

(b) other (18) Wood-Machining Section:

(a) Shaper (b) Flooring machinist—

fast feed (c) Fast feed sizer (d) Moulding machinist or

two, three or four sider planer—

(i) who is required to set up his machine and grind his knives and cutters and then only from such time as he is required so to act

(ii) who is not required to grind his knives and cutters but is at any time required to set up his machine and then only from such time as he is required so to act

(iii) who is not required to grind his knives and cutters or set up his machine

(e) Buzzer— (i) when required

to do other than planing one face and squaring edge, and who is required to set up his own machine and grind his knives and cutters, and then only from such time as he is required so to act

(ii) who is required to set up his own machine and grind his knives and cutters and then only from such time as he is required so to act

(iii) who is not required to grind his knives and cutters but is at any time required to set up his machine and then only from such time as he is required so to act


(f) Tenoner— (i) who is required

to set up his machine and grind his knives and cutters and then only from such time as he is required so to act

(ii) who is not required to grind his knives and cutters but is at any time required to set up his machine and then only from such time as he is required so to act

(iii) who is not required to grind his knives and cutters or set up his machine

(g) Fret sawyer or detail band sawyer (if full time employed)

(h) Thicknesser— (i) who is required

to set up his own machine and grind his knives and cutters and then only from such time as he is required so to act

(ii) who is not required to grind his knives and cutters, but is at any time required to set up his machine and then only from such time as he is required so to act

(i) Sand Paper— (i) Working double

machine (ii) Working other

machine (j) Chain Morticer—

Morticer: Finger Jointer:

(i) who is required to set up his machine or grind his knives and cutters, and then only from such time as he is required so to act

(ii) who is not required to grind his own knives and cutters or set up his mach-

Group Column Column

1 2

E E

F F

F F

G G

E E

F F

(k) Grader behind fast feed flooring machine..

(1) Grader and feeder, fast feed or mosaic flooring machine

(m) Tailer-out four sided planing machine

(n) Floor sanding machine (o) End Matcher—

(i) who is required to set up his own machine and then only from such time as he is required so to act

(ii) who is not required to set up his machine..

(19) Mill waste chipper attendant. (20) Beam squarer using broad

axe or adze (21) Belt repairers whilst so

engaged other than machinist or sawyer repairing his own belts

(22) (a) Carpenters and/or joiners

(b) Carpenters labourer (on site workers)

(c) Carpenters Bush (23) Faller (24) Faller—trainee:

(a) during first month (b) thereafter

(25) Sleeper loader or turner loading sleepers over 1.52 metres from truck level or lower

(26) Boom Arm Loader Operator: (a) Up to 20 000 lb. lifting

capacity (b) Over 20 0001b. lifting

capacity (27) Mill cleaner (28) Mill greaser (29) Millwright (30) Railway construction and

maintenance and/or repair: (a) Fettlers engaged in

maintenance or repair. (b) Platelayers

(31) Sanitaryman (32) Splicer (33) Spotters:

(a) Circular saw (b) Vertical saw

(34) Swamper (logging with tractor) ;

(35) Mechanised transfer operator (36) Truck repairer (37) Truck examiner (38) Operator electrical overhead

traverser (39) Truck stowers

(a) Responsible man in truck

(b) Others (40) Driver of logging tractor (41) Crane or Fork lift assistant.... (42) Chain saw operator (bush):

(a) other than faller (b) engaged on salvage

operation

H H

B B

235.60 235.60

195.00 195.00 201.10 201.10 250.50 265.60

I I

238.10 252.40

241.00 255.50 J J

213.90 226.80 B B

I I I I

219.20 232.40 206.80 219.20

206.20 218.60 H H

212.30 225.10 I I

201.80 213.90

207.10 219.60 I I

B B I I

250.50 265.60


Group Column Column

1 2

(43) Crawler Tractor Operators (a) Up to and including

Class 3 without power operated attachments Up to Class 2 with power operated attachments 228.90 242.80

(b) Class 4 and 5 without power operated attachments Class 3 and 4 with power operated attachments . 234.90 249.00

(c) Above Class 5 without power operated attachments Class 5 and 6 with power operated attachments . 238.10 252.30

(d) Above Class 6 with power operated attachments 241.00 255.30

(46) Tractor using power operated attachments:

(a) 35 b.h.p. and under 207.60 220.10 (b) Over 35 b.h.p. and

under 70 b.h.p 212.70 225.50 (c) Over 70 b.h.p. and

under 130 b.h.p 216.30 229.30 (d) Over 130 b.h.p. and

under 230 b.h.p 218.30 231.30 (e) Over 230 b.h.p 219.10 232.30

TRANSPORT WORKERS (Eastern Goldfields Transport

Board.) Award No. 23 of 1976.


No. 753 of 1981. Between Transport Workers' Union of Australia,

Industrial Union of Workers, Western Australian Branch, Applicant, and Eastern Goldfields Transport Board, Respondent.

Order. HAVING heard Mr J. Gerritsen on behalf of the applicant, and Mr J. Birman 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 "Transport Workers' (Eastern Goldfields Transport Board)" Award No. R23 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 26th day of January, 1982.



Schedule. 1. Clause 7.—Meals: Delete this clause and insert

in lieu:— 7.—Meals.

(1) No employee shall work more than five and a quarter hours without receiving a meal break of not less than 40 minutes.

(2) Any employee required by the employer to work more than five and a quarter hours without a meal break shall be paid overtime rates until he receives such meal break.

(3) Subject to the provisions of subclause (4) of this clause, an employee required to work overtime for more than one and a half hours shall be supplied with a meal by the employer or be paid $2.50 for a meal, and if owing to the amount of overtime worked, a second or subsequent meal is required, he shall be supplied with each such meal by the employer or be paid $2.00 for each meal so required.

(4) The provisions of subclause (3) do not apply—

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

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

2. Clause 34.—Wages: Delete this clause and insert in lieu:—

34.—Wages.

The following shall be the minimum rates of wages payable to employees covered by this award:

Per week

$ (1) Adult Omnibus Driver—

First year of service 255.50 Second year of service 259.50 Third year of service and

thereafter 263.00 (2) A leading hand shall be paid at a rate

exceeding the highest rate of employees he supervises by an amount of $10.70 per week.

WOODCHIP INDUSTRY. Award No. 21 of 1976.


No. 971 of 1981. Between The West Australian Timber Industry

Industrial Union of Workers, South West Land Division, Applicant, and WA Chip and Pulp Co. Pty Ltd and Others, Respondents.

Order. HAVING heard Mr K. C. Caimanos on behalf of the Applicant and Mr B. P. McCarthy 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 Wood Chip Industry Award No. 21 of 1976 as varied, be further varied in accordance with the following schedule and that such variation shall have effect in respect to Column 1 as from the beginning of the first pay period commencing on or after the 19th day of January 1982 and in respect to Column 2 as from the beginning of the first pay period commencing on or after the 1st day of June, 1982.




Schedule. Item 1: Schedule 1 Rates of Pay: Delete subclause

(1) and items (1) to (30), (33), (39), (40) and (41) of subclause (2) of this schedule and insert in lieu thereof the following:—

1. Adult Workers:— Rates of

Pay per week. Column Column

1 2 Group A 239.60 254.00 Group B 232.40 246.40 Group C 222.00 235.40 Group D 217.30 230.40 Group E 211.30 224.00 Group F 208.80 221.40 Group G 205.90 218.30 Group H 202.10 214.30 Group 1 196.90 208.80 Group J 191.20 202.70

2. Classifications:—

(1) Hookman on operating saw

(2) Log Measurer (3) Mill or Yard Hand. (4) Saw Doctor

Group. Column Column

1 2

landing

(5) Saw Filer or Sharpener:- (a) Circular Saws C C (b) Band Saws B B

(6) Watchmen H H (7) Conveyor Operator B B (8) Chipper or Feed Operator B B (9) Rail Truck Loader Attendant C C

(10) Chip Screen Attendant E E (11) Chip Tester E E (12) De-Barker Operator B B (13) Log Washer I I (14) Mill Waste Chipper

Attendant H H (15) Pulpwood Cutter and/or

Splitter H H (16) Splitting Machine, Log

Operator F (17) Weighbridge Attendant B (18) Twin Saw Operator B (19) Grinder where principal duty

is grinding knives and cutters: (i) Tradesman

(ii) Other (20) (a) Carpenter and/or Joiners

(b) Carpenters labourer (c) Carpenters Bush

(21) Faller (22) Faller—trainee:—

(a) during first month (b) thereafter

(23) Mill Cleaner (24) Mill Greaser (25) Millwright

(26) Swamper (logging with tractor)

(27) Driver of logging tractor (28) Crane or Fork Lift Assistant.. (29) Chain Saw Operator (Bush):—

(a) other than faller (b) engaged in salvage

operation (30) Crawler Tractor Operators:

(a) Up to and including Class 3 without power operated attachments

235.60 235.60 195.00 195.00 201.10 201.10 250.50 265.60

F D J

213.90 226.80 B +

$7.30

206.20 218.60 B I

250.50 265.60

228.90 242.80

Up to Class 2 with power operated attachments 228.90 242.80

(b) Class 4 and 5 without power operated attachments 234.90 249.00 Class 3 and 4 with power operated attachments 234.90 249.00

(c) Above Class 5 without power operated attachments 238.10 252.30

(d) Class 5 and 6 with power operated attachments 241.00 255.30

(33) Tractor using power operated attachments: (a) 35 bhp and under 207.60 220.10 (b) Over 35 bhp and under

70 bhp 212.70 225.50 (c) Over 70 bhp and under

130 bhp 216.30 229.30 (d) Over 130 bhp and under

230 bhp 218.30 231.30 (e) Over 230 bhp 219.10 232.30

(39) Junior Workers: Between 16 and 17 years of

age 86.00 91.20 Between 17 and 18 years of



age 191.20 202.70 (40) Apprentices:

Sawdoctor and Other Millwright

First year 116.20 + 3.65 123.20 Second year 139.40 + 4.38 146.40 Third year 174.30 + 5.48 184.80 Fourth year 109.20 + 6.57 221.80

(41) Leading Hand: In charge of 3-10

workers—extra 10.70 In charge of 11-20

workers—extra 16.30 In charge of over 20

workers—extra 21.10

R.A.C. PATROLMEN'S Award No. 19 of 1980.


No. 205 of 1981. Between R.A.C. Patrolmen's Association of Western

Australia, Union of Workers, Applicant, and Royal Automobile Club of Western Australia (Incorporated), Respondent.

Order. HAVING heard Mr N. J. Strangeway on behalf of the applicant and Mr L. E. Stavill on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That this application be struck out. Dated at Perth this 17th day of December, 1981.

(Sgd.) D. CORT, fL.S.l Senior Commissioner.


TRANSPORT WORKERS (General).



No. 739 of 1981. Between Transport Workers Union of Australia,

Industrial Union of Workers, Western Australian Branch, Applicant, and Australian Glass Manufacturers Co. and Others, Respondents.

Before Mr Commissioner G. G. Halliwell. The 22nd day of January, 1982.

Mr J. Gerritsen on behalf of the applicant. Miss S. Pecker on behalf of the Western Australian

Egg Marketing Board. Mr G. A. Black on behalf of all other respondents.

Reasons for Decision. THE COMMISSIONER: This is an application to amend the Transport Workers (General) Award No. 10 of 1961 with respect to Clause 7.—Wages by the inclusion of a new subclause (7) Airconditioning Allowance of $15.00 per week. The background to the claim is best summarised from Mr Gerritsen's submissions.

May it please the commission, this application results from a decision arising out of application 438 of 1979. Throughout that case the union argued for a blanket implementation of air conditioning on trucks. At no stage during those proceedings did the union argue for money compensation. The Transport Workers Union desired to have the disability removed.

Overall the decision 438 of 1979 and the resultant award amendment does not, in the short term, remove the disability. Furthermore in the long term, for a substantial number of transport workers, the disability is unlikely to be removed. If the disability cannot be removed either in the short term or the long term, adequate compensation has to be considered. The transport workers intend, within the body of this submission, to provide argument for that level of compensation.

The union submits that before any money is awarded we have to consider some factors: One—what is the level of disability and how does it compare to similar payments in other industries; and two—will the payment affect an economic incentive for air conditioning.

The union still wishes to see every attempt to remove the disability at all possible. If the cost difference between putting in air conditioners or paying an allowance is minimal, employers will not find it so necessary to avoid air conditioning in those grey areas of decision in No. 438 of 1979.

If the economic incentive to avoid air conditioning is removed there are likely to be more air conditioners required and it is therefore more likely to help the move to have air conditioners standard in commercial vehicles. This trend would help reduce air conditioning costs through economies scaled to the whole industry.

The respondent's opposition to the claim was expressed by Mr Black, inter alia, in the following terms—

The fact of the matter is that those drivers who will be excluded, in the sense that the vehicles they drive are not provided with an air conditioning unit, are only exposed to heat occasionally, and even then it is natural heat and

not artificial heat. I will attempt to draw that distinction in due course. In fact those vehicles which are excluded have drivers who are not in their vehicles driving for long periods; they are in and out of the vehicles. They may be unloading; they may be in the clients premises; they may be driving their vehicles for short periods. However, they are not exposed to natural heat for an excessive period, in my view.

In fact the driving period of their duties, as came out in evidence in application 438 of 1979, was considered to be on occasions only about two hours a day.

I am quite certain in my mind that the commission at no time contemplated a monetary compensation for drivers of vehicles where the provision of an air conditioning unit was not warranted.

The fact of the matter is that industrial tribunals have only awarded additional allowances for hot work or for heat disability where the worker is exposed to abnormal conditions and where the temperature is raised by artificial means above a certain point.

Again tribunals have consistently indicated that where the conditions under which employees work are purely incidental to that particular industry then those conditions are taken into account in the assessment of the award wage rate.

In our view, as I have already indicated, this application is purely a device for increasing the general rate for truck drivers in the long term. If you like it is a back-handed way to pick up more money. There are no other State or Federal transport awards of which I am aware where there is described a heat disability allowance with general application or, indeed, one with specific application.

Purely in terms of comparative conditions justice it would be our submission that that is a factor that the commission should take into account.

The submissions I am making here, of course, are simply to try and reinforce the fact that it is a consideration which ought to, and should have been, taken into account in the assessing of the actual wage rate payable under the award to classifications under the award.

I would say that his use of the National Building Trades Construction Award which is the area you are referring to, to support his statement, is also equally irrelevant to. the work which is carried out by a truck driver or a van driver under the provisions of this award.

It is just something that I see no reason to take note of.

We would stress the fact that in this application the union is asking for an allowance for simply performing duties in the outside environment—in climate which is peculiar to this state. That simply cannot be justified on the basis on which special allowances for hot work or exposure to a heat disability have been assessed by various tribunals, including this tribunal, in the past.

The Commission in its reasons for decision in the "Airconditioning case" (61 W.A.I.G. 1755 at 1759) stated inter alia—

The Commission has, in these reasons, used the word "truck" deliberately, because the material and inspections plainly show that smaller vehicles used for delivery work where there are a substantial number of short duration stops for small order deliveries, pickups, etc. do

282 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 124th February, 1982

not warrant the provision oi air conditioning. This is not because there is no heat disability, there is, however the disability would remain because, on these short "stop/start runs", an air conditioner is not able to significantly reduce the disability. It is not reasonable in these circumstances to require the provision of air

Delivery vehicles with refrigerated goods storage and from which the drivers assemble individual orders for delivery to retail outlets, are an example where some relief is obtained from heat. Again, because of the stop/start nature of this type of work no significant advantage accrues to the driver from cabin air conditioning. (Emphasis mine.)

I consider it plain from the above that the Commission, at the time, was dealing with a claim for the provision of airconditioning units in vehicles of all types, driven by members of the Union. It was not a claim for a disability allowance, indeed it was not suggested that anything other than the provision of cabin airconditioning was being sought by the Union.

What is in reality being claimed, on this occasion, is the payment of an allowance in lieu of the provision of airconditioning units in vehicles which, because of the nature of their use, i.e. short stop/start runs, the Commission had previously determined (61 W.A.I.G. 1755) "do not warrant the provision of airconditioning".

It follows that in light of the earlier decision such a claim must fail.

Order accordingly.


No. 739 of 1981. Between Transport Workers Union of Australia,

Industrial Union of Workers, Western Australian Branch, Applicant, and Australian Glass Manufacturers Co. and Others, Respondents.

Order. HAVING heard Mr J. Gerritsen on behalf of the applicant and Miss S. Pecker on behalf of the Western Australian Egg Marketing Board and Mr G. A. Black on behalf of all other respondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the application be dismissed. Dated at Perth this 22nd day of January, 1982.

(Sgd.) G. G. HALLIWELL, [L.S.l Commissioner.

Decisions of—

CLIFFS ROBE RIVER IRON ASSOCIATES IRON ORE

PRODUCTION AND PROCESSING. Award No. 10 of 1979.

File No. 83 of 1974. In the matter of a dispute between The

Amalgamated Metal Workers and Shipwrights Union of Western Australia and Cliffs Robe River Iron Associates and in the matter of a Board of Reference constituted pursuant to

section 48 of the Industrial Arbitration Act, 1979 to review a decision by the Company to suspend for two shifts an employee for driving a low loader on the mine access road without an escort driver.

Before Mr R. S. Laing—Chairman; Mr P. R. Smith—Employers Representative; Mr C. Hollett—Employees Representative.

Mr A. Maher on behalf of the Amalgamated Metal Workers and Shipwrights Union of Western Australia.

Mr W. Stock on behalf of Cliffs Robe River Iron Associates.

23rd January, 1981.

Decision. THE dispute before this Board of Reference concerns the suspension of leading hand boilermaker welder Mr G. Bond for driving a low loader without an escort on the mine access road at Pannawonica in breach of the Company's mine safety regulations.

Mr Bond and the union object to the suspension and claim that in the circumstances it is harsh and unfair.

The substantial facts are not in dispute and may be summarised as follows:

At approximately 3 p.m. on the 5th of October Mr Bond was asked by a trades assistant if he would drive a low loader from the M.S.B. Boilermakers Shop to the Company's Maintenance lay-down area some 400 metres distant. Whilst it was the trades assistant's responsibility to drive the vehicle he was not sufficiently confident to do this task so sought Mr Bond's assistance.

Mr Bond who had undertaken the same task on previous occasions agreed and proceeded to drive the vehicle to the mine access road which is normally crossed to reach the laydown area. It is worth recording at this point that crossing the access road without an escort is not a breach of the mine safety regulations. On reaching the access road however, Mr Bond realised that the normal route, which is across and then off the access road, had been blocked by earthworks. He turned left onto the access road and travelled along it for approximately 150 metres to a boom gate where the mine road ends and a gazetted town road commences.

An investigation was held pursuant to Clause 6 (13) of the C.R.R.I.A. Iron Ore Production and Processing Agreement (Consent Award) 1979 and Mr Bond was suspended for two shifts for driving the low loader on the mine access road without an escort vehicle.

Mr Maher for the union, whilst agreeing that a breach had occurred, claimed that the penalty was excessive and, in summary, submitted:

1. Mr Bond has in his five and a half years service with the Company never been subject to disciplinary action for a breach of safety rules.

2. Other offenders of the regulation have not been given such severe penalties despite breaches of a far more serious nature, (exhibits 1 and 2.)

3. Mr Bond was completely unaware that the normal, permissible, route was blocked and had not been advised of this.

4. On reaching the mine access road he had the choice of travelling 150 metres at the top end of the access road or going through considerable inconvenience to arrange for an escort.

5. The access road at that point was totally clear of all traffic, the road is straight and the manoeuvre was completely safe.


6. Mr Bond is licensed to drive articulated vehicles and had undertaken the task at the request of others previously. He had not had the particular regulation brought to his attention in recent years.

Mr Bond in evidence confirmed the union's submissions. He agreed however, that he knew of the mine safety regulation in respect of escorts and this was confirmed by Mr Lauder his foreman.

The Company submitted that disciplinary penalties are usually 24 or 48 hours suspension when heavy vehicles are involved and because of this the penalty in this case was reasonable. The Company however, was unable to refute the union's submissions in regard to the penalties imposed previously for the same but far more serious breaches (exhibits 1 and 2) or in respect of .the union's claims outlined in 3 and 6 above. Instead it relied on its evidence that a known safety regulation was infringed and that a known safety regulation was infringed and that the penalty in its view is reasonable.

It must be said at the outset that this Board views any breach of safety regulations with the utmost seriousness, and will not lightly interfere with a Company's decision to suspend an employee for an admitted breach of a known safety regulation. However, as stated in the matter involving haulpak driver Mr C. Huyhn (not yet reported) each incident must be viewed separately and with regard to the particular curcumstances involved. The union in our view clearly established that the incident did not create, and was unlikely to create, any hazard for either Mr Bond or any other worker. We accept that until he reached the access road Mr Bond proposed crossing it and following the normal route. We are of the view that Mr Bond foolishly, travelled along the short stretch of the extreme end of the access road without arranging an escort. We are also cognisant however, of Mr Bond's previous unblemished record, the fact that he undertook the task as a favour to another employee and we also believe that he is not likely to infringe again. With this all in mind we accept the union's submission that the penalty is harsh.

The Board unanimously agrees that the suspension should be quashed. A written warning however, should be handed to Mr Bond and recorded in his personal file. This should be to the effect that any further breach of this nature will result in more severe disciplinary action. The Board is firm in its view that should Mr Bond infringe and again appear before this Board he should not expect further leniency if it is demonstrated that he ignored the safety regulation.

R. LAING, Chairman.

CLIFFS ROBE RIVER IRON ASSOCIATES IRON ORE PRODUCTION

AND PROCESSING. Award No. 10 of 1979.

File No. 83 of 1974. In the matter of a dispute between The Australian

Workers Union, West Australian Branch, Industrial Union of Workers and Cliffs Robe River Iron Associates and in the matter of a Board of Reference constituted pursuant to section 48 of the Industrial Arbitration Act, 1979 to review a decision by the Company to suspend an employee for overtaking a haulpak whilst driving a haulpak on the Company's haul road.

Before: Mr R. S. Laing—Chairman; Mr P. R. Smith—Employers Representative; Mr W. Tew—Employees Representative.

Mr M. Baird on behalf of the Australian Workers Union Industrial Union of Workers

Mr M. Maslij on behalf of Cliffs Robe River Iron Associates 23rd December, 1981.

Decision. THE dispute before this Board of Reference, which is appointed pursuant to section 48 of the Industrial Arbitration Act, 1979, relates to a two shift suspension by the Company of an employee Mr C. Huyhn for overtaking a haulpak on the Company's haul road at Pannawonica contrary to a mine site safety regulation.

The union does not dispute that a breach occurred but claims, on two grounds, that the two shift penalty incurred was excessive. The first claim is that the Company has a standard penalty of one day for breaches of this nature. The second is that extenuating circumstances existed at the time of the incident and these circumstances mitigate against such a severe penalty.

The facts are not disputed. These are: At approximately 4.15 p.m. on the 13th of October

Mr Huyhn was driving his haulpak along the OE haul road towards the truck laydown area. Mr Huyhn was in the fourth vehicle in a line of seven haulpaks.

As a consequence of a shovel breakdown the haul road concerned was not being used to haul ore and as a result of this had not been watered for some time. A considerable amount of dust was therefore created by the convoy of haulpaks. In order to improve visibility and to take advantage of the slightly wetter surface Mr Huyhn pulled his vehicle over to the right hand side of the road. The haulpak in front of Mr Huyhn then slowed and was overtaken by Mr Huyhns vehicle. It was subsequently found that the vehicle in front of Mr Huyhn had, quite correctly, slowed down because of the dust problem and poor visibility, whilst Mr Huyhn stated in evidence that he thought the other vehicle was slowing to allow him to overtake.

The first grounds of objection from the union concerned the claim that a standard penalty of one shift exists for such a breach. A number of previous examples were cited in this respect (exhibit 2) and submissions made as to the need for consistency in regard of penalties. This Board agrees with the union's submission as to the desirability of consistency of penalty. All concerned would then be sure that breaches of safety regulations are likely to result in penalty yet at the same time individual employees have some assurance that they are not going to be subject to victimisation. However, this view must be tempered in the knowledge that circumstances vary and each case must stand on its merits and whilst consistency is certainly desirable it is not the only factor for consideration.

In this case the evidence presented by the union, in our view, did not demonstrate that the breach fits the notion of a "standard". In fact the majority of the examples cited concerned light vehicles and incidents unrelated to a haulpak overtaking another haulpak on a haul road. The one obvious example cited of such a breach was, according to the Company's submission and evidence, quite dissimilar to this case and we are unable to find that a standard penalty does exist for breaches of this type. A more important element in this respect will be raised shortly.

The second basis of objection is that extenuating circumstances existed at the time of the incident and these should be taken into consideration. In brief these were the presence of excessive dust, the misunderstanding on Mr Huyhns part in that he


thought he was being called on to overtake and the failure of the Company to send haulpaks back to the laydown area at reasonable intervals.

Whilst we accept the union's submission, it is not in our view, sufficiently persuasive to justify interference with the Company's decision. Mr Huyhn had a clear alternative choice when he found that visibility was impaired because of the dust. He could have, and should have, reduced the speed of his vehicle as did the driver in front of him. He gained no real advantage by overtaking as there were still two haulpaks in front of him. By overtaking as he did, he may well have increased the dust hazard for his workmates in the vehicles following him.

Whilst Mr Huyhn indicated that he was unsure of the regulation concerning overtaking he admitted knowledge of others. The Company on the other hand provided evidence that Mr Huyhn's period of training was, because of language difficulties, of much greater length than that normally given and in his training Mr Huyhn was made aware of the regulations. The Training Foreman, Mr Baker, was most forthright in his evidence on this point and it was not seriously pursued by the union. On the evidence the Board accepts that Mr Huyhn knew of the regulation.

More importantly, and this also relates to the first objection of the union, it was stated in evidence that the haul road in question is often used by light vehicles at around the same time each day as when the passing incident occurred. Clearly this would be known by haulpak drivers. Equally clearly if a light vehicle had been on the road at that time a very dangerous situation could have developed. It is simply a fortunate circumstances that there was no light vehicle on the section of road at the time. Clearly with such poor visibility Mr Huyhn would not have been able to avoid such a situation.

On the basis of evidence presented we are of the view that the penalty imposed was not unduly harsh, unjust or unfair. The Board unanimously upholds the Company's decision to suspend Mr Huyhn for 48 hours.

R. LAING, Chairman.

CANCELLATIONS— Under Section 47—

ENGINE DRIVERS (General).

Award No. 21A of 1977. BEFORE THE WESTERN AUSTRALIAN


In the matter of the Industrial Arbitration Act, 1979 and in the matter of the Engine Drivers' (General) Award No. 21A of 1977 and in the matter of an order pursuant to section 47 of the said Act—

HAVING read and considered the documents relating to this matter, there being no party desiring to be heard in opposition thereto, and upon being satisfied that the requirements of the abovementioned Act have been complied with, I the undersigned, Chief Commissioner of the Western

Australian Industrial Commission, acting on my own motion in pursuance of the powers contained in section 47 of the abovementioned Act, do hereby order and declare—

That from the date of this order, Western Wire Industries is struck out of the Schedule of Respondents to the Engine Drivers' (General) Award No. 21A of 1977, and ceases to be a party to that award.


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

COMPLAINTS—

Before Industrial Magistrates—

BEFORE THE INDUSTRIAL MAGISTRATE AT PERTH. Complaint No. 504 of 1981.

Between Transport Workers Union of Australia, Industrial Union of Workers (Western Australian Branch), Complainant, and Walter James Croxford Trading as Plasterline Industries, Defendant.

Before Industrial Magistrate J. Simpson Esq. S.M. The 5th day of February, 1982.

Decision. THE MAGISTRATE: This complaint is that between 4th July, 1980 and 30th September, 1981 at Osborne Park the defendant being a party bound by Award No. 10 of 1961 committed a breach thereof in that he failed to pay Wayne Praetz award rates of pay amounting to $3 672.10.

The defendant is a fibrous plaster manufacturer and the determination of this complaint revolves around the question of whether the employee was employed and worked as a motor driver's assistant under the Transport Workers (General) Award No. 10 of 1961 as amended or as a factory hand on a lower rate of pay.

The employee Praetz gave evidence that he responded to a notice at the Commonwealth Employment Service calling for a truck driver's off- sider (motor driver's assistant) and was sent to the defendant's business premises where he was employed in that capacity by the defendant. He said the defendant told him that eventually he could progress in the factory. Praetz said that after about three months he worked in the factory for two weeks and then went back onto the truck and that for two weeks prior to his termination he worked in the factory. He was not given notice of transfer. He was paid an amount of $65 per week and was 16 years of age at the time. The employee denied he was principally engaged in the factory.

Tendered without objection by Counsel for the defendant—Exhibit B—was a schedule of hours worked, amounts paid etc. which particularises the claim arising from the alleged breach.

The employee's evidence was corroborated to some extent by the witness Napper who said he was employed as a truck driver by the defendant for six to seven months and that Praetz worked as his off- sider during that time. He was very definite that both he and Praetz were principally engaged on the truck and only to a very limited extent in the factory. He was not so definite as to dates but I accept his evidence that he did work for the defendant for some period of time during Praetz's employment and that Praetz's duties were as he has indicated.


The defendant and the defendant's foreman, Lopes, gave evidence that Praetz was employed principally as a factory hand and for only about one third of the time as a track driver's off-sider. The defendant also testified that it was for two months and not two weeks that Praetz was employed in the factory prior to his termination.

Clause 22 of the award referred to in argument provides:

22.—Mixed Functions. (1) Where an employee is called upon to

perform two or more classes of work for more than two hours on any one day he shall, for the purpose of assessing the rate of wage to be paid, be deemed to have worked throughout the whole of his working time on that day on the class of work for which the highest rate of wage is prescribed.

(2) Where the work for which the higher rate of wage is prescribed does not exceed two hours on any day the worker shall be paid the higher rate for the actual time so worked.

(3) An employee shall not be transferred to perform a class of work providing a lesser minimum rate of wage than that at which he is usually employed, unless he is given a week's notice.

In this case I accept the evidence of the employee Praetz and I am satisfied he was employed as a motor driver's assistant and worked in that capacity for more than two hours during each of the days on which he was employed by the defendant (with the exception of the two periods of two weeks each he has mentioned) and, therefore, in accordance with Clause 22 was entitled to be paid as a motor driver's assistant for the full period of his employment.

So \ far as the two periods during which the employee worked in the factory are concerned I also accept the employee's evidence but in any case I believe I must find he was entitled to payment as a motor driver's assistant as there is no evidence before me that he was given notice in accordance with Clause 22(3). An employee may continually expect to return to his higher classification if he is not given proper notice of transfer and the opportunity to accept the transfer or terminate his employment.

I am satisfied the employer is bound by the Award in that I find the employee was employed in the calling of motor driver's assistant under the Transport Workers (General) Award 1961 as amended in the industry of fibrous plaster manufacturing which is an industry to which the Award applies—see schedule of respondents.

I am satisfied there has been a failure to pay as alleged and I believe the employee Wayne Geoffrey Praetz is entitled to recover the amount claimed.

DISPUTES—

Orders made under Section 29—


No. 692 of 1981. Between Sarah Louise Claire Tracey, Applicant, and

Azad Markarian and Wahrain N. Markarian trading as "Inglewood Podiatry Clinic", Respondent.

Before Mr Commissioner G. J. Martin. The 5th day of January, 1982.

The applicant appeared on her own behalf. Mr A. Markarian on behalf of the respondents.

Reasons for Decision.

THE COMMISSIONER: By this application made pursuant to section 29 (2) (b) of the Industrial Arbitration Act, 1979, the applicant seeks an order that the respondents pay to her:

(1) Two weeks pay in lieu of notice on termination;

(2) Fro rat a annual leave payment;

(3) Wages amounting to $84.39 for the week 24th—28th August, 1981,

being benefits not allowed to the applicant and which she claims she was entitled to under her contract of service.

The respondents do not deny liability in respect of item (3) thereof and undertook to make that payment again (the first occasion being by an incorrectly endorsed cheque dated the 4th day of September, 1981) forthwith. The Commission is therefore left to determine the claims in items (1) and (2), to which the respondents do deny liability.

From the material before the Commission, i.e. the statement of claim, the reply thereto, the counter reply and the verbal submissions of the parties, the following appears to be the sequence of events leading to the application.

The applicant was engaged by the respondents to work as a receptionist in their podiatric clinic on the 1st day of June 1981. The applicant spent the remainder of that week in training at another clinic and by arrangement between the parties, no payment was made by the respondents to the applicant for that training period.

During the weeks commencing the 8th, 15th, 22nd and 29th of June 1981, the applicant worked for 40 hours and was paid $88.15 nett for each of those weeks.

For the weeks commencing the 6th, 13th, 20th and 27 July, and the 3rd, 10th, 17th and 24th August, 1981, the applicant worked less than 40 hours each week and was paid lesser amounts of wages than referred to above. (Extracts from time and wages records accompanying the respondents' reply to claim dated the 2nd day of October, 1981.)

(The applicant contends that she worked a full week in the week commencing the 24th of August, 1981 and the records have been altered from 40 hours to 37 hours. Other parts of the time and wages record also show alterations which the applicant claims were incorrect.)

The applicant says that on the morning of Monday, the 31st day of August, 1981 she was told by the respondents (Mr A. Markarian) that there was not enough work to keep her on full-time and that she could either go on part-time when needed, or not come in at all.

To that, the applicant says she replied "I could not really survive on what I was earning so I wouldn't come in at all. I said I would give him two week's notice".

The applicant says that the respondent replied "I only need one week".

On Tuesday, the 1st day of September, 1981 the applicant says that the respondent rang her at home and said "I needn't come at all". (The applicant was due to report for work at 12.00 noon that day.)

The applicant did not work again for the respondents. The respondents deny that such were the circumstances of the termination of the arrangement between the parties.

In their view (statement of reply of the 2nd October, 1981), the applicant told them on the 24th day of August, 1981 that the number of hours of work did not meet her requirements and that she would not continue with the respondents after Friday the

286 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. |24th February, 1982

28th day of August, 1981. The applicant was thereupon offered more hours of work which she refused and thus she was considered to have resigned.

That original view varied from what was told to the Commission in that the applicant was still with the respondent on the 31st day of August, 1981 and worked and rostered to work on Tuesday, the 1st day of September, 1981 at 12.00 noon and expected to be there on a part-time basis thereafter. (Transcript notes of proceedings p. 9/10.) The author of that reply and the person appearing before the Commission being the same. (Transcript notes of proceedings p. 2.)

To that point the suggestion that the applicant resigned with effect from the 28th day of August, 1981 cannot be sustained.

It then becomes a question of what transpired in the week commencing the 31st day of August, 1981. It seems fairly clear that the respondent had only part time work for the applicant and that the applicant was not satisfied with that arrangement.

It seems also to be fairly clear that the applicant made those views known to the respondent on the 24th day of August, 1981 and the 31st day of August, 1981.

The first occasion led to almost a full week's work thereafter, but the second occasion was not productive at all.

Because of that the Commission finds that the applicant gave the period of two week's notice agreed to between the parties upon the first interview for employment (transcript notes of proceedings p. 4). The applicant thought the respondent was prepared to accept one week of notice and that was satisfactory to her (transcript notes of proceedings p. 6 and 13),. although she was prepared to work the two week's notice.

The call by the respondent to the applicant on Tuesday, 1st September, 1981 was understood to mean by the applicant "not to come in anymore" (transcript notes of proceedings p. 6), and by the respondent to mean "don't come in this morning". "It did not mean terminated at all". (Transcript notes of proceedings p. 9/10.)

The applicant's mother says that the applicant's understanding is the correct position. (Transcript notes of proceedings p. 12.)

The Commission considers on balance that the applicant's understanding is to be preferred. It was made quite clear to the respondent that part-time work was no longer acceptable to the applicant (although it had been previously), and the respondent's expectation that the applicant would continue regularly on such a basis after the discussion of the 24th and 31st day of August, was quite unfounded and unrealistic. Accordingly, the Commission considers that the applicant is entitled to payment for the week commencing the 31st day of August, 1981 being a period of one week in lieu of notice, which she had been prepared to accept. (Transcript notes of proceedings p. 13.)

As to the question of annual leave payments, it is clear that the respondents had it in mind that there would be a liability, therefor in the terms of what applied generally to clerks (transcript notes of proceedings p. 4). The applicant says annual leave was discussed at the intitial interview for engagement but the respondents deny that (transcript notes of proceedings p. 4.)

In any event, if the respondents did intend to apply the general clerical award, it had been misinformed on, or it had misunderstood the provisions when it considered that there was a prerequisite qualifying period of three completed months of full-time service.

Reference to, for example, the relevant provision Clause 12.—Annual Leave, subclause (4) of the Clerks' (Commercial, Social and Professional Services) Award No. 14 of 1972 as varied (60 W.A.I.G. p. 1067) indicates that a pro rata payment arises in respect of each completed week of continuous service if after one month's continuous service an employee lawfully leaves his or her employment or the employment is terminated, through no fault of the employee. The payment so to be made is at the rate of one thirteenth of a week's pay at the ordinary rate of wage in respect of each completed week of continuous service.

It seems to be the case that the respondents considered they could have a liability for an annual leave payment (transcript notes of proceedings p. 4) of a particular kind, but it is not discernible that such was the contract between the parties.

Accordingly, the Commission does not feel able to conclude that the applicant had a particular identifiable benefit and that part of the claim will not be allowed.

The proposed decision on the matter of wages in lieu of notice now issues and may be spoken to at a time and on a day to be arranged by the Commission.

Decision accordingly.


No. 692 of 1981. Between Sarah Louise Claire Tracey, Applicant, and

Azad Markarian and Wahrain N. Markarian, trading as "Inglewood Podiatry Clinic", Respondents.

Order. HAVING heard the applicant on her own behalf, and Mr A. Markarian on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the respondents pay to the applicant the amount of $88.15 within 21 days of the date hereof.



DISPUTES— Orders made under

Section 44—


No. C697 of 1981. In the matter of the Industrial Arbitration Act, 1979;

and in the matter of a conference held pursuant to section 44 of the said Act between Amalgamated Metal Workers and Shipwrights Union of Western Australia and Austral Insulation Pty Ltd.

WHEREAS a conference was held ex parte in Perth pursuant to section 44 of the Industrial Arbitration Act, 1979; and whereas the parties consented that an Order should issue; now therefore I, the undersigned, pursuant to the powers conferred under the said Act hereby order—

that from the beginning of the first pay period commencing on or after the 7th December, 1981 employees of Austral Insulation Pty Ltd,


members of the Amalgamated Metal Workers and Shipwrights Union of Western Australia engaged on construction work on the South Hedland Technical College will be paid 80 cents per hour in addition to any other allowances applicable.




No. CR549 of 1980.

Between Amalgamated Metal Workers and Shipwrights Union of Western Australia, Claimant, and Hamersley Iron Pty Limited, Respondent.

Before Mr Commissioner B. J. Collier. The 15th day of May, 1981.

Mr C. Hollett on behalf of the claimant. Mr J. J. Christian on behalf of the respondent.


THE COMMISSIONER: The matters referred to the Commission for hearing and determination under the provisions of section 44 of the Act are in the following terms—

(1) The Union claims that the wage structure and related progression of Servicemen employed by Hamersley Iron Pty Limited at Tom Price (Plant) should likewise be applied to Servicemen employed by the Company in its D.S.O. Operations at Dampier.

(2) The Union claims that all Tool and Material Storemen employed by Hamersley Iron Pty Limited should be granted the same wage rate as applies to the Mines Operation Centre Storemen at Tom Price.

In its consideration of the union's claims the Commission embarked upon inspections of work performed by employees on whose behalf the claim had been made and also the work of other employees with whom comparisons had been drawn. Both parties called evidence in support of their respective views.

Servicemen. The Commission has given earnest consideration

to all of the matters advanced by the applicant union in support of its claim but, for reasons which follow, cannot see how the claim could be expected to succeed during the currency of the document known as the Iron Ore Production and Processing (Hamersley Iron Pty Limited) Agreement 1979. There is no doubt that the work performed by servicemen in the D.S.O. Operations at Dampier is important and requires the exercise of skill and responsibility by the employee. Perhaps there are grounds for this discrete group of servicemen to be elevated within the overall wage classification structure when a fresh document is negotiated—that will be for the parties or the Commission to decide at the appropriate time but there are clearly no grounds, on the material presently before the Commission, for an increase additional to that awarded by Halliwell C. when the rates for Pit Servicemen and Servicemen Grade I and II were considered by him last year. From the transcript of those proceedings and the Commission's Reasons for Decision on that occasion it is abundantly clear that

the rates agreed between the parties for Servicemen Grade I and Servicemen Grade II consequent upon the rate determined by the Commission for Pit Servicemen put to rest the dispute over these classifications which had arisen during the 1979 agreement negotiations. In short, in the absence of substantial changed circumstances, there can be no justification for further variation in the rate of any Servicemen Grade II while the unregistered industrial document remains alive. No significant changes have taken place in the duties and responsibilities of the servicemen since the decision of Halliwell C. in June 1980, and it is also pertinent to observe that the wage structure and related progression of servicemen employed by the Company at Tom Price (Plant) and the reasons therefor, were made known to the Commission in those 1980 proceedings. In the circumstances the Commission considers that the claim should be refused.

Tool and Material Storemen. On the evidence and other material before the

Commission it would be impossible to follow the dictates of Section 26 of the Act and simultaneously agree that all tool and material storemen employed by the respondent should be granted the same wage rate as applies to the Mines Operation Centre Storemen at Tom Price. It is a fact that less than three years ago, the Commission constituted by Martin C., conducted a review of the duties and responsibilities of tool and material storemen, following a claim by the present applicant that all tool and material storemen should be paid a rate equal to that paid to a storeman Grade I. On that occasion the Commission concluded that different facets of the work of a tool and material storeman and that of a storeman Grade III, balanced out in overall value and that the equation of the two classifications within the context of the respondent's operations at Tom Price and Dampier, was quite proper. However, two positions of tool and material storemen i.e. the Pellet Plant Tool and Material Store, Dampier and the Town Services Tool and Material Store, Tom Price, were elevated to a rate slightly below that then paid to storemen Grade II and which is equivalent to the rate paid to a number of other classifications situated in the wage structure provided by the Iron Ore Production and Processing Agreement 1979, at three levels higher than the one which includes all other tool and material storemen. On that occasion, Martin C. inspected five tool and material stores in Tom Price, three at Dampier and the main warehouse at Dampier, and evidence was called in support of the claim.

In the present proceedings, the Commission inspected the M.O.C. workshop store and two tool and material stores at Tom Price. Discussions took place with the incumbents of those three positions and for the benefit of all, transcript was taken of what was said. In addition formal evidence was adduced by the applicant union from the tool and material storemen at East Intercourse Island and the Commission conducted an inspection of his store and its environs. Apart from these stores, there is no evidence whatever before the Commission as to any changes which have taken place in the duties and responsibilities of other tool and material storemen employed by the respondent. The Commission is simply being asked to accept that they are all equal and then to elevate them all to the rate provided for storemen Grade I on the strength of the upgrading in or around June 1980 of the M.O.C. workshop storeman's position to that level by agreement between the Australian Workers' Union and the respondent.


The Commission does not accept the assertion of the union that the reclassification of the position, Mines Operation Centre Storeman, came about because of a change in union membership. It is clear from the material before the Commission that changes which had taken place, and others which were contemplated by the respondent, combined to persuade the company that the position warranted payment at storeman Grade I level. According to Mr Christian, for the company, this change followed a direction by Martin C. that the parties confer on whether alleged substantial changes had in fact occurred and the conclusion was reached by the parties that they had. One can only conclude that those negotiations were carried out in the utmost good faith and that the rate agreed upon was fair and reasonable in all the circumstances.

If that last conclusion is correct, the Commission finds it difficult to accept that the classification of the position at East Intercourse Island is correctly placed vis a vis the M.O.C. workshop storeman. Under cross-examination the incumbent of the position stated that the change in his responsibilities had been the requisition authorities and an enlargement of the holding yard. Other evidence adduced by the company was to the effect that the holding yard had been rearranged rather than enlarged, but nothing vital turns on that point. The Commission, as presently constituted, has had extensive experience with storemen positions both in the private and public sectors of employment and relying on that experience to assess the relative merits of the cases presented in the present proceedings, has concluded that while the position at East Intercourse Island does not warrant the same all purpose weekly wage as that paid to the M.O.C. Workshop Storemen, there is justification on a comparison of those jobs for some elevation. In his 1978 decision, Martin C. elevated two tool and material storemen positions, identified earlier in these reasons. He justified that movement by saying:—

From the material before the Commission, the view is taken that in two particular areas, the tool and material storemen is undervalued having regard to the duties and responsibilities of the job. (58 W.A.I.G. p. 972.)

Approximately three years later, I form the same view with respect to the position of tool and material storeman, East Intercourse Island and consider that the classification of that position should be raised to the higher level of tool and material storemen. The Commission is in no position to gauge whether any other tool and material storeman position warrants similar treatment. I would not alter the rate for those storemen whose jobs were inspected at Tom Price but it might be fruitful for the parties to confer on any other position which either considers equates with the East Intercourse Island job. Minutes of the proposed order will not issue for two weeks to enable discussions to take place and for the Commission to be informed if agreement has been reached on any other changes.


No. CR549 of 1980. Between Amalgamated Metal Workers' and

Shipwrights' Union of Western Australia, Claimant, and Hamersley Iron Pty Limited, Respondent.

Order. HAVING heard Mr C. Hollett on behalf of the Claimant and Mr J. J. Christian on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

(1) The claim in relation to Servicemen be dismissed.

(2) That the all purpose weekly wage of the Tool and Material Storeman, East Intercourse Island be $199.60 on and from the 3rd day of December, 1980.

Dated at Perth this 14th day of January, 1982. (Sgd.) B. J. COLLIER,

[L.S.] Commissioner.


No. C23 of 1982. In the matter of the Indust rial Arbitration Act, 1979;

and in the matter of a conference held pursuant to section 44 of the said Act between World Services and Construction Pty Ltd and Amalgamated Metal Workers and Shipwrights Union of Western Australia.

WHEREAS a conference was held in Perth on the 27th January, pursuant to section 44 of the Industrial Arbitration Act, 1979; and whereas an agreement was reached between the abovenamed parties at the said conference; now therefore I, pursuant to the powers conferred under the said Act do hereby order that the following shall apply to workers employed by World Services and Construction Pty Ltd.

1.—Title. This Order shall be known as the Special 1981

Attendance Bonus Scheme (W.S.C.) Order. 2.—Arrangement.

1. Title. 2. Arrangement. 3. Area and Scope. 4. Term. 5. Special Attendance Bonus.

3.—Area and Scope. This Order shall apply to workers engaged on

piping prefabrication work and employed by World Services and Construction Pty Ltd at its workshop located at Rockingham.

4.—Term. This Order shall operate from the 7th day of

October, 1981, until the date upon which the Copper/Nickel contract is completed.

5.—Special Attendance Bonus. (1) An employee shall at the conclusion of work

either on the date upon which the Copper/Nickel contract is completed, or the date upon which the employee's services terminate (other than for misconduct), whichever is the earlier date, be paid by the employer a bonus payment related to his period of employment within the term of this Order.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 289 24th February,1982]

(2) The bonus payment to be made in accordance with subclause (1) hereof shall be calculated at the rate of $5.00 for each day the employee attends for work and works the hours required by the employer on each such day.

(3) Where on any day an employee is, by reason of special circumstances, not able to remain at work for all the hours required on that day he shall, where practicable, give a reasonable period of notice thereof to the employer and may thereafter be granted the benefit of that day for the purposed of subclause (2) hereof.

Dated at Perth this 27th day of January, 1982. (Sgd.) D. CORT,

[L.S.] Senior Commissioner.


No. CR555 of 1981. Between Building Trades Association of Unions of

Western Australia (Association of Workers), Claimant, and J. R. & A. H. Farrell, Respondent. Before Mr Senior Commissioner D. E. Cort.

The 7th day of January, 1982. Mr G. Young and Mr J. Cummins on behalf of the

Claimant. Mr J. R. Farrell on behalf of the Respondent.

Reasons for Decision. THE COMMISSIONER: The Building Trades Association of Unions of Western Australia (Association of Workers) makes application for an Order pursuant to section 44 of the Industrial Arbitration Act, 1979 which would prescribe a site allowance, and a termination bonus and require the provision of boots for employees of J. R. and A. H. Farrell and subcontractors engaged on work at the Karratha High School:

The employees concerned are bound by the Building Trades (Construction) Award No. 14 of 1978 which is a "paid rates award" prescribing a base rate of pay, an additional payment, an industry allowance, a special allowance, a tool allowance and, for working in the Karratha area, a location allowance.

At the outset it should be said that any Order to issue from these proceedings may only apply to employees of J. R. and A. H. Farrell and, from the nature of the material before the Commission, the only question to be decided is whether a site allowance of 80 cents per hour for each hour worked should be allowed to these employees. It is the first case of its kind to be brought before this Commission on behalf of building workers.

In the proceedings the attention of the Commission was drawn to several decisions of the Australian Conciliation and Arbitration Commission which, more often than not, have prescribed a site allowance of 80 cents per hour for construction work in the Pilbara area of this State and particularly for such work in Karratha.

The first of these was in February, 1981 when 80 cents was fixed for work on the Burrup Peninsula and on what may be termed, associated work in Karratha. In appendix to the National Building Trades Construction Award that allowance is "to compensate for conditions which exist and far exceed those conditions which are provided for within the award, including excessive dust, heat and extremes of terrain". In a recent decision with respect to the

Burrup Peninsula (8th December, 1981) the Australian Commission referred to that allowance stating—

The unions claimed that the site allowance and consolidated special rates allowance awarded in May, 1981 for the conditions at the Burrup Peninsula should continue to apply on the grounds that those conditions still prevail (it was contended for the unions that the rates "should reflect the conditions prevailing in the area, mainly the isolation, the heat, the dust and flies and the general extreme climatic features") and should be awarded as a compensation over and above the project allowance and the severance allowance.

I have agreed to this claim on those grounds, there is ample evidence in support of the earlier decision and it appears to me that the employees concerned being in the main exposed to at times extreme climatic elements and excessive dirt and dust caused by the movement of earth-moving equipment and vehicles and machinery will continue to experience those disabilities."

It is clear from the February, 1981 Burrup decision that the Australian Commission, in fixing the allowance, was mindful of extra rates prescribed for building workers employed on other significant projects with the State. In a broad review of rates applicable on construction sites, those extra rates were mentioned in January, 1981 decision of the Commission as presently constituted (61 W.A.l.G. 384) and, although it is not necessary to repeat what was then said, it will be seen therefrom that this Commission was unable to distinguish sites to the same degree as the Australian Commission.

Other decisions raised in these proceedings were, with respect to the new Technical College at Karratha (July, 1981—80 cents) which according to the unions indicated that the allowance was not related to the size of the project, nor to its importance, but to disabilities; the motel at Karratha (June, 1981—80 cents) and the hospital at Karratha. Mention was also made of other sites which attracted the allowance, namely at Deepdale, work at Newman on behalf of Mt Newman Mining Company, which in one case involved a substantial amount of renovation work and at Nelson Point—Port Hedland. The Commission was also advised of renovation work at Paraburdoo, where the Australian Commission refused to grant an allowance, and of renovation work at Nelson Point, where an allowance of 40 cents per hour was fixed. Finally, the Commission was told that on other, generally smaller, jobs the 80 cents was being paid by employers, although not by order of the Commission. Jennings Industries (7 Housing Commission units), Penant Constructions (Housing), and Taylor Woodrow (Mermaid Hotel) were cited.

The parties agreed that the conditions on the Karratha High School were not substantially different from the conditions of other construction sites in the Karratha area but, having in mind decisions of the Australian Commission, it should be mentioned that the work at Karratha High School involves not only construction, but renovation. Next, whilst it was said by the unions that the allowance is sought on what is regarded as major work, the information above is not definitive in that respect. Finally, the context of Award No. 14 of 1978 and the attitude of this Commission to conditions on construction sites, it seems the real question should be not so much whether the conditions on the Karratha High School site are generally similar to conditions on other sites in the area, but whether conditions are so different from those generally prevalent on construction sites throughout the State to warrant a payment of $32.00 per week in addition to the several payments prescribed by the award.


The employer, after referring to the sites mentioned upon which the additional payment is applicable, said—

I think the union has a fair case for the $32.00 per week. That is all I wish to say.

Thus the application is not opposed and the Commission is not required really to reach a conclusion on either of the questions posed. In the matter of applications by the Maritime Workers' Union of Western Australia, Union of Workers to amend several industrial agreements and awards to which it was party, the Commission said—

To my mind, a person who does not oppose an application can only be said to consent thereto without wishing to be responsible for that action. It is apt to refer to a judgment of His Honour Mr Justice Kelly in a Manufacturing Grocers' Case—I quote—

The attitude taken by the employers is that they will not consent... At the same time, they do not"definitely oppose it" ... Apparently they will be satisfied if the Court makes an award in terms (of the claim) so long as the Court makes it clear that the award is not made "by consent" ... In these circumstances, it seems desirable to say what I should have thought was obvious, that it is no part of the functions of this Court to give to what is the equivalent of a "consent award" the appearance of a determination by way of adjudication. (45 C.A.R. 365). (51 W.A.I.G. 1228 at page 1229.)

This is an occasion upon which that approach should be adopted. An Order could issue to that effect, but not otherwise.

At all times the Commission is obliged to keep the public interest in mind, and to do what is fair and right to the community as a whole as well as the parties. In the construction industry, in particular, the Commission must not be seen to be determining issues if no dispute exists and for what may be other than industrial purposes.


No. CR555 of 1981. Between Building Trades Association of Unions of

Western Australia (Association of Workers), Claimant, and J. R. & A. H. Farrell, Respondent.

Order. HAVING heard Mr G. Young and Mr J. Cummins on behalf of the claimant and Mr J. R. Farrell 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 from the beginning of the first pay period to commence on or after the 3rd day of November, 1981 employees of J. R. & A. H. Farrell to whom the Building Trades (Construction) Award No. 14 of 1978 applies who are employed on work being carried out at the Karratha High School at Karratha shall be paid an additional allowance of 80 cents per hour for each hour worked.



Industrial Arbitration Act, 1979.

IN THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. C32 of 1982.

In the matter of the Industrial Arbitration Act, 1979 and in the matter of an industrial dispute between the Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch, and Giacci Bros. Pty. Ltd.

Order. WHEREAS pursuant to section 44 of the Industrial Arbitration Act, 1979 I the undersigned Commissioner of the Western Australian Industrial Commission, this day presided over a conference between representatives of the abovenamed parties. And whereas the parties arrived at an agreement on all matters in dispute, and whereas they have requested the Commission to issue the agreement as an order of the Commission. Now therefore, I, pursuant to the powers contained in section 44 of the said Act and all other powers therein enabling me hereby make the following order in the terms of the attached schedule and such order shall have effect as from the beginning of the first pay period commencing on or after the 1st day of November, 1981 in respect of Clause 4.—Wages and on and from the 20th day of November, 1981 in all other respects.

Dated at Perth this 26th day of January, 1982. (Sgd.) G. J. MARTIN,


Schedule.

1.—Title. This Order shall be known as the Transport

Workers' (Worsley Alumina Refinery) Construction Order and subject to its terms shall supplement the Transport Workers' (General) Award No. 10 of 1961 as amended, and cancels Order No. C551 of 1981 of the 20th day of November, 1981.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. General Conditions of Employment. 5. Living Out Allowance. 6. Travelling Allowance. 7. Site Allowance. 8. Safety Footwear Allowance.

3.—Area and Scope. This Order shall apply to those employees who,

except for the terms of this Order, would be bound by the Transport Workers' (General) Award No. 10 of 1961 and who are employed by Giacci Bros. Pty Ltd. on construction work at the Worsley Alumina Refinery Construction Project.

4.—Wages. In lieu of Clause 7 of the Transport Workers'

(General) Award No. 10 of 1961 as amended, the following wage rate shall apply.

Driver of a Readymixed Concrete Truck $252.20 per week.


5.—Site Allowance. Each employee shall be paid an allowance of 95

cents per hour for each hour worked to compensate for climatically induced disabilities.

6.—Safety Footwear. (a) A payment of five (5) cents per hour for each

hour shall be paid to all employees to compensate them for the requirement to wear approved safety footwear which the employees are to ensure are maintained in a sound condition.

(b) Failure to wear such footwear or to maintain it in a sound condition as determined by the employer will render the offending employee liable to dismissal.

(c) In addition to (a) above, employees who will be on the project for a period of more than twenty eight days shall receive a once only free issue of one pair of safety boots.

7.—Travelling Allowance. In lieu of the provisions of Clause 13 of the

Transport Workers' (General) Award No. 10 of 1961, employees shall be entitled to fares allowance according to where the employee is required to report for duty on a daily basis and according to 30 km and 50 km radii drawn from the refinery site and mine site car parks:

(a) Within the 30 km radius—$7.20 per day.

(b) Within the 30 km to 50 km radii—$10.20 per day.

(c) Beyond the 50 km radius—$12.25 per day.

For the purpose of the above radii, the towns of Waroona and Yarloop shall be deemed to be beyond the 50 km radii from the mine site.

8.—Rest and Recreation Leave. (a) In lieu of the provisions of Clause 13 of the

Transport Workers' (General) Award No. 10 of 1961, employees shall be entitled to an allowance of $6.70 on each occasion that they return home for a weekend after three months' continuous service on the site.

(b) The employee shall satisfy the employer on request that he did return home at the weekend and in the event of a difference between the parties the employer shall consult with the Federation and in the event of continuing difference, the matter shall be referred to a Board of Reference for determination.

9.—Option to Live Out. Notwithstanding the provisions of Clause 13 of the

Transport Workers' (General) Award No. 10 of 1961, an employee to whom that clause applies shall be entitled to provide his own accommodation in lieu of accepting that provided by the employer and shall then be eligible for the allowance of $98.00 per week. Provided that the employee exercising this option must be:

(a) Living with his family in accommodation provided by himself; and

(b) Living in a reasonable standard of accommodation.

The employee shall satisfy the employer as to (a) and (b) above on request and in the event of a difference between the parties, as to whether (a) and (b) have been satisfied the employer shall consult with the union and in the event of a continuing difference the matter shall be referred to a Board of Reference for determination. 16851—6

291

DISPUTES— Orders Made under

Section 45 —


No. C29 of 1982. Between the Board of Management, the Lakes

Hospital and Metropolitan Laundry Employees' Industrial Union of Workers.

Order. I, THE undersigned Chief Commissioner of the Western Australian Industrial Commission, pursuant to the powers vested in me by section 45 of the Industrial Arbitration Act, 1979, hereby order that—

1. Each employee of the Board of Management Lakes Hospital who is a member or eligible to be a member of the Metropolitan Laundry Employees' Industrial Union of Workers and who is on strike or otherwise engaging in industrial action shall as soon as possible after the issuance of this Order and in any event no later than his or her ordinary commencing time of duty on Thursday, 21st January, 1982, cease any such industrial action and commence work and thereafter continue to work in accordance with the lawful requirements of the employer given in accordance with the terms of the contract of employment applicable to the employee concerned and subject to the terms of any applicable award.

2. The employer shall increase the rates of wage (excluding allowances) of the said employees by 8.76 per cent of the sum resulting from deducting $6.30 from their respective present rates of wage with effect from first pay period commencing on or after 23rd December, 1981.

3. Liberty to apply is reserved to the parties with respect to Clause 2 of this order.

Dated at Perth this 20th day of January, 1982. (Sgd.) E. R. KELLY,


DISPUTES—

Matters dealt with under

Section 23—



Australian Branch, Industrial Union of Workers, Applicant, and Hamersley Iron Pty Limited, Respondent.

No. 965 of 1981. Between Electrical Trades Union of Workers of

Australia (Western Australian Branch), Perth, Applicant, and Hamersley Iron Pty Limited, Respondent.

Before Mr Commissioner G. G. Halliwell. The 27th day of January, 1982.

Mr V. J. Keenan on behalf of the Australian Workers' Union, West Australian Branch, Industrial Union of Workers.

Mr A. R. Beech on behalf of the Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth.

Mr J. J. Christian on behalf of the Respondent.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24thFebruary, 1982

Reasons for Decision. THE COMMISSIONER: These are applications, pursuant to section 23 of the Act, for orders that Mr A. Thompson and Mr F. Karemaker be re-employed by the Respondent. The facts of the matter are reasonably straightforward and are, as follows:—

1. On Tuesday, 5th December, 1981, an incident occurred in the mess at Tom Price, during the evening meal, involving Mr Karemaker, Mr A. Thompson and Mr T. Beale.

2. The incident involved kicking, slapping on the back of the head and the pushing from a chair, resulting in a fall to the floor, of Mr Beale by Mr Karemaker.

3. Mr Thompson was at the same table in the mess throughout the incident above.

4. Mr Karemaker was terminated for assault of a company employee, Mr Beale, and Mr Thompson was terminated for being a party to an assault on Mr Beale, a company employee.

In essence, the case of the Union's is that the three persons concerned are friends, that they work together, usually eat together in the mess and that the whole incident was merely "skylarking" between friends. Further, the kicking was done with the side of Mr Karemaker's thong-clad foot and no force was exerted at all. With respect to the slapping, it was said that this was done with an open hand and, again, no force was used. Thus, it was argued, the whole incident had been "blown out of proportion" and the penalty of termination was unwarranted, particularly given the fact that all the people concerned were off duty.

From a study of the evidence given it becomes apparent that Mr Thompson was not in any real sense- "a party to an assault". He was merely present at the same table eating his meal when the above described incident took place. Further, I accept the evidence that he did not throw cordial over Mr Beale and, in the result, his re-employment will be ordered by the Commission.

The evidence given in Mr Karemaker's case plainly shows that the actions of slapping and kicking Mr Beale were carried out not, in my opinion, in fun or horseplay but in an intimidatory manner. Mr Beale's evidence during cross-examination makes it clear that at best he was not happy with the treatment he received and at worst was upset and frightened by Mr Karemaker's conduct towards him.

In examining those previous cases referred to during these proceedings the Commission considers the "Toth" case (56 W.A.I.G. 1849) to be decisive of the issues here. Set out hereunder are excerpts from that case:—

The assault took place at the camp when both men were having a rest day. Toth admitted the assault in these words:—

I gave a couple of slaps to his face, and he skidded down on the floor and he never got up.

Later in his evidence he said he never marked Furno. Unfortunately, Furno apparently could not be located and consequently was not called.

From the authorities (including Clauston & Co. Ltd v. Corry 1906 AC 122 to which I was referred) it is clear that "an employer is at liberty to summarily dismiss his servant if the conduct of the latter evinces an intention to repudiate the contract or is such as is inconsistent with a due performance on his part of the obligations of the contract or strikes at an

essential element of the contract". Mr Hill invites me to apply the rationale of the judgment of the Court of Appeal in Tomlinson v. The London Midland & Scottish Railway Co. 1944 1 AER 537 where it was held that the appellant in assaulting a fellow worker (who was not a superior) at a canteen committee meeting outside working hours was guilty of exceptionally grave misconduct (within the terms of the rules agreed upon) and the company was entitled to dismiss him summarily.

At page 540 The Master of the Rolls, Lord Greene, is reported as follows:—

The main argument which was put before us was that no conduct outside working hours can be misconduct within the meaning of this rule, or at any rate, this particular conduct outside working hours could not be misconduct within the meaning of the rule.

Mr Greaves adopts that argument. He submits that the conduct of Toth had nothing to do with his contract of employment and could not amount to misconduct justifying dismissal without notice. I refer again to the judgment of Lord Greene and quote from the last paragraph on page 540:—

It was said that here were men in their leisure time doing something which it was not part of their duty to do. I agree, but just let us see what they were doing. The company in a matter concerning the welfare of its employees which it was anxious to foster and encourage sets up the machinery of a committee to deal with that particular welfare organisation. The proper setting up and organisation of this canteen was a matter of very great interest to the employees themselves. It was as intimately linked with the general relationship of employers and men, and the contentment and comfort of men in their work.

After referring expressly to the conduct of the appellant, he adds:—

Conduct of that kind is calculated completely to wreck and make impossible the working of the machinery that the company was endeavouring to set up for the benefit of the workers and indirectly for the benefit of the company itself.

The facts here do not intrude into the relationship between the master and the servant to the degree found in Tomiinson's case but nevertheless, the conduct of Toth cannot be divorced from that relationship. The employees of the defendant lived in the camp where the assault occurred. It was vital to both the company and the men that they be adequately housed near the work site. There was no reasonable prospect of alternative accommodation. Any wilful misconduct such as Toth was guilty of clearly was counter to the object of the relationship between the company and its men and could not be tolerated. (Emphasis mine.)

Applying the above to the facts now before the Commission, in Mr Karemaker's case, the application for an order is dismissed.

Order accordingly.




Australian Branch, Industrial Union of Workers, Applicant, and Hamersley Iron Pty. Ltd., Respondent.

Order. HAVING heard Mr V. J. Keenan on behalf of the Applicant and Mr J. J. Christian on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That Mr Andrew Robert Thompson be re- employed by the Respondent without loss of benefits or privileges accruing prior to termination.




No. 307 of 1981. Between Alan Palmer, Applicant, and Red Horse

Service Station, Respondent. Order.

HAVING heard Mr J. Birman on behalf of the Respondent, and there being no appearance on behalf of the Applicant , the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders—

That the Application be withdrawn by leave. Dated at Perth this 4th day of February, 1982.

(Sgd.) G. L. FIELDING, [L.S.] Commissioner.


No. 965 of 1981. Between Electrical Trades Union of Workers of

Australia (Western Australian Branch) Perth, Applicant, and Hamersley Iron Pty. Ltd., Respondent.

Order. HAVING heard Mr A. R. Beech on behalf of the Applicant and Mr J. J. Christian on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the application be dismissed. Dated at Perth this 27th day of January, 1982.



No. 307 of 1981. Between John Darnley Anderson, Applicant, and

Managing Director, Amalgamated Management Consultants, Respondent.

Order. HAVING heard the Applicant and Mr J. Birman on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders—

That the Application be struck out. Dated at Perth this 4th day of February, 1982.

(Sgd.) G. L. FIELDING, fL.S.] Commissioner.


No. 508 of 1981. Between The Cleaning, Security and Allied

Employees' Union, Applicant, and Hon. Minister for Education, Respondent.

Order. THAT there being no appearance on behalf of the parties, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the application be struck out. Dated at Perth this 27th day of January, 1982.



No. 2 of 1982. Between John Dobrodinszki, Applicant, and Poon

Bros. Pty. Ltd., Respondent. Before Mr Commissioner G. A. Johnson.

The 27th day of January, 1982. Mr B. Agnew on behalf of the applicant. Mr G. R. Gillies on behalf of the respondent.

Reasons for Decision. THE COMMISSIONER: In this matter the applicant failed to demonstrate that the contract of service had been terminated and accordingly the application is dismissed.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. !24th February, 1982 294


No. 2 of 1982. Between John Dobrodinszki, Applicant, and Poon

Bros. Pty. Ltd., Respondent.

Order. HAVING heard Mr B. Agnew on behalf of the applicant and Mr G. R. Gillies on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the application herein be dismissed. Dated at Port Hedland this 27th day of January,

1982.



No. 895 of 1981. Between Murray William Hampson, Applicant, and

Austral United Geophysical, Respondent. Order.

THAT there being no appearance on behalf of the Applicant and Mr M. Gannon on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the application be struck out. Dated at Perth this 5th day of February, 1982.


DISPUTES—

Matters dealt with

under Section 44—


No. CR652 of 1981. Between Amalgamated Metal Workers' and

Shipwrights' Union of Western Australia, Applicant, and Wigmores Tractors Pty Ltd, Respondent.

Before Mr Commissioner D. E. Cort. The 7th day of January, 1982.

Mr B. Davey on behalf of the applicant. Mr C. B. Parks on behalf of the respondent.

Reasons for Decision. THE COMMISSIONER: The claim by the Amalgamated Metal Workers' and Shipwrights' Union of Western Australia is that trades assistant M. Mannion be reinstated in employment with Wigmores Tractors Pty Ltd. It is alleged that the dismissal of Mr Mannion the newly elected shop steward was, in fact, victimisation.

Mr Mannion was employed by Wigmores Tractors on the 11th May, 1981, elected shop steward in June- July, 1981 and dismissed, with two other trades assistants who were employed in July, 1981, on the 27th November, 1981. A reference given to Mr Mannion by Wigmores Tractors stated—

Due to a downturn in work in the area in which he was engaged we had to terminate his services which during his employment with us were performed in a satisfactory manner.

The allegation is that it was by reason of his activity as a shop steward that Mr Mannion was dismissed—those activities will be mentioned later—and that the other trades assistants were dismissed to "cover up". It was not unusual, says the union, for the level of the work carried out by Wigmores Tractors to rise and fall, from time to time, but in t he past the general practice had been not to retrench staff. Additionally, the union pointed out that no tradesman's assistant is now employed even though, as was established later, 116 tradesmen are employed.

For the employer, it was said that it was not the practice to employ trades assistants because tradesmen were preferred, but early in the year, with insufficient tradesmen being available, a number of trades assistants had been engaged. In July, 1981 when two assistants were employed, productive hours were said to be 80.5 per cent of total hours whereas by November, 1981 the figure had fallen to 73.9 per cent. In that time there had been a fall, but a slight one, in the number of persons employed. The decision had been made then to revert to the usual practice by retrenching all trades assistants.

Matters of concern to the union were mentioned in the proceedings but, in the context of the allegation, I turn to the evidence regarding the matters that involved Mr Mannion by which he may have created "waves" with management. In evidence, the shop steward said he approached management three times in relation to problems with matters in the workshop. There was a claim (21st October, 1981) with respect to safety boots, trolleys and crane safety, complaint that, with a lack of tools, tradesmen were using those of apprentices and a request to ascertain the materials used in the manufacture of certain welding rods. The steward also requested broken louvres in a partition in the workshop to be repaired. A notice dated November, 1981 was distributed in the workshop calling for a meeting of all workers and the steward alleged that he had been "followed around" the workshop to be kept moving and prevented from talking to the workforce. In that latter respect he had been told by management "any union work or union activity is to be done in your own time" which the steward said was the case anyway.

The task of the Commission in cases such as this is well established. The question is whether the employer acted unfairly in dismissing trades assistant Mannion. With a downturn of work it is the prerogative of the employer to reduce the number of his employees and a shop steward is not privileged in this regard. If it were not for the practice, not denied by the employer, to retain' employees notwithstanding a downturn in work there would be no doubt that no question could have arisen in this case. From the evidence it would be hard to see how ordinarily the activity of the shop steward which has been mentioned could attract attention of the kind suggested by the union.

But, as was quoted with approval in an earlier case,—

the onus is on the applicant to establish that intervention (by the Commission) is warranted. (Refer 56 W.A.I.G. 469 at p. 470.)-

and there is the general practice of the employer not to engage trade assistants—a practice departed from with a shortage of tradesmen—a statement not contraverted by the union. A practice not to retrench employees when only tradesmen are employed is somewhat different.

As was said in Loty's case— The objective in these cases is always

industrial justice and to this end, weight must be given in varying degrees according to the


requirements of each case to the importance but not the inviolability of the right of the employer to manage his business (71 NSWAR 95 at p. 99).

Given the circumstances of this case the union has not shown to my satisfaction that trades assistant Mannion was treated unfairly. The onus placed on the applicant not having been discharged there will be no order to reinstate.


No. CR13 of 1982. Between Australasian Society of Engineers,

Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch, Claimant, and Hamersley Iron Pty Ltd, Respondent.

Before Mr Commissioner G. G. Halliwell. The 26th day of January, 1982.

Mr D. Forster on behalf of the Claimant. Mr J. J. Christian on behalf of the Respondent.

Reasons for Decision. THE COMMISSIONER: The matter referred to the Commission for hearing and determination, pursuant to section 44 of the Act, is a claim for an order that Mr G. McNab be re-employed by the Respondent without loss of rights or benefits, as a result of the termination of his employment by the Respondent.

It is alleged that on 26th November, 1981, during a telephone call and on 4th January, 1982, Mr McNab threatened his foreman, Mr R. Hankinson. The words used to Mr Hankinson by Mr McNab during the telephone call of 26th November, 1981 were stated by Mr McNab, during his evidence, as:—

You left before I could wish you a Merry Christmas. See you when you get back.

By contrast, Mr Hankinson testified that Mr McNab said to him:—

Thought you could sneak away? Well, you f... ing enjoy yourself over there because when you come back, we've got a lot of squaring up to do. (Transcript pages 131/132.)

It is to be noted that Mr Hankinson did not take any action, either direct with Mr McNab or to report the matter to his supervisors, but simply proceeded on annual leave.

The second threat allegedly made, occurred on 4th January, 1982 in Mr Hankinson's office, when he claims Mr McNab said:—

You cost me a lot of money in 81. This is 82. If the overtime doesn't get better, then I will take you right out. You have been warned. I would like to get my 10 years up, but if I don't, I will take you with me. (Transcript page 133.)

Mr McNab, in evidence, described the event of 4th January, 1982 in the following way:—

I started off by stating the fact that it cost me a fair bit of money in 1981—referring to my loss of leading hand and a few other little things. I said, "What is the situation for 1982?" I made mention of the fact that I had one year to go for my 10 years and that. I like him to get off my back and give me a fair crack of the whip (that was some of the terminology I used). We got back to the bit about the leading hand and he claimed other foremen had been complaining I had not been doing my job and that was one of

the reasons I lost it. I said, "That'd be right". Again I mentioned that all I was asking was a fair go and asked if that was asking too much. He said, "No". I said, "Righto. I will leave it at that." I then walked out. (Transcript page 10.)

Accepting, for the moment, Mr Hankinson's version of the words used on the 26th November, 1981 by Mr McNab, the Commission must consider whether either expressly or impliedly, the language used constituted a threat to Mr Hankinson. In Stroud's Judicial Dictionary, Fourth Edition, page 2765 it states:—

(1) "It is the essence of a threat that it be made for the purpose of intimidating, or overcoming, the will of the person to whom it is addressed ^

((Lush J.) Wood v. Bowron LR 2QB 21 cited INTIMIDATE—.)

Further, from Stroud (supra) intimidate is defined, inter alia, as:—

What is intimidation? Why the using of language which causes another man to fear (per Smith J. Judge v. Bennet).

and later in (3):— There must be a coercive threat to use

unlawful means, so as to compel a person into doing something that he is unwilling to do, or not doing something that he wishes to do; and the party so threatened must comply with the demand rather than risk the threat being carried into execution (per Lord Denning in Stratford (JT) & Son v. Lindley (1964) 2 WLR1002).

Considerable evidence was adduced by Mr Christian to "set the scene as to what this person (McNab) was like; that scene has been set..." (Transcript page 143). However, even within "the scene" described in the evidence, the Commission is not able to conclude, having regard to the authorities cited earlier herein, that the words uttered by Mr McNab per telephone on the 26th November, 1981, constituted a threat to Mr Hankinson.

During Mr Hankinson's evidence in chief the following exchange occurred:—

He has already admitted he was at work. How did that affect you? ... I wasn't over-pleased because about three or four weeks before we'd had another few words. He had come into the office and his parting shot at that particular time was "And when do you, exactly, go on holidays?" There was no need to ask the question. There is a holiday board in the office where he could have quite easily got the information. From what I could see, it was said to me to imply that before I went on hoIFdays something wo"uId happen.

How did that affect you on that day? Were you upset? ... Yes. I was very upset. I honestly felt that before I got on the bus to travel to

You believed that, did you? ...Yes. I definitely did.

How did it affect your holiday? ... It didn't help it along at all. There was a fair bit of worry there while I was on holidays.

What about your wife? Did you tell her? •. . The wife was standing right beside me when I hung the phone up. I turned straight around and said exactly what Gavin had told me.

What was her reaction? ... She wasn't over- pleased with it at all but, from memory, she didn't know about the asking when I was going on holidays so it didn't relate to anything. (Transcript page 132.) (Emphasis mine.)


With due respect, the Commission is unable to follow the connection between the phrase of McNab's, .. when vou come back we've got a lot of squaring up to do" and the fear of "an incident" prior to that time. Further, if the Commission is mistaken as to this point, why was no immediate report made by Mr Hankinson to either his superiors or the police. Finally, in light of the authorities (abovequoted) the words themselves contain no express or implied threat of physical action by Mr McNab against Mr Hankinson, either before leaving Tom Price or upon his return.

The events of 4th January, 1982, in Mr Hankinson's office, are of a different nature. Firstly, the Commission prefers the eveidence of Mr Hankinson as to the words used by Mr McNab on that day. The expressions, "... I will take you right out. You have been warned..." appear to the Commission to come within the definition of a threat or at least constitute intimidation, as earlier defined herein. This is so because the Commission, as presently constituted, having spent a considerable amount of time over the past seven years in the iron ore industry in the Pilbara, understands the expression, "I will take you out" to mean, "1 will punch/knock you unconscious". Thus understood, the phrase coupled with the words, "You have been warned" plainly constitute a threat of physical violence.

Finally, Mr Hankinson testified that he was frightened by the words used and later advised his superiors of the events of 4th January, 1982. The Commission accepts his evidence on these points.

The application for an order is accordingly refused.

Order accordingly,


No. CR13 of 1982.

Between Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch, Claimant, and Hamersley Iron Pty Ltd, Respondent.

Order.

HAVING heard Mr D. Forster on behalf of the Claimant, and Mr J. J. Christian on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby orders—

That the application be dismissed.

Dated at Perth this 26th day of January, 1982. (Sgd.) G.G. HALLIWELL,


DISPUTES—

Declarations made under Section 44—


No. CR526 of 1981.

Between Western Australian Branch, Australasian Meat Industry Employees' Union Industrial Union of Workers, Perth, Claimant, and J. C. Hutton Pty Ltd, Respondent.

Before Mr Commissioner G. G. Halliwell. The 22nd day of January, 1982.

Mr W. Spencer on behalf of the Claimant. Mr R. A. Heaperman on behalf of the Respondent.


THE COMMISSIONER: This is a reference of dispute to the Commission pursuant to section 44 of the Act in which the applicant Union seeks a declaration, by the Commission, that the correct commencement date of employment of Mr D. Hillier be 2nd August, 1966, for long service leave purposes. The respondent employer denies the claim and considers that the declaration should issue with the date for long service leave entitlement being 6th April, 1970.

The facts not in dispute are as follows— (a) The Meat Industry (State) Award No. 9 of

1979 provides in Clause 21 for Long Service Leave.

(b) The respondent is and was bound by the provisions of that award.

(c) Mr Hillier commenced work for purposes of this matter with the respondent on 2nd August, 1966.

(d) On Tuesday, 31st March, 1970, Mr Hillier ceased work, however, he resumed work with the respondent on the following Monday, 6th April, 1970.

There is no dispute that Mr Hillier did not work between Wednesday, 1st April, 1970 and Friday, 3rd April, 1970, but the reason he did not do so is much disputed between the parties. The Union stated inter alia that—

At that date Mr Hillier asked the works manager if he could be paid out his pro rata annual leave entitlements in order to meet a pressing financial and domestic problem. The works manager advised Mr Hillier that in order for the company to grant his request, it would be necessary for him, Mr Hillier, to finish up on that day.

Later that day Mr Hillier collected his accrued annual leave entitlements and understood several things. He understood that this was an arrangement between himself and the employer for the purpose of helping him meet his financial difficulties. He also understood that he was required by the employer to report for work on Monday, the 6th of April, 1970, which he in fact did.

He understood further that he was to be absent from work for three days. He also understood that he had not terminated his contract of service and that his long service leave would not be affected by this arrangement. (Transcript Pages 2 and 3.) (Emphasis Mine.)

Whilst the respondent strongly maintained that — Mr Commissioner, I think the case really boils

down to, as we see it, whether in fact the absence from duty claimed by Mr Hillier was, in fact.


authorised by the employer or, in fact, whether, as the employer contends, Mr Hillier was advised that it was not possible to pay him his annual leave and allow him to continue working; that the only way he could obtain his annual leave entitlement was for him to resign and the company to re-employ him at a later date.

Evidence was adduced both by the Union and the employer with respect to the matter, however, for reasons which follow, the Commission finds it unnecessary to comment thereon.

The Commission was referred to the reasons for decision of the Long Service Leave Board, in J. F. Lovett v. A. J. Barnes (54 W.A.I.G. 1222) wherein the following statement is recorded (at page 1223)—

I would make a final point that under section 6 (2) (i) of the (Long Service Leave) Act had Barnes intended Lovett's period away from employment to be a break in his continuous service, he had the right under that subsection to inform Lovett in writing that his service was broken. (Emphasis Mine.)

Later in R. Von Vessem v. Hygienic Textile Processing Co Ltd (55 W.A.I.G. at 702) the Long Service Leave Board stated inter alia—

10. The provisions of subclause 5 have been clearly designed to protect an employer in such a situation. It appears obvious that the best move by an employer in such a situation would be to obtain a written resignation from the worker. Another alternative is open to the employer in that either during the period of absence or within 14 days of the termination of the absence notifying the worker, in writing, that such absence would be regarded as having broken the continuity of service. In the instant case the employer has not availed himself of either of these protections.

The above-cited cases are opposite here because Clause 6 (2) (j) of the present long service leave provisions of the Award, is in similar terms.

It appears to the Commission to follow that even if one accepts totally the respondent's contention that Mr Hillier was verbally advised as to the loss of long service leave benefits if he resigned, this is not sufficient to remove his award entitlement. The award provision requires such notice to be in writing to the employee and as this provision was not complied with the declaration to issue must be in Mr Hillier's favour.

Declaration accordingly.


No. CR526 of 1981. Between West Australian Branch, Australasian Meat

Industry Employees' Union, Industrial Union of Workers, Perth, Claimant, and J. C. Hutton Pty Ltd, Respondent.

Declaration. HAVING heard Mr W. Spencer on behalf of the Claimant and Mr R. A. Heaperman on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979 hereby declares—

That for the purpose of calculating Long Service Leave entitlements for Mr D. Hillier, such entitlements shall be calculated from the 2nd day of August, 1966.

Dated at Perth this 22nd day of January, 1982.

(Sgd.) G, G. HALL!WELL, IL.S.j Commissioner.

Amalgamated Metal Workers and Shipwrights Union of Western Australia and Austral Insulation Pty Ltd.

No. C697 of 1981. A conference was held ex parte before Mr Senior Commissioner D. E. Cort at the Western Australian Industrial Commission, 815 Hay Street, Perth to deal with a construction allowance.

Conference concluded.

Amalgamated Metal Workers and Shipwrights Union of Western Australia, and Bellway Pty. Ltd.

No. C51 of 1982. A conference was held before Mr Senior Commissioner D. E. Cort at the Western Australian Industrial Commission, 815 Hay Street, Perth on 4th February, 1982, to deal with the termination of services of a worker.


Clyde Riley Dodds Pty. Ltd. and Others, and Amalgamated Metal Workers and Shipwrights Union of Western Australia.

No. C30 of 1982. A conference was held before Mr Senior Commissioner D. E. Cort at the Western Australian Industrial Commission, 815 Hay Street, Perth on 25th January, 1982, to deal with a stoppage over a log of claims.

Agreement was not reached and the matter was referred for hearing and determination.

Amalgamated Metal Workers and Shipwrights Union of Western Australia and Cockburn City Council.

No. C14 of 1982. A conference was held before Mr Senior Commissioner 1). E. Cort at the Western Australian Industrial Commission, 815 Hay Street, Perth on 27th January, 1982 to deal with service pay.


Amalgamated Metal Workers and Shipwrights Union of Western Australia and Others and Crewe and Sons Pty Ltd and Others.

No. C39 of 1982. A conference was held before Mr Senior Commissioner D. E. Cort at the Western Australian Industrial Commission, 815 Hay Street, Perth on 20th January, 1982 to deal with the exercise of a liberty to apply.



Hamersley Iron Pty Ltd and Amalgamated Metal Workers and Shipwrights Union of Western Australia.

No. C34 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at the Western Australian Industrial Commission, Karratha on 19th January, 1982, to deal with a strike by members of the Union over the attitude of a foreman.


Cliffs Robe River Iron Associates v. Australian Workers' Union, West Australian Branch, Industrial Union of Workers.

No. C713 of 1981. A conference was held before Mr Commissioner B. J. Collier at Karratha on 12th January, 1982, to deal with the suspension of workers and conditions of mess subsidy.

The parties failed to reach agreement and the matter was referred for formal hearing and determination.

The Australian Workers' Union, West Australian Branch, Industrial Union of Workers, and

Amalgamated Metal Workers' and Shipwrights' Hamersley Iron Pty. Ltd. Union of Western Australia, Applicant, and No. C423 of 1981. Leslie Salt Company (Inc), Respondent. ^ conference was held before Mr Commissioner G. G.

No. C703 of 1981. Halliwell at the Western Australian Industrial A conference was held before Mr Commissioner Commission, Karratha on 24th November, 1981, to G. J. Martin at Perth on 11th January, 1982 to deal deal with a claim for payment whilst an employee with a dispute concerning house allocation. was on sick leave.

The conference was concluded. Conference concluded.

Dampier Salt (Operations) Pty Limited and Amalgamated Metal Workers and Shipwrights Union of Western Australia and Others.

No. C604 of 1981. A conference was held before Mr Senior Commissioner D. E. Cort at the Western Australian Industrial Commission, 815 Hay Street, Perth on 19th November, 1981 to deal with a stoppage over servicemen.


West Australian Bakers', Pastrycooks' and Confectioners' Union of Workers v. Day Brothers, Albany.

No. C686 of 1981. A conference was held before Mr Commissioner B. J. Collier at the Western Australian Industrial Commission, 815 Hay Street, Perth on 17th December, 1981 to deal with a claim by an ex- employee for payment of long service leave entitlement.

The parties failed to reach agreement and the matter was referred for hearing and determination.

World Services and Construction Pty Ltd and Amalgamated Metal Workers and Shipwrights Union of Western Australia.

No. C23 of 1982. A conference was held before Mr Senior Commissioner D. E. Cort at the Western Australian Industrial Commission, 815 Hay Street, Perth on 27th January 1982 to deal with the replacement of an order.


Building Trades Association of Unions of Western Australia (Association of Workers) and Master Builders' Association of Western Australia (Union of Employers) Perth and Others.

No. C666 of 1981. A conference was held before Mr Senior Commissioner D. E. Cort at the Western Australian Industrial Commission, 815 Hay Street, Perth on Uth December, 1981 to deal with wages in respect of the Building Trades (Construction) Award.


Australasian Society of Engineers, Moulders and Foundry Workers, Industrial Union of Workers, Western Australian Branch and Hamersley Iron Pty Ltd.

No. C13 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at the Western Australian Industrial Commission, 815 Hay Street, Perth on 13th January, 1982, to deal with a claim that the termination of a worker was unfair.

The matter was referred for hearing and determination.

Building Trades Association of Unions of Western Australia (Association of Workers) and Scaffidi Developments (Design and Construction).

No. C690 of 1981. A conference was held ex parte before Mr Senior Commissioner D. E. Cort at the Western Australian Industrial Commission, 815 Hay Street, Perth to deal with site allowance, clothing provisions and deferred pay.



The Western Australian Carpenters and Joiners, Bricklayers and Stoneworkers Industrial Union of Workers, and R. J. Hart and Sons Pty. Ltd.

No. C.38 of 1982. A conference was held before Mr Senior Commissioner D. E. Cort at the Western Australian Industrial Commission, 815 Hay Street, Perth on 28th January, 1982, to deal with the dismissal of a worker.


Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth and Hon. Minister for Works and Water Resources.

No. C346 of 1981. A conference was held before Mr Senior Commissioner D. E. Cort at the Western Australian Industrial Commission, 815 Hay Street, Perth on 2nd July, 1981, to deal with working conditions of District Electrical Technicians.


W.A. Dental Technicians' and Employees' Union of Workers, Perth, Applicant, and Bruce E. Rudeforth, Respondent.

No. C700 of 1981. A conference was held before the Chief Commissioner, Mr E. R. Kelly at Albany on 30th December, 1981, to deal with termination of a worker.

Conference was concluded.

Hon. Minister for Works and Water Resources and Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth.

No. cm of 1981. A conference was held before Mr Senior Commissioner D. E. Cort at the Western Australian Industrial Commission, 815 Hay Street, Perth on 13th August, 29th September and 9th October, 1981 to deal with a dispute over fares and travelling allowance.


Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth, and Cliffs Robe River Iron Associates.

No. C2 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at the Western Australian Industrial Commission, 815 Hay Street, Perth on 3rd February, 1982, to deal with a claim for tool allowance for "A" Class Linesmen.


Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth and O'Donneli Griffin Pty Ltd.

No. C675 of 1981. A conference was held before Mr Senior Commissioner D. E. Cort at the Western Australian Industrial Commission, 815 Hay Street, Perth on 21st December, 1981 to deal with the transfer of a worker.


Crown House Engineering Pty. Ltd. and Electrical Trades Union of Workers of Australia (Western Australian Branch) Perth.

No. C19 of 1982. A conference was held before the Chief Commissioner, Mr E. R. Kelly at The Western Australian Industrial Commission, 815-823 Hay Street, Perth on 18th January, 1982, to deal with living out and site allowances.

Parties could not come to agreement and the matter was referred in part for hearing and determination.

Federated Clerks Union, Industrial Union of Workers, W.A. Branch, Applicant, and G. J. Coles & Co. Ltd.—Canning Vale, Respondent.

No. C7 of 1982. A conference was held before the Chief Commissioner, Mr E. R. Kelly at the Western Australian Industrial Commission, 815-823 Hay Street, Perth on 19th January, 1982, to deal with the transfer and change of classification of a worker.

Parties came to agreement and conference was concluded.

Hamersley Iron Pty Ltd and Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth.

No. CIO of 1982. A conference was held before Mr Commissioner B. J. Collier at the Western Australian Industrial Commission, Karratha on 12th January, 1982, and later re-convened before Mr Commissioner G. G. Halliwell at Perth on 2nd February, 1982, to deal with a dispute in the CTC Section, Tom Price over a claim for the removal of a foreman and other matters.

The matters were referred for hearing and determination.

The Federated Engine Drivers' and Firemen's Union of Workers of Western Australia, and Cliffs Robe River Iron Associates.

No. C9 of 1982. A conference was held before Mr Commissioner G. G. Halliwell at the Western Australian Industrial Commission, Karratha on 19th January, 1982, to deal with a claim for increased wage rates for employees in the power station, Pannawonica.



Cliffs Robe River Iron Associates and The Federated Engine Drivers® and Firemen's Union of Workers of Western Australia.

No. C192 of 1981. A series of conferences were held before Mr Commissioner B. J. Collier at the Western Australian Industrial Commission, 815 Hay Street, Perth to deal with an interpretation over payment for non-rostered work on public holidays and time of completion of annual leave. A further conference was held at Karratha on 12th January, 1982.

The Commission made a recommendation which resolved the matter and the conference concluded.

Hospital Salaried Officers' Association of Western Australia (Union of Workers) and Slow Learning Children's Group of Western Australia (Inc.).

No. C607 of 1981. A conference was held before Mr Commissioner G. L. Fielding at Perth, on 1st December, 1981, to deal with a dispute concerning salary classifications.

Negotiations on this matt er are to continue.

The Federated Engine Drivers' and Firemen's Union of Workers of Western Australia, Applicant, and Western Mining Corporation Limited, Respondent.

No. C8 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on 25th January, 1982 to deal with a dispute concerning wage rates.

The conference was concluded.

The Board of Management, The Lakes Hospital, Applicant, and Metropolitan Laundry Employees' Industrial Union of Workers and Others, Respondent.

No. C29 of 1982. A conference was held before the Chief Commissioner Mr E. R. Kelly at the Western Australian Industrial Commission, 815-823 Hay Street, Perth on 18th, 19th and 20th January, 1982, to deal with the withdrawal of services over wage claims. The Commission issued an Order under section 45 of the Industrial Arbitration Act, 1979.


Fire Brigade Employees Union and W.A. Fire Brigades' Board.

No. C680 of 1981. A conference was held before the Chief Commissioner, Mr E. R. Kelly at the Western Australian Industrial Commission, 815-823 Hay Street, Perth, on 11th December, 1981 to deal with a dispute over wages claims and related matters.


West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, and Western Australian Meat Commission—Robb Jetty Division.

No. C15 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on 13 January, 1982 to deal with a dispute concerning wage rates.

The matter will be heard and determined pursuant to s.44 (10).

West Australian Fire Brigade Employees' Industrial Union of Workers, and Western Australian Fire Brigade's Board.

No. C44 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on 26th January, 1982, to deal with a dispute concerning adjusted pay.

The matter was concluded.

Western Australian Meat Commission—Robb Jetty Division, Applicant, and West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Respondent.

No. €691 of 1981. A conference was held before Mr Commissioner G. J. Martin at Perth on 22nd December, 1982 to deal with a dispute concerning mixed kills.


Hospital Employees' Industrial Union of Workers v. Hon. Minister for Health and Others.

No. C707 of 1981. A conference was held before Mr Chief Commissioner E. R. Kelly at the Western Australian Industrial Commission, 815 Hay Street, Perth on 12 January, 1982.

The conference was convened at the request of the Hospital Employees' Industrial Union of Workers to deal with interim wage increases.


West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, and the Western Australian Meat Commission—Robb Jetty Division, Parties.

No. €20 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on 14th January, 1982, having being initiated by motion of the Commission to deal with a dispute concerning proposed industrial action in mixed kills.



Western Australian Meat Commission—Robb Jetty Division and Western Australian Branch, Australasian Meat Industry Employees Union, Industrial Union of Workers.

No. C40 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on 22nd January, 1982 to deal with a dispute concerning the termination of an employee.


Printing and Kindred Industries Union, Western Australian Branch, Industrial Union of Workers and West Australian Newspapers Limited and Nationwide News trading as the Sunday Times.

No. C3 of 1982. A conference was held before Mr Commissioner G. J. Martin at Perth on 11th and 13th January, 1982 to deal with a dispute concerning rates of pay.

The matter will be heard and determined pursuant to 44 (10).

Western Australian Municipal Road Boards, Parks and Racecourse Employees' Union of Workers, Perth and Town of Armadale.

No. C486 of 1981. A conference was held before Mr Commissioner G. L. Fielding at the Western Australian Industrial Commission, 815 Hay Street, Perth, on 1st October, 1981, to deal with retrenchment and redundancy procedures.

The conference concluded.

Hon. Chief Secretary and Western Australian Prison Officers' Union of Workers.

No. C4 of 1982. A conference was held before the Chief Industrial Commissioner Mr E. R. Kelly at the Western Australian Industrial Commission, 815-823 Hay Street, Perth on 2nd February, 1982, to deal with leave conditions.

Parties came to agreement and conference was concluded.

The Plumbers and Gasfitters Employees Union of Australia, West Australian Branch, Industrial Union of Workers and Hamersley Iron Pty Ltd.

No. C620 of 1981. A conference was held before Mr Commissioner G. G. Halliwell at the Western Australian Industrial Commission, Karratha on 24th and 25th November, 1981, to deal with a strike by plumbers at Tom Price over work priority.


Western Australian Police Union of Workers Applicant, and Hon. Minister for Police, Respondent.

No. C702/81. A conference was held before the Chief Commissioner, Mr E. R. Kelly at the Western Australian Industrial Commission, 815-823 Hay Street, Perth on 7th and 8th January, 1982, to deal with dismissal of workers.


Sales Representatives' and Commercial Travellers' Guild of W.A., Industrial Union of Workers Applicant, and Valentine Publishing Co., Respondent.

No. C5 of 1982. A conference was held before Mr Chief Commissioner E. R. Kelly at the Western Australian Industrial Commission, 815 Hay Street, Perth on 22nd January, 1982.

The conference was convened at the request of the Sales Representatives' and Commercial Travellers' Guild of W.A., Industrial Union of Workers to deal with payment of pro rata long service leave.


Albany Advertiser, Applicant, and Printing and Kindred Industries Union, Western Australian Branch, Industrial Union of Workers, Respondent.

No. C708 of 1981. A conference was held before Mr Commissioner G. J. Martin at Perth on 18th January, 1982, to deal with a dispute concerning rates of pay.


University Salaried Officers' Association of Western Australia (Union of Workers) and Vice-Chancellor, University of Western Australia.

No. C625 of 1981. A conference was held before Mr Commissioner G. L. Fielding at Perth on 23rd December, 1981, to deal with the correct salary rate of a worker.

The matter was subsequently concluded.


CORRECTIONS-

GRAIN HANDLING (Country Reccival Points and Transfer Depots).


WHEREAS an error occurred in the copy of Order No. 257 of 1981 amending the above award, published in the Western Australian Industrial Gazette on 22nd July, 1981, Volume 61—Part 2, Sub- Part 1; Page 1108, the following correction is made:—

By the addition to the schedule of the following addendum in relation to Clause 10.—Camping and Away from Home Allowances.

Dated at Perth this 2nd day of February, 1982. K. SCAPIN,

Industrial Registrar.

Clause 10, subclauses 1 and 2—Camping and Away From Home Allowances: Delete both of these subclauses and insert in lieu:—

10. (1) Camping Allowance. Workers who have not been employed for

three months continuous service and who live in the accommodation provided by the employer in accordance with Clause 20 of this award, shall be paid an allowance of $6.23 for each completed weekly paid period they are available for work. Should a worker be absent from duty or live in the accommodation for less than a week, the payment shall be 86 cents for each day worked on which the worker is living in the accommodation including 86 cents for each Saturday, Sunday or holiday, but only if the worker is available for work on the working day immediately preceding and succeeding such Saturday, Sunday and holiday.

10. (2) Away from Home Allowance.

(a) Workers who have been employed for three months or more continuous service and who are required by the employer to work a distance of at least eight kilometres away from their usual place of employment shall be paid an allowance of $27.30 for each completed weekly pay period they are available for work. Should a worker be absent from duty in any week or is required to work away from the usual place of employment, for less than a complete week, the allowance shall be $3.90 for each day worked away from the usual place of employment including $3.90 for each Saturday, Sunday and holiday but only if the worker is available for work at a place away from their usual place of employment on the working day immediately preceding and succeeding such Saturday, Sunday or holiday. Provided further that in all cases payment for a completed week is conditional on the worker being required and available for work at a place away from their usual place of employment on the working day immediately succeeding the Saturday, Sunday or holiday.

(b) Notwithstanding any other provision in this subclause workers who are transported to and from a place or places of work away from their usual place of employment on any one day or who receive mileage allowance under

subclause (3) of this clause and that travelling takes place within the ordinary working hours shall not be entitled to any away from home allowance.

(c) Workers who are in receipt of an allowance under this subclause shall not be entitled to payment for travelling time or excess travelling time.

(d) For the purpose of paragraph (a) of this subclause, a worker's usual place of employment shall be the place so designated by the employer or in case of disagreement, so declared by the Board of Reference.

UNIONS—

Notices—Application lor Industrial Association—-

No. 115 of 1982. NOTICE is given of an application by the Amalgamated Metal Workers and Shipwrights Union of Western Australia; Australian Workers Union, West Australian Branch, Industrial Union of Workers; Australasian Society of Engineers, Moulders and Foundry Workers Industrial Union of Workers, Western Australian Branch; Electrical Trades Union of Workers of Australia (Western Australian Branch); The Federated Engine Drivers and Firemens Union of Workers of Western Australia; The Operative Painters and Decorators Union of Australia, West Australian Branch, Union of Workers; The Plumbers and Gasfitters Employees' Union of Australia, West Australian Branch, Industrial Union of Workers; Transport Workers Union of Australia, Industrial Union of Workers, Western Australian Branch; The Western Australian Carpenters and Joiners, Bricklayers and Stoneworkers Industrial Union of Workers, for registration as an Industrial Association pursuant to section 67 of the Industrial Arbitration Act, 1979. It is proposed that the name of the new Industrial Association will be "The Mining Unions Association of Western Australia".

The rule of the proposed new Industrial Association relating to the qualification of persons for membership of the Industrial Association is as follows:—

2. Constitution. (a) The Association named in Rule 1 which

for the purpose of these Rules shall hereinafter be called the "Association" shall, subject to section 67 (5) of the Industrial Arbitration Act, 1979 be composed of the following Unions having members in the Mining Industry in Western Australia, as defined in Rule 2 (b) hereof.

Amalgamated Metal Workers and Shipwrights Union of Western Australia. Australian Workers Union, West Australian Branch, Industrial Union of Workers. Australasian Society of Engineers, Moulders and Foundry Workers Industrial Union of Workers, Western Australian Branch. Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth.

24thFebruary, 1982] wESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 303

Federated Engine Drivers and Firemens Union of Workers of Western Australia. Operative Painters & Decorators Union of Australia, West Australian Branch, Union of Workers. Plumbers & Gasfitters Employees Union of Australia, West Australian Branch, Industrial Union of Workers. Transport Workers Union of Australia, Industrial Union of Workers, Western Australian Branch. Western Australian Carpenters & Joiners Bricklayers and Stone workers Industrial Union of Workers.

(b) The mining industry shall include the operations of underground mining, open cut extraction, quarrying, operating wells or evaporative pans, dredging, recovering from ore dumps or tailings, crushing milling, screening, washing, flotation, beneficiation, concentration, refining, smelting, heating, transporting, storing, loading and unloading of mineral ores, sands, salts, crude petroleum or gases, stones and gems and work incidental thereto. Provided that it shall not include that area subject to the jurisdiction of the Western Australian Coal Industry Tribunal and, nor shall it include the operations of Laporte Titanium, at Australind.

This matter shall not be listed for hearing before the Full Bench until after the expiration of 30 days from the date of the issue of the Industrial Gazette in which this notice is published.

A copy of the rules of the proposed Industrial Association may be inspected at my office in 815 Hay Street, Perth.

Any union registered under the Industrial Arbitration Act, 1979 or any person who satisfies the Full Bench that he has a sufficient interest, who desires to object to the application may do so by filing a notice of objection in accordance with Regulation 23 of the Industrial Commission Regulations, 1980.

T. POPE, Deputy Registrar.

PUBLIC SERVICE ARBITRATION—

Awards Delivered—

PUBLIC SERVICE ADMINISTRATIVE AND CLERICAL DIVISIONS

SALARIES Award No. 1 of 1982.

Public Service Arbitration. Award Delivered and Reasons for Decision.

PUBLIC SERVICE ARBITRATION ACT 1966. PURSUANT to the provisions of Regulation 8 of the Public Service Arbitration Act Regulations 1978 the following Award and Reasons for Decision are published for general information.

S. M. ARMSTRONG, Registrar.

Public Service (Administrative and Clerical Officers) Salaries Award.


This is a claim by the Civil Service Association of Western Australia Incorporated for an award covering _ increases in salaries and allowances for officers included in the administrative and clerical divisions of the Western Australian Public Service. The Public Service Board, in its answer to the claim, initially opposed the granting of any increases in salaries and sought the deletion of a range of existing allowances.

The original claim was submitted to the employer in accordance with section 14 of the Public Service Arbitration Act on 10th August, 1981. A discussion was held between the parties on 2nd September, 1981 and, correspondence from the Association to the Board having elicited no response, a formal claim in accordance with section 15 of the Act was lodged at this registry on 12th October, 1981. A conference before the Arbitrator was held on 20th October, 1981 which was unsuccessful in terms of negotiation or conciliation and, at the request of the Association, a formal hearing was set down commencing on 15th December, 1981.

In the course of the hearing it was arranged by agreement that, insofar as salary rates were concerned, the Arbitrator only be required to determine that applicable to an automatic range clerk at age 21, the existing relativities for other groups such as telephonists, clerical assistants, typists etc., being retained and a formula for percentage increases for clerks and administrative officers, proposed by the Board and accepted by the Association, based on relativities existing as at 28th June, 1974 and designed to alleviate compressions in such relativities which had occurred during the indexation period, to be applied.

The case presented by the Association on the issue of -salaries was on three separate and distinct approaches intended to be combined to produce the total benefit sought.

The first of the submissions centred around a consistent and understandable past philosophy of the Association, namely the achievement of rates payable at least equal to the leader in the public sector, currently the Victorian Public Service. This was seen as establishing a correct or firm base for negotiations, current and future, and intensive submissions were made with numerous exhibits tendered in support.

The second argument related to what was seen as the community movement, a term it was said, used by many authorities to describe a movement going through the work force at present in respect of salaries and wages of the order of $20.00 per week, which it was claimed, should be cumulative on the firm base, once established. The increases obtained by a wide variety of industrial groups were canvassed to illustrate the extent of. the movement now apparent and, while it was acknowledged that as at the date of hearing few had received arbitral approval, it was submitted that the pressure of the monetary increases granted by employers could not be ignored and could confidently be expected to extend through the workforce generally, including the white collar areas.

The third and last issue on the question of salary rates was the loss of the traditional holiday for Show Day which had been deleted by Government decision published in the Government Gazette of 3rd July, 1981. The effect of this, it was argued, was to deprive Public Servants of one of their paid holidays for the year, and by so doing to require them to work an additional day for which they ought to be remunerated. This issue, which was not strongly pressed during the hearing, finds little favour with


me, was not of any significance in arriving at an eventual decision and does not require further reference.

The Board, in opposing the claim summarised the recent history of Public Service salary fixation, presented a survey conducted of the market place and areas of what have been referred to as traditional affinity, attempted to demonstrate why the rates paid in Victoria are not appropriate, objected to consideration of community wage movements on the ground that there is no indication in the Australian or Western Australian Commissions that increases are uniform or consistent in any particular area at this stage, that the standard has not been applied to the public sector throughout Australia and pressed for a recognition of the economic effects to the State of any increases granted.

The submissions of both parties were to some extent overtaken by events in that a decision of the Australian Conciliation and Arbitration Commission affecting clerical and administrative officers of the Australian Public Service was delivered on 22nd December, 1981. As it had been acknowledged that this decision when known would be significant, the opportunity was taken for the advocates to again address on any effect it should have on this determination.

From a consideration of all of the arguments and supporting documents presented I have formed the following conclusions.

I am unable to accede to the Association's proposition that I should establish a firm base for present and further negotiation because, in the present fluid state of wage and salary fixation following upon the demise of indexation, no broad principles have emerged on which such a base could be laid. It is rather the case that, as in the past, the frame work within which wage fixing exists rests on shifting sands, a continuous process of reconstruction repair and drastic measures being required to maintain even a semblance of coherence. From my observations the only examples of the establishment of what might be called a firm base have been those occasions when, by Government edict in an emergency, restrictions have been imposed and latterly the principles of indexation, all of which have proved to be of temporary effect. In the current uncertainty the best that can be expected is that Public Servants are placed in a favourable economic situation within the community and not one of disadvantage.

As to the claim that, in establishing such a base, rates should be set at least equal to the leader in the public sector, it is surely necessary to demonstrate why that should be so rather than the averaging processes, upper quartiles, average of two States or equality with the Australian Public Service, all of which have been used as past yard-sticks. While the Association maintains that there should be no difference between the rates applicable in Victoria and Western Australia I prefer the attitude expressed in the remarks of Cort S. C. in a recent decision when he said:—

In the broad, employees of Government in this State exercise many of the same skills and responsibilities as like employees of other Governments in Australia, and their remuneration should be seen as being fair by comparison.

The underlining is mine. I agree with the comment of the advocate for the Board that Victoria is in a unique situation of competing with its own market place and no other State has chosen to follow. While giving due consideration to the current rates and a recent movement therein in reaching my decision, I also decline to follow.

While not directly concerned with its own case, the Association In attempting to counter the anticipated survey conducted by the Board, was at pains to demonstrate over award payments and fringe benefits enjoyed by comparable personnel employed in the private sector. I adopt the recent comment of the Arbitration Commission wherein it was stated:—

Nor is it appropriate for us to digress into consideration of so-called fringe benefits in private industry when weighed against the security of tenure and other employment benefits said to exist in the A.P.S. Our task is to set fair and reasonable rates of pay for the work now under consideration.

In the event it is not an issue of any weight but the policy there stated has equal application.

Having declined to adopt the rate payable in the Victorian Public Service or in the instrumentalities of that State I am duty bound to indicate the factors which influenced the eventual result. After reviewing the considerable volume of tables, salary scales etc. tendered I have been able to reach a verdict from an examination of the table of comparisons of clerks at age 21 lodged by the Public Service Board (exhibit A) brought up to date as at 24t h December, 1981. This I consider to be a satisfactory guide so far as it concerns the present proceedings, covering as it does all States, the Australian Public Service, the State Energy Commission of W.A., federated clerks, insurance officers and bank officials. I have taken account of the Australian Commission's decisions in respect of the Australian Public Service and the private banks, the agreement reached in the insurance industry but not yet ratified by the Commission and the administrative actions taken In both Victoria and Queensland. Those groups which have not moved since the last National Wage Case in May 1981 have been acknowledged but treated with reserve.

Bearing in mind the fact that the Australian Public- Service decision was based on a market survey taken in August and September last and has an operative date of early October, I have decided that a fair and reasonable salary, as at the operative date of this Award, for an automatic range officer aged 21 years is $11 850 per annum. In so awarding, in the words of Commissioner Clarkson, "I emphasise that my approach in this case has been to fix total rates of pay and not to award increases either by way of percentage or money."

By agreement of the parties, officers in the clerical range will receive appropriate increases based on the percentages set out in Public Service Board exhibit "L", designed to restore internal relativities as at 28th June, 1974. It being further agreed that the relativities with keyboard and clerical assistant groups should be maintained, I refer that aspect to the parties for calculation.

Adverting to the second string of the Association's claim, namely the additional sum to accommodate a community wage movement seen to be occurring, the resolution thereof presents certain difficulties. It is not denied by the Board, and indeed it would be difficult to do so, that large numbers of identifiable sections of the workforce have received wage increases of varying amounts, but generally of the order of $20.00 per week. On the other hand it must be recognized that some have been merely agreements between the parties concerned, others ratified by arbitral tribunals have been in the nature of trade offs, whefe the unions concerned have made commitments on behalf of their members in return for higher wages and shorter hours. Furthermore no instance could be provided of such movements affecting white collar or career sections of the economy.


At present it is by no means clear just what the nature of this so called movement is. Following the termination of the principles of indexation it may well be that what represents the establishment of a firm base for one sector constitutes a catch up for another or, equally it may be in effect a separate wage rise eventually to be of general application.

I presently lean to the Board's view that it would be wiser to wait and see what occurs in the traditional areas of affinity rather than to act speculatively now, it being inappropriate at this time to anticipate a community movement. However, to take no action might deprive Public Servants of justifiable increases emerging in the short term for which they would normally be unable to seek redress until such time as the matter could again be raised at the expiration of 12 months. A further factor, not yet discernible, will be the extent to which the Australian Commission may take account of such movement, if by then sufficiently widespread, in determining the National Wage Case due for hearing early in 1982.

I have therefore decided to invoke the power conferred by section 27 sub-section (2)(b) of the Public Service Arbitration Act and direct in the award that the provisions therein relating to salaries be referred to the Arbitrator immediately following the next National Wage Case as described in Clause 4 of the Award, limited to the determination of the extent, if any, by which any demonstrated community wage movement ought then to be accommodated. It must be emphasised that the review directed is so limited and is not intended to allow the issue of salary rates to be reopened without restriction.

The next matter to be decided is the contention of the Public Service Board that there should be separate awards for the administrative and clerical divisions and that the traditional joinder extant since 1967 should be discontinued. The Association objects to the separation on the ground that officers in the clerical and administrative divisions are in the same occupational group and that the relationship should not be disturbed. The Board for its part sees the administrative division as being a separate occupational group requiring its own award to reflect the intention of Parliament and to remove any suggestion that the two divisions are meshed into one.

At an early stage of the proceedings I commented that I did not see any difficulty in their being joined nor in their being separated and I still hold to that view. There have been no problems brought to attention since the divisions were joined in 1967 and none was suggested during the present hearing. My concern is in determining what constitutes an occupational group within the meaning of the definition set out in the Act so far as it affects the officers in question. On a strict intepretation there would be a need for at least three separate awards for the clerical division alone and, notwithstanding the submissions made on behalf of the Association, I am unable to be satisfied that administrative officers form part of the same occupational group as what I would see as separate groups within the clerical division. Likewise I am unconvinced that officers within the administrative division are all in the same occupational group within the meaning of the definition and it is only necessary to refer to Departments such as Resources Development and Youth Sport and Recreation or items such as the Valuer General and the Chief Inspector of Machinery to name of few examples to illustrate the point.

In my opinion it is neither possible to say that the divisions constitute one occupational group nor that the administrative division can be so classed. If it can be demonstrated that it is advantageous that there be a separation or that their joinder causes significant

problems, then there seems no reason why there should not be individual awards. On the other hand if no valid reason can be advanced for such a course of action then the practice which has continued for 14 years need not be disturbed. The award will be brought down in amalgamated form.

The Board, by its answer to the Association's claim, opposed the continuation of all allowances previously granted, other than efficiency allowances, and sought their deletion from the award, while the Association argued for retention and upgrading of same. For convenience and continuity, so far as is possible, the contested items are dealt with in the order in which they appear in the claim.

The first such item in subclause (d) of Clause 6, commonly referred to as the married man's allowance. This allowance had its origin in 1938 and with some amendment has remained substantially the same in form to date. In the view of the Board the circumstances leading to its creation no longer exist and factors were cited which they saw as justifying its abolition. The Association pressed for its continuation. I find myself in agreement with the Board to the extent that I consider it should be reassessed in the light of current economic conditions, but do not agree that it should be deleted. The original intention of the allowance was to assist officers with dependents during the early years of their career, but in modern society where a significant number of wives continue to work after marriage there would seem to be no justification for the granting of an allowance where the dependency does not occur. I propose therefore to continue the allowance but to amend the wording to read:—

(d) A clerical automatic range officer who is married and who is wholly or substantially supporting a spouse and/or dependent relatives, on the approval of the Board, shall be paid an allowance equivalent to the difference between his rate- of pay and the next higher grade in the incremental scale of the automatic range, with a maximum salary inclusive of such allowance equivalent to the rate of pay at age 27 years or seventh year of adult service.

The Board has indicated that if the allowance be deleted those officers currently receiving it would continue to do so but that it would be absorbed by any increases emanating from this or any future cases involving salaries. I accept that proposal as reasonable except that I direct that, where officers are so affected by this decision, the allowance will be reduced in two moieties, the first forthwith and the balance as salary increases after this date permit.

So far as the service allowances provided by subclause (e) and (f) are concerned, while the Board considers them no longer appropriate, it must be remembered that they have existed in varying form for many years and were introduced by agreement between the parties. The number affected can be expected to diminish and, the Association having concurred with the officers being required to carry out duties at a level consistent with the salary paid, no significant expenditure is involved. By agreement the wording of subclause (e) (i) will be amended to remove an anomaly by the insertion of the words "who has completed seven (7) years continuous service as a clerical officer" after the word "Board" in line three thereof.

At the request of the parties subclause (g) of Clause 6 has been deleted.

Dealing now with efficiency allowances, it is sufficient to say that, while the separate incremental scales for the clerical division continue, those for the keyboard group should, in terms of quantum, reflect the intention of the decision of 9th September, 1977. At the time of the 1974 agreement the efficiency


allowance for a telephonist was $60.00 while that for a typist qualified at 50 words per minute was $80.00 and I consider that that ratio should at least be maintained, having determined that issue in principle, it is left to the parties to make the necessary calculations and amend the schedule to take account of new categories accepted by the Board.

Qualifications allowances were first introduced in 1948 and have been paid on differing bases since that date. The Board now seeks their deletion on the ground that, having been introduced as an inducement to study, that inducement is no longer necessary as officers receive study assistance and the possession or progress towards qualifications is considered a factor of efficiency affecting promotion. The Association on the other hand argues for their inclusion and upgrading to an incremental pattern as originally introduced.

The Board encourages the attainment of qualifications appropriate to the diverse requirements of public services and undoubtedly benefits from the higher standard of education attained and the skills employed by those who undertake the studies required. While it can be said that the inducement of study assistance and better prospects of promotion exist, there is justification for some form of financial reward, particularly to encourage junior officers to qualify at an early stage of their career and see some compensation therefor. It has become a matter of balancing the assistance afforded by the Board against some tangible recognition and I have concluded that the allowance should remain and be increased, although not to the amount claimed. The allowance for diplomates will be $200.00 and for graduates $300.00, reducing in accordance with the present schedule.

The Association seeks the insertion in Clause 10.—Qualifications Allowance of a subclause to provide that, where the question of equivalence of qualifications is in dispute, it shall be deemed to be a dispute or disagreement within the meaning of section 11 (1) (f) of the Public Service Arbitration Act. I am not persuaded that such a provision should be inserted in the award. The determination of appropriate qualification on appointment and for the purpose of promotion presently rests with the Board and I have concluded that it should extend to the payments of allowances also. It is my understanding that, where a question of equivalence arises, the matter is referred to an appropriate academic body for assessment and their opinion accepted. It has not been a cause for dispute in the past and I see no good reason for inclusion of the subclause.

The claim as lodged retains by Clause 11 the provision that, subject to good conduct, diligence and efficiency, an officer shall proceed to the maximum of his salary range. This clause has existed in agreements for a number of years, but in recent times has given rise to a number of dispute hearings, principally because a section of the previous Public Service Act and the regulations to the present Act are in similar terms. In addition the Association seeks a proviso that a dispute or disagreement as to whether an officer has good conduct, diligence or efficiency shall be deemed to be a dispute or disagreement within the meaning of section 11 (1) (f) of the Public Service Arbitration Act. The Board opposed the clause and counter proposed in the alternative that it be in the following terms:—

Annual Increments An officer shall proceed to the maximum of his

salary range by annual increments according to the increments of such salary range in accordance with Regulation 5 of the Public Service Regulations 1979, made under the Public Service Act 1978.

Parliament has, by Regulation published in the Government Gazette of 12th April, 1979, laid down in detail the procedure under which increments shall be paid, and if there is to be recourse to arbitration over the dispute arising then it should be provided by statute or regulation and it is not for this office to assume the power in the manner sought. The original clause and the counter proposal are otiose and the clause will be deleted.

A further clause included in the claim is for liberty to apply to be reserved to the Association at any time during the term of this award to lodge a claim to amend the provisions of Clauses 6, 7 and 9 to provide for a common scale or composite scale for the ranges contained in those clauses. The Board objects on the ground that liberty to apply is contingent upon certain specific events or circumstances occurring which may require a re-opening of the matter and that this is not the case in these proceedings.

I agree with the Board that the clause should not be included in the award and, if the question of common or composite scales is to be argued, it ought to be in the course of a specific claim unless the parties otherwise agree. Recognizing that the prospect of such scales has certain appeal, and without in any way encouraging or pre-judging the issue, I would suggest that if the proposition is seen to be both practical and attainable then an arguable case should be prepared and submitted to the Board who in their turn could be expected to engage in objective on its merits. If no consensus be reached or no worthwhile discussions ensue, the heads of argument to be presented when arbitrated would then be clearly defined.

Having continued the service allowances in the clerical automatic range, and it being acknowledged that the numbers in receipt of such an allowance in the telephonist and key-board group are very limited, I determine that subclauses 7 (i), 8 (c), 9 (e) and 9 (f) be amended to the sum of $200.00 per annum subject to the certificate of the Permanent Head as set out therein.

The normal incremental points for officers in the classified ranges of the clerical division is two increments per class but an anomaly arises at Class 7 where three increments occur. The Association has argued for the correction of this disparity by demonstrating its inconsistency with the classes above and below and the duties carried out by officers at these levels. Their submission was that the three steps had no logical base and that officers should progress from the minimum directly to the maximum. The Board, having indicated the reason for its establishment, considered that to remove the additional increment would distort relativities with other groups. From a point of view of consistency and bearing in mind the substantial increase enjoyed it was considered appropriate to retain the mid point for this class.

Whichever way any step is taken to correct what can be seen as an anomaly in the salary structure for classified officers, a distortion of relativities will remain. Removal of the first or second increments solves nothing and reduction to two points and spreading of the increments perpetuates the problem of relativities. A partial solution of re-arrangement of incremental points over several classes to iron out the hump created as salary increases permit would be unlikely to appeal. After consideration I have decided that it should be recognized for the irregularity it is, unrelated to the attainment of maximum efficiency, serving only to retain an incremental uniformity and for that reason only should remain.

The final matter for resolution is the claim by the Association for the removal of restrictions on payment of the married person's and service allowances for temporary officers. The submissions


on this aspect were related to the changes seen to have taken place over recent years and the view that the present restrictions should be relaxed. The Board's approach was that the restrictions should still apply and that temporary employees should not receive all the benefits which permanent officers receive.

I favour the Board's attitude on this issue. There is a need to distinguish between career officers and those temporarily employed, although the latter should not be unduly disadvantaged. The opportunity exists for such officers to apply for permanent appointment after five years service with a right of appeal against an unfavourable determination by the Board. Conditions of service are dissimilar in other respects and I am of the view that the limitations imposed by the existing Clause 12 should be retained. It was suggested by the advocate for the Board that the clause might be deleted and the words "a permanent officer shall receive" inserted where appropriate. This on examination may prove rather prolix and I leave it to the parties for discussion in the framing of the award.

The question of an operative date was canvassed at the hearing and, after a review of the course of events leading up to the arbitrated hearing, I rule that the award shall have effect from the first pay period commencing on or after 15th December, 1981.

The award in draft form is referred to the parties for discussion, calculations and for submissions that may be made on its final form.

N. J. MALLEY, Public Service Arbitrator.

14th January, 1981.


Addendum to Reasons for Decision. Following upon the handing down of the above

decision, it has been drawn to my attention by representatives of the Public Service Board that no agreement had, in fact, been reached that the Arbitrator only be required to determine the salary rate applicable for an automatic range clerk, or for the maintenance of existing relativities with keyboard and clerical assistant groups and the adoption of a formula for percentage increases for clerks and administrative officers, as stated in pages one and five of the decision.

However, from a review of the transcript and the tenor of the proceedings there is ample ground to justify an inference that there existed an implicit consensus between the parties that the matter be so resolved and I have had no hesitation in drawing that inference. The inclusion of the words "by agreement" resulted from a misunderstanding of the attitude being adopted by the Board on these aspects of the claim.

The advocate for the Board in the course of his submissions related to the production of exhibit "L", dealing with the return of relativities to 28th June 1974 and 16th May 1975, did comment that 16th May 1975 was that which the Board would regard as the appropriate date. In my determination of the date from which the internal relativities should be restored, that of June 28 1974 was deemed the more appropriate.

In all other respects the decision stands.


14th January 1981.


Further addendum to reasons for decision.

The original decision, as amended, referred to an implied arrangement by which a formula for percentage increases for administrative officers and clerks above the base grade was to be applied, and held that officers in the clerical (sic) range receive appropriate increases based on the percentages set out in exhibit "L", designed to restore internal relativities as at 28th June, 1974.

This finding was based upon the assumption that the documents comprising exhibit "L", submitted by the Board and confirmed by the Association as being correct, were an accurate representation of the relativities occurring as at that date. In fact, the salaries operative from 28th June, 1974 had originally been set by administrative instruction published by the Public Service Board on 3rd July, 1974 and later adopted in an agreement signed by the parties on 17th December, 1974. These salaries had been increased by a further instruction dated 19th December, 1974 reflecting the decision of the Australian Public Service Arbitrator of 3rd December, 1974.

In compiling the documents (exhibit "L") the Board appears to have calculated that portion related to the clerical division from the figures derived from the agreement and that for the administrative division from the administrative instruction dated 19th December, 1974, backdated to 28th June, 1974.

The Association, for its part, acknowledge that it had accepted the document and submissions, checking only the extremities of the tables and not the mid-section where the error lay. I am satisfied that each was acting on a wrong premise, the parties were no ad idem and neither should be bound by the attitudes adopted at the original hearing.

The serious inconsistency resulting renders the exhibit virtually worthless and, the parties being unable to arrive at a compromise agreement on the actual salary scales that should apply, the hearing has been re-opened for their determination by arbitration. Those portions of the decision will therefore be rescinded and set aside.

The Board in its renewed submissions argued faintly for a scale based on the percentage relativities drawn from the agreement No. 18 of 1974 and forcefully, in the alternative, for the adoption of a calculation of relativity with salaries determined by the administrative instruction dated 19th December, 1974, operative from 29th November, 1974 and reflecting the then recent decision of Mr Arbitrator Taylor, that being seen as the last arbitrated or agreed scale of relativities settled before the advent of indexation.

The Association, in turn, postulated the proposition that the Board, in making its calculations, had erred in using the wrong column to ascertain the correct figure for the clerical division, that there was no reason for the original decision to be altered and that it should merely be implemented on the corrected scale. Pressed on the question of the alternative of the calculation of relativities as at 29th November, 1974, it was submitted that, while not decimating a preferred position, it could only be regarded as second best and could not be agreed as between the parties.

It was mutually acknowledged that the formula for restoration of relativities should be derived from one of three options, namely, (i) the salaries agreement of 17th December, 1974 operative from 28th June, 1974, (ii) the salary determination of the Board of 19th December, 1974, operative from 28th June, 1974, or (iii) that operative from 29th November, 1974-

16851—7

308

The agreement of 1974 provided a flat increase of $835.00 at all levels, and its application would have limited effect in easing the compression of relativities seen to have occurred. 1 therefore dismiss it from further consideration and the issue then becomes a selection of the salary scales resulting from the Public Service Board's administrative instruction operative from either 28th June, 1974 or 29th November, 1974.

While the source of these figures was the arbitrated result of an extensive market survey undertaken by the Australian Public Service Board, I have not reached a conclusion related to that aspect in any way but rather considered the actual monetary benefit at the various classes and the immediate relationships thereby established.

By reference to the revised exhibit "L" tendered it is evident that there have been significant fluctuations in the relationship of the salaries of base grade and classified officers between 1967 and 1979, particularly noticeable at the upper section of the ranges. There would seem to be no justification for a set percentage to endure and, as the level of salaries increase at rates experienced over recent years, there may well be a need for tapering to occur to prevent illogical consequences. This had been, to some extent, recognised by Mr Arbitrator Taylor in a 1974 decision (Determinations Nos. 485 and 486) wherein he had rejected not only a flat money argument but also the claim for a uniform percentage increase. He pointed out that the latter may have the opposite result to that brought about by the application of the former in that it could result in actual money increases of very divergent amounts. He further stated that when increases are awarded to cover the same period of reviews for all covered by a determination and in the same economic circumstances and industrial environment this may not be fair and may also cause industrial disputation.

Conscious of the need to award justifiable increases while exercising a measure of restraint in the prevailing economic conditions, I have determined that the percentages to be applied throughout the clerical and administrative divisions should be in accordance with those derived from the administrative instruction effective from 29th November, 1974. This will result in a salary increase of $924.00 at age 21 years increasing by steps to $6 874.00 at the top classification of the administrative division which I regard as a reasonable readjustment of internal relativities as at the relevant date, not intended to be immutable.


26th January, 1982.

The form and content having been agreed between the parties, I now hand down the award.


28th January, 1982.

[24th February, 1982

Western Australia. Public Service Arbitration Act 1966.

PUBLIC SERVICE ADMINISTRATIVE AND CLERICAL DIVISIONS

SALARIES AWARD 1982. No. 1 of 1982.

1.—Title. This Award shall be known as the Public Service

Administrative and Clerical Divisions Salaries Award 1982 and shall supersede and replace the Public Service (Administrative and Clerical Officers) Salaries Agreement No. 18 of 1974, including amendments.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. National Wage Case Ajustment. 5. Amalgamation of Salary Classes. 6. Administrative Division Offices. 7. Clerical Division Group II Offices. 8. Clerical Division Group III Offices. 9. Clerical Division Group IV Offices.

10. Clerical Division Group V Offices. 11. Clerical Division Group VI Offices. 12. Efficiency Allowances—Groups III and V. 13. Qualifications Allowances—Groups II and

IV. 14. Temporary Officers. 15. Community Wage Movement. 16. Copies of Award. 17. Term of Award.

3.—Scope. This Award shall apply to all offices within the

Administrative and Clerical Divisions of the Public Service under and within the meaning of the Public Service Act, 1978-1980.

4.—National Wage Case Adjustment. The salary rates prescribed by this Award shall be

varied to the extent necessary to give effect to any decision of the Australian Conciliation and Arbitration Commission in a National Wage Case made during the currency of this Award and expressed to be on general economic grounds and which has general application.

5.—Amalgamation of Salary Classes. In allocating salaries or salary ranges in accordance

with Section 12 of the Public Service Arbitration Act, 1966-1978, the Board may amalgamate any two or more classes.

6.—Administrative Division Offices. The annual salaries applicable to offices within the

Administrative Division shall be as follows:— Class $

1 29 955 2 31360 3 32 767 4 34 172 5 35 564 6 36 969 7 39 333 8 41 045 9 42 761

1 0 44 700 1 1 46 756

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.


7.—Clerical Division Group II Offices. (a) The annual salaries applicable to offices within

Group II shall be as follows:-

1 14 948 2 15 987 3 17 062 4 18 225 5 19 437 6 20 683

Inter- medi- Maxi-

ate mum $ $

; — 15 473 — 16 501

: — 17 632 . — 18 833 1 — 20 043 : — 21332

7 21 972 22 623 23 263 8 23 913 — 24 554 9 25 241 — 25 924

1 0 26 654 — 27 422 1 1 28118 — 28 847

(b) An officer appointed to a Class 1 office shall be paid an allowance to bring the officer's salary to the minimum of Class 2 after completion of 12 months service on the maximum salary of such Class 1 office, which allowance shall be increased to bring the officer's salary to the maximum of Class 2 after completion of a further 12 months service.

Provided that—

(i) in each case the Permanent Head is satisfied with the officer's efficiency, diligence and conduct and as to the ability of the officer to perform higher duties;

(ii) on the promotion of an officer to a higher position, any allowance received under this subclause shall be reduced to bring the officer's salary up to the minimum salary of the position to which the officer is promoted, and thereafter any allowance still received by the officer shall be reduced and converted to salary as and when the officer becomes eligible for annual grade increments;

(iii) an allowance paid under this subclause shall cease should the officer refuse to accept promotion; and

(iv) an officer shall not be eligible to receive an allowance under this subclause until the officer has completed not less than nine years continuous service in the Clerical Division as an adult permanent officer.

8.—Clerical Division Group III Offices.

(a) The annual salaries applicable to offices within Group III shall be as follows:—

Mini- Maxi- Class mum mum

1 — 13 070 2 13 556 13 880 3 14 488 14 843 4 15 451 15 859 5 16 376 16 977 6 17 407 17 887

(b) An officer appointed to any of the Classes as set out in subclause (a) and who has completed not less than twenty (20) years of continuous permanent service, shall be paid an allowance of $200.00 per annum, provided the Permanent Head is satisfied with the officer's efficiency, diligence and conduct.

9.—Clerical Division Group IV Offices. (a) The annual salaries applicable to offices

Group IV shall be as follows:— Age or Year of Adult Service

Under 17 years 6 089 17 years 7 115 18 years 8 298 19 years 9 606 20 years 10 787 21 years or first year of adult service 11 850 22 years or second year of adult service. 12 297 23 years or third year of adult service.... 12 742 24 years or fourth year of adult service . 13 188 25 years or fifth year of adult service 13 635 26 years or sixth year of adult service.... 14 080 27 years or seventh year of adult

service 14 592

(b) An officer who is over the age of 21 years on appointment may be appointed at the minimum rate of pay based on years of service and not on age.

(c) A Group IV officer who is married and who is wholly or substantially supporting a spouse and/or dependent relatives, on the approval of the Board, shall be paid an allowance equivalent to the difference between his rate of pay and the next higher grade in the incremental scale of the Group IV range, with a maximum remuneration inclusive of such allowance equivalent to the rate of pay at age 27 years or seventh year of adult service.

(d) A Group IV officer who has passed the promotional examination or has acquired equal or higher qualifications approved by the Board, who has completed seven (7) years continuous service as a clerical officer, and who has been retained on the maximum salary of the Group IV range for at least one year, shall be paid an allowance equal to the difference between that salary and the minimum prescribed for Class 1 in Clause 7, progressing thereafter by annual increments equivalent to the prescribed incremental steps to the maximum of Class 2 in Clause 7.

(e) A Group IV officer who has not passed the promotional examination, or who does not possess the higher qualifications required in subclause (d), but has completed fifteen (15) years continuous service as a clerical officer and who has been retained on the maximum salary of the Group IV range for at least one year, shall be paid an allowance equal to the difference between that salary and the minimum prescribed for Class 1 in Clause 7. On completion of a further year's service the allowance shall be increased to provide for a total salary, including the allowance equal to the sum prescribed for the maximum of the said Class 1. On completion of twenty (20) years continuous service the allowance shall be increased to provide for a total salary, including the allowance, equal to the sum prescribed for the minimum of Class 2 in Clause 7, progressing after a further year's service to the sum prescribed for the maximum of the said Class 2.

(f) (i) An allowance under subclauses (d) or (e) shall not be granted unless the Permanent Head is satisfied with the officer's efficiency, diligence and conduct and as to the ability of the officer to perform higher duties;

(ii) on the promotion of an officer to a higher position any allowance received under subclauses (d) or (e) shall be reduced to bring the officer's salary up to the minimum salary of the position to which the officer is promoted and thereafter any allowance still received by the officer shall be reduced and converted to salary as and when the officer becomes eligible for annual grade increments; and

within

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [24th February, 1982

(iii) an allowance under subclauses (d) or (e) shall cease should the officer refuse to accept promotion.

10.—Clerical Division Group V Offices. (a) The annual salaries applicable to offices within

Group V shall be as follows:— Age or Year of Adult Service $

Under 17 years 5 909 17 years 6 765 18 years 7 892 19 years 9 041 20 years 10 222 21 years or first year of adult service 11 285 22 years of second year of adult service. 11 732 23 years or third year of adult service.... 12 177 24 years or fourth year of adult service . 12 623

(b) an officer who is over the age of 21 years on appointment may be appointed at the minimum rate of pay based on years of service and not on age.

(c) A Group V officer who is in receipt of any of the allowances prescribed by Clause 12 and who has completed at least four years continuous service on the maximum of the Group V range shall be paid an additional allowance of $200.00 per annum. Payment of this additional allowance shall be subject to the Permanent Head being satisfied with the officer's efficiency, diligence and conduct and such allowance shall cease on promotion to a higher position or shall cease should the officer refuse to accept promotion.

(d) A Group officer who has not passed any of the examinations referred to in Clause 12 shall be paid an allowance of $200.00 per annum on completion of not less than twenty (20) years of continuous permanent service, provided the Permanent Head is satisfied with the officer's efficiency, diligence and conduct and such allowance shall cease on promotion to a higher position or shall cease should the officer refuse to accept promotion.

11.—Clerical Division Group VI Offices. (a) The annual salaries applicable to offices within

Group VI shall be as follows:— Age or Year of Adult Service $

15 years 5 135 16 years 5 694 17 years 6 296 18 years 7 345 19 years 8 508 20 years 9 555 21 years or first year of adult service 10 492 22 years or second year of adult service. 10 866 23 years or third year of adult service.... 11 250 24 years or fourth year of adult service . 11 622

(b) A Group VI officer designated as a Telephonist who has completed not less than twenty (20) years of continuous permanent service shall be paid an allowance at $200.00 per annum, provided the Permanent Head is satisfied with the officer's efficiency, diligence and conduct.

(c) A Group VI officer designated as a Telephonist who passes a Telephonists' Efficiency Examination as approved by the Board shall be paid an allowance of $163.00 per annum.

12.—Efficiency Allowances—Groups III and V. (a) An officer appointed to a Group III or Group V

office shall be paid an allowance of:— (i) $204.00 per annum provided that in the case

of a Typist or Clerk Typist the officer passes an efficiency examination approved by the Board in typing at 50 words per minute.

(ii) 3283.00 per annum provided that in the case of a Typist or Clerk Typist, the officer passes an efficiency examination approved by the Board in typing at 60 words per minute.

(iii) $283.00 per annum provided that in the case of a Typist or Clerk Typist, the officer passes an efficiency examination approved by the Board in shorthand writing at a speed of 100 words per minute.

(iv) $487.00 per annum provided that in the case of a Typist or Clerk Typist, the officer passes an efficiency examination approved by the Board in typing at 50 words per minute and in shorthand writing at 100 words per minute.

(v) $565.00 per annum provided that in the case of a Typist or Clerk Typist the officer passes an efficiency examination approved by the Board in shorthand writing at a speed of 100 words per minute and typing at 60 words per minute.

(vi) $565.00 per annum provided that in the case of a Machinist the officer passes an examination approved by the Board in typewriting at a speed of 35 words per minute and in the operation of an accounting and listing machine.

(vii) $565.00 per annum provided that in the case of Data Processing Operators, the officer passes an examination approved by the Board.

(viii) $283.00 per annum provided that in the case of a Comptometrist or Electrical Calculator Operator the officer passes an examination approved by the Board.

(ix) $392.00 per annum provided that in the case of a Flexowriter Operator the officer passes an examination approved by the Board.

(x) $283.00 or $392.00 per annum as determined by the Board, 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 Board.

(b) The allowances prescribed by subclause (a) shall not be cumulative so as to permit an officer to receive more than one allowance at the same time.

(c) Continued payment of any allowance prescribed by subclause (a) shall depend upon the Permanent Head being satisfied with the officer's efficiency, diligence and conduct.

13.—Qualifications Allowances—Groups II and IV. (a) Diplomates.

An officer who holds— a Diploma of the Technical Education Division of the Education Department;

or passes five (5) units in a Bachelors Degree course at the University of Western Australia;

or passes five (5) units in a Bachelors Degree course at Murdoch University;

or passes the first four years of a part-time syllabus of an Associateship or Bachelors Degree course at the Western Australian Institute of Technology;

or who holds or passes a qualification or examination which, in the opinion of the Board, is equivalent to any of the aforesaid;

and who occupies an office classified at a level listed in column (a) of subclause (c), shall be paid a qualifications allowance at the rate expressed in column (b) of that subclause.

(b) Graduates and Associates. An officer who holds—

a Bachelors Degree at the University of Western Australia;

or a Bachelors Degree at the Western Australian Institute of Technology;


or a Bachelors Degree at the Murdoch University;

or an Associateship of the Technical Education Division of the Education Department;

or passes an Associateship of the Western Australian Institute of Technology;

or who holds or passes a qualification or examination which, in the opinion of the Board, is equivalent to any of the aforesaid;

and who occupies an office classified at a level listed in column (a) of subclause (c), shall be paid a qualifications allowance at the rate expressed in column (c) of that subclause.

Column Column (e)

(b) Annual Annual Allow- AUow- ance— ance— Graduates

. — . . . Diplo- and (c) Column (a) mates Associates

Group IV 200 300 Group II:

Classes 1 to 4 inclusive 200 300 Class 5 100 200 Class 6 minimum Nil 100 Class 6 maximum and above Nil Nil

Payment of an allowance under the provisions of this clause shall cease as a result of the officer being appointed to an office for which no qualifications allowance is provided.

14.—Temporary Officers. The provisions of subclauses 7 (b), 9 (c), 9 (d), 9

(e), and 10 (c) do not apply in respect of a person temporarily employed.

15.—Community Wage Movement. It is hereby directed that immediately following

the next National Wage Case the provisions of the Award relating to salaries are to be referred to the Arbitrator for review.

16.—Copies of Award. Every officer employed in the Administrative and

Clerical Divisions shall be entitled to have access to a copy of this Award. Sufficient copies shall be available in each Department for this purpose.

17.—Term of Award. This Award shall have effect from 18th December,

1981. Dated at Perth this 28th day of January, 1982.


PUBLIC SERVICE ARBITRATION—

CORRECTIONS—

PUBLIC SERVICE ARBITRATION ACT 1966. PERTH THEATRE TRUST

ADMINISTRATIVE, CLERICAL AND GENERAL OFFICERS SALARIES,

ALLOWANCES AND CONDITIONS AGREEMENT, 1981.

WHEREAS a printing error occurred in the publication of the above Agreement in the Western Australian Industrial Gazette of Wednesday, 27 January, 1982 Volume 62—Part 1 Sub-Part 1 the following correction is made.

Page 193—first column. Clause 4. Delete:—Subclause (i) Insert:—

(i) to these officers categorised as Administrative or Clerical, such of the salaries or salary ranges as it deems appropriate, taken from the Public Service (Administrative and Clerical Officers) Salaries Agreement No. 18 of 1974, including amendments and variations.

(ii) to those officers categorised as General, such of the salaries or salary ranges as it deems appropriate, taken from the Public Service (General Division Officers) Salaries Agreement No. 8 of 1975, including amendments and variations.

S. M. ARMSTRONG, Registrar.

212 western australian industrial gazette ......carpenters' and joiners',...

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